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InAlienable
Daily Dispatch
January 16, 2020
Federal Court blocks Trump Refugee Order
On September 26, 2019, Trump issued an Executive Order (EO 13888) that requires state and local officials to provide written consent in order for refugee resettlement to continue in their states and localities. This means that refugee resettlement will stop in an entire state unless the governor sends a letter providing consent. County executives or their equivalents, depending on each state’s setup, must also provide consent in order for refugees to be resettled in their localities.
On January 8 a Federal District Court in Greenbelt, Maryland heard arguments against the executive order. Two days later, Texas became the first state to opt out of the refugee resettlement program for FY2020. Forty-two states have agreed to continue accepting refugees. Only two counties had voted to opt out of refugee resettlement: Beltrami County in Minnesota (in which no refugee has been resettled in over five years) and Burleigh County in North Dakota (which voted to limit the number admitted but still accept some refugees- only 19 refugees were resettled in FY 2019). The debates have proved very contentious - which was clearly part of Trump’s intent.
Yesterday, the District Court in Greenbelt issued an injunction against the executive order. From the Associated Press:
A federal judge on Wednesday halted President Donald Trump’s executive order that gave state and local officials the ability to shut the door on refugees, and ignited a fierce debate in communities about how welcoming the United States should be.
U.S. District Judge Peter Messitte in Maryland said in his ruling that the president’s order “flies in the face of clear Congressional intent” of the 1980 Refugee Act by allowing state and local governments to block the resettlement of refugees in their jurisdictions.
In issuing a preliminary injunction, Messitte said the process should continue as it has for nearly 40 years, with refugee resettlement agencies deciding where a person would best thrive.
This is great news. However, while the legal process drags on, the uncertainty remains for the 1,800 refugees that are to be resettled in Texas - almost all with family in the state.
Meanwhile, the overall cap on refugees allowed into the United States continues to fall under Trump. This year the cap is just 18,000. It was 110,000 in 2016. Currently between 150,000 and 200,000 refugees are in the pipeline, seeking resettlement in the United States.
In a first, ICE subpoenas Denver police
In a bizarre development in the ongoing war between “sanctuary” cities and the Trump administration, Immigration and Customs Enforcement has issued subpoenas to the police in Denver to force release of information on four men that ICE is seeking to deport. According to Denver police, however, they’ve already given the information sought to ICE for three of the men in question and will provide release information on the fourth one when he is actually released from custody. From the Associated Press:
The four men, three Mexican nationals and one Honduran, had all been arrested and jailed for violent offenses such as sexual assault and child abuse and had all been previously deported, according to ICE.
“ICE officials contacted Denver to request jail release notifications involving four inmates,” Luby said. “Contrary to what ICE is saying, we honored three of those requests for the three inmates released at that time. We will honor the request for the fourth inmate when he is released.”
So what is going on? Denver has adopted policies that restrict police cooperation with ICE. In particular, the Denver police will not detain people for ICE. The ICE practice of requesting “detainers” is controversial. ICE requests that local police refuse to release people for up to 48 hours beyond their scheduled release date, so that ICE field offices can send someone to pick them up. Local and county law enforcement have begun to push back against the use of detainers, with many now refusing to keep people in custody for ICE, unless there is a warrant issued by a federal judge requiring it. Holding people so ICE can come and decide what to do with them is a violation of civil rights. Or so, Denver, among other cities, has argued. From the Associated Press:
The subpoenas were issued Monday. In three of the cases, officials have 14 days to respond with information, and in one case, three days. Ryan Luby, a spokesman for the city attorney’s office, said the subpoenas requested additional information than what was already provided.
“The subpoenas were not issued by a court of law and not signed by a judge. There is no indication they are related to a criminal investigation,” he said. “Denver does not comply with subpoenas unless they are Court-ordered or unless they are primarily related to a criminal investigation. Our immigration ordinance fully complies with federal law.”
This was apparently the first time ICE has issued a subpoena against a law enforcement agency, but likely will not be the last. What ICE is actually expecting from Denver’s police is not clear. As noted, ICE received release notifications already. This seems an effort to reframe the optics of “law and order” in the administration’s favor, while attacking the credibility of sanctuary policies. It could prove to be much ado about nothing in the long run or, or signal a new tactic in the administration’s war on immigrants and the people who stand with them.