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US Supreme Court hears challenge to Biden admin immigration policy

| By AFP | Chris Lefkow |

The US Supreme Court heard arguments on Tuesday in a case brought by border state Texas challenging the federal government’s right to decide which undocumented migrants should be targeted for deportation.

Defending the Biden’s administration’s policy, Solicitor General Elizabeth Prelogar said the federal government has to prioritize its efforts because it does not have the resources to pursue the 11 million undocumented “noncitizens” in the country.

“This is not about reducing enforcement of the immigration laws, it’s about prioritizing limited resources to say go after Person A instead of Person B,” Prelogar said.

After more than two hours of arguments, the nine justices on the conservative-majority court did not appear to fall clearly on one side or the other of the case, which also raises thorny questions of the legality of state challenges to federal policies.

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“It means that states can challenge the federal government on any policy with which they disagree,” Prelogar said. “Federal courts should not be transformed into open forums for each and every policy dispute between the states and the national government.”

Texas filed suit after the Department of Homeland Security, in a September 2021 memo, instructed US Immigration and Customs Enforcement (ICE) to concentrate expulsion efforts on persons who “pose a threat to national security, public safety, and border security.”

“We do not have the resources to apprehend and seek the removal of every one of these noncitizens,” Homeland Security Secretary Alejandro Mayorkas said. “Therefore, we need to exercise our discretion and determine whom to prioritize for immigration enforcement action.”

Texas solicitor general Judd Stone said prioritizing expulsion of undocumented migrants to certain categories of persons would impose costs on the state, which shares a border with Mexico and is an entry point for hundreds of thousands of immigrants every year.

“Texas suffers injuries, regardless of what it does, whether it detains, releases or paroles individuals because we have not only law enforcement costs, but social services costs and very serious threats of recidivism,” Stone said.

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‘Zenith of federal power’

Elena Kagan, one of the three liberal justices on the court, appeared skeptical about the costs argument and the potential danger of limiting federal authority.

“Immigration policy is supposed to be the zenith of federal power,” Kagan said. “And instead, we’re creating a system where a combination of states and courts can bring immigration policy to a dead halt.

“We’re going to be in a situation where every administration is confronted by suits by states that can, you know, bring a policy to a dead halt, to a dead stop, by just showing a dollars worth of costs,” Kagan said.

Conservative Justice Brett Kavanaugh asked the Texas solicitor general what would happen if the court rules in favor of Texas, whose Republican governor has been sending busloads of immigrants to Democratic-ruled states.

“If you prevail here, what will happen?” Kavanaugh said. “That’s a concern because I’m not sure much will change because they don’t have the resources to change.”

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The Biden administration’s move to target individuals considered a threat to national security or public safety for deportation represented a shift from the policy of the administration of former president Donald Trump, which called for the expulsion of “all removable aliens.”

The Biden policy was immediately challenged by several Republican-led states as being too narrow and was blocked by a court in Texas.

The Supreme Court is expected to issue its ruling by the end of June.

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International

Austrian man arrested in Croatia with deceased woman as passenger in his car

A 65-year-old Austrian citizen was arrested at a border checkpoint in Croatia after attempting to enter the country in his car with a deceased woman sitting as a passenger, police announced on Tuesday.

The man was detained in a routine check in late November in Gunja, a border area separating Bosnia from Croatia, the police told AFP. Suspicious because they saw “no consciousness or movement” from the passenger, Croatian officers called a doctor, who confirmed the death of the 83-year-old woman, also Austrian, according to her identification.

The woman’s relationship to the suspect is unknown. She had died in Bosnia, and the man intended to repatriate her body to Austria to “avoid the formalities related to transporting a corpse,” according to the police. Croatian media reported that the man was her legal guardian.

Once her death was confirmed, a funeral service took charge of the body.

 

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International

Colombian nationals arrested for human trafficking and disappearance of migrant boat

 

Colombian authorities arrested two nationals accused of the illegal trafficking of migrants to the United States and of endangering lives due to the disappearance of a boat with 40 people aboard, U.S. Department of Justice officials reported on Tuesday.

Hernando Manuel de la Cruz Rivera Orjuela, 52, and Luis Enrique Linero Pinto, 40, both Colombian citizens, were arrested on December 13 in Colombia at the request of the United States for their alleged involvement in a “transnational human trafficking operation,” the department said in a statement.

According to the charges, the detainees were transporting migrants to San Andrés Island in the Caribbean, where they would then be taken by boat to Nicaragua. The goal was to reach the United States through Central America and Mexico.

The accused are said to have advised the migrants on how to reach San Andrés Island, where they personally received them, arranged accommodations, and “took them to the boats that transported them to Nicaragua so they could enter the United States illegally,” the statement reads.

“These defendants put several migrants on the boat that disappeared off the coast of Nicaragua in 2023,” said Deputy Attorney General Nicole M. Argentieri, head of the U.S. Department of Justice’s Criminal Division, as cited in the statement.

Both men are “directly and personally responsible for the illicit trafficking of migrants on that vessel,” according to the indictment dated October 23.

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International

Homemade landmine explosion in Michoacán kills two soldiers, injures five

Two soldiers were killed and five others were injured by the explosion of homemade landmines planted by a criminal group in a mountainous area of the Mexican state of Michoacán (west), the Secretary of Defense reported on Tuesday.

The attack occurred on Monday morning in the municipality of Cotija, a border area between Michoacán and the state of Jalisco, when the military was conducting a reconnaissance mission after receiving information about an armed camp in the area, explained Secretary General Ricardo Trevilla.

“At that moment, an improvised explosive device detonated. Unfortunately, two soldiers lost their lives, and five others were injured,” the military leader detailed. The affected soldiers were airlifted to hospitals in the region by a military helicopter, while the rest of the team continued with the reconnaissance of the area.

Trevilla stated that before the explosion, the military unit had located the dismembered bodies of three people, and upon continuing the mission, they confirmed the camp was abandoned.

Asked about the individuals responsible for placing the explosives, the general suggested they could be criminals linked to the local group Cárteles Unidos, which operates in Michoacán and uses these tactics in their territorial dispute with the Jalisco New Generation Cartel, one of the most powerful criminal organizations in the country.

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