Exclusive: Immigration judges headed to 12 U.S. cities to speed deportations

A man, who was deported from the U.S. seven months ago, receives candy from his nephew across a fence separating Mexico and the United States as photographed from Tijuana, Mexico, March 4, 2017. Picture taken from the Mexican side of the border. REUTERS/Jorge Duenes/Files

By Julia Edwards Ainsley

WASHINGTON (Reuters) – The U.S. Justice Department is developing plans to temporarily reassign immigration judges from around the country to 12 cities to speed up deportations of illegal immigrants who have been charged with crimes, according to two administration officials.

How many judges will be reassigned and when they will be sent is still under review, according to the officials, but the Justice Department has begun soliciting volunteers for deployment.

The targeted cities are New York; Los Angeles; Miami; New Orleans; San Francisco; Baltimore, Bloomington, Minnesota; El Paso, Texas; Harlingen, Texas; Imperial, California; Omaha, Nebraska and Phoenix, Arizona. They were chosen because they are cities which have high populations of illegal immigrants with criminal charges, the officials said.

A spokeswoman for the Justice Department’s Executive Office of Immigration Review, which administers immigration courts, confirmed that the cities have been identified as likely recipients of reassigned immigration judges, but did not elaborate on the planning.

The plan to intensify deportations is in line with a vow made frequently by President Donald Trump on the campaign trail last year to deport more illegal immigrants involved in crime.

The Department of Homeland Security asked for the judges’ reshuffle, an unusual move given that immigration courts are administered by the Department of Justice. A Homeland Security spokeswoman declined to comment on any plan that has not yet been finalized.

Under an executive order signed by Trump in January, illegal immigrants with pending criminal cases are regarded as priorities for deportation whether they have been found guilty or not.

That is a departure from former President Barack Obama’s policy, which prioritized deportations only of those convicted of serious crimes.

The policy shift has been criticized by advocate groups who say it unfairly targets immigrants who might ultimately be acquitted and do not pose a threat.

The cities slated to receive more judges have more than half of the 18,013 pending immigration cases that involve undocumented immigrants facing or convicted of criminal charges, according to data provided by the Justice Department’s Executive Office of Immigration Review.

More than 200 of those cases involve immigrants currently incarcerated, meaning that the others have either not been convicted or have served their sentence. The Justice Department did not provide a breakdown of how many of the remainder have been convicted and how many are awaiting trial.

As part of the Trump administration crackdown on illegal immigrants, the Justice Department is also sending immigration judges to detention centers along the southwest border. Those temporary redeployments will begin Monday.

‘AIMLESS DOCKET RESHUFFLING’

Former immigration judge and chairman of the Board of Immigration Appeals Paul Schmidt said the Trump administration should not assume that all those charged with crimes would not be allowed to stay in the United States legally.

“It seems they have an assumption that everyone who has committed a crime should be removable, but that’s not necessarily true. Even people who have committed serious crimes can sometimes get asylum,” Schmidt said.

He also questioned the effectiveness of shuffling immigration judges from one court to another, noting that this will mean cases the judges would have handled in their usual courts will have to be rescheduled. He said that when he was temporarily reassigned to handle cases on the southern border in 2014 and 2015, cases he was slated to hear in his home court in Arlington, Virginia had to be postponed, often for more than a year.

“That’s what you call aimless docket reshuffling,” he said.

Under the Obama administration, to avoid the expense and disruption of immigration judges traveling, they would often hear proceedings from other courthouses via video conference.

The judges’ reshuffling could further logjam a national immigration court system which has more than 540,000 pending cases.

The cities slated to receive more judges have different kinds of immigrant populations.

Imperial, California, for example, is in one of the nation’s largest agriculture hubs, attracting large numbers of immigrant farmworkers from Mexico and Central America.

Bloomington, Minnesota, near St. Paul, is home to a large number of African immigrants, many of whom traveled from war-torn countries like Somalia to claim asylum in the United States.

(Reporting by Julia Edwards Ainsley; Editing by Sue Horton and Alistair Bell)

Seven Baltimore police officers arrested on racketeering charges

A protester looks on as clouds of smoke and crowd control agents rise shortly after the deadline for a city-wide curfew passed in Baltimore, Maryland April 28, 2015, as crowds protest the death of Freddie Gray, a 25-year-old black man who died in police custody. REUTERS/Shannon Stapleton

By Ian Simpson

(Reuters) – Seven Baltimore police officers were arrested on Wednesday on federal racketeering charges for robbing and extorting up to $200,000 from victims, along with stealing guns and drugs, prosecutors said.

Many of the alleged shakedowns took place while the Baltimore Police Department was under intense media scrutiny and facing a U.S. Justice Department civil rights investigation for the 2015 police-involved death of a black man that plunged the largely African-American city into turmoil.

A grand jury last week indicted six detectives and a sergeant on charges of extorting money and robbing residents, filing false court paperwork and making false overtime claims, the U.S. Attorney’s Office for Maryland said. The indictment was unsealed on Wednesday.

“These are really simply robberies by people wearing police uniforms,” U.S. Attorney Rod Rosenstein told a news conference.

The officers, all members in 2015 and 2016 of a gun-crime investigation unit, stole firearms, drugs and cash ranging from $200 to $200,000 from victims, some of whom had not committed crimes, Rosenstein’s office said in a statement.

The investigation began about a year ago as an outgrowth of a federal Drug Enforcement Administration probe into a drug-trafficking ring, Rosenstein said. One of the officers also faces a charge of possessing and planning to distribute heroin.

The officers had initial appearances on Wednesday in a U.S. court in Baltimore and were ordered held pending detention hearings, a spokeswoman for Rosenstein said.

In a statement, Police Commissioner Kevin Davis said: “Reform isn’t always a pretty thing to watch unfold, but it’s necessary in our journey toward a police department our City deserves.”

The head of the Baltimore City Fraternal Order of Police union, Gene Ryan, said in a statement he was “very disturbed” over the charges, but declined further comment until the cases were resolved.

All the officers are charged with racketeering conspiracy for robberies and extortion while part of the gun-crime unit. Five of the seven are charged with racketeering for shakedowns before they joined the task force.

They face a maximum of 20 years in prison for each count.

Baltimore was torn by rioting in April 2015 after a black man, Freddie Gray, died from an injury suffered in police custody. Six officers were indicted, but none were convicted.

Baltimore and the Justice Department reached agreement last month on a consent decree that calls for police reforms. The decree is awaiting approval by a federal judge.

(Reporting by Ian Simpson in Washington; Editing by Peter Cooney)

Trump national security aide Flynn resigns over Russian contacts

National Security adviser Michael Flynn

By Steve Holland and John Walcott

WASHINGTON (Reuters) – President Donald Trump’s national security adviser, Michael Flynn, resigned late on Monday after revelations that he had discussed U.S. sanctions on Russia with the Russian ambassador to the United States before Trump took office and misled Vice President Mike Pence about the conversations.

Flynn’s resignation came hours after it was reported that the Justice Department had warned the White House weeks ago that Flynn could be vulnerable to blackmail for contacts with Russian ambassador Sergey Kislyak before Trump took power on Jan. 20.

Flynn’s departure was a sobering development in Trump’s young presidency, a 24-day period during which his White House has been repeatedly distracted by miscues and internal dramas.

The departure could slow Trump’s bid to warm up relations with Russian President Vladimir Putin.

Flynn submitted his resignation hours after Trump, through a spokesman, pointedly declined to publicly back Flynn, saying he was reviewing the situation and talking to Pence.

Flynn had promised Pence he had not discussed U.S. sanctions with the Russians, but transcripts of intercepted communications, described by U.S. officials, showed that the subject had come up in conversations between him and the Russian ambassador.

Such contacts could potentially be in violation of a law banning private citizens from engaging in foreign policy, known as the Logan Act.

Pence had defended Flynn in television interviews and was described by administration officials as upset about being misled.

“Unfortunately, because of the fast pace of events, I inadvertently briefed the vice president-elect and others with incomplete information regarding my phone calls with the Russian ambassador. I have sincerely apologized to the president and the vice president, and they have accepted my apology,” Flynn said in his resignation letter.

Retired General Keith Kellogg, who has been chief of staff of the White House National Security Council, was named the acting national security adviser while Trump determines who should fill the position.

Kellogg, retired General David Petraeus, a former CIA director, and Robert Harward, a former deputy commander of U.S. Central Command, are under consideration for the position, a White House official said. Harward was described by officials as the leading candidate.

A U.S. official confirmed a Washington Post report that Sally Yates, the then-acting U.S. attorney general, told the White House late last month that she believed Flynn had misled them about the nature of his communications with the Russian ambassador.

She said Flynn might have put himself in a compromising position, possibly leaving himself vulnerable to blackmail, the official said. Yates was later fired for opposing Trump’s temporary entry ban for people from seven mostly Muslim nations.

CHANGE LESS LIKELY?

A U.S. official, describing the intercepted communications, said Flynn did not make any promises about lifting the sanctions.

But he did indicate that sanctions imposed by President Barack Obama on Russia for its Ukraine incursion “would not necessarily carry over to an administration seeking to improve relations between the U.S. and Russia,” the official said.

Flynn, a retired U.S. Army lieutenant general, was an early supporter of Trump and shares his interest in shaking up the establishment in Washington. He frequently raised eyebrows among Washington’s foreign policy establishment for trying to persuade Trump to warm up U.S. relations with Russia.

A U.S. official said Flynn’s departure, coupled with Russia’s aggression in Ukraine and Syria and Republican congressional opposition to removing sanctions on Russia, removes Trump’s most ardent advocate of taking a softer line toward Putin.

Flynn’s leaving “may make a significant course change less likely, at least any time soon,” the official said.

Another official said Flynn’s departure may strengthen the hands of some cabinet secretaries, including Defense Secretary Jim Mattis and Secretary of State Rex Tillerson.

However, the second official said, Flynn’s exit could also reinforce the power of presidential aides Steve Bannon and Stephen Miller, whom he described as already having the president’s ear.

Congressional Democrats expressed alarm at the developments surrounding Flynn and called for a classified briefing by administration officials to explain what had happened.

“We are communicating this request to the Department of Justice and FBI this evening,” said Democratic representatives John Conyers of Michigan and Elijah Cummings of Maryland.

U.S. Representative Adam Schiff of California, ranking Democrat on the House Permanent Select Committee on Intelligence, said Flynn’s departure does not end the questions over his contacts with the Russians.

“The Trump administration has yet to be forthcoming about who was aware of Flynn’s conversations with the ambassador and whether he was acting on the instructions of the president or any other officials, or with their knowledge,” Schiff said.

The committee’s chairman, Republican Devin Nunes, thanked Flynn for his service.

“Washington D.C. can be a rough town for honorable people, and Flynn — who has always been a soldier, not a politician —deserves America’s gratitude and respect,” he said.

(Additional reporting by Emily Stephenson; Editing by Peter Cooney, Robert Birsel)

Appeals court to hear arguments on Trump’s travel ban

Donald Trump speaking to U.S. Central Command

By Dan Levine and Timothy Gardner

SAN FRANCISCO/WASHINGTON (Reuters) – The U.S. Justice Department will face off with opponents in a federal appeals court on Tuesday over the fate of President Donald Trump’s temporary travel ban on people from seven Muslim-majority countries, his most controversial act since taking office last month.

Last Friday, U.S. District Judge James Robart suspended Trump’s ban, opening a window for people from the seven affected countries to enter the country.

The 9th U.S. Circuit Court of Appeals in San Francisco will hear arguments over whether to restore the ban from Justice Department lawyers and opposing attorneys for the states of Minnesota and Washington at 3 p.m. PST (6.00 p.m. ET).

In a tweet on Monday night, Trump said: “The threat from radical Islamic terrorism is very real, just look at what is happening in Europe and the Middle-East. Courts must act fast!”

Trump has said the travel measures are designed to protect the country against the threat of terrorism. He has derided Robart, appointed by Republican President George W. Bush, as a “so-called judge.”

In a brief filed on Monday, the Justice Department said the suspension of Trump’s order was too broad and “at most” should be limited to people who were already granted entry to the country and were temporarily abroad, or to those who want to leave and return to the United States.

Opponents say the 90-day ban barring entry for citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen and imposing a 120-day halt to all refugees, is illegal. The state of Washington argues it has suffered harm, saying some students and faculty at state universities had been stranded overseas because of the ban.

The Republican president’s Jan. 27 executive order sparked protests and chaos at U.S. and overseas airports in the weekend that followed.

All the people who had carried out fatal attacks inspired by Islamist militancy in the United States since the Sept. 11, 2001, attacks had been U.S. citizens or legal residents, the New America think tank said. None came to the United States or were from a family that emigrated from one of the countries listed in the travel ban, it said. (http://bit.ly/2keSmUO)

UPHILL FIGHT?

Trump faces an uphill battle in the liberal-leaning San Francisco court. Two members of three-judge panel that will hear the arguments were appointed by former Democratic Presidents Jimmy Carter and Barack Obama, and one was appointed by Bush.

Appeals courts are generally leery of upending the status quo, which in this case is the lower court’s suspension of the ban.

Opponents of the ban received far more filings in support of their position than the Department of Justice. Washington state’s challenge was backed by about a dozen friends-of-the- court briefs submitted by at least 17 state attorneys general, more than 100 companies, and about a dozen labor and civil rights groups. About a dozen conservative groups supported the government in three such briefs.

The appeals court was focusing on the narrow question of whether the district court had grounds to put the order on hold. The bigger legal fight over whether Trump had authority to issue the order will be addressed later in the litigation.

(Additional reporting by Peter Henderson in San Francisco)

Thirteen U.S. States ask court to halt transgender bathroom policy

A sign protesting a recent North Carolina law restricting transgender bathroom access is seen in the bathroom stalls at the 21C Museum Hotel in Durham, North Carolina

By Julia Harte

WASHINGTON (Reuters) – Thirteen states that have sued the Obama administration over its policy on transgender access to bathrooms asked a federal court in Texas on Wednesday to prevent the administration from enforcing the policy while their lawsuit proceeds.

Texas Attorney General Ken Paxton filed the motion in U.S. District Court for the Northern District of Texas on behalf of the state coalition.

“Schools are facing the potential loss of funding for simply exercising the authority to implement the policies that best protect their students,” Paxton said in a statement on Wednesday.

The 13-state coalition’s lawsuit is one of several state-based challenges to the federal government’s May directive that public schools must allow transgender students to use bathrooms that correspond with their gender identity or face the loss of federal funding.

The issue has thrown transgender rights into the national spotlight and enraged social conservatives who say federal civil rights protections encompass biological sex, not gender identity.

A Justice Department official told the states’ lawyers that the department opposed the motion, but agreed to respond to it faster than usual so that the matter could be resolved before the start of the 2016-17 school year, according to the injunction motion.

The Justice Department declined to comment, “due to pending litigation.” It must respond to the injunction request by July 27, according to the motion.

The lawsuit is expected to be heard by conservative judges at the district and appeals court levels, and could end up heading to the U.S. Supreme Court if the appeals court rules against the Obama administration.

The Justice Department is also battling North Carolina in federal court over a North Carolina state law approved in March that prohibits people from using public restrooms not corresponding to the sex on their birth certificates.

The Justice Department asked the court in that case to enjoin the North Carolina law late on Tuesday.

In June, a Virginia school board announced that it would seek Supreme Court review of a court ruling that gave a transgender high-school student access to the bathroom of his gender identity.

(Reporting by Julia Harte; Editing by Leslie Adler)

U.S. completes ‘takedown’ of Medicare fraud: officials

Attorney General Loretta E. Lynch

By Sarah N. Lynch

WASHINGTON (Reuters) – U.S. law enforcement officials have charged 301 suspects with trying to defraud Medicare and other federal insurance programs in 2016, marking the “largest takedown” involving health care fraud allegations, the Justice Department said on Wednesday.

The national sweep resulted in charges against doctors, nurses, pharmacists and physical therapists accused of fraud that cost the government $900 million, the department said.

The cases involved an array of charges, including conspiracy to commit health care fraud, money laundering and violations of an anti-kickback law.

This year’s sweep exceeded last year’s record in which 243 defendants faced charges in a combined $712 million in government losses. Officials said it was the largest takedown in the nine-year history of the Medicare Fraud Strike Force, a joint initiative between federal, state and local law enforcement.

Attorney General Loretta Lynch said some of the cases reflect new, troublesome trends, including instances of identity theft in order to prepare fake prescriptions and a growing number of cases involving compounding, or the mixing of medications tailored to meet a patient’s needs.

Compounded medications are typically very expensive. From 2012 to 2014, the quarterly Medicare spending on these prescriptions skyrocketed from $28 million to $171 million.

“As this takedown should make clear, health care fraud is not an abstract violation or benign offense,” Lynch said. “It is a serious crime.”

In one case, two owners of a group of outpatient clinics and a patient recruiter stand accused of filing $36 million in fraudulent claims for physical therapy and other services that were not medically necessary.

The Justice Department said that to find patients, the clinic operators and the recruiter targeted poor drug addicts and offered them narcotics so they could bill them for services that were never provided.

Another case was filed against the operator of a marketing business that received referral fees from pharmacies that filled and billed Tricare, the U.S. military’s government insurance program, for compounded medicines.

The prescriptions were submitted via “telemedicine” sites, and doctors were given blank prescription forms to fill out, regardless of medical necessity, according to the complaint.

One doctor told the FBI her identity and medical credentials were used without her permission to fill thousands of dollars worth of prescriptions.

drcolbert.monthly

U.S. arrests Indiana man it says planned to join Islamic State

WASHINGTON (Reuters) – An 18-year-old man who authorities said planned to fly to Morocco and travel to Islamic State-controlled territory to join the group was arrested in Indiana on Tuesday, the U.S. Justice Department said.

FBI agents arrested Akram Musleh, of Brownsburg, Indiana, as he was attempting to board a bus from Indianapolis to New York, from where he planned to fly to Morocco, the department said in a statement.

“The criminal complaint alleges that he planned to provide personnel (himself) to ISIL,” the statement added, referring to the militant Islamist group.

If convicted, Musleh faces a maximum sentence of 20 years in prison, a lifetime of supervised release and a $250,000 fine, the statement said.

(Reprting by Mohammad Zargham; Editing by Dan Grebler and Peter Cooney)

Exclusive: Justice Department opposes new Obama proposal on Guantanamo

Guantanamo Bay

By Charles Levinson

NEW YORK (Reuters) – President Barack Obama is again facing dissent from within his administration – this time from Attorney General Loretta Lynch – over his plans to shutter the Guantanamo Bay military prison, according to senior administration officials.

Lynch, a former federal prosecutor whom Obama appointed to head the Justice Department two years ago, is opposing a White House-backed proposal that would allow Guantanamo Bay prisoners to plead guilty to terrorism charges in federal court by videoconference, the officials said.

Over the past three months, Lynch has twice intervened to block administration proposals on the issue, objecting that they would violate longstanding rules of criminal-justice procedure.

In the first case, her last-minute opposition derailed a White House-initiated legislative proposal to allow video guilty pleas after nearly two months of interagency negotiations and law drafting. In the second case, Lynch blocked the administration from publicly supporting a Senate proposal to legalize video guilty pleas.

“It’s been a fierce interagency tussle,” said a senior Obama administration official, who supports the proposal and asked not to be identified.

White House officials confirmed that President Obama supports the proposal. But the president declined to overrule objections from Lynch, the administration’s top law-enforcement official.

“There were some frustrations,” said a White House official who spoke on condition of anonymity. “The top lawyer in the land has weighed in, and that was the DOJ’s purview to do that.”

If enacted into law, the Obama-backed plan would allow detained terrorism suspects who plead guilty to serve their sentences in a third-country prison, without setting foot on U.S. soil. The plan would thus sidestep a Congressional ban on transferring detainees to the United States, which has left dozens of prisoners in long-term judicial limbo in Guantanamo, the American military enclave in Cuba.

Obama has vowed to close the prison on his watch. But while he has overseen the release of some 160 men from the prison, the facility still holds 80 detainees.

The video plea plan has broad backing within the administration, including from senior State Department and Pentagon officials. A Defense Department spokesman declined to comment.

The most enthusiastic backers of the plan have been defense lawyers representing up to a dozen Guantanamo Bay detainees who are eager to extricate their clients from seemingly indefinite detention.

Republicans in Congress have opposed the president’s plans to empty the prison, on the grounds that many of the detainees are highly dangerous. But there is some bipartisan support for the proposal as well, a rarity in the Guantanamo debate.

Kevin Bishop, a spokesman for Senator Lindsey Graham, a leading Republican voice on defense and national security issues, said Graham was “intrigued” by the proposal.

While support from a Republican senator would by no means guarantee the votes needed to pass, it does give the proposal a better chance than schemes that would transfer detainees from the Cuban enclave to the United States.

Obama views the video feed proposal as a meaningful step toward closing the facility and making good on one of his earliest pledges as president, administration officials said.

Of the 80 prisoners remaining in Guantanamo, roughly 30 have been approved for transfer to third countries by an interagency review board. Most of those 30 men are expected to be released from Guantanamo in coming weeks, according to administration officials.

The officials said they think that as many as 10 more prisoners could be added to the approved-for-transfer list by the review board. Finally, another 10 detainees are standing trial in military commissions.

That leaves roughly 30 detainees whom the government deems too dangerous to release but unlikely to be successfully prosecuted in court. As a result, those men would likely have to be transferred to detention in the United States if the prison were closed.

Administration officials say that allowing video feeds could reduce that number to somewhere between 10 and 20. The administration believes that with such a small number of prisoners requiring transfer to the United States, it would be easier to win support for closing the facility, which is run by a staff of 2,000 military personnel.

“This is the group that gives the president the most heartburn,” said the senior administration official.

Lynch and her deputies at the Justice Department argued that the laws of criminal procedure do not allow defendants to plead guilty remotely by videoconference.

Even if Congress were to pass the law, Lynch and her aides have told the White House that federal judges may rule that such pleas are in effect involuntary, because Guantanamo detainees would not have the option of standing trial in a U.S. courtroom.

A defendant in federal court usually has the option to plead guilty or face a trial by jury. In the case of Guantanamo detainees, the only option they would likely face is to plead guilty or remain in indefinite detention.

“How would a judge assure himself that the plea is truly voluntary when if the plea is not entered, the alternative is you’re still in Gitmo?” said a person familiar with Lynch’s concerns about the proposal. “That’s the wrinkle.”

Lawyers for Guantanamo detainee Majid Khan, a 36-year-old Pakistani citizen, first proposed allowing Khan to plead guilty by videoconference in a legal memo submitted to the Department of Justice in November. In 2012, Khan confessed in military court to delivering $50,000 to Qaeda operatives who used it to carry out a truck bombing in Indonesia, and to plotting with Khalid Shaikh Mohammed, the mastermind of the Sept. 11 attacks, on various planned strikes.

Senate investigators found internal CIA documents confirming that Khan’s CIA interrogators subjected him to forced rectal feedings. Khan’s lawyers say the experience amounted to rape. He was also water-boarded.

That treatment makes it difficult for the Department of Justice to successfully prosecute Khan in federal court, according to administration officials.

When White House officials learned that Khan and other detainees were ready to plead guilty to terrorism charges in federal court, they thought they had found a solution.

Efforts to try detainees, including Mohammed and other Sept. 11 suspects, in military tribunals at Guantanamo have bogged down over legal disputes. Only eight defendants have been fully prosecuted. Three verdicts have been overturned.

“The beauty of a guilty plea is you don’t need a trial,” said the senior administration official who supports the video plea proposal.

In February, senior Obama aides proposed pushing ahead with video guilty pleas at an interagency meeting at the White House on the closure of Guantanamo, according to officials briefed on the meeting.

Justice Department officials said they opposed video guilty pleas. Matthew Axelrod, the chief of staff to Deputy Attorney General Sally Yates, said the proposal would violate laws of criminal procedure, according to the officials.

The meeting ended with an agreement to pursue new legislation allowing the guilty pleas, the officials said, which the Department of Justice supported.

One week later, President Obama rolled out his plan to close the prison in a nationally televised announcement from the Roosevelt Room. Obama’s plan included seeking “legislative changes … that might enable detainees who are interested in pleading guilty” in U.S. federal courts.

Administration officials spent much of the next two months drafting the new law. On a Friday afternoon in mid-April, White House staff emailed all the involved agencies with a final draft of the bill, according to the officials. The bill would be submitted to Congress the following Monday, the White House email said.

That weekend, Lynch intervened unexpectedly and said the Justice Department opposed the bill. The eleventh-hour move frustrated White House staff. Deciding again to not overrule Lynch, the White House shelved the bill.

In late May, White House officials found a sympathetic lawmaker who inserted language authorizing video pleas into the annual defense spending bill. The White House drafted a policy memo publicly supporting the proposal, which is known as a Statement of Administration Policy, or SAP.

Lynch opposed the idea, according to administration officials, sparking renewed tensions between the Justice Department and White House.

A SAP is the president’s public declaration on the substance of a bill, according to Samuel Kernell, a political science professor at the University of California at San Diego. Without one, it’s often more difficult to get lawmakers on the fence to vote the way the White House wants.

The White House again bowed to Lynch’s objections and declined to issue the SAP.

(Additional reporting By David Rohde. Editing by Michael Williams)

Supreme Court agrees to hear immigrant detention dispute

Supreme Court building

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday agreed to decide whether immigrants detained for more than six months by the U.S. government while deportation proceedings take place are eligible for a hearing in which they can argue for their release.

The decision by the justices to hear a case focusing on the rights of people flagged for deportation comes during a presidential election campaign in which immigration has been a hot topic.

The court agreed to hear an Obama administration appeal of an October 2015 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals that upheld a lower-court injunction requiring a hearing after six months of detention.

The long-running class action litigation brought by the American Civil Liberties Union includes some immigrants who were held at the border when seeking illegal entry into the United States and others, including legal permanent residents, who have been convicted of crimes.

If the immigrants were granted a bond hearing, the government would have to show they are flight risks or a danger to the community in order for the detention to continue.

The Justice Department said in court papers that the appeals court decision was “fundamentally wrong” because it dramatically expanded the number of people eligible for hearings and set a high bar for the government to argue that a detainee should not be released.

The ACLU responded in its court papers that the government had exaggerated the impact of the court injunction, which has been in place since 2012 and applies only to immigrants in the Los Angeles area.

Since it has been in effect, there has been “no evidence of adverse effects on immigration enforcement,” the ACLU lawyers said.

The court will hear oral arguments and decide the case during its next term, which starts in October and ends in June 2017.

In one of the biggest cases of its current term, the Supreme Court is due to decide by the end of the month whether to reinstate President Barack Obama’s 2014 executive action to shield millions of immigrants in the country illegally from deportation. The plan was blocked by lower courts.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

FBI Unlocking Method Won’t Work on Newer Phones

The Apple logo is pictured at its flagship retail store in San Francisco

Reuters) – The Federal Bureau of Investigation’s secret method for unlocking the iPhone 5c used by one of the San Bernardino shooters will not work on newer models, FBI Director James Comey said.

“We have a tool that works on a narrow slice of phones,” Comey said at a conference on encryption and surveillance at Kenyon University in Ohio late on Wednesday.

Apple’s shares were down 1.3 percent at midday.

Comey added that the technique would not work on the iPhone 5s and the later models iPhone 6 and 6s. The iPhone 5c model was introduced in 2013 and has since been discontinued by Apple as newer models have become available.

The Justice Department said in March it had unlocked the San Bernardino shooter’s iPhone with the help of an unidentified third party and dropped its case against Apple Inc, ending a high-stakes legal clash but leaving the broader fight over encryption unresolved.

As the technique cannot be used to break into newer models, law enforcement authorities will likely have to lean on Apple to help them access the devices involved in other cases.

The Justice Department has asked a New York court to force Apple to unlock an iPhone 5s related to a drug investigation. Prosecutors in that case said they would update the court by April 11 on whether it would “modify” its request for Apple’s assistance.

If the government continues to pursue that case, the technology company could potentially use legal discovery to force the FBI to reveal what technique it used, a source familiar with the situation told Reuters.

Apple and the FBI were not immediately available for comment.

The FBI began briefing select U.S. senators this week about the method used to unlock the San Bernardino iPhone.

Up to Wednesday’s close of $110.96, Apple’s shares had risen more than 5 percent this year.

(Reporting by Narottam Medhora in Bengaluru and Dustin Volz in Washington; Editing by Saumyadeb Chakrabarty)