Pentagon appears poised to extend Mexico border deployment

FILE PHOTO: U.S. Marines deploy concertina wire at the U.S. Mexico border in preparation for the arrival of a caravan of migrants at the San Ysidro border crossing in San Diego, California, U.S. November 15, 2018. REUTERS/Mike Blake

By Phil Stewart

WASHINGTON (Reuters) – The Pentagon received a request on Friday from the Trump administration to extend its deployment of troops to the U.S. border with Mexico beyond a Dec. 15 authorization date to the end of January, officials said.

Defense Secretary Jim Mattis, who is expected to sign off on the extension of the mission, strongly hinted earlier this week that such a request by the U.S. Department of Homeland Security was in the works.

President Donald Trump ordered the deployment shortly before November congressional elections as a part of an effort to crack down on illegal immigration, as waves of thousands of migrants escaping violence in Central America trekked toward the United States.

Border security is a major issue among voters in Trump’s Republican Party.

Critics, including opposition Democrats in Congress but also some U.S. military veterans, have derided the troop deployment as a political stunt. Democrats have threatened to investigate the deployment once they take control in the House of Representatives next year.

The Department of Homeland Security, in a statement, cited the “the very real threat we face at the border from potential mass migration actions” when it confirmed the extension of the mission, which had been reported earlier on Friday by Reuters.

“The president has made it clear that border security is a top administration priority,” DHS spokeswoman Katie Waldman said in a statement.

This request refines support to ensure it remains aligned with the current situation, the nature of the mission, and Customs and Border Patrol operational requirements.

About 5,600 troops have been deployed to the border, but many of them have been involved in efforts to improve security around border crossings, including stringing up concertina wire. Many of those troops could be sent home. Remaining troops could focus on other missions, including helping fly U.S. border personnel to new positions along the border.

Still, officials caution that it’s unclear how far troop levels will decline. One U.S. official, speaking on condition of anonymity, said troop levels were not expected to decline dramatically.

Neither the Pentagon nor the DHS speculated about troop levels on Friday.

The Trump administration has justified the high-profile border mission on a perceived threat to the border, as thousands of migrants, mostly migrants from Honduras, flooded into the city of Tijuana across the border from San Diego, California, over the past several weeks.

U.S. customs and border control officers fired tear gas canisters into Mexico at dozens of migrants who tried to rush border fencing on Sunday.

Under the harsh immigration policies introduced by the Trump administration, U.S. border officials say the migrants may have to stay put in Mexico for months before they can petition authorities for asylum.

(Reporting by Phil Stewart; additional reporting by Yeganeh Torbati, editing by Jonathan Oatis)

U.S. reaches agreement over separated immigrant families

FILE PHOTO - Tents are seen at a tent encampment behind a border fence near the U.S. Customs and Border Protection (CBP) port of entry in Tornillo, Texas, U.S. September 12, 2018. REUTERS/Jose Luis Gonzalez

WASHINGTON (Reuters) – The Trump administration has reached a settlement stemming from the separation of immigrant children from their parents at the U.S. border that lets some 1,000 people affected by the policy apply again for U.S. asylum after previously being turned down.

The settlement, detailed in court documents late on Wednesday, represented a victory for rights groups that challenged President Donald Trump’s contentious “zero tolerance” policy toward illegal immigrants entering the United States.

The settlement, which still needs a judge’s approval, gives parents and children of immigrants a second chance to apply for asylum after U.S. authorities previously rejected their claims that they faced “credible fear of persecution or torture” if sent back to their home countries.

While about 2,500 children and parents were affected by the family separation that Trump later abandoned, more than 1,000 people will be eligible to apply again for asylum under the settlement, according to Muslim Advocates, one of the rights groups that sued the administration.

Under the plan, the administration said that while it did not plan to return any of the hundreds of parents who have already been deported, it would consider individual cases in which that may be warranted.

Trump’s “zero-tolerance” immigration policy was aimed at discouraging illegal immigration, but the family separations and the detention of thousands of children, mostly from Guatemala, Honduras and El Salvador, prompted widespread condemnation. Trump ended the practice of family separations in June.

The settlement arose from three lawsuits brought by the American Civil Liberties Union, Muslim Advocates and the Hogan Lovells law firm, among others.

One lawsuit alleged that parents were suffering extreme trauma from the forced separation of their children and therefore failed “credible fear” interviews, which were their only opportunity to avoid expedited removal from the United States.

Under the settlement, these parents will now be able to submit additional evidence and testimony to make their case.

Sirine Shebaya, an attorney for Muslim Advocates, called the agreement a significant victory for the parents. “They will finally have a real chance to be heard and to secure safety and stability for themselves and their families,” Shebaya said.

In May, Trump had sought to prosecute all adults crossing the border without authorization, including those traveling with children, but ended the family separations the next month.

Immigrants who choose not to agree to the settlement would be “promptly removed to their country of origin,” according to the agreement put before U.S. District Judge Dana Sabraw in San Diego.

On Wednesday, the New York Times reported that the overall number of detained migrant children reached a total of 12,800 this month, citing data from members of Congress. Most of those children crossed the border alone, without their parents, the Times reported.

(Reporting by Susan Heavey; Editing by Jeffrey Benkoe and Will Dunham)

Supreme Court restricts deportations of immigrant felons

FILE PHOTO: Police officers stand in front of the U.S. Supreme Court in Washington, DC, U.S., January 19, 2018. REUTERS/Eric Thayer/File Photo

By Andrew Chung

WASHINGTON – The U.S. Supreme Court ruled on Tuesday that an immigration statute requiring the deportation of noncitizens who commit felonies is unlawfully vague in a decision that could limit the Trump administration’s ability to step up the removal of immigrants with criminal records.

The court, in a 5-4 ruling in which President Donald Trump’s conservative appointee Neil Gorsuch joined the court’s four liberal justices, sided with convicted California burglar James Garcia Dimaya, a legal immigrant from the Philippines.

The court upheld a 2015 lower court ruling that the Immigration and Nationality Act provision requiring Dimaya’s deportation created uncertainty over which crimes may be considered violent, risking arbitrary enforcement in violation of the U.S. Constitution.

The ruling helps clarify the criminal acts for which legal immigrants may be expelled at a time of intense focus on immigration issues in the United States as Trump seeks to increase deportations of immigrants who have committed crimes.

Liberal Justice Elena Kagan wrote the court’s ruling, delivering a setback to the Trump administration, which had defended the law at issue.

“Vague laws invite arbitrary power,” Gorsuch wrote in a concurring opinion, adding that the American colonies in the 18th century cited vague English law like the crime of treason as among the reasons for the American revolution.

“Today’s vague laws may not be as invidious, but they can invite the exercise of arbitrary power all the same – by leaving the people in the dark about what the law demands and allowing prosecutors and courts to make it up,” Gorsuch added.

Dimaya came to the United States from the Philippines as a legal permanent resident in 1992 at age 13. He lived in the San Francisco Bay area.

Federal authorities ordered Dimaya deported after he was convicted in two California home burglaries, in 2007 and 2009, though neither crime involved violence. He received a two-year prison sentence for each conviction.

In 2010, the government sought to deport Dimaya. The Justice Department’s Board of Immigration Appeals, an administrative body that applies immigration laws, refused to cancel his expulsion because the relevant law defined burglary as a “crime of violence.”

In the federal criminal code, a “crime of violence” includes offenses in which force either was used or carried a “substantial risk” that it would be used.

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled in 2015 that the definition as applied to legal immigrants was so vague that it violated their rights to due process of law under the U.S. Constitution. The language of the law could lead arbitrary or discriminatory enforcement, that court said.

The appeals court relied on a decision that same year by the U.S. Supreme Court, which found that a similar provision in a federal criminal sentencing law was overly broad.

The federal government appealed to the Supreme Court, arguing that the U.S. Congress had reasonably identified a category of crimes that carry the risk of violence, and suggested that the justices should defer to the immigration authorities.

The Supreme Court heard arguments in the case on Oct. 2, the first day of its current nine-month term. It initially heard arguments in January 2017 when the nine-seat court was one justice short, but decided in June after Gorsuch brought the court to full strength to have the case re-argued.

(Reporting by Andrew Chung; Editing by Will Dunham)

States sue U.S. over the census, fight against reporting if citizen

FILE PHOTO: An attendee holds her new country's flag and her naturalization papers as she is sworn in during a U.S. citizenship ceremony in Los Angeles, U.S., July 18, 2017. REUTERS/Mike Blake/File Photo

NEW YORK (Reuters) – A group of U.S. states on Tuesday filed a lawsuit to stop the Trump Administration from asking people filling out their 2020 census forms whether they are citizens.

The lawsuit was filed in Manhattan federal court, and challenged the U.S. Department of Commerce’s alleged “unconstitutional and arbitrary decision” to add the citizenship question.

All U.S. residents are required under the U.S. Constitution to be counted every 10 years. The results are used to draw political boundaries, and allocate hundreds of billions of dollars of funding.

(Reporting by Jonathan Stempel in New York; Editing by Chizu Nomiyama)

Senate faces showdown over immigration and ‘Dreamers’

Demonstrators calling for new protections for so-called "Dreamers," undocumented children brought to the U.S. by their immigrant parents, walk through a senate office building on Capitol Hill in Washington, U.S. January 17, 2018. REUTERS/Jonathan Ernst

By Susan Heavey and Richard Cowan

WASHINGTON (Reuters) – The Trump administration remained insistent on hardline immigration measures on Thursday as the U.S. Senate prepared to vote on various legislative proposals to protect young “Dreamer” immigrants and to tighten border security.

In a statement overnight, the Department of Homeland Security dismissed what some thought was the bill most likely to win enough bipartisan support to pass the chamber, saying it failed to meet minimum criteria set out by President Donald Trump.

The plan, crafted by a bipartisan group of senators led by moderate Republican Susan Collins, would protect from deportation 1.8 million young adults who were brought to the United States illegally as children and who are known as Dreamers.

It also includes a $25 billion fund to strengthen border security and possibly even construct segments of Trump’s long-promised border wall with Mexico.

The immigration issue has become a matter of urgency for lawmakers after Trump in September ordered an Obama-era program that protected Dreamers to end by March 5, telling Congress it should come up with a solution by then.

The Department of Homeland Security blasted the Collins-led plan, saying it destroyed the ability of DHS officers to remove millions of undocumented immigrants from the country, and “is an egregious violation of the four compromise pillars laid out by the President’s immigration reform framework.”

Trump’s four provisions are for any bill to include funds to build the border wall, to end the visa lottery program, to impose curbs on visas for the families of legal immigrants, and to protect Dreamers.

The Republican president has backed a bill by Republican Senator Chuck Grassley that embraces Trump’s wish list but is unlikely to win support from enough Democrats in the closely-divided chamber.

A narrower third bill, by Republican John McCain and Democrat Chris Coons, has been dismissed by Trump.

Senate Majority Leader Mitch McConnell was expected to bring forward all three measures on Thursday to gauge which has enough support to move toward a vote in the Senate ahead of a Friday deadline he has imposed for the legislation.

Despite backing from several Republicans for the Collins-led plan, it was unclear if enough Democrats would get behind it to muster the 60 votes needed in the 100-member Senate that Republicans control 51-49.

Democratic U.S. Senator Tim Kaine told MSNBC on Thursday he thought lawmakers were “very close” to the 60 votes needed on the Collins-led measure. Republican Senator Marco Rubio told Fox News he was unsure whether any Senate plan would move forward.

Even if one of three bills passes, it must still win over the U.S. House of Representatives, where Republicans hold a larger majority and are pushing a more conservative proposal that is closer in line with Trump’s framework.

U.S. House Speaker Paul Ryan has said he will support only legislation backed by Trump, who has carried his tough law-and-order stance toward immigrants from his 2016 campaign into his administration.

(Additional reporting by Makini Brice; Editing by Frances Kerry)

Meadows says White House could give more time for ‘Dreamer’ fix

Protesters calling for an immigration bill addressing the so-called Dreamers, young adults who were brought to the United States as children, walk through the Hart Office Building on Capitol Hill in Washington, U.S., January 16, 2018.

WHITE SULPHUR SPRINGS, W.Va (Reuters) – An immigration deal protecting young “Dreamer” immigrants and allocating additional funds for border security without also addressing family migration and the visa lottery would be a “non starter,” Republican Mark Meadows, head of the conservative Freedom Caucus in the U.S. House of Representatives, said on Thursday.

Meadows said that President Donald Trump could extend the deadline to address the expiring Deferred Action for Childhood Arrivals program past March 5 in order for Congress to work out a broader deal.

“Listen, we are not going to do a few billion dollars for border security and have the same problem a decade from now, two decades from now,” Meadows told reporters. “If we’re going to solve the problem, let’s solve the problem.”

(Reporting by Amanda Becker)

Disregarding FBI, White House to release Republican memo: official

The main headquarters of the FBI, the J. Edgar Hoover Building, is seen in Washington on March 4, 2012.

By Steve Holland and Warren Strobel

WASHINGTON (Reuters) – A secret Republican memo alleging FBI bias against President Donald Trump likely will be released on Thursday, a Trump administration official said, a move that would put the White House in direct confrontation with the top U.S. law enforcement agency.

The Federal Bureau of Investigation issued a rare rebuke on Wednesday to the president and his fellow Republicans in Congress who are pushing to release the four-page document crafted by Republican members of the House of Representatives Intelligence Committee.

“The FBI was provided a limited opportunity to review this memo the day before the committee voted to release it,” the FBI said in a statement. “As expressed during our initial review, we have grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.”

Justice Department officials have also said releasing the memo could jeopardize classified information.

The administration official, who spoke on condition of anonymity on Wednesday night, did not elaborate on the expected release.

The fight over the memo reflects a wider battle over Special Counsel Robert Mueller’s criminal probe into potential collusion between the Trump campaign and Russia to help him win the 2016 presidential election. Russia and Trump have both denied the allegations. Mueller’s investigation and the FBI probe that preceded it have hung over Trump’s year-old presidency.

Democrats say the four-page memo is misleading, based on a selective use of highly classified data and intended to discredit Mueller’s investigation.

Representative Devin Nunes, the intelligence committee’s Republican chairman who commissioned the document, dismissed the objections to its release as “spurious.”

In a bid to block its release, Representative Adam Schiff, the intelligence committee’s top Democrat, said late on Wednesday he had discovered that Nunes had sent the White House a version of the memo that was “materially altered” and not what the committee voted to release on Monday. It was not clear if the panel’s Republicans would hold a new vote on the altered document.

The memo accuses the FBI and Justice Department of misleading a Foreign Intelligence Surveillance Court judge in March as they sought to extend an eavesdropping warrant against Trump campaign adviser Carter Page, four sources familiar with it have said.

They said memo contends that the FBI and Justice Department failed to tell the judge that some of the information used to justify the warrant included portions of a dossier of Trump-Russia contacts that was opposition research paid for by Democrats.

However, the sources said the memo does not mention that the request to extend surveillance on Page, which began before Trump took office, also relied on other highly classified information and that U.S. agencies had confirmed excerpts from the dossier included in the request.

U.S. intelligence agencies have concluded that Russia interfered in the 2016 campaign using hacking and propaganda to attempt to tilt the race in favor of Trump. The president has called Mueller’s investigation a “witch hunt” and “hoax.”

(Reporting by Steve Holland, Warren Strobel, Jonathan Landay; Writing by Doina Chiacu; Editing by Will Dunham)

White House will release framework for immigration bill on Monday

People protest for immigration reform for DACA recipients and a new Dream Act, in Los Angeles, California, U.S. January 22, 2018.

ASHINGTON (Reuters) – The White House said on Wednesday that it planned to release a framework for immigration legislation next week.

“The White House will release a legislative framework on Monday that represents a compromise that members of both parties can support. We encourage the Senate to bring it to the floor,” White House press secretary Sarah Sanders told reporters.

(Reporting by Roberta Rampton; Writing by Makini Brice; Editing by Doina Chiacu)

Trump administration demands documents from ‘sanctuary cities’

People visit the Liberty State Island as Lower Manhattan is seen at the background in New York, U.S., August 17, 2017.

By Sarah N. Lynch

WASHINGTON (Reuters) – President Donald Trump’s administration on Wednesday escalated its battle with so-called sanctuary cities that protect illegal immigrants from deportation, demanding documents on whether local law enforcement agencies are illegally withholding information from U.S. immigration authorities.

The Justice Department said it was seeking records from 23 jurisdictions — including America’s three largest cities, New York, Los Angeles and Chicago, as well as three states, California, Illinois and Oregon — and will issue subpoenas if they do not comply fully and promptly.

The administration has accused sanctuary cities of violating a federal law that prohibits local governments from restricting information about the immigration status of people arrested from being shared with the U.S. Immigration and Customs Enforcement (ICE) agency.

Many of the jurisdictions have said they already are in full compliance with the law. Some sued the administration after the Justice Department threatened to cut off millions of dollars in federal public safety grants. The cities have won in lower courts, but the legal fight is ongoing.

The Republican president’s fight with the Democratic-governed sanctuary cities, an issue that appeals to his hard-line conservative supporters, began just days after he took office last year when he signed an executive order saying he would block certain funding to municipalities that failed to cooperate with federal immigration authorities. The order has since been partially blocked by a federal court.

“Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law,” Attorney General Jeff Sessions said in a statement.

Democratic mayors fired back, and some including New York Mayor Bill de Blasio decided to skip a previously planned meeting on Wednesday afternoon at the White House with Trump.

“The Trump Justice Department can try to intimidate us with legal threats, but we will never abandon our values as a welcoming city or the rights of Chicago residents,” Chicago Mayor Rahm Emanuel said. “The Trump administration’s actions undermine public safety by jeopardizing our philosophy of community policing, as they attempt to drive a wedge between immigrant communities and the police who serve them.”

IMMIGRATION CRACKDOWN

The issue is part of Trump’s broader immigration crackdown. As a candidate, he threatened to deport all roughly 11 million of them. As president, he has sought to step up arrests of illegal immigrants, rescinded protections for hundreds of thousands of immigrants brought into the country illegally as children and issued orders blocking entry of people from several Muslim-majority countries.

Other jurisdictions on the Justice Department’s list include: Denver; San Francisco; the Washington state county that includes Seattle; Louisville, Kentucky; California’s capital Sacramento; New York’s capital Albany, Mississippi’s capital Jackson; West Palm Beach, Florida; the county that includes Albuquerque, New Mexico; and others.

The Justice Department said certain sanctuary cities such as Philadelphia were not on its list due to pending litigation.

On Twitter on Wednesday, De Blasio objected to the Justice Department’s decision to, in his words, “renew their racist assault on our immigrant communities. It doesn’t make us safer and it violates America’s core values.”

“The White House has been very clear that we don’t support sanctuary cities,” White House spokeswoman Sarah Sanders said, adding that mayors cannot “pick and choose what laws they want to follow.”

The Justice Department last year threatened to withhold certain public safety grants to sanctuary cities if they failed to adequately share information with ICE, prompting legal battles in Chicago, San Francisco and Philadelphia.

In the Chicago case, a federal judge issued a nationwide injunction barring the Justice Department from withholding this grant money on the grounds that its action was likely unconstitutional. This funding is typically used to help local police improve crime-fighting techniques, buy equipment and assist crime victims.

The Justice Department is appealing that ruling. It said that litigation has stalled the issuance of these grants for fiscal 2017, which ended Sept. 30.

(Reporting by Sarah N. Lynch and Makini Brice; Editing by Will Dunham)

As U.S. goes quiet on close naval patrols, China speaks out

An aerial photo taken though a glass window of a Philippine military plane shows the alleged on-going land reclamation by China on Mischief Reef in the Spratly Islands in the South China Sea, west of Palawan, Philippines, May 11, 2015.

By Greg Torode and Philip Wen

HONG KONG/BEIJING (Reuters) – While the Pentagon plays down patrols close to Chinese-controlled reefs and islands in the South China Sea, Beijing is sounding the alarm about them, seeking to justify what experts say will be an even greater presence in the disputed region.

Chinese officials publicized the latest U.S. “freedom of navigation patrol”, protesting the deployment last week of the destroyer USS Hopper to within 12 nautical miles of Scarborough Shoal, an atoll west of the Philippines which Beijing disputes with Manila.

It was the second time in recent months that confirmation of a patrol came from Beijing, not Washington, which had previously announced or leaked details.

Bonnie Glaser, a security expert at Washington’s Center for Strategic and International Studies, said while the administration of U.S. President Donald Trump had a policy of keeping the patrols regular but low key, China was willing to publicly exploit them to further their military ends.

“It is difficult to conclude otherwise,” she said. “Even as it pushes ahead with these (patrols), I don’t think the Trump administration has really come to terms with what it will tolerate from China in the South China Sea, and what it simply won’t accept, and Beijing seems to grasp this.”

In official statements, Chinese foreign ministry official Lu Kang said China would take “necessary measures to firmly safeguard its sovereignty” in the resource-rich sea.

Some regional diplomats and security analysts believe that will involve increased Chinese deployments and the quicker militarization of China’s expanded facilities across the Spratlys archipelago.

While U.S. officials did not target China in their comments, couching freedom-of-navigation patrols as a “routine” assertions of international law, Beijing was quick to cast Washington as the provocateur.

The Communist Party’s official People’s Daily newspaper on Monday accused the U.S. of upsetting recent peace and co-operation and “wantonly provoking trouble”, saying China had must now strengthen its presence in the strategic waterway.

CONSTRUCTION AND MILITARIZATION

In recent years, China has built up several reefs and islets into large-scale airstrips and bases as it seeks to assert and enforce its claims to much of the sea, through which some $3 trillion in trade passes annually. The Philippines, Vietnam, Malaysia and Brunei, as well as Taiwan, hold rival claims.

Chinese coastguard and People’s Liberation Army navy ships patrol vast swathes of the South China Sea, routinely shadowing U.S. and other international naval deployments, regional naval officers say.

Zhang Baohui, a mainland security analyst at Hong Kong’s Lingnan University, told Reuters he believed Beijing was rattled by Trump’s sharpening Asia strategy and they might be tempted to react in the South China Sea, even after months of relative calm.

“We can perhaps expect the Chinese to push ahead with militarization as retaliation,” he said.

A new U.S. national defense strategy unveiled last week stressed the need to counter the rising authoritarian powers of China and Russia, outlining a need to better support allies and newer partners against coercion.

While most analysts and regional envoys believe China remains keen to avoid an actual conflict with the significantly more powerful U.S. navy in the South China Sea, it is working to close the gap.

China has added bunkers, hangars and advanced radars on its new runways in the Spratlys, although it has not fully equipped them with the advanced surface-to-air and anti-ship missiles they use to protect the Paracels grouping further north.

Similarly, Beijing has yet to land jet fighters in the Spratlys – test flights some experts are expecting this year.

POTENTIAL FLASHPOINT

The latest patrol was at least the fifth such patrol under the Trump administration and the first to Scarborough – one of the more contentious features in the region.

Scarborough, once a U.S. bombing range, was blockaded by the Chinese in 2012, prompting the Philippines to launch its successful legal case in the Hague against China’s excessive territorial claims.

China allowed Filipino fishermen back to Scarborough’s rich waters last year, but it remains a potential flashpoint as both sides claim sovereignty and China maintains a steady presence of ships nearby.

While experts and regional envoys expect China to ramp up operations from the Spratlys, none expect it to build on Scarborough – something widely believed to be a red line that would provoke the United States, given its long-standing security treaty with the Philippines.

Shi Yinhong, who heads the Center for American Studies at Beijing’s Renmin University, said China had “lived with” U.S. patrols for several years but the key facts on the ground remained in China’s favor and broader tensions had “improved remarkably”.

“These islands, especially those with reclaimed land and military capability already deployed, they’re still in Chinese hands,” Shi, who has advised the Chinese government on diplomacy, told Reuters.

“I don’t think Trump has the stomach and the guts to change this fundamental status quo.”

 

(Reporting By Greg Torode in Hong Kong and Philip Wen in Beijing; Editing by Lincoln Feast)