immigration crackdown

Environmental groups urge appeals court panel to lift halt on closing Florida’s ‘Alligator Alcatraz’

Environmental groups on Tuesday asked a federal appellate court panel to drop its temporary halt of a lower court’s order instructing state officials to close an immigration detention center in the heart of the Florida Everglades known as “Alligator Alcatraz.”

The Everglades facility remains open, still holding detainees, because the appellate court in early September relied on arguments by Florida and the Trump administration that the state had not yet applied for federal reimbursement, and therefore wasn’t required to follow federal environmental law. State officials opened the detention center last summer to support President Trump’s immigration crackdown.

Questions by the three appellate judges during oral arguments in a Miami courtroom focused on how much control the federal government had over the state-built facility and under what circumstances an environmental review was required to be in compliance with federal law. The judges did not indicate when they would rule.

Jesse Panuccio, an attorney for the Florida Department of Emergency Management, told the judges federal funding and federal control of the facility were the two criteria for determining if the federal environmental law would apply and the federal agencies had no control over the state-run detention center.

Florida was notified in late September that FEMA had approved $608 million in federal funding to support the center’s construction and operation.

“You need both,” Panuccio said. “Even with funding, I don’t think that would follow because they don’t have federal control.”

An attorney for the environmental groups said the law requiring a review applied to the facility because the Department of Homeland Security had authorized the funding and immigration was a responsibility of the federal government, not the state.

“What is different about this property is that immigration is constitutionally a federal function,” said Paul Schwiep,” an attorney representing the Friends of the Everglades and the Center for Biological Diversity. “The state has no role.”

The federal district judge in Miami in mid-August ordered the facility to wind down operations over two months because officials had failed to do a review of the detention center’s environmental impact according to federal law. That judge concluded that a reimbursement decision already had been made. The appellate court halted the order on an appeal.

The environmental lawsuit was one of three federal court challenges to the Everglades facility since it opened. In the others, a detainee said Florida agencies and private contractors hired by the state had no authority to operate the center under federal law. The challenge ended after the immigrant detainee who filed the lawsuit agreed to be removed from the United States.

In the third lawsuit, a federal judge in Fort Myers, Fla., ruled the Everglades facility must provide detainees there with better access to their attorneys, as well as confidential, unmonitored, unrecorded outgoing legal calls.

Schneider writes for the Associated Press.

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Most Californians still disapprove of immigration crackdown, poll says

Two-thirds of California voters disapprove of President Trump’s immigration policies and a majority believe those policies are discriminating against Latinos, according to a new poll.

Nearly half of the voters said they were concerned that they, a family member or a close friend could be detained because of Trump’s immigration policies.

The findings of the UC Berkeley Institute of Governmental Studies poll, released Wednesday, show that most Californians haven’t budged on their thoughts about the president’s approach to immigration since he returned to office. A poll last August similarly showed strong disapproval of the Trump administration’s approach to immigration enforcement.

The poll, which was conducted for the Los Angeles Times, showed the usual division along party lines when voters were asked whether they trust the U.S. Border Patrol and Immigration and Customs Enforcement, whether agents should wear masks while on duty, and whether Latinos are being discriminated against.

“This suggests that a significant number of voters see ICE infringement on the individual rights of the undocumented as also potentially leading to broader infringements on citizens’ rights,” said G. Cristina Mora, co-director of the institute and a sociology professor at UC Berkeley who studies race and immigration.

“Latino voters also seem to particularly worry about the way that racism is motivating current immigration practices,” she said, which is likely tied to the Supreme Court’s approval of immigration agents detaining people on the basis of their perceived race, ethnicity, language or occupation.

The overall disapproval among voters of Trump’s immigration policies — 64% — was down a bit from the August poll, in which 69% of respondents said they disapproved of how immigration enforcement was being carried out in California.

Republicans appear to be more approving of immigration policies now, with 86% saying they approve of Trump’s immigration policies — up from 79% approval of enforcement in California last August.

Mora said the tilt among California Republicans toward the Trump administration could be due, in part, to the framing of the question, which asked about “President Trump’s immigration policies.”

Any time Trump’s name is included, Republicans are more likely to agree with him, she said. The same effect is seen when asking about other issues, such as the economy.

Another factor could be the timing, Mora said. Last summer, federal agents conducted widespread raids in Los Angeles before moving on to target other cities, such as Chicago and Minneapolis.

Now that the administration has shifted away from some tactics that resulted in escalations of violence, Republicans are “falling in line” again with the administration, she said.

“My hunch is it was shocking,” Mora said of the immigration raids last summer. “Things have normalized because the tension is somewhere else.”

Seeking to de-escalate after two protesters were shot and killed by federal agents in Minneapolis, the president tapped his border advisor Tom Homan to take control of the immigration enforcement operation there.

Republican strategist Ford O’Connell said that’s why voters are more supportive.

“Tom Homan being in charge and publicly taking a much lighter touch and appearing reasonable to the average voter is why you’re seeing this turnaround,” he said.

But Democratic strategist Maria Cardona said that that’s wishful thinking and that ICE’s approach hasn’t substantially changed.

“It only went down five points,” she said, referring to the disapproval of Trump’s policies. “That’s not the American people being on the side of the administration — it’s that they’re not seeing American citizens murdered on their screens every day.”

One question saw strong division among Republicans: Should immigration agents be allowed to enter the homes of suspected undocumented immigrants without a judge-approved search warrant?

Among California Republicans, 45% said no, 38% said yes, and 17% said they have no opinion.

O’Connell said that’s because Republicans strongly value civil liberties, especially around property.

Republicans were more strongly in favor of a different policy, allowing ICE agents to wear masks while on duty. While 91% of Democrats opposed the policy, 68% of Republicans favored it.

In the August poll, 45% of Republicans said federal agents should be required to show clear identification when carrying out their work. That desire for identification doesn’t appear to extend to being fully identifiable by face.

O’Connell said Republicans understand the concern over agents increasingly being doxxed.

“The administration wants to find a happy medium there, whether it’s a nameplate or a badge number,” he said. “There is wiggle room.”

Nearly 7 in 10 respondents said they want state and local authorities to intervene when they witness unlawful detentions or excessive use of force by federal immigration agents.

Voters were also asked about their level of concern that they, a family member or a close friend could be detained because of Trump’s immigration policies. While 85% of Republicans said they are not too concerned or not concerned at all, 63% of Democrats said they are somewhat or very concerned.

Overall, nearly half of the respondents, 45%, said they are somewhat or very concerned. Among racial and ethnic groups, 62% of Latino voters, 46% of Black voters and 43% of Asian or Pacific Islander voters said they are somewhat or very concerned.

“The Latino community has always wanted to think the best of this country and they still do,” Cardona said. “Our positivism, our optimism, our hope in a better future is second to none. I think that’s what you’re seeing in those numbers, even as our community feels totally attacked.”

Mora said the high concern among Black residents is notable because, while most Black Californians aren’t immigrants themselves, Los Angeles has one of the largest concentrations of Blaxicans — the children of one Black parent and one Latino parent.

Beyond intermarriages, Black residents in California are also likely to have immigrant friends or neighbors, she said.

O’Connell took a different view: “I don’t think we can glean anything from it other than how one party focuses more on identity politics than the other.”

The Institute of Governmental Studies poll was completed online in English and Spanish from March 9 to 15 by 5,109 registered voters in California.

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ICE officers soon will help with airport security unless Democrats end shutdown, Trump says

President Trump said Saturday that he will order federal immigration officers to take a role in airport security starting Monday unless Democrats agree on a bill to fund the Department of Homeland Security.

In a pair of social media posts, Trump first threatened and then said he had made plans to put officers from U.S. Immigration and Customs Enforcement in airports if the congressional standoff continues. He made the announcement as a partial shutdown contributes to long lines to pass through screening at some of the nation’s largest airports.

The president suggested ICE agents would bring the administration’s immigration crackdown into the nation’s airports, promising to arrest “all Illegal Immigrants.”

“I look forward to moving ICE in on Monday, and have already told them to, ‘GET READY. NO MORE WAITING, NO MORE GAMES!’” Trump wrote while spending the weekend in Florida.

The move appears to be a pointed effort to expand the type of immigration enforcement that has become a sticking point in Congress. Democrats pledged to oppose funding for the Department of Homeland Security unless changes were made in the wake of a crackdown in Minnesota that led to the fatal shootings of two protesters. Democrats are asking for better identification for federal law enforcement officers, a new code of conduct for those agencies and more use of judicial warrants, among other measures.

The Minnesota operation was tied in part to allegations of fraud involving Somali residents. On Saturday, Trump said ICE officers sent to airports would focus on arresting immigrants from Somalia who are in the United States illegally. Repeating his criticism of Somalis, he said they “totally destroyed” Minnesota.

“If the Democrats do not allow for Just and Proper Security at our Airports, and elsewhere throughout our Country, ICE will do the job far better than ever done before,” Trump said.

Trump’s posts did not offer additional detail on how ICE would take a role in airport security and what it meant for the Transportation Security Administration, which screens passengers and luggage for hazardous items.

The vast majority of TSA employees are considered essential and continue to work during the funding lapse, but they are doing so without pay. Call-out rates have started to increase at some airports, and Homeland Security said at least 376 have quit since the partial shutdown began Feb. 14.

On Saturday, in a rare weekend session, the Senate rejected a motion by Democrats to take up legislation to reopen TSA and pay workers who are now going without paychecks. Republicans argue that they need to fund all parts of the Department of Homeland Security, not just certain ones. A bill to fund the agency failed to advance in the Senate on Friday.

There were signs of progress, though, with the restarting in recent days of stalled talks between Democrats and the White House. On Saturday, Republican and Democratic senators were set to meet for a third consecutive day with White House officials behind closed doors as Senate Democratic leader Chuck Schumer of New York spoke of “productive conversations.”

Senate Majority Leader John Thune (R-S.D.) urged the bipartisan group to act quickly. He has said that Democrats and the White House need to find compromise as lines at airports have grown.

“If that group that’s meeting can’t come up with a solution really quickly, things are going to get worse and worse,” Thune said Saturday.

Binkley writes for the Associated Press. AP writer Mary Clare Jalonick contributed to this report.

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