migrant

Judge to proceed with contempt probe after U.S. flew migrants to El Salvador prison

A federal judge said Wednesday he plans to move ahead quickly on a contempt investigation of the Trump administration for failing to turn around planes carrying Venezuelan migrants to El Salvador in March.

U.S. District Judge James Boasberg in Washington said a ruling Friday by the U.S. Court of Appeals for the District of Columbia Circuit gave him the authority to proceed with the inquiry, which will determine whether there is sufficient evidence to refer the matter for prosecution. He asked attorneys to identify witnesses and offer plans for how to conduct the probe by Monday and said he’d like to start any hearings on Dec. 1.

The judge has previously warned he could seek to have officials in the administration prosecuted.

On March 15, Boasberg ordered the aircraft carrying accused gang members to return to the U.S., but they landed instead in El Salvador, where the migrants were held at a notorious prison.

“I am authorized to proceed just as I intended to do in April seven months ago,” the judge said during a hearing Wednesday. He added later, “I certainly intend to find out what happened on that day.”

Boasberg said having witnesses testify under oath appeared to be the best way to conduct the contempt probe, but he also suggested the government could provide written declarations to explain who gave orders to “defy” his ruling. He suggested one witness: a former U.S. Justice Department attorney who filed a whistleblower complaint that claims a top official in the department suggested the Trump administration might have to ignore court orders as it prepared to deport Venezuelan migrants it accused of being gang members.

The Trump administration has denied any violation, saying the judge’s directive to return the planes was made verbally in court but not included in his written order. Justice Department attorney Tiberius Davis told Boasberg the government objected to further contempt proceedings.

Boasberg previously found probable cause to hold the Trump administration in criminal contempt of court. The ruling marked a dramatic battle between the judicial and executive branches of government, but a divided three-judge appeals court panel later sided with the administration and threw out the finding. The two judges in the majority were appointed by President Trump.

On Friday, a larger panel of judges on the D.C. Circuit said the earlier ruling by their colleagues did not bar Boasberg from moving ahead with his contempt probe. Boasberg’s contempt finding was a “measured and essential response,” Judges Cornelia Pillard, Robert Wilkins and Bradley Garcia wrote.

“Obedience to court orders is vital to the ability of the judiciary to fulfill its constitutionally appointed role,” they wrote. “Judicial orders are not suggestions; they are binding commands that the Executive Branch, no less than any other party, must obey.”

The Trump administration invoked an 18th-century wartime law to send the migrants, whom it accused of membership in a Venezuelan gang, to a mega-prison in El Salvador known as the Terrorism Confinement Center, or CECOT. It argued that American courts could not order them freed.

In June, Boasberg ruled the Trump administration must give some of the migrants a chance to challenge their deportations, saying they hadn’t been able to formally contest the removals or allegations that they were members of Tren de Aragua.

The judge wrote that “significant evidence” had surfaced indicating that many of the migrants were not connected to the gang “and thus were languishing in a foreign prison on flimsy, even frivolous, accusations.”

More than 200 migrants were later released back to Venezuela in a prisoner swap with the U.S.

Their attorneys want Boasberg to issue another order requiring the administration to explain how it will give at least 137 of the men a chance to challenge their gang designation under the Alien Enemies Act.

The men are in danger in Venezuela and fear talking to attorneys, who have been able to contact about 30 of them, but they “overwhelmingly” want to pursue their cases, Lee Gelernt, an attorney with the American Civil Liberties Union, said Wednesday.

Davis said it may be hard to take the men into custody again given tensions between the U.S. and the government of Venezuelan President Nicolas Maduro.

Boasberg did not immediately rule on the matter.

Thanawala writes for the Associated Press.

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Supreme Court may restrict asylum claims from those arriving at the southern border

The Supreme Court agreed Monday to hear a Trump administration appeal that argues migrants have no right to seek asylum at the southern border.

Rather, the government says border agents may block asylum seekers from stepping on to U.S. soil and turn away their claims without a hearing.

The new case seeks to clarify the immigration laws and resolve an issue that has divided past administrations and the 9th Circuit Court of Appeals.

Under federal law, migrants who faces persecution in their home countries may apply for asylum and receive a screening hearing if they are “physically present in the United States” or if such a person “arrives in the United States.”

Since 2016, however, the Obama, Biden and Trump administrations responded to surges at the border by adopting temporary rules which required migrants to wait on the Mexican side before they could apply for asylum.

But in May, a divided 9th Circuit Court ruled those restrictions were illegal if they prevented migrants from applying for asylum.

“To ‘arrive’ means ‘to reach a destination,’” wrote Judge Michelle Friedland, citing a dictionary definition. “A person who presents herself to an official at the border has ‘arrived.’”

She said this interpretation “does not radically expand the right to asylum.” By contrast, the “government’s reading would reflect a radical reconstruction of the right to apply for asylum because it would give the executive branch vast discretion to prevent people from applying by blocking them at the border.”

“We therefore conclude that a non-citizen stopped by U.S. officials at the border is eligible to apply for asylum,” she wrote.

The 2-1 decision upheld a federal judge in San Diego who ruled for migrants who had filed a class-action suit and said they were wrongly denied an asylum hearing.

But Solicitor Gen. D. John Sauer urged the Supreme Court to review and reverse the appellate ruling, noting 15 judges of the 9th Circuit joined dissents that called the decision “radical” and “clearly wrong.”

In football, a “running back does not ‘arrive in’ the end zone when he is stopped at the one-yard line,” Sauer wrote.

He said federal immigration law “does not grant aliens throughout the world a right to enter the United States so that they can seek asylum.” From abroad, they may “seek admission as refugees,” he said, but the government may enforce its laws by “blocking illegal immigrants from stepping on U.S. soil.”

Immigrants rights lawyers advised the court to turn away the appeal because the government is no longer using the “metering” system that required migrants to wait for a hearing.

Since June 2024, they said the government has restricted inspections and processing of these non-citizens under a different provision of law that authorizes the president to “suspend the entry of all aliens or any class of alien” if he believes they would be “detrimental to the interests of the United States.”

The government also routinely sends back migrants who illegally cross the border.

But the solicitor general said the asylum provision should be clarified.

The justices voted to hear the case of Noem vs. Al Otro Lado early next year and decide “whether an alien who is stopped on the Mexican side of the U.S.-Mexico border ‘arrives in the United States’ within the meaning” of federal immigration law.

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Commentary: Can opposing Trump’s deportation machine help Catholic Church regain its moral mojo?

When millions of European immigrants came to the United States in the 19th century only to be scorned by mainstream society, it was the Catholic Church that embraced them, taught that keeping the customs of one’s native lands was not bad and created systems of mutual aid and education for the newcomers that didn’t rely on the government.

The 1960 election of John F. Kennedy, an Irish American Catholic, showed that the U.S. was ready to expand its definition of who could become president. Labor organizers like Cesar Chavez, Dorothy Day and Mother Jones pushed for the dignity of workers while frequently citing the woke words of Jesus — the Sermon of the Mount and the Beatitudes among the wokest — as the fuel for their spiritual fire.

Catholicism is the faith I was baptized in, the one I embraced as a teen and that’s the bedrock for my moral code of comforting the afflicted and afflicting the comfortable. My work desk covered with statues and devotional cards of Jesus, Mary and the saints is a physical testament to this.

But I’m also one of the 72% of U.S. Catholics that a Pew Research Center survey from earlier this year. found don’t attend weekly Mass, which we’re obligated to do.

I stopped going early on in my adulthood because the Church became something I didn’t recognize.

The bishops and cardinals who preached we should follow Jesus’ admonition we should tend to the least among us presided over a child sex abuse scandal in the 1990s and 2000s that cost parishioners billions of dollars in legal settlements and their ethical high ground. The obsession that too many of those same church leaders had over abortion and homosexuality — which Christ never talked about — over social justice matters during the Obama administration left me disappointed. Their continual condemnation of pro-choice Catholic Democratic politicians like Nancy Pelosi and Joe Biden for taking Communion while staying silent about Donald Trump’s constant violations of the Ten Commandments was rank hypocrisy.

The Pew Research Center found 55% of my fellow faithful voted for Trump. Key Catholics have blessed Trump’s uglier tendencies: A majority of them rules over our revanchist Supreme Court while the president’s team features a vice president who’s a convert and a rogue’s gallery of influential insiders that bear surnames from previous generations of Catholic diasporas — Kennedy, Rubio, Bovino, Homan among the worst of the worst.

Yet I remain a Catholic because you shouldn’t turn your back so easily on institutions that formed you and you don’t cede your identity to heretics. The election of Pope Leo XIV, the first American to head the Holy See, to succeed Pope Francis stirred in me the sense that things might change for the better as our country worsens.

Now, without naming him, the U.S. Catholic hierarchy has rebuked Trump on his signature issue and one close to my heart in a way that shows my hope hasn’t been in vain.

Clergy attend the Fall General Assembly meeting of the United States Conference of Catholic Bishops

Clergy attend the 2021 Fall General Assembly meeting of the United States Conference of Catholic Bishops in Baltimore, Md.

(Julio Cortez/Associated Press)

This week the United States Conference of Catholic Bishops released a so-called “special message” to blast Trump’s deportation Leviathan, decrying its “vilification of immigrants” “the, indiscriminate mass deportation of people” and how hundreds of thousands of residents have “arbitrarily lost their legal status.” Citing passages from across the Bible — the Gospel, the Old Testament, the Letters of Paul — to argue for the human worth of the undocumented and the holy mandate that we must care about them, it was the first time since 2013 that American bishops collectively authored such a statement.

Even as a majority of U.S. Catholics have gone MAGA, support for the special message was overwhelming: 216 bishops voted in favor, 5 against, and there were 3 abstentions. Their missive even concluded with a shout-out to Our Lady of Guadalupe, the brown, pregnant apparition of the Virgin Mary who’s the patroness of the Americas for Catholics.

Talk about someone who would get deported if la migra saw Her on the street.

The cruelty this administration has shown throughout its deportation campaign — families torn apart as easily as the Constitution; U.S. citizens detained; wanton federal violence that a federal judge in Chicago described as “shock[ing] the conscience” — has become one of the most pressing moral issues of our times. The call by Catholic bishops to oppose this wrong is important — so like a voice crying in the wilderness, the church must set an example for the rest of the country to follow.

This example already is being set in parishes across Southern California.

Priests and deacons have marched at rallies and prayed for those detained and deported from Orange County to downtown L.A. and beyond. Dolores Mission in Boyle Heights has let local activists stage know-your-rights workshops since Trump won last November. While L.A archbishop José H. Gomez and Diocese of Orange bishop Kevin Vann, the two most senior Catholic prelates in the region, have spoken out forcefully against immigration raids, some of their local brother bishops have pushed harder.

Diocese of San Bernardino Bishop Alberto Rojas has allowed Catholics who are afraid of la migra to skip Mass since July after immigration agents detained migrants on church property, arguing “such fear constitutes a grave inconvenience” for his flock. In San Diego, Bishop Michael Pham — who’s been in his seat for only four months — helped launch a program encouraging religious leaders to accompany migrants to immigration court to bear witness to the injustices inside and has participated himself.

Expect to hear gnashing of the teeth from the conservative side of church pews about how everyone should respect the rule of law and to render unto Caesar the things that are Caesar’s as if there ever was a Pope Donald. Already, Trump border czar Tom Homan has cried that the bishops are “wrong” for issuing their pro-immigrant letter and suggested they focus on “fixing the Catholic Church.”

But Homan’s dismissal and that of his fellow travelers doesn’t make the bishop’s admonition against Trump’s policies any more prophetic. The president’s immigration dictates are out of Herod — no less an authority than Pope Leo described them in October as “inhuman,” told a delegation of American bishops that “the church cannot remain silent” on those outrages and stated in a separate speech that such abuse was “not the legitimate exercise of national sovereignty, but rather grave crimes committed or tolerated by the state.”

The Catholic Church never will be as progressive as some want it to be. Even as the U.S. Conference of Catholic Bishops released its message, the group elected as its next president Diocese of Oklahoma City Archbishop Paul Coakley, whose public politics have so far mostly aligned with those of his deep-red state. But on the issue of dignity for immigrants during the Trump era, U.S. bishops have been on the right side of history — and God. They criticized Trump’s Muslim ban and his move to separate undocumented parents from their children during his first administration and have kept a watch on his attempt to cancel the Deferred Action for Childhood Arrivals program, which allows some people who came to this country as children to legally remain in the U.S.

We’re about to enter the Christmas season, a holiday based on the story of a poor family seeking shelter in an era when their kind was rejected by the powers that be and ultimately had to flee home. It’s the story of the United States as well, one too many Americans have forsaken and that Trump wants all of us to forget.

May Catholics remind their fellow Americans anew of how powerful and righteous standing up for the stranger is.

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U.S. Catholic bishops select conservative culture warrior to lead them during Trump’s second term

U.S. Catholic bishops elected Oklahoma City Archbishop Paul Coakley as their new president on Tuesday, choosing a conservative culture warrior to lead during President Trump’s second term.

The vote serves as a barometer for the bishops’ priorities. In choosing Coakley, they are doubling down on their conservative bent, even as they push for more humane immigration policies from the Trump administration.

Coakley was seen as a strong contender for the top post, having already been elected in 2022 to serve as secretary, the No. 3 conference official. In three rounds of voting, he beat out centrist candidate Bishop Daniel Flores of Brownsville, Texas, who was subsequently elected vice president.

Coakley serves as advisor to the Napa Institute, an association for conservative Catholic powerbrokers. In 2018, he publicly supported an ardent critic of Pope Francis, Italian Archbishop Carlo Maria Viganò, who was later excommunicated for stances that were deemed divisive.

The U.S. Conference of Catholic Bishops has often been at odds with the Vatican and the inclusive, modernizing approach of the late Pope Francis. His U.S.-born successor, Pope Leo XIV, is continuing a similar pastoral emphasis on marginalized people, poverty and the environment.

The choice of Coakley may fuel tensions with Pope Leo, said Steven Millies, professor of public theology at the Catholic Theological Union in Chicago.

“In the long conflict between many U.S. bishops and Francis that Leo inherits, this is not a de-escalating step,” he said.

Half the 10 candidates on the ballot came from the conservative wing of the conference. The difference is more in style than substance. Most U.S. Catholic bishops are reliably conservative on social issues, but some — like Coakley — place more emphasis on opposing abortion and LGBTQ+ rights.

The candidates were nominated by their fellow bishops, and Coakley succeeds the outgoing leader, Military Services Archbishop Timothy Broglio, for a three-year term. The current vice president, Archbishop William Lori of Baltimore, was too close to the mandatory retirement age of 75 to assume the top spot.

Coakley edged out a well-known conservative on the ballot, Bishop Robert Barron of Minnesota’s Winona-Rochester diocese, whose popular Word on Fire ministry has made him a Catholic media star.

In defeating Flores, Coakley won over another strong contender, who some Catholic insiders thought could help unify U.S. bishops and work well with the Vatican. Flores has been the U.S. bishops’ leader in the Vatican’s synod process to modernize the church. As a Latino leading a diocese along the U.S.-Mexico border, he supports traditional Catholic doctrine on abortion and LGBTQ issues and is outspoken in his defense of migrants.

Flores will be eligible for the top post in three years. His election as vice president indicates that the U.S. conference “may eventually, cautiously open itself to the church’s new horizons,” said David Gibson, director of Fordham University’s Center on Religion and Culture.

The bishops are crafting a statement on immigration during the annual fall meeting. On many issues, they appear as divided and polarized as their country, but on immigration, even the most conservative Catholic leaders stand on the side of migrants.

The question is how strongly the whole body plans to speak about the Trump administration’s harsh immigration tactics.

Fear of immigration enforcement has suppressed Mass attendance at some parishes. Local clerics are fighting to administer sacraments to detained immigrants. U.S. Catholic bishops shuttered their longstanding refugee resettlement program after the Trump administration halted federal funding for resettlement aid.

“On the political front, you know for decades the U.S. bishops have been advocating for comprehensive immigration reform,” Bishop Kevin Rhoades, of Indiana’s Fort Wayne-South Bend diocese, said during a news conference.

Rhoades serves on Trump’s Religious Liberty Commission, and he leads the bishops’ committee on religious liberty. He said bishops are very concerned about detained migrants receiving pastoral care and the sacraments.

“That’s an issue of the right to worship,” he said. “One doesn’t lose that right when one is detained, whether one is documented or undocumented.”

The bishops sent a letter to Pope Leo from their meeting, saying they “will continue to stand with migrants and defend everyone’s right to worship free from intimidation.”

The letter continued, “We support secure and orderly borders and law enforcement actions in response to dangerous criminal activity, but we cannot remain silent in this challenging hour while the right to worship and the right to due process are undermined.”

Pope Leo recently called for “deep reflection” in the United States about the treatment of migrants held in detention, saying that “many people who have lived for years and years and years, never causing problems, have been deeply affected by what is going on right now.”

Stanley writes for the Associated Press.

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One dead, dozens missing after migrant boat sinks off Malaysia coast | Migration News

Authorities say rescue operations are under way to locate survivors on a boat that sunk, with two others missing.

One body has been found and dozens of others are missing after a boat carrying about 90 undocumented migrants sank near the Thailand-Malaysia border, officials said.

The Malaysian maritime authority on Sunday said at least 10 survivors were found, while the status of two other boats carrying a similar number of people remains unknown.

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The incident is believed to have happened near Tarutao Island, just north of the popular Malaysian resort island of Langkawi.

“A boat carrying 90 people is believed to have capsized” three days ago, local police chief Adzli Abu Shah told reporters, adding that rescue operations were under way to locate the survivors.

Among the survivors found in the waters were three Myanmar nationals, two Rohingya refugees, and a Bangladeshi man, while the body was that of a Rohingya woman, state media agency Bernama reported, quoting Abu Shah.

The Malaysia-bound people initially boarded a large vessel, but, as they neared the border, they were instructed to transfer onto three smaller boats, each carrying about 100 people, to avoid detection by the authorities, the police chief was quoted as saying.

Dangerous crossings

Malaysia is home to millions of migrants and refugees from other parts of Asia – many of them undocumented, working in industries including construction and agriculture.

Members of the mainly Muslim Rohingya minority periodically flee predominantly Buddhist Myanmar, where they are seen as foreign interlopers from South Asia, denied citizenship, and subjected to abuse. Nearly a million Rohingya refugees live in cramped camps across southern Bangladesh.

Many of these refugees attempt maritime crossings to relatively affluent regional countries such as Malaysia and Thailand, facilitated by human trafficking syndicates. But the trips often turn hazardous, leading to frequent capsizing.

In one of the worst incidents in December 2021, more than 20 people drowned in several capsizing incidents off the Malaysian coastline.

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Pope Leo calls for ‘deep reflection’ about treatment of detained migrants in the United States

Pope Leo XIV has called for “deep reflection” in the United States about the treatment of migrants held in detention, saying that “many people who have lived for years and years and years, never causing problems, have been deeply affected by what is going on right now.”

The Chicago-born pope was responding Tuesday to a variety of geopolitical questions from reporters outside the papal retreat at Castel Gandolfo, including what kind of spiritual rights migrants in U.S. custody should have, U.S. military attacks on suspected drug traffickers off Venezuela and the fragile ceasefire in the Middle East.

Leo underlined that scripture emphasizes the question that will be posed at the end of the world: “How did you receive the foreigner, did you receive him and welcome him, or not? I think there is a deep reflection that needs to be made about what is happening.”

He said “the spiritual rights of people who have been detained should also be considered,’’ and he called on authorities to allow pastoral workers access to the detained migrants. “Many times they’ve been separated from their families. No one knows what’s happening, but their own spiritual needs should be attended to,’’ Leo said.

Leo last month urged labor union leaders visiting from Chicago to advocate for immigrants and welcome minorities into their ranks.

Asked about the lethal attacks on suspected drug traffickers off Venezuela, the pontiff said the military action was “increasing tension,’’ noting that they were coming even closer to the coastline.

“The thing is to seek dialogue,’’ the pope said.

On the Middle East, Leo acknowledged that the first phase of the peace accord between Israel and Hamas remains “very fragile,’’ and said that the parties need to find a way forward on future governance “and how you can guarantee the rights of all peoples.’’

Asked about Israeli settler attacks on Palestinians in the West Bank, the pope described the settlement issue as “complex,’’ adding: “Israel has said one thing, then it’s done another sometimes. We need to try to work together for justice for all peoples.’’

Pope Leo will receive Palestinian Authority President Mahmoud Abbas at the Vatican on Thursday. At the end of November he will make his first trip as Pope to Turkey and Lebanon.

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