A new CBS poll shows considerable opposition to the Trump Administration’s approach to immigration. The poll confirms that immigration is the top issue in the minds of voters. However, it also shows 60 percent of voters support the right of illegal immigrants being allowed to stay and achieve citizenship. Some 58 percent oppose the building of the wall.
There is an appeal filed in Dallas by a teacher, Resa Woodward, 38, who was fired because of her prior work in the adult film industry almost two decades ago. We have previously discussed such cases, which I find troubling because these are people who worked in a lawful industry. It is even more concerning when, as here, the individual claims that she was forced into the industry as a form of “sex slavery.”
Today the Supreme Court will hear Hernandez v. Mesa, a case with potentially significant impact on the current immigration debate. The case involves the shooting and killing of Sergio A. Hernandez Guereca, 15, at the border on June 7, 2010. The family argues that Hernandez was simply playing a game with his friends in running to touch the U.S. border fence when Border Patrol agent Jesus Mesa, Jr. shot and killed him. The agents insist that Hernandez was a known illegal alien smuggler with two prior arrests and was throwing rocks at the agents. Since the government prevailed below before the United States Court of Appeals for the Fifth Circuit, the Court will only consider the facts asserted by the family in determining if dismissal was appropriate. At issue will be the right of a foreign national to assert constitutional rights — an issue that could have bearing on the ongoing debate over the Trump immigration executive order.
We previously discussed the controversy over a painting by a constituent of Democratic Rep. William Lacy Clay that depicted police as pigs in Ferguson, Missouri. As we discussed, the House had a right to remove the art and eventually did precisely that. However, before that decision from the House, Rep. Duncan Hunter (R., Cal.) took down the painting. Clay called for criminal charges. When the painting was rehung, another Republican member removed it. At the time, Rep. Cedric Richmond (D-La.), chairman of the Congressional Black Caucus, said “We may just have to kick somebody’s ass and stop them. Then the architect stepped in and barred the hanging of the picture. Now Clay has announced that he will file a lawsuit challenging the actions of the House of Representatives. It is hard to see a strong legal basis for such a challenge. The odds heavily favor the House of Representatives in the action.
Word on the street is that the Trump Administration is prepared to issue a new executive order on immigration. While I have maintained that the law favors President Trump on this issue and I have been critical of the decision by the Ninth Circuit, I have also maintained that the original executive order was poorly written, poorly executed, and poorly defended. A second executive order could reset the litigation and cut away a key (and in my view questionable) component of the Ninth Circuit opinion in expressly exempting green card holders. The new order reportedly does precisely what many of us have suggested while keeping the majority of the prior order. By retaining the same countries and imposing the same conditions, the new order would protect the Administration politically from allegations that the President has backtracked. It would also leave the core basis for challenges on the merits of such travel limitations. I will be speaking on Capitol Hill on Tuesday about the President’s executive order authority at the US Capitol Visitors Center at noon.
Students at the University of Wisconsin-Madison have demanded that African-American students be given free tuition and housing because blacks were denied access to college educations for much of our history. They also opposed the use of standardized test scores as a barrier to black students.
It appears that the problem with the Internet in Palau resulted in the deletion of the original post on the decision in Virginia. I did not want to delete any discussion so I am keeping this post. I am in Guam now with better Internet access. Virginia federal district court Judge Leonie Brinkema granted a preliminary injunction which requires a higher showing for the challengers. In that sense, this is an obvious victory but it could also be an opportunity for the Trump Administration. I believe that the Brinkema decision might be the better option for the Administration to appeal given its focus on religious discrimination and its reliance on campaign statements and the bizarre statements of Rudy Giuliani.