- In a very welcome bit of good news, a federal judge in Washington, D.C. issued a last minute reprieve to Haitians legally in the US under Temporary Protected Status (TPS). Despite having issued a travel advisory in July due to “kidnapping, crime, terrorist activity, civil unrest, and limited health care,” the Trump Administration determined in November that the situation in Haiti was stable enough to end TPS for the nation and send over 350,000 Haitians back to the nation. TPS was slated to end on Tuesday, but the federal court found that the administration had failed to follow legally required processes for the termination of status and further suspects that, “the Secretary has engaged in a pattern and practice of terminating all TPS designations without the country specific statutorily-mandated periodic review.” This temporary stay by the court means that Haitians with TPS maintain their legal status in the US as well as their work authorization. For additional information and community resources, please visit MIRA’s TPS for Haiti page.
- Following the mass unrest and violence caused by the administration’s militaristic enforcement of civil immigration laws in Minnesota, US border czar Tom Homan announced that 700 federal agents will leave the state. Although this would appear to be an effort to deescalate, Homan did not provide any timeline for when the agents would depart, and the move would still leave 2,300 DHS officers roaming the streets. DHS Secretary Kristi Noem has said that all agents in Minneapolis would be issued with body cameras, and that body cameras would be issued to all officers across the country as funding becomes available. Meanwhile, ICE operations in Minneapolis have become less obvious, but school leaders have described harassment by DHS officials, and activists continue to be arrested on trumped up charges of interfering with law enforcement.
- The violence and unrest in Minnesota has finally motivated some members of Congress to push back against the inhumane enforcement practices. Congressional leadership had been trying to push through a funding package last week, which including funding for DHS, before a Friday deadline. However, calls for increased accountability by DHS stalled the package leading to a brief partial government shutdown over the weekend. Negotiators eventually agreed on and passed a package which only funds DHS for 2 weeks, ending on February 13. On Wednesday, Democratic leadership laid out their list of reforms, which includes an end of masking of DHS agents, an end to indiscriminate arrests, protections for sensitive locations, and an end to racial profiling. While these might seem like commonsense reforms, there is little hope that the two sides will reach agreement before the deadline.
- Following increasing concerns of widespread civil rights abuses, two courts in Oregon have issued rulings this week trying to reign in DHS tactics. The first ruling, issued on Tuesday, prohibits the use of tear gas or “nonlethal” munitions against protesters at the ICE building in Portland. While this temporary measure is welcome by those exercising their free speech rights, a similar ruling last month in Minnesota was quickly blocked by an appellate court. The second ruling this week prohibits the agency from making warrantless arrests unless there is a likelihood of escape. Courts in Colorado and Washington, D.C. have already issued similar rulings, which the administration has appealed.
- Last week, District Attorneys from across the country announced the formation of the Fight Against Federal Overreach (FAFO), a coalition intended to hold federal officials accountable for exceeding their lawful authority. The coalition formed due to concerns over “warrantless entries, unlawful detentions, and coercive enforcement tactics by federal agents” and will work to share best practices and strategies as well coordinate their efforts to combat civil liberties abuses by the Trump Administration.