Homeland Security

On its last opinion day of the term, the Supreme Court announced that it would rule on the constitutionality of the Trump administration’s revised travel ban. In the meantime to the extent the executive order prevents foreign nationals and refugees “who lack any bona fide relationship with a person or entity in the United States” from entering the United States, it may go into effect until the Supreme Court rules on the merits of this case.   

The president’s first executive order prevented people from seven predominantly Muslim countries from entering the United States for 90 days, froze decisions on refugee applications for 120 days, and capped total refugee admissions at 50,000 for fiscal year 2017.

The Ninth Circuit temporarily struck it down, concluding this executive order was not religion-neutral, and that it likely violated the due process rights of lawful permanent residents, nonimmigrant visa holders, and refugees.

For the most part and for now, Attorney General Jeff Session’s memo defining ”sanctuary jurisdictions” per President Trump’s sanctuary jurisdictions executive order (EO) returns the law to what it was before the EO.   

Per the EO, so-called sanctuary jurisdictions were afraid the federal government was going to take away all federal grant funding if, among other things, they did not comply with warrantless, voluntary Immigration and Customs Enforcement (ICE) detainers, which instruct jails to detain undocumented persons after they may be otherwise free to go so that ICE may pick them up and deport them.

Many cities and counties, even those that don’t label themselves sanctuary jurisdictions, don’t respond to warrantless ICE detainers because numerous courts have held that doing so violates the Fourth Amendment.

A federal district court has issued a nationwide preliminary injunction preventing the Trump administration from enforcing the sanctuary jurisdictions portion of the Enhancing Public Safety in the Interior of the United States executive order (EO).

The court was asked to accept two very different versions of what this EO means to determine whether it had jurisdiction to hear this case. The most important dispute between the parties is how much federal funding is on the line. The judge chose the Santa Clara and San Francisco version accusing the Department of Justice (DOJ) of trying to “read out all of Section 9(a)’s unconstitutional directives to render it an ominous, misleading, and ultimately toothless threat.”

On March 16, 2017, President Trump’s second travel ban executive order was scheduled to go into effect. Within hours of each other federal judges from Hawaii and Maryland issued decisions temporarily preventing portions of it from going into effect nationwide. Both decisions conclude that the executive order likely violates the Establishment Clause because it was intended to prevent people from for entering the United States on the basis of religion.

The State of Hawaii (and an American citizen of Egyptian descent with a Syrian mother-in-law lacking a visa) brought the case decided by the court in Hawaii.

This week the Secretary of the Department of Homeland Security (DHS), John Kelly, issued two immigration enforcement memorandums. While one of the memos addresses President Trump’s executive order involving sanctuary cities (Enhancing Public Safety in the Interior of the United States), neither memo discusses sanctuary cities.

The most direct effect of these memos on states and local governments is the expansion of a program allowing state and local law enforcement officers to be designated as “immigration officers” for the purposes of enforcing federal immigration law. But considering this program is voluntary the most significant effect for states and local governments may be the increased deportations of residents, and the effects of them on family members and the community as a whole, expected to occur as a result of the memos.

With cybersecurity on the minds of many Americans, questions are being raised about what should be done to further protect the integrity of U.S. elections. Control of voting is in the hands of state and local governments, leading some to wonder what role the federal government should play in helping to strengthen these voting systems from a possible cyber-attack, while not overstepping state jurisdiction.

To paraphrase former first lady and the first U.S. permanent representative to the United Nations, Eleanor Roosevelt, human rights begin in small places, close to home. In that spirit, the U.S. State Department would like to share important information about the Universal Periodic Review, or UPR, a major international human rights mechanism in which every U.N. member state participates, and invite state government officials to join public consultations that are part of this process.

During a special session called by Gov. Gary Herbert, Utah lawmakers passed a bill to address the issue of unmanned aircrafts interfering with wildfire management efforts, along with several other measures. In June, drones were spotted three times during a fire in Southwestern Utah, which led to the evacuation of 500 homes. Governor Herbert tweeted in response that “Evacuations could have been avoided if drones hadn’t interrupted air attack on the fire.”

Just like the head and tail of a coin, there are two sides to every disaster—providing help to those who need it and paying for that assistance. It’s a tug-of-war that’s becoming more contentious every year. Federal law requires assistance in times of disasters, but as threats grow in complexity—possible infrastructure failures, vulnerabilities from electromagnetic pulses and unforeseen consequences from hydraulic fracturing to name a few—the burden of marshalling the necessary resources and funding is an ongoing struggle.

The REAL ID Act of 2005 established minimum security standards for state-issued driver’s licenses and identification cards and prohibited federal agencies from accepting, for official purposes, licenses and identification cards from states that do not meet these standards. Starting Jan. 22, 2018, air travelers without a license from a compliant state or a state that has been granted an extension will be asked to provide alternate acceptable identification. Starting Oct. 1, 2020, every traveler will need to present a REAL ID-compliant license or another acceptable form of identification for domestic air travel. This FREE webinar presented by CSG South/SLC provides an overview of the latest trends associated with the REAL ID requirements from the U.S. Department of Homeland Security and a status report from two SLC states.

Pages