- Congress must pass funding for DHS this week or face a partial shutdown. Congress extended funding for the agency for 2 weeks to facilitate negotiations on demands for agency accountability, with that extension expiring this Friday. Following the fatal shootings in Minnesota, many Democrats in Congress have said that they will not vote to continue funding for the Department until its militaristic enforcement tactics are scaled back. Although Congressional leaders have been negotiating with the White House over continued funding, the prospects of reaching an agreement do not look promising. Democrats are calling for a number of reforms to the agencies, including stricter use-of-force policies, body cameras, an end to roving enforcement, and improved warrant procedures. While the White House has expressed a willingness to negotiate over some of these reforms, it has called others “nonstarters”.
- Leaders of ICE, CBP, and USCIS faced Congressional questions for the first time since the fatal shootings of two protestors in Minnesota last month. The DHS leaders defended the masking of their agents during enforcement operations while claiming that ICE presence at World Cup facilities this summer are necessary for safety and security. They also refused to address the recent murders by their officers by claiming they would not comment on pending investigations
- On Monday, a federal judge in Minnesota affirmed a previous Temporary Restraining Order (TRO) that blocked the continued detention of refugees in the state. The Trump Administration had used false claims of widespread fraud among refugees, especially those from Somalia, as a pretext to launch its invasion of Minnesota and began the warrantless detention of hundreds of refugees who had not yet been granted their green cards in order to reevaluate their claims. The original TRO had been issued on January 28th and was later extended to until February 25. The Trump Administration had asked the court to throw out the order or pause it pending appeal; the judge’s Monday decision was a rejection of this request.
- A federal judge in Boston blocked ICE from accessing tax-payer information from the IRS. The order, issued last Thursday, prohibits both the sharing of any additional information and also the use of any tax-payer data that the IRS has already shared with ICE due to violations of privacy protections contained in the Tax Act of 1976. Plaintiffs in the case include New Bedford-based Community Economic Development Center (CEDC). This is the second federal court to block such information sharing between ICE and the IRS; the first case will go before the appellate court in March.
- Earlier this week in California, a federal judge issued a mixed decision against two California laws passed in response to the Trump Administration’s immigration enforcement strategies. The court found that the “No Secret Police Act” discriminated against ICE officers by prohibiting them from wearing masks without including the same prohibition for state and local police. However, the court found that the “No Vigilantes Act” – which requires that non-uniformed law enforcement display IDs including name, agency, and badge number – could be enforced.
- In curious and confusing news, the Federal Aviation Administration on Wednesday suspended all flights in and around the El Paso area, extending into southeastern New Mexico. The 10 day suspension is supposedly for “special security reasons”, but the agency has provided no specifics. El Paso airport is already working to inform passengers of the 10-day shutdown.