Federal court authorizes congressional lawsuit against Trump’s border wall to continue

Lawsuit against Trump’s border wall: A federal court approved the continuation of a lawsuit by the House of Representatives started...

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  • Lawsuit against Trump’s border wall: A federal court approved the continuation of a lawsuit by the House of Representatives started in 2019
  • The unanimous decision overturns a lower court decision that had dismissed the lawsuit started by Democratic lawmakers.
  • However, this is what is expected to happen after this Friday’s decision

Lawsuit against Trump’s border wall: A federal court approved on Friday the continuation of the lawsuit that the House of Representatives initiated last year against the use of funds assigned to the Pentagon for the construction of a wall on the southern border of the United States, with which President Donald Trump intends stop illegal immigration.

In an unanimous decision, the US Court of Appeals for the District of Columbia threw out a lower court decision that had disregarded the lawsuit brought by Democratic lawmakers.

The construction of the wall along the 3,200-kilometer border and the payment of the work by Mexico were two of the most repeated promises by Trump in his 2016 presidential campaign, but so far has only about 500 kilometers of fences, and Mexico hasn’t paid a penny.

In February 2019, after a lengthy budget dispute that included a partial shutdown of the federal government, Congress approved $1.38 billion for fencing in southeast Texas, well below the funding Trump had requested.

In order to carry out the tasks, Trump declared that there was a “national emergency” with the arrival of thousands of migrants to the border, and said that he would use 601 million dollars from the fund where the Treasury Department deposits seized assets, plus 2,500 million dollars allocated by Congress for the Pentagon and 3.6 billion dollars allocated for military construction projects.

The plaintiffs recalled that the Constitution gives the House of Representatives authority to allocate funds, and claimed that Trump had exceeded his powers.

The Court of Appeals ruled that the House had been “deprived of its constitutionally indispensable legislative role” when Trump transferred some $8 billion for the construction of barriers at the border.

The authority of the Congress in the allocation of expenses “is a central structural protection of the Constitution, a wall so to speak, between the branches of the Government to prevent the diminution of the ‘power of the wallet’ of the House and the Senate”, indicated the three judges.

With this decision, the case returns to the Federal District judge, Trevor McFadden, appointed by Trump, who had ruled in April of last year that Congress lacked the authority to initiate the complaint.

Legislators condemn unnecessary surgeries at immigration detention sites

More than 170 members of the House of Representatives on Friday proposed a resolution condemning unnecessary and non-consensual medical procedures, including hysterectomies, in immigration detention centers where the government holds more than 20,000 people.

“We must get answers from the Department of Homeland Security,” said Rep. Sylvia Garcia, a Texas Democrat and one of the sponsors of the resolution.

Immigration and Customs Enforcement (ICE) indicated that Georgia gynecologist Mahendra Amin no longer cares for detained immigrants after a nurse reported that some female prisoners at the Irwin County Detention Center in Georgia had been subjected to to the removal of the uterus without having requested it or without understanding what it was about.

García will be part of a delegation of eight members of the Hispanic Caucus, led by Joaquín Castro, from Texas, who will visit the detention center located in Ocilla, Georgia, on Saturday. Three members of the Judicial Committee of the House of Representatives will also participate in the visit.

In a statement, ICE said it “vehemently disputes the implication that detainees are used for experimental medical procedures,” but the agency did not comment further pending an investigation by its inspector general.

The proposed resolution notes that “there is a shameful history in the United States of African Americans, Native Americans, people of color, immigrants, poor people, and people with disabilities undergoing medical procedures without their informed consent.”

“Thirty-two states passed eugenics and sterilization laws that resulted in the sterilization of 60,000 to 70,000 people,” he added.

Filed Under: Lawsuit Against Wall

The motion demands that the Department of Homeland Security seek a second opinion from an independent medical professional, and “immediately comply with all investigations and background requests related to the Irwin center.”

Visiting Rep. Pramila Jayapal, a Democrat from Washington, has called for a congressional investigation into the situation in Irwin, where there may be “at least 17 to 18 women” who underwent unnecessary gynecological procedures, “often without consent or appropriate knowledge, and with the clear intention of sterilization ”.

Following the visit on Saturday morning, the delegation plans to hold a telephone press conference “to share with the public” the findings of the inspection at that jail, located south of Atlanta.

Lawmakers said in a statement that the situation experienced by undocumented immigrants in ICE custody represents a priority for them and that since the beginning of the COVID-19 pandemic they have inspected detention centers in Texas and Nevada and alerted them to the spread of the viruses in those facilities.

“The Hispanic Caucus and the House Judiciary Committee will continue to work to stop the spread of COVID-19 within ICE facilities and to hold government agencies like ICE accountable for any abuse committed against the immigrants in their care,” they added.

Filed Under: Lawsuit Against Wall

The post Federal court authorizes congressional lawsuit against Trump wall to continue appeared first on Hispanic World.