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Supreme Court hears arguments over states’ attempts to defend Trump’s ‘public charge’ immigration policy – JURIST

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The US Supreme Court heard oral arguments Wednesday in a dispute over whether a group of states, led by Arizona, can intervene to uphold an immigration policy known as the “public charge” rule after the Biden administration would refuse to do so. office,” also known as 8 USC § 1182(a)(4)(A), the government may deny admission or adjustment to immigration status to noncitizens if they are likely to become public officials. Between 1999 and 2019, public charges were defined as people likely to receive cash assistance for income maintenance or institutionalization for long-term care at government expense. However, in August 2019, the Trump Administration issued a final rule further defining public office after the notice and comment rulemaking. The rule modified the definition of public charges to now mean that someone is more likely to receive at any time in the future one or more designated public benefits for more than 12 months total within 36 months. Rule change sparked discord in several states Several states sought preliminary injunctions in the 2nd, 4th, 7th and 9th circuits, alleging they were injured when non-citizens, confused by the rule’s implications, unnecessarily discharged themselves from state public benefits. The Ninth Circuit stayed the injunctions issued in its circuit, while the Second and Seventh Circuits denied the stays. In March 2021, the US Department of Homeland Security announced that it will no longer appeal court rulings barring the application of the 2019 rule. As a result, the Seventh Circuit granted the federal government’s motion to dismiss the Cook case. Countyv. Wolf, an enforcement-related case from 2019. This dismissal prompted the Department of Homeland Security to announce that the Cook County v. Wolf, which struck down the 2019 rule, would be in effect across the country and that the 1999 rule would prevail. In response to this, fourteen states collectively filed motions to intervene. , arguing that because the US announced its intuition to stop defending the rule and the cases were dismissed so abruptly after the announcements, the states were going to defend the rule themselves. The Fourth and Seventh Circuits dismissed all fourteen states’ motions, and the Department of Homeland Security issued a final rule eliminating the 2019 rule. In June, Arizona and twelve other states filed a writ of certiorari petition in the Supreme Court. The Court granted certiorari. During oral arguments Wednesday, several justices seemed concerned about the Biden Administration’s decision and the possibility that states will be left without additional options in an effort to defend the rule’s legitimacy. Justice Samuel Alito described the Biden Administration’s decision to remove the original challenge to the 2019 rule from the Supreme Court docket as “military precision.” He emphasized how “novel” the administration’s conduct was. Justice Elena Kagan seemed sympathetic to this idea, but she, too, was skeptical of allowing Republican-led states to intervene in the Ninth Circuit as a solution. Justices Sonia Sotomayor and Stephen Breyer also rejected the idea that Arizona and other Republican-led states had the right to intervene because, according to the justices, it does not affect them. Sotomayor emphasized that the injunctions the 9th Circuit upheld did not prevent the federal government from enforcing the 2019 rule in any of the states now seeking to intervene in the 9th Circuit. A decision in the case is expected in the summer.

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German court sentences 101-year-old former Nazi concentration camp guard to 5 years in prison – JURIST

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Germany’s Neuruppin Regional Court in Brandenburg on Tuesday convicted a 101-year-old former Nazi concentration camp guard of 3,518 counts of accessory to murder and sentenced him to five years in prison. Former SS guard Josef Schuetz was indicted for his involvement in the “execution by firing squad of Soviet prisoners of war in 1942” and for operating the gas chambers at the Sachsenhausen concentration camp. Josef denied all the alleged charges and claimed that he worked as a farm laborer near Pasewalk in northeast Germany. However, the court began the trial last year in October. Judge Udo Lechtermann noted that the defendant “voluntarily supported mass extermination” in his role. He further said: The court is satisfied that you worked as a guard in the concentration camp for about three years, despite your claims to the contrary. You saw how deported people were cruelly tortured and killed there every day for three years. Sachsenhausen saw 200,000 people imprisoned, with at least 30,000 deaths. Joseph is considered the oldest person to be convicted of Holocaust crimes. Previously, a 93-year-old former guard was convicted of 5,232 murders and a 95-year-old former field secretary was charged with 10,000 counts of accessory to murder, rulings pending. Joseph can appeal his sentence to the Federal Court of Justice within a week.

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UN Fact Finding Mission reports serious human rights violations in Libya – JURIST

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The UN Independent Fact Finding Mission (IFFM) on Libya reported Wednesday that Libyan authorities have committed crimes against humanity, war crimes and serious human rights violations under international law. The FFM was formed in June 2020 to document human rights violations in Libya and to ensure that those responsible are held accountable. FFM conducted 103 interviews with victims and witnesses during its investigation. FFM documented 27 places of detention in the eastern and western parts of Libya and reported that migrants were subjected to the “systematic use of prolonged arbitrary detention”, including the detention of thousands of migrants in secret and extra-legal prisons. The report highlights the atrocities of women facing sexual violence by human smugglers and smugglers for extorting money from their families and documents more cases of rape in places of detention or captivity in which migrant women are forced to have sex. to survive, in exchange for food or other essential goods. articles.FFM with the use of UNOSAT satellite image-based analysis documented the atrocities during the reign of the Al-Kaniyat militia in Tarhuna, Tripolitania region, and reported the discovery of new uncovered mass graves.Mohammad Aujjar, president of the FFM He said: The mission calls on the international community to support the relevant Libyan authorities in conducting prompt investigations, in accordance with international standards, into the alleged violations and bringing those responsible to justice. The goal is to end the prevailing impunity in the face of clear and persistent patterns of serious human rights violations, in many cases perpetrated by militia groups… Now more than ever, the Libyan people need a strong commitment to help bring peace and justice to his country, and establish a state based on the rule of law and human rights. The FFM published its first report on Libya in October 2022, and then published a follow-up report in March 2022.

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Two more charged for the death of 53 migrants in Texas – JURIST

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US authorities on Wednesday charged two additional suspects in the deaths of several dozen immigrants whose bodies were discovered in a truck in San Antonio, Texas, on Monday. These latest charges are in addition to charges filed Tuesday against two men suspected of involvement in the incident. The San Antonio Police Department discovered a truck carrying about 100 immigrants across the border on Monday. Piles of bodies were found inside the truck with the remaining victims collapsed next to it. In total, 39 men and 12 women died in the incident. Charges were filed Wednesday against the alleged truck driver, Homero Zamorano, as well as an alleged co-conspirator, Christian Martinez. Zamorano was charged with one count of alien smuggling resulting in death, while Martinez was charged with a single count of conspiracy to transport illegal immigrants. Given the incident’s status as the deadliest migrant smuggling incident on record in the United States, the US Department of Justice announced that if the defendants are convicted, they will face life in prison or capital punishment. Due to the incident, Republican Texas Governor Greg Abbott told reporters at a Wednesday news conference that the state will immediately begin additional truck checkpoints like the one found in San Antonio to prevent a recurrence. a similar tragedy.

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