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Bishop welcomes federal court ruling against President Trump’s refugee ban

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WASHINGTON — The chairman of the U.S. bishops’ Committee on Migration welcomed a federal appeals court ruling that upheld a temporary restraining order against President Donald Trump’s travel ban on refugees from seven predominantly Muslim countries that also temporarily suspended the country’s refugee resettlement program.

Syrian refugee Baraa Haj Khalaf and her daughter, 1-year-old Shams, wave after arriving Feb. 7 at O'Hare International Airport in Chicago. (CNS photo/Kamil Krzaczynski, Reuters)

Syrian refugee Baraa Haj Khalaf and her daughter, 1-year-old Shams, wave after arriving Feb. 7 at O’Hare International Airport in Chicago. (CNS photo/Kamil Krzaczynski, Reuters)

“We respect the rule of law and the American judicial process. We remain steadfast in our commitment to resettling refugees and all those fleeing persecution,” Bishop Joe S. Vasquez of Austin, Texas, said in a statement Feb. 10.

“At this time we remain particularly dedicated to ensuring that affected refugee and immigrant families are not separated and that they continue to be welcomed in our country,” the statement said.

The bishop pledged that church agencies would continue to welcome people “as it is a vital part of our Catholic faith and an enduring element of our American values and traditions.”

In a decision issued late Feb. 9, a three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously rejected the government’s argument to lift the freeze on the president’s order and maintained that the court had jurisdiction in the case as a check on executive power.

Trump had argued that his order was a matter of national security and that the courts had no claim to adjudicate the issue.

The panel ruled otherwise saying that such an argument “runs contrary to the fundamental structure of our constitutional democracy.”

Further, the judges said, “although courts owe considerable deference to the president’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”

The administration is expected to file an appeal with the U.S. Supreme Court.

Trump said in a posting on Twitter minutes after the ruling was released: “see you in court, the security of our nation is at stake!”

He later told reporters that the judges had made “a political decision.”

The case was filed by the state of Washington, which argued that Trump’s order was unconstitutional because it discriminated against Muslims and that state agencies were harmed because students and employees were barred from re-entering the country. The state of Minnesota subsequently joined the lawsuit.

U.S. District Court Judge James Robart of Seattle halted Trump’s travel ban Feb. 3 by granting a temporary restraining order.

Several lawsuits have been filed challenging Trump’s Jan. 27 executive order that suspended the entire U.S. refugee resettlement program for 120 days and banned entry of all citizens from seven majority-Muslim countries — Syria, Iraq, Iran, Sudan, Libya, Yemen and Somalia — for 90 days.

Another clause in the order established religious criteria for refugees, proposing to give priority to religious minorities over others who may have equally compelling refugee claims.

In its 29-page ruling, the appeals court said the administration’s lawyers had provided no evidence that refugees from the seven countries named in the ban posed a national security threat through terrorism.

The judges also wrote that the government had not shown Trump’s order provides any avenue for those restricted from traveling to the U.S. to appeal the decision or seek a hearing to present their reasons for entering the country. The decision said that earlier court cases had determined that the protections established under the due process clause in the Constitution’s Fifth Amendment “apply to all ‘persons’” within the U.S. including aliens whose presence is “lawful, unlawful, temporary or permanent” as well as to people attempting to reenter the U.S. after traveling.

The court also considered the public’s interest in the case and determined that the public “has an interest in the free flow of travel, in avoiding separation of families and in freedom from discrimination.”

 

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Trump’s move to build border wall will ‘tear families apart,’ bishop warns

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Catholic News Service

WASHINGTON — The chairman of the U.S. bishops’ Committee on Migration criticized President Donald Trump’s executive memorandum to construct a wall along the U.S.-Mexico border, saying it would “put immigrant lives needlessly in harm’s way.”

Bishop Joe S. Vasquez of Austin, Texas, chairman of the U.S. bishops’ Committee on Migration, also criticized Trump’s memorandum on a surge in immigrant detention and deportation forces, saying it would “tear families apart and spark fear and panic in communities.”

A photo taken in 2016 shows a newly built section of the U.S.-Mexico border wall at Sunland Park, N.M., opposite the Mexican border city of Ciudad Juarez, Mexico. President Donald Trump enacted two executive memorandums to deal with security, including one that calls for construction of a wall along the U.S.-Mexico border. (CNS photo/Jose Luis Gonzalez, Reuters)

A photo taken in 2016 shows a newly built section of the U.S.-Mexico border wall at Sunland Park, N.M., opposite the Mexican border city of Ciudad Juarez, Mexico. President Donald Trump enacted two executive memorandums to deal with security, including one that calls for construction of a wall along the U.S.-Mexico border. (CNS photo/Jose Luis Gonzalez, Reuters)

Trump signed the two executive memorandums on national security Jan. 25 during a visit to the Department of Homeland Security.

Earlier, White House press secretary Sean Spicer said the wall, a cornerstone of Trump’s election campaign, would “stem the flow of drugs, crime and illegal immigration” along the southern border. He also said Trump’s top priority was the nation’s security.

But hours later, Bishop Vasquez issued a statement saying that construction of the wall would “make migrants, especially vulnerable women and children, more susceptible to traffickers and smugglers. Additionally, the construction of such a wall destabilizes the many vibrant and beautifully interconnected communities that live peacefully along the border.

“Instead of building walls, at this time, my brother bishops and I will continue to follow the example of Pope Francis. We will ‘look to build bridges between people, bridges that allow us to break down the walls of exclusion and exploitation.’”

During a February 2016 visit to Mexico, Pope Francis traveled to the U.S. border at Ciudad Juarez and pleaded for the plight of immigrants. He said those who refuse to offer safe shelter and passage were bringing about dishonor and self-destruction as their hearts hardened and they “lost their sensitivity to pain.”

Bishop Vasquez said the bishops respected the government’s right to control its borders and to ensure the safety of all Americans, but said, “We do not believe that a large-scale escalation of immigrant detention and intensive increased use of enforcement in immigrant communities is the way to achieve those goals. Instead, we remain firm in our commitment to comprehensive, compassionate, and common-sense reform.”

He said the new policies would “make it much more difficult for the vulnerable to access protection in our country. Every day my brother bishops and I witness the harmful effects of immigrant detention in our ministries. We experience the pain of severed families that struggle to maintain a semblance of normal family life. We see traumatized children in our schools and in our churches. The policies announced today will only further upend immigrant families.”

“We will continue to support and stand in solidarity with immigrant families. We remind our communities and our nation that these families have intrinsic value as children of God. And to all those impacted by today’s decision, we are here to walk with you and accompany you on this journey,” Bishop Vasquez said.

At the Jan. 25 White House briefing, Spicer reiterated that Mexico would end up paying for construction of the wall. He said Trump would work with Congress on finding money to pay for the construction, noting, “there are a lot of funding mechanisms that can be used.”

Trump’s second executive memorandum also directed John F. Kelly, secretary of homeland security, to look at how federal funding streams can be cut for cities and states that illegally harbor immigrants. Spicer said the so-called “sanctuary cities” create a problem for taxpayers.

“You have American people out there working” and their tax funds are sent to places that do not enforce the law, he said.

The executive memorandums did not address the issue of DACA, the Deferred Action for Childhood Arrivals program, nor did they discuss emigration from the Middle East, which Spicer said would be addressed later in the week.

In 2006, President George W. Bush signed the Secure Fence Act, which authorized several hundred miles of fencing along the 2,000-mile U.S. frontier with Mexico. The Associated Press reported that legislation led to the construction of about 700 miles of various kinds of fencing designed to block both vehicles and pedestrians, primarily in Texas, New Mexico, Arizona and California. It said the final sections were completed after President Barack Obama took office in 2009.

AP reported that a 1970 treaty with Mexico requires that structures along the border cannot disrupt the flow of rivers that define the U.S.-Mexican border along Texas and 24 miles in Arizona.

The PICO National Network, the largest network of congregations and faith-based groups in the country, including Catholics, challenged the executive memorandum on sanctuary cities.

“Retaliating against local communities because they refuse to follow immoral policies is part of an emerging pattern of President Trump of not only bullying people who dare to disagree with him, but isolating and further marginalizing people who are different than him,” said Eddie Carmona, campaign director for PICO National Network’s LA RED campaign. “Such behavior is inconsistent with the long-held notion that America was a place of opportunity for all.”

Sister Simone Campbell, a Sister of Social Service and executive director of Network, a Catholic social justice lobbying organization, called the presidential orders “antithetical to our faith.”

“When Nuns on the Bus visited the U.S.-Mexico border in 2014, we walked along the wall and listened to the stories of communities that have been torn apart for decades. That is the reality experienced by border communities: The wall is there and it affects the daily life and commerce of the people.

“Federal appropriations for border security have grown to $3.8 billion in FY2015, from $263 million in FY1990, and fencing exists for hundreds of miles along our southern border,” she said in a statement.

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Catholic leaders call on Congress to increase humanitarian aid in budget

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BALTIMORE — The head of Catholic Relief Services and the chairmen of two U.S. bishops’ committees have urged congressional leaders to approve additional funding for humanitarian relief and recovery operations as part of a comprehensive budget measure for fiscal 2017.

The Catholic leaders wrote a letter Nov. 28 in support of a request by the Obama administration for Overseas Contingency Operations funds to address the growing needs of those forced to flee their homes because of natural disasters around the world or as a result of the ongoing fight against Islamic State militants.

A damaged statue of Mary is seen in a church in Qaraqosh, Iraq, Nov. 25. (CNS photo/Goran Tomasevic, Reuters)

A damaged statue of Mary is seen in a church in Qaraqosh, Iraq, Nov. 25. (CNS photo/Goran Tomasevic, Reuters)

They urged action before the Dec. 9 deadline that Congress faces on the federal budget. The government is funded through that date because of a continuing resolution the House passed, and President Barack Obama signed, at the end of September to avoid a government shutdown.

“More than 50,000 people have already fled Mosul, joining the approximately 3.3 million Iraqis who have been internally displaced since ISIS began occupying parts of Iraq in 2014,” stated the letter, released by Baltimore-based CRS Nov. 29. “(We) believe that as the world’s wealthiest nation, we have an obligation to help the innocent who fall victim to war, to protect the marginalized and to lift people out of poverty.”

It was signed by Carolyn Woo, outgoing president and CEO of CRS, the U.S. bishops’ overseas relief and development agency; Bishop Joe S. Vasquez of Austin, Texas, chairman of the U.S. Conference of Catholic Bishops’ Committee on Migration; and Bishop Oscar Cantu of Las Cruces, New Mexico, chairman of the USCCB Committee on International Justice and Peace.

Addressing the House and Senate Subcommittees on State, Foreign Operations and Related Programs, the Catholic leaders also pointed to increased suffering in other places besides Iraq, such as Southern Africa, which is suffering a severe drought.

They also named South Sudan, the Central African Republic and the Lake Chad Basin, a region that comprises parts of Cameroon, Chad, Niger and Nigeria. Ongoing violence and military conflicts in those places have displaced whole populations and exacerbated food insecurity, resulting in acute malnourishment for many. According to a recent report from the U.S. Agency for International Development, an estimated 9.2 million people, primarily in northeastern Nigeria, require humanitarian assistance.

Additional funding from Congress, the Catholic leaders said, will help ensure CRS can continue to respond “to crises like these that don’t make the headlines.”

They acknowledged Congress’ steadfast commitments to humanitarian and development needs around the globe” and urged lawmakers to incorporate the administration’s amendment request for humanitarian relief and recovery activities” in their final appropriations bill.

September’s short-term measure included full funding for military construction and Veterans Affairs for the new fiscal year, but left undecided were 11 remaining annual appropriations bills for various federal agencies.

Woo and Bishops Vasquez and Cantu praised the current proposals before Congress for funding “key humanitarian accounts” — $3.2 billion for Migration and Refugee Assistance; $2.8 billion for International Disaster Assistance; $1.6 billion for Food for Peace; and $60 million for Emergency Refugee and Migrant Assistance.

But they asked Congress also appropriate new Overseas Contingency Operations funds. The Obama administration has requested $14.9 billion.

“We urge you to respond generously to the administration’s request of Nov. 11 for additional humanitarian and recovery assistance,” they wrote.

“As we have already learned in Iraq, individuals, communities, and countries divided by war face significant challenges amidst their suffering,” Woo and the bishops continued. “They must rebuild their communities, and establish inclusive governance that protects majorities and minorities.

“We must provide them with humanitarian help and durable solutions to their plight because it’s the right thing to do, and because their security and prosperity is critical to the stability of the entire region,” they added.

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