U.S.

The plan could shield as many as 5 million immigrants illegally living in the U.S. from deportation

(NEW ORLEANS) — A federal appeals court refused Tuesday to lift a temporary hold on President Barack Obama’s executive action that could shield as many as 5 million immigrants illegally living in the U.S. from deportation.

The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse a Texas judge who agreed to temporarily block the president’s plan in February, after 26 states filed a lawsuit alleging Obama’s action was unconstitutional. But two out of three judges on a court panel voted to deny the government’s request.

It wasn’t immediately clear if the government would appeal, either to the full appeals court in New Orleans or to the U.S. Supreme Court.

The states suing to block the plan, led by Texas, argue that Obama acted outside his authority and that the changes would force them to invest more in law enforcement, health care and education. But the White House has said the president acted within his powers to fix a “broken immigration system.”

U.S. District Judge Andrew Hanen sided with the states and, from his court in Brownsville, Texas, issued a temporary injunction on Feb. 16 to block the plan from taking effect while the lawsuit works its way through the courts.

Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department’s ability to protect the U.S. and secure the nation’s borders. They also said immigration policy is a domain of the federal government, not the states.

But, in Tuesday’s ruling, 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the stay, saying in an opinion written by Smith, that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson dissented.

Obama announced the executive action in November, saying lack of action by Congress forced him to make sweeping changes to immigration rules on his own. Republicans said Obama overstepped his presidential authority.

The first of Obama’s orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to take effect Feb. 18. The other major part, extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, had been scheduled to begin May 19.

Hanen issued his injunction believing that neither action had taken effect. But the Justice Department later told Hanen that more than 108,000 people had already received three-year reprieves from deportation as well as work permits. Hanen said the federal government had been “misleading,” but he declined to sanction the government’s attorneys.

The Justice Department has also asked the 5th Circuit to reverse Hanen’s overall ruling that sided with the states. A decision on that appeal, which will be argued before the court in July, could take months.

Along with Texas, the states seeking to block Obama’s action are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.

New agreement with Justice Department would curtail use of excessive force, and encourage a more diverse police department

The Cleveland Police Department agreed Tuesday to strict, legally binding new regulations, after a Justice Department probe found it had regularly used unnecessarily excessive force.

The department agreed to close oversight from an independent monitor, pledged to overhaul its use of force regulations, and said it would develop a recruitment policy to attract a more diverse force. The city will also create a Community Police Commission, made up of representatives from across the community as well as police representatives.

The new agreement with the DoJ, which will be enforceable in court, is the response to the Justice Department investigation begun in 2013, which concluded in December that the Cleveland Police Department regularly engaged in a pattern of excessive force.

“The Department of Justice is committed to ensuring that every American benefits from a police force that protects and serves all members of the community,” said Attorney General Loretta E. Lynch in a statement. “The agreement we have reached with the city of Cleveland is the result of the hard work and dedication of the entire Cleveland community, and looks to address serious concerns, rebuild trust, and maintain the highest standards of professionalism and integrity.”

U.S. Attorney Steven M. Dettelbach of the Northern District of Ohio said he thinks this agreement can serve as “an example of what true partnership and hard work can accomplish – a transformational blueprint for reform that can be a national model for any police department ready to escort a great city to the forefront of the 21st Century.”

The announcement comes in the wake of widespread unrest in Cleveland following the acquittal of Michael Brelo, a Cleveland police officer who was charged with manslaughter after he climbed on the roof of an unarmed black couple’s car and fired at least 15 shots at close range, killing them both.

In total, Brelo and his fellow officers fired more than 100 shots in eight seconds at Timothy Russell and Malissa Williams after pursuing them in a high-speed chase for 22 miles. After the verdict was announced Saturday, protestors took to the streets of Cleveland, demanding justice and reform.

12 people remained missing as of Tuesday

Safety officials have been recommending cameras for years

Amtrak said Tuesday it would install inward-facing cameras on locomotive cabs after a train derailment earlier this month killed 8 people and wounded about 200 others.

The cameras, which the National Transportation Safety Board has been recommending for years, would record the actions of train engineers and could help explain accidents like the one on May 12. Trains currently have black boxes and outward-facing cameras, but neither record the actions of the people driving the train. The NTSB has been recommending sound recorders in locomotive cabs since the 1990s, the Associated Press reports, and five years ago added that there should be video recorders as well. Amtrak will start by equipping 70 trains that service the Northeast Corridor, with 38 cameras installed by the end of the year.

Northeast Regional train 188 was speeding at 106 mph around a curve where the speed limit was 50 mph when it derailed. Brandon Bostian, the train’s engineer, has said through his lawyer that he has no recollection of the crash, possibly because of a concussion he sustained when he hit his head.

“Inward-facing video cameras will help improve safety and serve as a valuable investigative tool, ” Amtrak President & CEO Joe Boardman said in a statement. “We have tested these cameras and will begin installation as an additional measure to enhance safety.”

May has been the city's deadliest month since 1999

At least 28 people were shot in Baltimore this weekend and nine of them were killed, making May the city’s deadliest month this century.

Police say the nine fatal shootings over the weekend brought the total number of killings in Baltimore to 35 since May 1. That means more people have been killed in Baltimore this May than in any month since 1999, the Baltimore Sun reports. Those who were injured in shootings this weekend include a 9-year old boy shot in the leg and a teenager shot in the arm.

Full details are still emerging, with Baltimore CBS News saying 28 people were shot, while the Sun counts 29. “The shootings and killings are all over the city. I don’t think any part of the city is immune to this,” City Councilman William “Pete” Welch told the Sun. “I’ve never seen anything like it.” Mayor Stephanie Rawlings-Blake’s spokesman said she was “disheartened and frustrated by this continuing violence, particularly when you think about the progress that the city has made.”

Community relations with police have been strained in Baltimore since the April 12 death of Freddie Gray, whose spine was severed in police custody. Protests erupted after Gray’s death, resulting in strained altercations between Baltimore residents and police officers. Earlier this month, six Baltimore police officers were indicted in Gray’s death.

[Baltimore Sun]