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Supreme Court Slaps Stay Order on Ruling Demanding Biden Re-Start Trump’s ‘Remain in Mexico’ Policy

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As part of a reversal of predecessor Donald Trump’s hardline immigration policies, shortly after assuming office President Joe Biden in June formally scrapped the “Remain in Mexico” programme, which required immigrants seeking asylum status in the US to wait in Mexico before being summoned for their hearings.

A decision demanding that the Joe Biden administration reinstate a Trump-era immigration policy has been put on hold until 11:59 p.m. 24 August by the US Supreme Court, reported CNN.

Federal district judge Matthew Kacsmaryk – an appointee of then-president Donald Trump – on Friday ruled in favor of Texas and Missouri against the Biden administration in their lawsuit over the termination of the Migrant Protection Protocols (commonly referred to as the “Remain in Mexico” policy).

The policy was to be reinstated on August 20, as it was determined that the Biden administration had violated the Administrative Procedure Act and a part of the immigration laws called Section 1225 when it cancelled Remain in Mexico in June this year.

However, the Justice Department appealed and the US Court of Appeals for the Fifth Circuit denied their request to stay the order. The Biden administration then filed a request with the Supreme Court, arguing that the district court judge’s order should be put on hold until the appeal has been heard in the 5th Circuit and, potentially, the Supreme Court.

“(A)llowing the district court’s erroneous and extraordinary injunction to take effect before this Court has been able to undertake plenary review would result in irreparable harm to the government that far outweighs any harm to respondents from a stay. MPP has been rescinded for 2.5 months, suspended for 8 months, and largely dormant for nearly 16 months,” the filing by the Biden administration read.

Now the states that are challenging Biden’s reversal of the policy requiring migrants to wait in Mexico while seeking asylum in the US are required to respond to the administration’s request by 5 p.m. Tuesday.
Mexico would have to play its part if the programme were to be revived, as it was on the receiving end of the migrants when it was in place.

In acknowledgement of that, the Fifth Circuit Court said:

“The injunction only requires good faith on the part of the United States — if the Government’s good-faith efforts to implement MPP are thwarted by Mexico, it nonetheless will be in compliance with the district court’s order, so long as it also adheres to the rest of the statutory requirements.”

‘Remain in Mexico’

The Remain in Mexico programme, dating to late 2018, was the centrepiece of the Trump administration’s efforts to deter migration to the US southern border. Donald Trump had touted it as ending “catch-and-release”, which saw migrants released into the US. Critics, however, slammed the policy as cruel and endangering migrants.
The onslaught of the COVID-19 pandemic forced the practice to be scaled back. The Centers for Disease Control and Prevention granted border officials emergency powers to expel unauthorised migrants without allowing them to file for asylum.


©
REUTERS / Jose Luis Gonzalez

Migrants from Central America are detained by U.S. Customs and Border Protection (CBP) agents, in New Mexico

The public health order, known as Title 42, was taken up by the administration of Joe Biden after the Democrat took the Oath of Office in the wake of his triumph over Trump in the November 2020 presidential elections.

However, Biden suspended the Remain in Mexico programme on the day of his inauguration. Some 13,000 asylum-seekers previously subjected to the Remain in Mexico policy have been allowed into the US to continue their court proceedings since then, according to government data.

In June, DHS Secretary Alejandro Mayorkas signed the formal termination of the MPP rule, saying “any benefits the programme may have offered are now far outweighed by the challenges, risks, and costs that it presents”.

In April, Texas and Missouri sued the Biden administration, arguing that reversing the policy encouraged migrants and therefore fuelled the crisis at the US-Mexico border, inflicting costs on the states.

Illegal crossings on the US southern border have hit a 20-year high under Joe Biden. In July, 210,000 migrant encounters were registered on the border, according to government data, pushing the total for the previous twelve months to over 1.4 million.



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Climate crisis leaving ‘millions at risk of trafficking and slavery’ | Global development

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Millions of people forced to leave their homes because of severe drought and powerful cyclones are at risk of modern slavery and human trafficking over the coming decades, a new report warns.

The climate crisis and the increasing frequency of extreme weather disasters including floods, droughts and megafires are having a devastating effect on the livelihoods of people already living in poverty and making them more vulnerable to slavery, according to the report, published today.

Researchers from the International Institute for Environment and Development (IIED) and Anti-Slavery International found that drought in northern Ghana had led young men and women to migrate to major cities. Many women begin working as porters and are at risk of trafficking, sexual exploitation and debt bondage – a form of modern slavery in which workers are trapped in work and exploited to pay off a huge debt.

Boys at lathes turning aluminium pots
Children working in an aluminium pot factory in Dhaka, Bangladesh. Up to 85 million children work in hazardous jobs around the world. Photograph: NurPhoto/Getty

One woman, who migrated to Accra from northern Ghana, used to farm until the land was ruined by flooding and she was forced to move. For seven years she has worked as a porter (kayayie), carrying items on her head.

She said: “Working as a kayayie has not been easy for me. When I came here, I did not know anything about the work. I was told that the woman providing our pans will also feed us and give us accommodation. However, all my earnings go to her and only sometimes will she give me a small part of the money I’ve earned.”

She dropped a customer’s items once and had to pay for the damage, which she could not afford. The woman in charge paid up on condition that she repay her. She added: “I have been working endlessly and have not been able to repay.”

A woman from Bangladesh
A woman from the Sundarbans in Bangladesh, who moved to Kolkata after a cyclone to support her family. Now she cannot return to home without her employer’s permission. Photograph: Somnath Hazra

In the Sundarbans, on the border between India and Bangladesh, severe cyclones have caused flooding in the delta, reducing the land available for farming. With countries in the region tightening immigration restrictions, researchers found that smugglers and traffickers operating in the disaster-prone region were targeting widows and men desperate to cross the border to India to find employment and income. Trafficking victims were often forced into hard labour and prostitution, with some working in sweatshops along the border.

Fran Witt, a climate change and modern slavery adviser at Anti-Slavery International, said: “Our research shows the domino effect of climate change on millions of people’s lives. Extreme weather events contribute to environmental destruction, forcing people to leave their homes and leaving them vulnerable to trafficking, exploitation and slavery.”

The World Bank estimates that, by 2050, the impact of the climate crisis, such as poor crop yields, a lack of water and rising sea levels, will force more than 216 million people across six regions, including sub-Saharan Africa, south Asia and Latin America, from their homes.

The report is a stark warning to world leaders in advance of the Cop26 UN climate summit in Glasgow in November and calls on them to make sure efforts to address the climate emergency also tackle modern slavery. The report says labour and migrant rights abuses are disregardedin the interests of rapid economic growth and development.

Ritu Bharadwaj, a researcher for the IIED, said: “The world cannot continue to turn a blind eye to the forced labour, modern slavery and human trafficking that’s being fuelled by climate change. Addressing these issues needs to be part and parcel of global plans to tackle climate change.”

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Putin faces test of popularity in Russian election

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Russians head to the polls on Friday for parliamentary elections in a test of authority for president Vladimir Putin, whose United Russia party is polling at a near-historic low of just 30 percent. There are few legitimate international observers, after the ODIHR, a Warsaw-based European monitoring body, declined to go because authorities refused to give them proper access. But some pro-Russian MEPs, such as France’s Thierry Mariani, are going anyway.

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‘It helped me get away from crime’: Cape Town’s College of Magic – a photo essay | Global development

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To fans of JK Rowling’s books, the story may sound somewhat familiar: a young boy living in difficult circumstances is enrolled in a mysterious school far from home, where his life is changed for ever by the transformative power of magic.

Anele Dyasi’s story is no fairytale, though, and the school in question is not Hogwarts, but the College of Magic in Cape Town, a unique institution that has been training some of the continent’s most skilled illusionists since the 1980s.

Confetti falls on performers from College of Magic at the end of a show at the Artscape theatre centre, Cape Town.
Jugglers from the College of Magic.
Emilie van den Hooyen, a performer and student at the College of Magic, has her face painted before a performance at the Artscape theatre centre.
Ayabonga Tshofui, a College of Magic student, has his face painted before a performance at the Artscape theatre centre.

Dyasi, who grew up in the sprawling township of Khayelitsha, where violent crime is rife and opportunities are few and far between, was 10 when the college began to train him in the ways of magic and sleight of hand. Within four years he was representing South Africa at magic competitions as far afield as Las Vegas and Beijing and had become a role model for a new generation of budding magicians.

Anele Dyasi.

“I think of it more as a college of life,” says Dyasi, now 23, and a teacher at the college. “It helped me get away from the crime and gangsterism.”

Dyasi says the most important things he learned in his six years as a student at the college had less to do with magic and more to do with self-confidence and effective communication: skills that he feels have left him in a good position to face life’s challenges.

Deyna Viret, a College of Magic student, practises a juggling routine in her dressing room ahead of a show at the Artscape theatre centre.
Illusionist Khanya Rubushe, a College of Magic student, before a performance at the Artscape theatre centre.

On this particular Saturday, clad in a flamboyant polka-dot blazer over a plain white T-shirt, he is teaching closeup card magic to a class of fifth-year students who scrutinise every move of his fingers as they try to figure out the trick. Outside the window, younger students are juggling with batons and doing circuits around the car park on unicycles.

Students practise outside the college

Less research has been done on the educational benefits of learning magic than other performing arts such as music, dance or circus. But the studies that do exist have linked it to physical and psychological benefits such as improved focus, a greater ability to solve problems and think laterally, better interpersonal skills, increased self-worth and an enhanced aptitude for teamwork.

David Gore, founder and director of the College of Magic.

“When we started out we never thought of all the spin-off benefits,” says David Gore, founder and director of the college. “We didn’t realise just how powerful magic was as a tool.”

The college’s students frequently give public performances at local venues, and Gore says he has observed how, within a matter of months, first-year students who arrived at the college shy and recalcitrant routinely end up being confident enough to perform on stage in front of hundreds of strangers.

Anele Dyasi enters the college dove coop

  • Above: Anele Dyasi enters the college’s dove coop. Right: students help each other prepare for a performance
    Below: a box of diabolos, batons and other juggling props, and face paints

College of Magic students Emilie van den Hooyen and Maelle Oudejans help each other get ready for a performance at the Artscape theatre centre.
Equipment used in magical and circus tricks lies in a box at the College of Magic.
Face paints on a table backstage during a performance.

Gore was just 19 when he and a colleague marched into the offices of a local newspaper wearing top hats and tailcoats and announced that they were starting a school for magicians. The newspaper published a story and before long 34 children had signed up. In the 40 years since, several thousand more students have come and gone through the hallways of the ramshackle Victorian mansion that houses the college.

A student juggles outside the college.
Students leave a classroom with walls covered with posters of illusionists.
Magic students walk downstairs after class.
Puppets, photographs and posters on the walls of the college

Built in the late 1800s, the building has a distinctively Hogwarts-esque feel, replete with crooked staircases, secret doorways hidden behind bookshelves, and a special enclosure for the rabbits and doves occasionally used in performances.

“It’s a lot more fun than my other school,” says Duma Mgqoki, a fourth-year student and aspiring magician, who says he enjoys wowing the other children in his neighbourhood with the tricks he learns at the college.

Duma Mgqoki practices a card trick.

While many of the college’s alumni have careers in magic and its associated arts, performing at children’s parties or corporate functions, or becoming TV entertainers, others say the college helped prepare them for a range of non-magical careers.

“Growing up, I went through a lot of trauma and depression. But here I felt free,” says Anela Gazi, a recent graduate of the college from Mfuleni township, who is starting her own shoe-cleaning company.

“This place prepared me for everything. It made me grow. It made me strong. I didn’t even know I could become the person I am now,” she says.

Anela Gazi.

  • ‘This place prepared me for everything. It made me grow. It made me strong,’ says Anela Gazi, a recent graduate

At the college, students from some of the city’s most underprivileged townships are learning alongside others from the wealthiest suburbs.

Twenty-seven years after the end of apartheid, Cape Town remains one of the world’s most divided cities, and many schools, indeed whole neighbourhoods, offer little in the way of ethnic diversity.

Students attend class.

“We believed what we were offering should be available to everyone, and we did that from day one,” says Gore, who flouted the laws of the apartheid regime in the 1980s by insisting on teaching multiracial classes.

The college operates as a nonprofit organisation, and helps to find sponsors to cover the fees of those who could not otherwise afford the courses. It also arranges transport to enable those from more distant areas to attend.

Performers from the College of Magic at the Artscape theatre centre, Cape Town.

“This is the rainbow nation,” says Dyasi after his class, pointing up at the building behind him. “We don’t judge each other here. Everyone is here to achieve the same thing: to become better magicians. It brings out the best in everyone.”

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