October, 07 2008, 12:03pm EDT
Attorney General to Reconsider Rules Protecting Immigrants From Lawyers' Mistakes
NEW YORK
In a radical departure from years of legal precedent, Attorney General Michael Mukasey is considering ending the practice of allowing immigrants to reopen cases that they lost because of their lawyers' mistakes or incompetence. Mukasey announced that he was considering the issue late this summer and then imposed the unrealistic deadline of October 6 for interested parties to submit briefs, preventing organizations opposing the change, including the American Civil Liberties Union and the American Bar Association (ABA), from providing a meaningful response.
"It is remarkable that the attorney general would refuse to give the legal community sufficient time to respond to a change that would so dramatically break from fairness and due process," said ACLU Immigrants' Rights Project Deputy Director Lee Gelernt. "There is absolutely no reason why the justice system should penalize anyone, including immigrants, for the harm done by incompetent or unscrupulous attorneys."
On August 7, Mukasey instructed that any briefs responding to the proposed reversal of the "ineffective assistance" right be submitted by Sept. 15. After many organizations and lawyers protested that this provided insufficient time to respond to such major legal and policy issues, he extended the deadline a scant three more weeks.
Though the U.S. Department of Justice has also proposed new rules that would give the department more latitude to punish incompetent immigration lawyers, organizations from the entire range of the political spectrum say that penalizing attorneys is not a substitute for the right to competent counsel.
"It can never be considered a fair process when you lose your case because your lawyer missed a deadline or made some other egregious error," said Gelernt. "Punishing your lawyer does nothing for you while you're on your way to being deported."
Mukasey's orders as well as letters to Mukasey from the ACLU, ABA, the American Immigration Law Foundation and numerous partners at some of the country's most prestigious law firms opposing the change or objecting to insufficient time allotted for submitting briefs are available online at: www.aclu.org/immigrants/gen/37064res20081007.html
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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Montanans Launch Push to Get Abortion Rights on November Ballot
"With 2024 shaping up to be the biggest year ever for abortion on the ballot, it is critical that Montanans can make their voices heard on this issue."
Apr 17, 2024
As abortion continues to dominate this year's state and federal political contests, Montanans Securing Reproductive Rights on Tuesday launched a signature collection drive to get a citizen-initiated state constitutional amendment on the November ballot.
Since the right-wing U.S. Supreme Court reversedRoe v. Wade with Dobbs v. Jackson Women's Health Organization nearly two years ago, Republican state lawmakers have ramped up efforts to further restrict abortion care—and voters, including residents of red states, have responded by protecting reproductive freedom when weighing in on related ballot measures.
With little hope that the divided Congress will restore nationwide abortion rights, ballot initiatives for the 2024 cycle are ongoing in various states, from Arizona and Florida to Montana, where "a yes vote on Ballot Issue #14 will keep the government out of our personal lives," as the Montanans Securing Reproductive Rights website states.
"This is an exciting opportunity to secure our rights for generations to come. Now is the time to ensure power remains in the hands of the people of Montana, so everyone has the freedom to prevent, continue, or end a pregnancy should they choose," the site adds. "Politicians have no business controlling our bodies and our futures."
After a legal battle with Republican state Attorney General Austin Knudsen, the ballot language is:
CI-128 would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one's own pregnancy, including the right to abortion. It would prohibit the government from denying or burdening the right to abortion before fetal viability. It would also prohibit the government from denying or burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient's life or health. CI-128 prevents the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.
Montana currently allows abortion care up until fetal viability. In response to a legal challenge from Planned Parenthood of Montana (PPMT), a trial judge in February struck down three laws passed by the Republican-controlled state Legislature in 2021: a 20-week ban, restrictions on medication abortions, and a rule that providers must offer patients an ultrasound.
"We are relieved that Montanans will no longer live with the threat of these harmful restrictions taking effect. But make no mistake, our fight continues," PPMT president and CEO Martha Fuller said at the time. "For years anti-abortion politicians at all levels of government have made banning abortion their number one priority, despite the current protection held in our state constitution."
"During the 2023 Montana legislative session, an onslaught of anti-abortion bills was introduced, passed, and signed into law, and PPMT is working hard to beat back these attacks and more," Fuller continued. "We will never stop working to ensure that all Montanans and those who are forced to travel here for care can access the care they need."
In addition to Planned Parenthood, Montanans Securing Reproductive Rights is a campaign by the ACLU of Montana, the Fairness Project, and Forward Montana. The coalition now needs to collect 60,000 signatures by June 21.
"Anti-abortion extremists have tried to interfere in Montanans' personal healthcare choices again and again. That's totally unacceptable—Montanans deserve to make their own decisions about reproductive care, not have politicians decide for them," the Fairness Project executive director Kelly Hall said Tuesday.
"The Fairness Project is proud and excited to be supporting Montanans Securing Reproductive Rights in their campaign to pass CI-128, especially at a time when abortion rights are under attack," Hall added. "With 2024 shaping up to be the biggest year ever for abortion on the ballot, it is critical that Montanans can make their voices heard on this issue."
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Spain Widens Push for EU Countries to Recognize Palestinian State
A majority of U.N. member states recognize Palestinian statehood, but the U.S. and most E.U. countries lag behind.
Apr 17, 2024
In his latest stop on a tour of several European countries aimed at gathering support for recognizing a Palestinian state, Spanish Prime Minister Pedro Sánchez joined his Slovenian counterpart on Tuesday in calling to make the diplomatic move to help secure an end to the Israeli-Palestinian conflict.
Palestine is already recognized as a state by the vast majority of United Nations members—139 out of 193 countries—and by a handful of European nations, but the European Union as a whole, the United States, and the United Kingdom are among those that have long refused to recognize statehood.
At a joint press conference with Sánchez, Slovenian Prime Minister Robert Golob said the question is "when, not if, but when is the best moment to recognize Palestine."
Al Jazeera reported Wednesday that Sánchez aims to formally recognize Palestinian statehood by July, even if he does not secure enough support from other E.U. countries.
"The time has come for the international community to once and for all recognize the state of Palestine," Sánchez said in November. "It is something that many E.U. countries believe we have to do jointly, but if this is not the case, Spain will adopt its own decision."
Sánchez has also met with leaders in Ireland, Malta, and Norway in recent weeks.
Jonas Gahr Støre, prime minister of Norway—which is not an E.U. member—said last week that his government "stands ready" to join "like-minded countries" in recognizing Palestinian statehood.
Irish Prime Minister Simon Harris said after meeting with Sánchez last Friday that formal recognition "is coming much closer and we would like to move together in doing so."
"The people of Palestine have long sought the dignity of their own country and sovereignty—a home that like Ireland and Spain can take its place amongst the nations of the Earth," Harris added.
Ireland's Green Party said Monday that the full recognition of Palestine by European countries would help to secure a cease-fire in Gaza, where Israel has killed at least 33,899 people since October and has so far starved more than two dozen children to death by blocking the vast majority of humanitarian aid for months.
Al Jazeerareported Wednesday that Belgium—which has called for economic sanctions on Israel over its bombardment of Gaza—is likely to join Spain's push after June, when the country no longer holds the E.U. presidency.
The push from Spain comes as the U.N. Security Council is scheduled to vote on whether to admit Palestine as a full member of the U.N., which the Spanish prime minister said would be supported by the governments he's met with.
Palestinian representatives announced earlier this month that they would revive their application for membership, which the U.S. has vetoed in previous votes.
"We are seeking admission. That is our natural and legal right," said Riyad Mansour, the Palestinian ambassador to the U.N. Palestine has held observer status in the U.N. since 2012.
The League of Arab States on Tuesday expressed its "unwavering support" of the Palestinians' new application.
"Membership in the United Nations is a crucial step in the right direction towards a just and lasting resolution of the Palestinian question in line with international law and relevant U.N. resolutions," said the group of 22 countries.
U.S. State Department spokesperson Matthew Miller told reporters this month that full U.N. membership for Palestine "should be done through direct negotiations through the parties," while Israeli U.N. ambassador Gilad Erdan said the fact that the application is being considered is "a victory for genocidal terror."
The Arab League urged U.N. members "not to obstruct this critical initiative."
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Israeli Settlers, Soldiers 'Wiping Palestinian Communities Off the Map' in the West Bank
"While the attention of the world is focused on Gaza, abuses in the West Bank, fueled by decades of impunity and complacency among Israel's allies, are soaring."
Apr 17, 2024
Israeli soldiers have either passively watched or participated in the uprooting of at least seven communities in the West Bank since October of last year, Human Rights Watch said Wednesday in a new report documenting surging settler violence in the occupied Palestinian territory.
The rights group interviewed dozens of eyewitnesses and examined video footage showing harassment and other abuse of Palestinians in the West Bank "by men in Israeli military uniforms carrying M16 assault rifles."
Following the Hamas-led October 7 attack on southern Israel, the Israeli military drafted more than 5,000 settlers into "regional defense" units in the West Bank, Haaretzreported earlier this year. The Israeli newspaper noted that "alongside this large-scale mobilization, the [Israel Defense Forces] has distributed some 7,000 weapons to the battalions as well as to settlers who were not recruited into the army but received them as civilians whom the army considers eligible to carry military arms."
HRW's investigation found that "armed settlers, with the active participation of army units, repeatedly cut off road access and raided Palestinian communities, detained, assaulted, and tortured residents, chased them out of their homes and off their lands at gunpoint or coerced them to leave with death threats, and blocked them from taking their belongings."
"Israeli settlers and soldiers are literally wiping Palestinian communities off the map," said Omar Shakir, HRW's Israel and Palestine director.
"While the attention of the world is focused on Gaza, abuses in the West Bank, fueled by decades of impunity and complacency among Israel’s allies, are soaring."
The new report comes days after Israeli settlers—escorted by IDF soldiers—went on their latest destructive and deadly rampage in the West Bank, killing at least two Palestinians, injuring dozens, and setting homes and vehicles ablaze. At least 20 households were displaced after Israeli settlers burned down their homes.
The wave of settler violence came after a missing 14-year-old Israeli boy was found dead in the area around the West Bank city of Ramallah. The Israeli military said the boy was killed in a "terrorist attack."
Since October 7, according to the United Nations, Israeli settlers have launched more than 720 attacks on Palestinians in the West Bank, displacing at least 206 households comprised of 1,244 people—including 603 children. Israeli soldiers in uniform have been present at many of the attacks.
"Settlers and soldiers have displaced entire Palestinian communities, destroying every home, with the apparent backing of higher Israeli authorities," Bill Van Esveld, associate children's rights director at HRW, said in a statement Wednesday. "While the attention of the world is focused on Gaza, abuses in the West Bank, fueled by decades of impunity and complacency among Israel's allies, are soaring."
HRW's new report examines five West Bank communities that have come under attack by Israeli settlers, including one in which uniformed Israeli men armed with assault rifles entered tents and destroyed or stole people's belongings, abused residents, and threatened to kill them if they didn't leave the area.
"One man in uniform kicked me in the back of my neck," a Palestinian mother told HRW. "They said, 'Go to the valley, and if you come back, we will kill you.'"
None of the families forcibly evicted from the five communities examined in the HRW report have been allowed to return home.
"Palestinian children have seen their families brutalized, and their homes and schools destroyed, and the Israeli authorities are ultimately to blame," Van Esveld said Wednesday. "Senior state officials are fueling or failing to prevent these attacks, and Israel's allies are not doing enough to stop that."
Following the latest wave of settler violence in the West Bank this past weekend, a coalition of human rights organizations said in a joint statement Wednesday that "the international community must swiftly and decisively pressure the government of Israel to halt these attacks and urgently de-escalate the situation."
"With international attention centered on Gaza, the government of Israel has not only allowed settler violence to spiral but also persisted in the expansion of Israeli settlements built on Palestinian land and unlawfully seized Palestinian territory by designating it as 'state land,' blatantly violating international law," the groups noted. "Concerted efforts are needed to tackle the root cause of settler violence by permanently dismantling settlement outposts and ensuring the safe return of displaced Palestinians to their lands."
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