January, 24 2011, 12:36pm EDT

The Promise and the Perils of the New Congress
NRDC Issues "Environmental State of the Union" Message
WASHINGTON
In an "Environmental State of the Union message," Peter Lehner, NRDC's executive director, discusses the promise and the perils of the new Congress on the eve of the State of the Union:
"When he delivers his State of the Union address on Tuesday, President Obama will present a report card on how the nation has fared the past year, offer up an agenda that seeks to bridge our partisan divide, and share with the American people his vision of where he wants to lead the country.
"The president can cover all three bases by embracing a clean-energy agenda that boosts our economy and strengthens the safeguards that protect our health, our waters, our lands and the air we breathe.
"No review of 2010 can overlook one of the worst environmental disasters of our time--the BP blowout in the Gulf of Mexico. This was a national wake-up call to break our costly and dangerous dependence on oil and move faster toward cleaner, safer, more sustainable sources of energy. Adopting this month's recommendations by the national BP oil spill commission is a good start.
"Nothing is more important than reviving our economy. And we can put millions of Americans back to work by investing in renewable fuels, fostering sustainable communities and demanding even more energy-efficiency in our cars, our workplaces, our homes and the products we use.
"That also will make our companies more competitive and keep our workers at the forefront in the global race for clean-energy solutions -- and make us more secure and less dependent on foreign oil.
"We can debate the details and disagree over specifics. But inaction is no longer an option.
"Above all, we mustn't be stymied or mislead by those who paint these needed change as some devious job-destroying tax. What kills jobs is insisting on looking backward when opportunity lies ahead.
"That's the fundamental choice we face. Let's embrace our future and common destiny. Let's follow where opportunity leads.
"Let's build on the strength of American innovation and investment. Let's not turn our backs on four decades of progress toward cleaner air, fresher water, healthier wildlife and more fertile lands that sustain us all.
"Toward that end, we must ensure that scientists at the Environmental Protection Agency retain the tools they need to do their job. After 40 years of progress--getting the lead out of gasoline, phasing out ozone-depleting chemicals, reducing pollution that causes acid rain -- the agency's scientists have saved hundreds of thousands of lives and improved the quality of life for us all.
"A healthier nation means fewer people with asthma, heart and lung disease and cancer -- and billions of dollars in savings in health care costs. That also will increase our economic competitiveness across the board.
"But Big Polluters and their allies in Congress are trying to block EPA from further updating health safeguards. But who wants to return to the dark days when heavy metals poisoned our waters and toxic chemicals tainted our air; when rivers ran so rich with oil and petrochemical waste that they literally burst into flames?
"The Big Polluters would gut the Clean Air Act, a 1970 law -- one of the most effective pieces of legislation in our history when it comes to protecting and improving our health.
"Rather, we should unite behind President Obama's pledge to cut U.S. carbon pollution and join the world in addressing the mounting challenge from climate disruption.
"Instead of trying to shackle EPA, our leaders in Washington should support its mission to reduce mercury, arsenic, carbon dioxide and other life-threatening forms of pollution.
"Finally, with Congress due to take up a major transportation bill this year, we should use this opportunity to lay the groundwork for a competitive 21st-Century transportation system that will improve commerce and our quality of life.
"Two hundred and twenty-one years after George Washington delivered the first State of the Union address to a joint session of Congress, we now are the guardians of a richly blessed but imperiled land.
"Let's not pass on to our children a legacy tarnished by fear and neglect. Let's stand up for the clean air, the fresh water, the healthy wildlife, and the stable climate upon which America's future depends."
NRDC works to safeguard the earth--its people, its plants and animals, and the natural systems on which all life depends. We combine the power of more than three million members and online activists with the expertise of some 700 scientists, lawyers, and policy advocates across the globe to ensure the rights of all people to the air, the water, and the wild.
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Hundreds Rally in Milwaukee Against Trump Admin's 'Unprecedented' Arrest of Judge
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Hundreds of people rallied in Wisconsin's largest city on Saturday to protest the Trump administration's arrest of Milwaukee County Circuit Judge Hannah Dugan on what critics called "baseless" charges of felony obstruction after she allegedly helped an undocumented immigrant evade arrest during an appearance in her courtroom.
FBI agents arrested Dugan, 65, on Friday following an investigation, accusing her of escorting an undocumented man and his attorney through her courtroom's jury door after learning that Immigration and Customs Enforcement (ICE) agents showed up to arrest him.
Protesters chanted slogans including, "No ICE, No KKK, No Fascist USA!" and "No Hate, No Fear, Immigrants Are Welcome Here!" They held signs with messages like "Liberty and Justice for All" and "Resist Fascism!"
HAPPENING NOW: A HUGE crowd of protesters march through the streets outside an FBI office in Milwaukee in support of Judge Hannah Dugan (Video: @unraveledpress.com)
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— Marco Foster ( @marcofoster.bsky.social) April 26, 2025 at 3:05 PM
"I have never heard of a state court judge being arrested by the federal government because she chose to control her own courtroom. This is unprecedented," Sara Dady, an immigration attorney who traveled more than 90 miles from Rockford, Illinois to attend the demonstration outside the FBI field office in Milwaukee, told the Milwaukee Journal Sentinel.
Wisconsin state Rep. Ryan Clancy (D-19) told the crowd: "The judiciary acts as a check to unchecked executive power. And functioning democracies do not lock up judges."
"I hope that we can all be as brave as Judge Dugan was," Clancy added.
Janan Najeeb, one of the leaders of the Wisconsin Coalition for Justice in Palestine, told rallygoers: "The courtroom is not a hunting ground for ICE. It is a sanctuary. When our government turns our courtrooms into traps, they are betraying the very laws that they claim to defend."
Coalition for Humane Immigrant Rights director Angelica Salas said in a statement that "in an unprecedented move against members of the judicial branch, the Trump administration is exercising authoritarianism to degrees that should alarm us all."
"We reject this lawless escalation against an immigration judge who appears to be showing a commonsense and humane approach to immigrants, and stands for due process for all, and against wanton disregard for our Constitution," Salas added.
Critics have called Dugan's arrest part and parcel of President Donald Trump's attacks on immigrants, the nation's system of checks and balances, and the rule of law.
"The Trump administration deserves zero benefit of the doubt here. It has evinced utter contempt for due process and the rule of law since inauguration day," Ryan Cooper, managing editor of The American Prospect, wrote on Friday. "It has deported numerous legal residents, most notably Kilmar Abrego García, to an El Salvador torture dungeon, and is openly disobeying a 9-0 Supreme Court decision to bring García back."
"The ongoing mass layoffs of federal workers and outright dismantling of legislatively mandated agencies being carried out by Elon Musk and DOGE is blatantly unconstitutional," Cooper added, referring to the Department of Government Efficiency.
Among those pushing back against Dugan's arrest are Wisconsin Circuit Judge Monica Isham, who wrote in an email to other judges: "Enough is enough. I no longer feel protected or respected as a judge in this administration. If there is no guidance for us and no support for us, I will refuse to hold court."
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USA Today—which obtained a copy of the March 14 memo issued by the office of U.S. Attorney General Pam Bondi—reported Friday that the Trump administration ordered Immigration and Customs Enforcement (ICE) to pursue suspected members of the Venezuelan gang Tren de Aragua into homes, sometimes without warrants, under the Alien Enemies Act (AEA).
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According to the memo:
As much as practicable, officers should follow the proactive procedures above—and have an executed warrant of apprehension and removal—before contacting an alien enemy. However, that will not always be realistic or effective in swiftly identifying and removing alien enemies... An officer may encounter a suspected alien enemy in the natural course of the officer's enforcement activity, such as when apprehending other validated members of Tren de Aragua. Given the dynamic nature of enforcement operations, officers in the field are authorized to apprehend aliens upon a reasonable belief that the alien meets all four requirements to be validated as an alien enemy. This authority includes entering an alien enemy's residence to make an AEA apprehension where circumstances render it impracticable to first obtain a signed notice and warrant of apprehension and removal.
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Earlier this month, the ACLU and allied groups sued to block the Trump administration's AEA deportations, arguing that "no one should face the horrifying prospect of lifelong imprisonment without a fair hearing, let alone in another country."
On Friday, U.S. District Judge David Briones ordered ICE to free a Venezuelan couple detained in El Paso under the AEA, finding that the government "has not demonstrated they have any lawful basis to continue detaining" the pair. Briones also warned ICE to not deport anyone else it is holding as an alleged "alien enemy" in West Texas.
Lee Gelernt, the ACLU's lead counsel in cases challenging use of the AEA, told USA Today: "The administration's unprecedented use of a wartime authority during peacetime was bad enough. Now we find out the Justice Department was authorizing officers to ignore the most bedrock principle of the Fourth Amendment by authorizing officers to enter homes without a judicial warrant."
Monique Sherman, an attorney at the Rocky Mountain Immigrant Advocacy Network, expressed alarm over the DOJ memo.
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As Georgetown University Law Center professor Steve Vladeck
said, "There's no Alien Enemies Act exception to the Fourth Amendment."
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Federal immigration authorities deported three U.S. citizen children on Friday—including one with cancer who was reportedly expelled without medication—in a move that critics and one judge appointed by President Donald Trump said was carried out without due process.
U.S. Immigration and Customs Enforcement's (ICE) New Orleans field office deported the American children—ages 2, 4, and 7—along with their undocumented mothers, one of whom is pregnant. The ACLU said that both families were held incommunicado following their arrests, and that ICE agents refused or failed to respond to efforts by attorneys and relatives who were trying to contact them.
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Disappearing mothers and toddlers, denying them access to lawyers, deporting them without due process - this is not what a democracy does to its citizens and families and to their kids.
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— Vanessa Cardenas (@vcardenas.bsky.social) April 25, 2025 at 6:48 PM
According to court documents, the 2-year-old New Orleans native—identified as V.M.L.—was brought by her mother, Jenny Carolina Lopez Villela, to a routine immigration appointment in the Louisiana city on Tuesday when they were arrested.
A habeas petition filed on Thursday states that ICE New Orleans Field Office Director Mellissa Harper told V.M.L.'s desperate father on a phone call that he could try to pick the girl up but would likely be arrested, as he is undocumented. The petition argues that Harper was detaining V.M.L. "in order to induce her father to turn himself in to immigration authorities."
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The ACLU argued that ICE's actions "represent a shocking—although increasingly common—abuse of power," adding that the agency "has inflicted harm and jeopardized the lives and health of vulnerable children and a pregnant woman. The cruelty and deliberate denial of legal and medical access are not only unlawful, but inhumane."
When historians reflect on this regime, cruelty will be the word most often used to define it. www.nytimes.com/2025/04/25/u...
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— Robert Reich (@rbreich.bsky.social) April 26, 2025 at 6:44 AM
Teresa Reyes-Flores of the Southeast Dignity not Detention Coalition said in a statement Friday: "ICE's actions show a blatant violation of due process and basic human rights. The families were disappeared, cut off from their lawyers and loved ones, and rushed to be deported, stripping their parents of the chance to protect their U.S. citizen children."
Immigration Services and Legal Advocacy legal director Homero López Jr. said that "these deplorable actions demonstrate ICE's increasing willingness to violate all protections for immigrants as well as those of their children."
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The Trump administration—whose first-term immigration policies and practices included separating children from their parents and imprisonment in concentration camps—is once again under fire for its anti-immigrant agenda.
The U.S. Supreme Court recently blocked the deportation of undocumented Venezuelans under the Alien Enemies Act of 1798 and has also ordered the administration to facilitate the return of Kilmar Abrego García, a Salvadoran man wrongfully deported to a notorious prison in his native country. On Wednesday, a Trump-appointed judge ordered the administration to take action to return another Salvadoran deported to the same prison.
In a scathing ruling Friday, U.S. District Judge David Briones ordered ICE to free a Venezuelan couple dubiously held in El Paso under the Alien Enemies Act, finding that the government "has not demonstrated they have any lawful basis to continue detaining" the pair. Briones also warned ICE to not deport anyone else it is holding as an alleged "alien enemy" in West Texas.
ICE overreach and abuses—which include wrongful detention of U.S. citizens, arrests of green-card holders who defend Palestine, and warrantless home searches—have fueled renewed calls for the agency's defunding.
ICE abducted a man with a learning disability leaving a hospital after a medical emergency asking for help. They didn’t care that he was a U.S. citizen. They just lied and said he wasn’t. This isn’t “border security.” It’s white supremacy. popular.info/p/us-citizen...
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— Melanie D’Arrigo (@darrigomelanie.bsky.social) April 23, 2025 at 4:38 AM
"A government agency that sequesters and deports vulnerable mothers with their U.S. citizen children without due process must be defunded, not rewarded with an additional $45 billion to continue at taxpayers' expense," Mich P. González, a founding partner of Sanctuary of the South—which provides legal aid to immigrants—said Friday.
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