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Yahoo
an hour ago
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Trump admin may not deport migrant to Congo during immigration proceedings, federal judge rules
A federal judge in Maine has ruled that a 43-year-old migrant man who came to the U.S. at age 7 cannot yet be deported to the Democratic Republic of Congo (DRC) while his immigration appeals continue. Eyidi Ambila, who was taken into custody in September under the Biden administration, argues that his full immigration case has not been heard and that his continued detention is unlawful. Judge Nancy Torresen on Monday granted a motion to postpone a scheduled habeas hearing, a legal request asking a court to determine whether a person's detention or imprisonment is lawful. The habeas petition challenges the legality of his ongoing detention, not the deportation itself. Federal Judge Orders Ice Not To Remove Trans Migrant Seeking Asylum From Washington Detention Facility Torresen, a President Barack Obama appointee and the first female judge to serve in the District of Maine, wrote that there are "many unanswered questions" about the case, including about his ability to be deported and the outcome of his immigration case. He will remain in custody while his case proceeds. The American Civil Liberties Union of Maine argues that Ambila has no current connection to the Congo and that deporting him would make him vulnerable to detainment, torture and even death. Read On The Fox News App "This ruling ensures that Mr. Ambila receives what due process requires: his day in immigration court and the opportunity to fully pursue his argument for Convention Against Torture protection," said Anahita Sotoohi, a staff attorney at the ACLU of Maine. Federal Judge Refuses To Reconsider Order To Facilitate Deportee's Return To Us The ACLU of Maine filed a habeas corpus petition on Ambila's behalf last month challenging his indefinite ICE detainment and asking for his release. The government argued that Ambila's deportation was imminent, but Torreson said that the government had failed to convince the court that deportation was actually likely in the near future. Ambila has filed emergency motions with the Board of Immigration Appeals (BIA) seeking to reopen his case and halt removal. Torresen's ruling pauses the federal court proceedings until the BIA rules on those article source: Trump admin may not deport migrant to Congo during immigration proceedings, federal judge rules
Yahoo
23-05-2025
- Politics
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ICE has held a Maine resident in jail for 8 months. The ACLU says that's illegal.
May 23—Immigration officials have held a Maine man in jail for more than eight months, offering no indication when he'll go to court or get out, according to a petition filed on his behalf in court. The American Civil Liberties Union of Maine is asking a federal judge to release Eyidi Ambila. U.S. Immigration and Customs Enforcement has held Ambila, 44, at the Cumberland County Jail since Sept. 23, following a short criminal sentence Ambila served there for two misdemeanor convictions. Ambila has no idea how long he'll be held, the ACLU said. He has received no updates on the status of a 90-day custody review by ICE or what they want from him. "The government cannot lock you up without any sort of explanation or expectation," said ACLU staff attorney Anahita Sotoohi. "Yet that's what they've done." Ambila was born in the Democratic Republic of Congo and moved to the United States when he was 7 years old, according to the petition. His family was granted asylum because they were at risk of political persecution. The ACLU said Ambila received a green card and a Social Security number. Today, Ambila says his entire family is in the U.S., including his father, stepmother, siblings and his own three children, whom he provides for and who are worried by his indefinite detention. "I have a strong family unit," Ambila said in a statement provided by the ACLU. "Being removed from them has been traumatizing for us all, especially my children." The ACLU also argued Ambila is stateless. The Democratic Republic of Congo has no records of Ambila, the ACLU said, and the Department of Homeland Security was unable to get travel papers for Ambila when it tried removing him in 2007, following a felony conviction in 2005 (Ambila's petition doesn't elaborate on the nature of the felony). Ambila was released from incarceration and subjected to an order of supervision until 2024, during which time he reported regularly to ICE and complied with all of the government's efforts to obtain travel papers from the Democratic Republic of Congo. "Petitioner has cooperated fully with all of ICE's efforts to remove him," the petition states. "Specifically, petitioner has made repeated, failed attempts to obtain a Congolese passport and travel documents necessary for his removal." Sotoohi said the number of ICE detainees at the Cumberland County Jail has increased dramatically this year. The ACLU said there were 70 people being held in Portland by ICE, as of Friday. The ACLU is challenging Ambila's petition using a petition for a writ of habeas corpus, invoking a legal principle that broadly protects people from unlawful imprisonment. Petitions are filed for habeas corpus in all kinds of situations, not exclusively those involving immigration. When a judge shared plans earlier this year to release criminal defendants who have been denied a lawyer, she was ruling on a class-action habeas corpus petition. Sotoohi said this process is "an incredibly valuable tool." "It's going to the absolute heart of due process," she said. "The government cannot detain you based on speculation. ... (That's) something for all of us." Yet this principle has come under fire recently by the Trump administration. The president's deputy chief of staff Stephen Miller told reporters earlier this month that "the privilege of the writ of habeas corpus can be suspended in a time of invasion" and that they were "actively looking at it" depending on how immigration-related habeas cases are ruled on in court. On Wednesday, Homeland Security Secretary Kristi Noem wrongly told members of Congress that she believed the habeas process was used to "remove people from this country." Ambila's case is one of at least two petitions filed on behalf of someone in ICE custody in Maine. On May 14, the Immigrant Legal Advocacy Project filed a habeas corpus petition for Gedeon Mboko. A copy of his petition was not publicly available through online federal court records. ILAP Director Susan Roche said in a statement Friday that her organization filed a petition for Mboko to prevent ICE from transferring him outside Maine and away from his lawyers. Roche said the cases were timely, given a bill lawmakers will consider next week to prohibit Maine jails from voluntarily holding people for ICE. "ILAP urges the Maine Legislature to pass it," Roche said. "In this current environment with the federal government disregarding due process, LD 1971 is even more critical to protecting the rights, safety and lives of Maine residents." The U.S. Attorney's Office for the District of Maine said in an email Friday that it is reviewing the ACLU petition and it was too early to comment further. Attorney General Pamela Bondi, Noem and ICE Field Director Patricia Boyd are named as respondents. Cumberland County Sheriff Kevin Joyce, who is named as a respondent in Ambila's petition, said his lawyers were reviewing the case. Copy the Story Link We believe it's important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It's a form of open discourse that can be useful to our community, public officials, journalists and others. 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Yahoo
13-05-2025
- Politics
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Maine judge won't wait for supreme court to start releasing people from jail
May 13—A Maine judge says she will not wait for the state supreme court to rule on an appeal before she moves forward with releasing people from jail and dropping charges against those who have unconstitutionally gone too long without a lawyer. In doing so, Superior Court Justice Michaela Murphy said the state would have one more week to find jailed defendants a lawyer before they get released. Murphy wrote in her order this month that she plans to resume the process soon, but no date was scheduled with the Kennebec County Superior Court, where the case is being heard, as of Tuesday morning. Murphy ruled in January that the state's public defense agency is violating the Sixth Amendment by not providing Mainers with criminal charges with continuous legal representation. She announced in March that she intended to start holding a series of hearings in April to identify and release anyone who has waited more than two weeks without a lawyer. She also planned to dismiss charges against defendants who had waited more than 60 days for a lawyer. Once released, they would still be on strict bail conditions. Any charges dropped could be filed again once a lawyer is available, Murphy said. Advocates for domestic violence survivors and other crime victims have shared their concerns with this latest development, saying it puts many at risk. A lawyer for the state urged Murphy to wait for the Maine Supreme Judicial Court's opinion on more procedural grounds, arguing that Murphy was using the wrong legal procedure for this kind of a case. Murphy's hearings will follow the "writ of habeas corpus" process. Habeas cases are typically filed on behalf of individual defendants who say they're being jailed illegally — in this case, the law's application would be unprecedented because it will potentially provide habeas relief to a large, yet-to-be-determined number of people, all at once. "Where a writ has been granted, the purpose of habeas corpus — to swiftly secure the liberty of a person wrongfully detained — would be defeated if the delays resulting from an appeal could pause the discharge of a wrongfully detained person," Murphy wrote in her most recent order. The ruling results from a lawsuit the American Civil Liberties Union of Maine first filed against the state's indigent defense system in 2022, which has been amended several times to account for a growing crisis of people who are entitled to a lawyer but don't have them. An emergency law recently took effect, allowing the state to hire more public defenders and judges to appoint more private attorneys to cases that need them. "This order shows the court recognizes the urgency of this crisis because no person should be incarcerated or dragged through months of criminal legal proceedings without an attorney," said ACLU of Maine Legal Director Carol Garvan in a statement. "The court's decision underscores the importance of habeas corpus protections, which entitle people to a speedy process to challenge unlawful restraints on their liberty. Any time the state chooses to restrict a person's freedom, it is the state's responsibility to ensure a fair and speedy process. That constitutional requirement cannot be indefinitely put on hold because the state has filed an appeal." A spokesperson for the Office of the Maine Attorney General, which is representing the state and the Maine Commission on Public Defense Services, said they don't comment on pending litigation. This story will be updated. Copy the Story Link
Yahoo
29-03-2025
- Politics
- Yahoo
Hourslong hearing highlights continuing tension over Maine abortion laws
Mar. 28—AUGUSTA — Maine lawmakers heard hours of testimony Friday on a group of bills that would restrict abortion access, including a proposal that would roll back a 2023 law allowing abortion later in pregnancy. The proposals, all sponsored by Republicans, are unlikely to succeed in the Democratic-controlled Legislature, but they reflect the continuing political tension and debate around abortion that has followed the overturning of Roe v. Wade in 2022. That tension was on display from the start of Friday's public hearing before the Judiciary Committee when the sponsor of a bill that would repeal laws allowing abortion in Maine notified the committee she was recommending it should not pass, and the committee voted against it. The sponsor said she was concerned it would have unintended consequences for pregnant women. Several people who had come to support the bill then said they were disappointed to hear it had been defeated without a hearing. "I would like to ask this committee why it wants to kill the children of this state," said Josh Whitney, a Pittston resident who had come to testify in support of the bill, LD 975. "I am incredibly disappointed to hear that this bill was pulled from this committee," Whitney said. Sen. Anne Carney, D-Cape Elizabeth, the committee co-chair, told Whitney and others that because the bill was no longer in front of the committee, they would have to keep their testimony focused on the other bills being heard. After the committee took a brief recess, Carney said the committee would hear testimony in support of LD 975 after all because several people had come to testify on it not knowing the sponsor was requesting it not pass. One man from Louisiana said he had traveled from New Orleans to testify in support of the bill, which he said is needed in every state. "The difference between 975 and the other six bills is it seeks to actually criminalize abortion, not trim around the edges and say, 'You can't flush the dead baby down the toilet anymore,'" said Brian Gunter. "Rather, we're concerned that you don't kill the baby to begin with." Rep. Abigail Griffin, R-Levant, the bill's sponsor, said she is against abortion but asked the committee to reject the bill after hearing concerns it would criminalize women. The bill also redefines the definitions of "human" and "person" in Maine's criminal code to state that life begins at the moment of conception. "The whole purpose of me putting the bill in was to protect the unborn and let women know there are other options," Griffin said. "But there were people who were uncomfortable and said it would criminalize women." In testimony against the bill, the American Civil Liberties Union of Maine said it would "criminalize abortion and miscarriage care by equating a fetus to a person and criminalizing all actions related to abortion care the same as a violent crime against another person." Barbara Cray, an opponent of the bill, said she was happy it was rejected by the committee but was still upset it had been proposed at all. "This is a cruel bill," Cray said. "It's meant to control women and deprive them of their rights and create a police state against women. ... I'm glad it was withdrawn, but this did serious damage." Before Friday's hearing started, a handful of abortion opponents protested outside the State House with signs that read, "Stand up for the voiceless" and "This is not healthcare. It's murder." A few dozen counterprotesters chanted, "My body. My choice" and carried their own signs nearby. Inside, supporters of the bills painted them as commonsense measures that would provide additional information and options for women. They said medical abortion needs to be more strictly regulated and spoke against abortion generally, calling it murder. "These bills share a common theme: an inherent respect for the life and dignity of the mother and her unborn child," Holly Lusk, an attorney representing the Christian Civic League of Maine, said in testimony supporting the six bills that were heard. Opponents of the bills said they put up barriers for women to get abortions and infringe on their rights to make their own health care choices. They said abortion is safe and that restrictions can lead to harmful economic and health outcomes for women. "Access to abortion is essential to protect Mainers' agency, autonomy and dignity," said Lisa Margulies, vice president of public affairs in Maine for Planned Parenthood of Northern New England. "These bills are dangerous to Maine people." The proposals include LD 682, which rolls back a change Maine made in 2023 to allow abortion later in pregnancy if it is deemed necessary by a licensed physician. The bill says instead that an abortion could be performed after viability only when it is medically necessary to preserve the life or health of the mother or when the fetus is diagnosed with a life-threatening condition and would die soon after birth. Viability is the point when a prematurely born baby could live outside the womb, typically considered to be 22 to 24 weeks. Sen. David Haggan, R-Hampden, the bill's sponsor, said he sympathizes with Dana Pierce, a Yarmouth woman who inspired the law passed in 2023 after she had to travel to Colorado for an abortion when she found out at 32 weeks that her unborn son had a deadly genetic mutation. But Haggan said the law that was passed is "overly permissive." "My bill is probably the most modest of all bills you will hear today," he told the committee. "It only repeals the extreme language of LD 1619 and will continue to protect the rights of women and families in this tragic situation." Health care providers, including the directors of the Maine Center for Disease Control and Prevention and the Maine Public Health Association, testified against LD 682. "Current law takes into account the professional judgment of health care professionals authorized to perform the abortion," Dr. Puthiery Va, director of the Maine CDC, said in written testimony. "This would be removed by this bill inserting specific standards for women's health care, restricting medical choices and decision making." Other proposals would repeal the requirement that the state cover abortion services for MaineCare recipients and would restrict access to medical abortion. One proposal, LD 886, would prohibit the online purchase of medications to perform abortions and would require a woman opting for a medical abortion to have it overseen in person by a health care professional. Another, LD 887, would require a health care provider to conduct a physical exam and be present in person for a medical abortion. Two bills sponsored by Rep. Reagan Paul, R-Winterport, LD 1007 and LD 1154, would require providers to inform patients about specific options, including the possibility of reversing abortion medications if a woman quickly changes her mind and supportive care in cases of a fetus diagnosed with a life-threatening condition. The Maine CDC testified that treatment to reverse the effects of abortion medications may not be safe and effective. And committee members raised questions about whether providers are already talking to patients about supportive care options. "I'm not saying it's not being offered, but this would just make sure 100%, it's always offered," said Paul. Copy the Story Link
Yahoo
08-03-2025
- Politics
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Maine to drop charges, release people from jail over public defense failures
Mar. 7—Maine will start releasing people from jail in April if they have waited more than two weeks for a lawyer, a judge ruled Friday. Additionally, charges other than murder will be dropped against anyone who has waited more than two months for a lawyer. Those charges could be brought again once an attorney is available. These unprecedented remedies were ordered by Superior Court Justice Michaela Murphy after she recently found that the state has violated the constitutional rights of hundreds of criminal defendants who are constitutionally entitled to a lawyer because they can't afford one on their own. But before any of this can take place, Murphy is giving the Maine Commission on Public Defense Services, the quasi-state agency in charge of finding lawyers for those who can't afford their own, a month to develop a plan to "provide continuous representation as required by the Sixth Amendment." "The Court cannot and does not expect miracles," Murphy wrote. "The Defendants can only do what is possible. But it is clear that the Defendants have not been prioritizing finding or providing counsel for the incarcerated Plaintiffs ... who are waiting for MCPDS to do just." 'SIGNIFICANT IMPACT' The commission has been locked in a lawsuit since 2022 with the American Civil Liberties Union of Maine. "This is an order that's going to have a very significant impact for this case that's been going on for more than three years," ACLU Chief Counsel Zachary Heiden said in a phone call Friday. "And in that time, the number of people without counsel has grown significantly." Neither the attorney representing the commission, nor its director nor its chair responded to requests on Friday to discuss Murphy's order. Murphy wrote that the public interests in this case are "significant" and include "the public interest in a fair, functional, and stable criminal justice system; the public interest in the protection of the liberty interests for all the citizens of Maine who are charged with crimes punishable by incarceration; and the public interest in ensuring that the presumption of innocence is meaningfully protected against the power of the state through the effective assistance of counsel." View this document on Scribd She has scheduled a hearing for April 7 to meet with the various parties, and to begin considering the case of any entitled defendant who is still in jail without a lawyer. At that hearing, Murphy will order the release of anyone who has been unrepresented for at least 14 days, unless the state can find them an attorney within the following week. They will be released with court-enforced conditions to ensure public safety, she said. Anyone charged with murder will not be eligible. And she will order charges be dropped against anyone who has waited more than 60 days for a lawyer, with the clock starting Friday. Victims' rights advocates are concerned about the possible repercussions of Murphy's ruling, especially those in domestic violence cases. Roughly 26% of the state's unrepresented cases as of Wednesday were DV-related. Andrea Mancuso, policy director for the Maine Coalition to End Domestic Violence, said she finds it unlikely the commission will solve the crisis in the next 30 days when it's failed to do so for several years. "Victims of crime will bear the consequences of that failure," she said. "This is dangerous for victims. More victims of domestic violence will experience the criminal justice system as unable to help them be safe. This was all completely foreseeable." DATA IS CHANGING There were at least 480 criminal cases without an attorney as of Wednesday, according to a list regularly updated by the courts. Roughly 45% of those defendants, in and out of custody, had been on the list for at least two months. About 110 were in jail, and nearly 40% of those people had been waiting at least 14 days. During a meeting on Feb. 27, the commission's director, Jim Billings, said this number was "gross and unacceptable," but that it still pales to the increase in open cases that a dwindling number of defense attorneys have been handling since before the pandemic. There are currently about 6,000 more pending cases than six years ago, according to court data. "Even though we have about six hundred people without a lawyer in the state who are otherwise entitled to a lawyer ... that is 10% of this 6,000 number," Billings said. "Which means that the rostered number of attorneys in our program are carrying 90% of those extra cases. I don't think that gets talked about enough." "It's a wonder that we don't have two or three thousand people unrepresented in our system as it is currently constituted," he said. Some have complained that there aren't enough lawyers taking cases because the commission's eligibility standards are too strict. Gov. Janet Mills has urged the commission to roll back its regulations, which the commission says were put in place to ensure quality representation. The ACLU of Maine's lawsuit has actually been divided into two phases, the second of which relates to effective representation. Murphy plans to address those claims later on. The number of unrepresented defendants has also declined since Murphy heard testimony from the commission in late January. Some say that's a testament to the impact Maine's new public defenders are already having on the crisis. Toby Jandreau is the supervising "district defender" for the Aroostook County office, where there were only 22 unrepresented defendants as of Wednesday, down from roughly 80 in late December. "We're seeing fewer of them," Jandreau said at the meeting. "I think with time, it's going to get better." Defense attorney Robert Ruffner, who represents many of these people temporarily for first appearances, said he's also noticed the decrease. But he doesn't think the commission will suddenly solve a crisis that "has been building for years," and he's sure there will still be people who need to be released or their charges dropped in a month. "I do not expect that the need for this remedy is going to go away, in the next several months," Ruffner said Friday. "And certainly, the fact that the framework is in place should be ample reason for those in power to ensure that we never end up here again." Copy the Story Link
