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Federal judge says 72 hours notice needed before moving detained Venezuelan man
Federal judge says 72 hours notice needed before moving detained Venezuelan man

Yahoo

time08-05-2025

  • Politics
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Federal judge says 72 hours notice needed before moving detained Venezuelan man

Prison officers stand guard at a cell block at maximum security penitentiary CECOT on April 4, 2025, in Tecoluca, San Vicente, El Salvador. (Photo by) A 1798 law is the foundation of the Trump's administration's recent deportations of Venezuelan nationals suspected of gang membership. But on Wednesday afternoon, it was over a 21st-century technology that a federal judge decided to lengthen the timespan needed for the feds to notify a Central Falls man if he's to be transferred out of Rhode Island, such as to the maximum security prison CECOT in El Salvador. 'I do want to preserve the status quo with respect to this petitioner, so I am going to extend my order to a 72-hour notice provision,' U.S. District Court Judge Melissa DuBose said during the roughly 25-minute remote hearing, held over Zoom and broadcast live on YouTube. But DuBose did not fulfill the wishes of the plaintiff's counsel, the American Civil Liberties Union (ACLU), whose attorneys filed a request for a temporary restraining order Monday to stop the man, identified in court documents as G.M.G., from being deported on suspicions of membership in Tren de Aragua, an international cartel based in Venezuela. The man is a Venezuelan asylum-seeker who, fearing political persecution in his native country, came to the U.S. in 2023 with his fianceé and her son. He was arrested while at work at his job as a barber on March 26 and has been held at the Donald W. Wyatt Detention Facility in Central Falls since. The ACLU contends he is being held as a suspected member of Tren de Aragua, based on his tattoos. Members of the gang are named in Trump's March 15 executive order, as eligible for rapid removal from the country under the Alien Enemies Act (AEA) — a wartime statute previously invoked only during the War of 1812, World War I, and World War II. On Monday, DuBose ordered that the court receive 48 hours' notice before any transfer of G.M.G. outside Rhode Island. But Wednesday she expanded that to 72 hours to give counsel time to respond if the removal process is triggered. 'The harm to him is certainly great if he were confined in a prison in El Salvador,' said My Khanh Ngo, a Senior Staff Attorney at the SACLU Immigrants' Rights Project in its San Francisco office, during the hearing. DuBose agreed to keep the ACLU's motion for a restraining order pending, and it can be reactivated if the federal government initiates a formal removal process under the Alien Enemies Act DuBose based her decision partially on the uncertainty on the federal side of the equation — including who will be responsible for handling the case going forward. 'We are in kind of a weird, kind of gray area here,' DuBose said during the hearing. Sara Miron Bloom, acting U.S. attorney for the District of Rhode Island, filled in to represent federal arguments Wednesday, and could not confirm if her office or someone at the U.S. Department of Justice would serve as the feds' attorney of record on the case. Bloom said she was also unaware of any application of the Alien Enemies Act or proceedings involving G.M.G. She said he is engaged in immigration proceedings under the Immigration and Nationality Act (INA). 'It is therefore quite possible that he will continue to be under immigration proceedings under the INA, and so if that is to happen, then there is no need for this court to rule,' Bloom said. But Bloom could also not confirm whether the Alien Enemies Act would not be applied to G.M.G. in the near future — a major concern for his attorneys, who argued it could happen with little warning. 'I understand that 48 hours notice ahead of transfer in an ordinary case may be sufficient, but we're talking about removals in the AEA context,' Ngo said. 'If the government were to give notice right after his hearing and say he's going to be moved Friday evening, it will take us some time to locate him…He could be on a plane or already at the prison in El Salvador come Monday.' Ngo said this line of argument led to successful acquisition of temporary restraining orders in other states' courthouses, but Bloom noted those cases were class-actions. 'This individual petitioner is protected against sudden removal or transfer by your current order,' she said to DuBose. The harm to him is certainly great if he were confined in a prison in El Salvador. – My Khanh Ngo, senior staff attorney, SACLU Immigrants' Rights Project in its San Francisco office The judge acknowledged that she can't 'extend the scope of my reach outside of the four corners of the petition that's before me.' But DuBose's interest was also piqued by the fact that 'there hasn't been this filing of the removal order or a petition under the AEA,' she said. 'I'm also troubled or concerned that…protocol has not been consistently established.' While the ACLU did not secure a restraining order immediately, Ngo argued that the extended notice period would suffice for the moment: 'It would be fine if the order were amended to provide for 72 hours notice of any transfers out of this district.' 'I don't really have a concern with the 72 hours versus 48 hours,' Bloom agreed. 'My understanding is under this order that the court has already entered, what counsel is describing would not occur.' 'And Attorney Bloom,' DuBose added at the end of the hearing, addressing the acting U.S. attorney who joined the District of Rhode Island in January 2022. 'I'm hoping at some point we'll get clarity… as to who's going to be representing the respondent.' 'I hope so too,' Bloom replied with a laugh. 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New committee, same result: Religious instruction bill stalls in Alabama House
New committee, same result: Religious instruction bill stalls in Alabama House

Yahoo

time07-05-2025

  • Politics
  • Yahoo

New committee, same result: Religious instruction bill stalls in Alabama House

Rep. Susan DuBose, R-Hoover, speaks to the House Education Policy Committee while holding a binder that reads "Religious Release Act" on March 19, 2025, at the Alabama State House in Montgomery, Alabama. The Senate version of the legislation was effectively killed on Wednesday in the House State Government Committee. (Anna Barrett/Alabama Reflector) A bill that would require local school boards to adopt policies on extending academic credit for 'religious instruction' outside the classroom failed an Alabama House committee on Wednesday. SB 278, sponsored by Sen. Shay Shelnutt, R-Trussville, is identical to HB 342, sponsored by Rep. Susan DuBose, R-Hoover, that failed the House Education Policy Committee on April 2. DuBose presented the legislation to the House State Government Committee. 'This bill simply allows public school students to enrich their school opportunities with an optional religious class. The bill simply requires our school districts to create a policy that allows students to attend an off campus religious class during the school day,' DuBose said. The Senate passed the legislation 25-6 on April 22 after the Senate Education Policy Committee approved it with one 'no' Legislature passed a law in 2019 that allows school boards to adopt a policy on released time religious instruction (RTRI). The 2025 legislation would mandate such policies. But House members have been far more skeptical about the legislation, citing pushback from school superintendents. Sunnie Cotton, the director of LifeWise Academy in Alabama and a proponent of the legislation, called it a parental rights bill. 'This bill strengthens parental rights and protects religious freedom while giving parents the choice to provide religious instruction for their children during the school day,' Cotton said. According to LifeWise's sample curriculum, the organization teaches the Christian belief that 'God created all things good' to a list of virtues that the nonprofit describes as 'LifeWise qualities.' Cotton said the organization is operating in about 600 schools nationwide and is prepared to launch over 900 programs this year. DuBose claimed 4,500 Alabama parents have signed a petition in support of the legislation. DuBose has not presented the petition when requested Wednesday. Ryan Hollingsworth, executive director of the State Superintendents Association, has been a consistent opponent of the legislation. Hollingsworth said Wednesday he is not convinced that the petition has been signed by Alabama parents. 'I don't believe those are verified as being the parents of Alabama students in public schools if they are,' Hollingsworth said. 'Even if they are, we have about 725,000 students, so that's about a half of 1% of folks that have signed it.' He said the bill is lacking key definitions of religious instruction, core instruction and sponsoring entity. 'We have 1,080 hours in the school year to cover everything the state board requires,' Hollingsworth said. 'There's 8,760 hours in the calendar year. That means the parent has the responsibility of the child about 88% of the time.' Scott Suttle, St. Clair County Board of Education president and Alabama Association of School Boards (AASB) president-elect, echoed similar concerns. He said the legislation is government overreach in schools. 'Our local leaders have been abundantly clear that we don't want another overreach into our school systems,' Suttle said. 'It works as it is. Let's please leave it as it is.' Sally Smith, executive director of the AASB, said after the bill failed that she is thankful the committee listened to school board leaders. 'We are pleased with the committee outcome. We think that the law as it is is working fine,' she said in an interview after the meeting. Jennifer Riggs, a mother from Huntsville, brought her son to the meeting, like she did at the Senate Education Policy Committee public hearing on April 15. She said the program has helped her children learn about the Bible in public schools since they cannot afford to send their four children to private school. 'Five days per week, seven hours per day, and in public school, the Bible is not being taught. We believe a release time for religious instruction program would bridge that gap,' she said. 'I believe this is legislation that upholds parental rights by allowing us to choose Bible education for our children without having to incur the financial burdens of private school.' Rep. Marcus Paramore, R-Troy, who also serves on the House Education Policy Committee, said he would not support the legislation because of its failure in the first committee. 'So here we are in another committee trying to get a bill that was voted down, back out and on the floor in a different format,' he said. 'I just want to make some comments and make it clear for what Mr. Hollingsworth said earlier this has already been before a body in this house once this year, and here we are again.' The committee had a tie vote on the legislation 4-4 with Paramore; Rep. Russell Bedsole, R-Alabaster; Rep. Barbra Boyd, D-Anniston; and Rep. Marilyn Lands, D-Huntsville, opposing it. In order for the legislation to receive final approval from the House, a House committee would have to approve the legislation on May 14, the final day of the 2025 session. SUPPORT: YOU MAKE OUR WORK POSSIBLE

Rep. Laurel Libby asks U.S. Supreme Court to restore her right to vote in Maine Legislature
Rep. Laurel Libby asks U.S. Supreme Court to restore her right to vote in Maine Legislature

Yahoo

time28-04-2025

  • Politics
  • Yahoo

Rep. Laurel Libby asks U.S. Supreme Court to restore her right to vote in Maine Legislature

Apr. 28—Maine Rep. Laurel Libby is asking the U.S. Supreme Court to immediately restore her right to vote and speak on the floor of the state House of Representatives. The Auburn Republican said Monday that she has filed an emergency application with the nation's highest court asking it to intervene in the censure she received from the Maine House in February for a Facebook post that featured a photo of a transgender high school student without their consent. Libby is seeking to have her rights restored while a federal court in Maine considers a lawsuit she filed against House Speaker Ryan Fecteau, D-Biddeford, arguing that the censure violates her First Amendment rights as well as the rights of her constituents to representation in the Maine Legislature. Two lower federal courts have denied Libby's request for an immediate restoration of her speaking and voting rights while her lawsuit plays out. "For over 60 days, my constituents have had no say in actions taken by their government, actions that directly impact their lives," Libby said in a written statement. "Every vote taken on the floor of the Legislature is a vote my constituents cannot get back. The good people of our district have been silenced and disenfranchised." Libby had asked the U.S. District Court in Bangor to restore her speaking and voting rights while the outcome of the lawsuit is decided, but Judge Melissa DuBose denied the request this month. Libby appealed that to the 1st U.S. Circuit Court of Appeals, which also denied the request. A panel of judges on the appeals court said Libby and the six constituents who joined her in filing her lawsuit failed to demonstrate a likelihood of success and that temporary relief of the censure would be in order. That order came after DuBose had ruled against the request, citing Fecteau's right to legislative immunity — the legal doctrine that prevents lawmakers from being sued for their legislative acts. DuBose also noted that Libby has the option of apologizing for the post in order to have her rights restored, and that while she cannot vote or speak on the House floor, she is still able to represent her constituents in other ways including by participating in committee hearings and introducing bills. Libby has refused to apologize. Libby said she has asked the U.S. Supreme Court to overturn the rulings of the lower courts so she can resume her full duties, to demand an expedited response from the Office of the Maine Attorney General and to "uphold constitutional protections against viewpoint discrimination and suppression of dissent." She said the application was submitted to U.S. Supreme Court Justice Ketanji Brown Jackson, who oversees emergency requests from the 1st Circuit. She may decide on the application herself or refer the matter to the full court. "We are hopeful the Court will act swiftly to halt the Democrats' ongoing violation of the Constitution and suppression of dissenting voices, even as our broader case continues through the appeals process," Libby said. Libby has been fundraising to help pay for her legal expenses but has not answered questions about how she is covering the costs of her legal fight. She is represented by Patrick Strawbridge, a prominent conservative attorney who represented President Donald Trump before the U.S. Supreme Court in a 2020 case about his taxes and who is listed as a contributor to the Federalist Society. The Federalist Society is a conservative legal group founded by Leonard Leo, who helped secure the conservative majority on the nation's top court and who owns a home on Mount Desert Island. The social media post that led to Libby's censure was part of her effort to criticize a policy governing high school sports that allows transgender athletes to compete in sports in accordance with their gender identity, rather than the gender assigned at birth. Libby's use of photos of a high school student was questioned by members of both parties, who said children should not be used as political pawns, but the House broke along party lines about whether the censure was appropriate. Democrats argued it exposed the student to possible harassment and violence and crossed an ethical line for state lawmakers. Libby's post caught the attention of the Trump administration and led to the administration's efforts to cut off federal funding to Maine unless the state complies with the president's executive order barring transgender women from competing in women's sports, which would violate the Maine Human Rights Act. Copy the Story Link

Alabama lawmakers advance bill requiring parental consent for minors' medical care
Alabama lawmakers advance bill requiring parental consent for minors' medical care

Yahoo

time28-04-2025

  • Health
  • Yahoo

Alabama lawmakers advance bill requiring parental consent for minors' medical care

Sen. Larry Stutts, R-Tuscumbia, speaks in the Alabama Senate on May 8, 2024 at the Alabama Statehouse in Montgomery, Alabama. Stutts is sponsoring a bill to raise the age of consent for medical services from 14 to 16. (Brian Lyman/Alabama Reflector) The Alabama House Health Committee Wednesday approved a bill raising the age of consent for medical care from 14 to 16. SB 101, sponsored by Sen. Larry Stutts, R-Tuscumbia, would require parental consent for medical, dental, and mental health services for minors under 16 and prohibit health care providers and governmental entities from denying parents access to a child's health record. 'Since 1972, the age of consent for all medical care in Alabama, from dental health to general health to mental health, has been 14 years of age, and this bill seeks to raise it to 16,' said Rep. Susan DuBose, R-Hoover, who is handling the legislation in the House. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX DuBose said that although the bill would have originally raised the age of consent to 18 years, she and Stutts worked with the medical community to arrive at the compromise. 'I understand the concerns of all these medical professionals, and while I may not have wanted 16 to begin with, I wanted 18. We all did. This is far better than 14, and I think sometimes that's what we end up doing on legislation, is working with everybody and coming to the best compromise that we can all live with,' DuBose said. She added that a key part of the bill is ensuring that parents can access their minor child's medical records. 'The good thing about this bill is it does provide parents with access to all medical records of their minor child, and so I'm very happy with that,' she said. The bill provides several exemptions to the age of consent requirement. Minors under 16 who are pregnant or emancipated can make their own medical decisions. Minors under 16 can also consent to services related to sexually transmitted diseases and alcohol or drug misuse. Health care professionals would also be allowed to provide emergency services without parental consent under specific circumstances, including imminent threats to the minor's health, suspected abuse, neglect or exploitation. 'We try to have common sense carve outs in this law,' DuBose said in a phone interview Friday. The bill can now be considered by the full House. SUPPORT: YOU MAKE OUR WORK POSSIBLE

Columbus civic organizations detail plans for 2026 local election strategy
Columbus civic organizations detail plans for 2026 local election strategy

Yahoo

time25-04-2025

  • Politics
  • Yahoo

Columbus civic organizations detail plans for 2026 local election strategy

Columbus civic organizations gathered last week for a town hall meeting to discuss plans for the coalitions to unite and consolidate Black voters behind candidates ahead of the 2026 local elections in Muscogee County. Leaders from organizations, including the Columbus branch of the NAACP and the Columbus Interdenominational Ministerial Alliance, led the meeting April 17 in the Page-Doleman Complex at Holsey Chapel CME Church. The meeting followed multiple news conferences condemning the Columbus Council's appointment of Councilor John Anker to the citywide District 9 seat the same day former Councilor Judy Thomas resigned. But the town hall was meant to focus on the coalition's plans for the next election rather than expressing opinions about elected officials, national NAACP board member and the Georgia state administrator Ed DuBose told the Ledger-Enquirer. During the town hall meeting, leaders from multiple organizations laid out plans for their movement, named Columbus, GA, United, to vet, prepare and campaign for a single 'unity' candidate for each seat up for election. 'We are really looking at shifting paradigms,' the Rev. Johnny Flakes III of Fourth Street Missionary Baptist Church said during the meeting. 'We're looking at shifting the process and establishing clear-cut paths to providing the best candidates that Columbus deserves to serve residents of this city.' Elections for mayor and Columbus Council seats for Districts 1, 5, 7 and 9 are in May 2026. Members of the coalition who were involved in the recent news conferences understood that they had to create an organization that would include everybody, Flakes said. These conversations led to the creation of Columbus, GA, United. 'The goal is to prevent vote splitting, preserve and protect our political power,' Flakes said. 'Black power that does not exclude anybody else.' Their plan is to consolidate community support behind a single viable candidate in races where multiple Black candidates will split the vote, he said. The first step in achieving this is to create a vetting committee consisting of 7-10 members representing faith leaders, youth organizers, elders, advocates, political strategists and neighborhood representatives. This committee would review candidate credentials, records and community support. They would interview prospective candidates and analyze their viability using data and strategy. The committee also would host public forums where candidates would answer key issue-based questions, demonstrate their policy knowledge and public speaking ability and share their campaign vision. 'Someone in the room might be like, 'Who's controlling the show?'' DuBose said. 'The people. The power always belongs to the people.' As part of this process, the coalition also will develop candidate scorecards, DuBose said. This is important for more than just vetting candidates, he said. The community has allowed people to step into a role, DuBose said, and then they don't grade them. This has created a situation where candidates can vote against key issues multiple times without it being 'graded.' 'When the election time came around, you came to our church, picked up a baby and sang 'Lift Every Voice and Sing,'' DuBose said. 'And then you got a free ride because we didn't follow your campaign. We didn't follow what you said you would do for us. We were fooled by your appearance at our church anniversary.' Candidates who go through this process will be asked to pledge to step down and not continue to run as a 'spoiler candidate' if they are not selected, DuBose said. As part of the process, Columbus, GA, United will have potential candidates attend workshops preparing them to run for office. The coalition hopes to complete outreach to potential candidates and orientation by June and have the vetting committee formed by July. Then candidate interviews and public forums will take place from August through September. By October, the committee is expected to be ready to make its recommendations, and the 2026 campaign will be launched between November and December. Centralizing messaging and voter information is a key component of Columbus, GA, United's strategy. The Urban League of the River Valley will be in charge of messaging for the coalition, Dorothy 'Dot' Bass said during the meeting. 'Clarity and consistency are key,' she said. 'A single trusted source for voter information helps eliminate confusion, prevents misinformation and builds collective confidence in the electoral process.' Centralizing voter education will help streamline communication across the partners, Bass said, and will help support a rapid response if a polling location changes or a runoff is announced. Organizations in the coalition would send their information to the Urban League, which then would disseminate the information. Another large part of Columbus, GA, United's strategy is to focus on voter mobilization. The coalition knows there are voter turnout disparities among African Americans, community organizer Marquese Averett said during the meeting. 'We know that our opposition is strategic, they are coordinated, and they are well-funded,' Averett said. 'We must be just as intentional. We also know, when all people vote in full force, we change who gets to make decisions on housing, policing, schools and economic development.' The coalition will go to places that have 'mattered the most' in the community, like churches, barber shops and salons, he said. They also will reach out to communities of all demographics, Averett said, because every group cares about issues like affordable housing, jobs and safer communities. They also will focus on mobilizing young people early. 'It's not good enough to wait until two or three weeks before the election and say we need to go find some young folks,' Averett said. 'We have to make sure that they are included from the very beginning because their issues matter.' Columbus, GA, United could represent what civil rights leader Jesse Jackson referred to as a 'rainbow coalition,' he said. 'I often say that doing nothing isn't a revolutionary act,' Averett said. 'Sitting on the sideline doesn't take any courage. In order for us to make this happen, we have to mobilize voters and get people out to vote.'

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