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Associated Press
3 days ago
- General
- Associated Press
What is a 'sanctuary jurisdiction' and how was the US list of them made?
The U.S. government's list of 'sanctuary jurisdictions' that includes hundreds of communities, both red and blue, is confounding critics. They have noticed the list included misspellings, communities with small immigrant populations, and those with strong support for cooperation with federal authorities. Jessica Vaughan is director of policy studies at the Center for Immigration Studies, which favors anti-sanctuary policies and started publishing a list of sanctuary jurisdictions 10 years ago. The center's list is different from the government's. Vaughan noted that the center discloses its methodology and frequently updates its list. 'That's one thing that I feel is missing from the (government's) list is some documentation as to why they're appearing on the list,' she said. A message was left Friday seeking comment from DHS. The list is part of the Trump administration's efforts to target communities, states and jurisdiction s that it says aren't doing enough to help its immigration enforcement agenda and the promises the president made to deport more than 11 million people living in the U.S. without legal authorization. What are the stakes? The Department of Homeland Security and the U.S. attorney general will send them official notice to the 500 jurisdictions on the list 'regarding its defiance of Federal immigration law enforcement and any potential violations of Federal criminal law,' according to an executive order from President Donald Trump. The list could be updated when the administration receives new information, but those that remain on the list could face serious financial consequences, including suspended or terminated federal grants and contracts by the Office of Management and Budget. It is not clear what legal actions the government will pursue. How was the list made? DHS said it used several factors to make the list, including whether the cities or localities identified themselves as sanctuary jurisdictions, how much they complied with federal officials enforcing immigration laws, if they had restrictions on sharing information with immigration enforcement or had any legal protections for people illegally in the country. But experts noted that the list is too broad and it is difficult to understand the criteria used to make it. 'It seems quite arbitrary because not all of these states or specific jurisdictions have a policy that limits cooperation with ICE,' said Nithya Nathan-Pineau, an attorney with the Immigrant Legal Resource Center. How did communities that support Trump's policies end up on the list? That's unclear. Several communities said they have been outspoken supporters of the president and his stringent immigration policies and do not understand why they have been included. Among them: Shawano County, Wisconsin; Alexandria, Virginia; and Huntington Beach, California. Jim Davel, administrator for Shawano County, thinks the administration may have confused the county's vote in 2021 to become a 'Second Amendment Sanctuary County' that prohibits gun control measures with it being a safe haven for immigrants. He said the county has approved no immigration sanctuary policies. What is a sanctuary city? There is no clear definition of a sanctuary jurisdiction, but it is generally understood to apply to state and local governments that limit cooperation with federal immigration authorities. DHS said it took into account 'factors like compliance with federal law enforcement, information restrictions, and legal protections for illegal aliens.' The notion of sanctuary dates back to Medieval Europe, when civil law enforcement entities were not allowed to enter churches, Cesar Garcia Hernandez, a professor at Ohio State University's College of Law, explained Friday. The term evolved into the 'sanctuary movement' among U.S. churches and other religious institutions that would house Central Americans fleeing civil war in the 1980s. 'There there was no legal guarantee of immunity for people who were who were spending their time inside church buildings, but there was policy' that prohibited immigration arrests, Garcia Hernandez said. That changed under the current Trump administration. The Immigrant Legal Resource Center, a nongovernmental organization, said that when compiling its own list of sanctuary jurisdictions, it considers how they limit interactions with ICE and federal law enforcement, and how they protect information. ___ Associated Press writers Amy Taxin in Santa Ana, California, and Scott Bauer in Madison, Wisconsin, also contributed.
The Independent
3 days ago
- General
- The Independent
What is a 'sanctuary jurisdiction' and how was the US list of them made?
The U.S. government's list of 'sanctuary jurisdictions' that includes hundreds of communities, both red and blue, is confounding critics. They have noticed the list included misspellings, communities with small immigrant populations, and those with strong support for cooperation with federal authorities. Jessica Vaughan is director of policy studies at the Center for Immigration Studies, which favors anti-sanctuary policies and started publishing a list of sanctuary jurisdictions 10 years ago. The center's list is different from the government's. Vaughan noted that the center discloses its methodology and frequently updates its list. 'That's one thing that I feel is missing from the (government's) list is some documentation as to why they're appearing on the list,' she said. A message was left Friday seeking comment from DHS. The list is part of the Trump administration's efforts to target communities, states and jurisdiction s that it says aren't doing enough to help its immigration enforcement agenda and the promises the president made to deport more than 11 million people living in the U.S. without legal authorization. What are the stakes? The Department of Homeland Security and the U.S. attorney general will send them official notice to the 500 jurisdictions on the list 'regarding its defiance of Federal immigration law enforcement and any potential violations of Federal criminal law,' according to an executive order from President Donald Trump. The list could be updated when the administration receives new information, but those that remain on the list could face serious financial consequences, including suspended or terminated federal grants and contracts by the Office of Management and Budget. It is not clear what legal actions the government will pursue. How was the list made? DHS said it used several factors to make the list, including whether the cities or localities identified themselves as sanctuary jurisdictions, how much they complied with federal officials enforcing immigration laws, if they had restrictions on sharing information with immigration enforcement or had any legal protections for people illegally in the country. But experts noted that the list is too broad and it is difficult to understand the criteria used to make it. 'It seems quite arbitrary because not all of these states or specific jurisdictions have a policy that limits cooperation with ICE,' said Nithya Nathan-Pineau, an attorney with the Immigrant Legal Resource Center. How did communities that support Trump's policies end up on the list? That's unclear. Several communities said they have been outspoken supporters of the president and his stringent immigration policies and do not understand why they have been included. Among them: Shawano County, Wisconsin; Alexandria, Virginia; and Huntington Beach, California. Jim Davel, administrator for Shawano County, thinks the administration may have confused the county's vote in 2021 to become a 'Second Amendment Sanctuary County' that prohibits gun control measures with it being a safe haven for immigrants. He said the county has approved no immigration sanctuary policies. What is a sanctuary city? There is no clear definition of a sanctuary jurisdiction, but it is generally understood to apply to state and local governments that limit cooperation with federal immigration authorities. DHS said it took into account 'factors like compliance with federal law enforcement, information restrictions, and legal protections for illegal aliens.' The notion of sanctuary dates back to Medieval Europe, when civil law enforcement entities were not allowed to enter churches, Cesar Garcia Hernandez, a professor at Ohio State University's College of Law, explained Friday. The term evolved into the 'sanctuary movement' among U.S. churches and other religious institutions that would house Central Americans fleeing civil war in the 1980s. 'There there was no legal guarantee of immunity for people who were who were spending their time inside church buildings, but there was policy' that prohibited immigration arrests, Garcia Hernandez said. That changed under the current Trump administration. The Immigrant Legal Resource Center, a nongovernmental organization, said that when compiling its own list of sanctuary jurisdictions, it considers how they limit interactions with ICE and federal law enforcement, and how they protect information. ___ Associated Press writers Amy Taxin in Santa Ana, California, and Scott Bauer in Madison, Wisconsin, also contributed.
Khaleej Times
20-05-2025
- Khaleej Times
UAE jobs: Up to 10 years in jail, immediate termination for employees submitting fake documents
Question: I am heading an HR team in a small company in Dubai. Recently, a couple of new employees have submitted fake degrees. Could you please explain how to deal with this situation and what the penalties and fines are for employees submitting forged certificates? Answer: If an employee submits a forged educational certificate, it may be considered a criminal offence under Federal Law by Decree No. (31) of 2021, Promulgating the Crimes and Penalties Law. Article 251 of the UAE Penal Law defines forgery of a document as any act that changes the authenticity of a document through specific methods, with the intent to use it as a valid document, resulting in harm. Forgery includes altering an existing document by adding, deleting, or changing text, numbers, marks, or photographs. It also involves placing a forged or altered signature, seal, or thumbprint on a document. Obtaining someone's signature or seal through fraud or without their knowledge of the document's content is also considered forgery. Additionally, creating a fake document and attributing it to someone else, filling out a blank signed or sealed document without consent, impersonating another person in identity-related documents, or falsifying facts in documents intended to confirm truth all constitute forgery under this law. Furthermore, anyone who forges an official document may be subject to a penalty of imprisonment and/or a fine. This is under Article 252 and Article 253 of the UAE Penal Law, which reads as below: Article 252 of the UAE Penal Law: 'Forgery of an official document shall be punished with imprisonment for a period not exceeding (10) ten years, and forgery of a non-official document shall be punished with incarceration.' Article 253 of the UAE Panel Law:' A penalty of imprisonment for a period not exceeding (5) five years shall be imposed on whoever forges a copy of an official document and such copy has been used, or uses a copy of an official document knowing of its forgery. The penalty shall be incarceration if such copy is of an unofficial document.' Additionally, anyone using a forged document may also be imprisoned and/or fined as mentioned in the aforesaid Article 252 and Article 253 of the UAE Penal Law. This is in accordance with Article 258 of the UAE Penal Law, which states,' Whosoever knowingly uses a forged document shall be punished by the penalty prescribed for the crime of forgery as the case may be. Whosever unlawfully uses or benefits from a genuine document or the copy thereof in the name of another person shall be punished by the same penalty, as the case may be." In the UAE, submitting a fake degree certificate to obtain a job may also be considered fraud or misrepresentation, which may lead to termination under Article 44 (1) of the Federal Decree Law No. 33 of 2021 on the Regulations of the Employment Relations. This article reads as follows: 'The employer may dismiss the employee without notice after conducting a written investigation with him and the dismissal decision shall be in writing and justified and the employer or its representative shall hand it over to the employee in any of the following cases: 1. It is proven that the employee impersonated another person, or submitted forged certificates or documents.' In accordance with the aforementioned, if it is confirmed that your employees have forged their educational certificates you as an employer may explore appropriate measures, which may include disciplinary action, potentially leading to termination of such employees without notice and, reporting the matter to the police. Additionally, you may register a complaint against the said employees with the Ministry of Human Resources and Emiratisation (MoHRE). It is recommended to consult a legal professional in the UAE to ensure any actions taken are compliant with the UAE Laws.
Yahoo
18-05-2025
- Politics
- Yahoo
Do SLO County schools have to follow Trump's executive orders? Here's a Reality Check
As school districts around San Luis Obispo County clash over policies related to transgender students' participation in sports, calls to follow President Donald Trump's executive orders raise the question of what exactly constitutes federal law — and whether it supersedes state laws. Trans student rights and diversity, equity and inclusion efforts in schools have come under significant fire during the second Trump administration. Within the first 100 days of his term, Trump has signed multiple executive orders targeting trans students' participation in athletic programs and declaring that only two genders exist. One SLO County petition in particular asks local school districts to 'adhere to Federal Law, respecting Title IX and Executive Orders.' The Protect Our Kids petition, believed to be started by a group of North County parents, calls on local school districts to roll back policies that allow transgender students to participate in sports and use the bathrooms and locker rooms aligned with their gender identities. 'Sign this petition to show local school districts that they need to follow federal laws, not state laws that violate federal laws,' the local chapter of Moms for Liberty, a national parents rights organization that is strongly against teaching about or supporting LGBTQ+ identities in schools, wrote in a Facebook post. The same debate has cropped up in the South County, where tensions have come to a head in a disagreement over a transgender student athlete's participation in sports and use of school locker room facilities in the Lucia Mar Unified School District. The issue has taken over the public comment period at the two most recent school board meetings, where multiple people argued the need to fall in line with President Trump's executive orders. Similar claims were made in the North County on Tuesday night, when crowds on both sides of the debate showed up to speak their minds at the Paso Robles Unified School District board meeting. Some calls to comply with executive orders have conflated these presidential directives with federal law, but according to two lawyers The Tribune spoke to, they are not the same thing, and schools do not have a legal responsibility to follow executive orders. So, what are executive orders and how broad is their mandate? The Tribune spoke to legal experts in constitutional law to discuss the role and power of executive orders as part of its Reality Check series. As of May 12, Trump has signed 151 executive orders since taking office Jan. 20, according to the Federal Registrar. He broke the record previously held by President Franklin D. Roosevelt's 99 executive orders signed his first 100 days of office, reaching 142 by April 29, CBS News reported at the time. Among the orders, at least four deal with the topic of gender identity directly by attempting to limit access to gender affirming care for children, dictate trans students' participation in athletic programs, end education about transgender rights and declare only two genders exist. At least eight others mention the topic or reference previous related orders. These executive orders, along with the Trump administration's interpretation of Title IX nondiscrimination law, have formed the foundation for the widespread denial of transgender student participation on school sports teams and use of school facilities that align with their gender identity. But do they qualify as federal law? The Tribune spoke to Professor Jessica Clarke at the University of Southern California School of Law, an expert on anti-discrimination law with a focus on sex and gender, and Wilson Freeman, an attorney at the conservative law firm Pacific Legal Foundation and former federal senior counsel and policy adviser at the Department of Labor under the first Trump administration. He litigates on the firm's equality and opportunity team against school district DEI policies they find to be racially discriminatory and unconstitutional. The lawyers addressed the issue from different perspectives, but they agreed on the key point: Executive orders are not federal law. 'Executive orders are policy statements of the executive branch, but they are not necessarily the final say on what is the law,' Clarke told The Tribune. '... They are not direct commands. They're statements of policy, and they're indications of what it is that the federal government intends to do.' While presidential orders can set out the policies of federal agencies, dictate how the agencies function and determine what programs they fund, they cannot command state or local governments or agencies, she said. Freeman echoed the same message. 'As a formal matter, an executive order doesn't have any power or authority over state governments, state government agencies like school districts or the state law enforcement at all,' he said. 'State law is an entirely separate animal. State anti-discrimination law is not affected by an executive order.' With respect to debates over transgender students' inclusion in sports, school districts are required to follow state law and state interpretations of Title IX federal education law, which in California includes protections against discrimination on the basis of gender identity, Clarke said. With new executive orders that now say otherwise, this state interpretation is now in conflict with the Trump administration's interpretation. One trio of attorneys explained the Trump administration's reinterpretation of Title IX in an article for University Business, a publication for leaders in higher education. As indicated in his early executive orders, it effectively narrows the scope of protections provided by Title IX by focusing solely on sex-based discrimination, excluding discrimination based on gender identity and removing protections for transgender and other non-cisgender people. Meanwhile, based on the Supremacy Clause of the Constitution, when state and federal law conflict, federal law takes precedent, the two lawyers The Tribune spoke to said. But the Trump administration's interpretation of Title IX is not the law, even though the president has set the federal policy forward in an executive order, they said. Freeman said that it's 'not correct' to think of executive orders as federal law. 'That would be a misunderstanding,' he said. 'An executive order may announce or direct the federal government to adopt a particular understanding of federal law, but ultimately, that is just an understanding. It's not a new law.' The only way to create a new federal law is for legislation to pass through Congress and be signed by the president, and that has not happened in the case of the Trump administration's interpretation of Title IX, Clarke said. 'Congress has not passed the law that explicitly reflects that interpretation, nor have the courts endorsed it,' she said of the executive orders on transgender students. 'Some federal courts have said Title IX actually requires that schools allow transgender women and girls to play women and girls sports as part of nondiscrimination, and so the Trump administration is pushing an extreme interpretation of that statute.' In fact, a bill was introduced in Congress earlier this year that would've ended transgender student participation in women's and girls sports, but it failed on the Senate floor. Senate Bill 9 would have codified the Trump administration's interpretation of Title IX as exclusively focused on preventing sex-based discrimination, cementing Trump's executive orders — but it did not become law. SLO County Superintendent of Schools James Brescia sent a letter to district superintendents and charter school directors on April 16 sharing the same message. 'While (executive orders) direct federal agencies to enforce the law, they do not create or change established law,' he said in the letter obtained by The Tribune. Federal law, however, is 'extensive,' and executive orders can still have indirect sway, Freeman said. 'The president — even though he can't create new laws by himself — has enormous powers to affect the way those laws are understood, enforced, prosecuted, you know, in the way the federal money is is handed out,' he said. Of particular importance, executive orders give the president authority to restrict federal dollars from flowing downstream to state agencies like school districts that do not comply with presidential orders. But the state has the same authority for school districts in compliance with state law, and schools stand to lose much more from the state than from the federal government. For example, in the Lucia Mar school district, roughly 87.5% of its total funding received — or $152.3 million of $174.1 million — comes from state-administered funds, compared to only 6% from the federal government, Curt Eichperger, Lucia Mar's assistant superintendent of business services, told The Tribune. Some of the state funding is indirect federal money funneled through the state, but those dollars cannot be easily removed. 'The state government provides a significant majority of funding for California schools, and failure to comply with California law may result in the loss of state funding and expose (local educational agencies) to liability for discrimination or harassment based on both state and federal law,' Superintendent Brescia said in his letter. Section 221.5 of the California Education Code, the state education law, says that students must 'be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records.' Section 220 of the Education Code also specifically prohibits discrimination on the basis of 'gender, gender identity, gender expression ... (and) sexual orientation.' Other school athletic governing bodies reiterate the same rules. He said failure to follow state law may result in fines, lawsuits and elected officials and school administrators facing personal liability and losing their credentials. Instead of asking the school board to take action, parents should be taking the issue up with their state government officials, Brescia said. Freeman also said that even though executive orders cannot be regarded as federal law and do not have the power to rewrite them, there is some gray area in which they can influence the law's interpretation. 'To the extent the executive orders are discussing an understanding of federal law, there may be some cases in which ... they have some sort of relevance if the federal law then conflicts with a state law or state interpretation,' Freeman said. Clarke said the Trump administration has been taking advantage of that gray area to issue threats, but it has not proven to follow through on them, Clarke said. This is what happened in Maine, she said, where the Trump administration froze federal funding after previously concluding the state education system was 'violating federal law by allowing transgender athletes to play on women's teams,' the New York Times reported. The state sued the administration in response, but in early May a deal was reached to drop the lawsuit and restore federal funding to Maine 'without ending any of its sports programs as is,' Clarke said. 'There is also a piece of political theater to it, right? They're trying to win political points, and they're trying to do that at the expense of transgender people. And so it's not necessarily the case that they're going to carry out these enforcement threats,' she said. Ultimately, however, only the Supreme Court has final say over binding interpretations of federal law, and 'it remains to be seen what the Supreme Court is going to do (on gender-based discrimination),' Clarke said. At the end of the day, the debate comes down our foundational values as a country more than the laws that govern us, Clarke said. 'We can talk about the executive orders and the requirements of federal and state and local law,' she said. 'But we also should be talking about what our Constitution means and what it means to protect everyone.'
Hi Dubai
13-05-2025
- Hi Dubai
UAE Jobs: Fake Documents Could Mean 10 Years in Jail, Immediate Termination
Question: How should HR professionals in the UAE handle cases where employees submit forged educational certificates, and what legal penalties do such actions carry under UAE law? Answer: Employers in the UAE are legally empowered to take strict action when employees are found to have submitted fake educational degrees — including termination without notice and referral to the authorities. Under the UAE Penal Law and Labour Law, such acts are not just a breach of trust but a serious criminal offense carrying heavy penalties. Forgery of documents is clearly defined and penalized under Federal Law by Decree No. (31) of 2021. Article 251 states that any alteration made to a document with the intent to present it as authentic — whether by changing text, forging signatures, or misrepresenting facts — qualifies as forgery. When it comes to forged official documents, Article 252 of the Penal Law stipulates that offenders may face imprisonment for up to 10 years. If the document is not official, the penalty is incarceration. Further, Article 253 targets those who forge or knowingly use forged copies of official documents, prescribing up to five years in prison. Crucially for HR teams, Article 258 extends these penalties to anyone who knowingly uses a forged document, equating use with the act of forgery itself. That means even if the employee did not create the fake degree, using it to gain employment is enough to trigger criminal liability. On the employment front, Federal Decree Law No. 33 of 2021 empowers employers to take decisive action. Article 44(1) allows dismissal without notice if an employee is found to have impersonated someone or submitted forged documents. This includes degrees used to secure a role fraudulently. For companies, this means that once a forged certificate is confirmed, the employee can be terminated immediately — provided a written investigation is conducted and documented. Additionally, employers are advised to report such cases to the police and can also file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). In cases like this, seeking legal counsel is recommended to ensure all actions align with UAE laws and protect the company from potential liabilities. Employers also benefit from maintaining clear verification processes during hiring to prevent such incidents from occurring in the first place. News Source: Khaleej Times
