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Federal judge grants preliminary injunction protecting MSU students' visa status
Federal judge grants preliminary injunction protecting MSU students' visa status

Yahoo

time14-05-2025

  • Politics
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Federal judge grants preliminary injunction protecting MSU students' visa status

The bobcat statue at Montana State University. (Keila Szpaller/The Daily Montanan) A federal judge on Tuesday granted a preliminary injunction preventing the federal government from revoking the visa status of two Montana State University graduate students and prohibiting the federal government from arresting, detaining or transferring either student from Montana. In April, four international students affiliated with the Montana University System had their visas revoked and student visitor records terminated. Due to the possibility of immediate deportation due to the change in status, two of the students challenged the decision in federal court. The ACLU of Montana sued on their behalf, and the Trump administration subsequently and separately reinstated them in a database that keeps those records, the Student and Exchange Visitor Information System, or SEVIS. However, Alex Rate with the ACLU of Montana previously told the Daily Montanan continuing the lawsuit would ensure the students have ongoing assurance their status would not change again without cause. U.S. District Court Judge Dana L. Christensen previously granted an emergency restraining order preventing the U.S. Secretary of Homeland Security Kristi Noem and the U.S. Immigration and Customs Enforcement from deporting the students, and Tuesday's 26-page ruling converts that restraining order into a preliminary injunction, reinstating their legal status for the duration of the lawsuit. 'The court made it clear that the Trump administration cannot unilaterally circumvent the law and punish students who have followed all the rules by stripping them of their legal status, disrupting their studies, and putting them at risk of deportation,' said Akilah Deernose, Executive Director of the ACLU of Montana, in a press statement. 'We are pleased that the Court granted a preliminary injunction to provide longer-term certainty and to preserve the status quo until the lawsuit is resolved. Now our clients have the assurance they need to continue their graduate studies, especially given the unpredictable actions undertaken by the Trump administration.' On April 25, the Department of Homeland Security reversed a policy that had resulted in the mass termination of international students' SEVIS records, but the court found in its ruling that because defendants could not provide 'any information — let alone any specific information or timelines' about the new policy, a preliminary injunction was warranted. 'At risk of understandment, the defendants' approach to these particular issues presents an ever-changing landscape,' according to court documents. Without more information or a guarantee of the plaintiffs' status, 'The changes wrought by defendants appear to fall squarely within the category of 'easily abandoned or altered in the future.' The court's ruling also found that the Trump administration failed to follow its own agency's regulation in terminating the SEVIS records, saying the action was 'arbitrary and capricious.' According to court documents, the federal government argued that the students' records were terminated 'due to their criminal history,' but neither student has been convicted of a crime. One student was arrested in March and charged with misdemeanor theft, but pleaded not guilty and has not been convicted of any offense. The other student had been arrested and charged with misdemeanor partner and/or family member assault but also pleaded not guilty and has not been convicted of any offense. The Department of Homeland Security cited a regulation that says criminal activity could result in termination of status as justification for their actions, but the court found that the regulation specifically states that a 'conviction' for 'a crime of violence for which more than one year imprisonment may be imposed [] constitutes a failure to maintain status.' The charges against the plaintiffs don't satisfy the criteria, the ruling states, due to one carrying a maximum sentence of less than one year of imprisonment, the other carrying no prison time, and neither plaintiff has been convicted. As a result of the injunction, both students have been able to return to work and school, according to the ACLU press release. The students — one pursuing a doctorate in electrical engineering and physics and the other a master's degree in microbiology — are both 'only a matter of months away from obtaining their advanced degrees.'

Going-to-the-Sun Road will open to vehicle traffic to Avalanche Campground
Going-to-the-Sun Road will open to vehicle traffic to Avalanche Campground

Yahoo

time09-05-2025

  • Yahoo

Going-to-the-Sun Road will open to vehicle traffic to Avalanche Campground

Going-to-the-Sun Road will be open to vehicle traffic to Avalanche Campground starting Saturday, May 10. (Keila Szpaller/The Daily Montanan) Going-to-the-Sun Road will be open to vehicle traffic to Avalanche Campground starting Saturday, just in time for Mother's Day weekend, Glacier National Park said in a news release Thursday. The park's road crew is still clearing snow farther up the road and, as of Wednesday afternoon, was working between Triple Arches and Rim Rock, Glacier said. The entire road typically does not open until sometime in mid to late June. Also starting this weekend, the Apgar Visitor Center will be open daily. The news release said the hiker/biker shuttle may operate later in the season, and the park will provide updates regarding when this free shuttle begins operating. Glacier also said this summer, starting June 13 through Sept. 28, sections of Going-to-the-Sun Road that are open to motor vehicles are closed to bicycle use between Logan Pass and the Apgar turnoff at the south end of Lake McDonald during the following times: eastbound (uphill) cycling between noon and 6 p.m. and westbound (downhill) cycling between 3 p.m. and 6 p.m. Visitors can hike and bike Going-to-the-Sun Road past the gate closure on the weekends as far as the posted pedestrian closure, the news release said. During the week, the road crew sets the closure based on where they are working and existing hazards. The park sends out text alerts, notifying the public about where the road crew and avalanche closures are set every week and general road opening and closure updates. 'Be the first to know by signing up for text alerts by texting the message 'GNPROADS' to the number 333111,' the park said. For information about additional text alerts available from the park, visit the park's website.

Effort to bring increased passenger rail could get boost under new bill
Effort to bring increased passenger rail could get boost under new bill

Yahoo

time27-03-2025

  • Business
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Effort to bring increased passenger rail could get boost under new bill

Passenger train cars roll by in Missoula. (Keila Szpaller / Daily Montanan) Hailing from St. Regis, George Bailey has an idea of the benefits a passenger railroad stop near one of the gems of the state could bring. St. Regis, of course, is a common stop for drivers on I-90. Huck's Grill, within the St. Regis Travel Center, already has (arguably) the best milkshakes in the state. But what if rail was bringing passengers too? 'Our little town relies on tourism,' Bailey said while testifying in House Transportation in support of a bill that would boost the effort to bring localized passenger rail through Montana. 'And I can envision people using the train to get to our beautiful area.' Brought by Rep. Denise Baum, D-Billings, House Bill 848 would create a 'Big Sky Rail Account' within the state special revenue fund. It would appropriate $2 million annually to the new rail account and would come from a tax on certain railroad cars. 'I hope that committee members, both in transportation and appropriations, really look at and appreciate the huge economic opportunity for the state to continue to move this forward,' Baum said in an interview with the Daily Montanan. 'Just in connectivity with rural and urban jobs, health care, and again, it benefits freight and rail. They can coexist.' Rail advocates have long pushed for more options in Montana for more railroad options in Montana, led by the Big Sky Passenger Rail Authority. The organization's stated goal is to expand passenger rail in the state, which used to be commonplace. The organization is a transportation authority with membership from 20 counties, as well as cities and transit services across the state. A $500,000 grant through the Bipartisan Infrastructure Law in 2023 helped the agency move through Phase 1 of the project, which involved creating a service development plan and cost estimates, according to the Billings Gazette. The second phase, which the appropriated money in HB 848 would go toward, would include more planning, as well as support for grants to move the project further along. Phase Two of the project would confirm the stops, Baum added. While the Rail Authority is being led by Montana, the organization's chairman — and Missoula County Commissioner — Dave Strohmaier said it includes eight states. Those eight states are part of the 2,300 miles of passenger rail the agency is seeking to use. During the Biden Administration, the project received an important federal green light as two routes through Montana were selected as 'preferred routes' in the Amtrak Daily Long-Distance Service Study. One of the routes would start in Chicago and run through Billings, Helena and Missoula before getting into Washington and going to either Seattle or Portland. In an interview, Strohmaier said it's still up for discussion which of those two major West Coast cities it would connect. The second route would run from El Paso, Texas, to Billings. Between the two routes, Baum said, passenger rail could run through Montana towns including Glendive, Miles City, Billings, Livingston, Bozeman, Helena, Missoula, and possibly either Paradise or Thompson Falls. Passenger rail went by the wayside following a boom in the 19th and early 20th century. The service remains limited in Montana along the Hi-Line in the northern part of the state. The Empire Builder runs from Chicago to Seattle. A longer Amtrak North Coast Limited/Hiawatha line used to connect Chicago to Seattle, passing through the southern part of the state. It's popular — Whitefish is the most visited stop on the Empire Builder between Seattle and Minneapolis. The station had 38,674 visitors in 2022. However, the project will not be cheap, nor will it be coming soon. Rep. Ed Stafman, D-Bozeman, said he was not trying to 'throw cold water' on the project, but pressed Strohmaier for answers on cost and timeline during the hearing. He also expressed concern the rail could be outdated by the time it was built. Strohmaier said if everything comes together without major issues, increased passenger rail service could come to Montana in 8 to 10 years. The total cost was more difficult to estimate, he added. 'Infrastructure wise, in this country, it would not be inconceivable that this would be upwards of $2 billion for a 2,300-mile long route,' Strohmaier said. Paying for the project will likely require significant federal money, and with Elon Musk's quasi-government agency, the Department of Government Efficiency, attempting to find waste, cost was a real worry for Stafman. Strohmaier seemed confident infrastructure investments would be protected. Former North Dakota Gov. Doug Burgum, who is now the Secretary of the Interior, has been a strong supporter of increased rail service, Strohmaier said. 'We feel this is straight up critical infrastructure for our nation. There is no secret that rail infrastructure, particularly passenger rail infrastructure, in the United States has lagged behind other places around the globe,' Strohmaier said. 'So I think that this administration that we have has certainly expressed thus far, support for investing in that critical infrastructure, and we've had some strong support in the past from our congressional delegation.' Large infrastructure projects are inherently expensive. For example, an 8.5-mile extension of light rail opened north of Seattle last year, costing over $3 billion and taking 15 years to build after voters approved the project in 2008. Strohmaier said the Big Sky Passenger Rail Authority could seek a voter-approved tax to fund rail, which is how some metropolitan areas pay for their transportation infrastructure, but that avenue is not likely to occur in Montana. Strohmaier said it would be difficult to ask Montana voters to help subsidize a project that involves multiple states. Importantly, rail projects over 750 miles fall into federal jurisdiction for operation and capital cost, Strohmaier said. 'We've not exercised that option to put the question to voters, and have opted for what other ways can we fund our operations and administration of the rail authority,' Strohmaier said in an interview with the Daily Montanan. 'Which is separate than operating a train or the infrastructure necessary for that. 'When we're talking a long distance route and talking about trying to bankroll the operation and capital infrastructure, that ought not to fall on the backs of Montanans.' Proponents of the bill came from all corners of the state and much of their testimony focused on how rail could benefit elderly Montanans. Margaret MacDonald, a former Montana senator and representative, who is now with Big Sky 55+, testified in support of the bill. 'I live in Billings, and my husband and I, and I certainly hope we'll be able, at some point in the future, be able to take that train to Missoula, particularly as we get older and may not be the best drivers in the world,' MacDonald said. 'It brings people together. It brings families together. It unites rural areas with urban centers.' Whitehall Mayor Mary Hensleigh also pointed to the benefits rail would have for aging populations. 'Whitehall has a population of 1,000 people, approximately, and a large percentage of those are boomers who have a real hard time admitting that they are now senior citizens, but they are, as I am,' Hensleigh said. Whitehall helps operate one of the few bus services in the state, called Whitehall Public Transportation, which is run through the nonprofit Liberty Place, Inc. The bus service already runs to Bozeman or Belgrade and could allow people to catch the train there, Hensleigh said. Other proponents pointed to economic and tourism benefits. They included the Montana Economic Developers Association, the Missoula Chamber of Commerce and the AFL-CIO — all spoke in favor of the bill. Former Missoula City council member and current Mountain Line CEO Jordan Hess said it could reduce costs associated with transportation. 'Transportation is the second-largest household cost, right behind housing,' Hess said. 'We all know the terrible strains we're in in terms of the cost of housing in the state of Montana. By offering transportation options, we can reduce the second-largest household cost, and make it more affordable for families and seniors to live in Montana and stay in Montana.' Other proponents pointed to the bipartisan nature of rail, including former Glendive City Council member Jason Stuart. He is the vice-chair of Rail Authority and serves as the executive director of the Dawson County Economic Development Council. 'Glendive and Dawson County are no quote, unquote, liberal bastion,' Stuart said. 'It is a deeply conservative community with deeply conservative elected officials. And in the four years since our county commission voted unanimously to make Dawson County one of the founding members of the BSPRA, I have heard no complaints or regrets about that from the people I represent.' Action was not immediately taken on the bill. Amtrak-Daily-Long-Distance-Service-Study-–-Final-Report-2025

Affordable housing bills ‘legitimate government concern,' judge rules
Affordable housing bills ‘legitimate government concern,' judge rules

Yahoo

time05-03-2025

  • Politics
  • Yahoo

Affordable housing bills ‘legitimate government concern,' judge rules

Montana needs more affordable housing units, and the Villagio, pictured here, and Trinity both opened in 2023, together bringing 402 new homes to Missoula. (Keila Szpaller/The Daily Montanan) Four bills the Montana Legislature adopted in 2023 in a quest to create more affordable housing in the state will stay on the books — at least for now — despite a lawsuit arguing they are unconstitutional. In an order Monday, Gallatin County District Court Judge Mike Salvagni said statutes restricting public participation in one bill, Senate Bill 382, are facially unconstitutional. However, Salvagni denied other requests the court find all four bills unconstitutional. The bills came out of Gov. Greg Gianforte's housing task force and were sponsored by Senate Republicans last session. They addressed land use legislation, including duplexes, urban infill, and accessory dwelling units, or backyard units, and they had bipartisan support. '(Monday's) ruling by Gallatin District Court to uphold critical pro-housing reforms is a victory for all Montanans striving for affordable, attainable housing,' said Gianforte, a Republican, in a statement. 'These bipartisan measures … address our state's housing crisis by increasing supply and expanding access to homeownership, a key part of the American dream.' Sen. Greg Hertz, R-Polson, one of the sponsors, also praised the outcome Tuesday. 'The ruling reinforces the legislature's authority to make common sense solutions to help with Montana's housing crisis,' Hertz said in a text message. The lawsuit was filed by MAID, Montanans Against Irresponsible Densification, a group of homeowners. MAID argued the bill package unfairly targets certain towns and counties, cuts the public out of its right to participate, usurps some of the control given to cities and counties by the 1972 Constitution, and treats some property owners differently, such as municipal residents in developments with or without covenants. The judge protected public participation rights but otherwise said the legislature was properly doing its job. 'Clearly, each of the challenged new laws are reasonably related to achieving the purpose of addressing the affordable housing problem,' the order said. 'Considering them collectively in the overall scheme of the Legislature's purpose does not diminish their Constitutionality. Through the provisions of these laws, the Legislature has enunciated its means for achieving its purposes. 'It is not the Court's function to second guess the prudence of the Legislature.' Tuesday, Jim Goetz, one of the lawyers who represented the plaintiffs, said he was unsure whether his clients would want to appeal the order. However, Goetz said he was pleased to see the judge protect public participation in his ruling. 'It will force the state to go back to the drawing board and make sure that the public is involved, and that's very important on land use decisions,' Goetz said. Goetz said some people unfairly dismiss critics of developments as NIMBYs (Not In My Backyard), but he said it's an unfair characterization, and it's also beside the point. 'People have the right to have a voice in developments next door and in their neighborhoods, and that's very important to us,' Goetz said. The Montana League of Cities and Towns is among four defendant intervenors, and its lawyer could not be reached for comment Tuesday. Montana has lacked an adequate supply of housing, especially affordable housing, for years, and the bills address different aspects of development. Senate Bill 382, the Montana Land Use and Planning Act, was a substantial part of it, and it intends to help cities modernize project development. The order characterized SB 382 as a 'massive overhaul' of subdivision and zoning regulations, and it said the bill defined public participation in site-specific developments — the latter portion which the judge deemed unconstitutional. Senate Bill 323 requires cities with populations of more than 5,000 to allow duplexes on lots zoned for single family residences. Senate Bill 528 mandates cities allow a minimum of one ADU by right on a lot or parcel with a single-family dwelling. Senate Bill 245 states cities designated as urban areas and with populations over 5,000 must allow multiple-unit dwellings and mixed-use developments in commercial zones. 'Although the term 'affordable housing' is not used in SB 245, SB 323 and SB 528, the Legislature's concern to allow additional housing in larger municipalities and ADUs in all cities is a legitimate purpose,' the order said. ' … Clearly, housing affordability is a legitimate governmental concern, and the new laws at issue related to that concern.' The lawsuit was filed over all four bills. In late 2023, a district court judge temporarily blocked SB 323 and SB 528 from taking effect, but in September 2024, the Montana Supreme Court reversed that order, and the case went back to district court, according to a timeline from the Frontier Institute, which supported the bills. 'Today's order upholding SB 323, SB 528, and SB 245 is a victory for private property rights and the legislature's efforts to address Montana's housing crisis by giving landowners in cities more freedom to build homes,' said Kendall Cotton, president and CEO of the Frontier Institute, who served on the governor's housing task force. 'At the same time, we are disappointed that the court struck down innovative provisions of SB 382 that improve the public input process and speed up housing approvals.'

Teachers rally, one significant education proposal dies, governor's bill gains support
Teachers rally, one significant education proposal dies, governor's bill gains support

Yahoo

time21-02-2025

  • Politics
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Teachers rally, one significant education proposal dies, governor's bill gains support

More than 500 people attended a rally organized by the Montana Federation of Public Employees at the Capitol in 2025 to support teachers, law enforcement, and local government officials. (Keila Szpaller/The Daily Montanan) Nearly 500 people, including teachers, rallied at the Montana Capitol this week to speak up for education and public employees, and a couple of major education proposals met divergent fates in the Montana Legislature. A 'school choice' bill, House Bill 320 died Wednesday once a number of legislators changed their votes after the legislation cleared its first hurdle on the floor and survived the Appropriations committee with a one-vote margin. Friday, however, the House gave another thumbs up for the STARS Act — Student and Teacher Advancement for Results — a key proposal in Republican Gov. Greg Gianforte's budget. It will be on its way to the Senate. Rep. Llew Jones, R-Conrad, is the lead sponsor of House Bill 252, which is aimed at increasing starter teacher pay, a persistent problem in Montana. The bill also includes academic incentives for students and ways high-cost school districts can support teachers with affordable housing. It has significant support across the political spectrum. Some supporters argue it doesn't do enough for veteran teachers, but Jones has said it targets a specific challenge in Montana, and money is limited. House Bill 320, which failed, would have created a program to help families with children in private schools and a tax credit for financial donors. The proposal was criticized as costly and lacking adequate oversight, especially given its high cost, earlier estimated to be as much as $12 million by 2029. It was praised as providing resources to families whose children don't fit the mold in public school and face rising prices. Sponsor and Rep. Lee Deming, R-Laurel, said he was disappointed in the outcome and had believed concerns from detractors had been addressed with amendments. 'There's 5,700 kids that somehow don't fit in our system right now,' Deming said. 'They're not going to get a dime. We spend $2 billion on everybody else, but we can't cut $8 million loose for those kids.' The rally Monday, organized by the Montana Federation of Public Employees, was a call on legislators to support teachers, but also other union workers, school staff, law enforcement officers, and city, county and state employees. MFPE President Amanda Curtis said the group's message was to respect public employees and fund public schools and public service — 'public good.' 'In these crazy, divided times, it is important to show up in the right spirit,' Curtis said in prepared remarks. 'Today, I'd like us to show up in a spirit of gratitude. Every single person in this building, whether they vote the right way or not, is in service to their community and our state.' HB 320 was among the bills the union had opposed for sending public resources to 'voucher schemes.' David Reese, an academic advisor in Montana State University's Department of Education, said state universities graduate enough students to fill open teaching positions, but Montana still comes up short because of pay. So teachers go elsewhere. Reese, in prepared remarks provided to the Daily Montanan, said he sees potential in the STARS Act, but also wants it to do more. 'Yes, let's boost starting teacher pay, but let's also improve their career-earnings outlook by supporting the experienced educators who have stuck with the profession through years of attacks and negative, real wage growth,' Reese said.

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