Latest news with #SouthDakotaMines
Yahoo
21-05-2025
- Politics
- Yahoo
While standing up to government bullies pro bono, a lawyer represents us all
Attorney Jim Leach speaks to the media on April 18, 2025, outside the federal courthouse in Rapid City. (Matt Weiner/Rapid City Journal) Luckily for Priya Saxena, Jim Leach doesn't like bullies. Saxena is a citizen of India who collected her doctoral degree in chemical and biological engineering from South Dakota Mines in Rapid City on May 10. Just one month earlier, she was facing revocation of her F-1 student visa and the very real threat of deportation, thanks to President Donald Trump and his Secretary of Homeland Security Kristi Noem, the former governor of South Dakota. Apparently, Noem or someone who works for her believed that a four-year-old traffic violation was a good enough reason to deport Saxena and disrupt her hopes for post-doctoral work here in the United States. Leach is a Rapid City attorney who decided to represent Saxena in a lawsuit against Noem to prevent that from happening. Why? Because he believes due process under the law is essential. Because he knows democracy is worth protecting. Because he doesn't like bullies. Because Priya Saxena needed his help. And because somebody had to. International student recounts 'numb' feeling after receiving email about her potential deportation Saxena was one of more than a thousand legally admitted international students who were suddenly targeted for potential deportation because of a check of their criminal records, or because the Trump administration didn't like their participation in protests against the war in Gaza. 'I think it's outrageous what this administration did to these students, and as soon as I looked at it, I discovered it was completely lawless,' Leach said. 'That's the modus operandi of this administration – lawlessness. In trying to get what they want, they have been lawless.' Ever since Trump's second inauguration and the blizzard of executive orders that followed it, I have put my faith in the power of the American legal system to be a bulwark of due process against presidential power run amok. I believe that our judicial system – and all those judges who demand that we stand when they enter a courtroom, want to be called 'Your Honor,' and have a deep and abiding faith in the rule of law – may be the only thing that will prevent Trump and his cronies from dismantling our Constitution and trampling on the rights it guarantees. Many days, it feels like that belief hangs by a thin thread. But this past week my faith was rewarded, and my belief strengthened, thanks to the trio of U.S. District Court Judge Karen Schreier, Saxena and Leach. Schreier ruled that for now, Saxena has the right to stay in the U.S. under the terms of her F-1 visa. The judge basically told Noem, in no uncertain terms, to leave Saxena alone and let her continue to pursue her educational and employment goals. The temporary order secures Saxena's status while the lawsuit proceeds. Leach immediately followed up with a request for a similar, permanent order, which Schreier will consider next. Saxena and another lawyer who helps her with immigration matters have since submitted a work authorization application. Saxena hopes to do post-doctorate work in her field of expertise here in the U.S. for the next three years. Kudos to Schreier for issuing a preliminary injunction that protects Saxena's status. Bigger kudos to Leach, who took Saxena's case pro bono, meaning he's providing his legal services free of charge to his client, with a possibility but no guarantee that the judge will order the other side to cover his fees and costs. At 73, Leach is a rarity – a sole practitioner who still loves the work and is financially able to do it for free if needed. He takes cases that interest him, including violations of free speech, public access and civil rights, and he counts himself lucky to do so. 'I love what I do,' he said. 'It's a great privilege to do this work.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Recently, Leach lost nearly $20,000 in fees and costs for his work representing a ballot question committee against petition restrictions imposed by Lawrence County. A district court awarded the money, but the legal basis for that award was wiped out by a new U.S. Supreme Court precedent established in February. All three Trump-nominated justices supported the Lackey v. Stinnie decision. It addresses cases that are resolved with a preliminary order, like the Lawrence County case, in which the county reversed course without the need for a permanent order. The Supreme Court ruled that plaintiffs in those circumstances aren't truly 'prevailing parties' and therefore don't qualify for court-awarded attorney fees. Leach knows that 'to fight illegal action by the government, you need a lawyer.' So it comes as no surprise to him that justices appointed by Trump would weaken the pro bono system that helps provide access to the courts for people without resources. 'I will stand up to bullies,' he said. 'And this is the ultimate bully.' Pro bono is short for the Latin phrase 'pro bono publico,' which translates as 'for the people's good.' When Priya Saxena's rights were protected last week in a Rapid City courtroom, so were ours. EDITOR'S NOTE: The author's daughter-in-law is a lawyer who works with Priya Saxena on other immigration matters.
Yahoo
15-05-2025
- Politics
- Yahoo
Judge shields Rapid City international student from removal while lawsuit proceeds
Priya Saxena, right, poses for a photo with South Dakota Mines President Brian Tande after receiving her doctoral and master's degrees May 10, 2025, during a commencement ceremony in Summit Arena at Rapid City. (Seth Tupper/South Dakota Searchlight) A woman from India who recently earned master's and doctoral degrees from South Dakota Mines in Rapid City can't be removed from the U.S. as her lawsuit against the federal government proceeds, a judge has ruled. Priya Saxena sued U.S. Homeland Security Secretary Kristi Noem last month after Saxena learned that her visa had been revoked, and that Homeland Security had, in turn, terminated her record in the federal database that clears international students to study in the country. U.S. District Judge Karen Schreier ruled on Thursday that the terms of a temporary restraining order against Homeland Security that she'd applied in the case last month should extend out for the duration of the lawsuit's proceedings. International student recounts 'numb' feeling after receiving email about her potential deportation Saxena was among more than 1,000 students who'd had their student records scrubbed by Homeland Security in recent months. She's also one of many who'd earned court orders to reverse the record removal. Homeland Security opted to reinstate the student records last month, and had argued in South Dakota court documents that doing so made Saxena's lawsuit moot. Through her lawyer, Jim Leach of Rapid City, Saxena argued that it wasn't moot, as without court intervention the government could resume its attempts to deport her at any point. Saxena collected her degrees from Mines on Saturday. Days later in court, Saxena told Schreier that she'd hoped to stay in the U.S. and apply to work under the U.S. Customs and Immigration Service's Optional Practical Training (OPT) program, which allows international students to stay in the U.S. and work in their field following graduation. In Thursday's ruling, Judge Schreier wrote that the cloud of potential deportation proceedings should not hang over Saxena as she moves to participate in the post-degree work program. 'Saxena's uncertain legal status as it relates to her ability to apply for OPT programs and the more-than speculative risk that she may be arrested and deported,' Schreier wrote, justifies an injunction to stop the federal government from interfering with Saxena's plans. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
13-05-2025
- Politics
- Yahoo
International student recounts ‘numb' feeling after receiving email about her potential deportation
Priya Saxena, center, receives congratulations from her attorney, Jim Leach, foreground, after graduating with a master's and doctoral degree from South Dakota Mines on May 10, 2025, in Rapid City. (Seth Tupper/South Dakota Searchlight) RAPID CITY — Priya Saxena was staying up late to read comments about her doctoral dissertation around 1 a.m. on April 7 when she saw the message in her email. 'I was numb at the time,' she testified through tears Tuesday in a Rapid City courtroom, where she continued her fight to remain in the country. The email from U.S. immigration officials said her visa was revoked. Saxena called some friends and holed up in her bedroom. 'I was scared,' she said, 'and I had no idea what to do next.' Her fear was based on the realization that 'I could be deported at any time,' she said. A student from India, she was less than a month away from graduating with master's and doctoral degrees from South Dakota Mines, something she'd been working toward for five years. Noem's honorary degree sparks protest; meanwhile, a student she's trying to deport earns a doctorate Her visa revocation was triggered by a criminal records check of international students undertaken by the Trump administration. The check turned up a four-year-old misdemeanor traffic conviction against Saxena, for failing to pull over for an emergency vehicle in Meade County. The check also turned up a charge of driving under the influence against her from the same 2021 traffic stop, but her blood tested within the legal limit and the charge was dismissed. She had disclosed those legal matters to immigration officials when she obtained her most recent visa in 2022. The criminal records check was part of a broader action by the Trump administration against more than 1,000 international students nationwide, not only for items appearing on their records but also for activity the administration described as 'anti-Semetic,' such as publicly protesting Israel's war against Hamas in Gaza. The administration initially terminated students' records in the Student and Exchange Visitor Information System, which is used by colleges to verify and manage international student eligibility. Then the administration backtracked, leaving students such as Saxena with restored educational status but in limbo with their visas and their future. Saxena testified that she decided to book a plane ticket to India and leave the country voluntarily, but then postponed the ticket and ultimately canceled it after speaking to a defense attorney in Rapid City, Jim Leach. Since then, they've sued U.S. Homeland Security Secretary Kristi Noem — the former governor of South Dakota — and Noem's agency. The lawsuit alleges it's illegal for the government to instigate an immigration enforcement action against Saxena for something the government already knew about before it issued her current visa. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX With her degrees now in hand, and her visa not scheduled to expire until 2027, Saxena would like to apply for a program that allows international students to remain in the country and work in fields related to their degrees. Saxena has a doctorate in chemical and biological engineering and a master's in chemical engineering. U.S. District Judge Karen Schreier granted Saxena a temporary restraining order last month and extended it long enough for her to walk across the graduation stage and collect her degrees on Saturday at South Dakota Mines — the same day Noem appeared at another South Dakota institution, Dakota State University in Madison, to receive an honorary degree and deliver a commencement address. Noem was met by hundreds of protesters outside that ceremony. On Tuesday, as Saxena was in court in Rapid City, Immigration and Customs Enforcement was conducting a 'worksite enforcement action' in Madison, where the agency made an undisclosed number of arrests at two Madison businesses. ICE makes arrests in South Dakota city where Noem was subjected to a protest three days earlier Saxena's restraining order is scheduled to expire at the end of this week. Her court hearing Tuesday was about her request for a temporary injunction. That would stop the government from pursuing any further immigration enforcement proceedings against her while her lawsuit is pending. Judge Schreier heard testimony and arguments and said she'll issue a written decision in the next few days. Leach argued that Saxena needs protection from unlawful and unpredictable actions by Immigration and Customs Enforcement. He referenced the agency's widespread deportation efforts under President Donald Trump and its shifting policies. 'Everybody's afraid of ICE now, and she's afraid,' Leach said of Saxena. Michaele Hofmann, an assistant U.S. attorney, argued that a temporary injunction would improperly restrain the government from taking further action if Saxena engages in additional criminal activity, or if Saxena violates the terms of her U.S. residency in other ways. Hofmann argued that if a temporary injunction is granted, it should be narrowly tailored to allow the government to act in response to those possibilities.
Yahoo
10-05-2025
- Politics
- Yahoo
Noem's honorary degree sparks protest; meanwhile, a student she's trying to deport earns a doctorate
Department of Homeland Security Secretary Kristi Noem delivers a commencement speech at Dakota State University in Madison on May 10, 2025. (Joshua Haiar/South Dakota Searchlight) An international student in western South Dakota overcame Kristi Noem's attempt to stop her from graduating Saturday, while hundreds of people protested on the other side of the state where Noem received an honorary degree and delivered a commencement speech. The international student is Priya Saxena, from India. She received two degrees from South Dakota Mines in Rapid City: a doctorate in chemical and biological engineering and a master's degree in chemical engineering. Noem's U.S. Department of Homeland Security — which she has led since resigning as South Dakota governor in January — has been trying to deport Saxena since last month, asserting that Saxena's permission to stay in the country should be revoked because she was convicted four years ago of failing to move over for flashing yellow lights, a misdemeanor. The action is part of a broader immigration crackdown by the Trump administration. Saxena's student visa is not scheduled to expire until 2027, and if allowed to stay in the country, she could apply for an extension to work in fields related to her degrees. Saxena and her attorney, Jim Leach, of Rapid City, sued and won a temporary restraining order that assured Saxena's graduation and will halt the government's action against her until at least next week, when she has a hearing on her request for a court order to stop her deportation while the lawsuit proceeds. Saxena and her attorney have said in court filings that she has not committed a deportable offense, and have called the government's actions 'lawless.' Saxena's graduation went smoothly Saturday as she crossed the stage and received applause from the audience at Summit Arena in Rapid City. Her attorney and a university spokeswoman said Saxena preferred not to make any public comments. About 350 miles to the east at Dakota State University in Madison, Noem's speech and her acceptance of an honorary doctorate in public service went off without a hitch inside the university fieldhouse, where she did not reference the protesters or make any comments about her official duties. Outside, she was loudly opposed. Students and community members lined the sidewalks chanting phrases including 'no honor for Noem' and 'due process.' Protesters said they were spotlighting Noem's 'cruel' immigration policies and the university's decision to invite her to graduation. 'One thing that immediately came to my brain when I heard she was coming here was I was genuinely scared for the massive amounts of international students that we have on campus,' said student Maya Plummer. 'That's something we take pride in.' The ceremony in Madison included foreign students from countries such as Vietnam and India. Scenes from a protest against Homeland Security Secretary Kristi Noem on May 10, 2025, at Dakota State University in Madison. (Click an image for a slideshow and captions.) Noem's department has pursued enforcement actions against more than 1,000 international students. It has also removed temporary protected status for immigrants who fled danger in their home country, wrongly deported a Maryland man to a notorious prison in El Salvador, aired TV ads warning migrants to self-deport or avoid coming to the United States, and launched an initiative to provide up to $1,000 in 'travel assistance' to immigrants without legal authorization who self-deport, among other actions. This week, U.S. Sen. Chris Murphy, D-Connecticut, accused Noem of running a department that's 'out of control,' saying it's at risk of spending all of its $65 billion in funding before the end of the fiscal year. The Dakota State University student senate and general faculty both voted against the honorary degree for Noem, citing concerns over Noem's policies and the message her recognition would send to international students and marginalized communities. University spokespeople said they extended the invitation for Noem to speak and receive the honorary degree while she was still governor of South Dakota. The invite was based on her longstanding support of the university's nationally recognized cybersecurity programs. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Dakota State President José-Marie Griffiths said in her speech that Noem is among 'a number of individuals who were instrumental in changing the trajectory of this institution' in recent decades. She said the university was transformed from one that was losing enrollment to one that's thriving as a flagship institution for computer technology. 'And by the way, there were protests for that decision, too,' Griffiths said. Noem gave students a five-point bullet list of advice during her approximately 10-minute speech. She told students their education is important, 'But I will tell you that the world still revolves on relationships. People will be successful based on the people that they know and the people that they spend time with.' Her other advice for students included, 'You believed in Santa Claus for many years, at least believe in yourself for five minutes.' Among attendees, there were conflicting views about the protest. Some family members of graduates expressed frustration that the controversy overshadowed the event. 'Honestly, it's shocking because I feel like we should be here just celebrating the graduates,' said Anico David of Sioux Falls, whose sister graduated. 'People are making it bigger than it should be with all this protesting. In my opinion, it's kind of out of pocket and unnecessary.' Max Lerchen, who earned a master's degree, said honoring Noem 'does not reflect the values that are held by the university,' such as inclusion. He said university officials should have expected opposition, and protesters should not be blamed for pushing back. 'They knew it was going to be an unpopular decision to begin with,' he said. 'I think that's similar to being picked on by a bully, and you decide to fight back, and then people go, 'Why did you fight back?'' Andrew Sogn, a spokesman for Dakota State University, said the institution hoped for 'a celebratory atmosphere, and recognition of the graduates and their hard work.' When asked about the students and faculty who opposed Noem's honorary degree and speech, he said it was welcome, 'because I think that we encourage open conversation and freedom of expression.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
08-05-2025
- Politics
- Yahoo
Noem has some explaining to do, so let her speak
South Dakota Gov. Kristi Noem delivers her 2025 State of the State address to lawmakers at the Capitol in Pierre on Jan. 14, 2025. (Joshua Haiar/South Dakota Searchlight) After a career in journalism that has let me have my say about a wide range of issues, it's galling to me whenever a group wants to shut down someone else's speech. At issue this weekend is an honorary degree that Dakota State University in Madison plans to bestow on former South Dakota governor and current Secretary of Homeland Security Kristi Noem. She will also deliver the university's commencement address on Saturday. DSU officials — who said they extended the invitation while Noem was still governor — want to honor Noem for her support of the university's cyber initiatives and her backing of the creation of the Center for Quantum Information Science and Technology in partnership with South Dakota Mines, another state university in Rapid City. Graduation now likely for college student with revoked visa, but later deportation still possible Noem's contributions to those efforts are noteworthy. She helped DSU secure $30 million in state funding, launching it on a path toward leadership in cybersecurity research and essentially creating a new industry in South Dakota, all the while providing an important, lucrative path for DSU graduates to follow. A nonprofit, South Dakota Voices for Peace, has started a petition drive asking DSU to rescind its invitation to Noem. Voices for Peace makes its case, in part, by citing Noem's actions on immigration in her current position. Noem certainly has plenty to answer for. No doubt there will be international students in the DSU audience wondering just how welcome they are, and just how safe they are as the Trump administration makes the case for deporting as many immigrants as possible. The reality of that uncertainty for foreign students has reached into South Dakota with cases including Priya Saxena, a graduate student from India studying at South Dakota Mines. U.S. Immigration and Customs Enforcement, which is part of Noem's Department of Homeland Security, is trying to deport Saxena due to a criminal records check that turned up a four-year-old traffic ticket. Saxena has sued to protect herself from deportation, and has so far succeeded. She's scheduled to receive doctoral and master's degrees Saturday in Rapid City, around the same time Noem will speak on the other side of the state in Madison. In response to that controversy and a planned protest at DSU, Noem should use part of her commencement speech to explain why she thinks deporting a graduate student because of a traffic ticket serves the cause of public safety or national security. In reality, Noem, being a seasoned politician, will know how to tap dance around the elephant in the room. She might simply offer some praise for her past performance as governor, some graduation day bromides about tackling the challenges of the future, and some lofty talk about setting and meeting goals. If we took the microphone away from everyone we disagreed with, the country would be blissfully quiet, but we would all be just as blissfully ignorant. The speech at least presents an opportunity for Noem's critics to protest, for her to respond, and for the public to hear that response. That opportunity will be lost if the petition from Voices for Peace succeeds. The group's work advocating for immigrants is laudable, and because of that mission, its disdain for Noem is understandable. But that doesn't mean Noem should be silenced. If we took the microphone away from everyone we disagreed with, the country would be blissfully quiet, but we would all be just as blissfully ignorant. Voices for Peace wants to punish Noem by taking away her honorary degree and her chance to speak. That's not the right lesson for the students at DSU or for the rest of us. That lesson should center on supporting free speech, both for Noem and the people who oppose her. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
