Latest news with #TemporaryRestrainingOrder
GMA Network
2 days ago
- General
- GMA Network
SC directs Comelec to comment on NTF-ELCAC petition vs anti-discrimination reso
The Supreme Court (SC) has directed the Commission on Elections (Comelec) to comment on a petition filed by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) questioning the poll body's anti-discrimination resolution for Eleksyon 2025. 'Acting on the petition for Certiorai and Prohibition (With Application for the Issuance of a Temporary Restraining Order [TRO]), the Court resolved, without giving due course to the Petition, to require the respondent to comment on the Petition and prayer for TRO within ten days from notice hereof,' the high court ruling dated May 30 read. In April, the NTF-ELCAC filed a petition for certiorari with the SC challenging Comelec Resolution No. 11116, which sets the anti-discrimination guidelines for the May elections. The resolution also declared that labeling groups and individuals as terrorists, dissenters, and criminals without evidence is considered an election offense in the 2025 midterm national and local polls. According to the poll body, labeling can be defined as "the act of categorizing, classifying, labeling, branding, associating, naming, and accusing individuals, groups and/or organizations as 'vocal dissenters' and activists or subversive group sympathizers or terrorists, or belonging to a criminal group/syndicate without evidence." These acts may be committed in person, through radio or television, newspaper publication, internet, and other similar mediums. However, the government's anti-insurgency body accused Comelec of allegedly committing grave abuse of discretion amounting to lack or excess of jurisdiction when it declared labeling as an election offense, saying there is no law penalizing it as an offense or a criminal act. 'Moreover, the implementation of Section 3, in relation to Section 2(j), of Resolution No. 11116 would not only prejudice the NTF-ELCAC'S legitimate efforts to unmask the true identities of members, affiliates, sympathizers, and collaborators of CTGs, but it would also disempower Filipinos from exercising their constltutiona lly guaranteed freedom of expression, including their right to expose, identify, and call out communist-terrorist groups based on reliable information,' it added. With this, the NTF-ELCAC asked the Court to issue a temporary restraining order (TRO) against the Comelec resolution. It also wants to later declare the TRO permanent and for the SC to direct the Comelec to prohibit its implementation upon the rendering of judgement. Comelec to defend guidelines The Comelec, for its part, stood firm on its resolution, saying it is "ready" to defend its guidelines. "Discrimination has no place in a civilized society. It is outright despicable whether committed by state actors or private individuals," Comelec chairman George Garcia told GMA News Online. "It is both international and national issue. Our issuances fighting acts enumerated therein are our contribution to ensure orderly society even during an election and the basic fundamental human rights. We are ready to defend," he said. — RSJ, GMA Integrated News For more Eleksyon 2025 related content and updates, visit GMA News Online's Eleksyon 2025 microsite.
Yahoo
23-05-2025
- Business
- Yahoo
Gallup-McKinley County Schools Terminates Contract with Stride/K12 Citing Severe Academic and Legal Violations
District Prioritizes Student Success Over Corporate Profits; Initiates Transition to New Online Learning Model GALLUP, N.M., May 23, 2025 /PRNewswire/ -- Gallup-McKinley County Schools (GMCS) announced the termination of its educational services contract with Stride Inc. (formerly K12 Inc.), effective June 30. This action, taken during a special School Board meeting, follows months of documented legal and academic violations, including failure to comply with New Mexico law on student-teacher ratios, high student turnover, declining graduation rates, and some of the lowest academic proficiency scores in the state. GMCS School Board President Chris Mortensen stated, "Our students deserve educational providers that prioritize their academic success, not corporate profit margins. Putting profits above kids was damaging to our students, and we refuse to be complicit in that failure any longer." Stride CEO James Rhyu has admitted to failing to meet New Mexico's legal requirements for teacher-student ratios, an issue that GMCS suspects was not isolated. "We have reason to believe that Stride has raised student-teacher ratios not just in New Mexico but nationwide," said Mortensen. "If true, this could have inflated Stride's annual profit margins by hundreds of millions of dollars. That would mean corporate revenues and stock prices benefited at the expense of students and in some cases, in defiance of the law." The harm inflicted was particularly egregious in Gallup-McKinley County, one of the most impoverished regions in the United States, where Stride's online learning model served a majority-minority, low-income student population. "These are students who rely most on educational opportunity, and they were let down," Mortensen said. The data reveals a troubling decline: Graduation rates in GMCS's Stride-managed online program plunged from 55.79% in 2022 to just 27.67% in 2024. Student turnover reached an alarming 30%. New Mexico state math proficiency scores for Stride students dropped dramatically, falling to just 5.6%. Ghost enrollments and a lack of individualized instruction further compromised student learning. Despite numerous warnings and efforts by the district to support corrective action, Stride/K12 repeatedly failed to improve. The School Board unanimously approved the contract termination and has authorized its attorneys to pursue arbitration for damages. Stride's legal attempt to block the termination through a Temporary Restraining Order was rejected in an early morning hearing by the New Mexico District Court in Aztec. These issues echo national patterns exposed by The New York Times, which revealed that Stride and similar companies have too often sacrificed educational quality in pursuit of investor returns. Internal audits cited in the Times article showed leadership ignored clear red flags in favor of aggressive enrollment and revenue growth. "Gallup-McKinley County Schools students were used to prop up Stride's bottom line," said Mortensen. "This district, like many others, trusted Stride to deliver education. Instead, we got negligence cloaked in corporate branding." GMCS is now focused on the transition to a new online learning model rooted in integrity, compliance, transparency, and student success. The district is working directly with families to ensure continued academic support during the transition. Expanded special education oversight and local accountability will be central to the district's new direction. For additional updates, visit View original content: SOURCE Gallup-McKinley County Schools
Time of India
04-05-2025
- Politics
- Time of India
Preliminary injunction awarded to 133 international students who had sued over SEVIS termination
AI generated image 'We won!' - these words were echoed by 133 international students - perhaps the first cohort of plaintiffs to get a preliminary injunction , in a lawsuit of this size, which challenged the abrupt and unlawful SEVIS terminations. Judge Victoria Marie Calvert of the US district court (for the Northern District of Georgia) issued a preliminary injunction on May 2, converting an earlier temporary restraining order (TRO) into a more lasting protection for the students while their lawsuit against the Trump administration proceeds. The district court had previously directed the US agencies to reinstate the students' status retroactively to March 31, 2025, a directive that US Immigration and Customs Enforcement (ICE) confirmed it had complied with by manually updating each student's SEVIS record. Charles H. Kuck, founding partner at Kuck Baxter, an immigration law firm, who represented these students told TOI, 'We are excited for our 133 plaintiffs who had the courage to challenge this in court. Litigation works, and we have to hold rogue administrative actions accountable.' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Fisherman father cannot afford son's lifesaving treatment.. Give Hope India Donate Now Undo Also read: All 133 international students, including many Indians, who filed a lawsuit get their SEVIS records restored Read more: Georgia district court provides interim relief as it blocks termination of legal status of 133 international students All 133 international students, many of whom were from India, had proceeded with the lawsuit pseudonymously and had initially sought a Temporary Restraining Order (TRO). The lawsuit was filed against ICE, Department of Homeland Security and the US Attorney General. This lawsuit was prompted by notices received between April 1 and April 14, informing them that their SEVIS records had been terminated—citing either criminal background checks, visa revocations, or alleged failure to maintain lawful status. These international students were either enrolled in colleges and universities throughout the US, or were lawfully undergoing Optional Practical Training . They did not have any criminal history that would warrant their SEVIS records being terminated. Nonetheless, many of them received emails from their Designated School Official (DSO) directing them to leave the US immediately. Without active SEVIS records, students can lose their F-1 visa status , become unlawfully present, and risk deportation, despite being otherwise compliant with immigration rules. The students argued that ICE acted arbitrarily and capriciously by terminating their records without sufficient justification or process. Judge Calvert agreed, concluding the students are likely to succeed on their legal claims under the Administrative Procedure Act (APA). In her 35-page ruling, Judge Calvert stated that the students faced 'imminent risk of irreparable harm,' including the loss of legal status, educational opportunities, and career prospects. Contrary to this, the US agencies had claimed that the harm to the international students owing to SEVIS termination was minimal and largely theoretical. ICE claimed that the plaintiffs' claims under the APA were supplanted by the Privacy Act, which they argued provided an adequate alternative remedy. However, the district court rejected this argument, noting that the Privacy Act does not apply to the plaintiffs as they are neither US citizens nor lawful permanent residents. ICE also argued that the plaintiffs were seeking a mandatory injunction to reverse the termination of their SEVIS records, rather than a prohibitory injunction to preserve the status quo. The court dismissed this argument, clarifying that the status quo refers to the 'last peaceable uncontested' status before the dispute arose. ICE contended that the venue of the district court was improper for plaintiffs located outside Georgia and requested dismissal or transfer of their claims. However, the district court overruled this objection. As ICE failed to provide a lawful explanation for the SEVIS terminations and did not submit evidence to support its claims during the hearings, Judge Calvert emphasized that the public has a vested interest in ensuring government agencies follow the law, noting: 'There is no public interest in the perpetuation of unlawful agency action.' The order now bars US agencies from terminating or undoing that reinstatement unless authorized by the district court. However, DHS may still take lawful actions under immigration law. In a final move, the judge waived the requirement for the students to post a bond, which is typically required when a court grants injunctive relief, citing the students' good faith and the minimal risk of financial harm to the government.
Yahoo
03-05-2025
- General
- Yahoo
Judge halts evictions from VT hotel motel program
BURLINGTON, Vt. (ABC22/FOX44) – A Vermont Superior Court judge placed a Temporary Restraining Order on the Vermont Department for Children and Families this week, blocking its ability to remove people from the state's General Assistance Emergency Housing Program, also known as the hotel-motel program, for the time being. Judge Sam Hoar signed the order after Vermont Legal Aid brought a complaint about recent evictions to the court, saying they had heard from people who claimed to have been kicked out of their hotel and motel rooms without notice. The order mandates Vermont DCF can no longer evict anyone as long as it's active, must give people in the program advance notice before terminating their vouchers, and must give voucher holders a chance to challenge their eviction. The ruling marks a big win for homelessness advocates in Vermont to start the month of May, as no one will be removed from their hotel or motel rooms for at least the next two weeks. 'The people in this program, they are elderly, they are disabled, they have children … They don't deserve to be treated like they don't matter,' said Leah Burdick, an attorney with Vermont Legal Aid who helped get the Temporary Restraining Order put in place. 'This is an important victory for the rule of law and the people of Vermont, because the judge said 'Yes, people in these motels have due process rights, and they must be notified before they can be told to leave.'' Burdick said Friday that ever since last year when the Vermont Legislature and Governor Phil Scott approved an 80 day cap on how long people are allowed to stay in the program, some people have complained about being kicked out before they believe their 80 days are up, and only being given hours to remove all of their belongings from their rooms. 'What we are really concerned about is these day-of, hours-before a checkout time, when they had every expectation that they were still eligible for another set of days, that they were told, 'Nope, get out,'' Burdick said. 'This order tells the department: That's not how this works.' The order will now remain in place until there is a hearing, which has been set for Friday, May 16. At that hearing, Burdick said Vermont Legal Aid hopes to get a Preliminary Injunction, which would basically elongate the period of time Vermont DCF is prohibited form evicting anyone. Chris Winters, Vermont DCF Commissioner, commented on the Temporary Restraining Order Friday afternoon, saying the department will comply with the order, but not indicating how they might respond to it in court. 'DCF is in receipt of the Court Order and is enacting changes to ensure compliance with this temporary order,' Winters wrote. 'Households are receiving notification of their rights to maintain housing and appeal any denial or termination.' When asked how far in advance she thinks people should be notified of their upcoming evictions, Burdick didn't give an exact number of days, but said it should be long enough to where people can dispute it if they want. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
26-04-2025
- Politics
- Yahoo
NYC City Council accused of fear-mongering in bombshell lawsuit against ICE on Rikers Island
The New York City Council was accused of fear-mongering in their fight to stop ICE on Rikers Island, an attorney for the Mayors' office said in court Friday. The Adams' administration's attorney, James Catterson, made the argument to Judge Mary Rosado in response to the lawsuit and Temporary Restraining Order (TRO) placed on Adams' office to bar them from working with the Feds on the intended jail office. 'All of this is nothing but speculation,' Catterson said of the council's arguments — which hinged on distrust of the Trump administration's relationship with Mayor Eric Adams. Rosado voted to extend the restraining order — which prevents Hizzoner's officials from working with ICE on the office in any capacity — until the next preliminary hearing scheduled for May 29. Attorney for the City Council, Daniel Kornstein, contended that the push for ICE on the embattled prison island was a result of a 'Corrupt bargain' between Adams' officials and the U.S. Attorney's office. '(The Trump Administration will) twist this process into something that isn't written down,' Kornstein said. 'And we know from the last several months that the (Adams') administration has been lawless in responding to court orders from the highest court in the land,' he asserted. The City Council filed the restraining order against the administration after the Mayor's office signed an executive order permitting ICE to reopen its office on Rikers earlier this month. The order was put forth by First Deputy Mayor Randy Mastro — as Mayor Adams recused himself from the legislation in an attempt to avoid conflict — which the council contested, didn't cut it. 'Delegation doesn't cure it because the mayor did not recuse himself,' Kornstein said, 'he did not resign.' Mastro said Adams' team was 'dissapointed' in the ruling to extend the TRO at a press conference following the hearing. 'It's preventing the city from protecting itself against violent transnational criminal gangs that have been declared terrorist organizations,' The First Deputy Mayor argued. ICE previously held offices at the prison site until 2014, when then-mayor Bill De Blasio enacted sanctuary city laws that called for the agency's removal. Mayor Adams began voicing his support for its reopening shortly after Donald Trump's border czar Tom Homan threatened the NYC mayor that he would be 'up his but' if he didn't work with the Trump team on immigration. Though the order maintains ICE will only get involved in criminal investigations if allowed onto RIkers, the council has pressed on if there will be consequences if the agency acts on civil cases. Mastro said the administration is working on a template internally that he thinks will address those issues. Following the Hearing, City Council Speaker Adrienne Adams spoke to supporters of the TRO and members of the media saying: 'This represents an important step by the court to protect public safety in our city and keep all New Yorkers safe. It validates our efforts to defend New York City from being made even more vulnerable to the Trump administration's extreme agenda of unconstitutional activities by blocking the mayor from enabling these attacks on the safety and rights of the people he is supposed to represent,' she told supporters.
