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"Today's ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture."
Congresswoman Alexandria Ocasio-Cortez on Monday said she will file unspecified articles of impeachment U.S. Supreme Court's right-wing supermajority ruled that former President Donald Trump is entitled to "absolute immunity" for "official acts" performed while he was in office, a decision that prompted dissenting Justice Sonia Sotomayor to declare her "fear for our democracy."
Ocasio-Cortez (D-N.Y.) said on social media that "the Supreme Court has become consumed by a corruption crisis beyond its control."
"Today's ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture," she added. "I intend on filing articles of impeachment upon our return."
The House of Representatives reconvenes next Monday.
The justices ruled 6-3 along ideological lines Monday in Trump v. United States that "the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority" and that "he is entitled to at least presumptive immunity from prosecution for all his official acts."
Dissenting, Sotomayor asserted: "Never in the history of our republic has a president had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former presidents will be cloaked in such immunity."
Far-right Justices Clarence Thomas and Samuel Alito dismissed calls to recuse themselves from the case over alleged conflicts of interest. In addition to them and Chief Justice John Roberts, the court's three Trump appointees sided with the ex-president in the case.
The decision means it is highly unlikely that Trump will face a trial for his alleged role in fomenting the January 6, 2021 Capitol insurrection before November's election, in which he is the presumptive Republican nominee. In addition to four felony charges in that case, Trump faces one trial in Fulton County, Georgia for his alleged effort to overturn the results of the 2020 election and another in Florida over his alleged mishandling of classified documents.
In May, Trump was convicted on 34 felony charges related to the falsification of business records regarding hush money payments to cover up sex scandals during the 2016 presidential election. The former president was also impeached twice while in office, although the Senate did not convict him either time.
At least one other House lawmaker—Rep. Maxwell Alejandro Frost (D-Fla.)—said he supports Ocasio-Cortez's move. Other progressive lawmakers expressed alarm over Monday's ruling.
"Presidents are not kings. Trump should absolutely be held criminally liable for inciting a violent mob to overturn the 2020 election," said Rep. Barbara Lee (D-Calif.). "This ruling sets an incredibly dangerous precedent. This extremist court has put our democracy on life support."
Sen. Ed Markey (D-Mass.) said that "the far-right extremist majority has politicized our highest court, undermined its legitimacy, and has created a dangerous 'absolute' immunity for a president's official acts."
"This is a rogue, untethered, and damaging Supreme Court. MAGA extremist justices also are ignoring the festering corruption in their ranks," he added. "We need justices committed to justice. Stolen seats filled with partisan hacks lead to alarming results. Today's ruling is devastating to our democracy."
Sen. Alex Padilla (D-Calif.) asked, "If brazenly attempting to overturn a democratic election by claiming the powers of the presidency can be a so-called 'official' act of the president, then where does it end?"
"If a former president who has fomented an insurrection at our Capitol and who now promises to serve as a dictator on day one back in office can avoid accountability in a court of law, then as Justice Sotomayor stated, I too 'fear for our democracy,'" he added.
Some progressive groups and campaigners also called for the impeachment of the six right-wing justices.
"The Supreme Court is a corrupt institution that's more concerned with advancing their ideological agenda than upholding the Constitution," Sunrise Movement said on social media. "Congress must move forward with impeachment."
Erica Payne, founder and director of Patriotic Millionaires, said in a statement that "the Supreme Court's decision effectively legalizes the use of political violence by a president so long as it is an 'official act.'"
"This relieves the presidency—and the sitting president—from the most basic level of accountability while putting our entire constitutional republic in mortal danger," she continued. "Donald Trump incited an insurrection and encouraged his thugs to storm the Capitol. The idea that he should not be held accountable if these actions were 'official' is an egregiously partisan attempt to deny reality."
"This decision is the culmination of a relentlessly executed, multidecade plan to destroy American democracy," Payne contended. "It is the inevitable outcome of rank corruption facilitated by a malignant class of American oligarchs who, over decades, bought and paid for a complicit Supreme Court."
"The frog in the pot is now at a rolling boil," she added. "The president can encourage his thugs to murder members of Congress without fear of legal repercussions. If Democrats do not immediately take bold action, historians will mark today as the moment illiberal authoritarians cemented their rule over the United States of America."
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," said one migrant rights advocate.
Immigrant rights advocates on Thursday slammed the Biden administration's proposal to fast-track the rejection of certain migrants seeking asylum in the United States.
On Thursday the U.S. Department of Homeland Security (DHS) proposed a rule that would empower immigration officials to disqualify certain asylum-seekers during their initial eligibility screening—called the credible fear interview (CFI)—using existing national security and terrorism-related criteria, or bars.
DHS said the rule would apply to noncitizens who have "engaged in certain criminal activity, persecuted others, or have been involved in terrorist activities."
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation."
Homeland Security Secretary Alejandro Mayorkas called the proposed rule "yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here."
However, Greg Chen, senior director of government relations for the American Immigration Lawyers Association, argued that while "bars are an important feature of our immigration laws to ensure that dangerous individuals are not allowed into the country," they must be "accurately applied where warranted."
"This change could make the process faster by excluding people who would not be entitled to stay," he noted. "However, due process will likely be eroded by accelerating what is a highly complex legal analysis needed for these bars and conducting them at the preliminary CFI screening."
As Chen explained:
At that early stage, few asylum seekers will have the opportunity to seek legal counsel or time to understand the consequences of a bar being applied. Under the current process, they have more time to seek legal advice, to prepare their case, and to appeal it or seek an exemption. Ultimately to establish a fair and orderly process at the border, Congress needs to provide the Department of Homeland Security with the resources to meet its mission and also ensure the truly vulnerable are not summarily denied protection without due process.
Democratic lawmakers—some of whom held a press conference Wednesday on protecting undocumented immigrants in the U.S.—also criticized the proposal.
"As the Biden administration considers executive actions on immigration, we must not return to failed Trump-era policies aimed at banning asylum and moving us backwards," said Sen. Alex Padilla (D-Calif.), referring to former Republican President Donald Trump, the presumptive 2024 GOP nominee to face President Joe Biden in November.
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation," he added.
One year ago, critics accused Biden of "finishing Trump's job" by implementing a crackdown on asylum-seekers upon the expiration of Title 42—a provision first invoked during Trump administration at the onset of the Covid-19 pandemic and continued by Biden to expel more than 1 million migrants under the pretext of public safety.
Earlier this week, the advocacy group Human Rights First released a report detailing the harms of the policy on its anniversary. The group held a press conference to unveil the report and warn of the dangers of further anti-migrant policies.
"The interviews with hundreds of asylum-seekers make clear that the asylum ban and related restrictions strands in danger children and adults seeking asylum, punishes people for seeking protection, leads to the return of refugees to persecution, spurs irregular crossings, and denies equal access to asylum to people facing the most dire risks," Human Rights First director of research and analysis of refugee protection Christina Asencio said during the press conference.
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," Asencio added.
On Wednesday, three advocacy groups—Al Otro Lado, the Civil Rights Education and Enforcement Center, and the Texas Civil Rights Project—sued the federal government on behalf of noncitizens with disabilities seeking more information regarding CBP One, the problem-plagued Customs and Border Protection app migrants must use to schedule asylum interviews at U.S. ports of entry.
"We have and continue to see migrants with disabilities facing unlawful discrimination and unequal access to the asylum process due to the inaccessibility of the app," said Laura Murchie, an attorney with the Civil Rights and Education Enforcement Center involved in the case.
"CBP needs to release these documents so we can advocate for and ensure compliance with the law so asylum-seekers with disabilities do not continue to be harmed by CBP's disregard for rights that are guaranteed by federal disability law," she added.
"So immigrants helped grow our economy? Sure doesn't fit the narrative that Republicans are selling," said Rep. Delia Ramirez.
As members of the U.S. Senate on Wednesday battled over a bipartisan security package containing "chaotic and cruel" border policies, a nonpartisan federal agency highlighted the economic benefits of immigration's impact on the labor force.
Based on 10-year projections, "the labor force in 2033 is larger by 5.2 million people, mostly because of higher net immigration," Congressional Budget Office (CBO) Director Phill Swagel said in a statement. "As a result of those changes in the labor force, we estimate that, from 2023 to 2034, GDP will be greater by about $7 trillion and revenues will be greater by about $1 trillion than they would have been otherwise."
Those are some key takeaways from a new CBO report, The Budget and Economic Outlook: 2024 to 2034.
Although, as The Washington Post's Jeff Stein pointed out, "it does not take into account any legislation that Congress may or may not approve," the immigration-related projection still caught the attention of several politicians and observers.
"Your yearly reminder that undocumented immigrants pay roughly $12 billion in taxes every year—and contribute far more than they receive in benefits!" declared Democratic strategist Sawyer Hackett.
The Institute on Taxation and Economic Policy found in 2017 that undocumented immigrants contribute an estimated $11.74 billion a year to state and local taxes. CNNreported last year that they contribute billions more to federal tax revenue by filing with individual taxpayer identification numbers.
The new CBO report notably contradicts a GOP talking point—as Republicans in Congress are suddenly killing a border package they have demanded for months, seemingly to benefit the presidential campaign of former President Donald Trump.
As legal analyst and former prosecutor Eric Lisann said in response to the report, "To be clear the prevailing discourse when Republicans discuss immigration is that immigration is a significant net drain on the economy."
Democratic New York City Comptroller Brad Landerstressed that "immigration benefits our economy. Immigrant New Yorkers are more likely to be employed and more likely to create jobs by starting businesses. Instead of scapegoating, we need stronger management to help asylum-seekers file asylum applications and get work authorizations."
Democrats in Congress—particularly those who have blasted the GOP's immigration policy demands—were also quick to weigh in.
"Turns out immigrants arent' 'takers' after all—they're givers to the U.S. economy and essential to a sustainable future, especially if we want elder generations to age with dignity," said Congresswoman Alexandria Ocasio-Cortez (D-N.Y.).
Fellow "Squad" member Rep. Ilhan Omar (D-Minn.), a Somali war refugee, suggested the CBO's report "is not helpful to all the fearmongers in the Senate and House. Clearly immigrants have and will always be an asset in our economy."
Sharing the findings on social media, Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) wrote, "This is for GOP folks screaming anti-immigrant lies about immigrants draining our economy as well as Dems who should defend immigrants and push for humane immigration reforms rather than GOP enforcement-only strategies: Immigrants strengthen our economy, communities, and country."
U.S. Rep. Delia Ramirez (D-Ill.) also urged her colleagues to circulate the information, saying: "So immigrants helped grow our economy? Sure doesn't fit the narrative that Republicans are selling. Democrats need to start standing on these facts instead of negotiating with extremists who are scapegoating our immigrant communities."
In the upper chamber on Wednesday, Sen. Alex Padilla (D-Calif.) was one of few progressive members who opposed the package—and he made clear his opposition to the border policies also widely decried by rights groups nationwide.
Padilla also noted the CBO report, saying, "Your reminder that while Republicans are hell-bent on villainizing immigrants, immigration is BOOSTING our economy."