Here are the governors’ races to watch in 2023

Just In | The Hill 

Three southern states are gearing up for governors’ contests in 2023 that could give an early indication of the way the political winds are blowing ahead of the presidential election in 2024.

Louisiana, Kentucky and Mississippi will all be holding off-year gubernatorial elections. While Louisiana Gov. John Bel Edwards (D) is term-limited and unable to run again, Govs. Tate Reeves (R) in Mississippi and Andy Beshear (D) in Kentucky are up for reelection. 

Here’s what to know about each gubernatorial race taking place next year.

Kentucky

Gov. Andy Beshear (D) is running for a second term in the Bluegrass State after winning his first term by less than a percentage point in 2019 against former Gov. Matt Bevin (R). 

Serving as governor in a state that former President Trump won by over 25 points in 2020, the Kentucky Democrat enjoys relatively high support. Polling from Morning Consult released in October found that Beshear ranked as one of the top 10 most popular governors in the country, sitting at an approval rating of 59 percent and up from the previous quarter when it was at 55 percent. The news outlet noted it was “driven largely by increasingly positive reviews from Kentucky’s Republican voters.”

The state’s response to tornadoes in 2021 that ravaged western Kentucky and killed more than a dozen people and serious flooding earlier this year that impacted Kentuckians among others in Appalachia earned Beshear praise from some Republicans. At the same time, Republicans have knocked Beshear’s use of emergency powers when he issued mandates during the COVID-19 pandemic, arguing that he was not collaborating with other officials or the GOP-controlled legislature.

Among the Republicans seeking to challenge Beshear include state Attorney General Daniel Cameron, former Trump U.N. Ambassador Kelly Craft, state Agriculture Commissioner Ryan Quarles and State Auditor Mike Harmon. Cameron has already notched Trump’s endorsement for the office, though it’s unclear how influential it will be among Republican voters after many of Trump’s nominees struggled during the November midterms. 

Former congressional candidate Geoff Young (D) is also running for the office.

Despite the fact that the state has regularly gone for the Republican presidential nominee in recent years, Kentucky has only had seven GOP governors since 1900, compared to 22 Democratic governors.

The gubernatorial GOP primary will take place on May 16 and the general election is set for Nov. 7. 

Louisiana

With Gov. John Bel Edwards (D) unable to run again due to term limits, the gubernatorial race is already attracting Republican challengers, including state Attorney General Jeff Landry. Though Landry is so far the only GOP candidate to announce a run so far, Sen. John Kennedy (R-La.) has confirmed he’s seriously considering a gubernatorial bid himself.

“Over the last year, Louisianans have asked me time and time again to come home to serve as governor during these difficult times. Becky and I love the people of Louisiana. We’ve always listened to them, so I am giving serious consideration to entering the governor’s race. I’ll be announcing my decision soon,” Kennedy, who was just reelected for a second term last month, said in a statement mid-November.

Among some of the other Republican officials considering throwing their hat in the ring are Rep. Garret Graves (R-La.), Lt. Gov. Billy Nungesser, state Sen. Sharon Hewitt and state Treasurer John Schroder. Some of those officials may wait until Kennedy makes a decision before making official announcements of their own, according to the Lafayette Daily Advertiser.

It’s not clear yet which Democrats may field a challenge, but whoever the candidate is will likely face an uphill battle. The last time Democrats won the governor’s mansion before Edwards was back in 2003. Edwards was also among eight governors whose approval ratings sat under 50 percent, according to an October Morning Consult poll, which may offer additional headwinds for a Democratic candidate there.

Still, the state’s Oct. 14 jungle primary gives the party a possible shot as all candidates, regardless of party affiliation, compete on the same ballot. If a candidate secures at least half of the vote, they win the gubernatorial election. If no candidate receives at least 50 percent of the vote, the two candidates with the most votes proceed to the general election on Nov. 18.

Mississippi

Over in the Magnolia State, Gov. Tate Reeves (R) is vying for another run at the governor’s mansion after winning his first term in 2019 against Democrat Jim Hood, then the state’s attorney general. Though no Republicans have officially announced intentions yet to run against Reeves, there’s still plenty of time ahead of the Aug. 8 primary for Reeves to draw a primary challenge. 

Reeves has struggled with low approval ratings during his time as governor. A survey from several universities — including Northeastern University, Harvard University and Harvard Medical School, Rutgers University and Northwestern University — released in September 2020 found that respondents’ approval of how Reeves handled COVID-19 in his state had declined throughout the year. “While his approval rating for tackling COVID-19 sat at 56 percent in late April in 2020, according to the survey, it later fell to 34 percent by late August of that year.”

Earlier this year, a survey from Morning Consult also found that Reeves was among one of eight governors to have a general approval rating under 50 percent. 

More recently, he’s also been implicated in a long-running state welfare lawsuit, which is investigating state welfare funds that were misappropriated, along with big names like former Green Bay Packers quarterback and Mississippi-native Brett Favre. Reeves has not been charged with any wrongdoing.

Among the Republicans reportedly being floated as possible challengers to Reeves are state House Speaker Philip Gunn, Secretary of State Michael Watson, Attorney General Lynn Fitch, former state Supreme Court Chief Justice and former 2019 GOP gubernatorial challenger Bill Waller Jr., among others.

Still, there’s reason to believe that Reeves will prevail in the August GOP primary given his incumbency advantage. The Daily Journal also notes that Reeves has a formidable financial advantage, too, and one strategist told the news outlet that trying to oust Reeves from a GOP primary would be no small task. The general election is Nov. 7.

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Merrick Garland’s unprecedented dilemma

Just In | The Hill 

In the new year, Merrick Garland will face two unprecedented scenarios: He could become the first attorney general in American history to indict a former president, as well as the first attorney general to be impeached by Congress. 

For months, Garland has faced the unenviable prospect of having to eventually decide whether or not to prosecute Donald Trump. There are two ongoing federal investigations into the former president: One involving his possible mishandling of classified documents and presidential records, and the other concerning his role in the Jan. 6, 2021 attack on the U.S. Capitol. 

This month, the House Select Committee that was separately investigating Jan. 6 unanimously recommended that the Department of Justice pursues at least four criminal charges against Trump for attempting to block the peaceful transfer of power after losing the 2020 election. 

Declaring that “one man,” was the “central cause” of the attack on the U.S. Capitol on Jan. 6, the committee released a scathing report detailing their findings and recommended that Trump be charged with obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement and incitement of insurrection. 

Though criminal referrals from Congress have no legal weight, and the DOJ’s own investigation into Jan. 6 is still running its course, the committee’s final report adds to the pressure that has been building on Garland for months.  

Seeking political insulation, the attorney general appointed an independent special counsel, Jack Smith, to handle the DOJ’s active investigations into Trump after he announced his intention to seek the presidency again in 2024. 

But regardless of what Smith recommends, Garland will have the ultimate say in bringing an indictment, as the attorney general has the full power to override a special counsel’s recommendation. Appointing a special counsel does not offer Garland any real degree of political absolution, and he will personally bear the consequences of the department’s eventual decision. 

Based on the current rhetoric from Republicans in the House, these consequences will likely include an impeachment inquiry into his conduct as attorney general. House Republicans already filed two impeachment resolutions against Garland in the 117th Congress, and far-right Representative Marjorie Taylor Greene (R-Ga.), who will become one of the most prominent members in the new Republican caucus, has indicated her desire to move forward with impeachment in a GOP-controlled House. 

Even if House Republicans are successful in impeaching Garland with their slim majority, he is not at real risk of being removed by the Senate, which is controlled by Democrats. There is also a sizable group of Republican senators who have rejected the idea that Biden administration officials should face impeachment en masse. 

Garland is, of course, no stranger to the Republican Party’s brazen politicization of the judicial system. He was nominated to the Supreme Court by President Barack Obama to replace the late conservative justice, Antonin Scalia, in February 2016 and the Republican-controlled Senate blocked proceedings for nearly one year, leaving the highest court one justice short for most of its term.  

It must be said that, despite the right’s baseless accusations of weaponized politicization, there is no reason whatsoever to believe that the attorney general is motivated by anything other than a sense of duty. If Garland makes the determination to charge Trump criminally, it will be because Trump broke the law.  

That being said, we cannot ignore this reality: An opposing party bringing criminal charges against a former president — who is again running for office — would set a dangerous and divisive precedent in the United States, and could turn the justice department into a perpetual political weapon. 

Even if A.G. Garland, Smith and the Department of Justice have Donald Trump dead to rights, an indictment could embolden far more nefarious actors in the future to prosecute their political opponents with much less evidence of criminality.  

It is not an exaggeration to suggest that this could trigger a constitutional crisis, a civil war — or both. Regarding the latter, Republican Sen. Lindsey Graham over the summer predicted, “riots in the streets” should Trump be indicted, and in the same interview criticized the so-called “double standard” that many on the right believe exists for the former president. 

As damaging as an indictment would be to the country, an even greater threat to the republic would be if Garland makes the decision not to prosecute Trump if there is clear and unequivocal evidence that he committed a serious federal crime or multiple.  

That could jeopardize America’s endurance, stability and place in the world. It would send the message to our allies and adversaries alike that America treats its leaders as if they are immune from the law, which goes against core democratic principles. 

No one in the United States, not even the president, should be above the law. If Donald Trump crossed the line into criminal conduct, he should face justice.  

But there is no denying that Merrick Garland, as the chief law enforcement officer in the United States, will face an unprecedented set of challenges in ultimately determining where that line is. 

Douglas E. Schoen is a political consultant who served as an adviser to President Clinton and to the 2020 presidential campaign of Michael Bloomberg. His new book is “The End of Democracy? Russia and China on the Rise and America in Retreat.”

​Criminal Justice, Opinion Read More 

These stocks set for high profit margins could rally more than 50% ahead, according to analysts

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Russia presses its Ukraine strategy, fires 40 drones at Kyiv

Politics, Policy, Political News Top Stories 

Russia deployed multiple exploding drones in another nighttime attack on Ukraine, officials said Monday, as the Kremlin signaled no letup in its strategy of using bombardments to target civilian infrastructure and wear down Ukrainian resistance to its invasion.

The barrage was the latest in a series of relentless year-end attacks, including one that killed three civilians on New Year’s Eve.

Kyiv Mayor Vitali Klitschko said Monday that 40 drones “headed for Kyiv” overnight. All of them were destroyed, according to air defense forces.

Klitschko said 22 drones were destroyed over Kyiv, three in the outlying Kyiv region and 15 over neighboring provinces.

Energy infrastructure facilities were damaged as the result of the attack and an explosion occurred in one city district, the mayor said. It wasn’t immediately clear whether that was caused by drones or other munitions. A wounded 19-year-old man was hospitalized, Klitschko added, and emergency power outages were underway in the capital.

In the outlying Kyiv region a “critical infrastructure object” and residential buildings were hit, Gov. Oleksiy Kuleba said.

Russia has carried out airstrikes on Ukrainian power and water supplies almost weekly since October.

Ukrainian President Volodymyr Zelenskyy has accused Russia of “energy terrorism” as the aerial bombardments have left many people without heat amid freezing temperatures. Ukrainian officials say Moscow is “weaponizing winter” in its effort to demoralize the Ukrainian resistance.

Ukraine is using sophisticated Western-supplied weapons to help shoot down Russia’s missiles and drones, as well as send artillery fire into Russian-held areas of the country.

Moscow’s full-scale invasion on Feb. 24 has gone awry, putting pressure on Russian President Vladimir Putin as his ground forces struggle to hold ground and advance. He said in his New Year’s address to the nation that 2022 was “a year of difficult, necessary decisions.”

Putin insists he had no choice, but to send troops into Ukraine because it threatened Russia’s security — an assertion condemned by the West, which says Moscow bears full responsibility for the invasion.

Russia is currently observing public holidays through Jan. 8.

Drones, missiles and artillery shells launched by Russian forces also struck areas across Ukraine.

Five people were wounded in the Monday morning shelling of a Ukraine-controlled area of the southern Kherson region, its Ukrainian Gov. Yaroslav Yanushevich said on Telegram.

The Russian forces attacked the city of Beryslav, the official said, firing at a local market, likely from a tank. Three of the wounded are in serious condition and are being evacuated to Kherson, Yanushevich said.

Seven drones were shot down over the southern Mykolaiv region, according to Gov. Vitali Kim, and three more were shot down in the southeastern Dnipropetrovsk region, Gov. Valentyn Reznichenko said.

In the Dnipropetrovsk region, a missile was also destroyed, according to Reznichenko. He said that energy infrastructure in the region was being targeted.

Ukraine’s Air Force Command reported Monday that 39 Iranian-made exploding Shahed drones were shot down overnight, as well as two Russian-made Orlan drones and a X-59 missile.

“We are staying strong,” the Ukrainian defense ministry tweeted.

A blistering New Year’s Eve assault killed at least four civilians across the country, Ukrainian authorities reported, and wounded dozens. The fourth victim, a 46-year-old resident of Kyiv, died in a hospital on Monday morning, Klitschko said.

Multiple blasts rocked the capital and other areas of Ukraine on Saturday and through the night. The strikes came 36 hours after widespread missile attacks Russia launched Thursday to damage energy infrastructure facilities, and the unusually quick follow-up alarmed Ukrainian officials.

In Russia, a Ukrainian drone hit an energy facility in the Bryansk region that borders with Ukraine, Bryansk regional governor Alexander Bogomaz reported on Monday morning. A village was left without power as a result, he said.

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Former GOP aide on Speaker vote: ‘Self-serving’ Republicans would make ‘mockery’ of Congress

Just In | The Hill 

A former Republican aide to two past GOP House speakers said in an op-ed published Monday that a “self-serving” move by a small group of Republicans to potentially deny House Minority Leader Kevin McCarthy (R-Calif.) the speakership would make a “mockery” of the institution of Congress. 

Brendan Buck, a communications consultant who previously worked for former Speakers John Boehner (R-Ohio) and Paul Ryan (R-Wis.), said in The New York Times op-ed that the “usual pageantry” and “fleeting” hope that the incoming Congress will be better than the last could be “immediately dashed” if the House fails to choose a Speaker on the first ballot. 

Buck said a “small band of Republican misfits” have pledged to vote against McCarthy for the speakership, and only five Republican votes against him are needed to deny him the role. He said McCarthy should do “all within reason” to secure the votes he needs to win on the first ballot. 

“Otherwise, a self-serving power play by a small group of Republicans threatens to make a mockery of the institution and further cement the notion that the party is not prepared to lead,” Buck wrote. 

McCarthy needs to win a majority of the House members present and voting to become Speaker, but the GOP’s narrow majority in the body means he cannot afford more than four votes with all 222 GOP members are voting. 

A group of at least five Republicans have expressly said or strongly indicated they would not support McCarthy for Speaker, which would be enough to deny him victory at least on the first ballot. A larger number of Republicans have demanded McCarthy agree to certain rules to win their support.

McCarthy offered a series of concessions to his detractors in the House Rules package proposed on Sunday, but it remains unclear if they will be enough to secure him the necessary support.

Buck noted that the last time the House did not choose a Speaker on the first ballot was a century ago and that it has only happened once since the Civil War. He said a failed vote would weaken McCarthy or whoever the next Speaker is. 

“But no matter who ultimately emerges as the top House Republican, the prolonged spectacle would leave the Republican majority hopelessly damaged from the start, along with the institution of the House itself,” he said. 

Buck said the House cannot conduct any other business until a Speaker is chosen, and the selection process can be time-consuming even when it goes smoothly. 

He said the House would allow members to make speeches in favor of a candidate if McCarthy does not win on the first ballot, which he said could “unleash a circus” in which GOP opponents to McCarthy question his fitness for the job on the floor. 

Buck also predicted the Rep. Andy Biggs (R-Ariz.), who is mounting a bid against McCarthy, would not win the leadership role and instead another Republican would be elected if McCarthy fails.

“But the agitators’ objective isn’t to win the speakership for one of their own; it is to weaken Mr. McCarthy or whoever emerges as the next speaker of the House. The embarrassment indeed may be the point,” Buck wrote.

​House, House rules, House speaker, House Speaker vote, Kevin McCarthy Read More 

What Democrats' new 2024 calendar would mean for diversity

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1 killed, 9 injured in New Year's Eve shooting in Alabama



CNN
 — 

A 24-year-old man was killed and nine others were injured in a shooting in Mobile, Alabama, Saturday night, according to local police, just blocks from where people had gathered for the city’s New Year’s Eve celebration.

Officers responded to a report of shots fired in the 200 block of Dauphin Street around 11:14 p.m. CT, the Mobile Police Department said in a news release.

When officers arrived, they found an “unknown subject” had shot a 24-year-old man, who was pronounced dead at the scene, the release said.

Nine other victims, ranging in age from 17 to 57, also suffered gunshot wounds and were taken to local hospitals “with injuries ranging from non-life-threatening to severe,” according to the release.

Police have taken a suspect, a man, into custody in connection with the shooting.

“The subject is receiving medical treatment and, upon release, will be transported to Metro Jail and charged with murder,” Mobile Police Cpl. Katrina H. Frazier said.

It’s unclear what motivated the shooting, which happened as crowds were in the downtown area for the MoonPie Over Mobile event.

“This is an active investigation,” Mobile Police said in the release. “We will provide updates as details become available.”

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[World] Viking Orion: Cruise passengers stranded after marine growth halts ship

The Viking Orion in 2021Image source, Getty Images
Image caption,

The Viking Orion in 2021

Hundreds of passengers have been stranded on a cruise ship off the Australian coast after a potentially harmful growth was found on its hull.

The Viking Orion was reportedly denied permission to dock in Adelaide after authorities discovered “biofoul” – an accumulation of microorganisms, plants, algae, or small animals.

This can allow invasive species to be imported into non-native habitats.

Officials said the ship’s hull must be cleaned before entering Australia.

Previous reports suggested the growth was a fungus, but this was not confirmed by the Australian fisheries department.

The department said the management of biofoul was a “common practice for all arriving international vessels” and that the ship had to be cleaned to avoid “harmful marine organisms being transported” into Australian waters.

“Professional divers were engaged directly by the vessel line/agent to clean the hull while at anchor outside Australian waters,” it added.

The ship was also reportedly denied permission to dock at Christchurch, Dunedin and Hobart. One passenger wrote on Twitter that over 800 guests remained onboard, many of whom were “upset and angry” by the company’s “negligence”.

The 14-deck, 930-person ship – which was built in 2018 – has reportedly dropped anchor around 17 miles (27km) off the coast while the cleaning occurs.

In a statement, operator Viking admitted that a “limited amount of standard marine growth” was being cleared from the ship’s hull and said that this had caused the vessel to “miss several stops on this itinerary”.

But it said that it expected to sail towards the city of Melbourne in the coming hours, where it would dock on 2 January. “Viking is working directly with guests on compensation for the impact to their voyage,” it added.

In a letter on Friday, the ship’s captain apologised that “the current cruise falls short of your expectations” and said a member of Viking’s customer relations team would make an “adjusted offer of compensation” to guests in the coming days.

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Trump tax returns raise alarms about fairness of U.S. tax code

A preliminary review of the thousands of pages of Donald Trump’s tax returns released by a key Congressional committee on Friday confirms that the former president was using business losses in the tens of millions of dollars to reduce his annual tax liability, in some cases all the way down to zero. 

While one of Trump’s main businesses was found guilty of criminal tax fraud earlier this month, Trump himself has so far not been accused of doing anything illegal with his taxes and personal accounting.

But that’s raising more urgent questions about the fairness of the U.S. tax code and tax regulations, which number in the millions of words and in the case of Trump proved effectively unenforceable.

Advocates for tax reform say that a shift in mindset is needed, that a flawed conception of taxation as punitive and economically destructive is what allows for the sort of serial tax avoidance on display in the Trump tax returns.

“With the release of Donald Trump’s tax returns we have learned that he did not pay any federal income taxes [in some years],” Frank Clemente, director of tax advocacy group Americans for Tax Fairness, said in a statement to The Hill. 

Clemente said that Trump’s tax avoidance was made possible by “a loophole-ridden tax system in need of fundamental change.”

Trump on Friday touted his ability to use the tax code to his advantage, specifically praising his use of business losses to wipe out his own personal tax bill.

“The ‘Trump’ tax returns once again show how proudly successful I have been and how I have been able to use depreciation and various other tax deductions as an incentive for creating thousands of jobs and magnificent structures and enterprises,” Trump said in a statement.

In an apparent violation of IRS policy, which mandates that presidents receive regular audits, U.S. tax collectors were not auditing Trump on an annual basis, according to the Ways and Means Committee report released last week.

The reason for that isn’t clear, but the complexity of Trump’s financial situation and the tax laws that enable it may have been to be too much for the IRS to handle with resources dedicated to it.

“The individual tax return of the former President included the activities of hundreds of related and pass-through entities, numerous schedules, foreign tax credits, and millions of dollars in [net operating loss] carryforwards,” the Ways and Means report found.

The lone IRS agent assigned to one of Trump’s audits noted “that the lack of resources was the reason for not pursuing certain issues on the former President’s returns.”

“With over 400 flow-thru returns reported on the form 1040, it is not possible to obtain the resources available to examine all potential issues,” an internal IRS memo stated, according to the report.

While the committee dumped thousands of pages of documents on Trump’s taxes on Friday, it did not release IRS audit files along with them — a notable omission since the reason for obtaining and releasing Trump’s returns was supposed to be IRS oversight.

“Where are the IRS workpapers?” tax expert Steve Rosenthal said in an email to The Hill. “I thought the Ways and Means Committee was sharing Trump’s tax returns to allow the public to assess the IRS audit. The Joint Tax Committee reported the IRS audit was abysmal, which seems correct. But Joint Tax used the IRS workpapers to illuminate. We ought to see them also.”

The IRS is set to receive $80 billion in additional funding over the next decade, nearly doubling the operating budget of the agency on an annual basis and improving its capacity to audit complex business operations like those belonging to Trump.

But a structural discrepancy in the U.S. tax system between the way workers and business owners are taxed means that this new money for law enforcement might not be as effective as more legal reforms.

“Under the current system, American workers pay virtually all their tax bills while many top earners avoid paying billions in the taxes they owe by exploiting the system,” Treasury Secretary Janet Yellen said in 2021.

“At the core of the problem is a discrepancy in the ways types of income are reported to the IRS: opaque income sources frequently avoid scrutiny while wages and federal benefits are typically subject to nearly full compliance. This two-tiered tax system is unfair and deprives the country of resources to fund core priorities,” she said.

Tax reform advocates say it’s time to be taxing wages and capital in the same way.

“We should tax income from wealth the same as income from work. Very little of Trump’s money was earned by working—most was just ‘earned’ when he sold assets he inherited that had grown in value,” Amy Hanauer, director of the Institute for Taxation and Economic Policy, wrote in an editorial for Newsweek.

“This is backwards. Lawmakers should equalize these rates so that someone who wakes up at 6 a.m. and trudges to work in the rain doesn’t pay a higher rate than someone who sits in their inherited mansion watching the stock portfolio they were given grow,” she wrote.

Speaking in November, Fred Goldberg, who was IRS Commissioner under George H.W. Bush, said that simplifying the U.S. tax code has long been a moonshot for lawmakers.

“That’s been the holy grail for 40 years,” he said.

Beyond the policy questions raised by Trump’s labyrinthine returns, their release represents the latest chapter in years of political sparring over the former president’s business career and the tactics he used to amass his wealth and fame.

Throughout his first political career, Trump and his supporters pledged he would be a ruthless dealmaker on behalf of the American people. While Trump attributed his success to a tireless work ethic and unique ability to dominate negotiations, a series of financial records, media reports, and lawsuits exposed his heavy reliance on tax credits, bankruptcy litigation and fraud to build a real estate empire.

Democrats often criticized Trump for claiming to be a virtuosic businessman despite declaring bankruptcy four times and amassing billions of dollars in debt to finance a string of deals. They also sought Trump’s tax returns to assess the true nature of his wealth and the depth of his financial connections abroad.

“As the public will now be able to see, Trump used questionable or poorly substantiated deductions and a number of other tax avoidance schemes as justification to pay little or no federal income tax in several of the years examined,” said Rep. Don Beyer (D-Va.) in a Friday statement.

Trump and his Republican supporters in Congress, however, defended the former president’s business practices as a basic part of operating in real estate. The former president anointed himself the “king of debt” in 2016 amid frequent criticism of his past bankruptcies, which he called an effective way of keeping his business going.

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Biden's border crisis: Our immigration courts have a 2,023,441 case backlog and it's more than we can handle

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The Border Patrol had more than 2.2 million encounters with illegal crossers between ports of entry on the Southwest border in fiscal 2022.   

A recent report from the DHS Inspector General indicates that most of the illegal crossers are not put in detention facilities or expelled under Title 42, but rather are processed for outcomes allowing them to be released into the United States to wait for immigration hearings. This has overwhelmed the immigration courts.  

The immigration court backlog was 1,262,765 cases at the end of fiscal 2020, which was the last full fiscal year of the previous administration. Under the current administration, it has risen to 2,023,441 cases as of the end of November 2022.  

ICE DEPORTATIONS REMAINED WELL BELOW TRUMP-ERA LEVELS IN FY 2022, AMID HISTORIC BORDER CRISIS

Almost 800,000 of them have submitted asylum applications and are waiting for an asylum hearing. The average wait from when an application is filed to when an applicant’s case will be heard is 1,572 days, or 4.3 years.  

DHS Secretary Alejandro Mayorkas has been criticized for lack of border enforcement.

DHS Secretary Alejandro Mayorkas has been criticized for lack of border enforcement.
(AP Photo/Jose Luis Magana)

Moreover, many others have been allowed to enter the United States to wait for an asylum hearing but have not filed an asylum application yet. And the number of asylum seekers is likely to increase greatly when Title 42 is terminated. 

The administration seems to want to deal with this problem by finding faster ways to adjudicate the applications instead of admitting fewer asylum seekers to give the immigration court a chance to catch up. 

For instance, on May 28, 2021, the administration announced a new Dedicated Docket which is supposed to expeditiously and fairly make decisions on the immigration cases of newly arrived families who are apprehended between ports of entry at the Southwest Border. INA §1325(a) provides that such entries are crimes subject to imprisonment for up to two years. 

DHS Secretary Alejandro Mayorkas says in the announcement that, “Families who have recently arrived should not languish in a multi-year backlog; today’s announcement is an important step for both justice and border security.”  

The immigration court backlog was 1,262,765 cases at the end of fiscal 2020, which was the last full fiscal year of the previous administration. Under the current administration, it has risen to 2,023,441 cases as of the end of November 2022.  

He is referring to newly arriving families, not the families who already are languishing in the multi-year backlog. 

The announcement concludes that while “the goal of this process is to decide cases expeditiously, fairness will not be compromised.” 

Dedicated Dockets are not new or fair. 

The Obama and Trump administrations also had Dedicated Dockets for newly arriving migrants to prevent them from having to wait a long time for a hearing. 

The Vera Institute of Justice claims that as prior efforts to use expedited dockets have demonstrated, Dedicated Dockets do not provide due process. Court records for a two-year period during the Obama administration show that it was rare for an unrepresented family in Dedicated Docket proceedings to file the papers needed to seek asylum or other forms of relief from deportation. Only 1 in 15 (6.5 percent) managed to do this without representation. 

According to a recent TRAC report, more than 110,000 cases have been assigned to the current administration’s Dedicated Docket, and nearly 40,000 of them have been completed. The vast majority (83%) of the completed cases were closed within 300 days from the date of receiving a Notice to Appear in removal proceedings.  

But a price must be paid for doing this. Georgetown Law School Professor Paul Schmidt points out that when Dedicated Docket judges are not available to hear cases on the general docket, it places extra burdens on their judicial colleagues who are handling the general docket cases. 

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And taking judges away from the general docket to serve on the Dedicated Docket also reduces the number of judges who are available for doing cases that would reduce the backlog.  

TRAC found that only 34% of the families whose cases have been completed had representation, and few families without representation have been able to complete the paperwork required for filing an asylum application.  

Overall, only 2,894 out of 39,187 families who had hearings in fiscal 2022 were granted asylum. The cases in which asylum was granted represent just 7.4% of the completed cases. 

The Vera Institute of Justice would address this problem by providing representation for every migrant in Dedicated Docket proceedings.  According to the Institute, “No immigrant should be forced to go through immigration court proceedings without legal defense.”  

Is that even possible?  And if it is possible, who is going to pay for it?  INA §1229a(b)(4), which provides that migrants have the “privilege of being represented” in removal proceedings, specifies that it must be “at no expense to the Government.” 

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Frankly, I think the main problem is that the administration is flooding our already overwhelmed immigration court with a tsunami of illegal crossers who claim that they are asylum seekers. 

The attempt to relieve the immigration court’s backlog crisis with a Dedicated Docket didn’t work for the Obama administration and it isn’t working for the current administration either.

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