Michigan
Michigan federal court judge allows immigrant survivors' lawsuit to move forward
A Michigan federal district court judge ruled this month that a lawsuit against the U.S. Department of Homeland Security alleging unreasonable delays in initial decisions for people seeking U visas has enough standing to move forward.
U visas provide legal protections for non-citizens who are victims of serious crimes in the U.S. and who help law enforcement prosecute the cases. They can earn work authorization and enter a path to citizenship.
The lawsuit was brought by a group of noncitizens who applied for U visas years ago and have not yet received DHS documentation that allows for work authorization and temporary relief from deportation, called initial bona fide determinations.
The National Immigrant Justice Center, Michigan Immigrant Rights Center, and Winston and Strawn LLP filed the lawsuit on December 19, 2023.
The court previously decided to dismiss the case in A.M.P. v. DHS (formerly known as B.L.R. v. DHS) due to the fact that there is no statutory deadline for the processing of U visa applications. The plaintiffs, who were allegedly left in precarious financial, physical, and mental situations following the decision, asked the court to reconsider.
U visas, created by Congress in October 2000, aim to aid victims of crimes such as rape, trafficking, and sexual assault who have been helpful to law enforcement’s investigation or prosecution. There is, however, a cap on how many U visas can be granted each year: 10,000.
Extended backlogs have prevented U.S. Citizenship and Immigration Services from making the initial “bona fide determinations” that would support and grant these applicants amnesty.
Meredith Luneack, a staff attorney at the Michigan Immigrant Rights Center, said initial bona fide determinations allow those waiting to receive a U visa to have an understanding that their case is being processed.
Luneack also said there are community benefits to providing bona fide determination to those eligible for U visas.
“So with a work permit, which is a part of this bona fide determination, is eligibility for a work permit, (with which) comes obviously the ability to work legally in the United States, which allows for taxing in the United States, allows people to get licenses so they can drive, [and] really kind of increases their ability to become a more productive community member,” Luneak explained.
She said that the extended delays have inhibited U visas from mitigating relationships between law enforcement and immigrant communities.
“They are, you know, sitting there waiting often for years without any kind of status or any kind of acknowledgement of the fact that they have this pending U visa,” Luneack said.
This ruling overturns a previous motion brought by DHS to dismiss the case last year.
Michigan mother of three talks about how she broke her kratom addiction
Melanie Clark, 35, of Kincheloe in Michigan’s Upper Peninsula, has fought a four-year-long addiction to kratom, the so-called “gas station heroin.”
Michigan lawmakers are debating a complete ban on the sale of kratom products in the state, citing cases of addiction and instances of death from people consuming the herbal supplement known as the “gas station heroin.”
Here is what to know about this unregulated herbal substance commonly sold in convenience stores, gas stations and tobacco shops across Michigan:
What is kratom?
Kratom is a tropical tree native to Southeast Asia whose leaves contain compounds that can produce stimulant effects at low doses and opioid-like effects at higher doses. It is manufactured and sold in different forms: liquid tonics, tablets, gummies, powders and capsules.
What is kratom used for?
Kratom is marketed as a herbal supplement for energy, mood, pain relief or opioid withdrawal, though the U.S. Food and Drug Administration has not approved any of those uses. Some kratom users take it to get off heroin or fentanyl, according to University of Michigan researchers.
How is kratom pronounced?
Kratom is pronounced KRA-tum. The letter “a” takes a short “a” sound, as in crab or crack.
What is 7-OH?
7-hydroxymitragynin, or 7-OH, is an alkaloid found in kratom leaves. It is manufactured in a synthetic form to produce an opioid-like sensation of pain relief or sedation. It is more potent than pure leaf kratom and sometimes referred to as the hard liquor version of kratom (if pure leaf kratom were considered beer, which typically has a much lower percentage of alcohol by volume compared with distilled liquor).
Is kratom an opioid or addictive?
Kratom users, substance abuse counselors and doctors report symptoms of dependence and withdrawal from the substance, particularly when users exceed the recommended serving size.
The Drug Enforcement Agency has warned that kratom has “sedative effects” that “can lead to addiction.”
On July 29, the U.S. Food and Drug Administration moved to declare certain 7-hydroxymitragynine synthetic kratom products a Schedule I controlled substance, the same class of drugs as heroin, ecstasy and peyote. As of April 9, the substance had not yet been formally added to the list of Schedule I drugs, which would effectively ban 7-OH nationwide.
Does kratom have side effects?
The FDA has warned that kratom use can lead to liver toxicity, seizures or substance use disorder.
Withdrawal from the substance can lead to increased anxiety, insomnia and psychiatric episodes, according to University of Michigan researchers.
Dr. Eliza Hutchinson, a family physician based in Ann Arbor who is a clinical instructor at UM, said her substance abuse patients describe withdrawal from kratom as “the worst influenza of your life — times 10.”
CARE Southeastern Michigan, a recovery advocacy group, has reported some individuals experiencing psychotic episodes after taking 7-OH, the synthetic form of kratom.
The FDA has also said kratom is “not appropriate for use as a dietary supplement” and unsafe as an additive to food. The powder and liquid forms of kratom are sometimes marketed as an additive to shakes and smoothies.
Does kratom show up on a drug test?
Yes, if it’s part of a specialized screening of narcotics and other substances that looks for active ingredients in kratom products.
Some substance abuse clinics in Michigan are starting to test for it, said Madison Lauder, a counselor at The Guidance Center in Southgate.
“We see you so often, we have added into our (drug test) panel,” Lauder said.
Is there any age restriction on buying kratom in Michigan?
No, Michigan has no laws governing the sale of kratom and related synthetics, such as 7-OH.
But retailers set their own rules. Some stores won’t sell to anyone under age 21.
Some of the 7-OH kratom products on the shelves of stores are labeled “21+.”
But there’s no law on the books in Michigan requiring buyers to show a photo ID when buying kratom, as is required to purchase alcohol, tobacco or marijuana.
Which states have bans on selling kratom?
Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin have outright bans on the sale of kratom.
In December, Ohio’s Board of Pharmacy used the state’s controlled substance laws to ban the retail sale, distribution and possession of 7-OH and other synthetic forms of kratom, board spokesman Cameron McNamee said.
The Ohio Board of Pharmacy has a separate proposal to ban natural kratom products that remains in the rulemaking process, McNamee said.
Some cities and counties across the country have imposed varying local sales bans, including Anaheim, Calif., Spokane, Wash., and the New York City suburbs of Nassau County on Long Island, according to published reports.
What’s the status of legislation to ban kratom in Michigan?
On March 18, the Republican-controlled Michigan House voted 56-48 on legislation that would completely ban the sale of kratom products in Michigan. All 46 Democrats and two Republicans opposed the legislation.
Democrats cited a lack of any committee hearings on the legislation.
“There is no question of the growing concern around this product, and no one is saying, with this vote or otherwise, that the concern isn’t justified,” the House Democratic caucus said in a statement. “What we are saying is an outright ban, without any testimony or dialogue, is not the solution.”
The bill moved to the Democratic-controlled Senate, where Majority Leader Winnie Brinks, D-Grand Rapids, assigned it to her Government Operations Committee.
Some kratom industry interests and individual users have advocated for a ban on just the 7-OH synthetic form of kratom.
Sen. Kevin Hertel, the St. Clair Shores Democrat who chairs the Senate Health Policy Committee, said the House’s passage of a total ban on kratom has changed the debate toward prohibition, which he favors until the FDA can further study the substance and its impact on the human body.
clivengood@detroitnews.com
Staff Writers Anne Snabes and Beth LeBlanc contributed.
For much of April, showers and melting snow has swamped Michigan, flooding homes, businesses, cottages, roadways; threatening and destroying infrastructure, including dams, and forcing what is likely hundreds of Michiganders to evacuate.
The unusual weather put the entire state under a flood watch.
It’s not over.
To help, the state’s Emergency Operations Center — which was activated on April 10, along with the governor’s state of emergency declaration — created a digital map identifying shelters and damaged areas.
There also is a livestream of the Cheboygan Lock and Dam Complex.
As of Monday morning, the water level at the dam had dropped slightly, and was less than 8 inches below the top, which is still a threat to both the community in the event of a spillover — or structural failure.
The map, which the emergency center is calling a dashboard, shows warming and cooling centers and where people can get food. It tracks where the tornadoes touched down, and the roadways that are under water, were eroded away and are completely washed out.
The emergency center also is providing more information on its website on how to ask for help, what state and federal assistance might be available, and how to get emergency email alerts from the State Police.
Contact Frank Witsil: 313-222-5022 or fwitsil@freepress.com
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