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Title 42 border policy for expelling immigrants upheld by federal court in DC

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Title 42 border policy for expelling immigrants upheld by federal court in DC

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WASHINGTON — The U.S. authorities can proceed to expel migrant households on the southern border underneath a public well being coverage often called Title 42, denying them an opportunity to ask for asylum, however can’t ship them again to international locations the place their life or freedom will probably be in peril, a federal appeals court docket dominated Friday.

The ruling, made by the U.S. Courtroom of Appeals for the District of Columbia Circuit, will for now enable the Biden administration to proceed its use of the public-health coverage, the important thing device each the Biden and Trump administrations have used for the final two years to fight unlawful border crossings.

The ruling, nonetheless, will possible require the Biden administration to start screening migrant households earlier than expelling them to make sure that any expulsion wouldn’t end result within the migrants’ persecution or torture.

BORDER PATROL AGENTS DON’T BUY BIDEN PLEDGE TO SECURE BORDER AS THEY DEAL WITH MIGRANT CRISIS: ‘FULL OF S—’

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“It’s possible that [Title 42] grants the Govt sweeping authority to ban aliens from coming into the US throughout a public-health emergency; that the Govt might expel aliens who violate such a prohibition; and that underneath…the Conference In opposition to Torture, the Govt can’t expel aliens to international locations the place their ‘life or freedom can be threatened,’” the three-judge panel wrote in a unanimous opinion.

The Facilities for Illness Management and Prevention underneath the Trump administration issued its Title 42 order in March 2020, utilizing an obscure 1944 public well being authority permitting the federal government to stop the entry of any foreigners to stop the unfold of a communicable illness.

ACLU lawsuit

The American Civil Liberties Union sued the Biden administration final 12 months over its use of Title 42 to expel migrant households with out giving them an opportunity to use for asylum, a coverage that it argued illegally circumvented current authorized protections constructed into immigration regulation.

The U.S. District Courtroom in Washington issued a preliminary opinion upholding that view, although the district court docket decide’s order halting expulsions of households was placed on maintain.

The appeals court docket narrowed that view, saying solely that the federal government doesn’t have a blanket proper to expel migrants no matter security issues.

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The case continues to be in a preliminary stage, and the appeals court docket despatched the case again to the District Courtroom for additional evaluation. The opinion additionally doesn’t apply to migrants touring with out minor youngsters, as they weren’t get together to the ACLU’s lawsuit. The Biden administration has already agreed to not use Title 42 to expel unaccompanied minors and exempted them from Title 42 underneath a brand new CDC coverage to that impact in July.

Texas ruling Friday

Nevertheless, a federal decide in Texas dominated in a separate case Friday night that the Biden administration can’t exempt unaccompanied youngsters from Title 42 based mostly strictly on their standing as unaccompanied youngsters. That lawsuit was introduced by the state of Texas, which has argued that Mr. Biden’s immigration insurance policies are dangerous to the state.

In a case filed by the ACLU difficult Title 42 underneath the Trump administration, the federal appeals court docket in Washington dominated in January 2021 that unaccompanied minors might be eliminated underneath Title 42. That court docket order turned moot after the Biden administration introduced it now not meant to take away youngsters touring alone underneath the general public well being coverage.

In his 37-page ruling Friday night time, U.S. District Decide Mark Pittman stayed his personal order for seven days, giving the federal government a chance to enchantment. Ought to the ruling stand, youngsters additionally can be topic to the D.C. court docket’s ruling.

Representatives for the Biden administration didn’t reply to requests for remark for both ruling.

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Lee Gelernt, the ACLU lawyer who argued the case earlier than the appeals court docket, stated the ruling represented a win for migrants as a result of the federal government can now not use public-health regulation to disclaim their human rights.

“No court docket has accepted the federal government’s view that the general public well being legal guidelines can override our home and worldwide obligations,” Mr. Gelernt stated. “We hope the Biden administration will now settle for this appeals court docket ruling and finish Title 42 throughout the board with no additional litigation.”

1.1 million expulsions

Within the Biden administration’s first 12 months in workplace, it expelled migrants from the nation about 1.1 million instances, with about 150,000 of these representing expulsions of migrant households. The bulk had been despatched again throughout the border to Mexico however some had been in expulsion flights to their dwelling international locations, together with to Haiti and Guatemala. The U.S. has even begun expelling some migrants to 3rd international locations, resembling Venezuelans who crossed the border illegally to Colombia, which already hosts 1.7 million displaced Venezuelans, in response to the United Nations Refugee Company.

The court docket’s ruling, ought to it not be halted pending additional litigation, would take away among the enchantment Title 42 presents. Fairly than performing blanket expulsions of migrants, such because the 1000’s of Haitians the Biden administration deported again to Haiti in September, it might want to supply every individual a screening, which is able to take appreciable time.

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The judges acknowledged that their ruling would imply that extra migrants can be stored in detention in shut proximity to one another and to frame officers, one of many conditions the federal government’s Title 42 coverage had sought to keep away from to stop the unfold of Covid-19. However the court docket rebuked the Biden administration for failing to regulate its pandemic reasoning as time handed.

“The CDC’s [Title 42] order seems to be in sure respects like a relic from an period with no vaccines, scarce testing, few therapeutics, and little certainty,” the judges wrote. “We can’t blindly defer to the CDC in these circumstances.”

Write to Michelle Hackman at michelle.hackman+1@wsj.com

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Yen rebound ripples across global markets

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Yen rebound ripples across global markets

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A dramatic rebound in the yen has sent shockwaves across global markets and left the currency on course for its best month this year, setting the scene for further volatility around Japanese and US central bank meetings this week.

The yen has leapt 4.7 per cent against the dollar in July, helped by the possibility that the Bank of Japan could raise interest rates on Wednesday, narrowing the yawning gap with Federal Reserve borrowing costs that had driven the currency to a string of multi-decade lows. Expectations of Fed cuts have also ramped up following a fall in US inflation earlier this month.

The currency’s recovery has been turbocharged by the unwind of popular “carry trades”, where investors borrowed in yen to fund the purchase of higher yielding currencies and had pushed bets against the yen to their most extreme levels for around two decades. 

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Analysts say that as investors have rushed to cut their losses on misfiring carry trades, they have been forced to sell assets in other corners of markets, adding fuel to a sharp sell-off in global tech stocks.

“The FX market is moving everything right now, because yen-funded carry trades have been one of the most popular trades this year — cutting the positions is affecting other risk positions as well,” said Athanasios Vamvakidis, global head of foreign exchange at Bank of America. 

While the yen stabilised on Friday, forex traders say volatility will intensify next week as markets prepare for a knife-edge interest rate decision by the Bank of Japan and adjust to a global shift in risk appetite and the massive unwinding of speculative currency positions. 

The predictions, made by traders in Tokyo at three investment banks, came at the end of a week in which the yen surged from ¥157.5 against the dollar to ¥153.71.

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But traders also warned that a BoJ decision on Wednesday to leave interest rates untouched could trigger a rapid reversal for the yen, sending it back on course towards the ¥161 per dollar low at which the Japanese authorities are suspected of having intervened in mid-July.

“Things really could get interesting next week for the yen, because the set-up going into the BOJ meeting is very different given that market sentiment towards the carry trade has clearly changed,” said Benjamin Shatil, FX strategist at JPMorgan in Tokyo.

“There are still a lot of short yen positions out there, which could be unwound if we get a move through 152. At the same time, if the BOJ refrains from making any substantial announcement, there might be very little resistance to the yen falling back,” he added.

Traders in swaps markets are evenly split on the prospect of the Bank of Japan lifting its key rate 0.15 percentage points to 0.25 per cent next week, up from a probability of a quarter earlier this month. 

Looming over this has been the influence from the US political scene, including comments by Donald Trump that the US had a “big currency problem” because of the weakness of yen and yuan, signalling he might explore different options for weakening the dollar if he wins the presidential election in November. 

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That has played alongside the heavy sell-off on Wall Street led by tech shares.  

“The most crowded fund manager trade had been long tech stocks and in FX it’s been short yen . . . this week has seen the most crowded trades unwind and I’m sure there was some cross over between the two,” said Chris Turner, global head of research at ING.

BoJ-watchers believe that the currency moves have placed the central bank in a difficult position, as the current economic situation appears to justify a small rate increase. If the BoJ decides not to move, said analysts, the market may decide that it has held back because the yen is now stronger, allowing the market to interpret the decision as purely reactive.

“Over the last two years people have made a lot of money shorting yen . . . there will be a bias to jump back in if the BoJ doesn’t lift rates,” said Turner.

Additional reporting by Kate Duguid in New York

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Team USA wins its first medal of the Paris Summer Olympics

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Team USA wins its first medal of the Paris Summer Olympics

The United States won its first medals at the Paris Olympic Games when Kassidy Cook and Sarah Bacon took silver in the synchronized 3m springboard final on Saturday. Cook (right) and Bacon pose after the competition at the Aquatics Center in Saint-Denis, north of Paris.

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NPR is in Paris for the 2024 Summer Olympics. For more of our coverage from the games head to our latest updates.

PARIS — Divers Sarah Bacon and Kassidy Cook have won the United States’ first medal of the Paris Olympics.

Bacon and Cook took home the silver in the 3-meter synchronized springboard competition, held at the Aquatics Center in Saint-Denis, north of Paris. This is the first time the U.S. has medaled in the event since 2012.

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Chinese competitors Chang Yani and Chen Yiwen took the gold, followed by Bacon and Cook of the U.S. Scarlett Mew Jensen and Yasmin Harper of Great Britain won the bronze medal.

This is the first medal for both Bacon and Cook. Bacon is making her Olympic debut. Meanwhile, Cook competed in the 2016 Summer Olympics in Rio de Janeiro, where she came in 13th in the women’s 3-meter springboard.

It’s the first medal of what’s expected to be another record haul of medals for Team USA at a Summer Olympics.

Kassidy Cook and Sarah Bacon of the U.S. compete in the women's synchronized 3-meter springboard diving final at the Paris 2024 Olympic Games at the Aquatics Centre in Saint-Denis, north of Paris, on Saturday. They won silver, the first U.S. medal in the event since 2012.

Kassidy Cook and Sarah Bacon of the U.S. compete in the women’s synchronized 3-meter springboard diving final at the Paris 2024 Olympic Games at the Aquatics Centre in Saint-Denis, north of Paris, on Saturday. They won silver, the first U.S. medal in the event since 2012.

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Paris Olympics lift off with extravagant opening ceremony

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Paris Olympics lift off with extravagant opening ceremony

The Paris Olympics kicked off with an extravagant opening ceremony on Friday night when an armada of boats carried 10,500 athletes along the Seine — the first outdoor version of the spectacle that was expected to be watched by a billion people.

Earlier, a shadow was cast over the event by an act of criminal sabotage that hit France’s high-speed rail network in the early hours of the morning causing nationwide transport chaos. Heavy rain then began to fall about 30 minutes into the three-hour show, a nightmare scenario for the planners of the theatrical performance that featured a massive cast of dancers, two orchestras and a clutch of pop stars, including Lady Gaga doing a cabaret-tinged song.

Before the ceremony, interior minister Gérald Darmanin said: “We are ready for this magnificent event,” adding that no specific threats had been detected. The railway sabotage would “not have direct consequence on the Olympics or the ceremony”. 

Lady Gaga performs the opening number on the riverbank © Sina Schuldt/dpa

By mid-afternoon long queues had formed for ticket holders to get into the highly secured perimeter along the Seine river where 320,000 spectators were expected along the medieval-era cobblestone quays. The format of the event required heavy security: 45,000 police were deployed on the ground and in the air, using helicopters, drones and snipers positioned on roofs. 

The weather also tested the dozens of experienced ship captains powering the parade, who navigated at precisely the right speed to keep the show on line. Some spectators fled the quays for cover as rain poured down.

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President Emmanuel Macron hosted more than 100 heads of state at Trocadero plaza across the river from the Eiffel tower where the athletes disembarked for a final parade and a performance by francophone favourite Céline Dion. Jill Biden, wife of the US president, and other leaders attended a reception at the Elysée palace beforehand. 

Map showing the route of the boat parade along the Seine river for the opening ceremony of the Paris Olympics

The idea for such an ambitious opening was the brainchild of one man, Thierry Reboul, an event specialist known for punchy marketing stunts, but pulling it off it needed more than 15,000 performers, technicians and firework specialists.

The performance featured ballet dancers on the roof of the Louvre, while hundreds of modern dancers and breakdancers performed along the quays and on some of the boats. Performers were clad in handmade outfits stitched by French couturiers, and LVMH’s Louis Vuitton trunk suitcases were prominently displayed in a lengthy segment. Bernard Arnault’s LVMH was an Olympics sponsor.

Organisers had to scale back some elements, such as BMX riders set to do tricks on a ramp because rain made it too slippery.

Floriane Issert, wearing the Flag of the International Olympic Committee (IOC), is seen on a Metal Horse on the River Seine during the opening ceremony © Getty Images

When Reboul pitched the idea for the river ceremony to Tony Estanguet, head of the Paris organising committee, the two-time gold medal winner reacted with stupor that quickly became enthusiasm. “It will be ambitious, audacious and totally crazy,” said Estanguet, recalling the moment. 

Reboul said the idea came to him on a walk along the Seine, the snaking river whose banks were chosen by a Gallic tribe called the Parisii to found a settlement about two thousand years ago. He told himself: “It should be here, of course it should be here, and nowhere else.”

The organisers hired Thomas Jolly, a 42-year-old theatre director known for a musical called Starmania, who started imagining how to convey the spirit of France from literature and culture to history. “I’m used to designing performances on a stage, and this time the entire city was my canvas,” he told reporters earlier this week. 

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Zinedine Zidane, former French football player and manager, hands the Olympic Torch to Spanish tennis player Rafael Nadal © Getty Images

Jolly hired a team he has long worked with — a musical director, choreographer and a costume designer, all renowned in their fields — and also included author Leila Slimani, scriptwriter Fanny Herrero, who created the show Call My Agent!, and others to help him write the 12 tableaux that make up the ceremony.

Before they started writing, they took long walks along the Seine for inspiration and researched the history of its bridges, such as the oldest, Pont Neuf, finished under King Henry IV in 1607, and the Pont d’Austerlitz, commissioned by Napoleon Bonaparte, from which the parade will begin.

“We drew on the past of each site and monuments: almost each stone tells something about our history of France, of the history of Paris, a history which is connected to the world,” he said. 

But Jolly and Estanguet did not want the theatrics to overshadow the athletes, instead putting them at the centre of it by giving them the best spots to view the show — the decks of the boats on the river. 

“The athletes are the heroes of the show,” said Estanguet.

Although officials remained vague about the price, French media reported that the ceremony cost about €120mn, roughly four times that of the opener of the London 2012 Games. The overall cost for the Paris Games, which was pitched as a greener edition because little new infrastructure was built, is expected to reach €9-10bn, according to the national auditor. About one-third of that will be paid for by sponsors.

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Jolly’s show was filled with memorable, kitschy moments: a hooded figure leaping across the zinc roofs of Paris, drag queens dancing to electro, beheaded royals of the French revolution set against heavy metal music, and a silver horse with an armour-clad rider gliding down the Seine.

Céline Dion closes the show with Edith Piaf’s ‘Hymne à l’amour’ © POOL/Olympic Broadcasting Services/AFP via Getty Images

Cheers rose when France’s beloved footballer Zinedine Zidane passed the torch to tennis champion Rafel Nadal.

The spectacle climaxed with an elaborate light show beaming out from the Tour Eiffel before a final flame relay to the Louvre led to a hot air balloon ascending into the night sky bearing a fiery Olympic cauldron.

Framed by the Eiffel tower, Canadian singer Céline Dion, in her first performance in years because of illness and wearing a white, beaded dress featuring 500m of fringe custom made by Dior, belted out Edith Piaf’s Hymne à l’amour.

“I declare the Paris games open,” said Macron.

Additional reporting by Adrienne Klasa

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