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Russians are blocked at US border, Ukrainians are admitted
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About three dozen would-be asylum seekers from Russia discovered themselves blocked from coming into the U.S. on Friday whereas a gaggle of Ukrainians flashed passports and have been escorted throughout the border.
The scene mirrored a quiet however unmistakable shift within the differing remedy of Russians and Ukrainians who enter Mexico as vacationers and fly to Tijuana hoping to enter the U.S. for an opportunity at asylum.
The Russians – 34 as of Friday – had been camped a number of days on the busiest U.S border crossing with Mexico, two days after metropolis of Tijuana officers gently urged them to go away.
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They sat on mats and blankets, checking smartphones, chatting and snacking, with sleeping baggage and strollers close by as a stream of pedestrian border crossers filed previous them. 5 younger ladies sat and talked in a circle, some with stuffed animals.
Days earlier, some Russians have been being admitted to the U.S. on the San Ysidro crossing, whereas some Ukrainians have been blocked. However by Friday, Russians have been denied whereas Ukrainians have been admitted after quick waits.
“It’s very exhausting to know how they make choices,” mentioned Irina Zolinka, a 40-year-old Russian girl who camped in a single day together with her household of seven after arriving in Tijuana on Thursday.
Erika Pinheiro, litigation and coverage director for advocacy group Al Otro Lado, mentioned the U.S. started admitting all Ukrainians on humanitarian parole for one 12 months round Tuesday, whereas on the identical time blocking all Russians. There was no official announcement.
A Homeland Safety Division memo dated March 11 however not publicly launched till Thursday advised border officers that Ukrainians could also be exempt from sweeping asylum limits designed to stop unfold of COVID-19. It says choices are to be made case-by-case for Ukrainians however makes no point out of Russians.
“The Division of Homeland Safety acknowledges that the unjustified Russian warfare of aggression in Ukraine has created a humanitarian disaster,” the memo states.
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Homeland Safety indicated in a press release Friday that anybody deemed “significantly weak” could also be admitted for humanitarian causes on a case-by-case overview, no matter nationality.
Russian migrants in Tijuana sat off to the facet of a line of a whole bunch of border residents ready to stroll throughout the border to San Diego on Friday. The road was unimpeded.
A 32-year-old Russian migrant who hadn’t left the border crossing since arriving in Tijuana along with his spouse about 5 days earlier had no plans to go away, fearing he could miss any sudden alternative.
Inside hours of arriving, the migrant, who recognized himself solely as Mark as a result of he feared for his household’s security in Russia, noticed three Russian migrants admitted to the USA. After six hours, U.S. authorities returned his passport and mentioned solely Ukrainians have been being admitted.
“Ukrainians and Russians are struggling due to one man,” Mark mentioned, referring to Russian President Vladimir Putin. He fled shortly after Russia’s invasion of Ukraine.
U.S. officers have expelled migrants greater than 1.7 million occasions since March 2020 with no likelihood to see asylum beneath sweeping authority aimed toward stopping unfold of COVID-19. However the public well being authority, often called Title 42, is seldom used for migrants of some nationalities who’re tough to expel for monetary or diplomatic causes.
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However to assert asylum, migrants have to be on U.S. soil and U.S. officers are blocking passage apart from these it needs to confess.
Even earlier than Russia’s invasion, the USA was seeing a rise in Russian and Ukrainian asylum seekers, most attempting to enter at official crossings in San Diego somewhat than attempting to cross illegally in deserts and mountains.
Greater than 1,500 Ukrainians entered the U.S. on the Mexican border from September by February, in line with U.S. Customs and Border Safety, about 35 occasions the 45 Ukrainians who crossed throughout the identical interval a 12 months earlier.
Ukrainians who can attain U.S. soil are just about assured a shot at asylum. Solely 4 of the 1,553 who entered within the September-February interval have been barred beneath the general public well being order that lets the U.S. expel migrants with no likelihood at humanitarian safety.
The variety of Russian asylum seekers coming into at U.S land crossings from Mexico surpassed 8,600 from September by February, about 30 occasions the 288 the identical time a 12 months earlier. All however 23 have been processed beneath legal guidelines that enable them to hunt asylum.
Mexican officers have been cautious of migrants sleeping on the border. Final month they dismantled a big migrant camp with tents and tarps in Tijuana that blocked a walkway to San Diego.
Desperate to cease one other camp from forming, town distributed a letter on Wednesday asking migrants to go away their campsites for well being and security causes and supplied free shelter in the event that they couldn’t afford a lodge.
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US Supreme Court critical of TikTok arguments against looming ban
Justices at the United States Supreme Court have signalled scepticism towards a challenge brought by the video-sharing platform TikTok, as it seeks to overturn a law that would force the app’s sale or ban it by January 19.
Friday’s hearing is the latest in a legal saga that has pitted the US government against ByteDance, TikTok’s parent company, in a battle over free speech and national security concerns.
The law in question was signed in April, declaring that ByteDance would face a deadline to sell its US shares or face a ban.
The bill had strong bipartisan support, with lawmakers citing fears that the Chinese-based ByteDance could collect user data and deliver it to the Chinese government. Outgoing US President Joe Biden ultimately signed it into law.
But ByteDance and TikTok users have challenged the law’s constitutionality, arguing that banning the app would limit their free speech rights.
During Friday’s oral arguments, the Supreme Court seemed swayed by the government’s position that the app enables China’s government to spy on Americans and carry out covert influence operations.
Conservative Justice Samuel Alito also floated the possibility of issuing what is called an administrative stay that would put the law on hold temporarily while the court decides how to proceed.
The Supreme Court’s consideration of the case comes at a time of continued trade tensions between the US and China, the world’s two biggest economies.
President-elect Donald Trump, who is due to begin his second term a day after the ban kicks in, had promised to “save” the platform during his presidential campaign.
That marks a reversal from his first term in office, when he unsuccessfully tried to ban TikTok.
In December, Trump called on the Supreme Court to put the law’s implementation on hold to give his administration “the opportunity to pursue a political resolution of the questions at issue in the case”.
Noel Francisco, a lawyer for TikTok and ByteDance, emphasised to the court that the law risked shuttering one of the most popular platforms in the US.
“This act should not stand,” Francisco said. He dismissed the fear “that Americans, even if fully informed, could be persuaded by Chinese misinformation” as a “decision that the First Amendment leaves to the people”.
Francisco asked the justices to, at minimum, put a temporary hold on the law, “which will allow you to carefully consider this momentous issue and, for the reasons explained by the president-elect, potentially moot the case”.
‘Weaponise TikTok’ to harm US
TikTok has about 170 million American users, about half the US population.
Solicitor General Elizabeth Prelogar, arguing for the Biden administration, said that Chinese control of TikTok poses a grave threat to US national security.
The immense amount of data the app could collect on users and their contacts could give China a powerful tool for harassment, recruitment and espionage, she explained.
China could then “could weaponise TikTok at any time to harm the United States”.
Prelogar added that the First Amendment does not bar Congress from taking steps to protect Americans and their data.
Several justices seemed receptive to those arguments during Friday’s hearing. Conservative Chief Justice John Roberts pressed TikTok’s lawyers on the company’s Chinese ownership.
“Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?” Roberts asked.
“It seems to me that you’re ignoring the major concern here of Congress — which was Chinese manipulation of the content and acquisition and harvesting of the content.”
“Congress doesn’t care about what’s on TikTok,” Roberts added, appearing to brush aside free speech arguments.
Left-leaning Justice Elena Kagan also suggested that April’s TikTok law “is only targeted at this foreign corporation, which doesn’t have First Amendment rights”.
TikTok, ByteDance and app users had appealed a lower court’s ruling that upheld the law and rejected their argument that it violates the US Constitution’s free speech protections under the First Amendment.
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