Understand Your Rights. Solve Your Legal Problems
The 9th Federal Appeal Court’s decision regarding President Trump’s ban on travel is both interesting and simultaneously predictive of the future. The president issued several immigration-related presidential orders as soon as he took office and, although all controversial, the first one was just challenged. What the well-written ruling by the 9th Circuit demonstrates is not that the president cannot do what he is doing, but that he must do so with a finer brush stroke, states immigration expert Steven Riznyk.
Although President Trump’s heart may be in the right place, the method of execution is not one that will work over the long term. Immigration is multi-faceted and there are many special interests at stake. At any time, they are challenged in some way, there is no shortage of organizations that will take the issues to court for resolution. The more people and entities affected, the more likely a rapid onslaught of challenges will appear. This was the case here. On the other hand, his presidential order dealing with criminal offenders has had little publicity, despite the riskiness of the fact that one does not even have to be convicted to be removable.
Having practiced for 29 years, states Steven Riznyk, I believe the immigration problems cannot be repaired by only one entity, or representative. It requires multi-faceted input as there is a lot to incorporate and it is wired in the most complex of manners, sprinkled with landmines. No politician or member of the public who has not spent at least a couple of decades in this area can possibly understand it enough to clearly ascertain its strengths and weaknesses. This area, states Mr. Riznyk, requires a formidable brain trust of persons from different areas to carve out a viable solution for a functional system. An area so complex and with so many special interest groups cannot be addressed without a multitude of sub-parts addressing the different permutations possible.
The lesson to be learned here, is that if the president wants to issue presidential orders with immediate and holding effect, he will have to draft them in a manner that does not impair rights across the board and challenge constitutional issues. If he does not do that, he will find that half of his time could be spent reading appellate briefs challenging his jurisdiction. There are some aspects of the immigration system that do require immediate action and I am in favor of repairing the broken infrastructure. The challenge we face is that if the orders are drafted so broadly, they will have the opposite effect as nothing will get accomplished as the cases languish in the very busy court systems. If that happens, the negative aspects of the future orders will disappear, but so will any benefits as a result of the time these cases spend in the appellate system.
(Source: Steven Riznyk)
President Trump has a golden opportunity to reset US relations with Egypt making human rights a high priority while simultaneously supporting Egypt's fight against terrorism. Egyptian President El-Sisi was the first foreign leader to call and congratulate Mr. Trump on winning the presidential election, signalling Egypt's eagerness to form a strong relationship with the new president.
Coptic Solidarity applauds Mr. Trump's declared intentions to combat terrorism and provides some recommendations, summarized below, for the new US administration, urging it to formulate a comprehensive foreign policy approach towards Egypt, which incorporates US values and priorities without sacrificing human rights to trade or national security:
Coptic Solidarity urges the new administration to recognize that only an open-minded forward-looking Egypt can play a positive role in defeating terrorism and improving the stability of the region.
(Source: Coptic Solidarity)
As US/Mexico relations deteriorated during US President Donald Trump's first weeks in office, a powerful Texas attorney is taking a Mexican cause célèbre to the highest court in the United States.
Bob Hilliard stands with Mexico
"Innocent Mexican citizens have been killed and their families have had no recourse through the court system to seek justice," said Bob Hilliard, Founding Partner at Hilliard Muñoz Gonzales, LLP in Corpus Christi, Texas. Hilliard has taken up the cause of Sergio Adrian Hernandez Guereca, a 15-year-old Mexican citizen killed by US Border Patrol Agent, Jesus Mesa, who shot the teen at point-blank range as the unarmed boy stood yards away in Mexico.
"The agent shot him twice," an eyewitness said. "He thought about it for about five seconds, because he shot at him once, left him astonished, then shot him again."
A boy's tragic death
"One round struck subject under left eye, subject expired on scene." This is how a US Border Patrol report described the June 2010 shooting. Hilliard filed suit on behalf of Sergio's family to ensure that the boy's tragic death would bring about significant reforms in the conduct of border agents. On February 21st, Mr. Hilliard takes the case to the Supreme Court of the United States to present oral argument that the protections of the Constitution's Fourth Amendment apply.
Hilliard speaks for the voiceless
Mr. Hilliard goes before the highest court in the land to speak for the voiceless Mexican citizens victimized by excessive force at the hands of US government agents. Border agents have shot across the border and killed at least eight Mexicans since 2006, according to government records. So far, all attempts to hold these agents accountable for their actions have failed, because the victims were Mexican citizens standing on Mexican soil.
The killing zone
Mr. Hilliard said, "The border is a symbol. It is more than the physical end of one country and the beginning of another. It is a reminder of an indisputable and permanent connection of cultures and peoples, of shared lives and daily interactions."
He continued, "Our border line was never meant to be a bright line, marking the end of the rule of law and civil protections, giving those who should know better permission to shuck their training and responsibility and open fire on neighbors."
Seeking protection for Mexican citizens
A previous decision by the US Fifth Circuit Court of Appeals dismissed efforts to bring those responsible for Sergio's death to justice, suggesting that the teenager was not protected by the US Constitution, because he "was on Mexican soil at the time he was shot."
"Our Constitution is strong enough to protect the most vulnerable and innocent of our southern neighbors," said Mr. Hilliard. "The Fourth Amendment prohibits unjustified use of deadly force."
The High Court will decide if Sergio's family can sue the US Border Patrol and whether the US Constitution protects noncitizens like Sergio, who are the victims of a US agency's excessive force.
Hilliard: "this case is about right and wrong..."
Mr. Hilliard said, "To watch this increasing epidemic of unjustified shootings and not acknowledge our own responsibility to ensure justice for the victims lowers us to the basest level of inhumanity."
Mr. Hilliard continued, "The court should be the conscience of the people. It must acknowledge that human worth is not determined by place of birth and justice is not determined by where that life ends -- especially a young life cut short when a US law enforcement agent, standing inside the US and governed by this country's constitutional constraints, pulls the trigger."
Mr. Hilliard asked, "Was Sergio less worthy of protection simply because he was a poor Mexican national? Regardless of where each of us stands on the immigration debate or the building of a border wall, this case is about right and wrong, life and death. About a young life taken too soon by the actions of a US Border Patrol agent."
(Source: Hilliard Munoz Gonzales LLP)
Clean Power Plan; Waters of the United States Rule; The 2015 ozone air pollution standards. These are among the Obama administration's environment and energy regulations the Trump administration is looking to repeal, according to Bloomberg BNA's 2017 Environment and Energy Outlook.
"It is clear that the cornerstones of President Obama's environmental legacy will be under siege by the Trump White House and the Republican Congress," said Larry Pearl, News Director, Environment and Energy, Bloomberg BNA. "Environmental advocates and Democrats will be aggressively defending the measures put in place in the previous administration, and it appears that they will have to wage a battle on many fronts for the foreseeable future."
Highlights of the Outlook include:
Air and Climate: Trump has repeatedly vowed to undo the Clean Power Plan, President Obama's carbon dioxide limits on power plants. Environmental advocacy organizations will be battling to stave off any Trump administration efforts to pull back from the Clean Power Plan and other U.S. and international initiatives to reduce greenhouse gas emissions. The Trump administration also may target regulations to curb ground-level ozone and industrial emissions that were hallmarks of President Obama's environmental legacy.
Energy: Attorneys and industry observers expect the new administration to curtail energy regulations. More federal lands may be opened up for oil and gas exploration and Trump has voiced his support for the Keystone XL and Dakota Access pipelines. Additionally, Yucca Mountain could be brought back to life as a potential nuclear waste repository under the Trump administration and a Republican Congress.
Water: A rule clarifying which waters the federal government can regulate may not come to pass even before a court decides its legality, if a Trump Justice Department refuses, as expected, to defend it against dozens of legal challenges. On the water resources and infrastructure front, emergency federal assistance will go to Flint and other cities with deteriorating water systems, thanks to the December enactment of the Water Infrastructure Improvements for the Nation Act.
Chemicals: In 2016, Congress approved a bipartisan overhaul of the nation's primary chemical control law, the Toxic Substances Control Act. In 2017, EPA will continue to implement the amended law, proposing rules on how to prioritize chemicals for risk evaluation and how to conduct those evaluations, among other initiatives.
(Source: Bloomberg BNA)
Fears of an economic slowdown and the future of Europe are the main issues keeping global compliance professionals awake at night. These are the findings of new research from The Risk Advisory Group, which surveyed more than 150 compliance professionals across a range of global businesses to uncover their main concerns and priorities for the year ahead.
Half of the respondents in this year’s Compliance Horizon survey, now in its second year, cited the threat of a recession as the biggest risk facing their business in the year ahead (53%), with Brexit their second biggest concern. More than half of respondents (55%) are still unsure about what it will mean for their business, but believe that a change in regulations or new regulations are the most likely implications for them. Worryingly 1 in 10 (13%) fear that leaving Europe may adversely affect their ability to recruit the right talent.
The US election also featured highly in compliance professionals’ responses, with a quarter (27%) seeing it as one of the biggest threats facing their business in the year ahead, and a far greater number are concerned about the implications a Trump victory might have on the profession. When asked their views on the two Presidential frontrunners at the time, 4 out of 5 respondents (80.5%) identified Donald Trump as the candidate who poses the greater threat to the compliance profession.
Many articulated reasons for their view, with common themes including his express intention to deregulate the business sector and a lack of understanding of both international trading relationships and the rule of law.
Against this backdrop of unprecedented change and uncertainty, one of the challenges compliance professionals say they continue to face is lack of resource. 73% of the compliance professionals we spoke to think that their budgets will either be cut or stay the same in 2017. 48% said it would take an internal investigation to drive any increase. There is clearly a strong emphasis on doing more with the same or less in the next 12 months, which could explain why respondents said that their key priorities will be driving efficiencies in processes (cited by 51%) and ensuring company-wide engagement and training (a priority for 49%).
Commenting on the findings, Bill Waite, Group CEO of The Risk Advisory Group, said: “The UK’s decision to leave Europe and the US election result are clearly dominating compliance professionals’ thoughts right now. No one knows for sure what Brexit will mean or what impact Donald Trump’s policies will have.
“But in the face of great uncertainty, there is a sense that compliance professionals are holding their nerve, looking at how to ensure they are in the best position to adapt to new or changing regulations. For 25 % of the people we surveyed this means improving efficiencies – bolstering their internal defences so that they are prepared for the future, whatever it holds.”
The Risk Advisory Group has developed LUMA in response to the ever-increasing effort required by businesses to comply with regulations. LUMA creates a single point of control for third parties, allowing companies to collect information directly from them securely, streamline compliance processes and centralise data.
(Source: The Risk Advisory Group)
Given that the US is often seen as a barometer for trends in the UK and much of the rest of the world, the US presidential election is of massive interest to our business community.
The UK200Group – the UK’s leading membership association of chartered accountancy and law firms – has asked its members, who collectively act as trusted business advisers to 150,000 SMEs, how Donald Trump’s election victory is likely to affect the UK’s economy.
Liz Ward, Principal at UK200Group member firm Virtuoso Legal said: “I have real concerns that the US will harden its position on international trade and it will become more difficult for overseas businesses to take their goods and services to the US market. The US already makes it difficult for the importation of some goods, especially software and some cutting-edge technologies such as pharmaceutical products and things such as biosimilars (synthesised human hormones etc.). A more protectionist President won’t seek to reduce barriers, he will seek to increase them. This will set back technological advances by years and harm much of the intangible capital the UK has to offer.
“I also suspect that a Trump administration will undermine real progress in green technology generally. Trump has already dismissed global warming and there will be no encouragement of reducing carbon emissions under his administration. Again, this is another area where the UK has leading scientific advancement to offer.”
Fellow UK200Group member Charles Olley, Partner of accountants Price Bailey said: “I am delighted that Donald Trump has been elected. Career politicians who spend their lives inventing policies and rules for everyone else again feel the wrath of the voters, just as they did or should do with the Brexit vote. There is so much waste to come out of both the US and UK administrations and wider public economy, and I feel sure Donald will find some of it. Perhaps he will be able to point Philip Hammond at some of ours.”
Tim Watkins, Managing Director of UK200Group member accountancy firm Randall & Payne said: “The business community thrives on certainty, and at the moment we have a number of doubts about the future which we are all doing our best to deal with. A victory for the Republicans may mean we are nearer the front of the queue for a post-Brexit trade deal but perhaps we can expect an element of isolationism on the part of the US going forward.”
Peter Duff, Partner at law firm Morisons LLP and Vice-President of the UK200Group, said:“Post-Brexit UK businesses, in particular the SME market, are facing a period of uncertainty with which it is difficult to cope. The election of a president who has no political experience and has never operated at the top level of international politics, who is viewed with scepticism by the markets, will create further uncertainty until we see what experience he can garner around him.”
James Abbott, Managing Director at accountants Abbott Moore and President of the UK200Group, said: “With such a polarising result, I am concerned by the implications of having such a significant part of the USA that adamantly disagrees with the outcome of this election. I don't want to over-emphasise the significance of that, but it must affect behaviour. That creates the risk of more uncertainty, which has implications for economies the world over.”
Next week the UK200Group will come together for its Annual Conference, held at the Ageas Bowl, Southampton, S030 3XH from 16 to 18 November 2016. The latest international news will be a hot topic of conversation.
(Source: UK200Group)
