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Legal Community Reacts to Border Wall, Gov't Shutdown

As the federal government’s partial shutdown continues, legal advocates and experts have weighed in on the immigration policy dispute and have offered everything from criticism to free legal services.

President Donald Trump has asked Congress to approve an estimated $5 billion in funding for a border wall with the hopes of compromising on a bill to reopen the federal government. The president’s plan has ruffled a few feathers, but his base has clamored for strong national security policies in what some are calling a “crisis” at the border.

Recently, the president suggested he may declare a national emergency with the hopes of funding the wall without Congressional approval.

Critics of the president’s plan were not shy in the wake of his most recent address. The American Civil Liberties Union’s deputy political director, Lorella Praeli, issued a statement in response.

"There is indeed a humanitarian crisis at the border—but it is one of this administration’s own making. Its manufactured security emergency isn’t credible," Praeli said. "President Trump and Secretary [Kirstjen] Nielsen have lied about border statistics and conditions, continued to push narratives that are proven false, and egregiously distorted realities. Their denial of the humanity and rights of immigrants is driving this administration’s policy agenda, and it is killing people.

On January 8, Trump made a speech painting a grim picture of unchecked southern border. In his speech, he laid his statistical case for stronger illegal immigration measures:

  • 266,000 arrests for aliens with records including;
  • 100,000 assault charges of convictions;
  • 30,000 sex crimes charges of convictions; and
  • 4,000 violent killings charges of convictions

The ACLU’s response, though, pointed fingers at Trump for making a bad situation worse.

“With tonight’s speech, President Trump chose to compound the chaos because he can’t convince the majority of Americans that their taxpayer dollars should fund his bogus campaign promise," Praeli said. "We are just days away from the longest government shutdown in American history, because Senate Majority Leader McConnell and the White House continue to obstruct a clear way out, blocking bipartisan bills to reopen the government.”

National Immigration Law Center Calls Out Trump

Marielena Hincapié, executive director at the National Immigration Law Center also weighed in on the president’s comments.

“For the past several weeks, [Trump] has stubbornly refused to negotiate solutions that will keep our country functioning and safe," Hincapié says. "In the meantime, two children have unconscionably died in U.S. government custody, thousands of government workers are being denied their incomes, treasured national parks are in disarray, and Native American communities are being disproportionately deprived of critical services.”

Hincapié Added: “American taxpayers have made their views clear. As citizens and as people, we must not only hold our government accountable for spending our taxpayer dollars wisely, but also demand that it take responsibility and address the deaths of the two children under its care and the dangerous situation it is creating for communities on the southern border.”

ABA Looks to Assist Lawyers Impacted By Border Wall Dispute

The American Bar Association is offering Continuing Legal Education (CLE) programs to lawyers affected by the partial federal government shutdown resulting from the border wall policy battle.

The programs offered are:

  • “Government Lawyers’ Ethical Duties: Staying Current Amid 21st Century Changes;”
  • “Flying Through Government Thunder Clouds: Navigating Cloud Procurements, Cybersecurity & Regulatory Issues in the Public Sector;”
  • “The False Claims Act and Government Contracts: The Intersection of Federal Government Contracts, Administrative Law, and Civil Fraud;”
  • “Disaster Resiliency: How Tax Attorneys Can Assist When a Disaster Strikes;” and
  • “Anatomy of a Healthcare Data Breach — HIPAA, FTC, and EU GDPR Implications” 

 “The ABA, as the largest representative of the legal profession, looked at how we could quickly mobilize to help lawyers affected by the government shutdown,” said ABA Executive Director Jack Rives. “We are offering a range of free CLE courses to those attorneys, including those who are not currently ABA members. This is a way to help lawyers during this difficult time who do so much for the country.”

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