Jeffrey Stein  //  1/8/18  //  Daily Update

A federal judge in Brooklyn held that the government cannot decide to criminally prosecute immigrants and then keep them locked up on immigration detainers if they are subsequently granted bail. The Trump Administration may be undermining the 2020 census by adding a question about citizenship and removing questions about gender identity and sexual orientation. After almost a year, the Trump Administration’s Justice Department lacks Senate-confirmed appointees in leadership posts running the national security, criminal, civil rights and other key divisions.

IMMIGRATION 

The number of immigrants approved for family-based visas has dropped this year to the lowest level in more than a decade, according to a review of U.S. Citizenship and Immigration Services data (Reuters).

Customs officers searched an estimated 30,200 cellphones, computers and other electronic devices of people entering and leaving the United States last year, up 60 percent from 2016, according to Homeland Security Department data (NYT).

The White House’s expansive list of hard-line immigration measures, including an $18 billion request to build a wall at the Mexican border, have imperiled a bipartisan deal to protect young unauthorized immigrants (NYT)

President Trump’s top immigration chief said he was preparing to “significantly increase” his agency’s enforcement presence in California because of last year’s passage of a “sanctuary state” law (LA Times).

Under the Trump administration, many in the agricultural industry worry that deportations could cut the supply of farmworkers from rural Mexico, which has long been “primary source of hired farm labor in the U.S.” (LA Times).

A federal judge in Brooklyn held that the government cannot decide to criminally prosecute immigrants and then keep them locked up on immigration detainers if they are subsequently granted bail (NYT).

CIVIL RIGHTS

Civil rights groups are asking DOJ to turn over documents on its efforts to expose and force changes at troubled police departments; those efforts have been significantly curtailed since Jeff Sessions took over as attorney general (WaPo).

Attorney General Jeff Sessions is rescinding several guidance documents clarifying the implications of the Americans with Disabilities Act, leading to worry amongst advocates (DisabilityScoop).

The Trump Administration may be undermining the 2020 census by adding a question about citizenship and removing questions about gender identity and sexual orientation (ACLU).

DEMOCRACY

The White House announced that it would disband the Election “Integrity” Commission led by Vice President Pence and Kris Kobach (ACLU, Politico).

The U.S. Department of Homeland Security’s election security unit said it has no immediate plans to probe allegations of electoral fraud, despite President Trump’s announcement that he was giving the issue to the agency (Reuters).

The Supreme Court has a chance to redeem itself on voting rights next week when it hears a case about whether states can purge people from the voter rolls for not voting, writes Karen Hobert Flynn of Common Cause in The Washington Post.

JUSTICE & SAFETY

After almost a year, the Trump Administration’s Justice Department lacks Senate-confirmed appointees in leadership posts running the national security, criminal, civil rights and other key divisions (WaPo).

The Trump administration will suspend most security assistance to Pakistan, the State Department said, retaliating against militant safe havens that U.S. officials blame for ongoing violence in Afghanistan (WaPo).

The United States placed sanctions on five subsidiaries of an Iranian industrial group that is thought to be aiding in the development and production of the country’s ballistic missiles (WaPo).

The Iranian ambassador to the United Nations accused the United States of abusing its power on the U.N. Security Council during an emergency meeting called by the Trump administration to discuss unrest and protests in Iran (WaPo).

Cybersecurity experts say that the United States should be prepared for Iran to target U.S. infrastructure, including economic and government assets, with destructive cyberattacks (The Hill).

REGULATION

Comcast reportedly fired about 500 salespeople, despite claiming that it would create thousands of new jobs in exchange for a big tax cut (ArsTechnica).

The Trump administration is looking to bring back and broaden a rule that Congress killed last year requiring drug testing for unemployment benefits (The Hill).

The Ninth Circuit required the Environmental Protection Agency to issue a new regulation to reduce health risks associated with exposure to lead paint, writes Cass R. Sunstein at Bloomberg.

Experts warn that a Trump Administration proposal to allow more flexibility to small businesses who band together to buy health insurance could undermine the stability of the ObamaCare marketplace (The Hill).

CHECKS & BALANCES

While the President holds an obligation to ensure faithful execution of the laws, Congress holds sole authority to appropriate resources for that power’s exercise and thus is not duty-bound to provide resources necessary for the executive branch’s fulfillment of its constitutional functions, argues Zachary Price at Take Care.

FEDERALISM

Attorney General Jeff Sessions announced that he was rescinding an Obama-era policy that had allowed legalized marijuana to flourish in many states, prompting quick pushback from at least two Republican senators (Politico).

Sessions is leaving it up to federal prosecutors to decide whether to crack down on marijuana in states where medical and recreational use is legal (The Hill).

REMOVAL FROM OFFICE

It is puzzling that Deputy Attorney General Rod Rosenstein has not recused himself from overseeing the Mueller investigation, writes Jack Goldsmith at Lawfare.

RUSSIAN INTERFERENCE  

According to two sources, the White House’s top lawyer called Attorney General Jeff Sessions on President Trump’s behalf shortly before Sessions recused himself from the FBI investigation into Russian meddling in the 2016 election and tried to persuade Sessions not to do so (NYT, WaPo).