Connect with us

Politics

Why hasn’t it happened yet?

Published

on


In an intended show of good faith exalting their newly repaired relationship following the 2024 GOP presidential primaries, President Donald Trump in July publicly approved Gov. Ron DeSantis’ request to turn members of the Florida National Guard into immigration Judges.

“He didn’t even have to ask me,” Trump said at the time, jovially noting that although he and DeSantis had a particularly vicious fallout just months earlier, their “matching blood” keeps them together.

“He has my approval.”

But three months later, the Florida National Guard still hasn’t received instructions to train its nine attorneys within the Judge Advocate Generals Corps (JAGs) as temporary immigration Judges, a spokesperson told the Florida Phoenix. This came even after the White House in August watered down the requirements to temporarily preside over the deportation hearings.

Previously a quiet position, immigration Judges — the only authorities who can revoke green cards and issue final orders of removal to certain noncitizens being deported — have dominated headlines after 125 of them have either been fired or resigned this year alone, down from about 700 Judges at the beginning of the year, NPR reported.

Although the eliminations align with the Trump administration’s promise to cut waste and streamline governmental efficiency, the Judge shortfall is rapidly being backfilled by about 600 regular military lawyers newly authorized to work as temporary immigration Judges. NPR reports that their training will last roughly two weeks.

But even as deportations ramp up, and DeSantis continues to suggest the Florida National Guard’s JAG officers be trained to facilitate deportations at Florida’s so-called “Alligator Alcatraz” and “Deportation Depot” camps, the Trump administration has fallen quiet about why Florida’s JAGs haven’t been brought in.

A White House spokesperson referred the Florida Phoenix’s requests for comment to the Executive Office of Immigration Review, which declined to comment other than pointing out the Aug. 28 rule allowing U.S. Attorney General Pam Bondi to select any attorney as a temporary immigration Judge.

This overhauled past requirements mandating a temporary immigration Judge had previously served as either a DOJ attorney with 10 years of immigration law experience or a Judge within the executive branch.

Immigration Judges are unique because, unlike Article III Judges, they aren’t independent of the President. Instead, they’re housed within the Department of Justice and selected by the U.S. Attorney General. Temporary immigration Judges serve for just six months.

So, even though both Trump and DeSantis have endorsed the move, and as other military lawyers begin to file in, why haven’t Florida National Guard JAGs been tapped to serve?

What are some of the reasons JAGs aren’t immigration Judges yet?

Elizabeth Blandon, a Broward-area immigration attorney who served as Chair of the Immigration and Nationality Law Certification Committee, speculated that mounting legal obstacles could be in the way.

These could include the Posse Comitatus Act, an 1878 federal statute banning the military from directing commands at civilians. The post-Reconstruction statute ended the U.S. Army’s role in protecting formerly enslaved people immediately following the Civil War.

The Florida National Guard — a part-time volunteer force trained to respond to disasters and go to war when called upon — is made up of an Army branch and an Air Force branch.

“The (temporary immigration Judge) plan violates the PCA because — without express authority from either the Constitution or a statute — members of the Army and the Air force are prohibited from carrying out enforcement laws against civilians,” Blandon said in a written statement.

This isn’t the first time the Posse Comitatus Act has come to the national forefront. In 1986, then-Deputy Assistant Attorney General Samuel Alito, now a Supreme Court Justice appointed by George W. Bushwrote a memo recommending against having a military lawyer work part-time on civilian law enforcement duties while still serving in a military role.

“Military lawyers who are not functioning in an entirely civilian environment should not be used to perform any prosecutorial function that involves direct contact with civilians in a law enforcement context,” Alito wrote. Of note, he was not specifically referring to immigration Judges.

Margaret Stock, an immigration lawyer, retired Army Reserve lieutenant colonel in the Military Police, and former West Point professor, acknowledged that although the Posse Comitatus Act could be a problem, the larger impediment is likely practical.

Because the National Guard is part-time for many, including the JAGs, asking them to participate would require them to clear their schedules, volunteer, and begin training — all of which require money Stock says Congress would have to approve.

“I’m not too surprised that no (JAG) has actually been assigned to be an immigration Judge yet, because it takes a while to mobilize people, get volunteers, pick people, then train them, and finally get them in place,” Stock said.

“Congress has the power of the purse, and you can’t spend money on things Congress hasn’t authorized.”

Immigration law is uniquely complicated, entailing a range of highly specific subspecialties. Many of the attorneys the Florida Phoenix contacted decline comment or deferred to lawyers specializing in deportations.

Where did the JAG idea come from?

DeSantis in May submitted an “Immigration Enforcement Operations Plan” to the Trump administration in which he proposed Florida’s nine National Guard JAGs become immigration Judges.

JAG officers are attorneys who help fellow National Guard members with a wide range of legal problems, including courts-martial and military-civil matters. Trump appeared enthusiastic about the idea in early July, when he met with DeSantis to laud the opening of  the Everglades detention center.

After the conservative politicos faced off in their primary race in 2023, Trump offered high praise for the Governor, insisting the two would always be friends. Extending an olive branch, Trump praised DeSantis and his officials, even calling former DeSantis staffer and appointed Florida Attorney General James Uthmeier “handsome.”

DeSantis had pushed hard for Florida to take the lead on immigration crackdown efforts, muscling through the Legislature a sweeping immigration crackdown package that mandated all counties partner with ICE to enforce federal immigration laws, removing in-state tuition for undocumented college students, and creating state-level crimes for illegally entering Florida.

Earlier this week, a reporter asked DeSantis during a Gainesville press conference whether the National Guard JAGs were any closer to working as temporary immigration Judges. DeSantis, who revealed that he pitched the idea to Trump over the Summer, skirted the question by decrying “bureaucracy” and stressing the need to speed along immigration proceedings.

“I know there were some in DOJ that just wanted (immigration Judges) to be drawn from purely civilian rather than the uniformed services but, whatever, we want to be supportive and we want to be able to help,” DeSantis said Monday.

“If you have a right to be here, then you have a right to be here, right? But if you don’t, are we going to do like an O.J. Simpson trial just to deport somebody who’s here illegally?” he added, implying that the due process of a lengthy trial would be improper for a non-citizen.

___

Livia Caputo reporting. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].



Source link

Continue Reading

Politics

Senate committee willing to test the waters on expanding swim lesson vouchers

Published

on


The Senate Health Policy Committee plunged into a proposal to expand the Florida swim lesson voucher program that provides financial help for teaching kids how to handle water.

The panel approved a measure (SB 428) by Sen. Clay Yarborough, a Jacksonville Republican, to allow older kids to qualify for the voucher program. The current program, originally enacted in 2024, provides vouchers for families of children aged 0 to 4 years old. Yarborough’s bill would allow kids 1 to 7 to qualify for vouchers.

Yarborough told the committee that in the first year of life for infants, they don’t really “learn” how to swim as much as they act instinctively in the water. Furthermore, he said, adding additional years will help ensure lessons for children who didn’t get around to learning how to swim earlier.

Corrine Bria, a pediatric emergency medical physician at Nemours Children’s Health facility in Orlando, spoke at the hearing and said the rise in young drownings is heartbreaking. Nemours has handled 35 drownings of children in the past three years, and 90% of those are under the age of 7, Bria said.

“As a physician in a pediatric emergency department I see firsthand what it looks like when a child gets carried into the ED (emergency department) by a parent or brought in on a stretcher after drowning,” Bria said. “We know that a child can drown in a matter of seconds and this happens too frequently in Florida.”

Jason Hagensick, President and CEO of the YMCA of South Palm Beach County, also addressed the committee on behalf of the Florida State Alliance of YMCAs and said the revision to the swimming lesson voucher program would be a big improvement.

“Drowning remains a leading cause of unintentional injury (and) death in the United States,” Hagensick said, adding that early swim lessons reduce the risk of drowning by 88%.

“Expanding the swim voucher program to include children up to the age of 7 will dramatically increase access to essential swim instruction at a time when those skills are most impactful,” Hagensick continued. “It will deepen water competency and strengthen confidence for kids and parents alike and help prevent needless tragedies that devastate families and communities.”

A similar bill (HB 85) is working its way through the House. The House Health Care Budget Subcommittee approved that measure last week. Rep. Kim Kendall, a St. Augustine Republican, is sponsoring the House version.



Source link

Continue Reading

Politics

Senate advances Jason Pizzo bill extending PTSD workers’ comp coverage to 911 dispatchers

Published

on


Legislation that would narrowly recategorize 911 dispatchers as first responders so they can receive workers’ compensation for work-related psychological injuries is one step closer to passing in the Legislature’s upper chamber.

Members of the Government Oversight and Accountability Committee voted unanimously to advance the bill (SB 774), which would eliminate a barrier that today denies aid to people who are often the first to respond to a crime.

The measure’s sponsor, Hollywood Sen. Jason Pizzo, noted that during his time as a prosecutor, playing a 911 call would often be the most effective thing to do to sway a jury.

“911, what’s your emergency? He’s going to kill me! He’s going to kill me! Now, imagine hearing that 12 times a day, 15 times a day,” he said.

“Two years ago, you all voted to require these 911 operators to be proficient in CPR so they could administer (it) over the phone. And they’re not considered first responders? They are first responders, and they’ve been grossly overlooked and screwed, and this brings some remedy.”

SB 774 would add 911 dispatchers to the group of “first responders” covered by Florida’s special workers’-compensation rules for employment-related mental or nervous injuries. It would apply the same framework to them as other first responders for mental health claims.

Essentially, if you’re a 911 dispatcher and develop post-traumatic stress disorder, anxiety or similar mental health injuries from traumatic calls, SB 774 would make it so you can get workers’ comp-covered treatment and that your claim is handled under the same special rules lawmakers already set for other first responders — without certain time-limit restrictions that typically apply to mental injury benefits.

Several dispatchers signaled or spoke in favor of the bill, as did representatives from the Florida Police Chiefs Association, Florida Sheriffs Association and Consolidated Dispatch Agency.

Jennifer Dana, a dispatcher with the Palm Beach Sheriff’s Office, noted that in a Senate analysis of SB 774, there’s a list of disturbing things first responders see and do on the job, from seeing dead children and witnessing murders to helping severely injured people, including those who commit suicide.

What it doesn’t include, she said, is that 911 dispatchers also witness those things.

“We’re seeing and hearing it,” she said. “We have the technology for people to livestream it now, so it’s a double-whammy for us, and we want to make sure we have the protections.”

Kim Powell, a licensed and clinical mental health counselor who oversees an employee behavioral health program at a 911 communications center in Leon County, detailed several examples of what dispatchers experience: a woman struggling to breathe while dying from a gunshot wound inflicted by her child’s father; an officer’s final words moments before his murder; the sound of a mother discovering her deceased infant; the 800 or so calls received in the wake of the Florida State University shooting last April.

“These are not isolated events; they are part of the job,” she said. “The trauma compounds over time with repeat exposure.”

St. Petersburg Republican Sen. Nick DiCeglie thanked Pizzo for carrying the bill and expressed gratitude to the “3,500 dispatchers” across Florida for their work.

“For me personally, (this) could be one of the most important bills that we have this Session because of the importance there is for your well-being and your quality of life,” he said.

Melbourne Republican Sen. Debbie Mayfield, who chairs the committee, echoed DiCeglie’s remarks.

Pizzo reminded the panel that four years ago, during COVID, a $280 million set-aside for payments to first responders and front-line workers did not extend to 911 dispatchers.

“They never stopped working,” he said, adding that Mayfield at the time acknowledged the oversight and pledged that the Legislature would get it right in the future. “So, it’s serendipitous that you were kind and gracious enough to put us on the agenda.”

SB 774 will next go to the Senate Appropriations Committee on Agriculture, Environment and General Government, after which it has one more stop before reaching a floor vote.

An identical bill (HB 451) by Republican Rep. Jeff Holcomb of Spring Hill awaits its first hearing in the House.



Source link

Continue Reading

Politics

Hillsborough College Trustees OK first step in Tampa Bay Rays stadium talks

Published

on


The Tampa Bay Rays’ search for a new home took a tangible step forward as the Hillsborough College Board of Trustees approved a nonbinding agreement that could ultimately shift the franchise away from St. Petersburg under its new ownership.

The Board voted to approve a memorandum of understanding (MOU) authorizing staff to negotiate with the Tampa Bay Rays over a potential stadium and mixed-use redevelopment at the college’s Dale Mabry Campus.

The agreement does not commit the college to the project and can be terminated by the Board at any time. Instead, it outlines key terms the parties would like to see in any future binding agreements, which would require separate Board approval at a later public meeting.

College officials characterized the MOU as the beginning of negotiations. Under the document, staff would begin drafting potential project agreements for Trustees to consider in the future, with an anticipated negotiation timeline of up to 180 days.

Rays CEO Ken Babby addressed Trustees during the meeting, calling the proposal an early milestone. He emphasized that the effort involves the college, the team, the state and local governments. Babby said the Rays are exploring a roughly 130-acre redevelopment anchored by a new stadium and an integrated college campus, alongside residential, commercial and entertainment uses. 

“As we envision this development, together in cooperation and partnership with the community and the college, we’ve been calling the campus portion of this work ‘Innovation Edge’ featuring Hillsborough College,” Babby said.

“It’ll be neighbored by, of course, what we envision to be ‘Champions Corridor,’ which we hope will be the mentioned home of the Tampa Bay Rays. Of course, this will be a mixed-use with residential, with commercial, and, as we’ve said, billions of dollars of economic impact to the region. … This is an incredible moment for our community.”

Public input was split. Supporters recognized the economic impact the project could have, while critics worried about the effect on housing affordability, in particular for college students.

Following the vote, Trustees acknowledged uncertainty among students, faculty and staff, particularly those based at the Dale Mabry campus, but stressed that the approval did not determine final outcomes.

“This is a major decision, and I truly hope that it leads Hillsborough College towards growth and advancement,” Student Trustee Nicolas Castellanos said. 

Trustee Michael Garcia echoed the sentiment.

“It’s a tremendous day for the future of Hillsborough College and for the future of Major League Baseball in the area and also for the future of the city of Tampa,” Garcia said.

Gov. Ron DeSantis publicly expressed support for the concept ahead of Tuesday’s meeting, saying it could benefit both the college and the region, while cautioning that details still need to be resolved.

“It could be very good for HCC, and I’ve met with the President about it. I think he’s excited about the possibility,” DeSantis said in Pinellas Park.

“Obviously, they’ve got to iron out details. But basically, we’re supportive of them pursuing that partnership because I think it could be good for them. I think it could be good for the state. But I definitely think it could be really good for this region.”

Also ahead of Tuesday’s meeting, Tampa Mayor Jane Castor told Florida Politics the city and Hillsborough County have been in ongoing discussions with the Tampa Bay Rays as the team explores long-term stadium options — including the potential Hillsborough College site. She emphasized that any future stadium proposal would require coordination among multiple governments and would be evaluated alongside existing contractual obligations related to other major sports facilities.

No timeline for construction, campus relocation or final land disposition was discussed Tuesday. College officials emphasized that any binding agreements would return to the Board of Trustees for approval at a future public meeting.

___

A.G. Gancarski and Janelle Irwin Taylor of Florida Politics contributed to this report.



Source link

Continue Reading

Trending

Copyright © Miami Select.