No Picture
News Briefs

Supreme Court allows ‘public burden’ rule for migrants, but Catholic leaders object

January 28, 2020 CNA Daily News 1

Washington D.C., Jan 28, 2020 / 01:15 pm (CNA).- A Trump administration rule defining more low-income immigrants as a public burden may go into effect, the U.S. Supreme Court ruled this week. Catholic leaders decried the ruling, saying it will harm families’ ability to secure basic services and that it represents a radical departure from American traditions.

“We implore the administration to reconsider this harsh and unnecessary policy and rescind it in its entirety,” Sister Donna Markham O.P., president and CEO of Catholic Charities USA, said Jan. 27. “By allowing this harmful policy to go into effect, the administration imposes a chilling effect on access to basic services, creating fear among eligible individuals threatening family unity and stability.”

“We will be judged on how we treat the hungry, the homeless and the stranger among us and this decision signals a watershed change of course from the best moments of our American heritage of welcoming immigrants and refugees,” Markham said.

The rule change expands the criteria under which immigrants would be ineligible for a green card, encompassing those who use public benefits on a more temporary basis than the previous standards.

Catholic Charities USA said the rule harms families, targets legal immigrants, and could prevent families from securing basic nutrition and housing assistance.

The U.S. Supreme Court sided with the Trump administration in a 5-4 vote on Jan. 27 to overturn a nationwide injunction against the rule. The justices did not comment on the merits of the case. However, Justice Neil M. Gorsuch, joined by Justice Clarence Thomas, issued a concurring opinion objecting to the use of nationwide injunctions.

The decision means the new rule can go to effect in every state except for Illinois, a separate case. The rule will still face legal challenge in several courts across the country.

Immigrant advocates and several states had challenged the rule, saying it would impose costs on the states and penalize immigrants who rely on temporary government assistance. They objected that it limited access to green cards for low-income immigrants seeking legal entry to the U.S. or seeking to remain legally.

The concept of a “public charge” dates back to at least 1882, when federal lawmakers wanted to ensure that immigrants were independent and would not burden public services.

Since 1996, government regulations had defined a public charge as someone who is “primarily dependent” on government assistance, meaning this assistance supplies more than half their income through cash benefits, such as the Temporary Aid for Needy Families or Supplemental Security Income from Social Security, CNN reports.

Previously, fewer than 1% of applicants were disqualified on public charge grounds.

Under the Trump administration rules announced in August 2019, “noncash benefits providing for basic needs such as housing or food” count towards consideration of whether a person would be a public charge. These include most forms of Medicaid, food stamps and housing vouchers.

An immigrant who received one or more designated benefits for more than 12 months in a 36-month period could be designated a public charge. Use of two kinds of benefits in a single month would count as two months, the New York Times reports.

Lawyers for the private groups challenging the rule cited Department of Homeland Security estimates that the rule will cause hundreds of thousands of households to forgo benefits for which they are eligible “out of fear and confusion about the consequences for their immigration status of accepting such benefits.” The Department of Homeland Security warned of increased malnutrition, especially for pregnant or breastfeeding women and their infants and children; increased prevalence of communicable disease; and increased poverty and housing instability, the lawyers said in their brief.

New York Solicitor General Barbara D. Underwood, whose state was among the plaintiffs to the legal challenge, said the new rule would “radically disrupt over a century of settled immigration policy and public-benefits programs.” The established consensus was that the phrase “public charge” was limited to mean “individuals who are primarily dependent on the government for long-term subsistence,” she argued.

U.S. Solicitor General Noel J. Francisco, who defended the rule, asked the Supreme Court to lift the lower court injunctions. He argued that the new rule was a permissible interpretation of the concept “public charge.” It is a lawful goal to discourage immigrants seeking green cards from using public benefits, and enjoinment of the rule would cause “long-term harm” to the government, he said.

Francisco said if any resident aliens not subject to the rule disenroll from benefits for fear they would endanger their immigration status, then “such disenrollment is unwarranted, easily corrected and temporary.”

Susan Welber, a staff attorney at the Legal Aid Society, opposed the new policy. She told CNN the policy aimed to exclude “as unworthy and unwelcome anyone who is predicted to receive even a small amount of food, health or housing assistance at any point.”

“We are very disappointed in the Supreme Court’s decision, and the irreparable consequences it will have for immigrants and their families across the nation, but we continue to believe that our legal claims are very strong that we will ultimately prevail in stopping this rule permanently,” she said.

In September 2018, when the initial changes to the rule were proposed, the U.S. Conference of Catholic Bishops warned that the rule will be “very harmful to families” and cause fear among immigrant families who are “already struggling to fulfill the American Dream.” The proposed rule “further compounds strict eligibility guidelines already in place preventing many immigrants from receiving federal aid,” they said.
 

 

[…]

No Picture
News Briefs

TX judges increasingly denied abortion to minors without parental consent from 2016

January 27, 2020 CNA Daily News 1

Austin, Texas, Jan 27, 2020 / 06:18 pm (CNA).- A study of statistics from Texas suggests that since 2016, judges in the state were less likely to grant permission to minors to procure abortion without their parents’ consent than in previous years.

Thirty-seven states, including Texas, require minors to obtain parental consent before procuring an abortion. In those states, minors can also seek the approval of a judge, in what is known as a “judicial bypass.”

From 2000 to 2015, Texas’ laws mandated that a minor seeking an abortion without parental consent must demonstrate to a judge that they were mature and well-informed, that notifying a parent would not be in their best interest, and that notifying a parent might lead to physical, sexual or emotional abuse.

According to a study published this month in the American Journal of Public Health, between 2001 and 2015 the number of times a judge in Texas denied a minor an abortion ranged from zero to six per year, which in turn represented between 0% and 6.2% of the total requests judges received that year. The rate of denial was 2.8% in 2015.

In 2016, the year that Texas implemented a law changing regulations for minors requesting permission for abortions from judges, the number of denials rose to 23, which represented about 10.3% of the total requests that judges received that year. The number of denials dipped to 10 in 2017 (3.1%) and then rose slightly to 12 in 2018 (5.1%).

The data for 2016-18 came from the Texas Office of Court Administration, while that from 2001-15 were based on reports from Jane’s Due Process, a group that provides legal representation to minors seeking to procure abortion without their parents’ consent.

Reuters reported that one of the changes implemented in 2016 was the removal of the criterion related to physical, sexual, or emotional abuse if the minor tells the parent they are having an abortion. Another change implemented after 2016 required girls to file their petitions in the county they live in, and to include their name, address, and date of birth, Reuters reported.

The study’s lead author, Amanda Stevenson, said that the purpose of the judicial bypass process “is to protect minors from a veto of their abortion decision. We find sometimes the process doesn’t protect them from being vetoed. It’s just the judge instead of the parent.”

Texas’ requirements regarding judicial consent for minors to obtain an abortion recieved national attention when a 17-year-old from Central America, known as Jane Doe, obtained state permission in September 2017.

The minor had been in federal custody in a Texas shelter operated by the Office of Refugee Resettlement – an agency of the Department of Health and Human Services. The Department of Health and Human Services objected to transporting the minor to abortion appointments.

The government argued that since she is a minor in their custody, it has the right to determine what is in the best interest of the teen, and also stated that it has an interest in not creating incentives for minors to cross international borders in order to obtain abortions.

On Oct. 20, 2017, a three-judge appellate panel ruled that Doe would not be allowed immediately to obtain the abortion. This overruled a Texas district court’s ruling that Doe should be allowed to access an abortion immediately.

However, the D.C. Circuit Court of Appeals overturned the decision five days later, ordering instead that an adult custodian be found for the teenager, which would remove her from federal custody. The teen subsequently procured the abortion.

Other states attempting to pass “parental notification laws,” such as Indiana, have been blocked by the courts.

Indiana law requires any Indiana minor seeking an abortion to provide the courts with written consent from a parent, but the state allows a minor to petition a court for approval to have an abortion without parental consent.

A 2017 law would have allowed judges to notify parents that their daughters are seeking to have an abortion without consent.

In 2017, a federal judge issued a preliminary injunction that prevents judges from notifying parents when minors seek abortions, and the U.S. Circuit Court of Appeals upheld that injunction during August 2019 by a vote of 2-1.

Also in 2017, a federal judge struck down an Alabama law requiring more scrutiny for minors who seek an abortion without parental consent, saying that the law violates the minor’s confidentiality by possibly bringing other people from her life into the process.

Efforts are currently underway to remove the longstanding requirement for teens to obtain parental consent before getting an abortion in Massachusetts, a rule that can only be bypassed if the minor is granted permission for the abortion by a state judge. The bill, which state Sen. Harriet Chandler introduced during January 2020, also seeks to establish a state right to an abortion, which would stand even if Roe v. Wade were to be overturned.

[…]

No Picture
News Briefs

The Catholic faith of Kobe Bryant

January 26, 2020 CNA Daily News 3

Los Angeles, Calif., Jan 26, 2020 / 02:08 pm (CNA).- Basketball superstar Kobe Bryant died Sunday in a helicopter crash in Southern California. Bryant, the father of four, was 41.

Bryant’s daughter Gianna, 13, was reportedly killed in the helicopter crash as well, along with another teen and her parent, and the helicopter’s pilot. They were reportedly traveling to a basketball game.

Bryant is widely considered one of the greatest basketball players of all time. He retired in 2016 after a 20 year career with the Los Angeles Lakers, in which the shooting guard won five NBA championships, a league MVP award, two scoring championships, and myriad other distinctions.

Beyond basketball, Bryant was a husband and a father who in 2015 attributed his Catholic faith with helping him move past a challenging period in his own life and the life of his family.

Bryant was raised in a Catholic family, and spent much of his childhood living in Italy. He married in 2001 in a Southern California parish.

In 2003, Bryant was arrested after he was accused of raping a woman in a Colorado hotel room.

Bryant admitted a sexual encounter with the woman, but denied that he had committed sexual assault. When the allegation became public, Bryant lost sponsors and faced criminal charges, which were eventually dropped.

Bryant issued an apology to his accuser, with whom he also reached a settlement in a civil lawsuit.

“Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter,” Bryant said in his 2004 apology.

In 2015, the basketball player told GQ that after the matter was resolved, he decided to shed some superficiality he felt he had built up in his public persona.

“What I came to understand, coming out of Colorado, is that I had to be me, in the place where I was at that moment.”

Bryant said it was a priest who helped him to make some important personal realizations during the ordeal.

Describing his fear of being sent to prison for a crime he believed he had not committed, Bryant told GQ that “The one thing that really helped me during that process—I’m Catholic, I grew up Catholic, my kids are Catholic—was talking to a priest.”

“It was actually kind of funny: He looks at me and says, ’Did you do it?’ And I say, ’Of course not.’ Then he asks, ’Do you have a good lawyer?’ And I’m like, ’Uh, yeah, he’s phenomenal.’ So then he just said, ’Let it go. Move on. God’s not going to give you anything you can’t handle, and it’s in his hands now. This is something you can’t control. So let it go.’ And that was the turning point,” Bryant said.

A 2004 decision to place deeper trust in God did not mean the basketball star’s life was thereafter without difficulties, or defined by virtue.

In 2011, Vanessa Bryant filed for divorce from Kobe, citing irreconcilable differences. But Bryant said he decided not to give up on his marriage, and two years later, his wife withdrew her divorce petition.

“I’m not going to say our marriage is perfect, by any stretch of the imagination,” Bryant told GQ in 2015.

“We still fight, just like every married couple. But you know, my reputation as an athlete is that I’m extremely determined, and that I will work my ass off. How could I do that in my professional life if I wasn’t like that in my personal life, when it affects my kids? It wouldn’t make any sense.”

Bryant and his wife have been reported to be regular parishioners at an Orange County, California parish.

Singer Cristina Ballestero posted on Instagram Jan. 26 a story of her encounter with Bryant at Holy Family Cathedral in Orange, California at a weekday Mass.

“As we went up to communion, [Bryant] waited for me to go. If you grew up in the Catholic Church, you understand this is a respectful thing men do in church as a sign of respect to women. He said I have a beautiful voice.”

“His most inspiring trait was his decision to turn to his faith in God and receive God’s mercy and to be a better man after a regretful decision,” Ballestero added.

 

 

 

 

 

View this post on Instagram

 

 

 

 

 

 

 

 

 

I wanna tell a story about the time I met Kobe Bryant. I was sitting in the very back of Holy Family Cathedral in Orange, CA, on a WEEKDAY mass. At the time I was very into wearing veils and on this particular day I had a scarf I used as veil. Right as mass begins I see a huge shadow in my right peripheral vision and hear a decently loud creak from probably a big man. I double took to see… it was KOBE BRYANT IN THE SAME PEW AS ME ON THE OTHER END! I just went about my normal praying and singing as usual cause he like all of us came to pray. Thank God I had the veil so I could stay focused on Jesus not this insanely talented Basketball player my whole family has looked up to and watched our whole lives. As we went up to communion, he waited for me to go. If you grew up in the Catholic Church, you understand this is a respectful thing men do in church as a sign of respect to women. He said I have a beautiful voice. I said thank you and went up to communion. @marydallal @mandymissyturkey and a couple other friends saw him standing behind me going to receive Jesus. And we talked about it after mass and freaked out together. It was such a cool experience to receive Jesus right before him, and also, to walk up to receive Jesus together. It was also cool to see him come for a weekday mass. He said in his GQ interview how a Catholic Priest helped him through the tough time he went through in the media. He also talks about how his faith is important. His most inspiring trait was his decision to turn to his faith in God and receive God’s mercy and to be a better man after a regretful decision. Him and his wife do so much great work with their foundation. I’m heartbroken at the news of his death. My prayers go out to his Family, friends and loved ones. Eternal rest grant unto him oh Lord and let perpetual light shine upon him. May he Rest In Peace, Amen. We love you Kobe. . . . . #kobebryant

A post shared by Cristina Ballestero (@cristinaballestero) on Jan 26, 2020 at 12:44pm PST

 

Bryant also had connected his Catholic faith to a family commitment to help the poor, through the Kobe & Vanessa Bryant Family Foundation. The foundation helped fund youth homeless shelters and other projects aimed at serving the poor.

“You have to do something that carries a little bit more weight to it, a little more significance, a little more purpose to it,” he said in 2012, according to the Los Angeles Times.

Homelessness “is one that kind of gets pushed on the back burner because it’s easy to point the blame at those who are homeless and say, ‘Well, you made that bad decision. This is where you are. It’s your fault.”

“In life, we all make mistakes and to stand back and allow someone to live that way and kind of wash your hands of it … that’s not right,” he said.

Funeral announcements for Bryant and his daughter have not yet been announced.

 

[…]