February 19, 2019February 20, 2019 3min readBy Aysha Qamar
President Donald Trump declared a national emergency last Friday under the guise of border security in order to get funding to build his border wall.
‘We will have a national emergency and we will then be sued,’ Trump said in the Rose Garden on Friday.
‘We’ll possibly get a bad ruling, and then we’ll get another bad ruling, and then we’ll end up at the Supreme Court and hopefully we’ll get a fair shake,’ he added.
The president’s announcement was called an unconstitutional abuse of his authority by Democrats who vowed to try to overturn it with the support of Republicans who also disagree with the action, The New York Times reported.
‘This is plainly a power grab by a disappointed president, who has gone outside the bounds of the law to try to get what he failed to achieve in the constitutional legislative process,’ said House Speaker Nancy Pelosi of California and Sen. Chuck Schumer of New York, the Democratic Senate leader, in a joint statement.
‘The President’s actions clearly violate the Congress’s exclusive power of the purse, which our Founders enshrined in the Constitution. The Congress will defend our constitutional authorities in the Congress, in the Courts, and in the public, using every remedy available,’ they added.
After bouncing from topic to topic, touching first upon the economy, China trade and his upcoming meeting with Korean leader Kim Jong-un, Trump then discussed his failure to secure funding for his wall.
‘I was a little new to the job,’ he stated. He then blamed ‘certain people, a particular one, for not having pushed this faster.’
Prior to the announcement, in a conference call with reporters, senior administration officials detailed the specifics of the president’s plan.
According to Business Insider, in addition to the $1.4 billion for wall construction appropriated by Congress, approximately $6 billion will be taken from Title X funding and $600 million will be tapped from the Treasury forfeiture fund.
According to Rep. Mac Thornberry of Texas, ranking Republican on the House Armed Services Committee, diverting Department of Defense funding for border security will have extremely negative consequences. He said:
Doing so would have detrimental consequences for our troops as military infrastructure was one of the accounts most deprived during the Obama-era defense cuts. And it would undercut one of the most significant accomplishments of the last two years — beginning to repair and rebuild our military. I hope that the President will pursue other options.
The Department of Justice warned the White House prior to President Trump’s announcement that the courts will block any emergency declaration, at least temporarily, ABC News reported last Thursday.
Sixteen states joined together to file a federal lawsuit on Monday, arguing that the President’s declaration of a national emergency to spend billions of dollars on his border wall is unconstitutional.
According to the Washington Post, the lawsuit was filed in the U.S. District Court for the Northern District of California. The states that have joined the suit are New York, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Virginia, and Michigan.
The suit raises questions over congressional control of spending, the scope of emergency powers granted to the president, and argues the president does not have the power to divert funds for constructing a wall, The New York Times reported. The lawsuit states:
Contrary to the will of Congress, the President has used the pretext of a manufactured ‘crisis’ of unlawful immigration to declare a national emergency and redirect federal dollars appropriated for drug interdiction, military construction and law enforcement initiatives toward building a wall on the United States-Mexico border.
In his emergency declaration Friday, Trump stated he didn’t need to declare a national emergency to build his wall. These words, according to the Attorney General of California, Xavier Becerra in his statement to The New York Times, are “the best evidence.”
This federal lawsuit is only one of many challenges the president’s emergency declaration will face. The Citizens for Responsibility and Ethics in Washington also filed a suit claiming the Department of Justice failed to produce the requisite documents justifying the president’s declaration, TheHuffington Post reported.
The following open letter is written by Hindus for Human Rights, an organization advocating for pluralism, civil and human rights in South Asia and North America, rooted in the values of Hindu faith: shanti (peace), nyaya (justice) and satya (truth). They provide a Hindu voice of resistance to caste, Hindutva (Hindu nationalism), racism, and all forms of bigotry and oppression.
Dear President Biden,
As Indian-Americans, human rights organizations, and concerned allies, we are writing to urge you to engage publicly and meaningfully to push back against the Indian government’s escalating attacks on human rights and democracy, especially ahead of Prime Minister Narendra Modi’s state visit to the United States.
Despite objective evidence that India’s democracy is under critical attack, you have not spoken out about this crisis. In early 2023, Indian authorities conducted retaliatory raids on the BBC’s Delhi and Mumbai offices for releasing a documentary about Prime Minister Modi. The week before the Summit for Democracy, the Indian government made three successive attacks on Indian democracy. First, the ruling Bharatiya Janata Party expelled Rahul Gandhi from Parliament. Second, the Indian government shut the internet down in Punjab, severely impacting the rights for Sikhs to peacefully organize and protest. And third, the Indian Supreme Court ruled that Indians can be found guilty by association for terrorism. And yet, not one representative from the Biden Administration said anything about even one of these developments. Instead, while Islamophobic violence gripped India in late March, you invited Prime Minister Modi to speak at the Summit for Democracy. Mr. Modi visits DC at a time when the state of Manipur has experienced heavy communal and anti-Christian violence after Modi’s ruling party pushed an initiative to undermine Indigenous rights in the state.
“As privileged members of the diaspora, it’s our duty to challenge the repressive practices of the current regime in India. We stand in solidarity with those … opposed to the government’s attempt to reshape the country into a Hindu nationalist state. https://t.co/RxU9wUy2Zy
Even when confronted with questions by Indian reporters about human rights in India, your administration has only had private two-way conversations about how both of our governments can always improve. Quite frankly, we find it unacceptable to see such equivocation on Indian democracy from an administration that has been strident in its defense of American democracy and the rule of law.
India is one of the fastest autocratizing nations in the world, mostly thanks to the current government. Freedom House has rated India as a “partly-free” country for the past three years, and has blamed Prime Minister Modi’s government for a rise in discriminatory policies, including persecution against Muslims and caste-based violence against Dalit and Adivasi communities; harassment of civil society, protestors, academia and the media, and the targeting of political opponents. It has also rated Indian-administered Kashmir as “not free,” citing violations of human, civil, and political rights after the Modi government revoked the territory’s autonomous status. In Reporters Without Borders‘ press freedom ranking, India has dropped to 161 out of 180 countries in 2023. India has appeared in the Committee to Protect Journalists’ Impunity Index — which examines accountability for unsolved journalists’ murders — every year for the past 15 years and currently ranks in 11th place worldwide. According to PEN America’s Freedom to Write Index, in 2022, India was one of the top 10 countries that jailed writers globally. The Varieties of Democracy Institute characterizes India as an “electoral autocracy” and blames India’s descent into autocracy on Prime Minister Modi. And the U.S. Holocaust Memorial Museum has said India has been one of the top 15 countries at risk for a mass atrocity event every year since 2017, which reflects the toxicity of Indian politics under Modi.
“If the President meets with PM Modi, then the protection of the Muslim minority in a majority Hindu India is something worth mentioning…if you do not protect the rights of ethnic minorities, there’s a strong possibility India starts pulling apart.” Thank you @BarackObama! https://t.co/RhcMNfiqaR
Given the magnitude of this crisis, we ask you to engage directly with Indian-American and human rights civil society leaders to explore solutions to address India’s human rights crisis. We also ask you to employ the tools at your disposal to ensure that the Indian government cannot attack Indians’ human rights with impunity. As the 2022 Bureau for Democracy, Human Rights, and Labor report details, several government individuals have committed human rights violations that, under U.S. law, would qualify them to be sanctioned under the Global Magnitsky Act. Indian security forces that have engaged in human rights violations should have security assistance rescinded, under the Foreign Assistance Act of 1961.
Finally, we urge you to publicly call on the Indian government to honor its commitments to human rights, including calling on Prime Minister Modi and his cabinet to halt the use of anti-terror laws to arbitrarily detain political critics. You can publicly denounce the rising numbers of political prisoners and the weaponization of the rule of law in India to shut down criticism. Even if you are not willing to personally criticize the Prime Minister, you have ample opportunity to criticize the Indian government’s misuse of public trust and public institutions to consolidate power and undermine the will of the Indian people.
This morning in DC, on the lawn of The White House at the welcome reception for Modi.
As President of the United States of America, you hold a unique position to lead the fight against authoritarianism. Prime Minister Modi will listen to you when you speak. But he and his allies will only change if you take a stand publicly. We urge you to listen to those of us who care about India and ensure that one man cannot steal the futures and the rights of our loved ones in India.
— Signed by countless organizations and individuals leading the charge (linked here).
Every year on August 5th, the Sikh American community remembers one of our community’s most devastating tragedies in recent memory — the Oak Creek massacre. On this day in 2012, a white supremacist gunman entered the Sikh Temple of Wisconsin, a gurdwara (Sikh house of worship) in Oak Creek, Wisconsin where he shot and killed six worshippers and severely injured others. This violent attack was the deadliest mass shooting targeting Sikh Americans in U.S. history, and at the time, was one of the worst attacks on a U.S. house of worship in decades. Six worshippers — Paramjit Kaur Saini, Sita Singh, Ranjit Singh, Prakash Singh, Suveg Singh Khattra, and Satwant Singh Kaleka — were killed on that horrific day. An additional community member, Baba Punjab Singh, was severely paralyzed and ultimately passed away from complications related to his injuries in 2020. Others, including Bhai Santokh Singh and responding police officer and hero, Lt. Brian Murphy, were seriously wounded during the shooting.
In 2022, the community came together to demonstrate that we are undaunted. My organization, the Sikh American Legal Defense and Education Fund (SALDEF) joined in supporting the anniversary observance at Oak Creek: a remembrance eventcentered around the theme of “Heal, Unite, Act.” The Oak Creek Sikh community hosted a series of in-person events, including the 10th Annual Oak Creek Sikh Memorial Anniversary Candlelight Remembrance Vigil on Friday, August 5, 2022. The program included a representative from the White House, Wisconsin Governor Tony Evers, Oak Creek Mayor Dan Bukiewicz, and representatives of the families who lost loved ones. Being there in Oak Creek 10 years after the tragedy was deeply meaningful — both to see the inspiring resilience of this community and to remember how much remains to be done.
In D.C., SALDEF continues to fight for policies that improve the lives of Sikh Americans. I had the honor of chairing the most recent iteration of the Faith-Based Security Advisory Council at the Department of Homeland Security, providing recommendations at the request of Secretary Alejandro N. Mayorkas. Consequently, the three subcommittees published a report that emphasized the importance of greater accessibility, greater equity, and greater transparency in counterterrorism efforts that for too long revolved around surveilling populations like the one that was senselessly attacked at the Oak Creek gurdwara in 2012. Leading the FBSAC as a Sikh woman, and representing a community that was highly targeted alongside Muslims by both white supremacists and in post-9/11 counterterrorism profiling, was an opportunity to push the Council to advocate more fiercely for further information-sharing between communities and law enforcement, extending grant opportunities for security for Gurdwaras and other houses of worship, and building trust between the government and Sikh communities. In addition, I advocated for accountability for the damage needlessly caused to Muslim, Arab, South Asian, and Hindu (MASSAH) communities by federal agencies historically pursuing “counterterrorism” objectives which has resulted in eroded trust rather than the development of strong partnerships.
Although we have made great strides in this country, there is still more to do. Through our work we have partnered with many across the nation to come together and find solutions through tenets central to Sikhism and America — unity, love, and equality.SALDEF continues to strongly endorse the policy framework articulated across the Domestic Terrorism Prevention Act (H.R. 350 / S. 963); Justice for Victims of Hate Crimes Act; and the Nonprofit Security Grant Program (NSGP) Improvement Act (H.R. 6825). We believe strongly in mandating federal agencies to create dedicated offices to investigate domestic terrorism; allowing prosecutors to feasibly indict perpetrators of hate crimes; and allowing religious nonprofits to access federal funding to enhance their own security.
While 11 years have passed, the effects of the Oak Creek shooting are never far from the minds of Sikh American advocates and the community we serve. SALDEF will not stop taking a stand against senseless violence and hate crimes. We continue to work in unity with our community and movement partners, and fight for better policies that will actively keep all of our communities safe. Through tragedy, we find hope. We know there can be a world where people from all backgrounds and cultures can practice their faith freely and, even though it has eluded the Sikh American community in the past, we still believe this world is possible.
Photo Courtesy of Amrita Kular