Trump is not immune from prosecution in his 2020 election interference case

A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, sharply rejecting the former president’s claims that he is immune from prosecution while setting the stage for additional challenges that could further delay the case. The ruling is significant not only for its stark repudiation of Trump’s novel immunity claims but also because it breathes life back into a landmark prosecution that had been effectively frozen for weeks as the court considered the appeal. Yet the one-month gap between when the court heard arguments and issued its ruling has already created uncertainty about the timing of a trial in a calendar-jammed election year, with the judge overseeing the case last week canceling the initial March 4 date. Trump’s team vowed to appeal, which could postpones the case by weeks or months — particularly if the Supreme Court agrees to take it up. The judges gave Trump a week to ask the Supreme Court to get involved. The eventual trial date carries enormous political ramifications, with special counsel Jack Smith’s team hoping to prosecute Trump this year and the Republican front-runner seeking to delay it until after the November election. If Trump were to defeat President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases he faces or potentially could seek a pardon for himself. Tuesday’s unanimous ruling is the second time since December that judges have held that Trump can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. The opinion, which had been expected given the skepticism with which the panel greeted the Trump team’s arguments, was unsparing in its repudiation of Trump’s claim that former presidents enjoy absolute immunity for acts that fall within their official job duties. “Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the judges wrote. They said the “interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation,” and they rejected Trump’s claim that a president could have “unbounded authority to commit crimes” that would prevent the recognition of election results.

The U.S. to Allow Venezuelans in the Country to Work Legally

The Biden administration says it’s granting temporary legal status to hundreds of thousands of Venezuelans who are already in the country — quickly making them eligible to work — as it grapples with growing numbers of people fleeing the South American country and elsewhere to arrive at the U.S.-Mexico border. The move — along with promises to accelerate work permits for many migrants — may appease Democratic leaders who have pressured the White House to do more to aid asylum seekers, while also providing grist for Republicans who say the President Joe Biden has been too lax on immigration. The Homeland Security Department plans to grant Temporary Protected Status to an estimated 472,000 Venezuelans who arrived in the country as of July 31, making it easier for them to get authorization to work in the U.S. That’s been a key demand of Democratic mayors and governors who are struggling to care for an increased number of migrants in their care. That’s in addition to about 242,700 Venezuelans who already qualified for temporary status before Wednesday’s announcement. The protections for Venezuelans are significant because they account for such a large number of the migrants who have been arriving in the country in recent years. Venezuela plunged into a political, economic and humanitarian crisis over the last decade, pushing at least 7.3 million people to migrate and making food and other necessities unaffordable for those who remain. The vast majority who fled settled in neighboring countries in Latin America, but many began coming to the United States in the last three years through the notoriously dangerous Darien Gap, a stretch of jungle in Panama. Venezuelans who arrive in the U.S. after July 31 of this year will not be eligible for the protection. Those who are now eligible have to apply to get it. Homeland Security Secretary Alejandro Mayorkas granted the expansion and an 18-month extension for those who already have temporary status due to “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions,” the department said in a statement. The administration said it would accelerate work authorizations for people who have arrived in the country since January through a mobile app for appointments at land crossings with Mexico, called CBP One, or through parole granted to Cubans, Haitians, Nicaraguans and Venezuelans who have financial sponsors and arrive at an airport. It will aim to give them work permits within 30 days, compared with about 90 days currently. The promise of accelerated work permits does not apply to people who cross the border illegally and seek asylum, who, by law, must wait for six months to receive work permits.

Top German court nixes subsidy raise for political parties

Germany’s top court has ruled that a decision five years ago to raise the upper limit for state financing of political parties by 25 million euros ($27.2 million) a year was illegal. The country’s Constitutional Court said Tuesday that a 2018 law change backed by the left-right governing coalition under former Chancellor Angela Merkel to increase the annual limit for all parties to 190 million euros ($206.7 million) could make them too dependent on the state. State funding in Germany matches the amount of money political parties receive from members or donations, up to a fixed limit. Judges concluded that the arguments for raising that limit put forward by lawmakers at the time — such as the need to digitize their communication — weren’t sufficient to justify the increase. They had also failed to take into account savings resulting from switching to electronic communication. Three smaller parties — the Greens, Free Democrats and Left party — had challenged the law. The Greens and Free Democrats are now in a coalition with the Social Democrats, who had backed the law. Merkel’s Union bloc has been in opposition since 2021. It wasn’t immediately clear what impact the verdict will have for state funding already provided to parties.

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Suits target New Orleans virus rules, some affect Mardi Gras

More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it. The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported. It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted. “Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.” Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city. This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas. The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported. The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.

San Bernardino Criminal Defense Attorneys

At Bullard & Powell, we believe that every criminal case, just like the person being charged, is unique. To that end, we do not view our cases as simply files to be worked, but view them from the perspective of our clients. We work closely with our clients to ensure the best possible result, with the highest level of service. We view it as our responsibility to ease the stressful burden that comes with being accused of a crime. We believe in personal, honest, one-on-one relationships with our clients. We only know one way to practice criminal defense… and that is to treat every client as if they were our own family. Each client can expect that any advice that is given and the service that is provided, would be the same advice and service that we would provide to our own family. We believe in aggressive advocacy, coupled with creativity. From the moment of your initial consultation, you can expect that we will be working your case towards the best resolution. Our clients see and hear every piece of evidence collected in defending their cases so they are fully informed of the facts, accusations, and defenses. We are San Bernardino DUI lawyers.

Court blocks Alabama city from approving processing plant

A judge has blocked the city of Gadsden from approving the construction of a plant where scores of truckloads of dead chickens would be delivered daily for a processing operation that opponents say would be a smelly, dangerous nuisance. Etowah County Circuit Judge George Day sided with critics of the plant on Monday and issued an injunction to stop the development project by Colorado-based Pilgrim’s Pride Corp. near the city airport, The Gadsden Times reported. A trial scheduled for July would decide whether the ban remains in place or work can move ahead on the rendering plant, which has been the subject of vocal community opposition since the plans became public last year. Located near homes, schools and at least one church, the plant would receive 120 truckloads of dead chickens and chicken parts around the clock each day for processing into animal feed, the judge wrote. Aside from traffic and the potential foul smell, the operation could pose a hazard to airport operations, critics contend. Day wrote that he was aware of the need to bring new jobs into the northeast Alabama community following the shutdown of a Goodyear tire plant, but the economic interest has to be balanced against the rights of people in the area.

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Appellate court arguments set for Charleston church shooter

Attorneys for the man sentenced to federal death row for the racist slayings of nine members of a Black South Carolina congregation are set to formally argue that his conviction and death sentence should be overturned. Oral arguments have been set for May 25 before the 4th U.S. Circuit Court of Appeals in the case of Dylann Roof, according to federal court records. In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the closing prayer of a 2015 Bible study session at Mother Emanuel AME Church in Charleston, raining down dozens of bullets on those assembled. Serving as his own attorney in the sentencing phase of his trial, the self-avowed white supremacist neither fought for his life nor explained his actions, remorse, saying only that “anyone who hates anything in their mind has a good reason for it.” Roof’s 2017 appeal to the 4th Circuit came as no surprise, as transcripts of hearings to determine his trial competency revealed that Roof told his lawyers he’d seek appeals to drag his case out as long as he could. With the passage of time, Roof explained, he expected white supremacists to take over the U.S., pardon him for the killings and make him governor of South Carolina. Following his federal death penalty trial, Roof was given nine consecutive life sentences after he pleaded guilty in 2017 to state murder charges, leaving him to await execution in a federal prison and sparing his victims and their families the burden of a second trial. After that sentencing, Solicitor Scarlett Wilson ? who had also been pursuing the death penalty ? called the deal “an insurance policy for the federal conviction,” ensuring that Roof would spend the rest of his life in prison, should the federal sentence not stand. Wilson also said that she felt more confident a federal death sentence would be carried out under the newly minted Trump administration that it would have been under a Democratic one. At the time, there was anticipation that then-President Donald Trump might swiftly resume federal executions, following cessation of the practice under several several previous administrations. Trump’s decision to reinstate federal executions didn’t come until 2020, however, when his Justice Department ended a 17-year hiatus, going on to oversee a total of 13 federal executions. Due to his remaining appeals, Roof’s case was not eligible for execution at that time.

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High court won’t extend Wisconsin’s absentee ballot deadline

The Supreme Court is siding with Republicans to prevent Wisconsin from counting mailed ballots that are received after Election Day. In a 5-3 order, the justices on Monday refused to reinstate a lower court order that called for mailed ballots to be counted if they are received up to six days after the Nov. 3 election. A federal appeals court had already put that order on hold. The three liberal justices dissented from the order that the court issued just before the Senate started voting on Amy Coney Barrett’s Supreme Court nomination. Chief Justice John Roberts last week joined the liberals to preserve a Pennsylvania state court order extending the absentee ballot deadline but voted the other way in the Wisconsin case, which has moved through federal courts. “Different bodies of law and different precedents govern these two situations and require, in these particular circumstances, that we allow the modification of election rules in Pennsylvania but not Wisconsin,” Roberts wrote. Democrats argued that the flood of absentee ballots and other challenges posed by the coronavirus pandemic makes it necessary to extend the period in which ballots can be counted. Wisconsin is one of the nation’s hot spots for COVID-19, with hospitals treating a record high number of patients with the disease. Republicans opposed the extension, saying that voters have plenty of opportunities to cast their ballots by the close of polls on Election Day and that the rules should not be changed so close to the election. Wisconsin Democratic Party Chairman Ben Wikler responded to the ruling by pledging Democrats would be “dialing up a huge voter education campaign” to prod roughly 360,000 people who hadn’t yet returned absentee ballots to hand-deliver them by 8 p.m. on Election Day, or to vote in person. State Republican Party Chairman Andrew Hitt praised the ruling. “Absentee voting in Wisconsin is extremely easy and hundreds of thousands of people have done it already — last-minute attempts to change election laws only cause more voter confusion and erode the integrity of our elections,” he said in a statement. The justices often say nothing, or very little, about the reasons for their votes in these emergency cases, but on Monday, four justices wrote opinions totaling 35 pages to lay out their competing rationales.

Court: Tennessee can enforce Down syndrome abortion ban

A federal appeals court ruled Friday that Tennessee can begin outlawing abortions because of a prenatal diagnosis of Down syndrome, as well as prohibit the procedure if it’s based on the race or gender of the fetus. Tennessee Republican Gov. Bill Lee enacted the so-called “reason bans” earlier this year as part of a sweeping anti-abortion measure. The law gained national attention because it banned abortion as early as six weeks — making it one of the strictest in the country — but it included several other anti-abortion components. The law was immediately blocked by a lower federal court just hours after Lee signed it into law. However, the 6th Circuit Court of Appeals’ decision will allow the state to enforce the reason bans while abortion rights groups continue their court battle against that law. The plaintiffs, which include Tennessee abortion providers being represented by reproductive rights groups, had argued the ban was improperly vague, but the court disagreed. Currently, more than a dozen states have similar reason bans in place. “These bans are just another way anti-abortion politicians are attempting to limit the constitutional right to abortion care and to create stigma,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, in a statement. “Decisions about whether and when to continue or to end a pregnancy are best made by the individual and their family.” The Attorney General’s office said in a statement that they “appreciate the Sixth Circuit lifting the lower court’s injunction” and looked forward to continuing defending the statute. “Our law prohibits abortion based on the race, gender, or diagnosis of Down syndrome of the child and the court’s decision will save lives,” Lee said in a statement. “Protecting our most vulnerable Tennesseans is worth the fight.” Immediately following the appeals court ruling, the plaintiffs’ attorneys filed a request in lower federal court for a temporary restraining order to block the reason bans once again, but this time argued the law illegally prohibits a patient from “obtaining constitutionally protected pre-viability abortion care.” “(The) Sixth Circuit only addressed plaintiffs’ vagueness claims and explicitly declined to issue any ruling with respect to plaintiffs’ claims that the Reason Bans violate patients’ constitutional right to pre-viability abortion,” the attorneys wrote. The court had not issued a ruling on that as of Friday evening. Down syndrome is a genetic abnormality that causes developmental delays and medical conditions such as heart defects and respiratory and hearing problems. According to the National Down Syndrome Society, about one in every 700 babies in the United States — or about 6,000 a year — is born with the condition, which results from a chromosomal irregularity. The rarity of the condition has prompted abortion rights groups to paint the Down syndrome bans as part of yet another thinly veiled effort by lawmakers to continue chipping away at a patient’s right to an abortion.

Attorney files challenge to eastern Iowa judge appointment

An Iowa attorney has filed documents in state court challenging the validity of Gov. Kim Reynolds’ appointment of an eastern Iowa judge. Lawyer Gary Dickey says Reynolds failed to appoint Judge Jason Besler within 30 days as required by the Iowa Constitution. Reynolds filed the paperwork to appoint Besler in June five days after the deadline had passed. She says she made the appointment by the deadline verbally to her chief of staff but acknowledges no documentation exists to prove it. Dickey, who served as former Democratic Gov. Tom Vilsack’s chief attorney, filed documents Thursday seeking permission of the court to challenge Besler’s appointment. Dickey also seeks to move it from eastern Iowa, where Besler sits as a judge, to Des Moines to avoid having fellow district judges ruling on his status. In October Iowa Supreme Court Chief Justice Mark Cady said the governor’s word that the appointment was timely deserves respect unless resolved differently through the legal process.

Supreme Court agrees to hear Maryland cross memorial case

The Supreme Court agreed Friday to hear a case about whether a nearly 100-year-old, cross-shaped war memorial located on a Maryland highway median violates the Constitution's required separation of church and state, a case that could impact hundreds of similar monuments nationwide. A federal appeals court in Virginia had previously ruled against the approximately four-story-tall cross. The judges said that it "has the primary effect of endorsing religion and excessively entangles the government in religion." But the Maryland officials who maintain the memorial told the Supreme Court that the monument's context and history show it is intended to convey a secular message of remembrance, not a religious message. They said the appeals court's decision would "compel the removal or dismemberment of a cherished war memorial that has served as a site of solemn commemoration and civic unity for nearly a century." In urging the high court to take the case, officials argued that the lower court's decision puts at risk hundreds of other monuments nationwide. The approximately 40-foot-tall cross at the center of the case is located in Bladensburg, Maryland, about 5 miles from the Supreme Court. Sometimes called the "Peace Cross," it was completed in 1925, and it honors 49 men from the surrounding county who died in World War I. A plaque on the cross' base lists the names of those soldiers, and both faces of the cross have a circle with the symbol of the American Legion, the veterans organization that helped raise money to build it. Today, responsibility for the cross falls to a Maryland parks commission that took over ownership and maintenance of it in 1961 because of traffic safety concerns. The massive concrete structure could be dangerous to motorists if it were to fall or crumble.

The Latest: Trump promises 'great' pick for Supreme Court

President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here." Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House. On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees. White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed. Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates. Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke.

Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes

The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes. Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm. Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money. On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans. Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.

Lawyers: 2014 arrest at Vegas hotel precursor to killings

Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014. Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting. Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below. Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon. Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.

Wisconsin court to rule on conservative professor's firing

The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage. John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech. Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats. The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.

For new Supreme Court justice, a host of big issues awaits

Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them. Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned. But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court. The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term. Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question. The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.

Supreme Court upholds Trump administration travel ban

The Supreme Court on Tuesday upheld President Donald Trump’s ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. The 5-4 decision Tuesday is the court’s first substantive ruling on a Trump administration policy. Chief Justice John Roberts wrote the majority opinion, joined by his four conservative colleagues. Roberts wrote that presidents have substantial power to regulate immigration. He also rejected the challengers’ claim of anti-Muslim bias. But he was careful not to endorse either Trump’s provocative statements about immigration in general and Muslims in particular. “We express no view on the soundness of the policy,” Roberts wrote. The travel ban has been fully in place since the court declined to block it in December. The justices allowed the policy to take full effect even as the court fight continued and lower courts had ruled it out of bounds. Justice Sonia Sotomayor wrote in a dissent that based on the evidence in the case “a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus.” She said her colleagues arrived at the opposite result by “ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens.” Justices Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan also dissented. The policy applies to travelers from five countries with overwhelmingly Muslim populations — Iran, Libya, Somalia, Syria and Yemen. It also affects two non-Muslim countries: blocking travelers from North Korea and some Venezuelan government officials and their families. A sixth majority Muslim country, Chad, was removed from the list in April after improving “its identity-management and information sharing practices,” Trump said in a proclamation. The administration had pointed to the Chad decision to show that the restrictions are premised only on national security concerns. The challengers, though, argued that the court could just ignore all that has happened, beginning with Trump’s campaign tweets to prevent the entry of Muslims into the United States. Just a week after he took office in January 2017, Trump announced his first travel ban aimed at seven countries. That triggered chaos and protests across the U.S. as travelers were stopped from boarding international flights and detained at airports for hours.