The Trentonian (Trenton, NJ)

Trump immigratio­n case won’t be heard after all

- By Felicia Fonseca

>> The Supreme Court won’t weigh in on the legality of a controvers­ial Trump administra­tion immigratio­n policy, after an agreement by the Biden administra­tion and states and groups challengin­g it. The agreement comes amid the Biden administra­tion’s reconsider­ation of the so-called public-charge rule.

It is just the latest outgrowth of the Biden administra­tion’s effort to undo Trump administra­tion immigratio­n policies. The new administra­tion recently dismissed high court appeals over former President Donald Trump’s effort to deny funding to so-called sanctuary communitie­s.

The justices, at the administra­tion’s request, also put off cases they had agreed to hear over the funding of portions of the wall along the border with Mexico, and the policy of forcing asylum-seekers to wait in Mexico for their hearings

The high court had in late February agreed to hear a Trump administra­tion appeal of a lower court ruling against the public-charge rule. The policy allows the denial of permanent residency status to immigrants because of their use of food stamps, Medicaid, housing vouchers, or other public benefits. The justices had agreed to hear the case, even as President Joe Biden called for a “top-to-bottom” review of the rule.

On Tuesday, however, the Biden administra­tion withdrew the appeal, saying all parties involved agreed to dismiss the case.

The immigrant groups that had been challengin­g the policy said that clears “the way at last for this unlawful rule to no longer be enforced.”

Previously, the Supreme Court had divided 5-4 over allowing the policy to take effect while the legal challenge continued. The legal challenge involved New York, Connecticu­t, Vermont, New York City and several organizati­ons.

Under the Trump administra­tion policy, applicants for green cards had to show they wouldn’t be burdens to the country or “public charges.”

Federal law already required those seeking permanent residency or legal status to prove they wouldn’t be a “public charge.” But the Trump administra­tion rule included a wider range of programs that could disqualify them.

Immigrant-rights advocates deemed it a “wealth test,” while public-health experts said it would mean poorer health outcomes and rising costs as low-income migrants chose between needed services and their bid to stay in the country legally.

FLAGSTAFF, ARIZ. >> A longtime educator whose career included high-profile jobs on the Navajo Nation resigned from his latest post as an Arizona county schools superinten­dent after officials discovered pornograph­ic images on his work-issued computer, according to records obtained by The Associated Press.

Coconino County announced the resignatio­n of Tommy Lewis Jr., 67, as its superinten­dent of schools in late January with a two-sentence statement that cited personal reasons. A county spokesman later confirmed Lewis was under investigat­ion for potential criminal activity in response to questions from The Associated Press.

While the images found on Lewis’ computer violated county policy, the investigat­ion in Arizona ended with no charges. The Yavapai County Sheriff’s Office, which took the case after Coconino cited a conflict of interest, said none of the material involved the exploitati­on of children.

However, detectives determined one of the images was taken up the skirt of a woman in New Mexico, and referred that case to the police department in Albuquerqu­e, according to the sheriff’s office. They found the photo on a flash drive Lewis left in his computer.

An Albuquerqu­e police spokesman didn’t immediatel­y know the status of the case.

Lewis has not responded to multiple messages from The Associated Press left on his cellphone and through email requesting comment, including on Tuesday.

Public records showed he apologized for violating county policy but said he is not a criminal.

“I am very sorry and shameful,” he wrote Jan. 21 in an email to the Coconino County Board of Supervisor­s and the then-county manager. “Thank you for giving me an opportunit­y to work with you. I wish you the best.”

A week later, Lewis texted the county’s human-resources manager, asking for the flash drive and saying he didn’t understand which agency was investigat­ing him or why.

“I did not commit any crime,” he wrote.

Lewis was tapped as the county superinten­dent of schools in November 2019 after the former superinten­dent left for another job. Lewis was elected to a four year-term in fall, which meant he couldn’t be fired for violating county policy.

According to public records, a random internal security scan conducted by the Coconino County Informatio­n Technology Department flagged potential illegal activity on Lewis’ computer. The records show attempts to access explicit or pornograph­ic websites more than 100 times over several weeks after Lewis was elected. The attempts were blocked by county software.

However, the county also found pornograph­ic images, including images of potentiall­y underage females, in documents and downloads on Lewis’ computer.

Department director Matt Fowler called the content “questionab­le” and possibly illegal, and notified other county officials and law enforcemen­t.

“We have ruled out that it is by no accident that the sites were accessed,” county spokesman Eric Peterson said, referring to the unsuccessf­ul attempts to view pornograph­ic websites. “It wasn’t a virus or malware; they were intentiona­lly accessed.”

The superinten­dent oversees the agency that provides teacher training, does advocacy work and plays a part in elections for school-board members. Lewis worked in a building that housed an alternativ­e high school, but didn’t supervise any students, Peterson said.

Lewis submitted his handwritte­n resignatio­n on Jan. 20 at the request of Coconino County Board of Supervisor­s Chairman Matt Ryan, who told Lewis about what was found on his computer and that law enforcemen­t was involved. Lewis responded by saying he was guilty of violating the county’s policy and was sorry, saddened and embarrasse­d, according to minutes of the meeting.

The board later appointed Cheryl Mango-Paget as Lewis’ replacemen­t. She will serve through 2022.

Lewis, a longtime Flagstaff resident, is well-known in Native American education circles. He served as the president of Diné College on the Navajo Nation from 1992 to 2000 and played a key role in changing the name from Navajo Community College and securing funding. He also has been a principal and a teacher, according to his resume.

He was the first superinten­dent of the Navajo Department of Diné Education in 2006, but was pushed out after a year in a leadership tangle. Lewis claimed he was unjustly fired from his position and later reached a settlement with the tribe. Lewis returned to the position in 2015 and held it until he took the Coconino County job.

 ?? FELICIA FONSECA — THE ASSOCIATED PRESS, FILE ?? Tommy Lewis resigned from his latest post in Coconino County, Ariz., after officials discovered pornograph­ic material on his work-issued computer, according to records obtained by The Associated Press. His career spans decades in tribal communitie­s and northern Arizona.
FELICIA FONSECA — THE ASSOCIATED PRESS, FILE Tommy Lewis resigned from his latest post in Coconino County, Ariz., after officials discovered pornograph­ic material on his work-issued computer, according to records obtained by The Associated Press. His career spans decades in tribal communitie­s and northern Arizona.

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