The 2-1 decision from the 9th U.S. Circuit Court of Appeals was "an unexpected win for the Biden administration," Hodgman notes.  

Austin Denean of Sinclair Broadcast Group’s The National Desk analyzes how the litigation process continues a pattern of federal courts "effectively determining U.S. policy while Congress has been unable to pass any meaningful reforms of the system." 

Inaction in Congress has left presidents to create policies open to court challenges — or reversals by a successor, which also can elicit lawsuits.  

"Everyone agrees that our immigration system is fundamentally broken and it's not responsive to the economic needs of our country, to some of our priorities as a nation," said Erin Corcoran of the University of Notre Dame. 

And Jennie Murray, our President and CEO, said, "When an administration [is] forced to solve for something, it becomes much more political. It's been that administration’s mark on that action, rather than a bipartisan solution out of Congress." 

Welcome to Monday’s edition of The Forum Daily. I’m Dan Gordon, the Forum’s strategic communications VP, and the great Forum Daily team also includes Karime Puga, Clara Villatoro and Ashling Lee. If you have a story to share from your own community, please send it to me at [email protected]. 

ANTI-IMMIGRANT RHETORIC — More than 160 advocacy groups, including the Forum, have written a letter urging Congress to denounce white supremacist, anti-immigrant rhetoric given its potential to incite violence against marginalized communities, writes Ariana Figueroa of News from the States. The shooter at an El Paso, Texas, Walmart in 2019 was motivated by the Great Replacement conspiracy theory, Figueroa notes. Thank you to the El Paso Times for printing the letter in full on Thursday’s anniversary of the shooting. 

LACK OF ACCOUNTABILITY — A new report by the Washington Office on Latin America and the Kino Border Initiative exposes ongoing human rights abuses by U.S. Customs and Border Protection agents at the southern border, writes Betsy Reed of The Guardian. The report documents a consistent lack of accountability for agents’ misuse of lethal force, intimidation, sexual harassment and falsifying documents. Only 1% of the 78 complaints filed on behalf of migrants between 2010 and 2022 resulted in disciplinary action.  

IMMIGRANT STUDENTS — Two recent reports commissioned by the Presidents’ Alliance on Higher Education and Immigration reveal that students from immigrant families constitute nearly one-third of all students enrolled at American colleges and universities, Sara Weissman of Inside Higher Ed reports. That’s up from 20% in 2000. "When we think about critical skills shortages, the future workforce, it has to include immigrant students, including undocumented students," said Miriam Feldblum, executive director of the Presidents’ Alliance [an Alliance for a New Immigration Consensus partner of ours]. 

‘A HUMANE WAY’ — Many Eagle Pass residents and city leaders have dropped their initial support for Operation Lone Star implemented by Texas Gov. Greg Abbott (R), as Aaron Nelsen of Texas Monthly reported recently and Uriel J. Garcia of The Texas Tribune dives into today. "There’s a humane way to do it. We can’t help them all, but maybe we’re supposed to help some. Maybe that’s what God’s calling us to do," said Magali Urbina, a pecan farmer who voted for Abbott but is uncomfortable with the operation. Don't miss the photos in the Tribune’s piece, either. 

Thanks for reading, 

Dan