《华盛顿邮报》8月23日报道,美国一名联邦法官21日裁定,特朗普政府禁止向75国公民签发移民签证的政策无效,理由是该项政策基于国籍进行歧视,违反了联邦移民法。
WASHINGTON -- Fifty years after the 1973 Arab oil embargo, the current crisis in the Middle East has the potential to disrupt global oil supplies and push prices higher. But don't expect a repeat of the catastrophic price hikes and long lines at the gasoline pump, experts say.The Israel-Hamas war is “definitely not good news” for oil markets already stretched by cutbacks in oil production from Saudi Arabia and Russia and expected stronger demand from China, the head of the International Energy Agency said.Markets will remain volatile, and the conflict could push oil prices higher, "which is definitely bad news for inflation,” Fatih Birol, executive director of the Paris-based IEA, told The Associated Press. Developing countries that import oil and other fuels would be the most affected by higher prices, he said.International benchmark Brent crude traded above $91 a barrel on Thursday, up from $85 per barrel on Oct. 6, the day before Hamas attacked Israel, killing hundreds of civilians. Israel immediately launched airstrikes on Gaza, destroying entire neighborhoods and killing hundreds of Palestinian civilians in the days that have followed.Fluctuations since the attack pushed oil prices as high as $96. The price of oil depends on how much of it is getting used and how much is available. The latter is under threat because of the Hamas-Israel war, even though the Gaza Strip is not home to major crude production.One worry is that the fighting could lead to complications with Iran, home of some of the world’s largest oil reserves. Its crude production has been constrained by international sanctions, but oil is still flowing to China and other countries.“In order to get a sustained move (in prices), we really would need to see a supply disruption,” said Andrew Lipow, president at Lipow Oil Associates, a Houston-based consultant.Any damage to Iranian oil infrastructure from a military strike by Israel could send prices jumping globally. Even without that, a shutdown of the Strait of Hormuz that lies south of Iran could also shake the oil market because so much of the world’s supplies goes through the waterway.Until something like that happens, “the oil market is going to be like everyone else, monitoring the events in the Middle East,” Lipow said.One reason 1970s-style gas lines are unlikely: U.S. oil production is at an all-time high. The U.S. Energy Information Administration, an arm of the Energy Department, reported that American oil production in the first week of October hit 13.2 million barrels per day, passing the previous record set in 2020 by 100,000 barrels. Weekly domestic oil production has doubled from the first week in October 2012 to now.“The energy crisis of 1973 taught us many things, but in my mind, the most critical is that American energy strength is a tremendous source of security, prosperity and freedom around the world,'' said Mike Sommers, president and CEO of the American Petroleum Institute, the U.S. oil industry's top lobbying group.In a speech Wednesday marking the 50th anniversary of the 1973 oil embargo, Sommers said current U.S. production contrasts sharply with “America’s weakened position during the Arab oil embargo.'' He urged U.S. policymakers to heed what he called the lessons of 1973.“We cannot squander our strategic advantage and retreat on energy leadership,'' said Sommers, who has repeatedly criticized President Joe Biden's policies restricting restricting new oil leases as part of Biden's efforts to slow global climate change.“With an unstable world, war in Europe, war in the Middle East, and energy demand outstripping supply, energy security is on the line,'' Sommers said in a speech at the Hudson Institute, a Washington think tank.“American oil and gas are needed now more than ever,'' Sommers said. “Let’s take to heart the lessons we learned from 1973 and avoid sowing the seeds of the next energy crisis.'' For now, the crisis isn’t a repeat of 1973. Arab countries aren’t attacking Israel in unison, and OPEC+ nations have not moved to restrict supplies or boost prices beyond a few extra dollars.There are several wild cards in the energy market. One is the supply of Iranian oil. Eager to avoid a spike in gasoline prices and inflation, the U.S. has quietly tolerated some exports of Iranian oil to destinations such as China instead of going all in on sanctions aimed at Iran’s nuclear program. If Iran, which has warned Israel not to undertake a ground offensive, escalates the Gaza conflict — including a possible attack by Hezbollah militants in Lebanon supported by Iran — that might change the U.S. stance. “If the U.S. were then also to enforce the oil sanctions against Iran more strictly again, the oil market would tighten noticeably,” say commodities analysts at Commerzbank.Lawmakers from both parties have urged Biden to block Iranian oil sales, seeking to dry up one of the regime’s key sources of funding.Another wild card is how Saudi Arabia would respond if Iranian oil is restricted. Oil analysts say that while the Saudis may welcome recent oil price hikes, they don’t want a massive price spike that would fuel inflation, higher central bank interest rates and possible recession in oil-consuming countries that ultimately would limit or even kill off demand for oil. A third unknown is whether more oil will reach the market from Venezuela. The U.S. agreed Wednesday to temporarily suspend some sanctions on the country’s oil, gas and gold sectors after Venezuela’s government and a faction of its opposition formally agreed to work together on election reforms.Venezuelan production could increase in 2024. In the next six months, however, production could ramp up by some 200,000 barrels a day, a relative drop in the ocean, according to Sofia Guidi Di Sante, senior oil market analyst at Rystad Energy.Wyoming Sen. John Barrasso, the top Republican on the Senate Energy and Natural Resources Committee, slammed the U.S. action as a “gimmick” that appeases a brutal regime in Venezuela. “Joe Biden’s energy policies put America last,'' Barrasso said, citing the Democratic president's decisions to kill the controversial Keystone XL oil pipeline and sell off significant portions of the nation’s Strategic Petroleum Reserve, taking it to its lowest level since the 1980s. The Energy Department said Thursday it will seek offers to start refilling the oil reserve in December, with monthly solicitations expected through May 2024.“He eased sanctions on Iran, which funds terrorism across the Middle East. Now with Israel under attack, Biden is desperate for anything to mask the consequences of his reckless policies,'' Barrasso said. “America should never beg for oil from socialist dictators or terrorists.''The Treasury Department says it has targeted nearly 1,000 individuals and entities connected to terrorism and terrorist financing by the Iranian regime and its proxies, including Hamas, Hezbollah and other groups in the region. "We will continue to take action as appropriate to counter Iran’s destabilizing activity in the region and around the world,” Treasury said in a statement.____McHugh reported from Frankfurt, Germany. Choe reported from New York.。报道特别指出,这名法官是拜登任命的。美国国务院今年早些时候表示,将暂停向阿富汗、巴西、也门及其他数十个国家公民发放移民签证,原因是特朗普政府认定这些国家的人入境美国后很可能“需要公共援助”。纽约南区联邦地区法官珍妮特·A·巴尔加斯(Jeannette A. Vargas)周五裁定,该政策还会在领事官员已对申请人进行评估、并认定其具备自给能力的情况下,仍禁止美国政府签发移民签证。巴尔加斯表示:“从多方面来看,这并非疑难案件。”她指出,1952年《移民与国籍法》禁止在移民签证发放中基于国籍进行歧视,而特朗普政府的政策“仅凭国籍”就剥夺了部分人的移民签证资格。随后,巴尔加斯援引一份美国外交电报,该电报指示各领事馆拒绝向签证已获批但尚未寄出的申请人发放移民签证。巴尔加斯表示,特朗普政府的政策“违反法律”,且超出了美国国务卿马尔科·卢比奥的权限。法官的裁决撤销了该签证禁令,同时也撤销了仅基于该政策作出的拒签决定。美国国务院一位发言人对媒体表示,特朗普政府“通过对签证申请人坚持执行最高标准的筛查与审查,来保护美国人民”,并补充称政府不对正在进行的诉讼发表评论。国务院发布该禁令时曾表示,该政策将“持续有效,直到美国能够确保新移民不会从美国人民身上榨取财富”。

二 | 法律援助协会监督律师苏珊·韦尔伯代表原告起诉联邦政府。

三 | 她声称,这项针对75国的签证禁令“基于一个虚构的前提”,即目标国家的居民如果来到美国,很可能会使用公共资源。

四 | 韦尔伯表示:“每当我们反击那些基于虚构、不实信息和偏见而发起的政策时,我认为我们在推动移民体系更加公正。”西部法律与贫困中心(Western Center on Law amp; Poverty)高级律师安托瓦内特·多齐尔对此称:“对于这75个国家的众多家庭来说,这项裁决意味着回归公平、逐案审查的流程,并有机会与亲人团聚。没有任何一届政府可以因为认为申请人的国籍不可接受,就凌驾于法律之上。

五 | ”观察者网查询发现,美国纽约州民主党籍联邦参议员柯尔斯滕·吉利布兰德(Kirsten Gillibrand)在2024年向时任美国总统拜登推荐了珍妮特·巴尔加斯,建议由她担任纽约南区联邦地区法院法官。当年3月20日,吉利布兰德发表声明称:“我很自豪并感激拜登总统提名珍妮特·巴尔加斯担任纽约南区联邦地区法院法官。巴尔加斯女士在纽约南区联邦检察官办公室服务超过二十年,是复杂民事诉讼领域的专家,经办过从重大金融欺诈调查到第11章破产程序等各类案件,同时在保护和加强LGBTQ群体公民权利方面也有着卓越的记录。”珍妮特·巴尔加斯当时任纽约南区联邦检察官办公室助理联邦检察官。巴尔加斯1995年以“优异成绩”(magna cum laude)获得哈佛学院文学学士学位,2000年获得耶鲁法学院法学博士学位。她曾在辛普森·撒切尔律师事务所担任律师,以及美国第二巡回上诉法院的法官书记员。很快,她就在2002年加入纽约南区联邦检察官办公室,担任民事分部普通助理联邦检察官。2009年晋升为税务与破产部副主管,2010年升任税务与破产部主管,2014年至2016年间担任高级出庭律师,自2016年起担任民事分部副主管。