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JOBS

JOBS POLICIES, ANALYSIS, AND RESOURCES

The Jobs and Infrastructure domain tracks and reports on policies that deal with job creation and employment, unemployment insurance and job retraining, and policies that support investments in infrastructure. This domain tracks policies emanating from the White House, the US Congress, the US Department of Labor, the US Department of Transportation, and state policies that respond to policies at the Federal level. Our Principal Analyst is Vaibhav Kumar who can be reached at vaibhav@usresistnews.org.

Latest Jobs Posts

 

Two New Twists In The Saga of The 2020 Census; October 2020

Brief #139—Civil Rights
By Rod Maggay
On October 13, 2020 the United States Supreme Court issued an order that stayed an order from the 9th U.S. Circuit Court of Appeals that upheld the suspension of the September 30, 2020 deadline for finishing the 2020 census count. And, on October 16, 2020 the Supreme Court announced that it had set for argument on November 30, 2020 to consider whether the census can exclude undocumented immigrants from the overall tally of persons.

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The Trump Administration Threatens Hospital Funding Over COVID-19 Reporting

Brief #82—Health
By Taylor J Smith
After the Trump Administration’s July announcement requiring all hospitals to submit COVID-19 data to private company, TeleTracking Technologies, exclusively sharing data with the Department of Health and Human Services, critics opposed the White House’s move to bypass the Centers for Disease Control, raising transparency concerns. However, the requirements have continued, and President Trump has become dissatisfied with the level of compliance amongst the nation’s hospitals.

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Future Dismal for Young Workers

Future Dismal for Young Workers

Policy

The economic outlook is bleak for new workers and for millennials who entered the labor force after the 2008 economic crisis. The employment rate for 20-24 year olds is down 25% from March to April and down 16% for 20-29 year olds.  For workers without degrees, and for minority workers, the outlook is more pronounced. A report released just prior to the onslaught of the virus showed that young college graduates had unemployment rates greater than those for the general population but less than that suffered by those without a degree.  It further showed that 41% of recent college graduates worked in jobs not requiring a college degree.  Data from the 2008 economic crisis suggest that job losses and bouts of unemployment have a lasting impact on career trajectories and lifelong income.  There is evidence that job insecurity and competition make people “risk averse,” and less likely to change jobs which may provide a promotion or more opportunities in the future.  People who have come of age, between the ages of 18-25, in periods of economic downturn are more likely to believe in luck rather than effort as a significant element of success.  Loss of income and poor job security are linked to a disinclination to marry or to have children.  Millennials have suffered two unusually severe periods of economic crisis and its full impact on their adulthood is yet to be seen though, as a group, they are less well off at the same age when compared to Gen Xers and baby boomers..

New job seekers, particularly those from affluent families and with college degrees, can choose to sit out the labor market for a “gap year.” Pursuing an interest or hobby is not likely to reflect poorly on their potential and the labor market may be more favorable in the next year.  Workers without the luxury of sitting out in their parents’ home and/or doing something other than unpaid work face debt, unpaid bills, and poor prospects.  Workers who lose jobs and/or take jobs that are not the desired type will face long term fallout.

Analysis

One obvious help would be for the government to ensure that workers are not laid off but for many that ship has sailed.  Preserving employment would lead to bills being paid and debt being attended to. Even a pay cut, coupled with student loan deferments, would leave new and young workers in a better position.  Other policies should focus on helping retail, leisure, and hospitality industries where young people are likely to be disproportionately employed.  One fear is that older people, past retirement age, who own shuttered businesses, may decide not to reopen adversely affecting the prospects of young workers.  Politically, for some young workers who formerly aligned with the Republican Party and other moderates, there is some evidence that they are swinging progressive.  Young people are strong supporters of Bernie and also of Alexandria Ocasio-Cortez and are impacting the platform of the Democrats.  If the trend continues, it can mean a new political landscape.

Learn More:

Election Responses to the Pandemic: Mail-In Voting and Virtual Conventions

Election Responses to the Pandemic: Mail-In Voting and Virtual Conventions

As more states move to expand mail-in voting ahead of the November election, President Trump hasn’t held back from expressing his disapproval of the proposced new measures. In alignment with the President, Republicans are also investing in efforts to make voting more inaccessible, citing voter fraud as a major concern. Joe Biden leads the President by a wide margin in many of the recent polls conducted on the 2020 presidential election.

Voting

President Trump attacked mail in voting, which 45 states currently allow, as fraudulent and potentially hurtful to his reelection efforts. Despite his baseless claims, state leaders are working to ensure the citizens can safety cast their ballots without risking their health.

The State Democratic Secretary of Michigan announced last week that all registered voters would receive an application in the mail to request an absentee ballot ahead of the general election. Following suit, a federal judge ruled that Texans have the right to request an absentee ballot if they fear compromising their health at the polls.

The Republican National Committee has pledged $20 million to fight democratic lawsuits that are seeking to ease voting restrictions. The New York Times reported that Republicans are also seeking to recruit 50,000 people in key battleground states to serve as “poll watchers” and deter voters who they believe are ineligible to vote.

Several studies have shown that neither Republicans nor Democrats have an unfair advantage with mail voting in place and despite the President’s claims, cases of voter fraud are exceedingly rare.

The Candidates

Joe Biden remains in the lead in national polls, and as of recently,and  also leads in key swing states: Arizona, Florida, Virginia and Michigan. Despite sexual assault allegations from a woman named Tara Reade, many voters are essentially considering that President Trump has many sexual assault allegations, which didn’t deter his path to presidency.

Given that this is a re-election race, voters are mainly deciding if they want four more years of the Trump administration. For many, the Reade allegation does not seem like enough to sway voters in Trump’s favor.

A recent poll shows that out of the 55% of Americans who believe the accusation against Biden, 1 in 3 people would still vote for him in November. Experts believe that to beat an incumbent, only 5% of the work is convincing people you are capable, the rest is convincing them why your opponent should be voted out.

Presidential Convention
Social distancing measures aren’t likely to disappear any time soon, and for the first time in history, the Democratic National Convention may be virtual. Democrats are making plans for an online convention scheduled for this August to ensure delegates won’t be risking their health while performing their role.

The Democratic National Committee has already approved a social distancing friendly plan for the gathering that will inevitably confirm Biden as the party’s nominee. In response to progressive delegates dissatisfied with Biden as the party’s nominee, Sen. Sander’s campaign released a report outlining rules of conduct. The report barred delegates from attacking other candidates or party leaders at the convention and prior to it on social media.

Resistance Resources 

  • When We All Vote– a nonpartisan organization committed to voter registration.
  • Brennan Center for Justice– an advocacy group that supports expanded mail voting as one way to insulate elections from the effects of the pandemic.
  • ACLU– a nonprofit organization fighting voter suppression and promoting access to the ballot.
U.S. RESIST NEWS Endorses Joe Biden for President

U.S. RESIST NEWS Endorses Joe Biden for President

In this, the most important Presidential election in the history of our country, U.S. RESIST NEWS is pleased to endorse Joe Biden for President. We are confident that Biden’s experience and strong character will enable him to defeat President Trump in the November Presidential election.

Joe Biden is the winner of the vast majority of state democratic primaries held thus far. He has amassed 1,507 democratic convention delegates, compared to his closest rival Bernie Sanders who has 984. Biden has received  63.3% of all primary votes cast (286,065). Sanders has received 16.5 % (74,755)

Biden has held senior US government policy-maker positions since 1972. He served as US Senator from the state of Delaware and was re-elected 6 times. He also served as United States Vice-President in the administration of President Barack Obama from 2009 to 2017.

Over the course of his career Biden has played key roles in the development and implementation of legislation that addresses the key public policy domains covered by USRRESIST News, including civil rights, gender equity, health, education, the environment, gun control, immigration, and foreign policy.

He has extensive experience dealing with the two most pressing problems currently facing the United States: a global pandemic (Biden led the Obama administration’s efforts to combat Ebola virus), and an economic recession/depression (Biden helped lead economic recovery efforts that brought us back from the financial crisis of 2008).

Joe Biden also is a man of character known for his honesty, integrity, and compassion. Because he has been through so many personal hardships (the loss of his first wife and young child and later an older son), he has developed an ability to empathize with American going through hardship and loss as so many now are.

Recently there has been an unproven allegation that Biden, 28 years ago, sexually assaulted a Congressional staffer named Tara Reade. Biden has denied doing this, and continually responds to questions about the incident. He has said that he believes in the right of women to express themselves about such incidents and their right to a full investigation into what has been alleged. This response indicates Biden takes such allegations seriously and addresses them in a forthright manner. President Trump on the other hand has cursorily dismissed the more than 12 allegations of sexual assault and rape that have been lodged against him.

Supporting Joe Biden is the right thing to do at this time. The other major democratic candidates for President have endorsed Biden. They sense, as do we, that there is a need for democrats to close ranks in this election. For the past four years President Trump has conducted an assault on our democratic institutions and the rule of law. He has debased the role of president and divided our country at a time when we need to be united.

Joe Biden has the ability to unite America. He can appeal to disaffected voters in mid-America swing states, liberal and moderate elements in the Democratic party, and key elements of the Democratic base, such as African Americans and women. This ability to connect with the different Democratic party constituencies  suggests that large numbers of voters will turn out in support of him on election day. A large turnout will help ensure that the Democrats capture the White House, as well as Capitol Hill.

Go Joe go! We’re behind you.

The President and The Scientists

The President and The Scientists

The Coronavirus Government Watch Blog is a new U.S. RESIST NEWS blog post written by Sean Gray. The Post provides information and analysis of the federal government’s response to the coronavirus. Wherever possible we seek to be supportive as the coronavirus threatens the health and economic welfare of our nation, and we need government leadership to deal with the virus crisis

The Trump administration’s adversarial stance toward science has hindered its coronavirus response. By prioritizing political self-image over substance, the federal government has impeded progress and sowed confusion through misinformation. From failing to heed credible warnings to a premature haste to reopen economies, science has been minimized in the decision-making process. That tendency has compounded the pandemic and will likely continue to do so.

Dr. Anthony Fauci has been the public face of the government’s coronavirus response. He’s corrected some of the president’s more egregious misstatements (albeit diplomatically)  and managed to stay in his role. The same dissent has driven an unprecedented number of staffers through 1600 Pennsylvania Avenue since January of 2017. Still it benefits no one for Trump and the Center For Disease Control’s foremost authority to deliver conflicting messages to a worried public. To undermine the individual entrusted with running point on the crisis is a foolish paradox. When Trump opines uninformed alongside Fauci, he does just that, given the public the choice between data driven science and his personal opinion.

Last week Trump turned Fauci into something of a political pawn. The CDC’s infectious disease team has had a policy of not testifying before Congress while combating the virus. Trump refused to allow Fauci to appear before the Democrat-led House because ‘’because the House is a bunch of Trump haters’’ but allowed him to appear before the GOP-held Senate, a body that has proven unwilling to hold him accountable for anything. The move was a naked attempt to keep the doctor from saying anything damaging before a House unfriendly to him. Politicizing Fauci’s involvement makes him seem  less like a  scientist and more as a partisan in the eyes of Trump’s supporters and allies. The end result is that science is marginalized in favor of what may be more palatable.

The Trump/Fauci relationship is emblematic of the administration’s problematic response to the pandemic. Ideally their relationship would be that of a respected scientist informing the decisions of the person elected to lead. But, Fauci’s guidance often clashes with Trump’s narrative. Ultimately his impact has been dulled by a cacophony of less-informed voices with other motivations. The result is a sloppy, patchwork reopening of the country based on whims rather than hard scientific data.

That ignorance was on full display last week. On Wednesday Trump actually said ‘’we have met the moment and prevailed’’. This is simply untrue. The US death toll has exceeded 90,000. There are more cases than there were in April or March, and reopening across the country promises to exacerbate an inevitable second wave of coronavirus. The statement is either a whopping lie intended to boost Trump’s public standing or indicative of how poor an understanding the president has of the pandemic. Neither can be ruled out. And neither would make the utterance any less irresponsible.

China and the World Health Organization have been reliable targets for Trump’s attempt to deflect blame from himself. The latter organization (whose US funding the president has cut off) has convened scientists the world over to speed up the development of a Covid-19 vaccine. The consensus of the medical community is that a vaccine is requisite for safely returning to normal. The United States will not be involved with the WHO initiative. Be it political posturing or lack of understanding, this decision is inexcusable. To cut funding and prevent input from US scientists on the most significant public health project in a century is to spit in the face of science for the sake of one ego.

Abundant testing for coronavirus is imperative. Grim as the global case numbers may be, they are incomplete. One needn’t have a Ph. .D. to know an accurate count of cases is necessary to adequately monitor and respond to the outbreak. Yet Trump said this week that testing may be ‘’overrated.’’ He acknowledged the US has more cases than any other country but seems to think it is because they’ve ran tests. ‘’If we didn’t do any testing, we would have very few cases.’’ Again, this astounding ignorance demonstrates that Trump fails to comprehend the purpose and significance of testing. While sticking his foot in his mouth, Trump announced the US had administered its 10 millionth test and that CVS would have 1,000 new testing sites up by the end of the month. He’d go on to say  that the country has run more test than anyone else. This is highly misleading. The US lags behinds several countries in per capita testing; the number currently sits at 28,482 per million. That translates to .02% in a nation of 320 million. Even if the .02% figure were the best in the world, it would hardly be brag-worthy. Common sense dictates expansive, regular testing is key to beating back the virus. Yet to hear the president tell it, testing is something of a nuisance which may reflect poorly on him.

Donald Trump is a man of science the way Evil Kineval was a man of caution. Opinions not based in fact or peer-reviewed data are worse than useless in a pandemic. Due to Trump’s anti-intellectual proclivities, fact-less voices are given much more weight than they merit. Since March it is evident Trump is at least as concerned with his political survival as he is with managing this crisis. The sad irony is that had Trump been less concerned with poll  numbers and more concerned with the spread of Covid-19, there would likely be fewer dead Americans and a higher Trump approval rating. Mitigating the damage of this pandemic should be the president’s singular focus at the moment. The prudent way to do that is by heeding the experts appointed to guide him. Unfortunately those experts often tell the president things he doesn’t want to hear. Similar dissenters haven’t gotten far in three years of  a Trump White House.

Learn More:

https://www.reuters.com/article/us-health-coronavirus-who-usa/us-says-will-not-take-part-in-who-global-drugs-vaccine-initiative-launch-idUSKCN2261WJ

https://www.politico.com/news/2020/05/14/trump-coronavirus-testing-high-case-numbers-259524

The Future of Retail is Up for Grabs as a Result of Covid-19

The Future of Retail is Up for Grabs as a Result of Covid-19

Policy
The April reports show a 16.4% drop in retail sales, lower than the predicted rate of 12.3% for the month of April.  This rate is nearly double the March rate of 8.3%.  The drops were seen to a greater or lesser extent across retailers, even extending to grocery stores.  Clothing and accessories were down 79% in April; electronics and appliances down 60.6%; furniture and home furnishings down 58.7%; gas stations down 28.8% and grocery stores reduced by 13.2%.  The decline in grocery store purchases is attributed to the inference that people are buying more groceries in stores like Wal-Mart and Targets and/or Amazon in order to limit potential exposures to the virus.  Sales of athleisure wear and comfort clothing have been robust though no firm data has been reported.  The only area which saw an increase in sales was online businesses which gained 8.4% in sales.

The temporary shuttering of stores has led several retailers to file for chapter 11 bankruptcies.  These include Neiman Marcus, J. C. Penney, and J Crew.  They join a growing list of companies, over the past decade, which have moved to restructure by contracting their retail outlets and laying off staff to try to meet goals set in Chapter 11 planning.  They join other retailers in chapter 11which include Toys “R” Us; Pier 1; Payless Shoesource; and Forever 21.

Although the pandemic was the catalyst for the most recent filings, it is not the only culprit in the devastation of formerly major retailers.  Analysis suggests that the causes of the downturn in sales are also attributable to these companies’ inability to compete effectively with online options and to a tepid response to attracting younger customers to their client base.  Another significant factor troubling retailers is the debt incurred by buyouts from private equity firms which have added payments in interest and fees to declining sales.

Analysis
Sixty eight percent of the 21.5 trillion dollar US economy relies on personal consumption.  What the future holds in these areas is difficult to predict.  Experts suggest that the return to a “normal” pattern cannot be expected until 2021 but the question of whether there will even be a return to previous habits remains open.  People may be more cautious about spending money but if long term trends in work change so that more people will work at home, part or full time, it is likely that the sale of clothing, gasoline, and automobiles may not return to previous levels.  It is also unclear whether the chapter 11 goals for restructuring affected companies will be made or if they will suffer permanent closings and layoffs.  When Toys “R” Us went into chapter 11, 30,000 workers were let go with no severance pay even though creditors, attorneys, and consultants were paid.  If companies go into full bankruptcy more workers will lose their incomes and reverberations will be felt in consumption, home buying, and other related areas.  Companies such as Amazon, Etsy, and Wayfair are making this possibility veer towards a probability.  The US departments of Commerce and Consumer Protection will need to attend to these likely future trends.

Learn More

Resistance Resources

https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection  A federal agency collecting complaints and conducting investigations into fraudulent and unfair business practices.

Pompeo’s Weird Iran Scheme

Pompeo’s Weird Iran Scheme

With the coronavirus pandemic rightly taking center-stage over the past few months, the limelight has been shifted from traditionally discussed topics of foreign policy.

Policy Summary
With the coronavirus pandemic rightly taking center-stage over the past few months, the limelight has been shifted from traditionally discussed topics of foreign policy. However, this does not mean that the Department of State has shuttered its doors and ceased working. In fact, Secretary of State Mike Pompeo came forward in late April with a rather convoluted plan to re-impose UN sanctions on Iran by way of a thorny legal argument that worked around President Trump’s declaration of withdrawal from the Iran nuclear deal and the unilateral application of sanctions by the U.S. The strategy was conjured up by the Trump administration following the realization that the UN conventional arms embargo on Iran was going to expire in October, with Russia desiring to return to business-as-usual arms sales with the Iranian regime. The Trump administration has argued that if the arms embargo is not extended past its expiration date in the fall, that Iran will begin re-supplying weaponry to various national security threats and terrorist groups.

Let’s begin by first looking at what the Iran nuclear deal is meant to do and what state it is currently in. First, the accord is formally known as the Joint Comprehensive Plan of Action, or the JCPOA. The Obama-era agreement was struck between Iran, the U.S., EU, China, France, Russia, UK, and Germany; with the U.S. being the arguable lynchpin. The JCPOA forced Iran to send 97% of its generated nuclear fuel to Russia (as of 2016), along with limiting its production of nuclear material for the duration of 15 years and opening Iran’s nuclear facilities to inspection by the UN. In terms of the JCPOA’s current state, to all of the available evidence, Iran followed the agreement for a year following Trump’s declaration of the U.S.’s withdrawal from the accord but has been gradually violating set restrictions over the past year despite rebukes and threats by abiding European signatories. The Iranian regime has declared that it will go back to abiding by JCPOA limitations if Trump agrees to lift U.S. sanctions and re-enters the deal on the previous terms. Despite these sanctions, Iran has refused to negotiate with the Trump administration, which wishes to negotiate a far more stringent nuclear agreement.

We can now turn to Pompeo’s new strategy to drag Iran kicking and screaming to the negotiation table. The tactic relies upon the UN upholding Pompeo’s claim that despite Trump unilaterally imposing sanctions and declaring U.S. withdrawal from the deal, that the U.S. is still a so-called “participant state” to the deal due to it being an original signatory. If this premise is accepted, the U.S. would hypothetically be able to pressure the restoration of pre-2015 UN sanctions on oil sales and banking activities if the arms embargo is not prolonged. The Trump administration would then be able to lord its ability to re-impose far more stringent sanctions over Russia, ensuring that the U.S.-backed arms embargo would be extended.

It was reported by the New York Times that Pompeo is anticipating that upon the U.S. demanding that the Security Council prolong the arms embargo, Russia will immediately veto it. The U.S. would then assert that it is still a participant in the deal, as it is an original signatory and argue that Trump’s declaration of withdrawal did not revoke the U.S.’s rights as such. The Times did not provide the text of this legal argument, but I am curious as to how Pompeo can make such an assertion. Setting this aside however, if the claim is accepted by the UN, the U.S. would then point to Iran’s violation of the treaty’s limitations and demand a return to pre-2015 UN sanctions, as put forth in the JCPOA.

Analysis:

This is, at best and in my untrained legal opinion, a tenuous gray area to say the least. Although the U.S. is certainly an original signatory to the JCPOA under Obama, Trump has most definitely withdrawn from the deal and has been imposing US sanctions for the past two years. I may not be a lawyer nor am I well-versed in contracts, but it was my understanding that upon a party choosing to leave an agreement, it can no longer make demands as though it is a participant in said agreement. How does Trump leaving the JCPOA mean the U.S. has retained its powers as a signatory? I am not arguing that the arms embargo should not be extended or that its extension is not in the best interest of U.S. national security, but that the Trump administration is flagrantly attempting to have its cake and eat it too. A small criticism perhaps in the enormous fabric of the fight over the Iran deal, but certainly a bizarre one of note.

In addition, Pompeo’s plan was announced after the Islamic Revolutionary Guard Corps launched a military satellite, which he asserted to be proof of Iran’s space program not being peaceful in nature. What this has to do with the UN arms embargoes and the nuclear deal I have no idea. Perhaps it was meant as evidence of Iranian aggression that would support the use of Pompeo’s legalese tactic? Who knows? Either way it’s an odd spark for an equally odd case.

Governments, parents, and even children are itching for schools to reopen, but COVID-19 may keep them closed.

Governments, parents, and even children are itching for schools to reopen, but COVID-19 may keep them closed.

Governments, parents, and even children are itching for schools to reopen, but COVID-19 may keep them closed. Recent events have led districts to second-guess a fresh start this fall: The pandemic’s expected death toll continues to rise as states move to reopen against the advice of scientists; Coronavirus task force advisor Dr. Anthony Fauci has warned against assuming that vaccines and widespread treatments will be available by fall, calling the expectation “a bridge too far”; and in recent weeks, the popular belief that children are “safe” from the virus has been turned on its head by emerging reports of a new pediatric inflammatory syndrome.

On May 12th the entire California State University system announced that it will hold the upcoming semester online, and universities around the country are expected to follow suit. As difficult as this situation is for college students, it may be impossible for schoolchildren. Even for those with consistent Internet access, the lack of structure and high stress levels will prevent kids from meeting standard academic milestones. In fact, many analysts are expecting them to lose ground in an intensified version of the “summer slide.”

Meanwhile, President Trump has been pushing for schools to reopen as soon as possible. He rejected Dr. Fauci’s suggestion to remain cautious in the fall, calling it “not an acceptable answer.” Trump added, “We have to open our schools. Young people are little affected by this.”

Analysis

Despite President Trump’s optimism, the risks of a rushed reopening cannot be understated. Setting aside his apparent ignorance of pediatric inflammatory syndrome, children are not the only ones affected by potential outbreaks in schools; staff and students’ families will also be caught in the crossfire.

There is hope that, like the retail sector, schools can reopen earlier if they do so gradually. The United States could follow the example of Denmark, which reopened schools for the lower grades on April 15th. In addition to increased hygiene measures, children are required to stay six feet apart, and classroom sizes are limited to ten. However, questions remain about the viability of doing this in larger schools. Denmark chose to open primary schools first for good reason: they tend to be smaller, and they’re more likely to be within walking distance. In densely-packed high schools, creating a safe plan would present a significant challenge. The cited NPR article suggests staggering schedules to reduce class sizes, meaning kids could attend on alternating days or in daily shifts.

As with every aspect of public life, coronavirus presents an impossible choice for schools and families. Proposed safety measures can only do so much to mitigate the risk, especially since children have more difficulty understanding and adhering to social distancing policies. However, at some point the suffering caused by missed milestones and social isolation rivals that of the virus itself. The spectre of disease is coupled with that of a mass-scale academic and developmental backslide.

While the fall quarter is up in the air, districts should do more to address the drawbacks of distance learning. Some schools are not offering online instruction due to lack of preparedness and equity concerns. This summer is the time to train teachers and administrators, as well as develop an effective online curriculum — preferably at the state level. Some districts have offered wifi and laptops to low-income students, but the current patchwork of resources is hurting children nationwide. Federal and state support for such programs would go a long way towards making phased reopenings possible. A staggered schedule will be much more viable if kids can learn effectively from home.

Perhaps we’ll get lucky and the situation will improve drastically by August, but we need to prepare for the worst now. Having effective digital options will reduce the rush to return to the classroom before it’s safe.

Resistance Resources

  • Khan Academy
  • Scholastic’s Summer Read-A-Palooza program offers free e-books. This year, they’ve also launched Home Base, where kids can create an avatar, track their reading progress, and more.
Trump Administration Policies Help Spread Covid-19 to Central America

Trump Administration Policies Help Spread Covid-19 to Central America

Policy Summary
Since March, the Trump Administration has expelled almost 10,000 migrants using emergency public health measures that have granted US Customs and Border Protection temporary authority to bypass immigration laws. There are now fewer than 100 migrants in federal custody.

In April, forty-four migrants on a deportation flight from the US to Guatemala tested positive for COVID-19. Prior, there were only 800 confirmed cases total in all three Northern Triangle countries. Within Guatemala there are two major urban hospitals and smaller regional facilities. Their capacity to handle a potential outbreak as a result of these forty-four confirmed cases is extremely limited. The Mexican government has since agreed to accept the rapid return of migrants from Mexico and the Northern Triangle, according to a recent agreement with the Trump Administration. However, it is unclear how sustainable this plan would be given the large volume of migrants the US has been deporting.

Analysis

The US is bound to the customary international law principle of non-refoulement (the practice of not forcing refugees or immigrants to return to a country where they are subject to persecution). Due to these rapid return measure the Trump Administration has employed since lockdown, migrants are now not only unable to claim asylum and/or other forms of humanitarian protections but are also being expelled to countries in which they fear persecution.

Additionally, the US has almost directly spread the pandemic in Guatemala, where their health system is severely hindered and could cost many individuals their lives. Many of the forty-four deported migrants showed symptoms prior to boarding their flights. Knowingly spreading the virus to an incapacitated region, is not only unethical, but a careless way to attempt to reduce the number of confirmed cases in the US by expelling migrants.

Engagement Resources

  • The National Immigration Law Center: an organization that exclusively dedicates itself to defending and furthering the rights of low income immigrants and strives to educate decision makers on the impacts and effects of their policies on this overlooked part of the population.
  • Border Network for Human Rights: network to engage education, organization and participation of border communities to defend human rights and work towards a society where everyone is equal in rights and dignity.
  • World Health Organization: the WHO provides updated information surrounding COVID-19 and global responses
  • Center for Disease Control: the CDC provides updated information surrounding COVID-19 and the US responses
Hawaii Wildlife Fund defends Clean “ Wai” Water

Hawaii Wildlife Fund defends Clean “ Wai” Water

Summary
Hawaiian culture is sacred. Hawaiians give much respect to the history and folklore of their state. Forest, streams, oceans and humans are all interconnected creating “Ohana” one family, protecting invaluable resources. Hawaiian mythology tells a tale of Kane and Kanaloa; Gods of Water, who when they desired to drink would dig their hands into the earth calling on the fresh water to quench their thirst. Circa 2020, if one were to dig into the earth in Maui County, that drink of water would include seepage from the Lahaina Wastewater Reclamation Facility.

Conservation groups are on a mission in Hawaii. Protecting the vitality of the ocean is a major focus. In 2012, Hawaii Wildlife Fund (HWF), along with The Surfrider Foundation, Sierra Club- Maui Group and West Maui Preservation Association, initiated a civil action against Maui County, alleging that The Lahaina Wastewater Reclamation Facility was injecting treated sewage into groundwater that inevitably reaches the Pacific Ocean. HWF states that the injection wells are a direct point source of pollution and therefore in violation of The Clean Water Act (CWA). The facility would need to apply for a National Pollutant Discharge Elimination System Permit (NPEDS) from the Environmental Protection Agency (EPA) in order to be in compliance with the CWA. As a result of failure to comply, pollution has created severe biological disruptions to coral reefs, marine life, strained social goods and economic services.

The Clean Water Act, is the nation’s primary federal law governing water pollution. The main purpose of the statute is to restore chemical, biological and physical integrity of the nation’s navigable waters. The act establishes a structure to discharge pollutants, and activates the EPA to set standards for municipal and commercial industries. The Lahaina Wastewater Reclamation Facility is authorized by the EPA to operate four class V injection wells, to dispose of effluents. Producing 3-5 million gallons of liquid waste from the county’s 40,000 residents, the injection wells are essentially pipelines that travel far beneath the earth’s surface,entombing waste into porous rock. The concern lies with the seepage from the injection wells which invade groundwater, and ultimately marry into the Pacific Ocean.

County of Maui v. Hawaii Wildlife Fund 2020, has endured a lengthy litigation process. The United States District Court for the District of Hawaii 2014 ruling was in favor of the plaintiffs. The Court agreed that the Lahaina Wastewater Facility needed to apply for an NPDES permit, and referred to the injection wells as a “direct” point source.  Maui County challenged that decision to the Ninth Circuit Court of Appeals. Maui County argued that the injection wells were a source of indirect pollution and named  groundwater, as the culprit which indirectly infused de minimis amounts of liquid sewage into navigable waters.  The Circuit Court upheld the lower court’s ruling. Maui County, unsatisfied with the verdict petitioned The United States Supreme Court, who granted the petition in February 2019.

Analysis

The SCOTUS issued its 6-3 decision on April 23, 2020. The issue; Whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater. In interpreting the language of the CWA, which defines “discharge of a pollutant” as “any addition of any pollutant to navigable waters from any point source, the court held that “a permit is required when there is a discharge from a point source directly into navigable waters or when there is the functional equivalent of a direct discharge.”

The outcome is a victory for environmentalists who work tirelessly to defend navigable waters against an administration who is hellbent on gutting clean water. The Trump Administration repealed the Clean Water Rule of 2015, which protected drinking water for 117 million Americans. They also finalized The Navigable Waters Protections Rule this past April. The vague policy undermines the CWA, cutting protections for national waters. Environmentalists along with some states are ready to sue, on grounds that the new policy is dangerously weak.

The good news? If and when litigation battles commence over the intention of The Clean Water Act, courts will be able to refer to County of Maui v. Hawaii Wildlife Fund 2020. This ruling offers communities reprieve that industries will be held legally responsible if they are negligent in dumping pollutants into navigable bodies of water.

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Resistance Resources

  • Blue Coast . (2020). Retrieved from bluecoast.org: http://www.bluecoast.org/kanaloa.html
  • EarthJustice . (2020). Retrieved from earthjustice.org: https://earthjustice.org/blog/2019-october/what-the-trump-administration-is-doing-to-your-water
  • Hawaii Wild Life Fund. (2020). Retrieved from wildhawaaii.org: https://www.wildhawaii.org/
  • Surf RIder Foundation . (2020). Retrieved from surfrider.org : https://www.surfrider.org/initiatives/clean-water
  • West Maui Preservation Association . (2020). Retrieved from .savewestmaui.com: https://www.staradvertiser.com/2020/04/23/breaking-news/in-maui-sewage-case-u-s-supreme-court-sees-broad-reach-of-clean-water-act/
Netanyahu ‘Confident’ Trump will give green-light for Annexation

Netanyahu ‘Confident’ Trump will give green-light for Annexation

Speaking to an Evangelical pro-Israel group, Netanyahu assured the audience that Israel’s annexation of the West Bank will likely be supported by the Trump administration. Secretary of state Mike Pompeo has stated that the decision to annex is up to Israel and the US will relay its thoughts privately.

The Palestinians have expressed extreme disapproval over any measures to further diminish the geography of a long-promised Palestinian state. However, with annexation, any hopes for a two-state solution are effectively thrown out the window rendering it geographically unfeasible. The extension of Israeli sovereignty will slice through the West Bank engulfing and fragmenting Palestinian territory, reminiscent of the South African Bantustans.

The emergence of a turbulent political climate in Israel after a series of three inconclusive elections led to a deal to form a unity government between the right-wing Likud, and the center Blue and White parties. One of the stipulations in that deal is for either party to possess veto power over any legislation proposed by the other with one exception: Netanyahu’s plans for annexation will remain unchallenged as long as it receives support from Washington.

The US holds the authority to stop this plan in its tracks. However, the Palestinians are not holding their breaths for an American intervention, a notion that was underscored by Trump’s unveiling of a so-called ‘Middle Past peace plan’ earlier this year.  Netanyahu stated “Three months ago, the Trump peace plan recognized Israel’s rights in all of Judea and Samaria,” referring to the West Bank by its biblical name. “A couple of months from now, I’m confident that that pledge will be honored,” he added. The Trump administration yet again proved to the Palestinians—and to the rest of the world—that the US is no longer an honest broker for peace.

Israel’s occupied territories in the West Bank remain illegal under numerous international laws and have been subjected to UN resolutions urging the state’s withdrawal.

The plan to annex received overwhelming condemnation from the international community. Joseph Borrell, foreign policy chief for the European Union said that a potential annexation “would constitute a serious violation of international law.” The Middle East peace envoy for the United Nations Nikolay Mladenov dubbed the move as crippling the prospects of a future two-state solution and will “close the door to a renewal of negotiations and threaten efforts to advance regional peace.” Nonetheless, Trump’s salient relationship with Netanyahu guarantees a green light for even categorical violations of international law.

Analysis:

To be candid, the Trump presidency is a political windfall for the nationalist Israeli Prime Minister. Netanyahu sees the Trump administration as a window of opportunity to push controversial policies with an American stick, an opportunity that is not fully guaranteed come November. In the midst of Israeli elections, Netanyahu is hoping that voters keep an Israeli expansion in their minds while heading to the polls. To compound his motivations further, Netanyahu is facing criminal charges of corruption, fraud, and breach of trust and is betting on the fact that staying in office and maintaining a fruitful relationship with the US President will mitigate his legal fate.

Donald Trump has election concerns of his own. With an already unshakeable Evangelical voter base, a dogmatic approval of Israeli wishes will further buttress his popularity among the Conservative, pro-Israel voters.

It is in the interest of all Americans to make sure the President does not sanction the illegal activity of any country. The US’s historic position as an honest broker for peace, and for a two-state solution has been completely gutted under the administration of Donald Trump. The US should use its influential position to pressure the Israeli government to comply with international laws rather than to allow itself to be implicated as supporters of an illegal occupation.

Resistance Resources

  • Jewish Voice for Peace (JVP) Is an American activist organization focused on peace through the self-determination and security of both the Palestinians and the Israelis. JVP gathers Jewish-American support in an attempt to spread awareness of the illegal occupation with the goal of having Israel abide by international law.
  • Americans For Peace Now  Has since 1978 been apposed to Israeli expansion and has been keeping track and publishing construction and settlements in the West Bank. been working tirelessly to persuade American leaders and the public to adopt policies that work towards a two-state solution and consistent with American interests.
  • Foundation for Middle East Peace is a center for peace based in Washington D.C. that has been keeping track of Israeli settlements in the west bank and also publishes legislation relating to Israel in the US congress. FMEP urges for complete human rights for the Palestinians.

 

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