JOBS POLICIES, ANALYSIS, AND RESOURCES
Latest Jobs Posts
Government Changes the Rules on Climate Change Data Collection and Reporting
Brief #59—Environmental Policy
By Quixote Vassilakis
New Changes to Health Care Rights Law Threaten Transgender and Nonbinary Communities
Brief #57—Health Policy
By Taylor J Smith
Amazon.com Prioritizes Corporate Profits Over Civil Liberties In Facial Recognition Fight
Brief #86—Civil Rights
By Rod Maggay
12 Dead in Virginia Beach Shooting
Brief #19—Gun Control
By Sarah Barton
Trump Declines to Join Global Effort to Prevent the Use of Social Media to Promote Violence
Brief #63—Foreign Policy
By Colin Shanleyt
More than U.S. China Relations are Threatened as the Trade War Continues
Brief #34—Economics
By Samuel C. O’Brient
Trump Administration Proposes New Faith-Based Protections for Health-care Providers
Brief #56—Healthcare
By Taylor J Smith
Democracy at risk
By Joseph E. Stiglitz, Originally published in the Boston Globe For those of my generation — born before or during the World War against fascism and who’ve seen the victory of the West over Soviet totalitarianism — the idea that democracy would once again be at risk...
Trump & Kushner Propose Merit Based Visas
Brief #71—Immmigration
By Kathryn Baron
Supreme Court Protects Cell Phone Privacy Rights
Brief #46—Civil Rights
Policy Summary
On June 22, 2018, the U.S. Supreme Court handed down its decision in the Carpenter v. U.S. case. The question before the Court was whether the warrantless search and seizure of cell phone records, including location and movements of the cell phone user, violates the Fourth Amendment. In order to physically place Timothy Carpenter and his accomplices near the location of a number of robberies in the Michigan and Ohio area, law enforcement personnel acquired his cell phone records from his cell phone provider company. His cell phone helped to determine his location and proximity to the robberies because his phone sent digital data to cell phone towers that were in the vicinity of the robberies. Law enforcement did not request or execute a search warrant but simply asked the cell phone provider company to hand over the info of Mr. Carpenter’s cell phone records. This information was critical in helping to convict him. The U.S. Court of Appeal for the Sixth Circuit ruled in favor of the government in Mr. Carpenter’s appeal of his conviction. He appealed to the Supreme Court and the Court, in a 5 – 4 decision, reversed the judgment of the Court of Appeals. LEARN MORE, LEARN MORE
Analysis
The decision in the Carpenter case is a landmark decision for the future of digital and privacy rights in the United States. Chief Justice John Roberts’ opinion examined two distinct legal concepts and was able to resolve the potential conflict that did not automatically favor law enforcement interests over individual interests. Chief Justice Roberts went on to explain that traditionally a person moving about in public does not have a reasonable expectation of privacy in those movements and can be tracked and monitored by law enforcement without a warrant. But technology and cell phones has now enabled law enforcement to not merely monitor a person’s movements but to go back in time and collect a complete history of a person’s movements going back months and even years. If no warrant was required to acquire this digital information, then it seemed that law enforcement would rarely, if ever, ask for a search warrant because they could claim they are merely monitoring a person’s movements in public.
Chief Justice Roberts then analyzed the “third – party doctrine” a legal concept that states “a person has no expectation of privacy in information he voluntarily hands over to third parties.” A literal reading of this legal rule would appear to side with the government, as they would then be permitted to acquire a person’s cell phone records without the requirement of a warrant. Chief Justice Roberts reasoned that these two lines of legal jurisprudence did not apply to the cell phone records of this case because of the “unique nature” of cell phone records and the massive amounts of personal information people carry on their cell phones, which has become “indispensable to participation in modern society.” He reasoned that people would not expect law enforcement to have the ability to track their public movements over an extended period of time as the technology of cell phones permit. And, he reasoned that a person who carries a cell phone does not voluntarily hand over his cell phone data but shares the info “abstractly” and without an “affirmative act on his part.” This means that if law enforcement wants to acquire cell phone records in a criminal investigation it must comply with the probable cause and warrant requirements of searches and seizures under the Fourth Amendment. Chief Justice Roberts summed it perfectly when he said the state does not have “unrestricted access to a wireless carrier’s database of physical location information.” LEARN MORE, LEARN MORE
Engagement Resources:
- American Civil Liberties Union (ACLU) – non-profit group blog post on the Carpenter decision.
- Electronic Privacy Information Center (EPIC) – non-profit group release on Carpenter decision.
- Electronic Frontier Foundation (EFF) – non-profit group analysis of Carpenter decision.
This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact Rod@USResistnews.org
Photo by: Anthony Garand
The Parkland Students’ Road to Change
Brief #7 — Gun Control
Policy Summary
Four months after the Parkland shooting and three after the March For Our Lives, the students of Marjory Stoneman Douglas High School are continuing their advocacy efforts by launching a summer-long nationwide tour aimed at mobilizing and registering young voters while simultaneously generating and sustaining awareness around gun violence. The tour, known as Road to Change, will include 75 stops, according to CNN, in areas that have been affected by gun violence as well as in culturally pro-gun areas to ‘call out’ candidates who accept donations from the NRA. The tour also stops in every one of Florida’s 27 Congressional districts. The tour endorses no candidates, but instead is meant as a way to excite and involve young voters as the midterm elections approach.
Analysis
As primaries approach and midterms ensue, mobilization and registration of young voters is the pinnacle of importance for candidates looking for support of the younger generation – particularly as it relates to gun control. Historically, midterm election turnout is low, and even lower for young voters, typically disadvantageous to Democratic candidates (many of whom are pro-gun control). The Road to Change tour will continue the conversation of supporting sensible gun legislation while also encouraging young voters to politically engage in upcoming elections.
This tour gives the Parkland students a chance to extend the gun violence conversation through the summer. Although frequently in the past gun control discussions fade quickly after mass shootings, the students of Marjory Stoneman Douglas have been able to continue to breathe life into the conversation long after tragedy. First with March For Our Lives, and now with the national tour, the students are continuing to mobilize and energize the next generation in a way that has previously failed.
By simultaneously calling out pro-gun candidates and touring districts with strong ties to the Second Amendment, the Road to Change tour will aim to keep their electrifying momentum and encourage young voters to show up to the polls in November.
Engagement Resources
- March For Our Lives – an organization started after the Parkland school shooting which aims to unify advocates for gun control around relevant issues. You can also find more information about the Road to Change tour on their website. Consider donating or canvassing during the midterm elections on these issues with this organization.
- Everytown – A movement of Americans working to end gun violence and build safer communities.
This Brief was prepared by U.S. RESIST NEWS Analyst Sarah Barton
Photo by Heather Mount
Gerrymandering and the Supreme Court: A Review of Recent Rulings
Brief #44—Civil Rights
Policy Summary
On September 12, 2017, the United States Supreme Court issued a ruling that temporarily prevented implementation of a federal district court ruling that found state electoral districts in Texas were illegally drawn to suppress minority voters. This ruling comes on the heels of the U.S. Supreme Court’s June 2017 decision to agree to hear a case from Wisconsin, Whitford v. Gill. That case is similar to the case from Texas in that voters are challenging the way a state draws it’s electoral districts because of the way certain groups of voters are favored over other groups of voters in order to give one party (in both states, the Republican Party) an unfair and even unconstitutional advantage over the other political party. LEARN MORE, LEARN MORE, LEARN MORE
Analysis: Gerrymandering is an American political tactic that dates back nearly 200 years. The premise is simple – to draw state electoral districts and congressional districts in such as a way as to ensure that a candidate of a particular political party will have a very good chance of winning. Districts are constitutionally required to be roughly equal in terms of population, and they usually are, but the unusual shapes of certain districts – with elongated arms and hooks that curve around illogically – are often intentionally drawn that way so as to favor Republican or Democratic candidates.
The current problem is that the drawing of electoral districts are being manipulated and not representative of how the electorate is voting in the state. For example, in Wisconsin Republican legislators re-drew the electoral map after they came to power in 2010. When the 2012 election came around Republicans in Wisconsin won 49 percent of all votes cast statewide in congressional elections but ended up winning 63 percent of the congressional seats. In this map of recent trends, the states of Michigan, North Carolina, Pennsylvania and Wisconsin show more Democratic votes than Republican overall but less Democratic congressional seats. Why are states that have more Democratic voters sending less Democrats and more Republicans to Congress? The answer lies in which political party is currently in power and how they choose to draw the electoral maps of their state. The hope is that the Supreme Court will take the Whitford v. Gill case and articulate a framework to determine when “gerrymandering” crosses the line and becomes unconstitutional. Each and every vote should count and should be reflective of what the electorate wants instead of allowing the process to be manipulated by legislative leaders in order to suppress votes from minority communities and keep their party in power. LEARN MORE, LEARN MORE
Update
On January 9, 2017 a federal three – judge panel in North Carolina blocked the implementation of North Carolina’s proposed congressional district map because it was deemed unconstitutional. The court found that the drawing of congressional districts by the North Carolina Legislature were motivated by “invidious partisan intent” and were intended to give the Republicans an advantage in sending congressional candidates to Washington over Democratic candidates. This decision is key because it is the first time a federal court has ruled against partisan gerrymandering. Also, it signals that gerrymandering based on party politics and efforts to suppress votes in order to give Republican candidates an edge will likely no longer be tolerated. With this decision and the Whitford v. Gill case currently before the U.S. Supreme Court, voters may now see the court articulate rules that will prevent states from forcing candidates from a preferred political party on constituents. The hope is that the selection of congressional representatives will be more reflective of the voting trends in the state rather than a product of political party manipulation by state legislatures. LEARN MORE, LEARN MORE, LEARN MORE
Update #2
On June 18, 2018, the United States Supreme Court issued an opinion in the highly anticipated gerrymandering case Gill v. Whitford. In an unexpected 9 – 0 decision, the high court avoided issuing an opinion on the merits of the case and instead rendered a decision that focused on the plaintiff’s “standing” to bring the case. The legal doctrine of standing requires that a plaintiff’s case not be hypothetical and that he/she demonstrate that they “prove concrete and particularized injuries” and that they have “a personal stake in the outcome.” This opinion is disappointing because the court seemed to imply that the trial evidence showing harm to voters in Wisconsin was not sufficient to show that the district maps drawn by the Republicans in power harmed individual voters. The reasoning of the court is suspect considering that this case began when Republicans manipulated the drawing of state district maps to win 60 of 99 Wisconsin State Assembly seats (more than half) despite only winning 46% of the total votes cast statewide.
Fortunately, Justice Elena Kagan wrote a concurring opinion that agreed with the majority opinion’s decision to vacate and remand the case but provided a roadmap to succeed on cases of this kind in the future. Her opinion provided information on how a future plaintiff could satisfy “standing” and proceed with a case on either a vote dilution or a First Amendment Right of Association theory. Throughout the text of the opinions in the case, it is clear that the court recognizes “gerrymandering” as a problem that needs to be reined in despite disagreements on how to do that. Once the issue of “standing” and “sufficient proof of harm” are resolved on remand at trial, with Justice Kagan’s informative concurring opinion on the best legal theory to proceed with, a future Court should finally be able to address and articulate a legal standard that prevents future re-districting abuses, hopefully sooner rather than later. LEARN MORE, LEARN MORE, LEARN MORE
Engagement Resources
- Brennan Center for Justice – non – profit group’s article on North Carolina case.
- Campaign Legal Center – non – profit web page on redistricting cases.
- Common Cause – non – profit group’s information page on redistricting reform campaigns nationwide.
This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact Rod@USResistnews.org
Photo by Claire Anderson
Trump Forced to End Family Separation at United States/Mexico Border
Brief #45—Immigration
Policy Summary
On June 20, 2018, the people were heard (haza!) and President Trump signed an executive order (“EO”) temporarily ending the immigration procedure of separating children from their parents. Section 1 of the EO states that the Trump Administration’s policy is “to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources.” Section 3, titled Temporary Detention Policy for Families Entering this Country Illegally, states that during the pendency of status determinations, “The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families . . . .” Wonderful, children will not be separated from their parents upon apprehension. Not wonderful, they are just moving from cages to criminal custody.
Since 1997, a bedrock legal limit set by the U.S. District Court for the Central District of California in Flores v. Session, is that children (those under 18 years of age) are not permitted to be criminally detained for more than twenty (20) days. Hence the EO section’s title of “Temporary Detention Policy . . .” According to Flores, children must be separated from their parents on the 21st day and sent back in DHHS custody – which is the root of our current need for change. But, President Trump anticipated this criticism, and included subsection (e) to the Temporary Detention Policy.
In this section 3(e), Trump orders Attorney General Jeff Sessions to “promptly file a request with the [Flores court] in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.” Children will thus follow their parents in the detention process. If granted, does this mean that the sponsorship system will no longer apply because the children are no longer in DHHS custody? Are children being sent to jail with their parents? Are children being criminally prosecuted as adults? How are we supposed to analyze quickly enough to produce solutions protecting their human rights?
Analysis
A wise scholar (and doctor) once said that when dealing with the federal government, “strive to give six and take four.” Adopting her wisdom, we can consider Trump’s June 20th executive order in the “four” column. Positive light must shine on the recent humanitarian success before diving into the darkness. The voice of Americans around the country effectively ended the procedure of separating children from their parents! We are Trump’s kryptonite; democracy at its finest.
Now, the policy ended because President Trump issued an executive order. An EO is essentially an order from a boss to its employees. It provides direction to civil servants under the Executive Branch. Senate Democrat Leader Chuck Schumer of New York preferred an executive order over legislation due to its efficiency and quick implementation measures.
In line with Schumer, President Trump expressly refused to sign any Senate or House bill considering a termination of the separation policy. For weeks Trump stated that he was forced to separate families due to laws enacted by Democrats. If that was so, how are the people supposed to rationalize the fact that today Trump signed an executive order ending the policy he previously said he was forced to enforce? Again, it is crucial to identify intent to prepare for what follows – and we know it is generally not pleasant.
Enacting legislation is an act of Congress, the Legislative Branch. Brilliantly, our Legislative Branch’s power is separate from the Executive Branch, which is where Trump and immigration policy call home. (Immigrant courts are part of the Justice Department and also considered part of the Executive branch.)However, the power of media informed the world of the vile inhumanity implemented on families and children due to the Trump Administration.
Trump knew something needed to happen, and to Trump, an executive order is superior to legislation because it is within his executive power. Although he may not have known that “Nambia” is not a country, we can strongly assume Trump is aware of where and how he can use his executive authority. Now, the current immigration policy via the EO was created by the President, which can thus be changed by the President, or terminated by the President. Allowing Congress to enact immigration legislation takes power away from the Executive. Trump wants to consolidate power, not separate it.
Remember what the President said about murderous dictator Kim Jung Un: “He Speaks and his people sit up in attention. I want my people to do the same.” Trump is greatly mistaken. We are not “his people,” he is “our president.” He works for us. And the people will rise, but they will be ordering Trump’s attention.
Resistance Resources
- American Civil Liberties Union (ACLU) – Non-profit with a mission to defend and preserve the individual rights and liberties guaranteed to every person.
- Kids In Need of Defense: Provide legal representation to children in the immigration process.
- FamiliesBelongTogether – A Grassroots organization demanding an end to the harmful family separation policies.
This Brief was developed by U.S. RESIST NEWS Analyst J.R. Phillip: Contact Justin@usresistnews.org
Photo By: Daniel Apodaca
Trump Backpedals on Coal
Brief #33—Environment
Summary
On May 29th, the Trump Administration circulated a confidential document, which was then leaked by an outside source, proposing that the American government intervene within American energy markets. As a result, the program has prompted Donald Trump to order Energy Secretary Rick Perry to “prepare immediate steps” to halt the closures of unprofitable coal and nuclear plants throughout the United States. The recent bail out prioritizes the interests of corporate, big coal and nuclear plants, while also temporarily securing the jobs of workers in the industry. Prominent financial analysts have consistently reported that coal mines are neither economical nor efficient and estimate that the coal bailout will benefit corporations far more than energy consumers, who are likely to see their electric bills surge as a result. Yet, the lobbying by corporations such as FirstEnergy Corp. and Murray Energy Co. have suggested that it is in “the public interest” to keep these plants open.
Analysis:
One of Trump’s major campaign promises was to help the coal industry, and in effect its workers. This pledge, along with Trump’s allegiance to certain corporations, also gives rise to the coal bailout that many environmentalists have been swift to condemn. The decision, which is said to be in the name of those working in the coal industry is at odds with the government’s failure to properly fund health coverage for coal miners afflicted with black lung disease. The Black Lung Disability Trust Fund, which was founded by the government in 1982 and currently helps 15,000 miners with their medical bills and living expenses, is nearly $4 billion dollars in debt and its budget is expected to be cut 55% more by the end of this year. More still, the decision made by the Republican president to aid failing coal plants does contradict the advocacy efforts of several other Republican leaders, who favor solar energy due to cost-efficiency, primarily. Failing coal plants like Xcel Energy in Colorado, recently revealed a plan to replace two retiring coal plans with clean energy, giving rise to the growing national effort to support green energy.
Emissions from greenhouse gases such as coal, are said to be responsible for climate change, and the environmental ramifications of the industry are continuing to spark uproar worldwide. The existence of a Chinese coal plant located on a UNESCO-protected island in Kenya recently incited major protests in the capital and is thought to be the “first anti-coal demonstration in Nairobi”. These sentiments have also reverberated across the world to the United States, where thousands of members of the Poor People’s Campaign have been arrested over the last 40 days for their activism in state capitols, arguing that the effects of climate change disproportionately affect the poor. And while the coal battle appears uphill, many reports suggest that the effort to save coal plants is ultimately futile, due to their untenability in the face of sustainable green energy.
Engagement Resources:
- Beyond Coal – is a product of the Environmental advocacy group, The Sierra Club, which organizes action events and petitions, while also publicizing information regarding pollution due to coal
- Poor People’s Campaign – an advocacy group created during the Civil Rights Movement, promoting the fighting of “poverty not the poor”
This brief was compiled by Zoe Stricker. If you have comments or want to add the name of your organization to this brief, please contact zoe@USResistnews.org.
Domestic Abuse and Gang Violence No Longer Grounds For Asylum
Brief #44—Immigration
Policy Summary
On June 11, 2018, the Trump administration flexed its executive muscles adding another brick to its wall of immigration policy. Attorney General Jeff Sessions stated that individuals escaping domestic abuse and/or gang violence alone will no longer qualify for asylum in the United States. That includes individuals seeking United States protection from systemic murder, rape, slavery, and human rights violations. According to Sessions, the home country’s government must, in addition to being unable or unwilling to help, have condoned the private actions or demonstrated an inability to protect the claimant. As discussed later, these are murky waters perfect for manipulation by bottom feeders like the Trump Administration.
Analysis:
Under U.S. immigration law, asylum is granted to someone at the U.S. border or within the U.S. who meets the definition of a refugee. “Refugee” is defined by the Refugee Act of 1980 and the U.N. 1967 Protocol. Like many important laws, it is vague; and, in the U.S. it is at the interpretation of the Executive Branch. Immigration courts are under the control of the Justice Department. The Justice Department is under the control of the Executive Branch, which is under the control of the President . . . and that is President Trump. So it goes.
Absent the moral dilemmas at play, there are two matters that draw particular attention: action and theory. First, Sessions took action by overruling a 2014 Board of Immigration Appeals decision, threatening the same for future rulings, that provided refugee status to Central American women whom, with caveats, were unable to escape their abusive partners. Considering the epidemic of domestic violence in Central America (evidently acknowledged by previous immigration judges), it does not make sense how the United States is playing its humanitarian, global role in providing sufficient care to those in need. The United Nations has openly shared that many Trump immigration policies are in clear violation of international law.
Secondly, can you imagine a circumstance where the Trump administration would conclude that a country demonstrated an inability to protect a claimant from domestic abuse or gang violence? If a country has a law that states, “domestic violence is prohibited” would that be sufficient? It’s legal protection, right? The line can be drawn at the whim of Attorney General Sessions, as seen by his overruling of the 2014 decision. The intent here seems to completely lack any consideration (and obviously compassion) for the human rights of those sharing our international society. Inhumane purity creates pure inhumanity.
Trump was right. Yet, like everything nowadays, we can diagnose it as vague correctness. President Trump campaigned that he would build a wall and those south of the border would pay. He is building a wall, albeit through immigration policy. And, the Latin Americans are in fact paying, but with basic human rights instead of currency – what else can “animals”[1] exchange?
Resistance Resources
- Battered Women’s JUSTICE Project: Non-profit organization providing assistance to immigrant victims of domestic violence.
- Americans for Immigrant Justice: Non-profit legal assistance organization dedicated to protecting and promoting the basic human rights of immigrants of all nationalities.
- American Civil Liberties Union (ACLU) – Non-profit with a mission to defend and preserve the individual rights and liberties guaranteed to every person.
This Brief was developed by U.S. RESIST NEWS Analyst J.R. Phillip: Contact Justin@usresistnews.org
[1] Quoting President Trump’s reference to some illegal immigrants at May 16, 2018 roundtable discussion in California.
Photo by: Nitish Meena
Renewed Republican Effort to Crush Obamacare
Policy Summary
In the last month, the Trump administration has introduced new attacks on the Affordable Care Act’s (ACA/ Obamacare) most popular provisions. Last year, the inability of Republicans to repeal or replace or even amend part of the ACA compromised a majority of their failures as a party. However, 2018 has proven to show their willingness to destroy healthcare survives like a cockroach that just can’t be stamped out. The administration is seeking to dismantle both the Supreme Court case that upheld individual mandates and is challenging providers granting health insurance for people without regard to preexisting conditions. In order to do this, the administration and the Justice Department is encouraging a federal court in Texas to look at the legality of principles in the individual mandate to buy health insurance. Additionally, congressional republicans have effectively given up on the promised overhaul of medicare, which puts the party in a difficult spot before the November midterms. LEARN MORE
Analysis:
As healthcare becomes a primary topic for discussion in the 2018 midterm elections, the latest administration attack on the ACA and continued inaction on medicare reform threatens the improvement of the healthcare system. A major part of the Republican legislative action has been to dismantle the current U.S. healthcare system. This further action against the ACA takes the fight a step further and would threaten several other states’ current systems relying on the individual mandate. One estimate is that it would cost other states half of a trillion dollars in healthcare costs to absorb the impact of losing the funds from the individual mandates. Even more terrifying, this could mean that sick people could be denied healthcare, which would exclude a key demographic of the healthcare market. The partisanship shown from the Justice Department additionally threatens the integrity of the department’s investigations on important issues. Additionally, Trump has encouraged none of this action take place before the November midterms, so there will need to be more harsh scrutiny over the continued attacks on the ACA policy. Ideally, people will still have access to affordable care act until November, but come 2019, who knows what will be dismantled? Will a single payer system still exist for those most needing it? Will medicare be sorely underfunded for a second year in a row? The Trump administration should answer these questions before the November midterms, but they likely will not discuss such a tenuous topic in order to try to maintain control of the bicameral legislature. LEARN MORE
Resistance Resources:
- Join a Protest – Look for these types of protests in your area and make a statement/ support those like this man who quit his position in protest of the DOJ stopping support for key ACA provisions.
- As always contact your state and local representatives.
This brief was compiled by Sophia Adams. If you have comments or want to add the name of your organization to this brief, please contact sophia@USResistnews.org.
Photo by rawpixel
Keeping Families Apart: The Green Carnation of Trump’s Immigration Policies
Brief #43—Immigration
Summary
On May 8, 2018, in accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) published their notice of Modified System of Records. The System, currently titled “Department of Homeland Security/U.S. Immigration and Customs Enforcement—007 Alien Criminal Response Information Management (ACRIMe),” permits the DHS to receive and respond to immigration status inquiries made by federal, state, and local law enforcement agencies. If implemented, ACRIMe will change to “Criminal History and Immigration Verification (CHIVe).” A difference in acronym is not all the DHS’S notice proposes to modify. Of prominence is that CHIVe will now add as a category of individuals covered by the System of Records, individuals seeking approval from the Department of Health and Human Services (DHHS) to sponsor unaccompanied minors awaiting status determinations. Public comments were due to DHS on June 7, 2018.
Policy Analysis
CHIVe stinks of a Trump administration attempt to form and control the narrative. In light of the criticized, extremely aggressive, and inhumane Zero Tolerance Policy (see USN Immigration Brief # 42 dated June 9, 2018), the administration is strongly guided to put forth some policy—any policy—to belt and suspenders the position that the United States is actively protecting the human rights of unaccompanied minors whom are forcibly ripped away from their parents and placed into the custody of DHHS. With roughly 1,500 unaccompanied minors lost in the DHHS sponsorship system in 2017, and a dramatic increase due to enforcement of the Zero Tolerance Policy, the administration is between a rock and hard place under the eyes of human rights watchdogs and the United Nations.
Why is this bad? Considering the (i) exorbitant amount of unaccompanied minors whom will now enter the sponsorship system, and (ii) thousands of unaccompanied minors whom are already unaccounted for, it seems reasonable and pro-social to enhance the System of Records on potential sponsors. The new policy is framed as a counterforce to any negative externalities caused to children by the Zero Tolerance Policy.
The Trump administration claims that with CHIVe, the government can take better care to protect unaccompanied minors from trafficking and smuggling. CHIVe is not bad in theory. But, theory and reality do not always purely align. In our non-xenophobic reality, CHIVe is catastrophic—the result counteracts protection of the rights and well-being of unaccompanied minors.
In fact, CHIVe dwindles the opportunity for sponsorship with parents/relatives as the data shows that many are undocumented, illegal aliens as well. When unaccompanied minors are apprehended by the federal government for illegally entering the United States, they cannot be criminally detained and are thus sent to the custody of the DHHS Office of Refugee Resettlement to be placed in sponsorship program. The hierarchy of sponsorship placement is parents, relatives, juvenile detention centers, and then foster care. With CHIVe, family members may no longer come forward to apply for sponsorship in fear of deportation or federal attention/abuse. Instead of being in the care of family, unaccompanied minors now face greater risk of placement into a defunct foster care system.
The Zero Tolerance Policy’s original intent was to threaten separation of families to deter people from crossing the border between port entries. Trump, claiming to be acting in the best interest of children through his, in reality, deplorable use of executive power, has implemented policies that when practiced cause and enhance long-term psychological trauma suffered by the children.
When analyzing public policies, identifying the underlying intent assists in the rationalization process. So, is it not irrational to entertain the possibility that DHS is baiting illegal immigrants with unaccompanied minors? One stroke of the executive pen determines the future for thousands of children. This is not a meaningless pledge to quiet the media or save face — THIS IS REAL. And, the world has witnessed that premature and arguably inhumane immigration procedures are worn by the Trump administration with as much pride as a green carnation on Oscar Wilde’s left lapel.
Resistance Resources:
- American Civil Liberties Union (ACLU) – Non-profit with a mission to defend and preserve the individual rights and liberties guaranteed to every person.
- Federal Register: The Daily Journal of the U.S. Government – Online medium where DHS published notice and accepts public comments on CHIVe.
- FamiliesBelongTogether – A Grassroots organization demanding an end to the harmful family separation policies.
This Brief was developed by U.S. RESIST NEWS Analyst J.R. Phillip: Contact Justin@usresistnews.org
Photo by Andrew Schultz
What Happened at the US North Korea Summit
What Happened at the US North Korea Summit
Brief #43—Foreign Policy
Summary
On Tuesday June 15, President Trump and Chairman Kim Jong Un broke a history of isolation by being the first leaders of their respective countries to ever meet in person. A longtime goal of Kim’s predecessors, few imagined this event taking place, especially considering Trump’s frequent use of his Twitter account to call for the destruction of North Korea throughout his presidency. Nevertheless, Trump actually managed to surprise some allies with the concessions he provided to the North Korean dictator.
The Summit, held in Singapore, consisted of a one-on-one meeting with interpreters, followed by a larger meeting and working lunch with aides, and produced a signed joint statement declaring a set of vague goals for the two sides. North Korea would advance towards denuclearization of the Korean peninsula in return for assurances of security from the United States. Trump, without the apparent knowledge of US military officials or the South Korean government, announced the halting of “very provocative” war games, which are held annually on the Korean border in cooperation with South Korean troops.
North Korea, had announced the suspension of Nuclear testing and destroyed a testing site in Punggye-ri in the lead up to the summit. Trump has said that sanctions would remain in place, but that he expected Kim to move “very quickly” on the dismantling of his nuclear arsenal. He also claimed that after the statement was signed, he managed to convince Kim Jong Un to destroy an additional missile-engine testing site. “Follow-on negotiations” between Pompeo and a North Korean official have been announced for the earliest possible date, in the interest of implementing the outcomes of the joint statement. While South Korean military officials expressed confusion at the sudden cancellation of military exercises, President Moon Jae-in called the Summit “a historic event that has helped break down the last remaining Cold War legacy on earth”. Chairman Kim announced that “We’ve decided to leave the past behind… The world will see major changes”. Trump has stated that he is “absolutely” willing to invite Kim to the White House.
Of course, even in the face of a historic diplomatic event, Trump couldn’t contain who he really is: an elderly man solely experienced in pageantry. “I said, ‘Boy, look at that view”, Trump told reporters referring to a photo of the North Korean capital of Pyongyang , “Wouldn’t that make a great condo?”. He also presented Kim with a strange video, falsely attributed to “Destiny Pictures”, consisting of shots of Sylvester Stallone, bumper cars, and nuclear warfare.
Policy Analysis
Much of the controversy surrounding the Summit had been due to the vagueness of the assurances provided by North Korea. Denuclearization has been a stated goal of the North Korean government before, with little to show for it. Trump didn’t offer any evidence of concrete guidelines for how denuclearization will be monitored. International inspectors will have a hard time finding evidence of rule-breaking activity when any North Korean who speaks with them can be whisked off to prison. Trump also did not ask for the advancement of human rights within the country as a precondition for the lifting of sanctions.
However, much of the reaction to the Summit has bypassed this critical assessment of the progress made, and wandered into pro-war hysterics. Pundits on traditionally liberal outlets have expressed disgust at minor ornamental insults, such as the American flag being held beside the North Korean flag, or even Trump simply meeting Kim Jong-un as an equal. Some also suggested that the entire concept of demilitarization in the region is simply a handout to Russia. This response recalls Fox news’ reaction to Obama’s diplomatic behavior during his administration, and appears in bad faith when similar abusers of human rights such as Mohammad bin Salman Saudi Arabia are fawned over without critique by the American media and government.
These pundits, along with the American government, have relied on force alone to deal with the issue of North Korea since its inception, and have failed miserably thus far. 81% of South Koreans, the most ignored demographic in these discussions, supported the Summit beforehand. That’s because the people of Korea, on both sides of the border, are tired of this tension. There is no desire by the North Korean government to wage a war of conquest across Asia, or somehow extend themselves into a war with the largest military in the world. What they want is security, to hold onto power for as long as possible. For now it is acceptable that the assurances we have gained from them are vague, because the ball is in our court. Since the Korean War, during which we destroyed essentially every town in the country, the people of North Korea have known nothing but brutality from the United States. It is no wonder the people are afraid to revolt against what they believe is the only bulwark against an empire of terror. It shouldn’t be any more surprising that the North Korean government sees its only salvation to be the development of the one weapon we cannot ignore. If we provide a sense of safety for the North Korean regime, they will have no need for their expensive defenses. If we return to aggression, as the unholy alliance of John Bolton and MSNBC seem to want, we will only be ignoring the people of Korea in return for a proven strategy of failure.
Engagement Resources
- Read the Joint Statement: Here is the joint statement produced by the summit, which outlines the goals of each side.
- Learn More About the Korean Peace Movement Through Women Cross DMZ: Women Cross DMZ is a coalition of activists from around the world, including both North and South Korea, who are calling for a peaceful solution to the Korean conflict. They are organizing a protest on the DMZ later this month in partnership with the Nobel Women’s Initiative. You can learn more on their website.
This Brief was compiled by Colin Shanley. If you have comments or want to add the name of your organization to this Brief please contact Colin@usresistnews.org.
EPA Set to Rollback Automotive Standards
Brief #32—Environmental Policy
Update June 5, 2018
On Thursday, May 31, the EPA formally submitted its proposal to repeal the climate change rules that would require auto makers to double fuel efficiency to an average of 50 miles per gallon by model year 2025. Co-authored by the EPA and the Department of Transportation (DoT), the proposal contains eight options for the revision, with the preferred option being a freeze of fuel economy standards at the 2020 level for cars, S.U.V.s and lighter trucks. Once the proposed rule is published in the Federal Registrar, it will be open for public comment before coming into effect. The DoT also reversed a requirement for states to track the amount of Carbon Emissions, effective at the end of June. This has set up a legal battle between the EPA and thirteen states, with a lawsuit filed by California and twelve others. These thirteen states have sued saying that are allowed to enforce the stricter Obama era rules, despite Federal changes. With 30-40% of the market, this could result in two separate auto markets, and the dual guidelines would create an even larger regulatory burden for automakers than the Obama-era standards. Some EPA officials say that the revision will not allow states to require stricter fuel standards than the Federal mandate, but that it does not intend to completely reject the states’ rights to enforce different standards via waivers. However, the Trump Administration has vocally supported undoing state standards and vowed to “take California out of the driver’s seat.”
- Watch for EPA Press Release regarding Public Comment Period
- Natural Resource Defense Council is an organization that uses data and activism to defend the earth and its resources from special interest in order to preserve it for public interest. [Recent article: “Clean Car and Fuel Economy Standards: What’s Next?”]
- Union of Concerned Scientists is an organization that monitors data and political decisions in order to make sustainable choices and mobilize others to do the same.
Policy Summary
Earlier this month Pruitt announced another step in Trump’s “regulatory agenda” with the plan to lessen automotive regulations on emissions and fuel economy. The Corporate Average Fuel Economy (CAFE) standards were revised in 2010 to require a minimum fuel efficiency of 54.5 miles to the gallon (double the current typical average) by model year 2025. Pruitt has promised these regulations will be replaced by a new set developed in conjunction with the National Highway Traffic Safety Administration. These new regulations have not yet been developed. Pruitt has also noted that California specifically has unreasonable standards. Various CA politicians immediately responded that they would hold their state to higher standards and have recently taken legal action along with 17 other states. [Correction 6/5/2018: While 18 states urged Trump to rethink his position on fuel standards, only 13 states are officially a part of the lawsuit.]
Analysis
While the Obama Era regulations have not yet been replaced, there is the expectation that the new set of rules will drastically decrease the existing requirements. The EPA has made it clear that it views the Obama Era rules as a regulatory burden and that dispensing with the rules will allow automotive companies to produce more affordable vehicles. Before this announcement was made on April 2, 2018, the Department of Transportation announced that it would not enforce the associate fines for failing to meet the CAFE standards, unofficially nullifying the regulations. Many environmental agencies are concerned about the implications of the rollback as it pertains to global warming. In the opinion of many scientists, fuel efficiency and emissions requirements are the best way to tackle climate change. Decreased pollution and decreased oil usage on a national scale would be significant. However, Pruitt has made his loyalties very clear with his rollback announcement location: A car dealership in Northern Virginia. Meetings were held in the Oval Office with major automakers within weeks of Trump’s Inauguration about these impending rules, and the Auto Alliance stated in a regulatory filing in February that climate science cannot be fully trusted.
Engagement Resources
- Read more about the lawsuit filed by California, et.al. against the EPA
- Check out the NYT Graphics about Emissions
- Read more about the Evaluation of the Obama Era rules by the EPA
This brief was compiled by Megan Toney. If you have comments or want to add the name of your organization to this brief, please contact megan@usresistnews.org.
Photo by Jesse Collins
