“During his early days in office, Biden seemed on track to dismantle the Trump administration’s most restrictive immigration policies. He ended the travel ban on people from mostly Muslim-majority countries, halted most new border wall construction, and reversed the “zero-tolerance policy” that enabled family separations and the “Remain in Mexico” program that kept asylum seekers waiting in Mexico for court hearings in the US. He also released an expansive reform proposal with a path to citizenship for the more than 10 million undocumented immigrants living in the US as its centerpiece.
Then, within weeks of his inauguration, record numbers of unaccompanied migrant children began arriving from Central America, and Biden’s border policies came under scrutiny from both the left and the right.
Suddenly on the defensive, the administration’s posture shifted. It reopened temporary, jail-like facilities — the same “cages” that drew condemnation in 2019 under Trump — to house migrant children. On a June trip to Guatemala, in what would become a common refrain for US officials, Vice President Kamala Harris told migrants, “Don’t come.””
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“Biden’s primary tool to manage the border has been a controversial policy that one ex-Trump official, referring to the architect of the former president’s restrictive immigration policy, called a “Stephen Miller special.”
In March 2020, at the outset of the pandemic, Trump used a special legal authority called Title 42, a section of the Public Health Service Act that allows the US government to temporarily block noncitizens from entering the US in the interest of public health. Though Centers for Disease Control and Prevention (CDC) scientists initially opposed the policy, arguing that there was no legitimate public health rationale behind it, then-Vice President Mike Pence ordered them to implement it anyway.
Under both Trump and Biden, the policy has allowed US immigration officials at the southern border to rapidly expel migrants more than 1.1 million times, without a hearing before an immigration judge. (The exact number of people expelled is unknown because many have been caught trying to cross the border multiple times.)
Even when a federal judge recently blocked the policy from being used to expel families, the Biden administration chose to appeal the ruling, and has continued (with court permission) to enforce the policy while litigation continues.
Biden has carved out some exemptions. Unaccompanied children and people subject to the “Remain in Mexico” policy under Trump are allowed to enter the US while their cases are adjudicated. The Mexican government has also refused to take back some Haitian and Central American families, who have been allowed to enter. But everyone else, including people facing real persecution and danger in their home countries or in Mexico, can be expelled.”
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“Haiti has been in a state of upheaval since at least July, when Haitian President Jovenel Moïse was assassinated and, amid the power vacuum, gang violence sharply escalated. When a magnitude 7.2 earthquake and tropical depression devastated Haiti in August, the country’s political crisis was compounded by a humanitarian one.
About 30,000 Haitian migrants arrived in Del Rio, Texas, last month, setting up a temporary encampment under the international bridge that connects the US and Mexico. There has also been a dramatic increase in Haitians attempting to cross the Caribbean by boat to reach the US. More than 1,500 such migrants were intercepted by the US Coast Guard over the last year, up from about 400 in the previous year.
Many of the Haitians seeking refuge in the US lived in Latin America for years after fleeing earlier crises in Haiti, including an even bigger 2010 earthquake. But the Covid-19 recession, racial discrimination in Latin America, the realization that going home was no longer an option, and the perception that the US would offer them humanitarian protection all played a role in their decision to move north.
At first, the Biden administration did offer protection. Mayorkas decided to extend Temporary Protected Status — typically used to enable citizens of countries that have experienced violent conflict or natural disasters to live and work in the US — for Haitians who arrived in the US prior to July 29. This offer was designed to cover those who fled the country in the aftermath of the political crisis stemming from Moïse’s killing.
At the time, Mayorkas said “serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic” had made it dangerous for Haitians to return home.
But the administration maintained a strict stance toward those arriving by boat. Mayorkas said in July that any migrants intercepted off US shores will be turned back or, if they express fear of returning home, repatriated to a third country.”
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“Most of the Haitians who were staying in the camp have since been expelled. The US has sent 7,000 back to Haiti since September 19 through the Title 42 policy, despite continued turmoil on the ground. Others voluntarily returned to Mexico to avoid being sent back to Haiti or were allowed to enter the US, at least temporarily.
It’s not clear how US authorities determined which Haitians were to be expelled and which permitted to stay. Some 12,000 Haitians are currently facing deportation proceedings in which they will be able to make their case before an immigration judge for why they should be allowed to remain in the US, via asylum or other humanitarian avenues.”
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“Biden has sought to provide legal status to at least some portion of America’s more than 10 million undocumented immigrants.
He backed Democrats’ latest but so far unsuccessful attempt to include a pathway to citizenship for certain categories of immigrants — including DREAMers who came to the US as children, TPS recipients, farmworkers, and essential workers — in a budget reconciliation bill. His administration also recently published a proposed regulation seeking to codify protections for DREAMers who have been allowed to live and work in the US under the Deferred Action for Childhood Arrivals program, which is meant to guard against ongoing legal challenges.
Biden has also attempted to expand legal aid resources for immigrants and limit the reach of immigration enforcement inside the US. The administration recently launched an initiative to provide unaccompanied children facing deportation with a government-funded lawyer in eight cities across the US, and has sought to narrow the categories of undocumented immigrants who should be prioritized for arrest, issuing new US ICE guidance meant to focus resources on those who pose public safety threats. And on Tuesday, the administration ended mass worksite raids, which the Trump administration used to arrest hundreds of undocumented immigrants at once.
Such policies, Psaki said during a September 20 briefing, show that Biden remains “absolutely committed” to “putting in place long-overdue measures to fix our immigration system — to make it more moral, humane, and workable.”
But his actions on the border have told a different story: a push to improve the lives of only certain immigrants who are already integrated into American society, while keeping others out of sight and out of mind — even if that means embracing policies designed by the Trump administration.”
“Even by the standards of President Donald Trump, it was an extraordinary Oval Office showdown. On the agenda was Trump’s desire to install a loyalist as acting attorney general to carry out his demands for more aggressive investigations into his unfounded claims of election fraud.
On the other side during that meeting on the evening of Jan. 3 were the top leaders of the Justice Department, who warned Trump that they and other senior officials would resign en masse if he followed through. They received immediate support from another key participant: Pat A. Cipollone, the White House counsel. According to others at the meeting, Cipollone indicated that he and his top deputy, Patrick F. Philbin, would also step down if Trump acted on his plan.
Trump’s proposed plan, Cipollone argued, would be a “murder-suicide pact,” one participant recalled. Only near the end of the nearly three-hour meeting did Trump relent and agree to drop his threat.”
“At the core of former President Donald Trump’s aggressive trade policies was a relatively simple—perhaps overly simplified—promise: Tariffs on Chinese-made products would drive manufacturers out of China.
“Many tariffed companies will be leaving China for Vietnam and other such countries in Asia,” Trump claimed in May 2019, about a year after his tariffs were first imposed. “China wants to make a deal so badly. Thousands of companies are leaving because of the Tariffs,” he tweeted a few months later, suggesting that the outflow was already underway. “If you want certainty, bring your plants back to America,” Robert Lighthizer, Trump’s U.S. trade representative, lightly threatened in a New York Times op-ed in May 2020, as the trade war’s second anniversary arrived.
But the tariffs failed to achieve that primary policy aim, according to a new paper published by researchers at the University of Kansas and the University of California, Irvine. Roughly 11 percent of multinational companies exited China in 2019, the first full year in which tariffs were in place—a significant increase from previous years. But the overall number of multinational firms operating in China actually increased during that same year, as foreign investment continued to flow into China even as the trade war ratcheted up costs.
In fact, the number of U.S.-based multinationals in China actually increased from 16,141 in 2017 to 16,536 in 2019. Non-U.S. companies were more likely to exit China during 2019 despite not being subjected to Trump’s tariffs.
“We estimate that less than 1 percent of the increase in U.S. firm exits during this period was due to U.S. tariffs. And U.S. firms were no more likely to divest than firms from Europe or Asia,” researchers Jiakun Jack Zhang and Samantha Vortherms wrote in The Washington Post this week.”
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“Trump is no longer running U.S. trade policy, but his failed tariffs on Chinese imports are still in force. Lighthizer’s replacement in the Biden administration, U.S. Trade Representative Katherine Tai, has said the tariffs provide “leverage” over China.
But that perspective is no more grounded in reality than Trump’s promises that his tariffs would cause companies to flee China. American consumers are bearing nearly 93 percent of the costs of the tariffs applied to Chinese goods, according to a recent report from Moody’s Investors Service. How is this giving the White House leverage over China?”
“The numbskulls who stormed the Capitol, some of whom are facing modest prison sentences for their role in the clownish putsch, didn’t show up by happenstance. “All of them—all of them were telling us, ‘Trump sent us,'” according to recent testimony at a U.S. House of Representatives hearing by a U.S. Capitol police officer who fought back the insurgents.
Not every participant in the day’s sordid events engaged in violence or vandalism, of course, and whatever punishments the courts mete out should fit the particular crime. But this was no tourist visit gone awry. Not every person who joined in left-wing attacks in Portland committed crimes, either, but I don’t suppose Trump supporters would cut those folks slack.
The Trumpsters’ silliest argument is that Antifa, the fascistic “anti-fascists” who turned portions of U.S. cities into rubble, were behind the Capitol event. Conservatives touted that narrative immediately after January 6. Apparently, that loose-knit movement runs so meticulously that it recruited thousands of volunteers who acted exactly like Trump supporters.
Why believe your own eyes? Sure, a few lefties might have infiltrated the pro-Trump mob. That doesn’t make it an Antifa riot. The Portland scene wasn’t a right-wing event because a few right-wing infiltrators may have joined in the action. I’ve attended many protests and guarantee that they attract all sorts of nut jobs. It’s not hard for anyone to gain admission.
Despite GOP efforts to rewrite history, my eyes confirm the conclusion drawn by conservative writer David Frum: “The January 6 attack was incited by the head of the American government, the man who had sworn to protect and defend that government. It was the thing most feared by the authors of the U.S. Constitution: a betrayal of the highest office by the holder of that office.”
Here’s the problem. It portends dangers for the future if so many conservatives refuse to cop to the obvious truths of that day. If we can’t all agree on basic, obvious facts about an event that unfolded before our eyes, then we’re headed toward a well-trod path of internecine struggles where we just pick a side and fight to the bitter end.”
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“My problem is with the political right’s movement toward, well, authoritarianism, exemplified by its refusal to embrace facts that don’t conform to their alternative reality—and their unwavering support for a man rather than a set of ideas. It’s ironic that the man they’ve chosen to follow seems to embody moral characteristics they’ve long railed against, but go figure.
Even GOP leaders who know better and occasionally speak out against Trump’s disinformation—House Minority Leader Kevin McCarthy (R–Calif.) and Senate Minority Leader Mitch McConnell (R–Ky.)—always end up toeing the party line. They dare not defy Trump or his base voters.”
“The Biden administration is racing to rebuild senior agency roles depleted by the previous president, hiring at the fastest rate in decades, a POLITICO analysis found.
In the first three months of 2021, the Biden administration hired more than twice as many senior government executives than Donald Trump did in the same timeframe, a staffing spree aimed at rebuilding agencies rocked by turmoil during Trump’s war on the so-called “deep state.””
“And, to be sure, the Trump administration did things that not only were well outside established norms but also undermined the CDC and the entire field of public health. For example, on April 3, 2020, while announcing the agency’s recommendation to wear masks, the president repeatedly emphasized that no one had to wear masks and explicitly said that he personally wasn’t going to wear one.
The administration also pushed for edits to the CDC’s Morbidity and Mortality Weekly Reports, long the primary means for communicating scientific data to other researchers and the broader medical community. These edits were political, designed to downplay the growing number of COVID-19 deaths and support decisions the administration had already made about issues like school reopenings. Emails revealed that members of the Trump administration were accusing the CDC of trying to make the administration look bad by releasing data disclosing the dire nature of the pandemic.
Those kinds of actions by a presidential administration were unprecedented. And they contributed to a loss of morale and a sense within the CDC that everyone just needed to keep their heads down and not make waves. But the political issues weren’t just about what the administration did — they were also about what it didn’t do.
By early March 2020, the CDC had all but disappeared from press briefings on the COVID-19 pandemic. No one in the Trump administration ever explicitly said that the agency wouldn’t be speaking to the public. But, quietly, that’s exactly what happened. By May 2020, the Union of Concerned Scientists could graph the disappearance of the CDC. And this was a completely different situation from what had happened in past pandemics, when presidents let the CDC take the lead.
At the same time, the Trump administration did not seem to facilitate communication between the CDC and outside experts — something the scientists I spoke to said had been the norm for past administrations faced with a public health crisis.”
“Almost immediately after President Joe Biden took office, his administration started to roll back his predecessor Donald Trump’s “Remain in Mexico” policy, which required many asylum seekers who arrive at the United States’ southern border to stay in Mexico while they await a hearing on their asylum claim.”
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” however, a Trump-appointed judge to a federal court in Texas effectively ordered the federal government to reinstate this Trump-era policy — which is officially known as the Migrant Protection Protocols (MPP) — permanently. Judge Matthew Kacsmaryk’s opinion in Texas v. Biden makes the implausible argument that a federal immigration law enacted by Congress in 1996 makes the Remain in Mexico policy mandatory, unless the federal government detains every asylum seeker who is not sent back to Mexico.
Trump’s Remain in Mexico policy was not implemented until early 2019. So the upshot of Kacsmaryk’s opinion is that the federal government was in violation of this 1996 statute for half of the Clinton administration, the entire George W. Bush administration, the entire Obama administration, and most of the Trump administration.
In reality, that 1996 federal law is part of a web of statutes and constitutional doctrines giving immigration officials multiple options when an asylum seeker arrives at the US-Mexico border. One provision of federal immigration law provides that most of these asylum seekers “shall be detained” while they await a hearing.”
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“Kacsmaryk’s decision, moreover, is expected to be appealed to the Fifth Circuit Court of Appeals, one of the most conservative courts in the country — and then potentially to a Supreme Court where Republican appointees have a 6-3 supermajority.
So, while Kacsmaryk’s opinion is wrong on the law, there is no guarantee that it will be reversed by a higher court.”
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“Kacsmaryk is one of many Trump appointees to the federal bench who appears to have been chosen largely due to his unusually conservative political views. Prior to becoming a judge, Kacsmaryk was deputy general counsel for the First Liberty Institute, a firm that largely litigates on behalf of causes of the religious right. In his past writings, he labeled being transgender a “mental disorder” and claimed that gay people are “disordered.”
As recently as 2015, Kacsmaryk published an article denouncing a “Sexual Revolution” that “sought public affirmation of the lie that the human person is an autonomous blob of Silly Putty unconstrained by nature or biology, and that marriage, sexuality, gender identity, and even the unborn child must yield to the erotic desires of liberated adults.”
He’s also the third conservative federal judge in Texas to strike down an immigration policy supported by the Biden administration.”
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“The Supreme Court’s decisions are supposed to give federal officials a great deal of discretion to shape immigration policy — and to afford mercy to individual immigrants. As the Court explained in Arizona v. United States (2012) “a principal feature of the removal system is the broad discretion exercised by immigration officials.”
But judges like Kacsmaryk, Tipton, and Hanen appear eager to strip the Biden administration of that discretion. With a 6-3 conservative Supreme Court overseeing the judiciary, these judges may very well get away with it.”
“William Barr began his tenure as Donald Trump’s attorney general with extremely evasive testimony during his confirmation hearing. He may be best remembered for giving a highly misleading summary of the Mueller report, and he spent much of 2020 trying to substantiate Trump’s conspiracy theories about the election being rigged against him.
But now, more than six months following his departure from government, Barr is trying to do some image damage control.
In interviews with journalist Jonathan Karl for a book excerpted in the Atlantic, Barr details how his final break with Trump finally came after he went public with claims undermining Trump’s last-ditch effort to overturn his election loss to Joe Biden.
“To date, we have not seen fraud on a scale that could have effected a different outcome in the election,” Barr told an Associated Press reporter on December 1.
Barr told Karl that comment prompted an angry Trump to summon him into a meeting in which the president unloaded on him, saying things like “how the fuck could you do this to me?” and “you must hate Trump.”
Barr indicates that not only was he not intimidated by Trump’s outburst, but he fired back, comparing the Rudy Giuliani-led effort to overturn the results to a circus.
“You know, you only have five weeks, Mr. President, after an election to make legal challenges,” Barr told Trump, according to Karl. “This would have taken a crackerjack team with a really coherent and disciplined strategy. Instead, you have a clown show. No self-respecting lawyer is going anywhere near it. It’s just a joke. That’s why you are where you are.”
Barr ended up leaving the Department of Justice days before the January 6 insurrection. The new account of the weeks leading up to his resignation has led some to describe him as a “patriot.” But that’s going way too far even when Barr’s account is read in the most charitable light.”
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“Barr spent the run-up to the 2020 election serving more as an arm of Trump’s campaign than he did as an independent arbiter of the rule of law. Barr was happy to amplify Trump’s lies about mail voting and voting fraud up to the point where it was clear to all but the most fanatical Trump supporters that he had lost the election.
Consider, for instance, the disastrous interview Barr did with CNN’s Anderson Cooper on September 2, when he couldn’t produce any evidence of mail voting fraud and resorted to saying its general existence is a “matter of logic.” Or his DOJ’s decision a few weeks later to issue a factually incorrect press release announcing an investigation into alleged mail voting irregularities in Pennsylvania — an announcement that violated DOJ’s policies. Or Barr’s move three days after the election to authorize investigations into “substantial allegations of voting and vote tabulation irregularities,” even though there was no evidence of such irregularities.
In his interviews with Karl, Barr portrayed his decision to authorize fraud investigations despite a lack of evidence as a strategy he used to make sure he would be able to tell Trump that his conspiracy theories were baseless when the time came.”
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“it’s not normal for the DOJ, which is ostensibly supposed to operate with a modicum of independence from the executive branch, to pursue investigations based on “bullshit” conspiracy theories favored by the president. But Barr spent years turning the DOJ into something akin to the president’s personal law firm.”
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“It’s not even clear to what extent — if at all — Barr’s break with Trump was motivated by a desire to protect American democracy. Instead, Karl’s piece makes it seem as though Barr and then-Senate Majority Leader Mitch McConnell were primarily interested in helping Republicans win special elections in January for two US Senate seats.
Karl writes that McConnell had been urging Barr throughout November to speak out against Trump’s election fraud conspiracy theories, because those theories were complicating the argument Republicans wanted to make about how maintaining the Senate majority was important as a check on Biden’s power. But McConnell was reluctant to speak out himself for fear that if he did so, an embittered Trump would sabotage the Republican candidates”
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“while it’s good that Barr ultimately stood up to Trump, it’s worth keeping in mind how abnormal it is for the US attorney general to be scheming with the Senate leader on ways to ensure their political party retains power.”