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Slow News Day
Jul 4, 2007

Ciprian Maricon posted:

It's a bad story I guess and I'm deeply sorry for derailing the breakneck pace of discussion here. It resonated with my experience as an immigrant. Congrats though, you've successfully defended the needlessly cruel immigration apparatus of the United States, maybe you should think carefully about why you're interested in doing that before posting here.

From one immigrant to another, let me just say: this is god drat embarrassing. You got owned, and are now trying to turn the tables on the person who owned you by accusing them of being motivated to defend the cruel policies of the administration.

Maybe the article you posted, and your motivations behind posting it, are reasons why this thread (and those like it) gets such low traffic: it takes much more effort to refute bad faith bullshit from terrible sources than to share it.

https://en.wikipedia.org/wiki/Brandolini%27s_law

quote:

Brandolini's law, also known as the bullshit asymmetry principle, is an internet adage that emphasizes the difficulty of debunking false, facetious, or otherwise misleading information:[1] "The amount of energy needed to refute bullshit is an order of magnitude larger than to produce it."[2][3]

Maybe instead of complaining about how liberals don't want to discuss this topic, do your drat part to improve the quality of discourse?

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theCalamity
Oct 23, 2010

Cry Havoc and let slip the Hogs of War
https://twitter.com/raicestexas/status/1445800153030348809?s=21

https://twitter.com/raicestexas/status/1445800742774886403?s=21

https://twitter.com/raicestexas/status/1445801777450807305?s=21

Ciprian Maricon
Feb 27, 2006



Slow News Day posted:

Maybe instead of complaining about how liberals don't want to discuss this topic, do your drat part to improve the quality of discourse?

What discourse? There's a lack of reporting from the national press, its not a priority for the presidential administration, and this thread consistently falls back pages due to inactivity. Yeah I got owned posting a poo poo headline I saw browsing the news this morning but lets not pretend its doing a disservice to the discussion taking place since nothing had been posted to the thread in nearly a week. People are not interested in discussing this here, or nationally, and its not because I am a bad poster.


Is this worse or better than when the administration responds to judicial orders with vague language about how its DoJs defacto job to challenge those orders? Does a more detailed response to indicate that they are more entrenched or less?

theCalamity
Oct 23, 2010

Cry Havoc and let slip the Hogs of War
For what it’s worth, the CBP did contact the Examiner:

quote:

In a statement provided after the publication of this article, CBP said: “Nothing has changed. The agents involved are on administrative duties. Horse Patrol Units continue to be deployed based on operational assessments.”

Main Paineframe
Oct 27, 2010

Ciprian Maricon posted:

Yeah I got owned posting a poo poo headline I saw browsing the news this morning but lets not pretend its doing a disservice to the discussion taking place since nothing had been posted to the thread in nearly a week.

posting bullshit misinformation is actually worse than not posting at all

Terminal autist
May 17, 2018

by vyelkin
Getting increasingly granular on the specfics about the abuses of American Border Policing seems pointless and just designed to obfuscate and compartmentalize for people who don't want to pay attention to how evil our entire policy is.

Like I'm not sure it really matters whether border patrol is chasing people down with horses or cars the problem is the people are there and we're chasing them down.

Has Biden taken any executive actions to lessen the pain and suffering or admit more people? Has the Democratic Majority in congress introduced and advanced any immigration reform?

PeterCat
Apr 8, 2020

Believe women.

https://apnews.com/article/immigration-donald-trump-mexico-0fe1661697279584fbb0ecf623cb6187

US plans to reinstate ‘Remain in Mexico’ policy next month

The Biden administration said it plans to reinstate a Trump-era border policy next month to make asylum-seekers wait in Mexico for hearings in U.S. immigration court, complying with a judge’s order.

...

Nucleic Acids
Apr 10, 2007

PeterCat posted:

https://apnews.com/article/immigration-donald-trump-mexico-0fe1661697279584fbb0ecf623cb6187

US plans to reinstate ‘Remain in Mexico’ policy next month

The Biden administration said it plans to reinstate a Trump-era border policy next month to make asylum-seekers wait in Mexico for hearings in U.S. immigration court, complying with a judge’s order.

...

Blatantly violating the law on seeking asylum, but Republicans initiate and Democrats codify.

Owlofcreamcheese
May 22, 2005
Probation
Can't post for 9 years!
Buglord
Come on, read your own link, jesus.

https://apnews.com/article/immigration-donald-trump-mexico-0fe1661697279584fbb0ecf623cb6187

"President Donald Trump introduced in January 2019 and Biden suspended on his first day in office. A federal judge sided with the states of Texas and Missouri by ordering the Biden administration in August to reinstate the policy"

Bel Shazar
Sep 14, 2012

That sounds a whole lot like a 'Just following orders' defense

(USER WAS PUT ON PROBATION FOR THIS POST)

Nucleic Acids
Apr 10, 2007

Owlofcreamcheese posted:

Come on, read your own link, jesus.

https://apnews.com/article/immigration-donald-trump-mexico-0fe1661697279584fbb0ecf623cb6187

"President Donald Trump introduced in January 2019 and Biden suspended on his first day in office. A federal judge sided with the states of Texas and Missouri by ordering the Biden administration in August to reinstate the policy"

So he is doing exactly what the op said, good to know.

Owlofcreamcheese
May 22, 2005
Probation
Can't post for 9 years!
Buglord

Bel Shazar posted:

That sounds a whole lot like a 'Just following orders' defense

???

Nucleic Acids
Apr 10, 2007

It’s fascist poo poo even if a court is telling you to do it.

Main Paineframe
Oct 27, 2010

Bel Shazar posted:

That sounds a whole lot like a 'Just following orders' defense

Nucleic Acids posted:

So he is doing exactly what the op said, good to know.

If you wanna argue that Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules - something even Trump the so-called fascist didn't dare to do - then loving come out and say it straight-up. Don't just needle people with one-liners like this, have the guts to actually state and explain your opinion.

PeterCat
Apr 8, 2020

Believe women.

https://www.sfchronicle.com/nation/article/Trump-administration-appears-to-be-ignoring-court-15516924.php

Basically Joe Biden is a less effective president than Donald Trump. There are a myriad ways of not complying by either slow walking or forming a committee to talk about it or how about this calling up his buddies in Congress who he worked with for decades and getting them to pass some kind of bill to deal with the problem of immigrants on the border.

Instead of doing any of that he's just going to roll over and comply with the court ruling and throw up his hand and saying apparently being president of the United States is a position without power.

Nucleic Acids
Apr 10, 2007

Main Paineframe posted:

If you wanna argue that Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules - something even Trump the so-called fascist didn't dare to do - then loving come out and say it straight-up. Don't just needle people with one-liners like this, have the guts to actually state and explain your opinion.

Alright, he should tell them to go pound sound over them trying to force fascist poo poo.

PeterCat
Apr 8, 2020

Believe women.

President Obama ignored immigration law when it suited him.


https://www.politico.com/story/2012/06/obamas-policy-strategy-ignore-laws-077486

Politico posted:

President Barack Obama returned Friday to a trusted tactic — satisfying his political allies by not doing something.

Conservatives were angry when Janet Napolitano announced the administration would stop deporting certain undocumented immigrants, but they should have seen it coming. On issue after issue — gay rights, drug enforcement, Internet gambling, school achievement standards — the administration has chosen to achieve its goals by a method best described as passive-aggressive.

( Also on POLITICO: Obama energizes Latino vote)

Rather than pushing new laws through a divided Congress to enact his agenda, Obama is relying on federal agencies to ignore, or at least not defend, laws that some of his important supporters — like Hispanic voters and the gay community — don’t like.

“If the president says we’re not going to enforce the law, there’s really nothing anyone can do about it,” University of Pennsylvania constitutional law professor Kermit Roosevelt said. “It’s clearly a political calculation.”

A White House official said the strategy is the result of a stalemate in Washington.

“We work to achieve our policy goals in the most effective and appropriate way possible,” the official said. “Often times, Congress has blocked efforts (ie [No Child Left Behind] and DREAM) and we look to pursue other appropriate means of achieving our policy goals. Sometimes this makes for less-than-ideal policy situations — such as the action we took on immigration — but the president isn’t going to be stonewalled by politics, he will pursue whatever means available to do business on behalf of American people.”

Pentecoastal Elites
Feb 27, 2007

Main Paineframe posted:

If you wanna argue that Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules - something even Trump the so-called fascist didn't dare to do - then loving come out and say it straight-up. Don't just needle people with one-liners like this, have the guts to actually state and explain your opinion.

I think Biden should say "gently caress the courts" and simply defy any authority that prevents him from dismantling our horrifically evil white supremacist immigration laws, including the concentration camps we've constructed and maintained while operating under those laws, yes.

Fister Roboto
Feb 21, 2008

Main Paineframe posted:

If you wanna argue that Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules - something even Trump the so-called fascist didn't dare to do - then loving come out and say it straight-up. Don't just needle people with one-liners like this, have the guts to actually state and explain your opinion.

I think that Biden should say "gently caress the courts" if the courts are enforcing white supremacist laws.

Sharkie
Feb 4, 2013

by Fluffdaddy

Main Paineframe posted:

If you wanna argue that Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules - something even Trump the so-called fascist didn't dare to do - then loving come out and say it straight-up. Don't just needle people with one-liners like this, have the guts to actually state and explain your opinion.

Article 1
1. A subject of the state is a person who enjoys the protection of the German Reich and who in consequence has specific obligations toward it.
2. The status of subject of the state is acquired in accordance with the provisions of the Reich and the Reich Citizenship Law.

Article 2
1. A Reich citizen is a subject of the state who is of German or related blood, and proves by his conduct that he is willing and fit to faithfully serve the German people and Reich.
2. Reich citizenship is acquired through the granting of a Reich citizenship certificate.
3. The Reich citizen is the sole bearer of full political rights in accordance with the law.

Article 3
The Reich Minister of the Interior, in coordination with the Deputy of the Führer, will issue the legal and administrative orders required to implement and complete this law.

Law for the Protection of German Blood and German Honor of September 15, 1935

Moved by the understanding that purity of German blood is the essential condition for the continued existence of the German people, and inspired by the inflexible determination to ensure the existence of the German nation for all time, the Reichstag has unanimously adopted the following law, which is promulgated herewith:

Article 1
1. Marriages between Jews and citizens of German or related blood are forbidden. Marriages nevertheless concluded are invalid, even if concluded abroad to circumvent this law.
2. Annulment proceedings can be initiated only by the state prosecutor.

Article 2
Extramarital relations between Jews and citizens of German or related blood are forbidden.

Article 3
Jews may not employ in their households female subjects of the state of Germany or related blood who are under 45 years old.

Article 4
1. Jews are forbidden to fly the Reich or national flag or display Reich colors.
2. They are, on the other hand, permitted to display the Jewish colors. The exercise of this right is protected by the state.

Article 5
1. Any person who violates the prohibition under Article 1 will be punished with a prison sentence with hard labor.
2. A male who violates the prohibition under Article 2 will be punished with a jail term or a prison sentence with hard labor.
3. Any person violating the provisions under Articles 3 or 4 will be punished with a jail term of up to one year and a fine, or with one or the other of these penalties.

Article 6
The Reich Minister of the Interior, in coordination with the Deputy of the Führer and the Reich Minister of Justice, will issue the legal and administrative regulations required to implement and complete this law.

Article 7
The law takes effect on the day following promulgation, except for Article 3, which goes into force on January 1, 1936.

Nuremberg, September 15, 1935
At the Reich Party Congress of Freedom

Ignoring these laws and denying authority would be fascism. Things have to be done the right way.

(USER WAS PUT ON PROBATION FOR THIS POST)

Bel Shazar
Sep 14, 2012

Main Paineframe posted:

If you wanna argue that Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules - something even Trump the so-called fascist didn't dare to do - then loving come out and say it straight-up. Don't just needle people with one-liners like this, have the guts to actually state and explain your opinion.

All branches of US federal and state governments are absolute jokes and people should stop pretending we have a functioning democracy.

Slow News Day
Jul 4, 2007

Bel Shazar posted:

All branches of US federal and state governments are absolute jokes and people should stop pretending we have a functioning democracy.

Thanks for the hot take.

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

Bel Shazar posted:

All branches of US federal and state governments are absolute jokes and people should stop pretending we have a functioning democracy.

i will not stand by and watch the continued tyranny of the new hampshire amusement ride safety commission

PeterCat
Apr 8, 2020

Believe women.

GreyjoyBastard posted:

i will not stand by and watch the continued tyranny of the new hampshire amusement ride safety commission

Let's look at this another way. I posted a story about how Biden is going to reinstitute Stay in Mexico, and the discussion then turned to the merits of him ignoring the judicial order, with several examples given of former presidents ignoring laws and judicial orders in the past. Showing that there is precedent for doing so.

Wouldn't it be better to engage that argument than responding to a "hot take?"

PeterCat fucked around with this message at 22:51 on Oct 16, 2021

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

PeterCat posted:

Let's look at this another way. I posted a story about how Biden is going to reinstitute Stay in Mexico, and the discussion then turned to the merits of him ignoring the judicial order, with several examples given of former presidents ignoring laws and judicial orders in the past. Showing that there is precedent for doing so.

Wouldn't it be better to engage that argument than responding to a "hot take?"

You've provided two examples that I can see here. For the first, after the court decision, Trump slow-rolled the DACA application process by asserting a review. He was able to do this in part due to an ambiguity in the ruling's application to the law. This tactic was, itself, reversed by a later court ruling. The Politico example discussing Obama (setting aside other significant problems with the piece) relies on his application of enforcement discretion activity prior to a court order. It also points out that Obama's own application of discretion was unusual and invited reversal.

So, charitably, your sources don't support the argument you're trying to use them for.

MSDOS KAPITAL
Jun 25, 2018





Main Paineframe posted:

If you wanna argue that Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules - something even Trump the so-called fascist didn't dare to do - then loving come out and say it straight-up. Don't just needle people with one-liners like this, have the guts to actually state and explain your opinion.
Biden should say "gently caress the courts" and simply defy any authority that prevents him from changing immigration rules, provided he changes the immigration rules to be more humane, because that will result in more humane immigration rules. My priors are that more humane immigration rules are good, but you are of course free to disagree.

Ruzihm
Aug 11, 2010

Group up and push mid, proletariat!


Ruzihm posted:

Looks like Biden's Assistant Attorney General submitted an "appeal to a federal court order requiring U.S. Immigration and Customs Enforcement (ICE) to vaccinate medically vulnerable people in its custody."

https://dralegal.org/press/ice-vaccine-appeal/

I think it's a bad appeal and I hope it fails.

In an update to this - the 9th court has overturned the original injunction :sigh:

quote:

SUMMARY*
Immigration
The panel reversed the district court’s grant of a
preliminary injunction in a class action in which plaintiffs
contended that as to all immigration detention facilities
nationwide, U.S. Immigration and Customs Enforcement’s
directives in response to the COVID-19 pandemic reflected
“deliberate indifference” to medical needs and “reckless
disregard” of known health risks; and remanded with
instructions that all orders premised on the preliminary
injunction be vacated.
In April 2020, the district court entered a preliminary
injunction and provisionally certified two nationwide
subclasses: (1) ICE detainees with certain risk factors
placing them at heighted risk of severe illness and death from
COVID-19; and (2) ICE detainees whose disabilities placed
them at heighted risk of severe illness and death from
COVID-19. The district court found that plaintiffs were
likely to succeed on the merits of three claims: (1) deliberate
indifference to the medical needs of detainees, in violation
of the Fifth Amendment; (2) punitive conditions of
confinement, in violation of the Fifth Amendment; and
(3) violation of section 504 of the Rehabilitation Act,
29 U.S.C. § 794. The district court’s preliminary injunction
applied to all immigration detention facilities in the United
States and imposed a broad range of obligations on the
federal government, including ordering ICE to identify and
track detainees with certain risk factors; requiring ICE to
issue a comprehensive Performance Standard covering
COVID-19-related topics, and setting directives for
releasing detainees from custody altogether. The
government appealed in June 2020, but did not seek a stay
pending appeal.
In September 2021, the parties asked to refer this case to
the Court’s mediation program. The panel denied that
request, concluding that it came much too late. Given the
substantial judicial and court resources that the parties
already required be expended on their behalf, the panel
declined their request to now use further resources in the
form of the mediation program—itself a not unlimited
resource.
On appeal, the government argued that the district court
erred both in issuing a preliminary injunction and in granting
provisional class certification. Noting that it had jurisdiction
to reach the latter issue, the panel concluded it need not do
so here. The panel explained that the district court’s class
certification ruling depended on, and was in service of, its
preliminary injunction, and therefore, if the preliminary
injunction was infirm, the class certification order
necessarily fell as well.
In concluding that the preliminary injunction must be set
aside, the panel held that plaintiffs failed to demonstrate a
likelihood of success or serious questions on the merits. The
panel wrote that neither the facts nor the law supported a
judicial intervention of the magnitude here, and that the
standards governing plaintiffs’ request reflected not only the
all-embracing relief they sought but the core principle,
grounded in the separation of powers, that far-reaching
intrusion into matters initially committed to a coordinate

Branch requires a commensurately high showing sufficient
to warrant such a significant exercise of judicial power.

First, the panel addressed plaintiffs’ claim that ICE
“failed to promulgate and implement medically necessary
protocols and practices to protect medically vulnerable
people” from COVID-19. The panel concluded that
plaintiffs did not make a clear showing that ICE acted with
deliberate indifference to medical needs or in reckless
disregard of health risks, explaining that the various ICE
mandates and guidance documents demonstrated that far
from recklessly disregarding the threat of COVID-19, ICE
in the spring of 2020 (and earlier) took steps to address
COVID-19. The panel also rejected plaintiffs’ contrary
arguments, which the district court had accepted, and held
that plaintiffs had not made a clear showing of entitlement
to relief commensurate with the scope of their request.

Second, the panel concluded that plaintiffs had not
shown a likelihood of success on their claim that ICE’s
COVID-19 policies reflected unconstitutional
“punishment.” The panel observed that if a particular
condition or restriction of pretrial detention is reasonably
related to a legitimate governmental objective, it does not,
without more, amount to punishment. The panel easily
concluded that there was a legitimate governmental
objective here, explaining that ICE was holding detainees
because they were suspected of having violated the
immigration laws or were otherwise removable. The panel
concluded that just as ICE’s national directives did not
reflect deliberate indifference, they did not create excessive
conditions of “punishment” either. The panel also rejected
plaintiffs’ theory that a presumption of punitive conditions
arose here.

Third, the panel concluded that plaintiffs had not
established a likelihood of success on their statutory claim
under the Rehabilitation Act, which prohibits a program
receiving federal financial assistance from discriminating
based on disability. As relevant here, plaintiffs bringing a
section 504 claim must show that they were denied the
benefits of the program solely by reason of a disability.
Here, the panel concluded that plaintiffs had not identified
any “benefit” that they were denied. Plaintiffs at most
demonstrated that they were subjected to inadequate national
policies; they did not show they were treated differently
from other detainees “solely by reason” of their disabilities.
Finally, the panel concluded that because plaintiffs had
not demonstrated a likelihood of success on any claim, it
need not address the other preliminary injunction factors that
plaintiffs also would have needed to establish.
Judge Berzon dissented from both the majority’s opinion
vacating the district court’s preliminary injunction and its
order denying the parties’ joint request for mediation. Judge
Berzon wrote that, in vacating the district court’s
preliminary injunction, the majority applied incorrect
standards three times. First, the majority recited but did not
engage with the applicable sliding scale approach for
reviewing a preliminary injunction. Second, it correctly
identified but then flouted the court’s mandate to review the
grant of a preliminary injunction for abuse of discretion, not
de novo. Third, it evaluated plaintiffs’ Fifth Amendment
reckless disregard claim under a subjective, instead of the
proper, objective, standard.
Judge Berzon wrote that the majority repeatedly
characterized as “sweeping,” “far-reaching” and of great
“magnitude,” an injunction that was actually limited,
modest, and deferential to the government’s primary role in
crafting policy and administering the detention facilities.
Beyond these analytical errors, Judge Berzon concluded that
the majority did precisely what it chastised the district court
for: by declining the parties’ joint request for mediation, the
majority imposes its own will on the parties.

source: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/10/20/20-55634.pdf

The civil rights groups responsible for the case are not pleased with this:

https://twitter.com/creeclaw/status/1450888614800285711
https://twitter.com/splcenter/status/1451215454140313613

splc posted:

Montgomery, Ala. – The Southern Poverty Law Center (SPLC) issued the following statement by Ben Salk, Senior Staff Attorney, following the 9th Circuit Court of Appeals’ decision to reverse a federal judge’s April 2020 order, which required Immigration and Customs Enforcement (ICE) to identify and release people with medical risk factors from ICE detention centers across the country, offer vaccinations, and take other steps to protect vulnerable people in its custody from COVID-19.

“We are deeply disappointed the court chose to undo an order that protected the health and saved the lives of tens of thousands of people in ICE detention over the last 18 months. This decision will needlessly put people at risk of serious illness and death.

“Ultimately it is not the courts but the Biden administration that bears responsibility for the suffering, illness, and death that will result from today’s decision. The Biden administration continues to needlessly detain tens of thousands of people and has chosen to fight and appeal every order requiring ICE to show common sense and basic human decency to medically vulnerable immigrants during the pandemic. The Biden administration could release such immigrants but instead chooses to keep them imprisoned.

“Despite today’s setback, we will not be deterred in our fight to secure safe and decent conditions for the tens of thousands of people who remain in detention today and to end the inhumanity of ICE detention.”

The Fraihat v. ICE lawsuit filed by the Civil Rights Education and Enforcement Center (CREEC), Disability Rights Advocates (DRA), Southern Poverty Law Center (SPLC), Orrick, Herrington & Sutcliffe LLP, and Willkie Farr & Gallagher LLP in August of 2019 seeks an end to inhumane and traumatic conditions of ICE detention affecting tens of thousands across the country.


:sigh:

PeterCat
Apr 8, 2020

Believe women.

Anyone want to take bets on how soon a Guardsman will shoot a migrant at the Texas-Mexico border?

https://thefederalist.com/2021/10/21/abbott-deploys-armed-national-guard-to-border-to-arrest-illegal-aliens-for-trespassing/

The Federalist posted:

Texas Gov. Greg Abbott gave the green light for thousands of specially trained National Guard troops to go to the Southern U.S. border and begin making arrests of illegal aliens who are trespassing in the state.

In a new deterrence approach to combatting the lasting effects of Biden’s border crisis, Abbott is using Operation Lone Star to grant Guard members new authority to make civilian arrests of illegal migrants beginning this week following at least “40 hours of traditional police training in the use of deadly force.”

Texas Department of Public Safety Director Steven McCraw confirmed to Todd Bensman of the Center for Immigration Studies that approximately 3,000 of these specially trained National Guard members are scheduled to go to the border over the next six weeks.

“Nobody’s ever really used the guard before in this capacity,” McCraw said. “We’re going to use them to actually secure the border. The governor, the legislature, and the citizens of Texas have made it very clear; they want the border secure. It is good for our federal partner as well. The federal government should be thanking the state of Texas, and it’ll make the rest of the country safer as we increase the level of security.”

The newly-armed Guard will primarily work with the Texas Department of Public Safety officers in overwhelmed areas such as Del Rio, Texas, to arrest, handcuff, and charge individual male illegal aliens who are traversing private ranchland to get into the United States.

“[Ranchland] owners have all entered into state agreements to become complainants in misdemeanor-level criminal trespassing cases that DPS officers will charge (and have been charging since July),” Bensman reported. “The so-called single male ‘runners’ run because they are still subject to federal instant expulsion policy to control the Covid-19 pandemic.”

Women, unaccompanied children, and family groups will not be arrested by the state.

Since the beginning of the fiscal year in October 2020, U.S. Customs and Border Patrol has encountered more than 1.5 million illegal aliens at the Southwest land border, according to official CBP data, including more than 200,000 migrant encounters in both July and August. The Washington Post reported yesterday that according to unpublished CBP data obtained by the outlet, border arrests hit an all-time high as “U.S. authorities detained more than 1.7 million migrants along the Mexico border.”

Abbott signaled earlier this month that the Texas National Guard was “gearing up” to handle the increasing number of illegal aliens making their way across the border using caravans.

“Texas National Guard is gearing up at the border for increased caravans attempting to cross the border caused by Biden’s open border policy,” Abbott tweeted. “They are working with the Texas Dept. of Public Safety to seal surge locations at the border & arrest trespassers.”

Biden should do what Eisenhower did and Federalize the Texas National Guard. That would take the Texas Governor out of the chain of command.

PeterCat
Apr 8, 2020

Believe women.

This is insane. ICE will happily arrests anywhere outside of these designated safe zones. This isn't what good policy looks like and does nothing to deal with the underling issues.




U.S. immigration authorities will no longer make routine arrests at schools, hospitals or a range of other “protected” areas, under new guidelines released Wednesday by the Department of Homeland Security.

As part of a further effort to make immigration more targeted, agents and officers are being directed to consider the impact of enforcement actions on communities as well as “broader societal interests,” DHS Secretary Alejandro Mayorkas said in announcing the new guidelines.

“We can accomplish our law enforcement mission without denying individuals access to needed medical care, children access to their schools, the displaced access to food and shelter, people of faith access to their places of worship, and more,” Mayorkas said.

The move, part of a series of measures taken under President Joe Biden to unwind some of the harsh immigration policies of his predecessor, is likely to further alienate critics who say weaker enforcement encourages migrants to seek to enter the country illegally.

The action announced by Mayorkas adds to previous policies that directed U.S. Immigration and Customs Enforcement to stop carrying out arrests at courthouses and to have agents and officers focus on people in the country illegally who have entered recently, pose a national security threat or have committed serious crimes.

On the list of places that will now be off-limits to enforcement actions are schools; day care and medical facilities; places of worship; playgrounds and recreation centers and demonstrations and rallies.

The new policy is similar to enforcement guidelines issued under President Barack Obama. President Donald Trump’s administration sparked criticism for seeking to arrest and remove anyone in the country illegally regardless of criminal history or community ties. Biden also reversed a Trump policy of detaining people for immigration violations when they showed up to court for other matters.

PeterCat
Apr 8, 2020

Believe women.

Customs and Border Protection's August update. Highlights are 93,414 people processed for expulsion under Title 42.

https://www.cbp.gov/newsroom/national-media-release/cbp-releases-august-2021-operational-update


CBP Releases August 2021 Operational Update
Release Date: September 15, 2021
WASHINGTON — U.S. Customs and Border Protection (CBP) today released operational statistics for August 2021, which can be viewed online here.

“In August, U.S. Customs and Border Protection played an important role in Operation Allies Refuge and Operation Allies Welcome, as well as in support of the Gulf Coast after CBP SealHurricane Ida and the people of Haiti after their earthquake. We rose to those challenges even as we continued our vital work in support of our economy and national security at our ports of entry and along our borders,” said CBP Acting Commissioner Troy Miller. “In August, CBP processed a significant growth of legitimate travel and trade, with commercial truck transit on par with numbers at this point in Fiscal Year 2019, and passenger vehicle, pedestrian travel, and air travel numbers continuing to progress toward pre-pandemic levels.

"The men and women at CBP continue to step up to meet the demands of high numbers of encounters at our southern border. CBP recorded 2 percent fewer encounters in August than July. The vast majority of single adults encountered in August, along with a substantial share of families, continued to be expelled under the CDC's Title 42 authority."



CBP Enforcement Numbers for August 2021
The large number of expulsions during the pandemic has contributed to a larger-than-usual number of migrants making multiple border crossing attempts, which means that total encounters somewhat overstate the number of unique individuals arriving at the border.

The number of unique encounters in August 2021 was 156,641.
In total, there were 208,887 encounters along the Southwest Border, a 2 percent drop compared to July. Of those, 25 percent involved individuals who had at least one prior encounter in the previous 12 months, compared to an average one-year re-encounter rate of 14 percent for Fiscal Years 2014-2019.
Nearly half (49 percent) of encounters were single adults, with 103,129 encounters in August, a 7 percent decrease compared to July.
93,414 encounters, more than 44 percent of the total, were processed for expulsion under Title 42. 115,473 encounters were processed under Title 8.
76,895 encounters involving single adults (75 percent) were processed for expulsion under Title 42, with 26,234 processed under Title 8.
16,240 encounters involving family unit individuals (19 percent) were processed for expulsion under Title 42, with 70,247 processed under Title 8.

A total of 1,002,722 unique individuals have been encountered year-to-date during Fiscal Year 2021, compared to 851,513 during the same time period in Fiscal Year 2019.
In July, CBP began a Repeat Offender initiative, under which single adults who have previously been apprehended and deported under Title 8 are referred for prosecution.
As part of the United States’ mitigation efforts in response to the rise in COVID-19 cases due to the Delta variant, the Department of Homeland Security has begun to transport individuals expelled under Title 42 by plane to the Mexican interior.
Certain individuals who are not able to be expelled under Title 42 are placed in expedited removal proceedings. Expedited removal provides an accelerated procedure to remove individuals who do not have a basis under U.S. law to be in the United States. So far in Fiscal Year 2021, U.S. Border Patrol agents have placed nearly 72,000 migrants in expedited removal proceedings.


Unaccompanied Children
Encounters of unaccompanied children decreased 1 percent, with 18,847 encounters in August compared with 18,958 in July. In August, the average number of unaccompanied children in CBP custody was 1,435 per day, compared with an average of 1,353 per day in July.


Family Unit individuals
Encounters of family unit individuals increased by 4 percent from 83,493 in July to 86,487 in August—still below the peak of 88,587 encounters in May 2019. The number of encounters with family unit individuals so far this fiscal year (415,185) remains below the number of encounters at the same point in Fiscal Year 2019 (505,102).

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug
https://twitter.com/BuddJenn/status/1454104490878009347?s=20

quote:

The Southern Border Communities Coalition, a network of organizations in California, Arizona, New Mexico, and Texas sent a letter to Congress, “To sound the alarm on the dangerous overreach of the illegal operation of U.S. Border Patrol’s unlaw Critical Incident Teams.”

Attorney Andrea Guerrero representing Alliance San Diego said, “These agents have been allowed to get away with everything including murder for the last 35 years.”

Guerrero said the alleged corruption of the so-called shadow police units was brought to light recently because of a San Diego case that happened years ago.

Latest Coronavirus Updates: County Reports 549 Cases, 29 Deaths
In May 2010, Anastasio Hernandez Rojas died at the hands of border patrol agents at the San Ysidro Port of Entry.

An eyewitness video showed he was beaten and tasered by border patrol agents while handcuffed and on the ground. None of the 12 agents were criminally charged, and Guerrero said that is because the border patrol’s Critical Incident Teams covered up and even destroyed evidence.

The letter asks Congress to investigate the Rojas case and others in which these teams had access to evidence, and the potential to tamper with it.

:stare: While its not suprising these exist, its still eye opening.

Willa Rogers
Mar 11, 2005

Devastating ProPublica investigative piece on a Chicago shelter for Afghan child refugees:

quote:

Dozens of Traumatized Afghan Kids Struggle Inside a Shelter That’s Ill-Equipped to Care for Them

Some children who were evacuated from Afghanistan and are being cared for at a Chicago shelter for immigrant minors have hurt themselves, harmed other children or threatened staff. Others have tried to escape or talked about wanting to die. Some have required psychiatric hospitalization.

These events at the shelter were described by three employees and other people familiar with the conditions there, as well as being detailed in police records and internal documents obtained by ProPublica.

Employees at the shelter, which is operated by the nonprofit Heartland Alliance, say they are overwhelmed and ill-equipped to care for the roughly 40 Afghan children and teens placed there by the U.S. government, many of them traumatized by war in their homeland and their hasty evacuation.

The employees said they have never experienced this level of disorganization or stress, even though some of them worked through the chaos inside Heartland shelters following the Trump administration’s zero-tolerance immigration policy of separating children from their parents.

Language and cultural barriers have exacerbated the problem. Workers said no employees speak Pashto or Dari, the children’s main languages, and access to phone-based interpretation lines is limited, making it difficult to deescalate tense encounters.


“We don’t know if [the children are] saying they’re going to self harm until we finally get a translator on the line,” said one worker at the shelter in Chicago’s Bronzeville neighborhood on the city’s South Side. “They could be telling us something. ... We try to guess. We try to communicate with cues, sign language, making motions like if you’re hungry or they need this or that.”

Altogether, Heartland officials said they were caring for 79 Afghan children across four Chicago shelters on Wednesday. But the shelter in Bronzeville, the largest in Heartland’s portfolio, is where workers are reporting problems.

As of Wednesday, 41 of the 55 children and teens at that shelter were from Afghanistan, records show. Of those, 25 had been at the facility for at least 50 days, while 15 had been there for at least 60 days. ProPublica reported in 2018 on how prolonged stays in Heartland’s shelters led to despair, confusion and suicidal ideation among children.

No organization in the country is sheltering more Afghan children than Heartland at the moment. A total of 186 Afghan youth were in the government’s care as of Friday. (Federal officials did not respond to requests for updated figures this week.)

The children are among the tens of thousands of Afghans brought to the U.S. after America’s widely criticized military pullout from the country following two decades of war. In the chaos, many children were separated from parents or adult relatives at Taliban checkpoints and airports, or later at U.S. military bases in other countries. Many wound up on planes alone, according to workers and advocates who have spoken to the children.

And unlike many of the Central American children who typically pass through the shelter system with a plan and a destination in mind — and the knowledge from relatives’ experiences to prepare them — these young Afghans had no idea what to expect when they arrived. Some have no relatives or family friends here to take them in. Many didn’t even want to come here and are worried about their families back home, the workers and advocates said.

“These Afghan youth are experiencing very high trauma burdens and mental health issues from living in a war-torn country, exacerbated by their chaotic and untraditional arrival alone in a foreign land,” Heartland said in a statement. “Something as simple as a phone call home is highly emotional …. What if my parents don’t answer? Are they dead? Missing? Will I ever see them again? What if the Taliban finds me here?”

Heartland officials said that, from the start, sheltering the children has been a challenge.

“Details of arrivals, governmental guidelines, and other information has been limited or changing, literally by the hour,” they said in the statement. “National, federal, state, local, and nonprofit organizations are trying to operate within a seriously under-resourced and broken infrastructure dismantled by the previous federal administration.”

***

The Afghan children started arriving at the Heartland shelter in Bronzeville around Aug. 23, according to records and interviews with workers. Most are boys in their teens, but workers said the youngest they received was 2. Records indicate that once the Afghan youth started arriving, the facility stopped receiving children and teens from other countries, though it’s not clear why.

It’s unusual for the shelter to receive so many children at once who don’t speak a language spoken by staff members, according to workers and people familiar with the situation. Many of the workers speak Spanish.

To communicate with the Afghan youth, workers rely on cell phones to call interpreters, but they said there aren’t enough phones. Heartland said last week it distributed 61 devices to translate information into multiple languages, including Dari and Pashto, across its four shelters, and that it will distribute 39 more this week.

***

In spite of Heartland’s efforts, the shelter has been the scene of a series of troubling incidents, described in police records, internal documents and interviews. In emails sent to management and staff last week, one shelter worker wrote that the young Afghans were “displaying behavior that I have not seen in my almost 5 years at [Heartland].” Another wrote that police and ambulance workers had been on site “a record amount over the last few days and weeks alone.”

Willa Rogers
Mar 11, 2005

Another immigration story likely destined for the p. 2 memory hole, but I thought it was notable bc of the implications it might hold for U.S. for-profit prisons holding non-immigrants, which might generate some interest counter to the prevailing trend of "out of sight, out of mind" as applied to current immigration issues:

quote:

Owner of Washington for-profit detention center owes immigrant detainees $17 million in back pay, jury rules

SEATTLE — A federal jury has determined that The GEO Group must pay nearly $17.3 million to immigration detainees who were paid $1 a day to perform tasks such as cooking and cleaning at the company’s for-profit detention center in Washington.

Friday’s decision came two days after the same jury determined that the Florida-based company must pay its detainee workforce at the Tacoma facility minimum wage, The Seattle Times reported.

GEO may have to pay even more when a judge on Monday considers separate damages sought by state Attorney General Bob Ferguson, who had filed another lawsuit on behalf of detainees held since 2005. The two lawsuits were consolidated for the first phase of a trial, determining whether GEO was obligated to pay minimum wage.

Adam Berger, one of the attorneys representing detainees in the private lawsuit, said he and his colleagues had asked for $13.7 million, but the jury decided the immigrants were owed more. The award is expected to be divided among 10,000 people who were held at the facility since 2014.

“Immigrants held in GEO’s for-profit facilities are not criminals and should not be beholden to enriching the corporation’s bottom line,” Berger said in a statement. He added that if GEO appeals, no money will be distributed until that process is resolved.

GEO did not respond to a request for comment.

GEO maintained that the detainees were not employees under the Washington Minimum Wage Act. Even if they were, the company said, it would be unlawfully discriminatory for Washington to require GEO to pay them minimum wage — now $13.69 an hour — when the state doesn’t pay minimum wage to inmates who work at its own prisons or other detention facilities.

The definition of “employee” in Washington’s minimum wage law is broad — it includes anyone who is permitted to work by an employer, without regard to immigration or legal work status. The law says residents of “a state, county, or municipal” detention facility are not entitled to minimum wage for work they perform.

The detention center, now known as the Northwest ICE Processing Center, didn’t fit that exemption because it’s a private, for-profit facility, not a “state, county or municipal” one, attorneys for the state and for the detainees argued.


The detention center houses people who are in custody while the federal government seeks to deport them or reviews their immigration status. It can hold up to 1,575 detainees, making it one of the nation’s largest immigration jails, though the population has been drastically reduced during the pandemic.

Similar lawsuits have been brought on behalf of immigration detainees in other states, including New Mexico, Colorado and California, seeking to force GEO and another major private detention company, CoreCivic, to pay minimum wage to detainees there.

https://www.oregonlive.com/pacific-...jury-rules.html

Any lawyers out there who can weigh in on whether the judgment has broader implications for for-profit prisons in general?

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug

Maybe people don't want to discuss it with you, that's a very real possibility. Nobody engaged with my post in there either.

CommieGIR fucked around with this message at 16:23 on Dec 2, 2021

Willa Rogers
Mar 11, 2005

CommieGIR posted:

Maybe people don't want to discuss it with you, that's a very real possibility. Nobody engaged with my post in there either.

That could very well be the case! I wasn't alleging a conspiracy; your post reminded me that I found this story at least as newsworthy as Mike Pompeo's current skin tone & weight when I came across it.

I also had a question for lawyers in the post above yours, and legal questions usually elicit responses in dnd.

eta: Thanks for bumping this thread to page 1, though!

Willa Rogers fucked around with this message at 16:37 on Dec 2, 2021

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug

Willa Rogers posted:

That could very well be the case! I wasn't alleging a conspiracy; your post reminded me that I found this story at least as newsworthy as Mike Pompeo's current skin tone & weight when I came across it.

I also had a question for lawyers in the post above yours, and legal questions usually elicit responses in dnd.

eta: Thanks for bumping this thread to page 1, though!

Yeah, I think it DOES need to be discussed. Hope bumping it helped.

SearchInward
Oct 22, 2021
What is the best proposed "smart border" security. I recall reading ideas people were proposing for US border security that involved drone fleets that would autonomously patrol the border using IR sensors to detect human heat signatures and track/ route border patrol to intercept and by analyzing the data they can make heatmaps of where the largest inflow of illegal entries occur and make purpose-based fortifications or create new Border Patrol agent outposts in those areas.

I support the idea that the border is best being as secure as possible and I mainly hear the latest updates when they're in the news cycles, but I don;t have a good pulse on the day-to-day of how plans are evolving. Does anyone have info or perspective on the "smart" style border defenses?

Thorn Wishes Talon
Oct 18, 2014

by Fluffdaddy

(and can't post for 4 days!)

Considering the way experts have been treated in D&D lately, don't be surprised if your questions don't elicit responses like they used to in the past.

Willa Rogers
Mar 11, 2005

You mean being told to lay off their personal attacks based on ideology? That mistreatment? There isn't a :qq: big enough if they can't answer people with a civil tongue (or fingers), or are forced to share online spaces among people with differing opinions.

I think it's more that people have lost interest in the concentration camps since they stopped being called concentration camps. Ain't no one interested in locked-up kids unless a cheeto is doing the locking up.

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socialsecurity
Aug 30, 2003

Willa Rogers posted:

You mean being told to lay off their personal attacks based on ideology? That mistreatment? There isn't a :qq: big enough if they can't answer people with a civil tongue (or fingers), or are forced to share online spaces among people with differing opinions.

I think it's more that people have lost interest in the concentration camps since they stopped being called concentration camps. Ain't no one interested in locked-up kids unless a cheeto is doing the locking up.

I like how you complain about others doing attacks then can't even finish the post without doing some yourself, continuing the same hostility that keeps anyone from posting here.

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