Category: Civil Rights

Trump cancels Philadelphia Eagles visit to the White House

The Super Bowl champion Philadelphia Eagles’ White House visit has been canceled due to the controversy over standing for the National Anthem at NFL games, President Donald Trump announced Monday.

“The Philadelphia Eagles are unable to come to the White House with their full team to be celebrated tomorrow,” Trump said in a statement. “They disagree with their President because he insists that they proudly stand for the National Anthem, hand on heart, in honor of the great men and women of our military and the people of our country. The Eagles wanted to send a smaller delegation, but the 1,000 fans planning to attend the event deserve better.”

It’s an unprecedented move by Trump. The NBA champion Golden State Warriors declined an invitation from the President to visit the White House after winning the 2017 championship, but presidents typically honor their invitations to championship teams. Players also have refused those invitations in the past — Boston Bruins goaltender Tim Thomas declined to visit the White House in 2012 over disagreements with President Barack Obama’s policies.

The President typically invites the champions of major professional and college sports to the White House for a visit as a part of their victory celebrations.

Last month, the NFL announced it would require athletes to stand during the National Anthem in response to players who took a knee as protest to what some players see as the systemic oppression of people of color, including by police.

The movement was initially started by Colin Kaepernick, who was formerly with the San Francisco 49ers. He drew national attention for refusing to stand during “The Star-Spangled Banner” prior to kickoff.

“I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” Kaepernick told NFL Media in August 2016.

Trump has repeatedly criticized players for not standing for the anthem and has gone as far as to say team owners should fire players for doing so.

The new NFL policy gives players the option of remaining in the locker room during the playing of the anthem if they do not wish to comply.

Players on the Eagles are some of the most outspoken social justice activists in the NFL, and multiple players took part in the protests during the anthem over the last two seasons. Many players from the team were not planning on attending the ceremony as a protest of Trump, his policies and his outspoken criticism of players who chose to kneel during the anthem.

The Eagles were originally invited to the White House after their win in February’s Super Bowl over the New England Patriots. It was the first Super Bowl championship in franchise history.

In response to Trump’s announcement, former Eagles receiver Torrey Smith, who was a member of the championship team and was traded during the off-season, called the move “a cowardly act.”

“So many lies smh Here are some facts 1. Not many people were going to go 2. No one refused to go simply because Trump ‘insists’ folks stand for the anthem 3. The President continues to spread the false narrative that players are anti military,” he said in one tweet.

Smith continued: “There are a lot of people on the team that have plenty of different views. The men and women that wanted to go should’ve been able to go. It’s a cowardly act to cancel the celebration because the majority of the people don’t want to see you. To make it about the anthem is foolish.”

Sen. Bob Casey, a Pennsylvania Democrat, said he’s skipping the White House event, and instead invited the team to take a tour of the US Capitol.

“I’m proud of what the @Eagles accomplished this year. I’m skipping this political stunt at the White House and just invited the Eagles to Congress. @Eagles How about a tour of the Capitol?” Casey wrote on Twitter.

Philadelphia Mayor Jim Kenney released a statement, where he said Trump’s decision “proves that our President is not a true patriot.”

“The Eagles call the birthplace of our democracy home, so it’s no surprise that this team embodies everything that makes our country and our city great. Their athletic accomplishments on the field led to an historic victory this year,” Kenney said.

“Disinviting them from the White House only proves that our President is not a true patriot, but a fragile egomaniac obsessed with crowd size and afraid of the embarrassment of throwing a party to which no one wants to attend,” he later said in the statement.

“City Hall is always open for a celebration,” he added.

Trump said in Monday’s statement that the fans are still welcome to come and partake in a “different kind of ceremony.”

“One that will honor our great country, pay tribute to the heroes who fight to protect it, and loudly and proudly play the National Anthem,” he said.

White House Director of Legislative Affairs Marc Short told CNN’s Erin Burnett he was unsure who canceled on whom.

“It’s unfortunate when politics gets in the middle of this,” Short said.
Trump said he will be at the ceremony alongside the United States Marine Band and the United States Army Chorus at 3 p.m. Tuesday to “celebrate America.”

[CNN]

The feds lost — yes, lost — 1,475 migrant children

The Trump administration recently announced a new, get-tough policy that will separate parents from their children if the family is caught crossing the border illegally.

It was a big news story. So big it overshadowed the fact that the federal government has lost — yes, lost — 1,475 migrant children in its custody.

Homeland Security Secretary Kirstjen Nielsen told Congress that within 48 hours of being taken into custody the children are transferred to the Department of Health and Human Services, which finds places for them to stay.

“They will be separated from their parent,” said Sen. Kamala Harris, D-Calif.

“Just like we do in the United States every day,” Nielsen replied.

Except that the states, unlike the federal government, have systems in place to better screen the people who become guardians of the children and much better ways to keep track of those children.

And not lose them.

That is what happened to 1,475 minors swept up at the border and taken into custody by the federal government.

Gone.

The Office of Refugee Resettlement reported at the end of 2017 that of the 7,000-plus children placed with sponsored individuals, the agency did not know where 1,475 of them were.

Sen. Rob Portman, R-Ohio, said, “It’s just a system that has so many gaps, so many opportunities for these children to fall between the cracks, that we just don’t know what’s going on — how much trafficking or abuse or simply immigration law violations are occurring.”

A documentary from the PBS program Frontline said that the federal government has actually released some of the minors to human traffickers.

Imagine that.

And now we want to dramatically ramp up the number of children who are removed from their parents?

When pressed about safety concerns Secretary Nielsen said, “I just want to say, I couldn’t agree with your concerns more, period. We owe more to these children to protect them. So I’m saying I agree, we’ve taken steps and we will continue to strengthen what our partners do to protect these children.”

There are 1,475 reasons not to be reassured by the secretary’s promise.

If anything, it would have been better to have a policy in place, with protections, and safe places to stay, and safe people to stay with, and personnel on the government payroll to check-up on them before the administration’s new policy was implemented.

Secretary Nielsen said, “My decision has been that anyone who breaks the law will be prosecuted. If you are parent, or you’re a single person or if you happen to have a family, if you cross between the ports of entry we will refer you for prosecution. You have broken U.S. law.”

We all get that. And we all want a secure border. But we don’t want to trade in our humanity in the process.

As Sen. Portman told Frontline, “We’ve got these kids. They’re here. They’re living on our soil. And for us to just, you know, assume someone else is going to take care of them and throw them to the wolves, which is what HHS was doing, is flat-out wrong. I don’t care what you think about immigration policy, it’s wrong.”

He’s right.

[USA Today]

Trump on Abused Immigrant Children: “They’re Not Innocent”

In April of 2017, when Donald Trump ordered his first missile strike in Syria, the president said that he was moved by the images of children killed in suspected chemical attacks. It was a rare moment of Trump being moved by compassion, and it hasn’t been replicated.

Now the Trump administration, and John Kelly in particular, have been criticized for its decision to break up families crossing the border illegally, and for their careless planning about what to do with those children one they’re shoved into detention centers on military bases. But Trump is doubling down, claiming that those children are nothing more than criminals in the future. Per the Washington Post:

Immigrant advocates have long said that the children, primarily from Central America, are fleeing violence in their home countries and seeking safe harbor in the United States. But the Trump administration has used their plight to justify cracking down on policies that allow these migrants to be released and obtain hearings before immigration judges, rather than being deported immediately.

“We have the worst immigration laws of any country, anywhere in the world,” Trump said at the roundtable held at the Morrelly Homeland Security Center. “They exploited the loopholes in our laws to enter the country as unaccompanied alien minors.”

Trump added:

“They look so innocent. They’re not innocent.”

Trump’s not alone in thinking that. Deputy Attorney General Rod Rosenstein claimed that the gang activity that happened during his tenure U.S. attorney for Maryland was fueled by undocumented children. According to Rosenstein, those children roam the streets like Oliver Twist until they’re absorbed into criminal organizations. “We’re letting people in who are creating problems. We’re letting people in who are gang members. We’re also letting people in who are vulnerable.”

First and foremost, this is Minority Report nonsense. The argument that we have to treat as criminals anyone who might be a criminal is the logic of a full-on police state. It’s also maddening that Rosenstein would claim that it’s immigrants who are creating problems when, broadly speaking, they’re fleeing violence, economic instability, and political corruption that the U.S. exported in the first place. But what’s most infuriating is that he would use the vulnerability of children and families as a cudgel against them, essentially arguing that they need help too badly to be allowed in the country.

On the same day that Trump and Rosenstein explained why children have to be treated as a national security threat, the ACLU released a report detailing a long history of child abuse at detention centers for immigrants. According to 30,000 pages of documents obtained through the Freedom of Information Act, the ACLU alleges that Customs and Border Patrolofficials are responsible for sexual abuse, physical assault, and denial of medical care, clean water and food. A small sample of the abuses committed by officials includes:

Denied detained children permission to stand or move freely for days and threatened children who stood up with transfer to solitary confinement in a small, freezing room

Denied a pregnant minor medical attention when she reported pain, which preceded a stillbirth

Subjected a 16-year-old girl to a search in which they “forcefully spread her legs and touched her private parts so hard that she screamed”

Left a 4-pound premature baby and her minor mother in an overcrowded and dirty cell full of sick people, against medical advice

Threw out a child’s birth certificate and threatened him with sexual abuse by an adult male detainee.

Officials have denied the allegations, calling them “unfounded and baseless.” All of these reports pre-dated the Trump administration, and there’s no reason to assume that CBP has become more transparent or accountable since then. Besides, this fits nicely into Trump and Kelly’s entire reasoning for the need to imprison children in the first place: subject them to so much cruelty that others won’t try to come to the US at all.

[GQ]

Reality

First, “pre-crime” is something you would find in a sci-fi dystopian nightmare society, such as in Phillip K. Dick’s “Minority Report.”

Finally, Trump regularly falsely conflates “immigrant” with “criminal”, which primes his already xenophobic base to be more suspicious of non-Americans. The reality is immigrants contribute to our society, even illegal ones, and commit crimes at lower rates than native populations.

Trump praises conservative activist Candace Owens as a ‘very smart thinker’

President Trump on Wednesday praised conservative activist Candace Owens, who he said “is having a big impact” on American politics.

“Candace Owens of Turning Point USA is having a big impact on politics in our Country,” the president wrote on Twitter.

“She represents an ever expanding group of very smart ‘thinkers,’ and it is wonderful to watch and hear the dialogue going on…so good for our Country!”

Owens is the communications director for Turning Point USA, a conservative nonprofit that focuses on working with students on college campuses.

Rapper Kanye West recently heaped similar praise on Owens and the two later met in person.

“I love the way Candace Owens thinks,” West wrote on Twitter.

The president last year praised the founder of Turning Point USA just one day after an investigation revealed that an official with the organization had sent racist text messages. The organization fired the employee following the report.

“’The President has accomplished some absolutely historic things during this past year.’ Thank you Charlie Kirk of Turning Points USA,” Trump wrote at the time on Twitter, referring to the organization’s founder.

“Sadly, the Fake Mainstream Media will NEVER talk about our accomplishments in their end of year reviews. We are compiling a long & beautiful list.”

[The Hill]

Reality

The inflammatory Owens used a TMZ appearance to come to the defense of neo-Nazis and call the police killings of black men a trivial issue. She insisted that Trump has neither proposed harmful policies nor made offensive remarks towards African Americans.

Top staffer at a pro-Trump super PAC doubles down on claim that black people are ‘statistically’ lazier than whites

Carl Higbie, a former Trump administration official who now works as a high-ranking staffer at a super PAC connected to the president’s agenda distanced himself from racist comments he made on the radio that led to his resignation in January. Now, however, he is doubling down on his claim that black people are “statistically” lazier than whites and claiming the comments were taken out of context.

CNN’s KFILE, the blog that originally revealed the America First Policies’ staffer’s numerous bigoted comments, reported Tuesday that Higbie has since recanted his apology for the remarks he made on his radio show in 2013 and 2014. During those shows, Higbie said he believes “wholeheartedly” that the “black race as a whole” are lazier than white people. He also claimed black women use welfare “as a form of employment,” and that he doesn’t like Muslims because their “ideology sucks.”

When resigning from his position leading the government program that sponsors Americorps, Higbie said that his comments from years prior “do not reflect who I am or what I stand for” and claimed to “regret saying them.”

During a radio appearance on Friday, however, the former Trump administration official said he stands by his comments.

“They dig up a couple things, a couple. Look, I had a radio show,” Higbie told Virginia talk radio DJ John Fredericks. “How many times have you said something on radio that could possibly be construed as very controversial when taken completely out of context? What, daily?”

Higbie went on to tout his time spent “in low-income, urban minority communities” as well as his “mission trips in high school to Dominican Republic, Central America [and] South America” before saying he made a “statistical observation” about black people as a race.

“It fit their narrative,” he said of KFILE’s reporting that led to his resignation. “And because I made a statistical observation, they think that’s racist.”

CNN noted that America First Policies, Higbie’s employer, has hosted a number of events that have been attended by President Donald Trump and Vice President Mike Pence, who is scheduled to attend another such event tonight where the staffer will reportedly be. The super PAC also used to employ Pence’s chief of staff before he took his job in the White House.

[Raw Story]

DeVos Education Dept. Begins Dismissing Civil Rights Cases in Name of Efficiency

The Education Department’s Office for Civil Rights has begun dismissing hundreds of civil rights complaints under a new protocol that allows investigators to disregard cases that are part of serial filings or that they consider burdensome to the office.

Department officials said the new policy targeted advocates who flooded the office with thousands of complaints for similar violations, jamming its investigation pipeline with cases that could be resolved without exhausting staff and resources. But civil rights advocates worry that the office’s rejection of legitimate claims is the most obvious example to date of its diminishing role in enforcing civil rights laws in the nation’s schools.

Liz Hill, a spokeswoman for the Education Department, said the new provision was part of the office’s revision of its manual that lays out procedures for processing civil rights cases. The goal of the new manual, which took effect last month, is to help the office better manage its docket, investigations and resolutions, she said.

Among the changes implemented immediately is a provision that allows the Office for Civil Rights to dismiss cases that reflect “a pattern of complaints previously filed with O.C.R. by an individual or a group against multiple recipients,” or complaints “filed for the first time against multiple recipients that” place “an unreasonable burden on O.C.R.’s resources.”

So far, the provision has resulted in the dismissal of more than 500 disability rights complaints.

Catherine E. Lhamon, who led the Office for Civil Rights under the Obama administration, said the new provision undermined the mission of the office. Unlike the Justice Department, the Education Department cannot pick and choose the cases it pursues. If the office has evidence that the law has been violated, it must open a case.

“The thing that scares me is when they get to say ‘we won’t open some cases because it’s too much for us,’ or ‘we don’t like complainant,’ or ‘it’s not our week to work on that,’ you start to change the character of the office,” Ms. Lhamon said.

But Debora L. Osgood, a lawyer who worked for 25 years at the Office for Civil Rights and now consults with and represents schools on civil rights matters, praised the change. She said the provision showed that the agency was “essentially taking the reins back for control of its complaint docket.”

Ms. Osgood said that in her experience, one person could clog the pipeline in each of the agency’s 12 regional offices, limiting investigators’ ability to respond to other complaints. It often frustrated investigators who prided themselves on being able to resolve complaints promptly, she said.

[The New York Times]

Justice Department Will Pause A Legal Advice Program For Detained Immigrants

The Department of Justice will temporarily suspend funding for a legal-advice program for detained immigrants as well as a telephone help line at the end of the month, according to officials.

On Tuesday, the department alerted the Vera Institute of Justice, an immigrants rights organization that runs the Legal Orientation Program and the Immigration Court Helpdesk, that the government needs time to review the effectiveness of the program.

The most recent review occurred in 2012. According to public statements, the annual price tag of the program is about $6 million.

The Justice Department declined to explain why it has chosen to review the program when the contract expires on April 30. Officials also declined to provide a timeline for the review.

According to the Vera Institute of Justice, the program serves more than 50,000 people per year in 38 Immigration and Customs Enforcement detention centers across the country. The nonprofit works with a network of 18 legal aid organizations to provide information in multiple languages about immigrant rights and how the legal system operates.

“Without this program immigrants are effectively being stripped of access to even the most basic information,” Claudia Cubas, the litigation director for Capital Area Immigrants’ Rights Coalition, told NPR.

Cubas’ Washington, D.C.-based group provides services for undocumented immigrants in six detention centers in Maryland and Virginia. In addition to an orientation session explaining terminology and the processes of immigration cases, the nonprofit groups also try to pair individuals with pro bono attorneys who can then represent them in immigration court, Cubas said. In instances where staff members take on cases, Cubas said, the lawyers are not paid through the government program.

The program was created in 2003 under President George W. Bush.

“Without this funding, we don’t know if we’ll be able to respond to the growing detention population that we’re seeing at a local level. And given concerns about the immigration court backlog this is an incongruous decision because studies show people who get legal help can more quickly make decisions about their case,” she said.

A 2012 cost analysis by the Justice Department’s Executive Office for Immigration Review concluded that 94 percent of detained migrants who were provided services on or before the day of their first immigration court hearing spent 11 fewer days in ICE detention and completed their immigration proceedings 16 days faster than those who did not.

The same study found that the program created a net savings for the government of nearly $18 million.

In recent months, the Justice Department has made several changes to the nation’s immigration courts intended to clear a vast backlog, now estimated to be about 685,000 cases, according to Syracuse University.

The Department of Justice also announced last week that immigration judges’ job performance will be evaluated by how quickly they close cases.

[NPR]

Trump’s latest nominee for district judge is not sure about desegregation

Wendy Vitter is Trump’s latest nominee for district judge in Louisiana. Her nomination is highly controversial, and not only because the counsel for New Orleans’ Catholic archdiocese has only ever judged one federal case, over two decades ago. During her confirmation hearing, Vitter also made waves by refusing to discuss certain established US civil rights.

Yesterday, Vitter was questioned by lawmakers about her long-held anti-abortion and anti-contraception views. The nominee refused to disavow false claims about birth control, hormonal contraceptives, and abortion that she has made in the past: In 2013, while leading a panel titled “Abortion Hurts Women” Vitter claimed that that oral contraceptives can be linked to adultery and a promiscuous lifestyle that can expose women to increased risk of “violent death.” At the same panel, she encouraged anti-abortion doctors to offer brochures claiming that abortion causes cancer—a statement for which there is no scientific evidence. At a 2013 rally against Planned Parenthood, she falsely claimed that the organization “kills 150,000 female a year.”

If confirmed as a judge, Vitter could end up deciding cases invoking the right to abortion provided by the Supreme Court’s historic decision in Roe v Wade. Based on past statements, her stance on abortion and birth control could threaten Louisiana women’s access to birth control and abortion, in a state where there are only three abortion providersleft.

But while the judge nominee’s antagonism towards reproductive rights was known ahead of the hearing, another civil rights wrinkle emerged during her confirmation hearing. Asked whether Vitter supports the Supreme Court 1945 decision on Brown vs Board of Education, which ended the racial segregation in schools, she responded that she would “get into a difficult area” by commenting on SCOTUS decisions which, she says, though correctly decided, “she may disagree with.”

However, Vitter did say that as district judge she would set aside her own “personal, political and religious views” to respect the Supreme Court’s legal precedent.

“It is binding,” Vitter says, “I would be bound by it and of course I would uphold it.”

[Quartz]

Zinke tells employees diversity isn’t important

Several employees at the Interior Department have told CNN that Secretary Ryan Zinke repeatedly says that he won’t focus on diversity, an apparent talking point that has upset many people within the agency.

Three high-ranking Interior officials from three different divisions said that Zinke has made several comments with a similar theme, saying “diversity isn’t important,” or “I don’t care about diversity,” or “I don’t really think that’s important anymore.”

Each time, Zinke followed with something along the lines of, “what’s important is having the right person for the right job,” or “I care about excellence, and I’m going to get the best people, and you’ll find we have the most diverse group anyone’s ever had,” the sources said.

Interior last year unexpectedly reassigned 33 senior executive staffers, of which 15 were minorities, according to the lawyer of one of the staffers who was moved. Some of those who were reassigned have filed complaints with the US Merit Systems Board.

The accusations against Zinke come as he is under investigation by multiple agencies, including Interior’s inspector general and Office of Special Counsel, regarding employee reassignment and taxpayer spending on possible politically related travel.

Interior Department spokeswoman Heather Swift vehemently denied that Zinke said anything along those lines of criticizing the need for diversity, saying, “the anonymous claims made against the secretary are untrue.”

Swift added, “As a woman who has worked for him for a number of years in senior positions, I say without a doubt this claim is untrue, and I am hopeful that they are a result of a misunderstanding and not a deliberate mistruth.”

Swift pointed to two women and an African-American who Zinke has appointed to senior leadership positions, and said “Zinke has filled several other senior positions at the career and appointed level with individuals from diverse backgrounds.”

But Zinke’s alleged comments were particularly surprising to those who feel the agency has struggled to recruit and retain a diverse workforce.

In a hallway meet-and-greet shortly after Zinke was confirmed, one staffer told CNN that Zinke was asked about diversity at Interior, a department with about 68,000 employees, of which more than 70 percent are white, according to the Office of Personnel Management.
“(Zinke) flat out said, ‘I don’t really think that’s important anymore. We don’t need to focus on that anymore.’ He obviously needed someone to provide him with better talking points,” the staffer said.

A similar comment was made during another hallway greeting session with a different group of employees.

“He said it several times. I think it’s just how he speaks – he has his canned talking points,” said the second source, who heard the same comment from Zinke months later at a holiday party.

A third person, someone who is a minority in a leadership position in the department, said he heard a similar comment during a management meeting.

“That told me everything I needed to know,” the person said. “It’s a hard business as it is, and then not to be respected or appreciated for the diverse perspective that you bring to the situation — and that’s why it’s important in my opinion. It’s the fact that we don’t look at things the same way. When we have conversations about public lands and how they’re used, we cannot afford to have a small percentage of people making those decisions.”

Zinke came under fire from the public and at least one member of Congress earlier this month over remarks seen by some as insensitive. In testimony before the House Natural Resources committee, he greeted Rep. Colleen Hanabusa (D-Hawaii) with the Japanese greeting “Konichiwa” after she told a story about her grandparents being held in internment camps during World War II, and asked why he was cutting funding to preserve those sites.

Days later, after numerous news stories calling the remarks inappropriate, Zinke doubled down in a comment to reporters, saying “How could ever saying ‘Good morning’ be bad?”

[CNN]

Trump moves to ban most transgender troops

President Donald Trump on Friday issued orders to ban transgender troops who require surgery or significant medical treatment from serving in the military except in select cases — following through on a controversial pledge last year that has been under review by the Pentagon and fought out in the courts.

The memorandum states that while the secretary of defense and other executive branch officials will have some latitude in implementing the policy, “persons with a history or diagnosis of gender dysphoria — including individuals who the policies state may require substantial medical treatment, including medications and surgery — are disqualified from military service except under limited circumstances.”

The document provides few details about how the ban will be implemented, what will happen to those who are currently serving and under which limited circumstances transgender troops may be able to serve.

The memo also said that Secretary of Defense Jim Mattis, “in the exercise of his independent judgment, has concluded [the policies] should be adopted by the Department of Defense.”

It added that “the Secretary of Homeland Security concurs with these policies with respect to the U.S. Coast Guard,” which would also be affected by the policy.

In a subsequent statement, the White House press office explained that the policy was “developed through extensive study by senior uniformed and civilian leaders, including combat veterans.”

“The experts’ study sets forth a policy to enhance our military’s readiness, lethality, and effectiveness,” it continued, adding that officials “concluded that the accession or retention of individuals with a history or diagnosis of gender dysphoria — those who may require substantial medical treatment, including through medical drugs or surgery — presents considerable risk to military effectiveness and lethality.”

“This new policy will enable the military to apply well-established mental and physical health standards — including those regarding the use of medical drugs — equally to all individuals who want to join and fight for the best military force the world has ever seen,” the White House statement concluded.

LGBT advocates who have sought to head off such a move in the courts swiftly slammed the decision, calling it “appalling, reckless and unpatriotic.”

“Donald Trump and Mike Pence are literally wreaking havoc on the lives of our military families,” said Ashley Broadway-Mack, president of the American Military Partner Association. “This unconscionable attack on our military families cannot stand — we refuse to allow it.”

[Politico]

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