Monday 30 September 2019

ACLU: Trump’s Whistleblower Attacks Are Troubling, But Not Unprecedented

Trump’s Whistleblower Attacks Are Troubling, But Not Unprecedented
With a whistleblower under attack by the president, now is the time to strengthen whistleblower protections.

The @realDonaldTrump Twitter handle was on overdrive this weekend, assailing the anonymous whistleblower who reported that President Trump used the power of his office to solicit interference from a foreign country in the 2020 U.S. election. Like clockwork, President Trump tried to attack the whistleblower’s credibility, questioned the meager whistleblower protections currently in place, labeled those who provided information to the whistleblower as spies, and suggested such “spies” should be treated as they were in “the old days” — presumably referring to execution.

President Trump’s attacks are deeply troubling and should provide lawmakers fresh motive to strengthen whistleblower protections, particularly for the intelligence community. But, the attacks aren’t unprecedented. We’ve seen them before, and for decades have fought to protect whistleblowers from them.

Donald Trump tweet 9:42 AM - Sep 27, 2019

Joining us on ACLU’s At Liberty podcast with ACLU Executive Director Anthony Romero, NSA surveillance whistleblower Edward Snowden discusses how the president’s latest antics fit a larger, bipartisan government playbook to delegitimize and intimidate whistleblowers and those who expose government wrongdoing to the media. He also details what it means to be a whistleblower and the enormous risks they assume in order to disclose information vital to the broader public.

Below is a partial transcript of Romero’s conversation with Snowden. It has been edited in places for length and clarity. The full podcast episode will drop tonight — you can catch it here when it does.

SNOWDEN:

The whistleblower that's in the public right now I think will actually come out of this okay. They're going to be attacked. They're going to face retaliation. But I think they'll be protected because they're not indicting the system. They're indicting a man.

But that man who has been indicted by this this complaint is already out there saying, “Who is this person? You know they're acting like a spy. You know what we used to do with spies?” – implying, ‘I don't like that this person exposed me. It would be better if these people were killed.’ Right?

It's the proof that matters, not where it came from. It's, what are the facts? Is this a violation? Is it not? Whenever power faces some kind of opposition, they immediately try to change the conversation into: Who are you? How dare you? And get people talking about who brought this forward instead of what was brought forward. And that's why we need processes to account for that right.

ROMERO: 

Right. I think the part that I think is so relevant for today is what you said on the bottom of 238 [of your new memoir, Permanent Record], when you said, “A whistleblower in my definition is a person who through hard experience has concluded that their life inside an institution has become incompatible with the principles developed in and their loyalty owed to the greater society outside it. This person knows that they can't remain inside the institution and knows that the institution can't or won't be dismantled. Reforming institution might be possible, however, so they blow the whistle and disclosing information to bring public pressure to bear.” It's relevant not just for what you did in 2013, but relevant today. 

Talk to me about the decision to go to journalists. 

SNOWDEN:

Yeah. So I mean this is the thing that we are struggling with right now. And we have struggled with in this country for 50 years. I mean Daniel Ellsberg back in the 1970s when he was revealing the secret history of the Vietnam War. He was accused of all the things you see whistleblowers accused of today. He was charged under the precisely the same Espionage Act that I have been charged under. He believed he was going to spend the rest of his life in prison and he would have if Nixon hadn't pooched up the investigation.

But what you have to realize in all of these things is what drives a person to abandon the safety of their office? What drives a person to abandon the safety of the system? Whistleblowing is never rewarded. That's just not how it works. And the CIA, the NSA, the intelligence community broadly sees itself as kind of a paramilitary organization. They see following orders as equivalent to morality. You don't question the lawfulness. You don't question the propriety of what you're doing. If you question it, you end up with problems.

But what happens when the system fails? And what happens when your organization can't respond to it? What happens when you are required by the process to report the wrongdoing that you've witnessed to the people who are responsible for that wrongdoing? What if you're supposed to be going to Congress and Congress is the one who's directing the wrongdoing? What if you're supposed to go to the head of an agency and the agency's director is the one whose name is on the order that is violating the law or the Constitution?

And this is where we have seen time and time again that when you go through these proper channels, as you call them, they don't resolve the problem. Rather, they're a kind of trap where whistleblowers go into and then they're flushed from the system. The complaints are buried, the programs are shored up and made even more secret. And the person who reported them has their life destroyed. They lose their career. In some cases, they lose their freedom, their family. These are not hypotheticals – we can cite names if you want them. 

But this is where we go. All right. There's all this risk. How do we ensure that the public's interest is what's actually served? I mean this is where the whistleblower takes an enormous amount of risk stepping outside of that system to tell the public what they need to know.



Published October 1, 2019 at 03:15AM
via ACLU https://ift.tt/2nYE3qV

ACLU: The Trump Administration is Waging a War on People Fleeing Persecution. We Can’t Let Them Win.

The Trump Administration is Waging a War on People Fleeing Persecution. We Can’t Let Them Win.
The ACLU is in court tomorrow fighting to block cruel anti-asylum policies, but we need your help.

In June 1939, a passenger ship named the St. Louis approached the coast of Florida, planning to dock in Miami. The boat was packed with nearly a thousand refugees fleeing Nazi persecution in Europe. Most were Jewish, and they thought they’d find a safe haven in the United States.

They were wrong. President Franklin Roosevelt denied their pleas for help, and the U.S. Coast Guard prevented the St. Louis from reaching our shores. By the end of World War 2, nearly a third of the people on board had been killed by the Nazis.

As Europe emerged from the inferno of war and the Holocaust, nations across the world resolved that people fleeing violence and persecution, like those on the St. Louis, would no longer be met with indifference by other nations. In 1951, the Refugee Convention was signed, and by 1980 Congress enshrined the principle of asylum for refugees in domestic immigration law. Under both Republican and Democratic administrations, America has been a leader in providing humanitarian protections to people fleeing persecution, torture, and genocide.

For decades, these protections have been the law of the land in the U.S. We have sheltered people from across the globe, enriching our communities and proudly standing as a beacon of hope in the process.

Today, the U.S. government under President Donald Trump is doing everything it can to destroy those protections. And although the ACLU and our partners have managed to block some of their efforts, the administration is currently being allowed to implement key aspects of its ruthless agenda on the ground.

In the past few months, nearly 50,000 vulnerable asylum-seekers have been placed into a cruel program that forcibly returns them to Mexico before their applications are even processed by U.S. immigration authorities. The program was designed for one purpose: to make it so difficult and dangerous to apply for asylum that people will simply give up and return to the persecution they fled. Cartels and criminals in the border cities where asylum-seekers are stuck have learned they are easy prey for extortion, kidnapping, and sexual assault.

And that’s not all. Another new policy bans virtually all asylum-seekers from receiving asylum if they arrived at the border after transiting through a ‘third-country.' This regulation is especially vicious, given the dangerous overland journeys many asylum-seekers make, and the inability of most to arrive directly in the U.S. from their home country without passing through another one first.

The stories emerging from the border right now due to these policies are horrifying. Border Patrol agents giving pregnant women medication to stop their contractions so they can be dumped in Mexico without shelter. Children kidnapped after being placed into the program, with their assailants threatening to kill them and sell their organs. Vulnerable young women raped and assaulted in cities where they don’t know anyone and can’t rely on the authorities for protection. Entire families stuck in squalid tent camps just a stone’s throw from safety in the U.S.

What we know of the dangers these people are facing on our doorstep is just the tip of the iceberg. Because advocates, journalists, and lawyers have limited access to them, most of their suffering is unheard and unseen by people in the U.S. After harrowing journeys fleeing gang violence, political persecution, domestic abuse, and ethnic targeting, they’ve found only indifference at our hands.

The Trump Administration can’t be allowed to unilaterally strip people of humanitarian protections created by Congress.  A majority of the judges who have considered our challenge to the forced return to Mexico program have found it has serious legal flaws, but the government has been permitted to implement it during the initial stage of litigation anyway. It has thus become part of a virtual border wall being built by Trump as he builds his physical one. And no degree of cruelty goes too far for its architects.

They want you to believe that the asylum system was broken before they took office, and that these policies were created to stop people from “gaming the system.” In fact, the opposite is true: the administration's policies are causing chaos and making the system unworkable for people who need – and are legally entitled to – our protection. In 2017, for example, it ended a program that had assisted asylum-seekers in attending 99% of check-ins and court dates while claiming that it needs to radically expand the immigration detention system because asylum-seekers don't show up for hearings. Government asylum officers themselves call Trump’s new asylum policies a “supervillain plan” and immigration judges have described the newly created “tent courts” as something that might exist in “China or Russia.”

The president and his appointees are the ones breaking the asylum system, and they are hoping that you won’t notice or be outraged. They want the people pleading for help at our border to stay out of sight and out of mind, and for you to assume they’re someone else’s problem. We can’t let that happen.

We’re in court tomorrow challenging two of Trump’s most ruthless anti-asylum policies. The stakes could not be higher. If these policies are allowed to stand, tens of thousands of people will remain in danger, with few options other than to return back to the persecution they're trying to escape. Make no mistake, that’s exactly what this administration wants.

There is no way to sugar-coat the reality of what’s happening at the border. Our government is waging a war on asylum-seekers, and it's counting on the American public to stay silent and not pay attention. We’re doing what we can in the courts and in Congress, but we need you to get informed, get angry, and generate public pressure on our elected officials – as well as all the presidential candidates – to demand an immediate reversal of these policies.

We need your help, and so do the vulnerable families in danger at our doorstep within arms reach of the safety they deserve. It’s time for us to look at ourselves in the mirror and decide who we want to be. Are we going to protect those families and welcome them onto our shores, or will we be like those who turned the St. Louis away and condemned hundreds of its passengers to death?



Published October 1, 2019 at 02:00AM
via ACLU https://ift.tt/2oJYYyh

ACLU: Trump’s Whistleblower Attacks Are Troubling, But Not Unprecedented

Trump’s Whistleblower Attacks Are Troubling, But Not Unprecedented
With a whistleblower under attack by the president, now is the time to strengthen whistleblower protections.

The @realDonaldTrump Twitter handle was on overdrive this weekend, assailing the anonymous whistleblower who reported that President Trump used the power of his office to solicit interference from a foreign country in the 2020 U.S. election. Like clockwork, President Trump tried to attack the whistleblower’s credibility, questioned the meager whistleblower protections currently in place, labeled those who provided information to the whistleblower as spies, and suggested such “spies” should be treated as they were in “the old days” — presumably referring to execution.

President Trump’s attacks are deeply troubling and should provide lawmakers fresh motive to strengthen whistleblower protections, particularly for the intelligence community. But, the attacks aren’t unprecedented. We’ve seen them before, and for decades have fought to protect whistleblowers from them.

Donald Trump tweet 9:42 AM - Sep 27, 2019

Joining us on ACLU’s At Liberty podcast with ACLU Executive Director Anthony Romero, NSA surveillance whistleblower Edward Snowden discusses how the president’s latest antics fit a larger, bipartisan government playbook to delegitimize and intimidate whistleblowers and those who expose government wrongdoing to the media. He also details what it means to be a whistleblower and the enormous risks they assume in order to disclose information vital to the broader public.

Below is a partial transcript of Romero’s conversation with Snowden. It has been edited in places for length and clarity. The full podcast episode will drop tonight — you can catch it here when it does.

SNOWDEN:

The whistleblower that's in the public right now I think will actually come out of this okay. They're going to be attacked. They're going to face retaliation. But I think they'll be protected because they're not indicting the system. They're indicting a man.

But that man who has been indicted by this this complaint is already out there saying, “Who is this person? You know they're acting like a spy. You know what we used to do with spies?” – implying, ‘I don't like that this person exposed me. It would be better if these people were killed.’ Right?

It's the proof that matters, not where it came from. It's, what are the facts? Is this a violation? Is it not? Whenever power faces some kind of opposition, they immediately try to change the conversation into: Who are you? How dare you? And get people talking about who brought this forward instead of what was brought forward. And that's why we need processes to account for that right.

ROMERO: 

Right. I think the part that I think is so relevant for today is what you said on the bottom of 238 [of your new memoir, Permanent Record], when you said, “A whistleblower in my definition is a person who through hard experience has concluded that their life inside an institution has become incompatible with the principles developed in and their loyalty owed to the greater society outside it. This person knows that they can't remain inside the institution and knows that the institution can't or won't be dismantled. Reforming institution might be possible, however, so they blow the whistle and disclosing information to bring public pressure to bear.” It's relevant not just for what you did in 2013, but relevant today. 

Talk to me about the decision to go to journalists. 

SNOWDEN:

Yeah. So I mean this is the thing that we are struggling with right now. And we have struggled with in this country for 50 years. I mean Daniel Ellsberg back in the 1970s when he was revealing the secret history of the Vietnam War. He was accused of all the things you see whistleblowers accused of today. He was charged under the precisely the same Espionage Act that I have been charged under. He believed he was going to spend the rest of his life in prison and he would have if Nixon hadn't pooched up the investigation.

But what you have to realize in all of these things is what drives a person to abandon the safety of their office? What drives a person to abandon the safety of the system? Whistleblowing is never rewarded. That's just not how it works. And the CIA, the NSA, the intelligence community broadly sees itself as kind of a paramilitary organization. They see following orders as equivalent to morality. You don't question the lawfulness. You don't question the propriety of what you're doing. If you question it, you end up with problems.

But what happens when the system fails? And what happens when your organization can't respond to it? What happens when you are required by the process to report the wrongdoing that you've witnessed to the people who are responsible for that wrongdoing? What if you're supposed to be going to Congress and Congress is the one who's directing the wrongdoing? What if you're supposed to go to the head of an agency and the agency's director is the one whose name is on the order that is violating the law or the Constitution?

And this is where we have seen time and time again that when you go through these proper channels, as you call them, they don't resolve the problem. Rather, they're a kind of trap where whistleblowers go into and then they're flushed from the system. The complaints are buried, the programs are shored up and made even more secret. And the person who reported them has their life destroyed. They lose their career. In some cases, they lose their freedom, their family. These are not hypotheticals – we can cite names if you want them. 

But this is where we go. All right. There's all this risk. How do we ensure that the public's interest is what's actually served? I mean this is where the whistleblower takes an enormous amount of risk stepping outside of that system to tell the public what they need to know.



Published September 30, 2019 at 10:45PM
via ACLU https://ift.tt/2nYE3qV

ACLU: The Trump Administration is Waging a War on People Fleeing Persecution. We Can’t Let Them Win.

The Trump Administration is Waging a War on People Fleeing Persecution. We Can’t Let Them Win.
The ACLU is in court tomorrow fighting to block cruel anti-asylum policies, but we need your help.

In June 1939, a passenger ship named the St. Louis approached the coast of Florida, planning to dock in Miami. The boat was packed with nearly a thousand refugees fleeing Nazi persecution in Europe. Most were Jewish, and they thought they’d find a safe haven in the United States.

They were wrong. President Franklin Roosevelt denied their pleas for help, and the U.S. Coast Guard prevented the St. Louis from reaching our shores. By the end of World War 2, nearly a third of the people on board had been killed by the Nazis.

As Europe emerged from the inferno of war and the Holocaust, nations across the world resolved that people fleeing violence and persecution, like those on the St. Louis, would no longer be met with indifference by other nations. In 1951, the Refugee Convention was signed, and by 1980 Congress enshrined the principle of asylum for refugees in domestic immigration law. Under both Republican and Democratic administrations, America has been a leader in providing humanitarian protections to people fleeing persecution, torture, and genocide.

For decades, these protections have been the law of the land in the U.S. We have sheltered people from across the globe, enriching our communities and proudly standing as a beacon of hope in the process.

Today, the U.S. government under President Donald Trump is doing everything it can to destroy those protections. And although the ACLU and our partners have managed to block some of their efforts, the administration is currently being allowed to implement key aspects of its ruthless agenda on the ground.

In the past few months, nearly 50,000 vulnerable asylum-seekers have been placed into a cruel program that forcibly returns them to Mexico before their applications are even processed by U.S. immigration authorities. The program was designed for one purpose: to make it so difficult and dangerous to apply for asylum that people will simply give up and return to the persecution they fled. Cartels and criminals in the border cities where asylum-seekers are stuck have learned they are easy prey for extortion, kidnapping, and sexual assault.

And that’s not all. Another new policy bans virtually all asylum-seekers from receiving asylum if they arrived at the border after transiting through a ‘third-country.' This regulation is especially vicious, given the dangerous overland journeys many asylum-seekers make, and the inability of most to arrive directly in the U.S. from their home country without passing through another one first.

The stories emerging from the border right now due to these policies are horrifying. Border Patrol agents giving pregnant women medication to stop their contractions so they can be dumped in Mexico without shelter. Children kidnapped after being placed into the program, with their assailants threatening to kill them and sell their organs. Vulnerable young women raped and assaulted in cities where they don’t know anyone and can’t rely on the authorities for protection. Entire families stuck in squalid tent camps just a stone’s throw from safety in the U.S.

What we know of the dangers these people are facing on our doorstep is just the tip of the iceberg. Because advocates, journalists, and lawyers have limited access to them, most of their suffering is unheard and unseen by people in the U.S. After harrowing journeys fleeing gang violence, political persecution, domestic abuse, and ethnic targeting, they’ve found only indifference at our hands.

The Trump Administration can’t be allowed to unilaterally strip people of humanitarian protections created by Congress.  A majority of the judges who have considered our challenge to the forced return to Mexico program have found it has serious legal flaws, but the government has been permitted to implement it during the initial stage of litigation anyway. It has thus become part of a virtual border wall being built by Trump as he builds his physical one. And no degree of cruelty goes too far for its architects.

They want you to believe that the asylum system was broken before they took office, and that these policies were created to stop people from “gaming the system.” In fact, the opposite is true: the administration's policies are causing chaos and making the system unworkable for people who need – and are legally entitled to – our protection. In 2017, for example, it ended a program that had assisted asylum-seekers in attending 99% of check-ins and court dates while claiming that it needs to radically expand the immigration detention system because asylum-seekers don't show up for hearings. Government asylum officers themselves call Trump’s new asylum policies a “supervillain plan” and immigration judges have described the newly created “tent courts” as something that might exist in “China or Russia.”

The president and his appointees are the ones breaking the asylum system, and they are hoping that you won’t notice or be outraged. They want the people pleading for help at our border to stay out of sight and out of mind, and for you to assume they’re someone else’s problem. We can’t let that happen.

We’re in court tomorrow challenging two of Trump’s most ruthless anti-asylum policies. The stakes could not be higher. If these policies are allowed to stand, tens of thousands of people will remain in danger, with few options other than to return back to the persecution they're trying to escape. Make no mistake, that’s exactly what this administration wants.

There is no way to sugar-coat the reality of what’s happening at the border. Our government is waging a war on asylum-seekers, and it's counting on the American public to stay silent and not pay attention. We’re doing what we can in the courts and in Congress, but we need you to get informed, get angry, and generate public pressure on our elected officials – as well as all the presidential candidates – to demand an immediate reversal of these policies.

We need your help, and so do the vulnerable families in danger at our doorstep within arms reach of the safety they deserve. It’s time for us to look at ourselves in the mirror and decide who we want to be. Are we going to protect those families and welcome them onto our shores, or will we be like those who turned the St. Louis away and condemned hundreds of its passengers to death?



Published September 30, 2019 at 09:30PM
via ACLU https://ift.tt/2oJYYyh

Friday 27 September 2019

Editor’s Roundtable: Democracy Needs Healing Crystals

On our September 27, 2019 roundtable episode of the Longreads Podcast, Head of Audience Catherine Cusick, Head of Fact-Checking Matt Giles, and Contributing Editor Aaron Gilbreath share what they’ve been reading and nominate stories for the Weekly Top 5 Longreads.

This week, the editors discuss stories in The New Yorker, The Guardian, and Politico.


Subscribe and listen now everywhere you get your podcasts.


0:45 Will Hunter Biden Jeopardize His Father’s Campaign? (Adam Entous, July 1, 2019, The New Yorker)

13:33 Dark Crystals: The Brutal Reality Behind a Booming Wellness Craze (Tess McClure, September 17, 2019, The Guardian)

21:36 These 5 Places Tried Bold Political Experiments. Did They Work? (Amelia Lester, Jill Filipovic, Todd N. Tucker, Astra Taylor, Ruairi Arrieta-Kenna, September 21, 2019, Politico)

* * *

Produced by Longreads and Charts & Leisure.

ACLU: Trump Announces Plan to Admit Fewer Refugees Than Any Previous President

Trump Announces Plan to Admit Fewer Refugees Than Any Previous President
Another attack on Muslims and communities of color seeking safety.

The Trump administration yesterday announced its plan to admit 18,000 refugees this fiscal year, taking another step in its agenda to dismantle the program that has long provided protection for people and families seeking safety from persecution. This sickening announcement is consistent with Trump’s attacks on refugees, Muslims, and immigrants across the board — particularly those who are Brown or Black.

The U.S. has long been a global leader in refugee admissions. By the end of the Obama administration, the United States’ annual refugee admissions ceiling was 110,000 — and many felt it should be higher in light of multiple international crises that were causing many people to flee their homes. Given that many of these crises were in Muslim-majority countries like Syria, and that some Muslim communities, like the Rohingya in Myanmar, were being specifically targeted for persecution, nearly half of refugees admitted to the U.S. at the time were Muslim.

While crises around the world continue, the Trump administration has consistently and significantly reduced refugee admissions, lowering the previous 110,000 admissions ceiling to 45,000 in fiscal year 18; 30,000 in FY 19; and now to 18,000 in FY 20. This is consistent with their targeting of Black and Brown people, including Muslims whose admissions dropped to 17 percent in the first half of FY 18 (as compared to the then 63 percent Christian admissions). In addition, only 62 Syrians were admitted in FY 18 — a 99.05 percent decline from FY 17 to FY 18.

These attacks on those seeking our help through the refugee program have extended to individuals seeking asylum. The asylum program, like the refugee admissions program, is intended to help those seeking refuge from persecution. While those applying for refugee status apply from abroad, those seeking asylum apply in the U.S. In fact, many are making claims at our southern border and others are already living in the United States.

The substance of the claims is the same — people in need, calling for our help, asking that we welcome them so that they may survive. These humanitarian programs are a part of our immigration laws and are the country we strive to be.

But the administration disagrees, and is trying to unilaterally erase these protections.  Just recently, for example, the administration abruptly announced that individuals, other than Mexicans, at our southern border can’t get asylum here unless they apply for protection in a third country and are rejected there. This directive could virtually shut down a large part of the asylum system. It has been challenged in an ACLU lawsuit and found unlawful by multiple courts, but is currently being implemented while the litigation continues. 

With that policy and yesterday’s announcement, Trump continues the legacy he began with the Muslim ban, betraying communities and implementing discriminatory and hateful policies. The original Muslim ban included a ban on refugees. Even once the administration split the Muslim and refugee ban into two orders, the targeted countries for the refugee ban were almost entirely Muslim-majority countries. And now, the administration’s minimal number of  refugee admissions is another part of Trump’s systemic effort to dismantle our humanitarian programs and further eliminate admissions of Muslims, Black, and Brown people.

Trump is doing everything he can, whether through policy or early morning Twitter rants, to send people back to the “places from which they came” or prevent them from coming at all. His rhetoric and his policies are consistent — spreading the message that Congresswoman Omar, a U.S. citizen, is less than American, while simultaneously dismantling the refugee process through which she came to the U.S. 

There is a Muslim ban in place, the administration has slowly but surely put forward policies to dismantle the asylum process, and visa numbers for Brown and Black immigrants have dropped significantly in the employment and family-based system. The agenda is clear.

The implementation of these discriminatory policies and processes are as revolting as Trump’s rhetoric and attacks on people of color and other marginalized communities. These attacks are part of the fabric of this administration and cannot be viewed in isolation. They are part of his anti-immigrant agenda to turn our backs on those in need. That may be Trump’s version of America, but it’s not ours. And we won’t stop fighting until our country reflects the humanity, diversity, and justice for which we strive. This is our America.



Published September 27, 2019 at 07:00PM
via ACLU https://ift.tt/2lLqN8i

ACLU: Trump Announces Plan to Admit Fewer Refugees Than Any Previous President

Trump Announces Plan to Admit Fewer Refugees Than Any Previous President
Another attack on Muslims and communities of color seeking safety.

The Trump administration yesterday announced its plan to admit 18,000 refugees this fiscal year, taking another step in its agenda to dismantle the program that has long provided protection for people and families seeking safety from persecution. This sickening announcement is consistent with Trump’s attacks on refugees, Muslims, and immigrants across the board — particularly those who are Brown or Black.

The U.S. has long been a global leader in refugee admissions. By the end of the Obama administration, the United States’ annual refugee admissions ceiling was 110,000 — and many felt it should be higher in light of multiple international crises that were causing many people to flee their homes. Given that many of these crises were in Muslim-majority countries like Syria, and that some Muslim communities, like the Rohingya in Myanmar, were being specifically targeted for persecution, nearly half of refugees admitted to the U.S. at the time were Muslim.

While crises around the world continue, the Trump administration has consistently and significantly reduced refugee admissions, lowering the previous 110,000 admissions ceiling to 45,000 in fiscal year 18; 30,000 in FY 19; and now to 18,000 in FY 20. This is consistent with their targeting of Black and Brown people, including Muslims whose admissions dropped to 17 percent in the first half of FY 18 (as compared to the then 63 percent Christian admissions). In addition, only 62 Syrians were admitted in FY 18 — a 99.05 percent decline from FY 17 to FY 18.

These attacks on those seeking our help through the refugee program have extended to individuals seeking asylum. The asylum program, like the refugee admissions program, is intended to help those seeking refuge from persecution. While those applying for refugee status apply from abroad, those seeking asylum apply in the U.S. In fact, many are making claims at our southern border and others are already living in the United States.

The substance of the claims is the same — people in need, calling for our help, asking that we welcome them so that they may survive. These humanitarian programs are a part of our immigration laws and are the country we strive to be.

But the administration disagrees, and is trying to unilaterally erase these protections.  Just recently, for example, the administration abruptly announced that individuals, other than Mexicans, at our southern border can’t get asylum here unless they apply for protection in a third country and are rejected there. This directive could virtually shut down a large part of the asylum system. It has been challenged in an ACLU lawsuit and found unlawful by multiple courts, but is currently being implemented while the litigation continues. 

With that policy and yesterday’s announcement, Trump continues the legacy he began with the Muslim ban, betraying communities and implementing discriminatory and hateful policies. The original Muslim ban included a ban on refugees. Even once the administration split the Muslim and refugee ban into two orders, the targeted countries for the refugee ban were almost entirely Muslim-majority countries. And now, the administration’s minimal number of  refugee admissions is another part of Trump’s systemic effort to dismantle our humanitarian programs and further eliminate admissions of Muslims, Black, and Brown people.

Trump is doing everything he can, whether through policy or early morning Twitter rants, to send people back to the “places from which they came” or prevent them from coming at all. His rhetoric and his policies are consistent — spreading the message that Congresswoman Omar, a U.S. citizen, is less than American, while simultaneously dismantling the refugee process through which she came to the U.S. 

There is a Muslim ban in place, the administration has slowly but surely put forward policies to dismantle the asylum process, and visa numbers for Brown and Black immigrants have dropped significantly in the employment and family-based system. The agenda is clear.

The implementation of these discriminatory policies and processes are as revolting as Trump’s rhetoric and attacks on people of color and other marginalized communities. These attacks are part of the fabric of this administration and cannot be viewed in isolation. They are part of his anti-immigrant agenda to turn our backs on those in need. That may be Trump’s version of America, but it’s not ours. And we won’t stop fighting until our country reflects the humanity, diversity, and justice for which we strive. This is our America.



Published September 27, 2019 at 11:30PM
via ACLU https://ift.tt/2lLqN8i

ACLU: The Trump Administration Can’t Force Colleges to Further Its Anti-Muslim Agenda

The Trump Administration Can’t Force Colleges to Further Its Anti-Muslim Agenda
We're demanding the administration end its politicized investigation into Duke-UNC's Middle East Studies program, and turn over all related records.

In a move that would make even Senator McCarthy blush, the Trump administration is threatening to pull federal funding from a Middle East Studies program for failing to toe the government’s line on Islam and Muslims.

Last week, Betsy DeVos’s Department of Education sent a letter to administrators of the Duke-UNC Consortium for Middle East Studies — a jointly run program that receives federal funding under Title VI of the Higher Education Act — warning that the department would cut the Consortium’s federal aid unless the Consortium submits plans to remake its Middle East studies program and curriculum to the department’s satisfaction. Among other complaints, the department demanded that the Consortium temper its portrayal of “the positive aspects” of Islam and cease “advancing ideological priorities.”

The department’s attempt to inject the Trump administration’s long pattern of anti-Muslim bigotry and discrimination into higher education represents a significant threat to academic freedom at colleges and universities like UNC and Duke. In response, the ACLU sent a letter today urging Secretary DeVos to end the department’s investigation into the Consortium and to prevent future attempts to politicize federal funding for higher education. We also filed a Freedom of Information Act request for records related to the department’s decision to investigate the Consortium as well as any similar investigations the department may have undertaken at other educational institutions that receive Title VI funding.

The origins of the Education Department’s investigation are as troubling as the letter itself. In June, Secretary DeVos ordered an inquiry into whether the Duke-UNC Consortium misused its Title VI funds to sponsor a conference on the Gaza conflict, after a member of Congress accused the conference of “radical anti-Israel bias.” As it turned out, less than $200 of federal funds were spent on the event. When this allegation didn’t stick, it appears that the department — not content to let the matter rest — scoured the Consortium’s programming to ferret out other objectionable viewpoints and purported deficiencies.

The department identifies a number of ways in which the Consortium supposedly violates the Title VI funding requirements, not only complaining about the curriculum’s inclusion of “positive aspects of Islam” but also accusing the Consortium of inappropriately “advancing ideological priorities.” As we explain in our letter to Secretary DeVos, however, it is the Department of Education — not the Consortium — that inappropriately attempts to advance ideological priorities

Although the government may attach certain conditions to the use of federal funding — such as compliance with statutory and constitutional requirements — the proud boast of our universities is that they are free from the ideological micromanagement of the government censor. Title VI does not, and cannot, authorize the government to require federal funding recipients to de-emphasize the “positive aspects of Islam” to the Department’s satisfaction. The Department’s assumption of such authority threatens core constitutional principles protecting freedom of speech and freedom of religion. 

This ham-fisted attempt to wield funding authority over the Consortium’s academic programming illustrates yet again the Trump Administration’s deep-seated anti-Muslim bias. It should also be alarming to anyone who cares about academic freedom, a bedrock principle of higher education.

Higher education institutions throughout the country are now on false notice that federal funding requires conformity to the Trump administration’s ideological standards. The Department’s ultimatum issued to the Consortium will no doubt have a chilling effect on these institutions as they determine the curricular content of federally funded programming. That’s why we’re asking Secretary DeVos to terminate the Department’s investigation into the Duke-UNC Consortium and to take affirmative measures to prevent similar politicized investigations in the future.

Colleges and universities are under no obligation to further the administration’s anti-Muslim agenda. The government has a constitutional obligation to respect that.



Published September 27, 2019 at 04:15PM
via ACLU https://ift.tt/2n9T3Sh

ACLU: The Trump Administration Can’t Force Colleges to Further Its Anti-Muslim Agenda

The Trump Administration Can’t Force Colleges to Further Its Anti-Muslim Agenda
We're demanding the administration end its politicized investigation into Duke-UNC's Middle East Studies program, and turn over all related records.

In a move that would make even Senator McCarthy blush, the Trump administration is threatening to pull federal funding from a Middle East Studies program for failing to toe the government’s line on Islam and Muslims.

Last week, Betsy DeVos’s Department of Education sent a letter to administrators of the Duke-UNC Consortium for Middle East Studies — a jointly run program that receives federal funding under Title VI of the Higher Education Act — warning that the department would cut the Consortium’s federal aid unless the Consortium submits plans to remake its Middle East studies program and curriculum to the department’s satisfaction. Among other complaints, the department demanded that the Consortium temper its portrayal of “the positive aspects” of Islam and cease “advancing ideological priorities.”

The department’s attempt to inject the Trump administration’s long pattern of anti-Muslim bigotry and discrimination into higher education represents a significant threat to academic freedom at colleges and universities like UNC and Duke. In response, the ACLU sent a letter today urging Secretary DeVos to end the department’s investigation into the Consortium and to prevent future attempts to politicize federal funding for higher education. We also filed a Freedom of Information Act request for records related to the department’s decision to investigate the Consortium as well as any similar investigations the department may have undertaken at other educational institutions that receive Title VI funding.

The origins of the Education Department’s investigation are as troubling as the letter itself. In June, Secretary DeVos ordered an inquiry into whether the Duke-UNC Consortium misused its Title VI funds to sponsor a conference on the Gaza conflict, after a member of Congress accused the conference of “radical anti-Israel bias.” As it turned out, less than $200 of federal funds were spent on the event. When this allegation didn’t stick, it appears that the department — not content to let the matter rest — scoured the Consortium’s programming to ferret out other objectionable viewpoints and purported deficiencies.

The department identifies a number of ways in which the Consortium supposedly violates the Title VI funding requirements, not only complaining about the curriculum’s inclusion of “positive aspects of Islam” but also accusing the Consortium of inappropriately “advancing ideological priorities.” As we explain in our letter to Secretary DeVos, however, it is the Department of Education — not the Consortium — that inappropriately attempts to advance ideological priorities

Although the government may attach certain conditions to the use of federal funding — such as compliance with statutory and constitutional requirements — the proud boast of our universities is that they are free from the ideological micromanagement of the government censor. Title VI does not, and cannot, authorize the government to require federal funding recipients to de-emphasize the “positive aspects of Islam” to the Department’s satisfaction. The Department’s assumption of such authority threatens core constitutional principles protecting freedom of speech and freedom of religion. 

This ham-fisted attempt to wield funding authority over the Consortium’s academic programming illustrates yet again the Trump Administration’s deep-seated anti-Muslim bias. It should also be alarming to anyone who cares about academic freedom, a bedrock principle of higher education.

Higher education institutions throughout the country are now on false notice that federal funding requires conformity to the Trump administration’s ideological standards. The Department’s ultimatum issued to the Consortium will no doubt have a chilling effect on these institutions as they determine the curricular content of federally funded programming. That’s why we’re asking Secretary DeVos to terminate the Department’s investigation into the Duke-UNC Consortium and to take affirmative measures to prevent similar politicized investigations in the future.

Colleges and universities are under no obligation to further the administration’s anti-Muslim agenda. The government has a constitutional obligation to respect that.



Published September 27, 2019 at 08:45PM
via ACLU https://ift.tt/2n9T3Sh

Thursday 26 September 2019

ACLU: Kentucky’s Abortion Law Forces Me to Humiliate My Patients

Kentucky’s Abortion Law Forces Me to Humiliate My Patients
H.B. 2 is cruel, offensive, and the Supreme Court should strike it down.

I’m a doctor at the only abortion clinic in Kentucky. Providing safe, compassionate medical care has been my life’s calling, and my patients’ well-being is always my first priority. But Kentucky politicians — determined as usual to interfere with access to reproductive healthcare — are trying to force me to harm and humiliate the patients who entrust me with their welfare. That’s why I’m joining with the ACLU today to ask the Supreme Court to keep Kentucky lawmakers’ insulting, anti-abortion political agenda out of the exam room. 

H.B. 2, the law we’re asking the Supreme Court to review, is cruel and offensive. It mandates that I display an ultrasound to every abortion patient, describe it in detail, and play the sound of the fetal heartbeat — even if the patient does not want it, even if in my medical judgment I believe that forcing it on them will cause them harm. The law forces me to do this to a patient who is half-naked on the exam table, usually with their feet in stirrups and an ultrasound probe inside their vagina. With my patient in this exposed and vulnerable position, the law forces me to keep displaying and describing the image, even when the patient shuts her eyes and covers her ears. 

Take a moment to imagine what this must be like. To tell your doctor, “thank you, but I don’t want to hear you describe the ultrasound,” and to have your doctor tell you that you have no say in the matter — that you must lie there, undressed, with an ultrasound probe inside of you, and have the images described to you in government-mandated detail over your objection. Even if the patient has already had one or more ultrasounds performed. Even if the fetus has been diagnosed with a condition incompatible with survival. Or even if the patient is pregnant as a result of sexual assault, and having to watch and listen to the ultrasound over their objection forces them to relive that trauma. 

We have had patients burst into tears when we tell them that they must undergo an unwanted narrated ultrasound and that they must close their eyes and cover their ears if they want to avoid the speech Kentucky politicians insist we force upon them. I’ve had patients sob through the experience, and others pull their shirts up over their faces to cover their eyes. 

As physicians who have dedicated our professional lives to providing compassionate medical care, being ordered by politicians to force this unwanted and harmful experience on patients who have sought our help is appalling. It goes against the very fundamentals of our role as healers and violates the trust at the heart of the physician-patient relationship. 

My patients’ health and well-being come first, and if there is anything I can do to protect them from politicians trying to barge into the exam room, I will do it. Today, that includes asking the Supreme Court to put an end to this insulting political intrusion.

Enough is enough. 



Published September 26, 2019 at 06:15PM
via ACLU https://ift.tt/2lowSHs

ACLU: Kentucky’s Abortion Law Forces Me to Humiliate My Patients

Kentucky’s Abortion Law Forces Me to Humiliate My Patients
H.B. 2 is cruel, offensive, and the Supreme Court should strike it down.

I’m a doctor at the only abortion clinic in Kentucky. Providing safe, compassionate medical care has been my life’s calling, and my patients’ well-being is always my first priority. But Kentucky politicians — determined as usual to interfere with access to reproductive healthcare — are trying to force me to harm and humiliate the patients who entrust me with their welfare. That’s why I’m joining with the ACLU today to ask the Supreme Court to keep Kentucky lawmakers’ insulting, anti-abortion political agenda out of the exam room. 

H.B. 2, the law we’re asking the Supreme Court to review, is cruel and offensive. It mandates that I display an ultrasound to every abortion patient, describe it in detail, and play the sound of the fetal heartbeat — even if the patient does not want it, even if in my medical judgment I believe that forcing it on them will cause them harm. The law forces me to do this to a patient who is half-naked on the exam table, usually with their feet in stirrups and an ultrasound probe inside their vagina. With my patient in this exposed and vulnerable position, the law forces me to keep displaying and describing the image, even when the patient shuts her eyes and covers her ears. 

Take a moment to imagine what this must be like. To tell your doctor, “thank you, but I don’t want to hear you describe the ultrasound,” and to have your doctor tell you that you have no say in the matter — that you must lie there, undressed, with an ultrasound probe inside of you, and have the images described to you in government-mandated detail over your objection. Even if the patient has already had one or more ultrasounds performed. Even if the fetus has been diagnosed with a condition incompatible with survival. Or even if the patient is pregnant as a result of sexual assault, and having to watch and listen to the ultrasound over their objection forces them to relive that trauma. 

We have had patients burst into tears when we tell them that they must undergo an unwanted narrated ultrasound and that they must close their eyes and cover their ears if they want to avoid the speech Kentucky politicians insist we force upon them. I’ve had patients sob through the experience, and others pull their shirts up over their faces to cover their eyes. 

As physicians who have dedicated our professional lives to providing compassionate medical care, being ordered by politicians to force this unwanted and harmful experience on patients who have sought our help is appalling. It goes against the very fundamentals of our role as healers and violates the trust at the heart of the physician-patient relationship. 

My patients’ health and well-being come first, and if there is anything I can do to protect them from politicians trying to barge into the exam room, I will do it. Today, that includes asking the Supreme Court to put an end to this insulting political intrusion.

Enough is enough. 



Published September 26, 2019 at 10:45PM
via ACLU https://ift.tt/2lowSHs

What Should Universal Basic Income Look Like?

Livia Gershon | Longreads | September 2019 | 9 minutes (2,264 words)

Andrew Yang, presidential candidate, serial entrepreneur, and icon of Silicon Valley futurism, has a vision. As you know if you’ve ever heard his name, Yang supports a universal basic income, $1,000 a month paid by the government to every American citizen, from part-time baristas to millionaire bond traders. To Yang, the UBI, as it’s called, is the answer to nearly every question about the economy. For out-of-work machinists, it’s a cushion that would make it possible to reorient to a new job. For would-be entrepreneurs, it’s the cost of ramen and a bed while they hustle to get off the ground. For stay-at-home parents, it’s recognition and support for crucial unpaid labor. For down-on-their-luck towns, it’s an economic stimulus plan.

“This is the trickle up economy from our people, families, and communities—up,” Yang told Face the Nation in August. “It will create over two million new jobs in our communities because the money will go right into local mainstream businesses, to car repairs, daycare expenses, Little League sign-ups.”

The plan is ambitious. Yang estimates that it will cost $1.3 trillion, more than a quarter of the current federal budget. That’s probably part of its appeal to the mismatched collection of libertarians, former Bernie Sanders supporters, and tech guys who have helped put Yang within the top ten candidates in a crowded Democratic field.

The plan is also deeply flawed. Yang’s diagnosis of the problems that exist in the U.S. economy pits successful people against “normal” ones, preserves the status of the wealthiest Americans, and fits into a vision for federal spending that isn’t all that progressive. Yang’s campaign is doing an effective job of introducing the idea of universal basic income to millions of people, but it’s not showing how transformative a guaranteed stipend can really be.

***

Over and over in debates and TV appearances, Yang has described automation as the key driver of economic change. “A wave of automation and job loss is no longer a dystopian vision of the future—it’s well under way,” Yang writes in The War on Normal People (2018). “There’s a growing mass of the permanently displaced. Automation is accelerating to a point where it will soon threaten our social fabric and way of life.”

For the moment, the trouble most people face isn’t being replaced by a robot, it’s being exploited by powerful companies.

In service of his argument, Yang showers readers with statistics and anecdotes: a devastating decline in factory jobs since 2000 and a rise in the number of potential workers who aren’t in the labor force; a computer program that can write a financial brief as well as a human can and a machine that can 3D print a passable pizza. “Right now some of the smartest people in the country are trying to figure out how to replace you with an overseas worker, a cheaper version of you, or, increasingly, a widget, software program, or robot,” Yang writes. “There’s no malice in it. The market rewards business leaders for making things more efficient. Efficiency doesn’t love normal people. It loves getting things done in the most cost-effective way possible.”

But Yang’s warnings about automation don’t stand up against much scrutiny. The unemployment rate is remarkably low right now, and many of the workers who left the labor force in recent years have since reentered it. For all the jobs that have disappeared from factories, others have opened up in health care and food service, and there’s little sign of 3D printers and robots replacing line cooks and nurses any time soon. Even Yang’s go-to example, self-driving trucks replacing decently paid drivers, is less clear-cut than it might seem. No one really knows how long it will take to get vehicles driving themselves safely on all kinds of roads in all kinds of conditions. Even if technology advances rapidly, self-driving trucks will still need human support for quite a while—a driver on board monitoring the AI or someone watching the truck remotely, and maybe a human to take the wheel once the truck gets off the highway and has to deal with cyclists and potholes on city streets.

The end-of-jobs rhetoric isn’t completely implausible in the long term. It could be that advances in machine learning and robotics will eventually transform the human relationship to work. But for the moment, the trouble most people face isn’t being replaced by a robot, it’s being exploited by powerful companies. The drop in manufacturing jobs matters because it represents a shift: from work that unions spent decades improving to service positions, which employers have largely managed to ward off from labor-organizing. Journalists aren’t being replaced by story-writing AIs, they’re being squeezed out by Facebook and Google, which maintain a stranglehold on ad revenue. Drivers may have to worry about autonomous vehicles someday, but their biggest problem at the moment is companies like Amazon that demand high-speed deliveries but deny employees the pay, benefits, and protections that union companies like UPS traditionally provided.

At times, Yang acknowledges that automation isn’t, in fact, destroying all jobs. He notes that there are growing opportunities for home health care aides but writes that “former truck drivers will not be excited to bathe grandma,” particularly since these jobs are low-paid and offer few benefits. He offers no suggestions about who should do this necessary work—which is performed mostly by women of color—and he presents no proposals to raise salaries or interest in domestic labor.

By talking about disappearing jobs rather than stagnant wages and degrading working conditions, Yang plays into the grandiose self-image of Silicon Valley. Technology only solves problems, according to this view, it doesn’t cause them. Per Yang, the “smartest people in the country” aren’t maliciously exploiting workers for profit. They’re simply creating a better, more exciting world that, unfortunately, leaves “normal” people behind.

His plan takes care not to offend his friends and colleagues in the investor class: it would be funded with a value-added tax, of the kind imposed on goods and services to fund social programs in many European countries. People who receive benefits like food stamps or disability payments would have to give them up if they want to opt into Yang’s UBI. Ultimately, his message isn’t so much a challenge to economic inequality as it is a claim to offer non-ideological assistance. One of his campaign t-shirts reads, “Not left. Not right. Forward.”

***

The notion of universal basic income has a long history. In 1795, Thomas Paine, inspired by his encounters with the Iroquois, wanted to give a one-time payment to every 21-year-old, followed by a lower payment each year after they turned 50. Around the same time, leaders of Berkshire County, England, met in the village of Speenhamland, where they decided to confront civil unrest and destitution by providing a universal stipend for the poor. The Speenhamland system, designed to make sure everyone could afford bread (whether they were considered “deserving” or “undeserving”), quickly spread across communities in southern England. The system shut down three decades later, however, after a government commission linked it to public ills such as idleness and overpopulation. Writers from Thomas Malthus to Karl Marx decried Speenhamland as a symbol of the evils that undermine work ethic. But in the 1960s and 70s, historians began reconsidering Speenhamland’s impact, and found that the commission had reached its damning conclusions based on preconceptions about labor rather than evidence.

Since then, the notion of income support has bubbled up all over. In the United States, in the 1960s, a guaranteed basic income or negative income tax—essentially topping off the earnings of anyone whose pay fell below a certain threshold—was a mainstream concept embraced by free-market lovers such as Milton Friedman and Richard Nixon; Martin Luther King, Jr. was a fan, too. Today, the idea attracts appeal across the political spectrum: libertarians like Matt Zwolinski, a philosopher at the University of San Diego, argue for replacing existing public welfare programs with an income guarantee to reduce bureaucracy and loosen the government’s control over people reliant on social services. Liberals like Andy Stern, a former president of the Service Employees International Union, say that a UBI would give workers more bargaining power by letting them turn down exploitative labor.

By talking about disappearing jobs rather than stagnant wages and degrading working conditions, Yang plays into the grandiose self-image of Silicon Valley.

Recently, governments and nonprofits have rolled out UBI trials around the world. In Finland, a pilot program gave a randomly selected group of unemployed people a basic income of $632 a month between 2017 and 2019. It found that the extra cash gave people a greater sense of happiness and security, even if it didn’t significantly improve their job prospects. In Ontario, a pilot program ended prematurely after a new government came to power. In the U.S., small local programs have been rolling out in cities including Stockton and Oakland, California and Jackson, Mississippi. So far, anecdotal evidence suggests that these trials are reducing participants’ stress and improving their sense of well-being.

The idea of an income stipend has been part of the mainstream political debate in southern Africa for years. Since 1998, South Africa has had a large and growing child grant program—essentially a near-universal basic income for anyone under 18—which helps support more than 12 million kids. From 2007 to 2009, Namibia had a promising basic income pilot program. Botswana has a longstanding program of cash and in-kind transfers that is one of the most extensive in the developing world.

In Give a Man a Fish (2015), James Ferguson, an anthropologist at Stanford University, argues that the appeal of income supplements in southern Africa is related to its history with colonial exploitation and appropriation of mineral wealth. A politician speaking to poor youth will declare that South Africa is a rich country and ask, “To whom does it belong?” The answer is that it belongs to South Africans, the politician says. “And if it’s ours, then why do we not see any of the benefits?” Ferguson argues that this line of reasoning makes sense even in places where exploitation is less visible, and where wealth comes not from mineral extraction but capital-intensive production. “In fact,” Ferguson writes, “a high-tech factory is today not so different from an oil rig—a huge piece of capital investment that, once in place, pumps out unimaginable amounts of valuable stuff with only small amounts of supervisory labor.” When it comes to profit, he continues, “The key claim here belongs not to the wage laborers but to the members of society, the true originators of economic value.”

***

That way of looking at wealth—as a product of society, not of individual tech entrepreneurs—could lead us to a different UBI model. Matt Bruenig, founder of the People’s Policy Project, has sketched one out. Where Yang’s plan takes off from the questionable assumption that automation is killing jobs, Bruenig’s begins with a proposition that’s already true: the richest one percent of Americans owns more wealth than the bottom 95 percent combined. Meanwhile, only 60 percent of American income comes as compensation for labor, which means that 40 percent is earned by virtue of owning stocks, real estate, and other things that don’t involve clocking in. “There’s a small class of people at the top of society, and they own almost everything,” Bruenig told me. “You have a group of people that is able to dominate others.”

Breuenig’s plan builds on an idea conceived by socialist economists in the twentieth century, which Sweden tried out in the 1980s. The plan was to gradually transfer ownership of corporate stock to public funds. Sweden’s initiative succeeded in buying up seven percent of corporations’ stock, but was shut down after a few years, when a more conservative government took over the country.

In the United States, Bruenig proposes creating a national fund that would buy stocks, bonds, and other assets, possibly by using a big tax on capital to raise the initial investment. All adult citizens—perhaps excluding seniors, who already receive Social Security—would have a share in the fund and receive dividends from it each year. As owners, individuals would have the same rights to help steer their course as any other shareholder. To make that work, Bruenig suggests, people could vote by proxy—for example, by assigning their rights to an environmental nonprofit or labor group. In this way, Americans could have influence over corporate leaders just as they do over elected officials.

Nothing quite like this exists now, though Bruenig draws comparisons to the Alaska Permanent Fund, which puts some of the state’s oil royalties toward an annual check to all state residents, and to a similar, much larger, program in Norway. He also notes that the United Kingdom’s Labour Party has endorsed the concept of an “Inclusive Ownership Fund,” which, like his plan, brings the idea of shared wealth solidly into the mainstream. “It’s not totally pie-in-the-sky,” he said.

Looking at wealth as a product of society, not individual tech entrepreneurs could lead us to a different UBI model.

Universal basic income still isn’t particularly popular among Americans, even with a high-profile advocate in Yang. At least in the short term, there are more promising ways to address inequality and corporate misbehavior, including the old standbys: regulating companies, taxing the rich, and encouraging the growth of unions. In the longer term, we might continue to develop the idea.

Ferguson, for one, hopes to someday distribute money across national borders through a global UBI. “If the proverbial ‘man’ were to receive neither a fish nor a fishing lesson but instead a binding entitlement to some specified share of the total global production,” he writes, “then (and only then) would he really be fed for a lifetime.” If AI-based automation really does eventually take all our jobs, or if capitalists continue apace in concentrating wealth, that proposal may gain wider appeal.

***

Livia Gershon is a freelance journalist based in New Hampshire. She has written for the Guardian, the Boston GlobeHuffPostAeon and other places.

Editor: Betsy Morais

Fact-checker: Samantha Schuyler

Wednesday 25 September 2019

Republic of Moldova : Fourth and Fifth Reviews Under the Extended Credit Facility and Extended Fund Facility Arrangements, Completion of the Inflation Consultation, and Request for Extension of the Arrangements and Rephasing of Access-Press Release; Staff Report; and Statement by the Executive Director for the Republic of Moldova

Republic of Moldova : Fourth and Fifth Reviews Under the Extended Credit Facility and Extended Fund Facility Arrangements, Completion of the Inflation Consultation, and Request for Extension of the Arrangements and Rephasing of Access-Press Release; Staff Report; and Statement by the Executive Director for the Republic of Moldova
Published September 25, 2019 at 07:00AM
Read more at imf.org

ACLU: White Supremacist Violence Is On The Rise. Expanding the FBI’s Powers Won’t Stem It.

White Supremacist Violence Is On The Rise. Expanding the FBI’s Powers Won’t Stem It.
Expanding law enforcement's powers will harm the communities of color that white supremacist violence targets—and undermine our constitutional rights.

In response to the increase in white supremacist violence, Congress has been holding hearings — including one today — on the urgent need to address it. But, rather than getting to the bottom of why our law enforcement agencies have failed to address white supremacist violence, some lawmakers are rushing to give law enforcement agencies harmful additional powers and creating new crimes. That approach ignores the way power, racism, and national security laws work in America. It will harm the communities of color that white supremacist violence targets — and undermine the constitutional rights that protect all of us.

As we made clear to Congress, it needs to investigate why law enforcement agencies have repeatedly failed to focus resources on white supremacist violence — and hold them accountable for this failure. It needs to ask why the FBI has not even publicly reported on domestic terrorism and white supremacist violence since 2005. It needs to clarify why, earlier this year, the FBI stopped tracking investigations of white supremacist violence, hiding it instead in a broader category of “racially-motivated violent extremism.” And Congress needs to ask whether agencies have the proper training to address white supremacist violence effectively and consistent with the Constitution. Without first getting the answers to these questions, Congress — and the public — cannot know what needs fixing here.

But one fact is clear: Law enforcement agencies already have all the authority they need to investigate, prosecute, and punish white supremacist violence effectively. Congress has passed numerous and sometimes overlapping laws that cover white supremacist violence, credible and direct threats of violence, conspiracies, and attempts. It has enacted more than 50 federal domestic terrorism-related crimes, and a related prohibition on “material support” for domestic terrorism. Congress has also provided an entire framework of hate crimes that law enforcement can use for violence targeting marginalized communities. The FBI has also asserted expansive powers to investigate “domestic terrorism” under the Patriot Act.

Indeed, we have significant concerns about how the FBI and other law enforcement agencies have already used these authorities, particularly against communities of color, in ways that undermine and violate equal protection, due process, and First Amendment rights.  It is Black civil rights activists, Muslim, Arab, Middle Eastern, and South Asian communities, animal and environmental rights activists, or others that the government views as having “unpopular” or controversial beliefs who are disproportionately harmed.

For instance, the FBI has collected, analyzed, and “mapped” racial and ethnic demographic information and the location of ethnic-oriented businesses and facilities based on crude stereotypes. It has relied on domestic terrorism authorities to spy on Muslim communities, including by infiltrating their places of worship. It is targeting individuals engaged in immigration advocacy, including border groups’ activities and family separation protests. Echoing its abuses in the civil rights era, the FBI has categorized Black people as threats and has recently run a new program, titled “IRON FIST,” to spy on and investigate Black activists who call out white supremacy, including through undercover agents.

These rights-violating and discriminatory harms flow from the expansive nature of existing domestic terrorism authorities and a lack of safeguards. Under the Patriot Act’s vague, overbroad, and malleable definition of “domestic terrorism” the FBI asserts the power to investigate individuals even when it doesn’t have a factual basis for suspicion, and often for engaging in First Amendment-protected activities. And it claims it can do so using intrusive techniques such as physical surveillance, suspicionless interviews, informants, and searches of law enforcement and commercial databases.

The Department of Justice has eliminated safeguards that were put in place in the 1970s to guard against the abusive surveillance and investigation practices that were a defining feature of the FBI’s response to the civil rights and Vietnam-era anti-war movements. The Departments of Justice and Homeland Security acknowledge that bias-based profiling is unfair, ineffective, and harmful. Yet, they have permitted its use for national security—terrorism—investigations and at U.S. borders, over the objections of communities of color, and civil and human rights organizations.

Despite these facts, some members of Congress and former law enforcement officials insist on new and unnecessary domestic terrorism authorities and crimes, arguing that oversight alone will cure problems. But that hasn’t proven true; neither in the last 18 years, nor at any time before that. Racial disparities in the criminal justice system are one of the most severe forms of discrimination against people of color. New domestic terrorism-related crimes and penalties would worsen the over-criminalization of Black and Brown communities and incorporate more abusive powers into a discriminatory criminal justice system.

Congress can make our communities safer, but that requires protecting the rights of the communities that white supremacist perpetrators attack, and reforming — not doubling down on — failed strategies.



Published September 25, 2019 at 07:00PM
via ACLU https://ift.tt/2n9qCUq

ACLU: White Supremacist Violence Is On The Rise. Expanding the FBI’s Powers Won’t Stem It.

White Supremacist Violence Is On The Rise. Expanding the FBI’s Powers Won’t Stem It.
Expanding law enforcement's powers will harm the communities of color that white supremacist violence targets—and undermine our constitutional rights.

In response to the increase in white supremacist violence, Congress has been holding hearings — including one today — on the urgent need to address it. But, rather than getting to the bottom of why our law enforcement agencies have failed to address white supremacist violence, some lawmakers are rushing to give law enforcement agencies harmful additional powers and creating new crimes. That approach ignores the way power, racism, and national security laws work in America. It will harm the communities of color that white supremacist violence targets — and undermine the constitutional rights that protect all of us.

As we made clear to Congress, it needs to investigate why law enforcement agencies have repeatedly failed to focus resources on white supremacist violence — and hold them accountable for this failure. It needs to ask why the FBI has not even publicly reported on domestic terrorism and white supremacist violence since 2005. It needs to clarify why, earlier this year, the FBI stopped tracking investigations of white supremacist violence, hiding it instead in a broader category of “racially-motivated violent extremism.” And Congress needs to ask whether agencies have the proper training to address white supremacist violence effectively and consistent with the Constitution. Without first getting the answers to these questions, Congress — and the public — cannot know what needs fixing here.

But one fact is clear: Law enforcement agencies already have all the authority they need to investigate, prosecute, and punish white supremacist violence effectively. Congress has passed numerous and sometimes overlapping laws that cover white supremacist violence, credible and direct threats of violence, conspiracies, and attempts. It has enacted more than 50 federal domestic terrorism-related crimes, and a related prohibition on “material support” for domestic terrorism. Congress has also provided an entire framework of hate crimes that law enforcement can use for violence targeting marginalized communities. The FBI has also asserted expansive powers to investigate “domestic terrorism” under the Patriot Act.

Indeed, we have significant concerns about how the FBI and other law enforcement agencies have already used these authorities, particularly against communities of color, in ways that undermine and violate equal protection, due process, and First Amendment rights.  It is Black civil rights activists, Muslim, Arab, Middle Eastern, and South Asian communities, animal and environmental rights activists, or others that the government views as having “unpopular” or controversial beliefs who are disproportionately harmed.

For instance, the FBI has collected, analyzed, and “mapped” racial and ethnic demographic information and the location of ethnic-oriented businesses and facilities based on crude stereotypes. It has relied on domestic terrorism authorities to spy on Muslim communities, including by infiltrating their places of worship. It is targeting individuals engaged in immigration advocacy, including border groups’ activities and family separation protests. Echoing its abuses in the civil rights era, the FBI has categorized Black people as threats and has recently run a new program, titled “IRON FIST,” to spy on and investigate Black activists who call out white supremacy, including through undercover agents.

These rights-violating and discriminatory harms flow from the expansive nature of existing domestic terrorism authorities and a lack of safeguards. Under the Patriot Act’s vague, overbroad, and malleable definition of “domestic terrorism” the FBI asserts the power to investigate individuals even when it doesn’t have a factual basis for suspicion, and often for engaging in First Amendment-protected activities. And it claims it can do so using intrusive techniques such as physical surveillance, suspicionless interviews, informants, and searches of law enforcement and commercial databases.

The Department of Justice has eliminated safeguards that were put in place in the 1970s to guard against the abusive surveillance and investigation practices that were a defining feature of the FBI’s response to the civil rights and Vietnam-era anti-war movements. The Departments of Justice and Homeland Security acknowledge that bias-based profiling is unfair, ineffective, and harmful. Yet, they have permitted its use for national security—terrorism—investigations and at U.S. borders, over the objections of communities of color, and civil and human rights organizations.

Despite these facts, some members of Congress and former law enforcement officials insist on new and unnecessary domestic terrorism authorities and crimes, arguing that oversight alone will cure problems. But that hasn’t proven true; neither in the last 18 years, nor at any time before that. Racial disparities in the criminal justice system are one of the most severe forms of discrimination against people of color. New domestic terrorism-related crimes and penalties would worsen the over-criminalization of Black and Brown communities and incorporate more abusive powers into a discriminatory criminal justice system.

Congress can make our communities safer, but that requires protecting the rights of the communities that white supremacist perpetrators attack, and reforming — not doubling down on — failed strategies.



Published September 25, 2019 at 11:30PM
via ACLU https://ift.tt/2n9qCUq

Tuesday 24 September 2019

Chile : Technical Assistance Report-Introducing and Institutionalizing Spending Reviews

Chile : Technical Assistance Report-Introducing and Institutionalizing Spending Reviews
Published September 24, 2019 at 07:00AM
Read more at imf.org

ACLU: International Human Rights Bodies Provide a Case for Reparations

International Human Rights Bodies Provide a Case for Reparations
International human rights programs provide models for reparations.

It is common for nations where mass atrocities have taken place to engage in the process of reparation and repair. This process happened in Germany after the Holocaust, South Africa after apartheid, and here in the United States, forty years after the internment of Japanese-Americans during World War II. As a result,  international human rights bodies have sought to lend their expertise to the process, often by holding hearings and publishing international guidelines on the steps necessary to effectively administer a program for reparations.

Now is time for those same human rights bodies to add their expertise to the ongoing conversation around reparations for descendants of African slaves in the United States. That’s the fundamental assumption that guided our decision to request today’s hearing before the Inter-American Commission on Human Rights and other forms of structural racial discrimination, in the United States.

The Inter-American Commission on Human Rights, founded in 1959 by nations across the Western Hemisphere, has specifically been involved in such work, holding hearings and publishing international guidelines on the steps necessary to effectively administer a program for reparations. It did so after mass human rights violations in Columbia and Chile, leading to both countries’ implementation of these initiatives. In March, the commission released  “Police Violence Against Afro-descendants in the United States,” a report that recommended reparations here in the United States to address the structure of the racial discrimination that underlies our current system of policing.

Toward the end of the event launching that report at Howard Law School, vice president of the commission Margarette McCauley, addressed the audience, reminding us that the commission has a long history of recommending reparations for severe violations of human rights. In fact, reparations programs recommended by the commission often call for far more than simply eliminating the consequences of human rights violations. Often, the recommendations emphasize meaningful restitution, rehabilitation and compensation. This means restoring community cohesion and improving the social circumstances of affected communities.

That commission suggested that the United States respond to the crisis elevated by the Black Lives Matter movement by “undertaking studies with the goal of creating guidelines for the reparation of historic and structural discrimination” and “provide appropriate reparation to those affected by the racially disparate impact of federal, state, and local laws and policies.” We should not have been surprised—the United Nations Working Group of Experts on People of African Descent issued a similar recommendation in 2016.

Closer to home, Congresswoman Sheila Jackson Lee’s (D-Texas) proposal for H.R 40 would bring the U.S. in line with both international law and practice in the issuance of reparations for human rights violations. The international human rights community has taken the position that reparations are the right remedy for racial injustice in the United States. It’s time that our country recognizes that.

By approaching the reparations debate using a human rights lens, we sidestep the limited vision of those with shortsighted domestic imaginations. For example, Senate Majority Leader Mitch McConnell (R-Ky.) recently complained that slavery was too long ago and that people alive today are not responsible for slavery.

A human rights lens shows that McConnell’s arguments are far too constricted, both in defining the issues and in considering solutions. No international body has suggested that we limit reparations to the question of enslavement. Indeed, while the Inter-American Commission focused on police violence, others have focused on Jim Crow, lynching, segregation, and other methods of racial terror that people alive today have and continue to experience. Indeed, these questions have not proved to be insurmountable in other countries and are not unconquerable here in the United States.

Take Canada, for instance. The racist practice of removing indigenous Canadian children from their families and placing them in schools that prohibited their native languages and cultural practices began in the 19th century. In 1991, the Canadian government established a special commission designed to explore the relationship between aboriginal peoples and the government.  Based on that commission’s recommendations and in conjunction with work done by the United Nations and other human rights advocates, the government issued an apology and, as of 2016, has provided approximately $2 billion federal dollars for a truth and reconciliation commission, as well as financial compensation for survivors under the Indian Residential Schools Settlement Agreement.

Our problems and their solutions are more similar than one would think. One public school reform group found that there is presently a $23 billion gap in funding between white and nonwhite school districts. A reparations fund could be used to close that gap and help to end the school-to-prison pipeline in America’s public schools.

The upcoming IACHR hearing offers opportunities to learn about additional comparative examples of reparations efforts. We should use the information gleaned from these hearings to inform the current domestic debate on how to remedy our country’s history of racial injustice.



Published September 24, 2019 at 03:00PM
via ACLU https://ift.tt/2kOBaHP