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Administration Wrongfully Separated Over 900 Migrant Children, ACLU Says

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  • A new court filing from the ACLU revealed that that the Trump administration is still separating migrant families, despite officially ending the separation policy in June 2018.
  • According to the ACLU, data given to them by the government shows that more than 900 migrant children were separated from their parents in the last year.
  • The ACLU said that many of the separations were based on “minor criminal history” such as traffic violations, decades-old infractions, and “allegations or arrests without convictions.”
  • They also said that many of the separations were based on “highly dubious allegations of unfitness” like being HIV positive or eating at a restaurant that gang members also ate at.

ACLU Court Filing

Court documents filed Monday by the American Civil Liberties Union (ACLU) revealed that the Trump administration has separated more than 900 migrant children from their parents in the year since the administration officially ended the separation policy.

The ACLU filing asks that the court come up with more specifically outlined standards for separating families to ensure compliance with a federal ruling from June 2018, which required the Trump administration to stop separating migrant children from their families.

The same month, Donald Trump himself issued an executive order to end family separations except in cases where parents may pose a risk to their child.

However, the Trump administration is still separating families according to government data given to the ACLU as part of the court order. 

“The government is systematically separating large numbers of families based on minor criminal history, highly dubious allegations of unfitness, and errors in identifying bona fide parent-child relationships,” the court filing said.

The ACLU also said that the original court ruling from June 2018 specified that children could be separated from parents who had criminal histories.

However, that did not include immigration offenses, and as the document says “The Court made clear, however, that it was not blessing separations based on any criminal history, regardless of gravity.”

“Rather, the Court’s decision relied on traditional due process and child custody standards, which permit the drastic step of separating a child and parent only where the criminal history is so significant that it bears on whether the parent is a danger to the child or is an unfit parent,” it continued.

The ACLU filing goes on to say that the government is “separating young children based on such offenses as traffic violations, misdemeanor property damage, and disorderly conduct violations. Some of the separations are for offenses that took place many years ago. And some are for mere allegations or arrests without convictions.”

They also added that families have been separated based on the governments “assertion that the parent does not appear to be doing a proper job parenting” or “that the parent has not sufficiently proven his or her relationship to the child.”

The ACLU additionally noted that the children being separated from their families were increasingly younger than before. According to the filing, 481 children, which is more than half of those separated, were under the age of 10.

Around 20 percent of separated children were under five-years-old, which is a huge increase from last year when only four percent of children separated were under five.

Examples of Criminal Histories

The ACLU filing provided numerous examples of children being separated from their parents for reasons they believe violate the court’s previous ruling.

Of the 911 separations, 678 were because alleged criminal history. 

According to the ACLU, the data on family separations the administration gave them consisted of lists with the name of the parent who was separated from their child, and “a cryptic, summarized reason for the separation—often just a few words or a line of text—that states the allegations against the parent.”

“Sometimes the entry will simply be ‘due to parent’s criminal history,’ with no further explanation,” the document added.

The ACLU went on to describe the lists, saying they provided minimal information and did not include key data, like how old the convictions are, and noting that only 179 cases provided “reliable date information,” adding “the most recent dated charge was on average 10 years old.”

They gave specific examples, like one child who was separated from their parent because of a “‘false police report / hit and run’ conviction from 26 years ago.” Another parent was separated from their child “based on a 3-day jail sentence for misdemeanor assault from 20 years ago.”

Additionally, despite the fact that the court had explicitly decided that parents could not be separated from their children because of immigration offenses, “[the] list of separations reports hundreds of cases that include such convictions as part of the reasons for separation, including cases where the unlawful entry or reentry conviction was combined with other minor offenses, such as DUIs or traffic offenses.”

Examples of “Unfit” Parents

The ACLU also gave multiple examples where parents who had no criminal records were separated from their children because they were deemed “unfit.”

In one example, a dad was separated from his three young children because he had HIV, and despite requests, the government still never explained why being HIV positive made the dad a threat to his children. 

Another example said that a 5-year-old was separated from their mother who broke her leg at the border “and was briefly hospitalized for emergency surgery.”

In another case, a father in a detention center was separated from his one-year-old daughter because he did not want to wake up her to change her wet diaper. 

Other parents were separated from their children because Border Patrol agents did not believe they were actually their parents.

In one case, Border Patrol separated a father from his three-year-old daughter because his name was not on her birth certificate, despite the fact he had other proof he was her dad. The agents took away his daughter and refused to give him a paternity test.

Lawyers eventually intervened and were able to confirm he was the father, but during the time they were separated his three-year-old was sexually abused in government care.

The court documents also said that 44 parents were separated from their children because of alleged connections to gangs.

However, these included examples like a mother who was separated from her two children because she “ate at a restaurant frequented by gang members.” Another mother was separated from her child because she was seen leaving a store “while a group of gang members were being arrested nearby.”

One mother had her child taken from her because she had been abused by a gang member. Those are just some examples from the 218-page filing.

Trump Administration

The ACLU’s filing comes just a few weeks after acting Homeland Security Secretary Kevin McAleenan said in testimony before a House committee that family separations were “rare” and made only “in the interest of the child.”

“This is carefully governed, it’s overseen by a supervisor when those decisions are made,” the acting secretary said.

However, the ACLU disagrees. Their filing says that the court must come up with more specific standards because the current ruling seems to give too much power to Border Patrol agents to decide who should be separated.

“They’re taking what was supposed to be a narrow exception for cases where the parent was genuinely a danger to the child and using it as a loophole to continue family separation” Lee Gelernt, the lead attorney in the family separation lawsuit and deputy director of the ACLU’s Immigrants’ Rights Project, said in an interview.

“What everyone understands intuitively and what the medical evidence shows, this will have a devastating effect on the children and possibly cause permanent damage to these children, not to mention the toll on the parents,” he added.

See what others are saying: (NPR) (The Washington Post) (Fox News)

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Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates

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The fury comes after Xbox announced it was slightly altering existing consoles to better utilize and save energy.


Same War, New Battlefield

Mere days after M&M canceled their “spokescandies” due to backlash from the right, led largely by Fox News’ Tucker Carlson, conservatives have found a new front for their ongoing culture war: Xbox.

Carlson spent months complaining that small character redesigns were “woke” because they made the animated anthropomorphized M&M’s — in his own words — “less sexy.” His campaign finally proved successful on Monday when the company announced it would be doing away with the spokescandies and replacing them with actress Maya Rudolph.

Conservatives, now facing a sudden dearth of non-issues to complain about, quickly found a new issue to rage against. Xbox announced in a blog post earlier this month that it is making minor updates to lower its environmental impact as part of an effort to reach Microsoft’s goal of being carbon-negative by 2030.

Now, instead of having an Xbox wake up to update games, apps, and software during random times of the night, it will do that at a time of night when a user’s local energy grid is generating the most power it can from renewable sources. 

Xbox also said it would automatically update some older consoles to a power-saving mode that aims to reduce electricity consumption when it is turned off — a feature that is already the default on newer consoles.

According to The Verge, the only difference for users is that an Xbox in power-saving mode takes around 15 seconds to boot up instead of doing so immediately as the console does in “sleep” mode. The change is a small price to pay for what the outlet described as “significant” energy savings.

Xbox Under Fire

To many leading conservative voices, the minimal shifts were just another example of “woke” culture. 

While discussing M&M’s spokescandies Tuesday morning, “Fox and Friends” co-host Ainsley Earhardt brought up Xbox’s new changes with Fox radio host Jimmy Failla.

“So Xbox has also announced that they’re going woke too, you know, because of climate change,” Earhardt said.

“I mean, it’s crazy what they’re doing, but we understand what this is. It’s not that it’s actually going to offset emissions, okay — the level of reduction is infinitesimal,”  Failla claimed, without evidence. “But they’re trying to recruit your kids into climate politics at an earlier age; make them climate conscious now.”

“Yeah, I didn’t think of that — you’re right, they’re going after the children,” Earhardt agreed, despite the fact that internal data from Microsoft shows just around 10% of Xbox owners are under the age of 18.

Other prominent conservatives also did their part to bait Americans into anger on social media, including America’s Foundation, which posted a tweet stating that “the woke brigade is after video games.”

The post linked an article from the right-wing website TheBlaze, which asserted that “Xbox will force gamers to power down to fight climate change.”  That, however, is false — Xbox has said users can switch back and change the settings any time they want

Still, top lawmakers continued to share the article and spread its false claims, including Sen. Ted Cruz (R-Tx.).

“First gas stoves, then your coffee, now they’re gunning for your Xbox,” he wrote in the post, which was flagged by Twitter and given an “added context” warning.

The same warning, however, was not placed in a very similar post by Rep. Troy Nehls (R-Tx.), who also shared the article.

“They want to take your guns. They want to take your gas stoves. And now they want to take your Xbox. What’s next?” he wrote.

See what others are saying: (The Washington Post) (The Daily Beast) (VICE)

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Washington State Launches Investigation Into Abuse at Private Special Ed. Schools

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Allegations include staff kicking a fourth-grader and dragging a child with autism around by his leg.


Abuse Allegations

Washington State’s Office of Superintendent of Public Instruction (OSPI) has launched an investigation into a system of private schools for kids with disabilities after ProPublica and the Seattle Times reported on allegations of abuse.

The series of articles focused on Northwest School of Innovative Learning (NWSOIL). NWSOIL is a set of private schools that serve 500 Washington public school students with serious disabilities. ProPublica and the Seattle Times found years of complaints from parents and school districts against NWSOIL alleging abuse, overuse of isolation rooms, and unqualified aides teaching instead of certified professionals.

One district claimed NWSOIL staff kicked a fourth-grader. Another alleged that a child with autism was dragged around by his thigh.

Many former NWSOIL employees also claim that they were pressured by their parent company to to enroll more students and skimp on basic resources, like staffing.

Investigation Launched

In a seven-page letter, OSPI reminded NWSOIL of its authority to revoke or suspend a school’s approval, meaning that it could shut NWSOIL down. 

“Given the serious nature of the allegations made in the articles, OSPI is examining what, if any, actions need to be taken with respect to Northwest SOIL’s approval to contract with Washington school districts,” Tania May, assistant superintendent for special education at OSPI, wrote in the letter.

OSPI has demanded any records of mistreatment, maltreatment, abuse, or neglect as well as documents pertaining to restraint or isolation of students and calls to the police. They are also seeking information about the student-to-teacher ratio and staff qualifications. 

In the letter, OSPI claims that all of this was previously unknown to them as well as to police, Child Protective Services, and local school districts. They are asking NWSOIL for an explanation as to why the allegations were not reported. 

NWSOIL defended itself in a public statement.

“Use of restraints and seclusion are always used as a last response when a student is at imminent risk of hurting themselves or others, it said. “We strongly deny any allegation that we understaff and/or pressure staff to increase admissions in order to maximize profits.” 

Washington state representatives are considering a reform bill that will give them more oversight on the publicly funded system of private special education schools. 

In this legislation, OSPI and at least one district that sends students to this program would be required to visit before approving the contract. It would also standardize district agreements with programs like NWSOIL, including financial safeguards to make sure funds are being used appropriately.

See the full series: (ProPublica) (The Seattle Times)

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Mass Shootings in Half Moon Bay, Oakland Rock California

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Just since Saturday, at least 19 people have been killed and 17 have been injured in mass shootings in California.


California Sees Third Attack in Under a Week

Two California localities experienced separate mass shootings Monday, just days after an attacker killed 11 and injured nine others in a suburb of Los Angeles.

The first of the most recent shootings took place in Half Moon Bay, a small coastal town about 30 miles outside of San Francisco, where a gunman killed seven and critically injured an eighth at two different locations.

According to authorities, police were dispatched to the first location around 2:20 pm and found four people shot to death and a fifth victim also suffering gunshot wounds. Shortly after, three more people were found dead at another site nearby.

About two hours later, police discovered the suspect in his car in the parking lot of a San Mateo County Sheriff’s Office substation with a semiautomatic handgun in the vehicle that officials later confirmed he had purchased legally.

Sheriff Christina Corpus said the man was taken into custody “without incident” and is “fully cooperating.” He has been identified as a 66-year-old Half Moon Bay resident of Asian descent.

Currently, the gunman’s motive is unknown, but the Sheriff told reporters Monday that both of the locations he targeted were nurseries, and it has since been reported that they were mushroom farms.

“All evidence we have points to this being an instance of workplace violence. The Mountain Mushroom Farm, the first location, is where the subject was employed,” Corpus said in a press conference Tuesday, though she added that, so far, the “only known connection between the victims and the suspect is that they may have been coworkers.”

As of writing, it remains unclear why he targeted the second location. A mushroom farm called Concord Farms has told reporters that it was the site of the second shooting — which a law enforcement official confirmed to The Washington Post.

In a statement to the media, a spokesperson said the farm had “no past knowledge” of the alleged gunman or his possible motives. Little has been released about the victims, though Corpus said Tuesday they were all adults and a “mixture of Asian and Hispanic descent,” some of whom were migrants. 

Authorities had previously stated that, because people both live and work on the farms, children were among those who witnessed the shooting. However, on Tuesday, one official walked that back and said while children were indeed in the vicinity, police do not have information about specific witnesses.

Just hours after the violence in Half Moon Bay, seven people were injured, and one other was killed during a shooting at a gas station in Oakland. Very little has been reported about the incident, but police have said that the shooting was “between several individuals.”

Renewed Calls for Gun Control

Californians continue to reel from the rapid succession of mass shootings in a state known for its strict gun control laws.

According to Everytown for Gun Safety, a nonprofit that advocates against gun violence, the state ranks No. 1 in the country for gun law strength. An analysis led by the organization found that California has the sixth-lowest rate of gun ownership and the eighth-lowest gun death rate.

Many of California’s top lawmakers have argued that the state’s relatively low gun violence statistics emphasize the need for more federal regulations.

“The Second Amendment’s becoming a suicide pact,” Gov. Gavin Newsom (D) told CBS News in an interview.

“We’ll continue to find whatever loopholes we can and continue to lead the national conversation on gun safety reform. And the data bares out. It works. It saves lives,” he continued. “California’s 37% lower than the death rate of the rest of the nation, and yet, with all that evidence, no one on the other side seems to give a damn. I can’t get anything done in Congress.”

Following the Monterey Park shooting, U.S. Sen. Diane Feinstein (D-Ca.), alongside other Democratic colleagues, introduced two gun control bills in the upper chamber. The first would ban assault weapons, while the second aims to raise the minimum age to purchase assault weapons from 18 to 21.

President Joe Biden quickly threw his support behind the measures, urging Congress to pass them.

“The majority of the American people agree with this commonsense action,” he said in a statement Monday. “There can be no greater responsibility than to do all we can to ensure the safety of our children, our communities and our nation.”

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders, suspected mass murderers, or those accused of committing violent crimes who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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