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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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Privacy Concerns Rise in Florida Over Menstruation Questions on Digital Student-Athlete Physicals

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Ever since the overturn of Roe V. Wade, activists have been concerned about how period tracking data can be used against women.


Outrage and Concerns

Florida schools require student-athletes to complete an annual physical evaluation form before being allowed to participate in sports, including questions about female menstruation. Recently, school districts have shifted these forms into a digital format using a third party, causing privacy concerns for parents and activists alike. 

As headlines started to circulate the news, many online began expressing outrage. Lawyer Pam Keith, who ran for U.S. House of Representatives in 2020 referred to Florida as a “police state for women” on Tuesday morning. Other tweets have called this practice “dystopian” and “tramping on women’s rights.”

In Florida, these questions have been on the student-athlete physical evaluation form for approximately 20 years. Now that some school districts have shifted from paper copies to digital formatting with the third-party software company, Aktivate, criticisms have resurfaced across the state. Abortion rights activists, in particular, are worried about menstrual information being used to prosecute someone for getting an abortion. Others vocally oppose storing this information online, citing parents’ rights over their children’s data. 

Florida’s Policy

These questions relating to menstruation are labeled as optional on the document. However, some have expressed concern that athletes will feel obligated to answer them in order to ensure their eligibility to play. 

Florida schools have all of the medical data collected by these physicals sent back to the district from the physician. This is in sharp contrast to the policy of other states that simply require the physician’s approval for the athlete to be cleared to play. 

“I don’t see why school districts need that access to that type of information,” pediatrician Dr. Michael Haller said to The Florida Times-Union. “It sure as hell will give me pause to fill it out with my kid.”

See what others are saying: (Forbes) (The Palm Beach Post) (The Florida Times-Union

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Navy SEAL Recruits Sprayed With Tear Gas in “Horrific” Leaked Video

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The revelation comes after the Navy launched an investigation into SEAL training practices last month in response to the death of a recruit.


The Worst Birthday Ever

In September 2021, Navy SEAL recruits were forced to sing “happy birthday” while standing amid a thick cloud of tear gas as part of their training, a leaked video reveals.

The footage, which was obtained by investigative reporter Mathew Cole and published by CBS News, comes from California’s San Clemente Island, where SEALs are trained.

For over a minute, instructors are seen dousing the recruits in the chemical, sometimes from just inches away, as they struggle to sing. Reports say they were singing so that they could not hold their breath, which regulations incidentally warn may cause a person to pass out.

Although exposure to tear gas is a common right of passage for military recruits, who must learn how to properly don a face mask, it is meant to be sprayed from six feet away to prevent burns and last for no longer than 15 seconds.

The recruits in the video are seen coughing, heaving, and crying out in agony after the gas subsides, and one appears to pass out.

A Navy admiral has reportedly launched an investigation into the video to determine whether the instructors sprayed the gas for too long and from too close, and if they did, whether they were simply unaware of the proper procedure or intended to abuse and punish the recruits, which could be a criminal offense.

Cole wrote in a Twitter thread that he showed the footage to current and retired senior SEAL officers, who described the exercise as “horrific,” “abusive,” “pointless” and “near torture.”

“Current and former SEAL students say they were told the purpose of the exercise, which cause extreme pain, was to simulate how they would react to bullet wounds in combat,” he said. “They were told by BUD/S instructors it was a ‘rite of passage’ and given three attempts to complete it.”

The Death of Kyle Mullen

“The source who provided the video did so because they wanted the Navy, Congress and the public to know that the February 2022 death of Kyle Mullen was not an isolated incident,” Cole Continued.

Mullen was a 24-year-old Navy recruit who arrived in California for the SEALs rigorous selection course in January. In his third week, he reached what’s known as Hell Week, a five-day-long slog through an infamously brutal training regiment that’s killed at least 11 men since 1953.

Trainees spend at least 20 hours per day doing physical exercises, running a total of more than 200 miles, and are allowed just four hours of sleep across the entire week.

Hell Week is meant to test a recruit’s mental and physical resilience, as well as their commitment to becoming a Navy SEAL. Critics, however, argue it is excessively harsh, pointing to the concussions, broken bones, dangerous infections, and near drownings suffered by some recruits.

When Mullen completed Hell Week, he called his mother Regina, who told CBS News her son seemed to be having trouble breathing.

A few hours later, he died with the official cause being pneumonia, which Regina attributed to the freezing water he was submerged in during training.

She also said he admitted to using banned performance-enhancing drugs, something many aspiring SEALs resort to so they can cross the finish line.

Even with drugs, however, around 90% of trainees fail to complete the selection course, with most dropping out during Hell Week.

The same day Kyle died, one of his fellow trainees had to be intubated, and two more were hospitalized.

The Navy launched an investigation into the SEALs selection course last month in response to Kyle’s death.

See what others are saying: (CBS) (NBC) (The New York Times)

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Lawyer Claims That LAPD Officer Who Died In Training Was Targeted For Investigating Other Officers For Rape

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The late officer’s family has filed a lawsuit against the city of Los Angeles.


Press Conference Reveals New Allegations

A lawyer for the family of Los Angeles Police officer Houston Tipping, who died in May during a training exercise, claimed on Monday that Tipping was targeted for reporting an alleged sexual assault by four other police officers last year. 

In May, Tipping sustained serious injury — including a broken spine — during training, which resulted in his death three days later. The LAPD released a statement saying his injuries came from a fall taken during a segment of training that involved grappling another officer. 

His family, however, filed a complaint — and later a lawsuit — against the city of Los Angeles. The lawsuit states that Tipping was, “repeatedly struck in the head severely enough that he bled.”

During a Monday press conference, his family’s lawyer, Bradley Gage, claimed that the injuries Tipping sustained could not have been the result of grappling.

“There is no way grappling would have caused those kinds of injuries the way the LAPD portrays it,” he said. “What would cause those injuries is if somebody picked a person up, slams them down onto their head and their neck onto a hard surface.”

An Alleged Cover-Up

According to Gage, an officer that Tipping had reported last year for an alleged sexual assault was also present at this training exercise. 

“The allegation is that in July of 2021, four police officers were involved in the sexual assault of a woman from the Los Angeles area. A report was taken by Officer Tipping,” he said. “And the female victim claimed that she was raped by four different people, all LAPD officers. She knew the names of some of those officers because they were in uniform and had their name tags on. The name of one of those officers, with the name tag, seems to correlate with the names of one of the officers that was at the bicycle training” 

The attorney went on to confirm that he is alleging this unnamed officer is responsible for Tipping’s injuries. 

Later in the press conference, Gage stated that the police department is likely trying to cover-up these misdeeds.  

“I’m sure that these actions are being covered-up. The thought of a code of silence or a cover-up by a police department should not be shocking or surprising to anyone,” he said

Although the initial lawsuit by Tipping’s family included the wrongful death and other civil rights violations, with this new information, the family and the attorney has decided to file a supplemental. This supplemental will cover the whistler blower retaliation, destruction of evidence, and the initial wrongdoing of the rape case. 

See what others are saying: (FOX 11 LA) (Washington Post) (LA Times)

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