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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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Ohio Will Give 5 People $1 Million for Getting Vaccinated

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  • Ohio is launching a lottery program that will give five people ages 18 or older $1 million each if they receive at least one dose of a COVID-19 vaccine.
  • Five vaccinated people between 12 and 17 years old will win full four-year scholarships to one of the state’s public universities under a similar giveaway program. 
  • Some have criticized the move as a waste and misuse of federal coronavirus relief funds, but others applauded it as a strong effort to boost slumping vaccination rates.
  • Gov. Mike DeWine (R) addressed critics on Twitter, writing, “The real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”

Ohio Announces Vaccine Lottery

Several states and cities across the country have been rolling out different incentives to help boost COVID-19 vaccination rates. Some are offering $100 savings bonds, $50 prepaid cards, and even free alcohol, but Ohio’s Republican Gov. Mike DeWine took it a step further Wednesday, saying that five people in his state will each win $1 million for getting vaccinated.

DeWine said that the lottery program, named “Ohio Vax-a-Million,” will be open to residents 18 and older who receive at least one dose. Drawings start May 26 and winners will be pulled from the state’s voter registration database.

The Ohio Lottery will conduct the drawings, but the money will come from existing federal coronavirus relief funds.

Younger people will also have a chance to win something. That’s because DeWine said five vaccinated people between 12 and 17 years old will be eligible to win a full four-year scholarship to one of the state’s public universities under a similar lottery program. The portal to sign up for that opens May 18.

DeWine Defends Lottery

Reactions to the giveaway have been mixed. Some echoed statements from State Rep. Emilia Sykes, the top House Democrat, who said, “Using millions of dollars in relief funds in a drawing is a grave misuse of money that could be going to respond to this ongoing crisis.”

DeWine, however, seems to have anticipated pushback like this.

“I know that some may say, ‘DeWine, you’re crazy! This million-dollar drawing idea of yours is a waste of money,'” he tweeted. “But truly, the real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”

Despite some backlash, a ton of other people have applauded the plan as a smart way to encourage vaccinations across all age groups. So far, about 36%of Ohio’s population has been fully vaccinated — compared with 35% nationally. 

Still, the number of people seeking vaccines has dropped in recent weeks, with an average of about 16,500 starting the process last week, which is down from figures above 80,000 in April. 

See what others are saying: (AP News) (NPR)(The New York Times)

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Derek Chauvin Qualifies for Longer Sentence Over George Floyd’s Murder, Judge Rules

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  • A judge overseeing the trial of Derek Chauvin ruled Wednesday that there were enough aggravating factors in the former officer’s murder of George Floyd that could qualify him for a longer prison sentence.
  • While Chauvin was found guilty on all three charges he faced, Minnesota state law only allows him to receive prison time for the most serious charge of second-degree homicide, which has a max sentence of 40 years but a recommended sentence of 12.5 years for people with no criminal history.
  • The judge ultimately agreed that Chauvin qualifies for longer sentencing because prosecutors had proven that he abused his power as a police officer, acted “particularly cruel” to Floyd, and committed the crime in front of children with at least three other people.
  • Chauvin is currently scheduled to be sentenced on June 25.

Judge Cahill Rules on Aggravating Factors

Hennepin County District Judge Peter Cahill, who oversaw the murder trial of Derek Chauvin, has ruled that there were aggravating factors in the former Minneapolis police officer’s murder of George Floyd, thus qualifying him for a longer sentence.

While the jury found Chauvin guilty on all three charges he was facing, Minnesota law says that he will only face sentencing for the most serious charge, which in this case is second-degree murder.

That charge carries a maximum sentence of 40 years, but state sentencing guidelines recommend 12 and a half years for someone with no criminal history. Prosecutors asked Judge Cahill for what’s called an “upward sentencing departure,” arguing that there were five factors that should open Chauvin up to a maximum sentence.

In a ruling made public Wednesday, Cahill wrote that prosecutors had proved beyond a reasonable doubt four of those five factors.

In his decision, Cahill agreed with the prosecutor’s claim that Chauvin had “abused his position of trust and authority” as a police officer and that he “knew from his training and experience” that the neck restraint he used Floyd in “danger of positional asphyxia.” 

Cahill also supported the argument that the former officer had been “particularly cruel” to Floyd, who he wrote “was begging for his life and obviously terrified by the knowledge he was likely to die,” adding that Chauvin “remained indifferent to Mr. Floyd’s pleas.”

The third and fourth aggravating factors that the judge sided with prosecutors on were that Chauvin had committed the crime as part of a group of three or more people and that he perpetrated that crime in front of children.

Notably, Cahill did reject the fifth aggravating factor brought by prosecutors, who argued Floyd was “particularly vulnerable” because he was handcuffed and held facedown on the street. The judge said that prosecutors did not prove that argument, writing that Floyd had been able to resist arrest before he was put on the ground.

Additional Charges

The ruling comes just a few days after Chauvin and the three other officers were indicted on federal civil rights charges by a grand jury.

Chauvin was also indicted on a second, separate federal charge related to the arrest of a 14-year-old boy in September 2017, during which he allegedly held the boy by the neck and hit him with a flashlight repeatedly.

According to reports, if he is convicted, he would likely serve the federal sentence at the same time as his state one. However, the federal charges may impact the pending August trial of the three other officers, who have been charged with aiding and abetting murder and manslaughter.

Separately, last week, Chauvin’s defense attorney filed a motion for a new trial, alleging misconduct by the judge, prosecutors, and jurors, signaling additional continued litigation.

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

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Teens Attack and Rob 80-Year-Old Asian Man in Northern California

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  • Viral surveillance footage shows an 80-year-old Asian man in the San Francisco Bay area being assaulted and robbed on Saturday by suspects who police say are teenagers.
  • Police believe the suspects are as young as 16, and at one point, one can be heard in the video giggling from the getaway car as the victim cries for help. 
  • The news comes after the nonprofit Stop AAPI Hate released data showing that reports of anti-Asian hate incidents in the U.S. jumped by almost 74% year-over-year in March.

Suspect Laughs at Victim During Attack

Surveillance video going viral on social media captured an 80-year-old Asian man in the San Francisco Bay area getting assaulted and robbed on Saturday by suspects who police believe are teenagers.

The full video is extremely distressing. It shows the man getting knocked to the ground, trying to fight off his attackers as he cries for help. To make matters worse, at one point, high-pitched giggles can be heard coming from another teen in the background. That person appears to be inside a getaway car nearby.

The victim was robbed of a watch and sustained minor injuries. Police have also said that a vehicle similar to the one used in this case was spotted at a strong-armed robbery in a nearby San Leandro area less than two hours later, where another victim was robbed of her purse.

Police believe the suspects are as young as 16.

Surge of Crimes Against Asians in U.S.

This is just the latest violent attack against an Asian person making headlines since the start of the coronavirus pandemic.

Last week, reports emerged regarding two Asian women who were attacked with a hammer in Times Square by someone demanding they remove their masks. Two other Asian women were recently stabbed while waiting for the bus in downtown San Francisco.

The San Francisco-based nonprofit Stop AAPI Hate released data Thursday saying that reports of anti-Asian hate incidents in the U.S. jumped by almost 74% year-over-year in March — with Chinese people as victims in 44% of these acts.

Vancouver Sees Massive Influx of Anti-Asian Hate

While anti-Asian hate crimes have surged in the U.S., the situation may be worse in Canada, specifically in Vancouver. Around 42% of people in Vancouver are of Asian descent and at least 25% speak Chinese — making it the most heavily Asian city in North America.

Still, it witnessed a 717% year-over-year surge in anti-Asian hate crimes in 2020, according to the Vancouver Police Department. Bloomberg even dubbed it the Anti-Asian hate crime capital of North America, saying more anti-Asian hate crimes were reported in the city of 700,000 people last year than in the 10 largest U.S. cities combined.

That’s part of why people all across the city are participating in more organized action to speak out against anti-Asian hate. For instance, several rallies took place in Vancouver Monday to mark the National Day of Action Against Anti-Asian Racism.

See what others are saying: (ABC 7) (Bloomberg) (Forbes)

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