- The Supreme Court will allow the Trump administration to enforce a rule that functionally prevents most migrants at the southern border from seeking asylum in the U.S.
- A federal district judge in California had previously blocked the rule, but the Supreme Court’s new decision means that it can stay in effect while legal challenges to mandate play out.
- Under the rule, migrants who have crossed through other countries to get to the southern border cannot apply for asylum in the U.S. unless they have been denied asylum in another country or have been the subject of “severe” human trafficking.
- The rule will mostly affect Hondurans, Salvadorans, and Guatemalans seeking asylum in the U.S. from gang violence and high levels of crime in their home countries.
Supreme Court Decision
The Supreme Court issued an unsigned order Wednesday allowing the Trump administration to enforce a rule that effectively prevents most Central American migrants at the southern border from seeking asylum in the U.S. while legal challenges to the rule play out.
The rule was first issued by the Trump administration in July. It mandates that any migrant who has crossed through another country to get the southern border can not apply for asylum in the U.S.
The only exceptions are for migrants who have been denied asylum in another country or who have been victims of “severe” human trafficking.
However, that does not mean people with those qualifiers will be granted asylum; it just means that they are the only ones who can even try to apply.
The Supreme Court’s order reverses a decision by a lower court to block the rule. Right after the Trump administration announced the mandate, it was challenged by immigrants rights groups in court.
Then, towards the end of July, California Federal District Judge Jon Tigar blocked the rule. In his ruling, Tigar said that the decision to bar a group of people from asylum was a decision that had to be made by Congress
As a result, he decided that the administration’s rule “is likely invalid because it is inconsistent with the existing asylum laws.” He also said that it violated the Administrative Procedure Act, or APA, which requires that there is a period of public comment before a rule is enacted.
In his decision, Tigar issued a nationwide injunction ordering the administration to continue to allow all asylum applications. However, the U.S. Court of Appeals for the 9th Circuit said that Tigar did not have the power to make that ruling nationwide.
While they agreed that the rule did go against the APA, they decided that the injunction could only apply to the geographic areas in the 9th District, which includes parts of California and Arizona. Meaning the other border states could still enforce the administration’s new rule.
Last month, Solicitor General Noel Francisco filed an emergency application to the Supreme Court, asking them to put a stop on the block and to allow the rule to be implemented nationwide while the legal battle continued.
Francisco argued that Congress gives the departments of Justice and Homeland Security power to place restrictions on asylum seekers that go beyond the scope of the existing federal asylum law.
On Monday, Tigar reinstated his nationwide injunction. Again, it was blocked by the 9th Circuit, and again the Trump administration asked the Supreme Court to lift the injunction.
Implications for U.S. Asylum Policy & Asylum Seekers
At the very top level, the rule is a massive change to the way the federal government has treated people seeking asylum under laws that have been in place for four decades.
The current federal law says that any foreign national who “who is physically present in the United States or who arrives in the United States” can seek asylum in the country, as long as they can prove they face persecution in their home country.
A rule that allows the U.S. to deny most people showing up at the southern border the ability to even apply for asylum is a big shift.
According to the legal brief given to the Supreme Court by the ACLU, which represents the immigration rights groups challenging the rule in court, the asylum ban “would upend a forty-year unbroken status quo established when Congress first enacted the asylum laws in 1980.”
“The current ban would eliminate virtually all asylum at the southern border, even at ports of entry, for everyone except Mexicans (who do not need to transit through a third country to reach the United States),” the ACLU continued. “The Court should not permit such a tectonic change to U.S. asylum law, especially at the stay stage.”
The change in asylum policy most heavily impacts Hondurans, Salvadorans, and Guatemalans, many of whom seek asylum in the U.S. from gang violence and high levels of crime in their home countries.
Migrants from those countries by far compose the majority of people seeking asylum in the U.S. in record numbers this year.
According to the New York Times, so far this fiscal year, Border Patrol has arrested 419,831 migrant family members from those countries at the U.S. border. By contrast, just 4,312 Mexican family members have been apprehended.
Most of those families who have tried to enter the U.S. to get asylum have been released to await court hearings, according to the Justice Department, which said that more than 436,000 pending cases also include an asylum application.
Notably, the Trump administration’s new rule also could hurt refugees fleeing the humanitarian and economic crisis under the Maduro regime in Venezuela, where more than four million people have already left the country, according to the UN.
That leaves many wondering where all these people will go.
Under the rule, Hondurans and Salvadorans are required to seek asylum in Guatemala or Mexico, and then be denied asylum in those places, before they can apply in the U.S. Guatemalans have to seek and be denied asylum in Mexico.
Both Guatemala and Mexico initially expressed dislike of that plan, because it would basically take the asylum problems the U.S. has and kick the can to those two countries, thus overburdening their asylum systems.
Although both countries eventually tentatively agreed, it was only after President Donald Trump had threatened them with tariffs.
While the U.S. struck a deal with Guatemala to take in more migrants, the country’s Constitutional Court has ruled that it needs further approval.
The Mexican government has also recently pushed back against the agreement that would force them to take in asylum seekers from Guatemala, which is known as the safe-third-country agreement.
The Rule Moving Forward
The Supreme Court’s Wednesday ruling was an unsigned order, and so it did not include any reason or explanation for why they blocked the lower court’s decision.
That does not mean that the highest court agrees one way or the other with the rule; it just means that they decided it can stay while the legal battles progress through court.
That, however, could take months, and until then, the rule will stay in place.
Regardless, this is a huge win on immigration for the Trump administration. Trump noted this on Twitter, writing in a tweet Wednesday, “BIG United States Supreme Court WIN for the Border on Asylum!”
The president also appeared to express his support for the matter again on Thursday, writing on Twitter “Some really big Court wins on the Border lately!”
Trump is not wrong. This most recent decision follows another from the Supreme Court in July to allow the administration to use $2.5 billion in Pentagon funds for the construction of a wall along the Mexican border.
If and when the case does go to the Supreme Court, the main issue will be whether or not the administration can change asylum policy in this way without going through Congress.
The Trump administration argues that a provision in the federal law allows the attorney general to “establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum.”
However, the asylum law only has a few, narrow exceptions to the rule that any foreign national can apply for asylum.
On the other side, the ACLU argued in their Supreme Court brief that “Congress went out of its way to underscore that only bars ‘consistent with’ the entirety of the asylum laws […] were permitted.”
They also added that giving the executive branch so much authority “flouts bedrock principles of separation of powers and administrative law.”
See what others are saying: (The Washington Post) (The New York Times) (Fox News)
College Board Changes AP African American Studies After Backlash From DeSantis Amid Education Culture War
As requested by DeSantis, the College Board removed lessons on contemporary topics including Black Lives Matter, queer studies, and reparations.
College Board Rolls Out Curriculum
The College Board, which oversees Advanced Placement high school courses, announced an official curriculum framework for its new, landmark Advanced Placement African American studies on Wednesday.
The announcement, made on the first day of Black History Month, has faced scrutiny for seeming to scale back a number of relevant subjects that Florida Gov. Ron DeSantis (R) and other state education officials had criticized.
In January, DeSantis said that the new course would be banned in Florida unless changes were made, arguing that a draft version of the course was “woke.”
Education officials claimed that the class, which had been in the making for nearly a decade, violated a recent state law dubbed the Stop WOKE Act. The legislation regulates public school instruction on race by banning critical race theory and any education that describes some groups as oppressed and others as privileged based on race or sex.
Democrats denounced DeSantis’ action as a political stunt and urged the College Board to maintain its principles.
According to reports, many historical topics like slavery largely remain intact from the previous draft. However, important contemporary issues like Black Lives Matter, affirmative action, queer studies, reparations, and intersectionality — all of which Florida leaders objected to — were removed from curriculum requirements and are no longer part of the AP exam.
Instead, those areas of study have been downgraded to be part of a list of options students can pursue for a mandatory research project. The College Board also added a new research project idea to that list that will certainly please the right: “Black conservatism.”
It has additionally been reported that the organization pulled names of multiple Black authors the state education officials had flagged as problematic, including many famous and pioneering Black scholars who wrote about critical race theory, the queer experience, and Black feminism.
The College Board defended itself against criticism in a press release announcing the changes, claiming that the process of developing the framework “has operated independently from political pressure.”
DeSantis’ Ongoing Culture War
DeSantis’ attempts to influence the national curriculum of an AP course are just his latest in a much broader effort to control what is and is not taught in public schools.
Just one day before the College Board announced the revised course, the governor outlined what The New York Times described as “his most aggressive swing yet at the education establishment.”
Specifically, he proposed a massive overhaul to higher education in the state that would defund and eliminate diversity and equity programs, mandate courses on Western civilization, and reduce tenure protections that are essential to ensure professors have freedom of expression.
Furthermore, the effects of another law DeSantis signed last year are now just beginning to materialize. The policy, which went into effect this July, requires every school book to be age-appropriate, “free of pornography,” and “suited to student needs.”
To follow those guidelines, school books have to be approved by a certified media specialist who has undergone specific training.
Notably, the law also states that teachers can be charged with third-degree felonies if they “knowingly or unknowingly” give students access to a book that the specialists say is harmful — meaning that they could face up to five years in prison and a $5,000 fine.
Last month, the state education department clarified that the rule does not just apply to school libraries, but also to any books a teacher keeps in their classroom too.
Multiple outlets reported this week that records they obtained show at least two school districts have now directed teachers to either remove their books or hide them until review to avoid the possibility of going to jail.
See what others are saying: (The New York Times) (The Washington Post) (The Associated Press)
Biden Announces Plan to End COVID Emergency in May
The decision would drastically change the government’s long-standing pandemic response and shift Americans’ access to COVID-related services.
Emergency Declarations at an End
In a statement Monday, The White House announced that it would be ending the COVID national emergency and public health emergency declarations on May 11.
The move will entirely restructure the federal government’s response to the pandemic to treat it as endemic and upend policies that have been in place for the last three years. Although more than 500 people in the U.S. are still dying from COVID on average each day — which is around two times the number of daily deaths during a bad flu season — life has largely returned to normal.
Most Americans are vaccinated, and even President Joe Biden himself said the pandemic was “over” back in September. The new announcement comes in part as a response to resolutions Republicans brought to the House floor last week that would end the declarations immediately.
“An abrupt end to the emergency declarations would create wide-ranging chaos and uncertainty throughout the health care system — for states, for hospitals and doctors’ offices, and, most importantly, for tens of millions of Americans,” the White House argued.
Lapses in Coverage and Care
Federal officials decided that a phase-out would make more sense because the U.S. has come to rely on several systems and benefits under the emergencies.
One of the most significant changes that will have the biggest impact on Americans in their day-to-day lives is access to COVID tests, treatments, and vaccines that have been free throughout the pandemic.
Once the emergencies end, a very complex wave of changes will take place that differs from person to person depending on their insurance — or lack thereof — and even possibly what state they live in.
Currently, people with private health insurance or Medicare coverage have been allowed eight free COVID tests a month and insurers had to cover those tests, even if they were administered out of network.
Once the emergency ends, some Americans will have to pay out of pocket, as well as for antiviral COVID treatments like Paxlovid.
Notably, it has been reported that vaccines will still be included for all those people covered by both private and public insurance. That, however, may not be the case for those without insurance — a group that is also more likely to be the most affected by rising costs for tests and treatments.
Jen Kates, a senior vice president at the Kaiser Family Foundation, told The Washington Post that when the emergency declarations end, states that opted to provide Medicaid coverage for tests, treatments, and shots will lose the federal funds that matched costs at 100%.
“To me, that’s the biggest issue for the general public to think about,” she said. “The uninsured and underinsured have no guaranteed access to covid vaccines, tests or treatments.”
When it comes to vaccines, those costs could be significant. Moderna and Pfizer have both said they might charge as much as $130 per dose of vaccine once the federal government stops paying and the shots are transitioned to the private market. That figure is nearly quadruple what federal offices have paid for the doses.
The shift to the private market could happen fairly soon, especially because Republicans have refused Biden’s request that they put billions of dollars towards additional free COVID testing and shots to extend those efforts.
There could also be a spike in the number of uninsured or underinsured Americans because the $1.7 trillion spending bill passed last year ends a rule that banned states from kicking people off Medicaid, leaving millions at risk of losing coverage.
Other Possible Outcomes
Ending the declarations could also set up a battle around immigration because the Biden administration has said the move will bring an end to Title 42 — the Trump-era public health measure that placed restrictions on border crossings and other migrant policies.
Biden has previously tried to cut the program, but the Supreme Court kept it in place. House Republicans rejected the White House’s claim that the program would be terminated, arguing it is not tied to the public health emergency.
Beyond that, the termination of the declarations would require health providers to make numerous adjustments because many of the flexibilities they were allowed in a number of areas would be cut.
As a result, the administration says a phase-out of those policies over the next few months is necessary, arguing that hospitals and nursing homes “will be plunged into chaos” if they are cut immediately. House Republicans, however, are insistent on moving forward their legislation that would do just that, though the Democratic-controlled Senate could block their proposals.
See what others are saying: (The New York Times) (The Washington Post) (The Associated Press)
Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates
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.