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Supreme Court Allows for Broad Enforcement of Trump’s Asylum Rule

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  • 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)

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Tik Tok “Skull Breaker” Challenge Leading to Severe Injuries

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  • Tik Tok has seen a new viral challenge that involves a person getting tricked into jumping into the air while two others kick their legs out from under them, causing them to fall onto the ground.
  • Multiple young people have suffered injuries as a result of the challenge, and it has been reported that one Brazilian teenager died.  
  • Concerned parents are striving to raise awareness of the dangers of the trend, and one student even started a non-profit organization to combat pranking and bullying after falling victim to the challenge herself.

Dangerous Online Trend

A new trend is making its rounds on the popular app Tik Tok— one that has led to serious injuries and received backlash from concerned parents.   

The “skull breaker” challenge involves three people standing in a line, shoulder to shoulder, under the pretense that all of them will jump into the air at the same time. But instead, only the middle person jumps while the two people flanking them kick their legs out from under them, causing them to slam into the ground. In most cases it appears that the middle person is tricked into the challenge, unaware that they will be knocked over.

The danger of the “skull breaker” challenge can be found in its name, as it quite literally has the potential to crack people’s heads open. Doctors are warning that it can result in broken bones, concussions, and brain bleeding, among other injuries. 

Tik Tok has expressed their disapproval of the challenge. The app told ABC News that the safety of their users is a top priority and they “do not allow content that encourages or replicates dangerous challenges that might lead to injury.”

Awareness Growing 

This new online fad is the latest dangerous trend among young people, akin to the Tide Pod challenge and the viral Tik Tok “outlet challenge” that prompted warnings from fire officials. A Brazilian teenager reportedly died from the “skull breaker” challenge, and more youth around the world have been seriously hurt.  

The recent virtual trend raised eyebrows in Daytona Beach, Florida in January, when two students convinced an unsuspecting third female student to perform the challenge for Tik Tok content. 

According to the Daytona Beach News Journal, the video has since been deleted. The News Journal reported that the victim’s parents were originally going to let the school handle it but ultimately decided to press charges. The Daytona Beach Police Department told TODAY that two students are facing misdemeanor charges of battery and cyberbullying as a result of the prank.    

On Feb. 8, an Arizona woman posted images of her injured son to Facebook, reporting a head injury as well as stitches and cuts to his face that stemmed from the skull breaker challenge.

“My son was asked to do a jumping contest with his 2 ‘friends,’ when he jumped up, the 2 boys kicked him, as hard as they could, so his legs flew out in front of him,” Valerie Hodson wrote. “He landed hard flat on his back and head, as he struggled to get up he lost consciousness, he fell forward landing on his face.”

“I really contemplated posting this, but I feel there needs to be awareness of this malicious cruel viral prank,” Hodson said.

Facebook: Valerie Hodson

Hodson’s son is not the only child to be hospitalized due to the skull breaker challenge. Teri Smith, a woman located in Alabama, also took to Facebook to discuss her son’s broken bones after falling victim to the prank.

“Prayers needed… Parker was unknowingly tiktok pranked which caused him to fall,” Smith wrote. 

Facebook: Teri Wimmer Smith

Similar pushes for awareness have been seen as impacts of the challenge have been felt by others around the country. In Portland, Oregon, 14-year-old Olivia Ross said she hit her head hard on the ground after she was tricked into the challenge by two seniors at her high school. 

“They just told me we were going to jump for a video. Of course I was excited since they were upperclassmen and they were asking me to be in their video,” Ross told KOIN 6. “But I didn’t know what was going to happen.”

Ross and her mother, Lindsay Zobrist, decided the best course of action was to spread awareness of these types of viral pranks because they expect that many kids don’t know how dangerous they can be. They created a non-profit organization called Teaching Kindness Matters and are working to get school districts to include “pranking” in their definition of bullying. 

See what others are saying: (TODAY) (Forbes) (ABC13)

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Trump Slams Oscars for Awarding South Korean Film Best Picture

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  • At a Colorado rally on Feb. 20, President Donald Trump bashed the Oscars for giving this year’s Best Picture award to “Parasite,” a South Korean film. 
  • He instead called for movies like “Gone With the Wind” to return, a production that has been criticized for romanticizing slavery. 
  • Additionally, Trump called Brad Pitt a “little wise guy” for making a joke about the president’s impeachment trial during his Oscars acceptance speech.
  • In response to his remarks, the U.S. distributor of “Parasite,” dissed the president for not being able to read the film’s subtitles. 
  • Others also gave Trump backlash for not liking the film because it revolves around a struggling Asian working-class family.

Oscars Jab

At a rally in Colorado on Thursday, President Donald Trump took a dig at the 2020 Oscars for awarding Best Picture to the South Korean film “Parasite.” 

“By the way, how bad were the Academy Awards this year?” Trump asked the crowd in Colorado Springs, who responded with boos. 

“And the winner is a movie from South Korea, what the hell was that all about?” Trump asked. “We got enough problems with South Korea with trade. On top of it, they give them the best movie of the year.”

Despite his criticisms, Trump went on to imply that he didn’t even watch the film. 

“Was it good? I don’t know,” he said. 

Credit: CBS News

“Parasite” made history earlier this month when it became the first film in a non-English language to win the Academy Award for Best Picture. On top of that, the movie took home awards for Best Original Screenplay, Best International Language Film, and Best Director—Bong Joon Ho.  

These accomplishments didn’t seem to impress the president. Instead, he called for movies like “Gone With the Wind” and “Sunset Boulevard” to return. Both films feature white stars and were directed by white men. 

Released in 1939, “Gone With the Wind” centers around a plantation-owning family in 1861. Accounting for inflation, it still holds the record for the highest-grossing film in U.S. history. But in recent years, the film has largely gone from a revered American classic to a piece of work examined and criticized for its romanticism of slavery. 

Also at Thursday’s rally, Trump slammed Brad Pitt, who made a joke about the president’s impeachment trial during his Oscars acceptance speech for Best Supporting Actor.

“They told me I only have 45 seconds up here, which is 45 seconds more than the Senate gave John Bolton this week,” Pitt said at the awards show on Feb. 9. 

The “Once Upon A Time in…Hollywood” star was referring to the former national security advisor who had not been allowed to testify in the impeachment trial. 

“And then you have Brad Pitt. I was never a big fan of his. He got up, said a little wise guy statement. Little wise guy. He’s a little wise guy,” Trump said on Thursday.  

Clap Backs Against POTUS

The president’s critiques of the Academy Awards did not go unnoticed. Though “Parasite” is in Korean, it’s accompanied by English subtitles. Neon, the film’s U.S. distributor, responded to Trump’s remarks in a biting tweet. 

“Understandable, he can’t read,” the company said in their reactions to Trump’s dislike of the movie.

Neon added the hashtag #Bong2020 in reference to the film’s director.

The Democratic National Committee also weighed in, adding their own diss to the president. 

“Parasite is a foreign movie about how oblivious the ultra-rich are about the struggles of the working class, and it requires two hours of reading subtitles. Of course Trump hates it.”

Other Twitter users chimed in with similar messages condemning the president. 

“Anyway parasite is still the best movie of the year Trump’s racist ass can cry about it,” one person said.

See what others are saying: (NBC) (Washington Post) (The Hill)

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UCLA Drops Controversial Facial Recognition Plan

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  • After backlash from students and activist groups, UCLA is dropping its plans to use facial recognition on campus.
  • Critics said the software often fails when recognizing women and people of color, and could lead to racial profiling. 
  • UCLA released a statement, just over a week before a National Day of Action to Ban Facial Recognition from College Campuses is set to be held, saying that the school longer thinks the technology would be effective at the school.
  • The use of facial recognition software on college campuses and on a national level has long been a subject of debate. Several cities have already banned it, and last week, two Senators proposed legislation banning it on a federal level unless Congressional guidelines are enacted. 

UCLA Stops Plans to Use Facial Recognition

After backlash from students and activists, the University of California, Los Angeles has dropped its plans to use facial recognition technology on its campus.

UCLA announced plans to potentially use it in its security systems. Students were concerned that this technology could interfere with students’ privacy and lead to racial profiling on campus. 

“We have determined that the potential benefits are limited and are vastly outweighed by the concerns of the campus community,” Michael Beck, the Administrative Vice-Chancellor of the school said in a statement to Fight for the Future, a group advocating for freedom in the digital age.

Fight for the Future is holding a National Day of Action to Ban Facial Recognition from College Campuses on March 2. The group had been very vocal when encouraging UCLA not to adopt facial recognition. They did a test on how effective it would be at the school and found racial biases in its algorithm.

Inaccuracies in Facial Recognition

Fight for the Future used Rekognition, a software made available by Amazon, and scanned publicly available photos of UCLA athletes and faculty and compared them to a mugshot database. They scanned 400 faces in total and said that 58 were falsely matched. 

“The vast majority of incorrect matches were of people of color,” Fight for the Future said of their findings. “In many cases, the software matched two individuals who had almost nothing in common beyond their race, and claimed they were the same person with ‘100% confidence.’”

They are not the only group to find this. According to a study from the National Institute of Standards and Technology, in terms of one-to-one matching, there are higher rates of false positives for Asian and African American faces in comparison to white faces. They specifically noticed increased false positives when it came to African American females.

Student Concerns

Students at UCLA expressed their concerns about this. An editorial in the school’s paper, the Daily Bruin, warned against using facial recognition because of the potential inaccuracies and profiling of people of color.

“For students belonging to these groups, facial recognition technology would simply reinforce the biases that are already stacked against them,” the piece said. The editorial listed privacy as a concern as well.

“Facial recognition technology would present a major breach of students’ privacy and make students feel unsafe on a campus they are supposed to call home,” the Daily Bruin editorial staff wrote. “It is one thing to monitor campus activity with security cameras, but it’s another entirely to automatically identify individuals and track their every move on campus.”

Students and advocacy groups like Fight for the Future were pleased with UCLA’s ultimate decision to not use facial recognition.

“Let this be a lesson to other school administrators: if you try to experiment on your campus with racist, invasive surveillance technology, we will come for you. And we don’t lose,” Deputy Director of Fight for the Future, Evan Greer, said in a statement.

Facial Recognition on a National Scale

UCLA is not the only college in the United States having a conversation about facial recognition. Fight for the Future has been keeping a scorecard of schools that have stated their intentions on using facial recognition. While big schools like Harvard, MIT, Michigan State, and NYU have said they do not intend on using it, other major colleges like Ohio State, Princeton, and the University of Georgia have stated that they might. 

Outside of colleges, other localities have already been working on fighting against facial recognition technology. In 2019, San Francisco became the first U.S. city to ban facial recognition technology. Somerville, MA, Oakland, CA and Berkeley, CA did the same months later. 

Still, this kind of technology is still used on a wide scale. According to Vox, in states like Texas, Florida, and Illinois, the FBI uses it to scan through DMV databases. In many U.S. airports, Customs and Border Protection uses it for screening passengers on international flights. 

Recently Proposed Legislation

The national use of this could be subject to change, though. In February, Senators Jeff Merkley (D-)R) and Cory Booker (D-NJ) proposed legislation that would ban federal use of facial recognition until proper regulations and rules had been established by Congress for it.

“Facial recognition is a technology that is increasingly being used and marketed to law enforcement agencies across the United States without appropriate debate or consideration of its impacts,” the bill said before describing that this technology has been used at protests, rallies, and other events where one’s’ freedom of speech is on display.

“It is critical that facial recognition not be used to suppress First Amendment related activities, violate privacy, or otherwise adversely impact individuals’ civil rights and civil liberties,” the legislation continued. 

This legislation would still allow law enforcement to use it if given a court order.

See what others are saying: (Vice) (USA Today) (TechCrunch)

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