- The Trump administration has rolled back key aspects of DACA in order to review the future of the policy, including preventing new applicants and limiting other benefits for current recipients.
- In a memo, Acting Secretary of Homeland Security Chad Wolf said he was making the changes “in light of the Supreme Court’s decision.”
- Last month, the Supreme Court rejected President Donald Trump’s 2017 decision to end DACA, a move that put similar restrictions in place, including preventing new applicants.
- After numerous reports of new applicants being rejected, a federal judge ruled that the SCOTUS decision meant that DACA needed to be restored to its full status and that the application process must be reopened.
- As a result, the new decision by DHS appears to violate the appellate court’s decision and will almost certainly face legal challenges.
The Trump administration on Tuesday announced a series of new restrictions to the Deferred Action for Childhood Arrivals (DACA) including prohibiting new applicants and limiting renewals of current recipients in a move that appears to directly violate a federal court ruling.
The move marks the latest attack by the Trump administration on the program, which was created via executive action by President Barack Obama in 2012 to help young immigrants who were brought to the U.S. illegally before the age of 16, also known as DREAMers.
In September 2017, President Donald Trump announced that he was going to wind down DACA and blocked all new applications, claiming that it was unconstitutional because Obama acted outside his executive powers by creating the program without Congress’ approval.
The Supreme Court rejected that attempt last month in a 5-4 decision. Notably, the Court specifically did not say whether or not DACA was legal or illegal.
Instead, it said Trump could not end DACA because the administration did not give adequate legal reasoning to justify scrapping the program; however, the court did not prevent the Trump administration from getting rid of the program if it came up with more sound legal reasoning.
While Trump did say that he still wanted to end DACA, most legal experts believed that SCOTUS ruling meant that the program, which had been diminished under Trump, had to be restored to its full version before Trump rescinded it in September 2017.
Not only would that mean that the 650,000 DREAMers whose futures had been in limbo for nearly three years would now have security, it also meant that the Trump administration would now have to reopen DACA applications for the estimated 300,000 young immigrants who qualified for the program but were unable to apply since 2017.
But about a month after the Supreme Court decision, numerous reports began to circulate claiming that the Trump administration was rejecting new DACA applications.
As a result, on July 17, U.S. District Judge Paul Grimm ruled that the Supreme Court decision meant DACA had to be restored to its full status before Trump tried to scrap it, meaning the Trump administration must accept new applicants.
In a court hearing Friday, Trump administration officials said for the first time that they had not “granted nor rejected” any applications, but instead, had put them all “on hold” while the administration decides on the future of the DACA program; however, they also said that some applications were rejected because of an error like missing information or an incorrect fee.
Judge Grimm responded to that new information by condemning the Trump administration for not explaining to applicants why they were being rejected. He also criticized them for not updating the U.S. Citizenship and Immigration Service website, which still said the government was not accepting new applications over a month after the Supreme Court ruling.
The Trump administration said that the website had “outdated and inaccurate information” that didn’t reflect their current policies. That did not satisfy Grimm.
“That is a problem,” he said. “As for the inaccuracy on the website, that has to change and that should be able to change very quickly… It creates a feeling and a belief that the agency is disregarding binding decisions by appellate and the Supreme Court.”
Grimm also told the administration that it must clarify the status of the program in the next 30 days.
That clarification came in the form of a memo issued by Acting Secretary of Homeland Security Chad Wolf on Tuesday, where he announced that he was “making certain immediate changes to the DACA policy to facilitate my thorough consideration of how to address DACA in light of the Supreme Court’s decision.”
Those changes included rejecting all new DACA applicants, rejecting almost all requests for current DACA recipients to travel outside the U.S. except in “exceptional circumstances,” and requiring current DACA recipients to renew their deferred action and work authorizations every year instead of every two years.
Wolf did say that he was “determined to give careful consideration to whether the DACA policy should be maintained, rescinded, or modified,” but added that based on the evidence he has seen: “I have concluded that the DACA policy, at a minimum, presents serious policy concerns that may warrant its full rescission. At the same time, I have concluded that fully rescinding the policy would be a significant administration decision that warrants additional careful consideration.”
Wolf then went on to outline several reasons why he believes the program is problematic.
First, he said he has “serious doubts” about the legality of offering undocumented immigrants protection from deportation. He argued that Congress should be responsible for deciding legal protections for immigrants and that the executive action that created DACA should not be considered permanent.
Wolf also said he was worried about sending “mixed messages” on the enforcement of immigration laws.
“DACA makes clear that, for certain large classes of individuals, DHS will at least tolerate, if not affirmatively sanction, their ongoing violation of the immigration laws,” he said.
“I am deeply troubled that the message communicated by non-enforcement policies like DACA may contribute to the general problem of illegal immigration in a manner that is inconsistent with DHS’s law enforcement mission.”
Wolf’s memo is highly significant not only because it represents the Trump administration’s first official attack on DACA since the Supreme Court ruling, but also because the ruling appears to directly go against Grimm’s ruling. As a result, it is almost certain to face legal challenges.
“We obviously have no choice but to go back to court,” Mark Rosenbaum, a lawyer who argued against the Trump administration’s move to get rid of DACA in the Supreme Court told the New York Times. “It was illegal the first time, and now it’s a constitutional crisis. It’s as if a Supreme Court decision was written with invisible ink.”
The Trump administration is already on the defense. On Tuesday, unidentified administration officials gave different and even contradictory explanations to different media outlets.
One official told the Wall Street Journal that the interim rules do not go against Grimm’s order because they “constitute a new DHS policy that replaces the DACA cancellation invalidated by the Supreme Court.”
But another administration official also told ABC News that the memo did not create a new program, but served as an “intervening action” while the administration reviewed the policy.
Right now, an exact timeline is unclear. Officials declined to answer whether or not the review would be completed before the election in November when asked by the Times.
Many experts believe that while Trump is positioning DACA as a key immigration issue in the election, he is unlikely to move on the question before then.
DACA is a complicated issue for Trump, who has long said the program is illegal, but DACA has been unusually popular among conservatives. Last month, a Pew Research Center poll found that 74% of Americans said they support the program, including 54% of Republicans.
By making this announcement but pushing this issue, Trump still can still energize his anti-immigrant base, while also avoiding at least some backlash from people who support the DREAMers—a point Trump himself seemed to hit on that point in a press conference Tuesday.
“We are going to make DACA happy and the DACA people and representatives happy, and also end up with a fantastic merit-based immigration system,” he said, adding that the Supreme Court’s DACA ruling gave him “more power,” though the decision said nothing about extending executive powers.
Over the last few weeks, Trump has also said that he will deal with DACA through an executive order on immigration. While his team has tried to backtrack those comments, the remarks are still quite ironic, given the fact Trump’s entire reasoning for getting rid of the program is because he claims it was executive overreach.
See what others are saying: (CBS News) (The Wall Street Journal) (The New York Times)
Viral Photo of Crowded Reopened Georgia High School Sparks Concerns
- A viral photo showing students at North Paulding High School in Georgia walking in a crowded hallway without masks has sparked widespread concerns about schools reopening safely.
- According to BuzzFeed News, there is at least one football player that has tested positive for the coronavirus, as well as several staff members.
- Students who choose to not go to school can be suspended or expelled. Additionally, students who share content criticizing the school can be punished as well, and two have already been suspended for sharing photos of crowded halls, according to BuzzFeed.
- This school is just one of many in Georgia making headlines for seeing positive COVID-19 cases. In Cherokee County, there are four schools with confirmed cases that have forced dozens of students to quarantine within their first week back.
Viral Photo in North Paulding High School
When North Paulding High School in Georgia opened back up on Monday, kids were crammed in the hallway between classes, shoulder to shoulder, many without masks.
A photo that captured one of these crowded halls quickly went viral, prompting widespread outrage as it highlighted just one of several concerns many have about schools reopening throughout the state.
Paulding County Schools Superintendent Brian Otott addressed the photo in a letter early this week, claiming that it lacked larger context. Masks are not mandatory at North Paulding, as the school district said that the choice to wear a mask is a personal one, and claim enforcing a mandate is not realistic. Otott also said that students are not passing one another in the hallway to transmit COVID-19.
Health experts, however, do not believe this is true. With such close proximity and a lack of masks, transmission in situations like this is still possible. The school’s first day also comes as both new cases and deaths in the state of Georgia are in their peak. So far, the state has had a total of 186,395 cases and 3,899 deaths.
If that photo did not spark enough concerns, there is also already at least one confirmed coronavirus case on North Paulding’s football team. According to BuzzFeed News, footballers at the school are not the only ones at risk.
Teachers told the outlet that there are positive cases among the staff, including an employee who came into contact with most teachers while they were symptomatic. Still, the school will not confirm cases among employees for privacy reasons.
“That was exactly one week ago, so we are all waiting to see who gets sick next week,” one teacher told BuzzFeed.
Most who are nervous about attending school are left with essentially no other option than to face their fears and risk infection. Virtual learning was an option for students at North Paulding, but the limited slots filled up quickly. On top of this, BuzzFeed News learned from a set of parents who wanted to keep their son home upon seeing the photo, that any student who chooses to not attend school could face suspension or expulsion.
On top of this, the school made an announcement warning students that anyone who shared negative content about the school online would face disciplinary action. According to BuzzFeed News, two students have already been suspended for sharing now-viral photos of crowded halls.
North Paulding is not the only school in the state making headlines. In Cherokee County, a second grader tested positive for the virus on the first day of school. Now, their class of 20 students will be quarantining for 14 days.
On Wednesday, officials announced that three additional schools in the county had positive cases. Those cases involved a first grader, eighth grader, and Kindergarten teacher. Several students and staff at each of these schools now must undergo a two week quarantine as well.
Statewide, school officials are concerned about what the school year will look like.
“So long as COVID-19 runs rampant, there will be too many bodies in close quarters for us to co-exist in a traditional setting,” Dooly County Schools Superintendent Craig Lockhart telling the Atlanta Journal-Constitution. “We are not ready to return to in-person schooling and be highly confident that we can protect employees and students.”
But on the other side of this, there are parents and students eager to get back to in person classes, either because they trust their school district to handle things well, or because online learning at home just was not working well for them.
“There is a really strong case for trying to reopen schools because there are so many benefits, both for children, not only academic benefits but health and social-emotional health, and also for families, many of whom are trying to get back to work to restart the economy,” Charlene Wong, an assistant professor of pediatrics at the Duke School of Medicine also told the AJC.
Can Kids Spread the Virus?
Still, Wong believes that safety opening schools is complex and requires a multitude of safety measures. The risk is especially high because experts are still in the early stages of learning what role children play in spreading and getting this virus, especially in a crowded space like a school. Currently, most studies and research have not focused on children, so there is not enough data to prove anything just yet, despite the widespread belief that children are less likely to get and transmit the virus.
In fact, one case out of Georgia proves that idea wrong. One summer camp in Georgia was forced to close after there were 260 coronavirus cases on site, the majority of which came from people aged 17 and younger.
Another study done in South Korea concluded that while children nine and under do not transmit the virus as frequently as adults, the risk of them doing so still exists. That study also claims that people between the ages 10 and 19 actually spread COVID-19 at the same rate as adults.
See what others are saying: (BuzzFeed News) (Atlanta Journal-Constitution) (Washington Post)
NJ Woman Charged for Assaulting Staples Customer Who Asked Her to Correctly Wear a Mask
- New Jersey Police have charged 25-year-old Terri Thomas with second-degree aggravated assault for violently tossing a woman with a cane to the ground at a Staples store last Wednesday.
- Thomas attacked 54-year-old Margot Kagan for telling her to wear her face mask properly.
- Kagan, who police say had a liver transplant four months ago, was hospitalized and is recovering from a leg injury that required surgery as a result of the incident.
Police in New Jersey said Tuesday that they arrested and charged a woman caught on surveillance video attacking a fellow Staples customer who told her to correctly wear her mask.
The dispute happened inside a Hackensack Staples store last Wednesday when 54-year-old Margot Kagan was using the copy machine. Kagan, who police said had a liver transplant four months ago, noticed 25-year-old Terri Thomas walk by with her mask below her mouth.
Kagan told a local news station that she told Thomas, “You should really put a mask on,” and warned her that she was endangering everyone. However, the remarks made Thomas angry she reportedly began yelling.
The surveillance footage shows Thomas walking towards Kagan, who lifts her cane to keep Thomas away. Thomas then reaches for the cane and violently tosses Kagan to the ground.
Thomas walks out of view for a few seconds and when she returns, Kagan sticks her leg out to trip Thomas, but Thomas ultimately walks away unharmed and leaves the store.
Injuries and Charges
Kagan was hospitalized after the attack and police said she left with a fractured left tibia that required surgery. However, Kagan later told ABC 7 she suffered a broken knee and required a steel plate to be put in. She also claims she’s been told by doctors that she won’t be able to put weight on her leg for seven to 10 weeks.
As far as Thomas, police have charged her with second-degree aggravated assault and she was released on a summons pending a court appearance on August 24. In New Jersey, the charge is punishable by 5-10 years in jail, and fines as high as $150,000.
Hackensack police are encouraging anyone who witnessed the crime or have any information to reach out to them.
Aurora Police Apologize for Drawing Weapons on Black Family in Mistaken Stop
- Police drew guns on a Black family in Aurora, Colorado on Sunday who they believed were in a stolen vehicle, ordering the group out of the car and facedown down on the ground.
- The passengers were girls between the ages of 6 and 17 and video shows them sobbing in fear during the incident, with at least two minors in handcuffs.
- The adult female driver was able to confirm that the car was not stolen and police explained that the car had the same plate information as a car reported stolen in a different state. They also blamed the mixup on the fact that the family’s car was reported stolen earlier this year, even though Aurora police returned it back to them a day later.
- The city’s new police chief apologized and offered them therapy resources. She also said officers followed protocol but should be allowed to use discretion to deviate in situations like this and has ordered her team to look at new training practices.
Police in Aurora, Colorado apologized Monday for drawing weapons on a Black family after mistaking their car for another stolen vehicle.
On Sunday, August 2, Brittney Gilliam decided to take her 6-year-old daughter, 12-year-old sister, and 14 and 17-year-old nieces out to get their nails done. Gilliam told CNN that her niece had just gotten back in the car after looking to see if the nail salon they wanted to go to was open. At this point, she and the girls were parked in a parking lot with the car turned off.
That’s when Aurora police pulled up behind the vehicle with guns drawn. Then, police allegedly yelled at the group to put their hands out of the window and get out of the car.
She said the family exited the vehicle and were told to lay face down on the ground. At that time, police handcuffed Gilliam, her 12-year-old sister, and 17-year-old niece. Gilliam claims that police would not explain why she was pulled over until she was handcuffed. Then, they pulled her away to verify her claim that the car was not stolen as the children remained on the ground.
A bystander named Jennifer Wurtz began recorded the incident after the family was handcuffed. The footage is about 12 and a half minutes long, but a shorter minute in a half-second clip went viral on Twitter. That clip shows the minors facedown on the floor sobbing as police try to keep onlookers away.
Eventually, police sit the children up and in the longer video, Wurtz can be heard pressing the officers about why they had drawn guns on children.
Police repeatedly asked her to stop interfering, however, they did say she had the right to film. Wurtz stopped pointing the phone towards the scene, but continued to criticize the stop and asked for the officers’ names.
As frustration from onlookers grew, one officer explained that this was a “high-risk stop” and that police were following procedure.
The onlookers were still angry about the policy being used against children and became angrier after learning that the car was in fact, not stolen.
What Caused the Confusion?
As far as what the mixup actually was, Gilliam explained that she had reported her car stolen in February, but that case was cleared up. In fact, her attorney told CNN that when her vehicle was stolen, it was actually returned to her the next day by Aurora police.
In a statement late Monday, Intern Chief of Police Vanessa Wilson said that after the stop, police realized the car Gilliam was driving was not stolen. Instead, another vehicle with the same plate information but from a different state had been. The Associated Press reported that the vehicle was a motorcycle from Montana.
In her statement, Wilson said “The confusion may have been due, in part, to the fact that the stopped car was reported stolen. After realizing the mistake, officers immediately unhandcuffed everyone involved, explained what happened and apologized.”
“I have called (Gilliam’s) family to apologize and to offer any help we can provide, especially for the children who may have been traumatized by yesterday’s events,” she continued. “I have reached out to our victim advocates so we can offer age-appropriate therapy that the city will cover.”
Outrage and Apology
Still, that did little to put the community at ease, especially since the incident comes amid widespread frustration over how Black people are treated by police. Frustrations are especially high in Aurora, where police have faced security for the 2019 death of Elijah McClain. McClain was an unarmed Black man who was stopped by officers as he walked home after he was reported as a suspicious person in a ski mask.
During the confrontation, officers placed him in a chokehold and paramedics injected him with ketamine to sedate him. He then suffered a heart attack in the ambulance and was declared brain dead days later before being taken off life support.
Just last month, two officers were fired for reenacting the chokehold in a photo near the memorial site for Elijah McClain A third officer was fired for not alerting supervisors about the photo while a fourth resigned before a disciplinary hearing about the incident.
So this latest incident piled on the existing outrage against the local department and police policies in general. And many, including Gilliam, felt that the stolen car mixup did not justify how the young girls were treated.
“That’s police brutality,” she told KUSA. “There’s no excuse why you didn’t handle it a different type of way. … You could have even told them, ‘Step off to the side let me ask your mom or your auntie a few questions so we can get this cleared up.’ ”
In her statement, Chief Wilson confirmed that a suspect in a stolen vehicle is a high-risk stop, and said officers followed procedures they are trained to carry out. However, she added that the department, “must allow our officers to have discretion and to deviate from this process when different scenarios present themselves.”
Wilson added that an internal investigation into this incident has been opened and said she had directed her team to look at new practices and training. Her promises to reexamine department practices are especially significant because that same Monday night, Aurora’s city council voted to make Wilson the city’s permanent police chief.