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Trump Administration Announces New DACA Restrictions

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  • 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.

DACA Revisited

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.

Court Rulings

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.

DHS Memo

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.”

Next Steps

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)

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Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates

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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.

See what others are saying: (The Washington Post) (The Daily Beast) (VICE)

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Washington State Launches Investigation Into Abuse at Private Special Ed. Schools

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Allegations include staff kicking a fourth-grader and dragging a child with autism around by his leg.


Abuse Allegations

Washington State’s Office of Superintendent of Public Instruction (OSPI) has launched an investigation into a system of private schools for kids with disabilities after ProPublica and the Seattle Times reported on allegations of abuse.

The series of articles focused on Northwest School of Innovative Learning (NWSOIL). NWSOIL is a set of private schools that serve 500 Washington public school students with serious disabilities. ProPublica and the Seattle Times found years of complaints from parents and school districts against NWSOIL alleging abuse, overuse of isolation rooms, and unqualified aides teaching instead of certified professionals.

One district claimed NWSOIL staff kicked a fourth-grader. Another alleged that a child with autism was dragged around by his thigh.

Many former NWSOIL employees also claim that they were pressured by their parent company to to enroll more students and skimp on basic resources, like staffing.

Investigation Launched

In a seven-page letter, OSPI reminded NWSOIL of its authority to revoke or suspend a school’s approval, meaning that it could shut NWSOIL down. 

“Given the serious nature of the allegations made in the articles, OSPI is examining what, if any, actions need to be taken with respect to Northwest SOIL’s approval to contract with Washington school districts,” Tania May, assistant superintendent for special education at OSPI, wrote in the letter.

OSPI has demanded any records of mistreatment, maltreatment, abuse, or neglect as well as documents pertaining to restraint or isolation of students and calls to the police. They are also seeking information about the student-to-teacher ratio and staff qualifications. 

In the letter, OSPI claims that all of this was previously unknown to them as well as to police, Child Protective Services, and local school districts. They are asking NWSOIL for an explanation as to why the allegations were not reported. 

NWSOIL defended itself in a public statement.

“Use of restraints and seclusion are always used as a last response when a student is at imminent risk of hurting themselves or others, it said. “We strongly deny any allegation that we understaff and/or pressure staff to increase admissions in order to maximize profits.” 

Washington state representatives are considering a reform bill that will give them more oversight on the publicly funded system of private special education schools. 

In this legislation, OSPI and at least one district that sends students to this program would be required to visit before approving the contract. It would also standardize district agreements with programs like NWSOIL, including financial safeguards to make sure funds are being used appropriately.

See the full series: (ProPublica) (The Seattle Times)

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Mass Shootings in Half Moon Bay, Oakland Rock California

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Just since Saturday, at least 19 people have been killed and 17 have been injured in mass shootings in California.


California Sees Third Attack in Under a Week

Two California localities experienced separate mass shootings Monday, just days after an attacker killed 11 and injured nine others in a suburb of Los Angeles.

The first of the most recent shootings took place in Half Moon Bay, a small coastal town about 30 miles outside of San Francisco, where a gunman killed seven and critically injured an eighth at two different locations.

According to authorities, police were dispatched to the first location around 2:20 pm and found four people shot to death and a fifth victim also suffering gunshot wounds. Shortly after, three more people were found dead at another site nearby.

About two hours later, police discovered the suspect in his car in the parking lot of a San Mateo County Sheriff’s Office substation with a semiautomatic handgun in the vehicle that officials later confirmed he had purchased legally.

Sheriff Christina Corpus said the man was taken into custody “without incident” and is “fully cooperating.” He has been identified as a 66-year-old Half Moon Bay resident of Asian descent.

Currently, the gunman’s motive is unknown, but the Sheriff told reporters Monday that both of the locations he targeted were nurseries, and it has since been reported that they were mushroom farms.

“All evidence we have points to this being an instance of workplace violence. The Mountain Mushroom Farm, the first location, is where the subject was employed,” Corpus said in a press conference Tuesday, though she added that, so far, the “only known connection between the victims and the suspect is that they may have been coworkers.”

As of writing, it remains unclear why he targeted the second location. A mushroom farm called Concord Farms has told reporters that it was the site of the second shooting — which a law enforcement official confirmed to The Washington Post.

In a statement to the media, a spokesperson said the farm had “no past knowledge” of the alleged gunman or his possible motives. Little has been released about the victims, though Corpus said Tuesday they were all adults and a “mixture of Asian and Hispanic descent,” some of whom were migrants. 

Authorities had previously stated that, because people both live and work on the farms, children were among those who witnessed the shooting. However, on Tuesday, one official walked that back and said while children were indeed in the vicinity, police do not have information about specific witnesses.

Just hours after the violence in Half Moon Bay, seven people were injured, and one other was killed during a shooting at a gas station in Oakland. Very little has been reported about the incident, but police have said that the shooting was “between several individuals.”

Renewed Calls for Gun Control

Californians continue to reel from the rapid succession of mass shootings in a state known for its strict gun control laws.

According to Everytown for Gun Safety, a nonprofit that advocates against gun violence, the state ranks No. 1 in the country for gun law strength. An analysis led by the organization found that California has the sixth-lowest rate of gun ownership and the eighth-lowest gun death rate.

Many of California’s top lawmakers have argued that the state’s relatively low gun violence statistics emphasize the need for more federal regulations.

“The Second Amendment’s becoming a suicide pact,” Gov. Gavin Newsom (D) told CBS News in an interview.

“We’ll continue to find whatever loopholes we can and continue to lead the national conversation on gun safety reform. And the data bares out. It works. It saves lives,” he continued. “California’s 37% lower than the death rate of the rest of the nation, and yet, with all that evidence, no one on the other side seems to give a damn. I can’t get anything done in Congress.”

Following the Monterey Park shooting, U.S. Sen. Diane Feinstein (D-Ca.), alongside other Democratic colleagues, introduced two gun control bills in the upper chamber. The first would ban assault weapons, while the second aims to raise the minimum age to purchase assault weapons from 18 to 21.

President Joe Biden quickly threw his support behind the measures, urging Congress to pass them.

“The majority of the American people agree with this commonsense action,” he said in a statement Monday. “There can be no greater responsibility than to do all we can to ensure the safety of our children, our communities and our nation.”

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders, suspected mass murderers, or those accused of committing violent crimes who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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