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Biden Administration Ends Detention for Most Pregnant and Postpartum Migrants

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The move reverses a Trump-era policy that saw a huge spike in the number of pregnant migrants detained by U.S. immigration officials.


Biden Reverses More Trump Immigration Directives

The Biden Administration issued a new policy Friday directing U.S. Immigration and Customs Enforcement to stop detaining or arresting most undocumented migrants who are pregnant, nursing, or postpartum while awaiting deportation hearings.

The move undoes a 2017 rule by the Trump administration, which saw a drastic uptick in detentions of pregnant immigrants after reversing an Obama-era policy that generally allowed them to be released from detention before their court dates.

In the year after the Trump rule took effect, ICE detained nearly double the number of undocumented pregnant migrants from the last year of the Obama administration, according to a Government Accountability Office report.

President Joe Biden’s policy goes further than the Obama administration’s version, which applied solely to pregnant women. Biden’s rule also extends to migrants who gave birth within the last year and those who are nursing, which could last longer than a year.

Additionally, the language in the new directive is gender-neutral, meaning it will apply to transgender immigrants who give birth — a marked departure from past policy.

There are limited exceptions outlined under the rule, which states that pregnant, postpartum, and nursing migrants may still be detained if the person “poses an imminent risk of death, violence, or physical harm” or is a national security concern.

Notably, the directive also does not prevent the migrants from being deported after their protected status ends, nor does it limit the “temporary placements” of pregnant immigrants in “family staging centers” at the Southern Border.

According to ICE data, several hundred pregnant women traveling with children have passed through those facilities in the past fiscal year.

Additional Protections

In a statement Friday, Acting ICE Director Tae Johnson painted the move as an effort to preserve “the health and safety of pregnant, postpartum and nursing individuals.”

“This reflects our commitment to treat all individuals with respect and dignity while still enforcing our nation’s laws,” he added.

Immigration advocates applauded the new policy as a key part of President Biden’s efforts to roll back the stringent immigration restrictions imposed by former President Trump.

“Any change in presidential administration can materially change people’s lives, especially immigrants and folks who are kind of trying to navigate their way through the immigration system,” Breanne Palmer, a lawyer with the advocacy group UndocuBlack Network, told The New York Times. “People who endure detention when they’re pregnant or nursing, you know, they really have very little recourse.”

Like Biden’s other efforts to grant protections to immigrants since taking office, this latest move will likely anger conservative critics, who argue that releasing pregnant migrants in the U.S. ahead of their court hearings functionally guarantees that their children will be born on American soil and thus be automatically granted U.S. citizenship.

However, the new directive applies to a mere fraction of undocumented migrants currently detained by ICE, which said that just 13 pregnant people were in custody as of Thursday. All 13 will now be considered for release.

See what others are saying: (The New York Times) (The Washington Post) (The Seattle Times)

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Feds Investigate Classified Files Found in Biden’s Former Office

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The documents reportedly include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom


What Was in the Files?

President Biden’s legal team discovered about 10 classified files in his former office at the Penn Biden Center for Diplomacy and Global Engagement in Washington D.C., the White House revealed Monday.

The Department of Justice has concluded an initial inquiry into the matter and will determine whether to open a criminal investigation.

According to a source familiar with the matter who spoke to CNN, they include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom.

A source also told CBS News the batch did not contain nuclear secrets and had been contained in a folder in a box with other unclassified papers.

The documents are reportedly from Biden’s time as vice president, but it remains unclear what level of classification they are and how they ended up in his office.

Biden kept an office in the. Penn Biden Center, a think tank about a mile from the White House, between 2017 and 2020, when he was elected president.

On Nov. 2, his lawyers claim, they discovered the documents as they were clearing out the space to vacate it.

They immediately notified the National Archives, which retrieved the files the next morning, according to the White House.

What Happens Next?

Attorney General Merrick Garland must decide whether to open a criminal investigation into Biden’s alleged mishandling of the documents. To that end, he appointed John Lausch Jr., the U.S. attorney in Chicago and a Trump appointee, to conduct an initial inquiry.

Garland reportedly picked him for the role despite him being in a different jurisdiction to avoid appearing partial.

Lausch has reportedly finished the initial part of his inquiry and provided a preliminary report to Garland.

If a criminal investigation is opened, Garland will likely appoint an independent special counsel to lead it.

The case mirrors a similar DoJ special counsel investigation into former President Donald Trump’s alleged mishandling of classified materials and obstruction of efforts to properly retrieve them.

On Nov. 18, Garland appointed Jack Smith to investigate over 300 classified documents found at Trump’s Florida residence, Mar-a-Lago.

Trump resisted multiple National Archives requests for the documents for months leading up to the FBI’s raid on his property, then handed over 15 boxes of files only for even more to be found still at Mar-a-Lago.

“When is the FBI going to raid the many houses of Joe Biden, perhaps even the White House?” Trump wrote on Truth Social Monday. “These documents were definitely not declassified.”

Rep. James Comer (R-KY), the new chairman of the House Oversight Committee, told reporters he will investigate the Biden files.

Republicans have been quick to pounce on the news and compare it to Trump’s classified files, but Democrats have pointed out differences in the small number of documents and Biden’s willingness to cooperate with the National Archives.

The White House has yet to explain why, if the files were first discovered six days before the midterm elections, the White House waited two months to reveal the news to the public.

See what others are saying: (CNN) (The New York Times) (BBC)

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Lawmakers Propose Bill to Protect Fertility Treatments Amid Post-Roe Threats

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The move comes as a number of states are considering anti-abortion bills that could threaten or ban fertility treatments by redefining embryos or fetuses as “unborn human beings” without exceptions for IVF.


The Right To Build Families Act of 2022

A group of Democratic lawmakers introduced a bill Thursday that would codify the right to use assisted reproductive technologies like in-vitro fertility (IVF) treatments into federal law.

The legislation, dubbed the Right To Build Families Act of 2022, was brought forward by Sens. Tammy Duckworth (D-Il) and Patty Murray (D-Wa.) alongside Rep. Susan Wild (D- Pa.). The measure would bar any limits on seeking or receiving IVF treatments and prohibit regulations on a person’s ability to retain their “reproductive genetic materials.” 

The bill would also protect physicians who provide these reproductive services and allow the Justice Department to take civil action against any states that try to limit access to fertility treatments.

The lawmakers argue it is necessary to protect IVF because a number of states have been discussing and proposing legislation that could jeopardize or even ban access to the treatments in the wake of the Roe v. Wade reversal. 

“IVF advocates in this country today are publicly telling us, ‘We need this kind of legislation to be able to protect this,’” Murray told HuffPost. “And here we are after the Dobbs decision where states are enacting laws and we have [anti-abortion] advocates who are now starting to talk, especially behind closed doors, about stopping the right for women and men to have IVF procedures done.”

Fertility Treatments Under Treat

The state-level efforts in question are being proposed by Republican lawmakers who wish to further limit abortions by redefining when life begins. Some of the proposals would define embryos or fetuses as “unborn human beings” without exceptions for those that are created through IVF, where an egg is fertilized by a sperm outside the body and then implanted in a uterus.

For example, a bill has already been pre-filed in Virginia for the 2023 legislative session that explicitly says life begins at fertilization and does not have any specific language that exempts embryos made through IVF.

Experts say these kinds of laws are concerning for a number of reasons. In the IVF process, it is typical to fertilize multiple eggs, but some are discarded. If a person becomes pregnant and does not want to keep the rest of their eggs. It is also normal that not all fertilized eggs will be viable, so physicians will get rid of those.

Sometimes doctors will also implant multiple fertilized eggs to increase the likelihood of pregnancy, but that can result in multiple eggs being fertilized. In order to prevent having multiple babies at once and improve the chance of a healthy pregnancy, people can get a fetal reduction and lower the number of fetuses.

All of those actions could become illegal under proposals that do not provide exemptions. 

“In my case, I had five fertilized eggs, and we discarded three because they were not viable. That is now potentially manslaughter in some of these states,” said Duckworth, who had both of her daughters using IVF.

“I also have a fertilized egg that’s frozen. My husband and I haven’t decided what we will do with it, but the head of the Texas Right to Life organization that wrote the bounty law for Texas has come out and specifically said he’s going after IVF next, and he wants control of the embryos,” Duckworth added.

In a hearing after Roe was overturned, Murray also raised concerns about “whether parents and providers could be punished if an embryo doesn’t survive being thawed for implantation, or for disposing unused embryos.”

Experts have said that even if anti-abortion laws defining when life begins do provide exceptions, it would be contradictory and confusing, so providers would likely err on the side of caution and not provide services out of fear of prosecution.

“[Abortion bans] are forcing women to stay pregnant against their will and are, at the very same time, threatening Americans’ ability to build a family through services like IVF,” Murray said in a statement to Axios. “It’s hard to comprehend, and it’s just plain wrong.”

The federal legislation to combat these efforts faces an uphill battle. It is unlikely it will be passed in the last few days of lame duck session, and with control of Congress being handed to Republicans come January, movement in the lower chamber will be hard fought.

Duckworth, however, told Axios that she will keep introducing the legislation “until we can get it passed.” 

See what others are saying: (Axios) (HuffPost) (USA Today)

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Hundreds of Oath Keepers Claim to Be Current or Former DHS Employees

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The revelation came just weeks after the militia’s founder, Stewart Rhodes, was convicted on seditious conspiracy charges for his involvement in the Jan. 6 insurrection.


An Agency Crawling With Extremists

Over 300 members of the far-right Oath Keepers militia group claim to be current or former employees at the Department of Homeland Security, the Project on Government Oversight (POGO) reported Monday.

The review appears to be the first significant public examination of the group’s leaked membership list to focus on the DHS.

The agencies implicated include Border Patrol, Coast Guard, Immigration and Customs Enforcement, and the Secret Service.

“I am currently a 20 year Special Agent with the United States Secret Service. I have been on President Clinton and President Bush’s protective detail. I was a member and instructor on the Presidential Protective Division’s Counter Assault Team (CAT),” one person on the list wrote.

POGO stated that the details he provided the Oath Keepers match those he made in a sworn affidavit filed in federal court.

The finding came just weeks after Oath Keepers founder Stewart Rhodes was convicted on seditious conspiracy charges for his involvement in the Jan. 6 insurrection.

“Law enforcement agents who have associations with groups that seek to undermine democratic governance pose a heightened threat because they can compromise probes, misdirecting investigations or leaking confidential investigative information to those groups,” POGO said in its report.

In March, the DHS published an internal study finding that “the Department has significant gaps that have impeded its ability to comprehensively prevent, detect, and respond to potential threats related to domestic violent extremism within DHS.”

Some experts have suggested the DHS may be especially prone to extremist sentiments because of its role in policing immigration. In 2016, the ICE union officially endorsed then-candidate Donald Trump for president, making the first such endorsement in the agency’s history.

The U.S. Government has a White Supremacy Problem

Copious academic research and news reports have shown that far-right extremists have infiltrated local, state, and federal law enforcement agencies.

In May, a Reuters investigation found at least 15 self-identified law enforcement trainers and dozens of retired instructors listed in a database of Oath Keepers.

In 2019, Reveal from The Center for Investigative Reporting found that almost 400 current or former law enforcement officials belonged to Confederate, anti-Islam, misogynistic or anti-government militia Facebook groups.

The Pentagon has long struggled with its own extremism problem, which appears to have particularly festered in the wake of the U.S. invasions of Iraq and Afghanistan.

Nearly one in four active-duty service members said in a 2017 Military Times poll that they had observed white nationalism among the troops, and over 40% of non-white service members said the same.

The prevalence of racism in the armed forces is not surprising given that many of the top figures among right-wing extremist groups hailed from the military and those same groups are known to deliberately target disgruntled, returning veterans for recruitment.

Brandon Russell, the founder of the neo-Nazi group AtomWaffen, served in the military, as did George Lincoln Rockwell, commander of the American Nazi Party, Louis Beam, leader of the KKK, and Richard Butler, founder of the Aryan Nation.

In January, NPR reported that one in five people charged in federal or D.C. courts for their involvement in the Capitol insurrection were current or former military service members.

See what others are saying: (Project on Government Oversight) (Business Insider)

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