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Yesterday the D.C. Circuit Court granted the government's request for stay in Huisha-Huisha v. Mayorkas, allowing the Biden administration to continue expelling families and children to danger under its inhumane Title 42 policy. Two weeks ago a federal judge ruled Title 42 illegal, issuing an injunction that would have taken effect today. The Biden administration's decision to continue defending the policy in court has put that injunction on pause. The consequences for families and children seeking safety will be deadly.
Yesterday the D.C. Circuit Court granted the government's request for stay in Huisha-Huisha v. Mayorkas, allowing the Biden administration to continue expelling families and children to danger under its inhumane Title 42 policy. Two weeks ago a federal judge ruled Title 42 illegal, issuing an injunction that would have taken effect today. The Biden administration's decision to continue defending the policy in court has put that injunction on pause. The consequences for families and children seeking safety will be deadly.
Members of the #WelcomeWithDignity campaign, which include organizations serving people expelled under Title 42 and litigators in the Huisha-Huisha case, responded to the ruling:
"Once again, the Biden Administration has shown that it is more committed to defending Title 42 than upholding the human rights of asylum-seekers," said Amy Fischer, Americas Advocacy Director at Amnesty International USA. "The continued weaponization of the pandemic to expel people from our border will result in serious harm for the thousands who have been denied protection, including thousands of Haitians who have been brutalized and expelled under the policy in recent weeks. There is simply no way around it - Title 42 must end, and every day the Biden Administration fights to uphold it, they choose xenophobia and racism over protecting human rights."
"The Biden administration should have never appealed this case," said Tami Goodlette, Director of Litigation at Refugee and Immigrant Center for Education and Legal Services (RAICES) and co-counsel in the Huisha-Huisha case. "The lower court concluded Title 42 was illegal and should not be applied to exclude families from seeking asylum in the U.S. But rather than allow families to seek refuge in our country -- which is legal under U.S. law and international law -- the administration chose to further promulgate the Trump administration's racist and xenophobic policies by appealing the case, and then proceeding to expel thousands of Haitians from Del Rio, Texas under Title 42. The Biden administration has lost its way and needs to remember its promises from the election. Migrants deserve better. Our country deserves better."
"The Biden administration's embrace of Title 42 has exposed people seeking safety to untold violence and suffering," said Neela Chakravartula, Managing Attorney at the Center for Gender & Refugee Studies and co-counsel in the Huisha-Huisha case. "The administration's decision to defend the policy in court is unconscionable, and a complete betrayal of the president's promise to restore access to asylum. Recent events have laid bare the tragic consequences of Title 42. In less than two weeks, the administration has expelled over 5,000 Haitians to a country plagued with widespread violence and insecurity - a human rights travesty, and no small operational feat. They could have used those resources to safely welcome Haitians seeking refuge. Instead, the president has adopted Trump's racist policy as his own, without regard for the families and children harmed as a result."
"All President Biden needed to do to stop applying Trump's Title 42 to families was not seek a stay or appeal, but they did," said Lindsay Toczylowski, Immigrant Defenders' Co-Founder and Executive Director. "Expelling families with kids and other asylum seekers back to the dangerous countries they have fled with no due process is now a Biden policy, one that the Biden Administration fought hard to keep."
"Abusing an obscure public health rule to shut down our asylum system is Stephen Miller's racist legacy. Every day that the Biden administration allows this policy to remain in place is a day that the government knowingly puts children and families in harm's way. What we witnessed at Del Rio last week is a stark reminder of just how violent this policy is. It's an insult to America's family values that within the past month thousands of Haitians -- including babies and toddlers -- have been expelled back to danger," said Paola Luisi, Director of Families Belong Together. "The Biden administration should live up to its promises and end Title 42 immediately. The world is watching Mr. President: we should be protecting children and families, not expelling them back to danger."
"The Biden Administration's embrace of Title 42 is so absolutely maliciously evil because they've done that political calculus that this obscure policy is just complex enough to never grip the mainstream media's and public's full attention so the government can just continue harming immigrants without being held accountable," said Jonathan Goldman, Executive Director of the Student Clinic for Immigrant Justice. "There is no excuse here. They are complicit in the harm started by Trump. The Biden Administration has not simply continued the policy, which would have been bad enough, but they've actively attempted to keep it alive."
"The Biden Administration's continued defense of Title 42 and its ongoing, devastating effects on human rights at the U.S-Mexico border, which includes over 5,400 Haitians unjustly and cruelly expelled pursuant to these policies within the last 11 days, is outrageous and unconscionable. We will not rest until these practices are eliminated and full reparations have been made to all those who have been affected by these serious human rights crimes," said Camilo Perez-Bustillo, on behalf of the leadership team of Witness at the Border.
"What we know about Title 42 after a year of witnessing its impact firsthand at the border is this: it puts vulnerable migrants in danger, it violates asylum law and it empowers criminal groups to take advantage of those who are expelled," said Dylan Corbett, Executive Director of Hope Border Institute. "Title 42 was the driving force behind the mass deportations of Haitian refugees, one of the largest mass expulsions in US history. The court's decision yesterday was a troubling denial of the reality at the border and the unnecessary suffering of the families we are putting in harm's way."
"Title 42 was a disgrace under the Trump Administration, and now, a disgrace under the Biden Administration." said Karen Tumlin, Founder and Director of Justice Action Center. "The unlawful and immoral policy has never been about protecting public health, but rather, the power to summarily expel asylum seekers back to the very danger they are fleeing. That the Biden Administration would deliberately pursue to uphold the application of Title 42 to children and families is particularly shameful, and immigrant communities and advocates will continue to call on President Biden to end this immoral and unlawful policy once and for all."
"The D.C. Circuit court's decision, which allows the Biden administration to continue to shut the door to people seeking protection and send them back to harm without due process, is beyond disappointing, it is devastating," said Luis Guerra, CLINIC's Strategic Capacity Officer. "We will continue to urge the Biden administration to take bold action at our border by creating safe and dignified pathways for those seeking protection and stop hiding behind and upholding the xenophobic policies of the prior administration. The continued use of Title 42 is shameful, unconscionable and simply inhumane; President Biden has the power and means to end it today. Continuing Title 42 is an absolute affront to our laws and our humanity."
"The Florence Project is dismayed that a court has granted the Biden administration's request to halt a court order that would have protected families seeking protection in the United States," said Chelsea Sachau, an attorney with the Florence Immigrant & Refugee Rights Project. "People we meet on the Arizona-Sonora border tell us every day that Title 42 puts them in extremely dangerous situations. Asylum seekers tell us that they want to abide by a safe, orderly asylum process. However, despite campaign promises to the contrary, the Biden administration has failed to give them one, even after nine months in office. In fact, they are fighting tooth and nail to defend this indefensible, Trump-era policy and as a result, to prolong the tremendous human suffering it causes. We can welcome asylum seekers safely and with dignity - the Biden administration is choosing not to at every single opportunity."
"The calls come daily, a young journalist in Nicaragua whose life is being threatened because of his political views, a mother and her two young children who watched her brother's murder by cartel and was told they were next, the thousands of people standing on the other side of a horrific wall seeking refuge from climate disasters, violence, and so much more, all turned away because of a public health law dug up by Stephen Miller to forward his racist agenda", said Laurie Benson, Founder of Madres e Hijos. "Every day that the Biden Administration fights to keep this policy in place is a day that they put politics before people, political agendas before humanity."
"The Biden administration's continued embrace of Title 42 expulsions defies domestic and international law, disregards experts' repeated advice on how to handle public health, and puts families and individuals in danger," said Andrew Geibel, Policy Counsel at HIAS. "Its continued use, including its use to deport over 5,000 vulnerable Haitians back to a country that cannot properly integrate them, shocks the conscience. The Biden administration should end this appeal immediately."
"The federal court of appeals ruling allowing the Biden Administration to continue migrant expulsions at the border under Title 42 is a major disappointment," said Joan Rosenhauer, Executive Director of Jesuit Refugee Service USA. "When President Biden campaigned in 2020, he promised he would repair our asylum process and rebuild it from the Trump Administration's attempts to dismantle it and prevent asylum seekers, as well as refugees and other immigrants, from entering the United States. Instead, he is continuing some of the Trump Administration's worst policies. Rather than defending and legitimizing President Trump's legacy, the Biden Administration should be putting more policies in place based on respect for international law and the United States' legacy of welcoming the stranger and providing safety for those fleeing persecution. Title 42 represents the complete opposite."
"While yesterday's decision from the court was disappointing, ultimately nothing is preventing the Biden administration from doing the right thing and choosing to end its use of Title 42 to expel families and adults seeking protection at our border," said Ursela Ojeda Senior Policy Advisor for Migrant Rights and Justice at the Women's Refugee Commission. "Title 42 is an unlawful and xenophobic Trump-era policy that weaponized public health to shut down access to protection at the border. We are outraged by the Biden administration's decision to continue such expulsions which summarily return vulnerable individuals and families to harm and perpetuate suffering and chaos at the border. We call on the administration to finally restore access to asylum, including by reopening ports of entry."
"Just days after witnessing images of the horrific abuses of Black migrants seeking safety at our borders under Title 42, it is disturbing that the Biden administration would continue to maintain and defend this callous policy harming people seeking refuge," said Avideh Moussavian, director of federal advocacy at the National Immigration Law Center. "That last night's ruling came on the same day that DHS issued new enforcement priorities that arbitrarily and unjustly label people as threats to borders security based solely on their attempt to enter the U.S. - often under the most vulnerable and desperate circumstances - speaks to this administration's deeply harmful focus on deterrence. We will continue to fight this policy and others that disproportionately impact Black and LGBTQIA+ asylum seekers and push to hold this administration accountable to its promise to build a 21st century immigration system that centers the dignity of everyone."
Amnesty International is a global movement of millions of people demanding human rights for all people - no matter who they are or where they are. We are the world's largest grassroots human rights organization.
(212) 807-8400"As the Israeli military weaponizes AI for oppression, the world must confront this hypocrisy and hold it accountable to save lives," said Jewish Voice for Peace.
Amid reporting that the Israel Defense Forces is using an artificial intelligence weapons system touted as improving "operator lethality," Jewish Voice for Peace said Israel's use of technological warfare is "nothing new"—but pointed out that the new reports follow the country's signing of "the first global 'safety' AI treaty."
The Framework Convention on Artificial Intelligence, spearheaded by the Council of Europe, was signed by Israel in September, and "claims to be a legal framework governing AI systems to mitigate risks to human rights, democracy, and the rule of law—but the Israeli military is using AI to do precisely the opposite," said JVP.
The Jewish-led advocacy group spoke out after Middle East Eye (MEE)reported that the IDF has been using a weapons system in Gaza that came out of a collaboration between Israeli Weapons Industries and the Indian company Adani Defence & Aerospace.
The AI system, Arbel, was first unveiled at a defense expo in Gandhinagar, Gujarat in October 2022. MEE reported it is capable of turning "machine guns and assault rifles into computerized killing machines," using algorithms to increase Israeli soldiers' chances of hitting targets with accuracy and "efficiency."
The huge death toll in Gaza—which is conservatively estimated to be about 44,000 but which nearly 100 medical professionals estimated to be more than 118,000 last month, based on their experiences in hospitals there—has previously been linked to Israel's use of AI.
As Common Dreams reported in April, an AI machine called Lavender has been used by the IDF to devise "kill lists," with the military deeming 100 civilian deaths for every Hamas official an acceptable error rate. In December, the Israeli outlets +972 Magazine and Local Callreported that another AI machine called Gospel has been used to target dozens of buildings per day.
Defense analysts told MEE that Arbel has likely been used to "carry out the carnage of Palestinians in a more efficient manner in Gaza."
Antony Loewenstein, an independent journalist who tracks the use of technological warfare in Gaza and the West Bank, told MEE that as Israel has used numerous AI systems over the past 13 months, "targeting civilians was the point. It was never about just going after Hamas."
"I have spoken to people in Gaza, I have seen the direct human impact of this kind of killing," he told the outlet. "It is horrific."
Research analyst Noah Sylvia of the Royal United Services Institute in London told MEE that the IDF "has demonstrated a disregard for civilian life in Gaza to the point of routinely targeting children with small arms, meaning that Arbel could easily be used to make the killing of civilians, of children, more efficient."
The impact of the AI system depends "on the military's operating procedures and commitment to international humanitarian law," said Sylvia.
Humanitarian groups and human rights experts have said Israel is blatantly disregarding international law with its near-total blockade of aid into Gaza and its attacks—some with U.S. weapons—on civilians infrastructure.
JVP said the IDF's use of Arbel indicates Israel is also violating the Framework Convention on Artificial Intelligence, and noted reports that the military has also used "facial recognition technology and advanced weapons to monitor, silence dissent, cut internet access, and obscure its war crimes."
Marwa Fatafta, Middle East policy and advocacy director for Access Now, warned that Israel's partnering with India—where AI companies reportedly have the sixth-highest AI investments in the world at $7.73 billion—may provide "a new and terrifying blueprint for tech-enabled warfare... this time through Indian-Israel military tech."
"Rarely does a technology stay dormant in one location," Fatafta said. "The lawlessness and impunity in which Israel commits egregious crimes with the use of AI should terrify everyone."
"The U.S. must use its leverage to safeguard civilian lives, secure a lasting cease-fire, and advance a pathway toward peace."
A group of progressives in the U.S. House of Representatives on Wednesday endorsed Sen. Bernie Sanders' joint resolutions of disapproval that would block sales of American weapons to Israel as its troops continue to lay waste to the Gaza Strip.
Sanders (I-Vt.) introduced the six resolutions in September and plans to force a vote on Wednesday. In a statement led by Congressional Progressive Caucus Chair Rep. Pramila Jayapal (D-Wash.), the House members said that "if given the opportunity to do so, we would vote in favor of S.J. Res. 111, S.J. Res. 113, and S.J. Res. 115."
Jayapal was joined by Democratic Reps. Becca Balint (Vt.), Joaquin Castro (Texas), Lloyd Doggett (Texas), Sara Jacobs (Calif.), Barbara Lee (Calif.), Jim McGovern (Mass.), Mark Pocan (Wis.), and Jan Schakowsky (Ill.).
While condemning the Hamas-led October 7, 2023 attack and backing "defensive systems that are designed to meet Israel's security needs," the nine House members also argued that "the United States must use all available leverage, including the suspension of offensive weapons transfers, to de-escalate the violence and protect the lives of hostages, including Americans, Palestinian civilians, and all those impacted by the ongoing conflict."
"We are and have been deeply alarmed by the Israeli military's conduct in Gaza, where independent human rights monitors have documented the use of U.S.-provided weaponry in violations of international law," they continued. "According to the Biden administration's own report, 'it is reasonable to assess' that Israeli security forces have used U.S. weapons to violate international humanitarian law. The humanitarian aid entering Gaza has also reached historic lows. In October, an average of 28 trucks per day crossed into Gaza, compared to a pre-war daily average of 500."
The coalition also pointed to the Biden administration's mid-October letter, which threatened to cut off U.S. weapons unless the Israeli government took "urgent and sustained actions" to improve humanitarian conditions in Gaza within 30 days.
"On November 4, 2024, State Department Spokesperson Matthew Miller stated Israel had so far 'failed' to implement the recommendations in the letter, and that assessment was substantiated by several humanitarian organizations," the lawmakers noted. "Despite this clear lack of progress, no meaningful action has been taken by the Biden administration to promote Israeli compliance with stated U.S. policy goals."
Sanders announced plans to bring his resolutions to a vote after a U.S. State Department spokesperson last week responded to a question about the Biden administration's deadline by declaring that Israel is not violating federal and international law.
Warning that U.S. President-elect Donald Trump's return to the White House in January "will only embolden" Israeli Prime Minister Benjamin Netanyahu and his far-right ministers, the House members asserted that a vote for the resolutions "is a vote to politically restrain the Netanyahu government from any forthcoming efforts to formally annex the West Bank and settle parts of Gaza."
"We urge senators to support these joint resolutions of disapproval to block specific offensive arms sales to Israel, upholding U.S. law that prohibits arms transfers to countries that engage in a consistent pattern of gross violations of internationally recognized human rights or restrict the delivery of U.S. humanitarian assistance," the coalition concluded. "The U.S. must use its leverage to safeguard civilian lives, secure a lasting cease-fire, and advance a pathway toward peace."
Some House progressives have separately endorsed Sanders' resolutions. Rep. Cori Bush (D-Mo.)—who lost her August primary to a Democrat backed by pro-Israel lobbyists—said that since President Joe Biden "won't stop sending bombs, it's up to Congress to uphold the law" and urged "every senator who cares about humanity and the rule of law" to vote yes.
Rep. Rashida Tlaib (D-Mich.), the only Palestinian American in Congress, said on social media Wednesday, "Section 620I of the Foreign Assistance Act is very clear: The U.S. cannot provide weapons to any country that 'prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.'"
Biden "has refused to enforce U.S. law and stop sending weapons to the Israeli government as they commit genocide in Gaza and use starvation as a weapon of war," Tlaib added. "Today, every senator will have to decide if they will vote to uphold our own laws and block arms sales to Israel."
So far, only a small number of senators have signaled support for the resolutions—Democratic Sens. Tim Kaine (Va.), Jeff Merkley (Ore.), Brian Schatz (Hawaii), Chris Van Hollen (Md.), Elizabeth Warren (Mass.), and Peter Welch (Vt.). The measures would also have to get through the Republican-controlled House to hit Biden's desk, and overriding an anticipated veto would require two-thirds support in both chambers.
Although the resolutions are not expected to pass even in the Senate, "the Biden administration is aggressively pushing senators to bless continued U.S. weapons shipments for Israel ahead of a first-of-its-kind vote in Congress on the policy," HuffPostrevealed Wednesday after obtaining a copy of talking points the White House is circulating on Capitol Hill.
"Administration officials are suggesting lawmakers who vote against the arms are empowering American and Israeli foes from Iran to the militant groups Hamas and Hezbollah, which the U.S. treats as terror organizations," HuffPost reported. "Senate Majority Leader Chuck Schumer (D-N.Y.) is also privately pressing senators to endorse the ongoing flow of military equipment to Israel, according to one of the aides."
Responding to the report on social media, Sanders ally and Arab American Institute president James Zogby—who is considering a run for Democratic National Committee chair—said that "this White House effort is disgraceful."
"Senators trying to block offensive weapons to Israel aren't aiding Hamas, they're trying to stop genocide, starvation, and massive violations of U.S. laws," Zogby added. "They're saving Palestinian lives and the last shred of U.S. honor."
"Dr. Oz wants to fully privatize Medicare," warned one advocacy group. "That’s why Donald Trump put him in charge of Medicare."
Dr. Mehmet Oz, whose unsuccessful 2022 Pennsylvania Senate bid included pitching voters on a plan to expand the privatized Medicare Advantage program, is now in a position to potentially actualize that plan.
President-elect Donald Trump announced Tuesday that Oz, also known by his TV personality name Dr. Oz, is his pick to lead the Centers for Medicare and Medicaid Services (CMS).
"Dr. Oz—a massive investor in Pharma—told the voters of Pennsylvania his plans to privatize Medicare… and they rejected him. Now Trump is giving him the authority to see his industry-approved plan carried through," wrote the progressive-leaning outlet The Lever, which covered Oz's support for Medicare Advantage back in 2022.
Through Medicare Advantage, which has been promoted by Trump and other congressional Republicans, seniors can opt out of traditional government-run Medicare health plans and instead choose plans administered by private insurers, such as UnitedHealthcare and Cigna.
According to The Lever's 2022 reporting, Oz pushed Medicare Advantage plans on his show The Dr. Oz Show and co-wrote a 2020 column for Forbes with a former healthcare executive in which they argued that a "Medicare Advantage For All" plan can "save" our healthcare system. In the column, Oz and his co-author articulated a plan to expand Medicare Advantage by imposing a 20% payroll tax.
Oz "is not a good pick for a very powerful position in charge of a trillion dollars of healthcare spending," wrote Matt Stoller of the American Economic Liberties Project on X, in reference to The Lever's investigation.
The Lever also reported that Oz's plan to expand private plans under Medicare Advantage could "boost companies in which he invests." For example, Oz and his wife owned up to $550,000 worth of stock in UnitedHealth Group, at the time of reporting. UnitedHealthcare and Humana account for nearly half, or 47%, of Medicare Advantage enrollees nationwide, according to the health policy organization KFF.
Additionally, a 2022 investigation by The New York Timesfound that major health insurers have exploited Medicare Advantage to boost their profits by billions of dollars.
Project 2025, a list of right-wing policy proposals led by the Heritage Foundation that Trump has tried to distance himself from, calls for making Medicare Advantage the default option for Medicare beneficiaries, which, if enacted, "would be a multibillion-dollar annual giveaway to corporations at the expense of Medicare enrollees and taxpayers," according to the liberal research and advocacy organization the Center for American Progress.
Robert Weissman, co-president of Public Citizen, offered a related critique of Oz: Americans "need someone who will crack down on insurers who want to deny care to the sick, providers who skimp on quality healthcare, corporations that want to privatize Medicare, and Big Pharma profiteers and ideologues who want to slash Medicaid and refuse care to low-income people. What they do not need is a healthcare huckster, which unfortunately Dr. Mehmet Oz appears to have become, having spent much of his recent career hawking products of dubious medical value."
In addition to the potential boon for private insurers, some researchers, news outlets, and members of Congress have also raised concerns about the quality of care administered under Medicare Advantage.
A 2022 government report found that "[Medicare Advantage Organizations] sometimes delayed or denied Medicare Advantage beneficiaries' access to services, even though the requests met Medicare coverage rules" and also "denied payments to providers for some services that met both Medicare coverage rules and [Medicare Advantage Organization] billing rules."
In October, a group of three Democratic lawmakers wrote to the current CMS administrator about increasingly widespread abuses and care denials by for-profit Medicare Advantage insurers.
"We are concerned that in many instances MA plans are failing to deliver, compromising timely access to care, and undermining the ability of seniors and Americans with disabilities to purchase the coverage that’s right for them," Sen. Ron Wyden (D-Ore.), Rep. Frank Pallone Jr. (D-N.J.), and Rep. Richard Neal (D-Mass.) wrote in a letter.
"We continue to hear alarming reports from seniors and their families, beneficiary advocates, and healthcare providers that MA plans are falling short, and finding a good plan is too difficult," they wrote.
In particular, they pointed to Medicare Advantage plans' growing reliance on prior authorization, a complex, barrier-ridden process whereby doctors must demonstrate a proposed treatment is medically necessary before the insurer will cover it.
"Overuse of prior authorization is not only harmful to patients, it hinders healthcare providers' ability to offer best-in-class service," they added.
Social Security Works, a progressive advocacy group, warned in a social media post Tuesday that "Dr. Oz wants to fully privatize Medicare."
"That's why Donald Trump put him in charge of Medicare," the group added. "We will fight to stop this charlatan from getting anywhere near our Medicare system."