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us department of homeland security
'Horrific Step Backwards': Biden Admin Waives Protections to Speed Border Wall Construction
"Every acre of habitat left in the Rio Grande Valley is irreplaceable," said one advocate. "We can't afford to lose more of it to a useless, medieval wall."
Oct 04, 2023
Environmental protection advocates and immigrant rights campaigners expressed horror Wednesday over a Department of Homeland Security plan entered into the Federal Register that will waive more than two dozen laws in order to expedite the construction of the U.S.-Mexico border wall.
The "notice of determination" was entered under Section 102 of the Illegal Immigration Reform and Immigration Responsibility Act, which was signed by former President Bill Clinton in 1996, and said Secretary of Homeland Security Alejandro Mayorkas "has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements."
The 26 laws—which include the National Environmental Policy Act, the Endangered Species Act, the Migratory Bird Conservation Act, and the Native American Graves Protection and Repatriation Act—are being set aside "to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Starr County, Texas," the Federal Register said.
The waiver will allow construction through the Lower Rio Grande Valley National Wildlife Refuge and could threaten endangered species including ocelots, as well as the plant species Zapata bladderpod and prostrate milkweed, said the Center for Biological Diversity (CBD).
Voces Unidas Rio Grande Valley said it was "disappointed, but not surprised" by DHS's plan and noted that it will further limit the access to green spaces that area residents have.
Mayorkas' determination marks the first time the Biden administration has used its waiver authority under the REAL ID Act of 2005 to override federal laws.
The Trump and George W. Bush administrations
used the authority in all four states that border Mexico to build walls and roads that they claimed were "an impediment" to the construction. Environmental groups have long condemned the REAL ID Act and its waiver authority.
Laiken Jordahl, Southwest conservation advocate for CBD, said it was "disheartening to see President Biden stoop to this level" in order to "build ineffective wildlife-killing border walls" that international advocates say also violates human rights.
"Starr County is home to some of the most spectacular and biologically important habitat left in Texas and now bulldozers are preparing to rip right through it," said Jordahl. "This is a horrific step backwards for the borderlands."
The proposal is the Biden administration's latest escalation of its anti-immigration policies and follows an expansion of the Trump-era Title 42 policy and a rule barring entry into the U.S. for asylum seekers who can't prove they applied for asylum in another country.
"Every acre of habitat left in the Rio Grande Valley is irreplaceable," said Jordahl. "We can't afford to lose more of it to a useless, medieval wall that won't do a thing to stop immigration or smuggling. President Biden's cynical decision to destroy a wildlife refuge and seal the beautiful Rio Grande behind a grotesque border wall must be stopped."
The proposal was announced a month after the federal government's own watchdog, the Government Accountability Office, released a report saying that border wall construction under Trump damaged native plants, helped spread invasive species, disrupted migration patterns for endangered species, and destroyed Indigenous burial grounds and sacred sites.
"There's no end to this insanity,"
said historian Greg Grandin of Biden's plan to fast-track the wall's construction.
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'Affirming Apartheid': Biden Admin to Allow Israel Into Visa Waiver Program
One critic called it "an outrageous endorsement of the Israeli government's systematic discrimination against Palestinian Americans and a reward to the most extremist, racist government in Israel's history."
Sep 27, 2023
Human rights advocates on Wednesday forcefully denounced the Biden administration's move to let Israelis apply to travel to the United States without visas, and vice versa, despite charges that Israel's treatment of Palestinian Americans violates the program's legal requirements.
The U.S. departments of Homeland Security and State confirmed that by November 30, "the Electronic System for Travel Authorization (ESTA) will be updated to allow citizens and nationals of Israel to apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa."
U.S. Secretary of Homeland Security Alejandro Mayorkas said that the designation of Israel into the Visa Waiver Program (VWP) "represents over a decade of work and coordination," and "is an important recognition of our shared security interests and the close cooperation between our two countries."
While U.S. Secretary of State Antony Blinken added that "this important achievement will enhance freedom of movement for U.S. citizens, including those living in the Palestinian territories or traveling to and from them," rights groups and some American lawmakers have been pushing back against such claims.
U.S. Sens. Chris Van Hollen (D-Md.) and Brian Schatz (D-Hawaii), joined by over a dozen colleagues, wrote in a letter to Blinken earlier this month that according to a memorandum of understanding (MOU) signed in this summer, "Israel is not expected to fully implement one system that all U.S. citizen travelers can use for purposes of visa waiver travel until May 1, 2024, well beyond the September 30, 2023 deadline for meeting program requirements."
"The MOU states that Israel will employ 'an interim process for a U.S. citizen who is a resident of the West Bank.' Such a two-tiered system of entry inherently violates the administration's own standard for reciprocity that 'blue is blue'—meaning 'equal treatment and freedom of travel for all U.S. citizens regardless of national origin, religion, or ethnicity," the senators noted. "We have already learned of a number of U.S. citizen families who flew to Israel to take advantage of visa waiver travel under the new MOU who were denied entry for having Gaza IDs."
Van Hollen and Schatz, along with Sens. Jeff Merkley (D-Ore.), and Peter Welch (D-Vt.), reiterated their concerns in a joint statement Wednesday, saying that "to date, Israel has failed to meet the 'blue is blue' requirement. Adherence to this important American tenet of reciprocity and equal treatment of all U.S. citizens is critical to the integrity of the Visa Waiver Program, and we are deeply concerned with the administration's decision to move forward in violation of that principle."
The Biden administration's highly anticipated announcement follows a related lawsuit filed Tuesday by the American-Arab Anti-Discrimination Committee (ADC), whose director, Abed Ayoub, said Wednesday that "by endorsing a tiered system for U.S. citizens, our government has given its tacit approval to Israel's prejudiced policies and apartheid actions."
Especially faced with what is widely considered Israel's most far-right government in the nation's history—reaffirmed by stunts like Israeli Prime Minister Benjamin Netanyahu presenting a map of "The New Middle East" without Palestine during a speech to the United Nations General Assembly last week—a growing number of rights groups have accused Israel of apartheid.
Adalah Justice Project executive director Sandra Tamari declared Wednesday that "apartheid is not only Israeli policy, it is U.S. policy too."
"Israel's discrimination is especially egregious against Palestinian Americans with ties to Gaza," Tamari stressed, "making reunification of families torn apart by Israel's siege and blockade of Gaza near impossible."
Leaders from Americans for Justice in Palestine Action, American Muslims for Palestine, Council on American Islamic Relations, Jewish Voice for Peace Action (JVP Action), Muslim Public Affairs Council, the Jerusalem Fund for Education and Community Development, and the U.S. Campaign for Palestinian Rights also denounced the Biden administration's designation.
JVP Action executive director Stefanie Fox called it "an outrageous endorsement of the Israeli government's systematic discrimination against Palestinian Americans and a reward to the most extremist, racist government in Israel's history."
"Once again, the U.S. is singling out Israel for special and exceptionalized treatment at the expense of the rights of Palestinian Americans," she added. "Jewish Voice for Peace Action calls for the immediate reversal of this decision."
James Zogby, president of the Arab American Institute, suggested that "by choosing to make this reckless move ahead of the September 30, 2023 end of the federal fiscal year, it is also clear the issue of reciprocity was not the only barrier to Israel's eligibility to enter the VWP."
"Moving to admit them now so that an application would not have to restart under potentially different (and post-Covid) visa refusal rates—an additional requirement of the law—is another sign of the prioritization of politics over our rights," he continued. "With this move, Israel has extended its discriminatory apartheid laws to American citizens with our own government's enthusiastic support."
Democracy in the Arab World Now (DAWN) director of advocacy for Israel/Palestine Adam Shapiro, a plaintiff in ADC's lawsuit, said Wednesday that "the U.S. should halt implementation of the visa waiver for Israel at least until a judge reviews what we believe to be the government's arbitrary and capricious actions that enshrine Israeli apartheid in a U.S. program."
"Separate can never be equal, as was determined decades ago in the fight for civil rights in this country," Shapiro added. "Forty countries participate in the VWP, and none have formal arrangements to discriminate against American citizens; only Israel has demanded and been granted this unconscionable favor by the U.S. government."
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Nearly 1,000 Migrant Children Separated From Families Under Trump Still Not Reunited
"This cruelty happened nearly five years ago," said one advocate. "That's an unimaginably long time for children to go without their parents."
Feb 03, 2023
As some families seek restitution for the suffering caused by former President Donald Trump's family separation policy, the U.S. Department of Homeland Security on Thursday acknowledged that nearly five years after the policy was first enforced, 998 children have yet to be reunited with their relatives.
On the two-year anniversary of the establishment of President Joe Biden's Interagency Task Force on the Reunification of Families, the DHS said it has reunited more than 600 children who were taken from their families under Trump's so-called "zero tolerance" policy, which called for the prosecution of anyone who attempted to cross the U.S.-Mexico border without going through official immigration channels.
Many children were reunited through a court process before Biden took office, but of the nearly 4,000 children who were taken from their families and sent to locations across the country with recordkeeping about their identities and whereabouts that was "patchwork at best," according to DHS, roughly a quarter of them are still separated.
"This cruelty happened nearly five years ago," said Krish O'Mara Vignarajah, president and CEO of the Lutheran Immigration & Refugee Service. "That's an unimaginably long time for children to go without their parents."
\u201cThis cruelty happened nearly 5 years ago. That\u2019s an unimaginably long time for children to go without their parents. Tragically, when they reunite, it often takes even longer to heal from the trauma. Without a doubt, the Family Separation policy will forever be a stain on the US.\u201d— Krish O'Mara Vignarajah (@Krish O'Mara Vignarajah) 1675363540
Many of the children who were separated arrived at the border from Central American countries, with their parents traveling to the border to seek asylum from violence and conflict—exercising a protected human right under international and domestic law.
The DHS noted that the number of families coming forward to identify themselves as having been forcibly separated continues to grow.
"We understand that our critical work is not finished," Homeland Security Secretary Alejandro Mayorkas said in a statement. "We remain steadfast in our commitment to fulfill President Biden's pledge to reunify all children who were separated from their families under the 'zero tolerance' policy to the greatest extent possible, and we continue to work diligently to incorporate the foundational principle of family unity in our policies and operations."
"The real world human impact of the Trump administration's depravity still reverberates today."
The agency is currently in the process of reuniting 148 children with their families, and has contacted 183 additional families regarding reunification.
Aside from the attempting to reunite families, the Biden administration said it is also meeting with recently reunified families "to hear directly from them and better understand their experiences and current needs," including support for the trauma the federal government inflicted on them.
On Wednesday, the day before the DHS made its announcement, Selvin Argueta and his son, who is now 21, filed a federal lawsuit seeking monetary damages for the forced separation they suffered in 2018 under the policy. Argueta's son, Selvin Najera, was 16 when they arrived at the border from Guatemala, where they had faced threats from gangs.
Argueta was deported while Najera was sent to a detention center where, the lawsuit alleges, he faced physical and emotional abuse.
Father and son were reunited in January 2020 after a federal judge ruled that Argueta's deportation was unlawful. Their lawsuit seeks restitution for "intentional infliction of emotional distress, negligence, abuse of process, and harboring a minor."
"The real world human impact of the Trump administration's depravity still reverberates today," said journalist Ahmed Baba.
Rights advocates have condemned the Biden administration for continuing other anti-immigration polices including Title 42, under which families are still being separated. The Texas Observerreported in November that between January 2021, when Biden took office, and August 2022, at least 372 cases of family separation were documented by the government.
"Though family separation is no longer explicitly used as a weapon in U.S. immigration policy," wrote Erica Bryant at Vera Institute of Justice last June, "it is still a horrifying result."
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