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    Supreme court reinstates Biden’s ‘ghost gun’ restrictions for now

    The US supreme court on Tuesday granted a request by President Joe Biden’s administration to reinstate – at least for now – a federal regulation aimed at reining in privately made firearms called “ghost guns” that are difficult for law enforcement to trace.The justices put on hold a 5 July decision by US district judge Reed O’Connor in Fort Worth, Texas, that had blocked the 2022 rule nationwide pending the administration’s appeal. O’Connor found that the administration exceeded its authority under a 1968 federal law called the Gun Control Act in implementing the rule relating to ghost guns, firearms that are privately assembled and lack the usual serial numbers required by the federal government.skip past newsletter promotionafter newsletter promotionMore details soon… More

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    Biden administration sued over asylum appointment app that ‘does not work’

    Immigrant rights advocates and asylum seekers filed a lawsuit against Customs and Border Protection last week, claiming federal officials have created a new, unlawful hurdle for people seeking asylum in the United States.Migrants fleeing violence in their home countries are now required to book an appointment with border officials through CBP One, a smartphone app designed by the US government.“It is unfathomable that a refugee who just traveled across nine different countries with only the clothes on their back would somehow have access to a very expensive smartphone,” said Angelo Guisado, an attorney with the Center for Constitutional Rights, part of the legal team behind the lawsuit.Many asylum seekers cannot schedule appointments on the app because they do not have “up-to-date smartphones, wifi, a cellular data plan, or reliable electricity, all of which are necessary to use CBP One”, according to the new lawsuit.The lucky few who managed to download CBP One said the app is riddled with technical glitches, indecipherable error messages, and mistranslations of English words.“People are scraping together whatever money they have to buy smartphones, all for an app that does not work,” Guisado told the Guardian.Though the app is available to view in Spanish and Haitian Creole, the error messages are often written in English. One migrant showed Guisado an error message that appeared to just be a line of computer code.“We know the Republicans intend on making life harder for every single poor, Black, or brown person who wants to immigrate here, but Democrats are doing the same exact thing while putting forth these statements that adhere to higher ideals,” Guisado said.The Biden administration first announced the CBP One requirement for asylum seekers in May, when the US prepared to lift a pandemic-era restriction on immigration called Title 42. As the government braced for a sudden uptick in migrants along the US-Mexico border, the app was billed as a tool to more quickly process asylum requests.Despite widespread warnings, the so-called “migrant surge” never materialized. In May, Homeland Security secretary Alejandro Mayorkas told CNN that border agents saw a “50% drop in the number of encounters versus what we were experiencing earlier in the week before Title 42 ended”.Still, the Biden administration continued to use CBP One to process people seeking asylum. Even after officials touted record-low border crossings, the app remains a primary arbiter of who gets to be considered for asylum.A spokesperson for Customs and Border Protection told the Guardian that, thanks to the app’s new usage, the agency “is processing on average 4-5 times as many migrants per day at south-west border ports of entry than it did a decade ago, significantly expanding access to our ports of entry.”The agency spokesperson also said “CBP continues to process individuals who walk up to a port of entry without an appointment”.Under the Department of Homeland Security’s own guidelines, migrants who face exceptional danger, like threats of murder or kidnapping, are eligible for asylum without a pre-scheduled appointment.But when a Nicaraguan woman – identified in the lawsuit as Michelle Doe – approached the border with her newborn baby, officers turned her away. She explained that her abusive ex-partner, a member of the Mexican cartel, had broken her phone before he threatened to kill her.The border officers told Michelle that she still needed to book an appointment through CBP One.Many of the would-be asylees in the lawsuit are single mothers who fled their homes after experiencing domestic abuse, threats of gang violence, or in Michelle’s case – both.“After getting turned away by CBP, they come to us to hide them,” said Nicole Ramos, director of the border rights project at Al Otro Lado, a legal nonprofit and a plaintiff in the new lawsuit.Since May, Ramos and her team have scrambled to find safe shelter and medical care for asylum seekers who were turned away because of the new app policy.It’s dangerous work that requires extreme discretion – Ramos is in constant fear that migrants like Melissa will be discovered by cartel members while waiting to land an appointment with US border officials.“While they’re waiting to get this app to work, these people are being hunted,” Ramos said. “The only time it seems possible for us to get around this app, to get an exception, is when people have very, very grave and urgent medical conditions.”Even then, Ramos said she and her colleagues need to show Customs and Border Protection “extensive medical documentation” to prove that a migrant qualifies for an exception. Because the process of getting an exception is so cumbersome, Ramos said she has been forced to triage asylum cases, prioritizing the migrants who cannot receive medical care in Mexico.“The whole process requires us as advocates to participate in vulnerability Olympics, we have to decide who is most likely to die sooner, so we push to prioritize their cases,” she said. More

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    ‘Bidenomics’ is working – which means Biden and the Democrats may win too | Robert Reich

    Until recently, I assumed that Joe Biden would get a second term despite worries about his age because most Americans find Trump so loathsome.But I’ve underestimated Bidenomics. It’s turning out to be the most successful set of economic policies the United States has witnessed in a half-century.It may not only give Joe another term but also give Democrats control over both houses of Congress. It may even put the nation on the path to widely shared prosperity for a generation.New economic data last week showed that inflation cooled to 3% in June, down from over 9% last year, and close to the Fed’s goal of 2%.And as inflation has subsided, real wages – that is, what paychecks will buy – have finally risen.Meanwhile, economic growth has accelerated. Consumer spending is solid. Consumers expect the economy to continue to do well.Inflation is coming down without a crash landing, in large part because the Fed’s rate increases – designed to slow the economy, stop wage growth and cause higher unemployment – are being offset by Bidenomics’ massive public investments in infrastructure, semiconductors, wind and solar energy, and manufacturing.This isn’t all. The Biden administration has added three other critical ingredients: the threat (and, in some cases, reality) of tough antitrust enforcement, a pro-labor National Labor Relations Board, and strict limits on Chinese imports.Taken together, these policies are beginning to alter the structure of the American economy in favor of the bottom 90%.In recent decades, the Fed has been in charge of evening out the business cycle, but no one has taken charge of altering the structure of the economy so that the poor and working middle class get a larger share of the gains.This restructuring has been difficult to achieve for the simple reason that the monied interests don’t want it.In Republican circles, the monied interests have preached the snake oil of supply-side economics, which legitimized giant tax cuts going mostly to the rich and large corporations.Those tax cuts – under Reagan, George W Bush and Trump – exploded the federal debt, fueled giant profits in the biggest firms and financial institutions, and stoked a surge in billionaire wealth but did literally nothing for average working people. Nothing trickled down.In Democratic circles, the monied interests have used neoliberalism – which has called for deregulation, privatization, free trade and the domination of finance over the economy.This orthodoxy pervaded the Clinton and Obama administrations. (I won’t bore you with my war stories, but trust me.)The result was similar to that of supply-side economics: wealth surged to the top, but average working people remained stuck in the mud.In contrast to both supply-side economics and neoliberalism, the Biden administration is focused on altering the structure of the economy.Over the past year, manufacturing construction in hi-tech electronics, which the administration has subsidized through Chips and the Inflation Reduction Act, has quadrupled.Tens of billions in infrastructure spending has been funneled to the states for road, water system and internet upgrades.More clean-energy manufacturing facilities have been announced in the last year than in the previous seven combined.Biden understands that these investments must translate into high-paying jobs, which often require unions.“When I think climate, I think jobs … union workers are the best workers in the world,” he said in a recent speech on what he has called Bidenomics.The monied interests don’t want unions, of course. The narrow congressional majority that got these bills passed rolled back some of the labor conditions that originally accompanied the tax credits and grants.Moreover, much of the funding is pouring into so-called “right-to-work” states that make it exceedingly difficult to unionize.But a buoyant economy strengthens the hand of workers, making it easier to unionize – which helps explain the ubiquitous labor action this summer.Voters may not yet understand Bidenomics, but it’s probably not necessary that they do in order for Biden and the Democrats to benefit.If Bidenomics continues to alter the structure of the economy in ways that help the vast majority, voters will give Biden another term and reward Democrats with both houses of Congress.And if Bidenomics is successful, it will make the American economy both stronger and fairer in years to come.I’m betting on it.
    Robert Reich, a former US secretary of labor, is professor of public policy at the University of California, Berkeley, and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com More

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    Big business lobbies against heat protections for workers as US boils

    Big-business lobbyists, including big agricultural and construction groups, are pushing to water down or stymie efforts at the federal and state levels to implement workplace heat protection standards.This summer, millions in the US have been exposed to some of the hottest days on record, inciting renewed urgency for federal protections from heat exposure for US workers. The Biden administration has proposed federal heat protections for workers. But those rules face stiff opposition and could take several years to be finalized under current rule-making processes and laws. They could even be scrapped depending on the outcome of 2024’s election.Business groups and lobbyists have aggressively opposed efforts at state and federal levels to enact heat protection standards for workers, claiming employers already practice what a standard would mandate, expressing concerns about the burden on employers, and claiming the efforts take a “wrong approach”.Between 2011 to 2021, 436 workers died from heat exposure according to the Bureau of Labor Statistics, but that is most likely an undercount because heat-related deaths are often attributed to other accidents or health conditions.At present, no federal law protects workers specifically from extreme heat. Farm workers and advocacy groups are also pushing to include heat protections for farm workers in the 2023 farm bill currently being considered by Congress. But with Republicans in control of Congress, such a measure is unlikely to pass.In September 2021, the Biden administration announced the launch of a rule-making effort at the Occupational Safety and Health Administration (Osha) to develop heat exposure standards to protect outdoor and indoor workers.The powerful American Farm Bureau Federation has objected to the proposal. “Considering the variances in agricultural work and climate, AFBF questions whether the department can develop additional heat illness regulations without imposing new, onerous burdens on farmers and ranchers that will lead to economic losses,” it said in its comments on the rule.The group has a long history of denying science around the climate crisis and has teamed up with fossil fuel interests in fights over climate policies.The Construction Industry Safety Coalition (CISC) said while it “appreciates Osha’s rule-making in this area”, its members have “significant concerns with any regulatory approach that imposes complicated requirements on contractors and requirements that are triggered by threshold temperatures that are common in wide swaths of the country for much of the year”.The National Demolition Association, a construction business group, said in its opposition “issues of heat exposure and the means to address it on the variety of construction worksites across the country are extremely complex”. The proposed rule “essentially dictates how and what should be included in an Osha standard for heat exposure, [and] does not account for the complexities of the issue”.A handful of states, California, Colorado, Washington, Oregon and Minnesota, have issued their own heat exposure standards. Oregon is the only state also to protect indoor workers from heat exposure. Business groups have responded with lawsuits in Oregon and industry groups have already questioned the feasibility of a federal heat illness standard.Meanwhile, the Texas governor, Greg Abbott, has rescinded city ordinances that mandated heat protections for workers. The move was applauded by business groups.Last week Biden announced new measures to tackle the heat crisis, including hazard alerts for workplaces such as farms and construction sites. Experts described the announcement as positive but modest. In the meantime, his efforts to implement federal heat protections are making slow progress.The Osha rule-making process comprises seven stages. On average it takes Osha over seven years to develop and issue safety and health standards, according to a report by the Government Accountability Office. And it can take significantly longer. An Osha standard on silica exposure finalized in 2016 took 45 years to implement. The agency estimated it would have prevented 1,600 new cases of silicosis annually and saved more than 600 lives a year.“It’s going to be many, many years before we see a final standard, because there’s so many steps the agency has to go through, and they have to collect so much data and so much information more than other agencies when they do something similar,” said Debbie Berkowitz, who served as chief of staff and senior policy adviser at Osha during the Obama administration.“It’s not rocket science to protect workers from heat. Many employers do it but many employers don’t. It’s not that expensive,” Berkowitz said. “But it’s good to have a standard, a standard will really save lives.”Berkowitz said that protection standards for workers should include water, rest breaks, access to shade, acclimatization for workers exposed to excessive heat on the job, and training for workers and managers on heat protections and the symptoms of heat illnesses. While at Osha, she noted, several investigations into heat-related worker deaths involved workers who had just started working in intense heat on the job. For example, in July 2022, 24-year-old Kaylen Gehrke died on the job from heat stroke in Louisiana on her first day conducting archaeological surveys outdoors while the area was under a heat advisory warning.“The workers most impacted are the ones who bring us our food, build our buildings, it seems to me a no-brainer to give Osha the authority to move quickly to require these basics, that employers require water, that they educate workers on the early symptoms of heat stress that if not attended to can lead to fatalities quickly,” Berkowitz added. “I think most farm workers and other workers that go and toil in the sun every day deserve our gratitude and our thanks and deserve this protection.”At least two Florida farm workers have died this year due to heat exposure, 29-year-old Efraín López García died on 5 July and another unnamed farm worker died in Parkland in January on their first day on the job. The state legislature declined to consider a bill to enact heat exposure protections for workers, though the protections would not have been enforceable. Miami-Dade county recently introduced a bill in the county commission to enact heat standards locally.Dr Nezahualcoyotl Xiuhtecutli, general coordinator of the Farmworker Association of Florida, explained farm workers are even more susceptible to heat exposure due to the piece rate system, where workers are paid based upon the number of units of crops they pick.“The piece rate system makes it even more difficult because they feel pressure to work harder and pick more so they can actually increase their salary, but this disincentivizes them from taking breaks and paying attention to their body because they’re thinking about how it’s going to affect their income,” said Xiuhtecutli.He expressed disappointment that the Florida legislature didn’t consider a bill to implement heat protections for workers and argued the onus shouldn’t be on workers themselves to protect themselves from excessive heat.“These deaths are preventable,” he said. “We have guidelines for how to prevent them. Neglecting to take care of them just really speaks volumes about our priorities as a society and as a state, because we can’t even take care of the lives of our most vulnerable workers.”With recent extreme heatwaves, anticipation of a new normal of record-setting temperatures due to the climate crisis, and ongoing reported cases of workers dying on the job due to heat exposure, worker advocacy groups, unions and elected officials are increasing pressure for heat exposure standards to be implemented at local, state and federal level.On 25 July, Congressman Greg Casar of Texas began a thirst strike at the US Capitol with the labor activist Dolores Huerta, calling on Osha to implement federal heat standards to protect workers, including water breaks. Some 112 members of Congress signed a letter on 24 July calling on Osha to implement heat protection standards for workers, basing standards on a proposed congressional bill, the Asuncion Valdivia Heat Illness and Fatalities Prevention Act, named after a farm worker who died from heat exposure in 2004.The bill was reintroduced to Congress on 26 July. Congress has previously passed legislation ordering Osha to expedite safety standards, such as the Needlestick Safety and Prevention Act passed in 2020 that mandated Osha update worker safety standards on blood-borne pathogens.“It’s a commonsense piece of legislation that will require employers to provide workers with what are quite frankly, humane work conditions in the face of extreme heat,” said Dr Rachel Licker, a principal climate scientist at the Union of Concerned Scientists and co-author of a 2021 report on the threat climate change poses to workers. “We know that there’s already extreme heat happening around the world at levels that are dangerous for outdoor workers and the story is just going to get worse as the world warms because of climate change and emissions from fossil fuels, so it’s clearer than ever that we need to be better prepared because workers are getting injured and dying on the job because of this hazard.”In a statement, Osha’s assistant secretary, Doug Parker, said that as the agency is working on issuing a final rule on heat illness prevention, it is ramping up enforcement compliance efforts and outreach efforts.“Many workers are at increased risk, sometimes because of the jobs they do, but also because of factors like the color of their skin, their ethnicity, or the fact that English is not their first language,” said Parker. “Every worker is entitled to a safe and healthy workplace, and we will continue to use all the tools in our toolbox to ensure all workers have the health and safety protections they need and deserve in every workplace.” More

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    Federal judge blocks Biden administration’s restrictive asylum rule

    A federal judge on Tuesday blocked a rule that allows immigration authorities to deny asylum to migrants who arrive at the US-Mexico border without first applying online or seeking protection in a country they passed through.But the judge delayed his ruling from taking effect immediately to give the Joe Biden White House time to appeal.The order from judge Jon Tigar of California’s northern federal district takes away a key enforcement tool set in place by the Biden administration as coronavirus-based restrictions on asylum expired in May. The new rule imposes severe limitations on migrants seeking asylum but includes room for exceptions and does not apply to children traveling alone.In an order that will not take effect for two weeks, Tigar wrote “the rule … cannot remain in place”, in part because it improperly presumes people who enter the country between legal border crossings are ineligible for asylum.The justice department said it would seek to prevent the judge’s ruling from taking effect and maintained the rule was lawful.Immigrant rights groups that sued over the the rule applauded the judge’s decision.“The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it,” American Civil Liberties Union attorney Katrina Eiland, who argued the case, said in a statement.The administration had argued that protection systems in other countries that migrants travel through have improved. But Tigar said it was not feasible for some migrants to seek protection in a transit country and noted the violence that many face in Mexico in particular.He also wrote that the rule was illegal because it presumes that people are ineligible for asylum if they enter the country between legal border crossings. But, Tigar wrote, Congress expressly said that should not affect whether someone is eligible for asylum.skip past newsletter promotionafter newsletter promotionBiden’s staff has said the asylum rule is a key part of its strategy to balance strict border enforcement while ensuring several avenues for migrants to pursue valid asylum claims. According to Customs and Border Protection, total encounters along the southern border have gone down recently. More

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    ‘Missing witness’ who accuses Biden of China corruption charged with being China agent

    A US thinktank chief who accuses Joe Biden of China-linked corruption involving his son, Hunter Biden, and who has been presented by Republicans as a “missing” witness against the president, was charged with China-linked offenses including failing to register as a foreign agent, arms trafficking and violations of sanctions on Iran.Gal Luft, 57 and a dual US-Israeli citizen, is co-director of the Institute for the Analysis of Global Security (IAGS), based in Maryland, near Washington.An indictment handed down in November was unsealed on Monday with Luft described as a fugitive, having skipped bail in Cyprus in April while awaiting extradition.Announcing the charges, Damian Williams, US attorney for the southern district of New York, said Luft “engaged in multiple, serious criminal schemes.“He subverted foreign agent registration laws in the United States to seek to promote Chinese policies by acting through a former high-ranking US government official; he acted as a broker in deals for dangerous weapons and Iranian oil; and he told multiple lies about his crimes to law enforcement.”News of the charges seemed guaranteed to infuriate Republicans in Congress seeking to use Hunter Biden’s troubled personal life and business dealings in attacks on his father, potentially including attempts to bring about impeachment proceedings.Last Friday, James Comer of Kentucky, chair of the House oversight committee, told the rightwing network Newsmax Luft was “a credible witness that the FBI flew all the way to Brussels to interview and sent several agents to interview”.Earlier, in a video published by the New York Post, Luft denied wrongdoing. He was arrested, he claimed, to stop him testifying to Comer’s committee about alleged China-linked corruption involving the Bidens.“I’m not a Republican,” Luft said. “I’m not a Democrat. I have no political motive or agenda … I did it out of deep concern that if the Bidens were to come to power, the country would be facing the same traumatic Russia collusion scandal [the investigation of Russian election interference and links between Donald Trump and Moscow] only this time with China.”Saying he “warned the [US] government about potential risk to the integrity of the 2020 elections”, Luft added: “Ask yourself, who is the real criminal in this story?”He skipped bail, he said, “because I did not believe I will receive a fair trial in a New York court”.In New York, prosecutors allege Luft “agree[d] to covertly recruit and pay, on behalf of principals based in China, a former high-ranking US government official … including in 2016 while the former official was an adviser to the then-president-elect [Trump], to publicly support certain policies with respect to China”.The former official and an alleged Chinese co-conspirator were not named.skip past newsletter promotionafter newsletter promotionLuft is also alleged to have “conspired … to broker illicit arms transactions with, among others, certain Chinese individuals and entities”; to have conspired with a Chinese energy company “to broker deals for Iranian oil – which he directed an associate to refer to as ‘Brazilian’ oil in an effort to … evade sanctions”; and to have made “multiple false statements” to law enforcement.The SDNY listed maximum jail sentences for the charges against Luft, ranging from five years for conspiracy to violate the Foreign Agents Registration Act to 20 years for arms trafficking offenses and sanctions violations.Noting Luft’s “fugitive” status, the SDNY asked people with information about his whereabouts to contact the FBI or the nearest US embassy or consulate.In a statement, IAGS said: “Gal is a man of total integrity and honesty. We are confident in his innocence.”Tim Miller, a Republican operative turned “Never Trumper”, said: “So the guy who was supposedly gonna blow the whistle on Biden taking payments from foreigners was actually paying off Trump admin officials himself on behalf of China!! Could this be more on the nose?” More

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    US Marines without leader for first time in 150 years as Republican blocks nomination

    The commandant of the US Marine Corps, Gen David Berger, stepped down on Monday, leaving the military branch without a confirmed leader for the first time in more than 150 years.The vacancy comes as one Republican senator, Tommy Tuberville of Alabama, has staged a months-long blockade of Pentagon nominations to protest against the department’s abortion policies.Berger’s assistant commandant and potential successor, Gen Eric Smith, has stepped in as the acting leader of the marines while his nomination remains stalled in the Senate. Smith became the marines’ first acting commandant since 1859, when Archibald Henderson died in office.Smith’s nomination is one of more than 200 high-level Pentagon nominations that have already been affected by Tuberville’s blockade. In February, Tuberville launched his campaign of obstruction in response to the Pentagon’s new policy, enacted after the reversal of Roe v Wade, to cover travel costs for service members or service members’ spouses who have to leave their state to access abortion care.The Senate generally confirms non-controversial nominees like Smith by unanimous consent, but any single senator’s objection forces a floor vote. The laborious process of approving hundreds of stalled nominations via floor vote would probably take months, sparking criticism among Democrats that Tuberville’s antics may jeopardize military readiness.“What the senator is doing by holding these nominations, it’s a threat to our national security. Period. That’s what he’s doing,” the White House press secretary, Karine Jean-Pierre, said last month. “These are important nominations that we need, that the American people need to keep our country safe.”Tuberville has rejected such criticism, writing in a Washington Post op-ed last month: “My hold is not affecting readiness. Acting officials are in each one of the positions that are due for a promotion. The hold affects only those at the very top – generals and flag officers. The people who actually fight are not affected at all.”Tuberville shows no sign of abandoning his blockade, and the standoff could soon affect the chairman of the joint chiefs of staff, the highest-ranking US military officer, as Gen Mark Milley, retires in September. More

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    Can Biden solve his supreme court problem? – podcast

    In recent weeks the US supreme court ended affirmative action, ruled in favour of a web designer who does not want to serve gay clients and blocked Joe Biden’s student debt forgiveness plan.
    Michael Safi speaks with Sam Levine, a voting rights reporter with Guardian US, to learn the stories behind these decisions, and what president Biden can do about them

    How to listen to podcasts: everything you need to know More