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    Five actions Biden can take to protect civil liberties before Trump’s presidency

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    In less than two months, Donald Trump will take office, threatening several areas of American life and international policy. The president-elect has pledged to take aim at LGBTQ+ rights, specifically for transgender and gender-non-conforming people. He has promised to conduct mass deportations and raids as a part of a far-right approach to US immigration. And he is expected to roll back data collection practices on police misconduct and stifle any hope of passing police reform in Congress – specifically the George Floyd Justice in Policing Act.Trump will largely be able to roll out his agenda, outlined in the 900-plus-page Project 2025 document, as Republicans took control of Congress during the 2024 general election. Joe Biden’s actions in his remaining time in office could be a crucial buttress against the expected impacts of the next four years.Six experts spoke with the Guardian about what the US president could do in his remaining time to protect the most vulnerable people:1. LGBTQ+ rights: fulfill executive order initiatives and confirm judgesAmong Trump’s collection of anti-LGBTQ+ initiatives, his administration’s plans to redefine sex are of particular concern, said Elana Redfield, the federal policy director at the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy.  Sex would be redefined “in such a manner that actually eradicates trans people”, said Redfield, and would not allow for “self-identification”. “The definition of sex that they would propose is that sex is defined based on anatomical characteristics at birth and is unchangeable.” The definition of sex is “at the core of some of the biggest civil rights conversations we’re having in the LGBTQ+ context”, said Redfield. The Biden administration has interpreted the definition of “sex” to include sexual orientation and gender identity. But with Trump, redefining sex could rollback protections and cause issues for transgender people attempting to access federal programs such as social security benefits, especially as many programs ask for participants to enroll with a gender identification. A redefinition of sex could also result in people being investigated for fraud if their gender doesn’t match across all federal identification documents, said Redfield. Many of these questions around the federal government’s ability to define sex will face legal challenges. So Biden, in tandem with Democrats, should continue to confirm federal judges who will probably hear legal cases about gender, Redfield said. Congressional Democrats have managed to confirm several and are only 15 short of the 234 judicial confirmations needed to match the record set by Trump during his first term. Biden should also complete everything outlined in his Executive Order 14075, including checking in with federal agencies to make sure they are well equipped to handle increased needs from LGBTQ+ people amid Trump’s presidency. “For example,” Redfield said, “if everyone’s changing their passports right now, they need to make sure they have enough staffing for that.”2. Police reform: make sure data on policing is publicly availableThrough executive orders, Biden largely increased data collection on patterns and practices of police departments, said Patrice Willoughby, the chief of policy and legislative affairs at the NAACP. But such data, which tracks police actions including traffic stops, arrests and use of force, will probably come to a “complete stop” under Trump’s administration, likely to boost “the narrative of Black violence” cited by conservatives. Willoughby added that Trump will not provide an opportunity to continue reform efforts seen under Biden, especially given past comments supporting a “violent day” of policing to end perceived increases in crime. With his remaining term, Biden must make sure that data on policing is “available publicly for advocacy organizations, state and local governments” and disseminated so it does not “disappear during a second Trump presidency”. Additionally, the Biden administration should ensure that the “methodology of collecting data” is available to state and local municipalities so it can be “replicated across different ecosystems”, said Willoughby. “States and localities that are interested in police reform [can] have the path forward in order to continue to collect data and apply it in their individual communities.”It’s also important for Biden to direct federal agencies to use funding that has already been earmarked by Congress to address police reform, especially, she said, as conservatives will probably “claw back” funding allocated towards equity and communities of color.3. Immigration: close detention centers and slow rate of detentions Biden should close the estimated 200 US detention sites that will be used by Trump to carry out mass deportation and slow down the current rate of detention for undocumented people, said Naureen Shah, deputy director of government affairs at the ACLU.“When I think about the Trump presidency, I’m anticipating an avalanche of anti-immigrant action from day one, from within hours of inauguration,” said Shah. She added that Ice will probably conduct raids using state and local law enforcement, targeting of undocumented students and attacks on birthright citizenship. The biggest issue is that the Biden administration has left “intact the infrastructure for abuse”, Shah said, including the US detention sites that will be used during Trump’s mass deportation. “We urged the Biden administration early on to close detention facilities across the country,” she said. “We argued that they needed to close the facilities so that another administration couldn’t come in and fill them up.”But instead, the number of detentions has increased throughout the Biden administration, now reaching approximately 37,000 a day, said Shah, with Trump planning to increase that amount. Shah warned that Trump would now have “the empty beds to fill” because “the Biden administration left it all there”. Biden also left in place 287(g) agreements, which allow Ice to tap local law enforcement to identify and place immigrants in the deportation pipeline. Requests for the Biden administration to end said agreements have gone unfulfilled, said Shah.“At this point, we’re calling on the Biden administration to at least slow down the expansion that is planned of Ice detention and to close facilities run by abusive sheriffs and private prison companies,” Shah said, naming the Baker county detention center as a site that advocates have been flagging for years.4. Gaza: end arms sales to Israel Biden could withdraw US military assistance and arms sales as well as allowing for an “honest assessment of Israel’s conduct”, said Kenneth Roth, the former executive director of Human Rights Watch. “It’s not too late for Biden to invoke that leverage as US law requires and even in recognizing that Trump would probably reverse it, it still would be an extremely important statement,” Roth said. Allowing for a review of Israel’s actions, including the restriction of humanitarian aid and bombing shelters housing civilians, would make clear that such conduct “[are] war crimes”. “It would be more than just an important rebuke of how the Israeli government is fighting this war. It would help to lay the groundwork for potential international criminal charges,” Roth said, adding that Trump could later face charges for “aiding and abetting war crimes” if the war is still conducted in this manner. But such actions are unlikely. The Biden administration could have allowed the United Nations security council to insist on a ceasefire with “no political cost”, Roth said, comparing the moment to when Barack Obama allowed a security council resolution on the illegality of Israel’s West Bank settlements to go through before Trump’s inauguration in 2016. “[But] Biden wouldn’t do it. He vetoed it … [He] would not do the comparable thing, even though the stakes are much higher. “Biden has said all the right things. He’s pressed for a ceasefire, he’s urged greater attention to civilian casualties, he’s pressed for food and humanitarian aid to come into Gaza,” Roth said. “He’s done nothing to use his leverage to back up those pleas.”5. Education: broadly expand DEI effortsTrump’s plans to rescind diversity, inclusion and equity (DEI) efforts from the Biden administration could embolden states that are already targeting such initiatives in education, through anti-CRT (critical race theory) laws, which often restrict classroom material and curriculum on topics including race, sexual orientation and gender identity, said Jordan Nellums, a higher education senior policy associate at the Century Foundation, a progressive thinktank. “The problem that we’ve seen in some states like Texas is that now faculty are looking at their syllabi for classes and realizing that they can’t even use the word ‘race’ or any type of word that may indicate that there’s going to be a discussion on race in certain classes,” he said.With the Department of Education potentially being dismantled, it could also pause its work at making sure that students facing discrimination have a means of reporting it, specifically through the Office of Civil Rights within the education department. Education is largely a “state issue”, said Nellums, but the Biden administration could sign executive actions to mandate that agencies protect DEI efforts more broadly. In terms of student debt, an issue disproportionately affecting people of color and low-income people, Biden could also make sure that those who are eligible for student loan forgiveness, specifically with public servant loan forgiveness and individuals who were defrauded by their college, said Aissa Canchola-Bañez, policy director for the Student Borrower Protection Center. “The Biden-Harris administration has done so much great work in trying to  fix some of the programs that were broken under the last Trump administration, fixing the Public Service Loan Forgiveness Program and fixing Income Driven Repayment program,” said Canchola-Bañez. But many people are still waiting to get debt relief due to bureaucratic backlogs, said Canchola-Bañez. “The Biden administration can also work to make sure that all those folks who were promised relief actually see it happen.” More

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      US split on vaccine passports as country aims for return to normalcy

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      With summer around the corner, Americans are desperate for some sense of normalcy as the rollout of the Covid-19 vaccine continues. Some businesses and lawmakers believe they have a simple solution that will allow people to gather in larger numbers again: vaccine passports.But as with so many issues in the US these days, it’s an idea dividing America.Vaccine passport supporters see a future where people would have an app on their phone that would include their vaccine information, similar to the paper record card from the Centers for Disease Control and Prevention (CDC) that is given when a person is vaccinated. People would flash the app when entering a large venue for something like a concert or sports game.While many other countries have implemented or are considering vaccine passports, in a country where political divides have determined belief in mask usage, social distancing and even the lethality of the virus, it comes as no surprise that there is already a political divide over whether vaccine passports should be used at all.Leaders of some Democratic states have embraced the idea of vaccine passports at big events like concerts and weddings.New York launched its Excelsior Pass with IBM in late March with the intention of having the app used at theaters, sports stadiums and event venues. California health officials will allow venues that verify whether someone has gotten the vaccine or tested negative to hold larger events. Hawaii is working with multiple companies on a vaccine passport system that would allow travelers to bypass Covid-19 testing and quarantine requirements if vaccinated.“Businesses have lost a lot of money during this whole period here so there’s a lot to recoup,” Mufi Hannemann, president and chief executive of the Hawaii Tourism and Lodging Association, told local news station Hawaii News Now. “We’re anxious to get this economy moving forward in a safe and healthy manner.”On the flip side, a growing number of states are passing laws banning vaccine passports, citing concerns of privacy and intrusion on people’s decisions to get vaccinated.“Government should not require any Texas to show proof of vaccination and reveal private health information just to go about their daily lives,” said Governor Greg Abbott, who ordered that no government agency or institution receiving government funding should require proof of vaccination.The governors of Mississippi, Florida, Tennessee, Arizona and Indiana have passed or voiced support for similar laws.Splits have already taken place. Norwegian Cruise Line, for example, told the CDC it would be willing to require passengers be fully vaccinated before boarding, but Florida’s governor, Ron DeSantis, said his ban on vaccine passports prohibits such a mandate.Nova Southeastern University in Fort Lauderdale, like many colleges and universities, said they would require students to be vaccinated before returning to campus in the fall, but the school is considering backtracking the policy following DeSantis’s order.Though conservative figures like Donald Trump Jr, who called vaccine passports “invasive”, have started to broadly attack Democrats for backing vaccine passports, the White House has made it clear the federal government has no plans to release a vaccine passport, or require mandatory vaccines.“The government is not now nor will we be supporting a system that requires Americans to carry a credential,” said Jen Psaki, White House press secretary, earlier in April.Psaki said the White House would release guidance for businesses and local governments who wish to implement vaccine passports.Vaccine passports have historically been used when crossing country borders. For example, some countries, including Brazil and Ghana, require people to have the vaccine against yellow fever before entering their countries. And while vaccine passports have not been used widely domestically in the US, vaccine mandates, and the proof of vaccines needed to carry them out, are common. Many schools require students to get a host of vaccines, while many healthcare systems often require the annual flu vaccine for employers.Sensitivity around a vaccine passport is probably an offshoot of a broader vaccine hesitancy. Recent polling has shown that vaccine skepticism has a partisan bent: 30% of Republicans said they would not get the vaccine versus 11% of Democrats, according to the Covid States Project. David Lazer, professor of political science at Northeastern University and a researcher with the Covid States Project, said “partisan divides on behaviors and policies have been acute throughout the pandemic”, but Democrats and Republicans are more evenly split on vaccines compared with other policies against Covid-19, like mask-wearing and social distancing.The term “passport” could also be turning people away from the concept, said Maureen Miller, an epidemiologist with Columbia University, as it implies that verification requires more personal information beyond vaccination status. A recent poll from the de Beaumont Foundation confirmed this, with Republican respondents being more supportive of vaccine “verification” over a “passport”.Miller said the World Health Organization, which is developing its own Smart Vaccine Certificate and standards for vaccine verification programs, has been adamant about making the distinction between a certificate and a passport.“A passport contains a lot of personal information, and a vaccine certificate does not,” Miller said. “It contains only the information necessary to convey the fact that the person has been vaccinated.”Other groups including the Vaccine Credential Initiative and the Covid-19 Credential Initiative are working on coming up with standards for digital vaccine passports with the aim of building trust in vaccine verification programs.Miller said the ultimate goal would be to reach herd immunity in the US, which would nix the need for vaccine passports but would require working through the skepticism that exists in the country.“People are not going to feel comfortable in large numbers, in social environments until we hit a kind of herd immunity, where, when you bump into someone, the risk of an infectious person bumping into someone who’s susceptible is decreased tremendously,” Miller said. 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      in Elections

      The US Capitol riot risks supercharging a new age of political repression | Akin Olla

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      Following the fascist riot at the US Capitol, progressives and liberals have begun to mimic the calls for “law and order” of their conservative counterparts, even going as far as threatening to expand the “war on terror”. While this may be well-intentioned, it fits neatly within the trajectory of attacks against civil liberties over the last two decades. A Biden administration with a 50-50 Senate will seek unity and compromise wherever it can find it, and oppressing political dissidents will be the glue that holds together Biden’s ability to govern.A wide array of actors within the United States government have long predicted, and begun to prepare for, a new age of protests and political instability. In 2008 the Pentagon launched the Minerva Initiative, a research program aimed at understanding mass movements and how they spread. It included at least one project that conflated peaceful activists with “supporters of political violence” and deemed that they were worth studying alongside active terrorist organizations.All the pieces are in place for Biden to attempt to unite the parties by being a ‘law and order’ presidentA 2018 war game enacted by the Pentagon had students and faculty at military colleges create plans to crush a rebellion led by disillusioned members of Gen Z. This hypothetical “ZBellion” included a “global cyber campaign to expose injustice and corruption”. A campaign that would in real life no doubt be monitored by the NSA’s Prism program, which captures the vast majority of electronic communications in the United States. Prism was developed in 2007, partially out of fear that environmental disasters might lead to a rise in anti-government protest.These steps further the already oppressive post-9/11 surveillance apparatus developed through the Patriot Act, a bipartisan piece of legislation championed by President-Elect Biden. Though some of these tools were developed to “fight terrorism”, in practice they’ve also been used to monitor and interfere with the work of activists – leading to violations of civil liberties such as the placement of undercover NYPD officers in Muslim student groups across the north-east. And every post-9/11 president has added to this, steadily increasing federal and local agencies’ power to surveil, detain and prosecute those who appear to pose a challenge to the status quo.This level of repression is also being carried out by states. Since 2015, 32 states have passed laws designed to discourage and punish those who engage in boycotts against Israel. Many states have also worked to dismantle once-institutionalized statewide student associations such as the Arizona Student Association and the United Council of Wisconsin, in one blow destroying opposition to tuition hikes and eradicating an important ally to social movements, such as the Boycott, Divestment and Sanctions (BDS) campaign against Israel.Republicans have long called for the increased repression of activists, but the chorus has reached a crescendo in the age of Black Lives Matter and climate protestsRepublicans have long called for the increased repression of activists, but the chorus has reached a crescendo in the age of Black Lives Matter and climate protests. In the last five years, 116 bills to increase penalties for protests including highway shutdowns and occupations have been introduced in state legislatures. Twenty-three of those bills became law in 15 states. Following the killing of George Floyd and the subsequent uprisings, we’ve seen another flow of proposals. For example, Governor Ron DeSantis of Florida would like to make merely participating in a protest that leads to property damage or road blockage a felony, while granting protections to people who hit those same protesters with their cars. Following the storming of the Capitol, DeSantis, a Trump ally, has expanded these proposals with more provisions and harsher consequences. The only thing preventing the passage of many of these laws thus far has been opposition from Democrats.But now the Democrats have caught the tune and returned to their post-9/11 calls for heightening the “war on terror”. Joe Biden has already made it clear that he intends to answer these calls. He has named the rioters “domestic terrorists” and “insurrectionists”, both terms used to designate those whose civil liberties the state is openly allowed to violate. He has declared he will make it a priority to pass a new law against domestic terrorism and has named the possibility of creating a new White House post to combat ideologically inspired violent extremists.These moves are not to be taken as empty threats by Biden. All the pieces are in place for him to attempt to unite the parties by being a “law and order” president and effectively crush any social movement that opposes the status quo. Much of the Patriot Act itself was based on Biden’s 1995 anti-terrorism bill, and Biden would go on to complain that the Patriot Act didn’t go far enough after a few of his provisions to further increase the power of police to surveil targets were removed. Biden will be desperate to both prove his competency and demonstrate that he isn’t the protest-coddler that Trump framed him as. This, combined with demands for repression from Democrats, Republicans and large segments of the American public, is a perfect storm for a radical escalation in the decades-long war on civil liberties and our right to protest, at a time that we need it the most. More

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      in US Politics

      The Fight review – a walk-and-talk with the activists tackling Trump

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      The title is apt for a documentary about the American Civil Liberties Union (ACLU), who got their always combative existence stepped up a notch with the election of Donald Trump in 2016. Now they found themselves fighting with the White House itself. This film features an Aaron Sorkin-style walk-and-talk tour around the ACLU offices in Brooklyn, New York, with its array of talented lawyers and heroic idealists.It concentrates on four cases fought by them: the right of a migrant to an abortion, the right of transgender people to serve in the military, the right of migrants not to be separated from their children, and the right of US residents not to answer a new census question about whether they are US citizens. This apparently innocuous query was cunningly designed to reduce the ostensible population size (and federal aid budgets while creating space for tax cuts etc) as migrants fearfully decline to answer.It also, insidiously, is intended to start a media row on this very point and crank up a value-for-money Kulturkampf against the alien outsider, a census question costing so much less than a wall. It should also be said – and this film could and should have said it – that the grotesque policy of separating migrants from their children was specifically designed to create a spasm of horror in the media (and the ACLU) for its deterrent effect, certainly, but mostly, yet again, to provide raw material for the Fox News Theatre of Cruelty.This film is a lively and watchable account of the full-tilt battle being fought by the ACLU, with its chief lawyer, Lee Gelernt, at the helm, a man addicted to Diet Coke and stress, at one point heading to emotional meltdown as he realises he doesn’t know where or how to plug in his smartphone charger. The film’s structural flaw is that it doesn’t quite know how to handle the most controversial moment in ACLU history: sticking toughly to the principle of free speech for all, it defended the right of racist Charlottesville protesters to rally in 2017, an event that led to a fatality. Maybe the whole film should have been about that one case. Well, the census-question case gives this its rousing finale. It creates, however, a possibly misleading impression of victory.• The Fight is available on digital platforms from 31 July. More