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    California lawmakers push to stop deportations and end jail transfers to Ice

    Sign up for the Guardian Today US newsletterCalifornia lawmakers are fighting to protect thousands of residents from deportation with new legislation that would stop state prisons and jails from handing over immigrants to US Immigration and Customs Enforcement (Ice).California’s controversial practice of coordinating with Ice agents has received widespread scrutiny in past months, including after the Guardian revealed that the state had transferred two immigrant prisoners to Ice for deportation after they had served as incarcerated firefighters on the frontlines – and after they had completed their sentences.Kao Saelee, 41, was scheduled to leave prison after 22 years behind bars in August. But on the day of his release, when his sister was waiting to take him home, California instead handed him over to immigration authorities. He remains in Ice custody in Louisiana. Bounchan Keola, 39, was reported to Ice by California prison officials in October.Both men had served the state as firefighters while in prison and both were threatened with deportation to Laos, a country their families had fled as refugees when they were young children. The two had been locked up since they were teenagers.Assembly member Wendy Carrillo, of Los Angeles, and other lawmakers on Wednesday unveiled legislation that would ensure that immigrant community members eligible for release from state jails or prisons would not be sent to Ice, but instead would be able to re-enter society and reunite with their families.Supporters of Assembly Bill 937, the Voiding Inequality and Seeking Inclusion for Our Immigrant Neighbors (Vision) Act, say that the practice of transferring people from prison to Ice was a cruel form of “double punishment” that indefinitely separated people from their loved ones after they have served their time. “If it wasn’t for where they were born, these Californians would be able to return home,” Carrillo said.California has no legal obligation to report prisoners to Ice, and despite intense backlash last year, Gavin Newsom, the state’s Democratic governor, has defended the policy and allowed the voluntary transfers to continue. The transfers can affect undocumented people and legal permanent residents, who lose their green cards once they are in Ice custody, due to their criminal records.California has a “sanctuary law”, which means local law enforcement is not supposed to collaborate with US immigration and has a mandate to shield immigrants from deportation threats, but the state has made an exception for local jails and prisons.The transfers are one of the key drivers of deportation in the state. The California department of corrections and rehabilitation (CDCR) transferred an estimated 1,400 people from its custody to Ice last year, according to the Asian Law Caucus, a legal advocacy group supporting the bill. In 2018 and 2019, local jails sent more than 3,700 people to Ice.The practice has been especially concerning during the pandemic when Ice jails and CDCR prisons have both suffered massive and deadly Covid-19 outbreaks in their overcrowded facilities.Keola, who suffered a near-death injury fighting wildfires last year, was freed from Ice custody in January and reunited with his family in the Bay Area for the first time in decades. But the threat of deportation still looms.“I want to get on my feet and work and advocate and help people like myself,” Keola told the Guardian after his release, saying he was hoping to start working as a firefighter. “We should all have that opportunity to have that American life. Hopefully Newsom will stop turning over people like myself.”Last week, Bounchan Keola walked free after 22 years behind bars. He was an incarcerated firefighter who California sent to US immigration at the end of his sentence last year.I chatted with Boun + his sister Thong about reuniting after decades apart. LISTEN: (thread) pic.twitter.com/8E9oJY0x0L— Sam Levin (@SamTLevin) February 7, 2021
    On Wednesday, Keola spoke at a news conference supporting the bill, urging the governor to also issue pardons to him and Saelee, the other jailed firefighter sent to Ice, so that they would no longer be threatened with deportation due to their criminal records. “At any moment, I could be arrested and be deported to Laos, a country I have no ties to.”Spokespeople for Ice and CDCR declined to comment. More

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    Four years after the ‘Muslim ban’ migrants view the US with hope – and caution

    Their travel documents were meticulous, and security checks showed no red flags. “Your case looks great,” an apologetic American consular officer told Hedieh Elkhlasi’s parents at the US embassy in Armenia. “But because of the executive order, I just can’t print a visa for Iranians.”The rejection was one of tens of thousands issued by US embassies across the world over the four years since Donald Trump signed Executive Order 13769, the first of several attempts to enforce a policy that became notorious as the “Muslim ban”. Legal challenges chipped away at some of the restrictions, but travel bans on citizens from more than a dozen mostly-Muslim majority countries survived – until they were scrapped by President Joe Biden in one of his first acts in office.It was the end of a cruel regime of policies that did nothing to make Americans safer, according to national security experts. Instead, it cut US citizens off from their friends and families, upended educations and careers, and tarnished the reputation of a country that, despite its misadventures in the Islamic world, was still a magnet for ambitious and successful Muslim migrants.Many are now preparing to apply for visas again, hoping Biden’s election will turn the page on a dark era of American history. Some are still wary, wondering if the xenophobia that birthed the Muslim ban will linger long after the order has been scrapped.Of the estimated 42,000 people whose visa applications were turned down as a result of the ban, most were Iranians. Elkhlasi, 30, was born in Tehran but became an American citizen only months before Trump was elected. It felt as if the country to which she had sworn allegiance had turned on her, she says.“I became a US citizen to defend the US and to do whatever it took to count this is as my country,” she says. “But this country was not allowing my parents to even come and visit me, to see my new house. I was heartbroken.”Three weeks before the first ban came into place, Shawki Ahmed’s wife and three children had interviewed for their US citizenship applications at the American embassy in Cairo. The second-generation Yemeni American, a member of the NYPD, had been trying to get his family to the country since the eruption of Yemen’s civil war in 2014.The Trump order threw the process into chaos, he says. “It took two-and-a-half years to sort out: legal fees, I wrote the embassy, used lawyers – nothing.”It became clear the hurdle was not a matter of documents or security tests – it was simply who they were.“I’m a police officer, my father came to this country in 1959, we are law-abiding tax-paying citizens, we’re not dependent on welfare,” Ahmed, 40, says. “But apparently Trump decided those things don’t matter just because of our last name – because we are Muslim.”In Gaziantep, Syrian national Aya Shayah had more riding on the US presidential election than most. Her son, Hisham, requires surgery on his ear that a specialist in Los Angeles can complete six months faster than doctors in Turkey. She had visited her sister in the US a few times since 2013. Visiting Myrtle Beach in South Carolina was “like a movie”, the Syrian national recalls. “People running, and kites in the sky, and dog walking, it was so nice to see that.”She filled out an application to renew her visa in 2016, just before Trump won office. “It was a very long application, they literally wanted every detail of my life from about age five,” Shayah says. “And after all that, there was a six-month silence, and then they rejected me.”With Syrians now allowed to visit, and her sister pregnant again, she will try to return. “Now Trump is gone, I am applying for us again and I hope we will get it, I am feeling positive about it,” Shayah says.Elkhlasi followed the presidential race from London, where she moved after two years of lobbying to allow her parents to enter the US, efforts that she says left her questioning if she could ever really be American. “The ban felt very personal,” she says. “It got me mad, I was in a depression phase. I wondered, ‘Are Americans always going to think of me differently?’”It was the reaction of her colleagues and friends in California to the Muslim ban that gave her faith, she says. “They said they were sorry, that they didn’t know how to apologise – even though it wasn’t their fault. But it made me feel better. It changed my feelings about America, and that’s the only reason I want to give it another try.”Ahmed’s family was stranded abroad for almost three years. “It was very costly emotionally,” he says. “My kids were out of school for close to a year, it was very hard on them; they wanted to know what they had done wrong to be cut off from home and their dad. My mother was sick in Cairo and I couldn’t bring her to America for treatment.”In October 2019, he finally managed to get them to the US, but knows that tens of thousands of others in similar situations had no such luck. “People in the community are definitely joyful that Trump has gone and the ban has been lifted,” he says. “We feel like democracy has been restored. This is the America my father came to: immigrant America is the real America.” More

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    'A moral and national shame': Biden to launch taskforce to reunite families separated at border

    Joe Biden plans to create a taskforce to reunify families separated at the US-Mexico border by the Trump administration, as part of a new series of immigration executive actions signed at an Oval Office ceremony on Tuesday.Biden condemned Donald Trump’s immigration policies as a “stain on the reputation” of the US.The president pledged to “undo the moral and national shame of the previous administration that literally, not figuratively, ripped children from the arms of their families, their mothers, and fathers, at the border, and with no plan – none whatsoever – to reunify”.The two other orders announced on Tuesday call for a review of the changes the Trump administration made to reshape US immigration, and for programs to address the forces driving people north.A briefing document released before the president’s executive orders said Biden’s immigration plans were “centered on the basic premise that our country is safer, stronger, and more prosperous with a fair, safe and orderly immigration system that welcomes immigrants, keeps families together, and allows people – both newly arrived immigrants and people who have lived here for generations – to more fully contribute to our country”.A central piece of the Tuesday actions is the family reunification taskforce, charged with identifying and enabling the reunification of all children separated from their families by the Trump administration.The government first made the separations public with an April 2018 memo, but about a thousand families had been separated in secret in the months prior. Administration officials said children in both groups would be included in the reunification process.Biden officials said they could not say how many children had to be reunified because the policy had been implemented without a method for tracking the separated families. In an ongoing court case, a reunification committee said in December that the parents of 628 children had not been located.The taskforce will consist of government officials and be led by Biden’s nominee for secretary of homeland security, Alejandro Mayorkas, who was confirmed by the US Senate earlier on Tuesday.A senior administration official said the family separation policy was a “moral failure and national shame” and that reversing the policies that made it possible was a priority.The second action on Tuesday is intended to address the driving forces of migration from Central and South America. Senior administration officials said this included working with governments and not-for-profit groups to increase other countries’ capacities to host migrants and ensuring Central American refugees and asylum seekers have legal pathways to enter the US.It also directs the homeland security secretary to review the migrant protection protocols (MPP), better known as Remain in Mexico, which require asylum seekers to await their court hearings in Mexican border towns instead of in the US, as before.The Biden administration also plans to use this action to bring back some Obama-era policies, such as the Central American Minors (CAM) program, which allowed some minors to apply for refugee status from their home countries.The Trump administration made more than 400 changes to reshape immigration, according to the Migration Policy Institute, and Biden’s third action includes a review of some of these recent efforts to restrict legal immigration.This includes a review of the public charge rule, which the Trump administration expanded to allow the federal government to deny green cards and visas to immigrants if they used public benefits. Though the rule was suspended repeatedly because of lawsuits, its initial introduction created a chilling effect in immigrant communities, with families disenrolling from aid programs out of concerns about its effect on their immigration status.Administration officials said changes to US immigration would not happen “overnight” and that there would be more executive orders.Advocates are still waiting for policies that address immigration detention and Title 42, a Centers for Disease Control and Prevention (CDC) bar on asylum seekers and refugees during the Covid-19 outbreak. An estimated 13,000 unaccompanied migrant children were deported under the order before it was temporarily blocked by a court in November.On Biden’s first day in office, he signed six executive actions on immigration, including to rescind the travel ban on people from Muslim-majority countries and halt funding for constructing the border wall. He also rolled back Trump’s policy that eliminated deportation priorities.Since taking office, Biden has also introduced a comprehensive immigration reform bill to Congress, put a 100-day moratorium on deportations – which has since been blocked in federal court – and rescinded the “zero tolerance” policy that allowed for family separations.On Monday, the Biden administration asked the US supreme court to cancel oral arguments in two forthcoming cases filed by Trump about the border wall and Remain in Mexico. The cases could effectively be moot because of Biden’s actions. More

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    US to resume deporting asylum seekers after judge rejects Biden order

    US Immigration and Customs Enforcement (Ice) is preparing to resume deportations of asylum seekers after a Trump-appointed Texas judge ruled against a 100-day suspension ordered by Joe Biden.The ruling, in response to a challenge from a leading figure in the Republican effort to overturn the election result, marks the first shot in a legal rearguard action by Trump loyalists intended to stymie the Biden administration’s agenda.Human rights activists said the resumption of flights also raised the question of whether Ice agents, who have been accused of systemic abuse of migrants and detainees, might seek to resist the new administration’s efforts to reform the agency.An Ice plane left San Antonio for Port-au-Prince on Monday morning carrying Haitians detained on the US-Mexican border and expelled under a highly controversial Ice interpretation of public health laws.“Deportation flight to Haiti on the first day of Black history month,” Guerline Jozef, co-founder of the Haitian Bridge Alliance, wrote in a text to the Guardian. “What a slap in the face.”According to activists, there are also 23 Africans facing deportation from an Ice holding facility in Alexandria, Louisiana, as early as Tuesday, including 11 Angolans, seven Cameroonians, two Congolese, and three others of unknown nationalities.Although the Haitian flight would probably have gone ahead even under the Biden moratorium, the expected African flight defies that order, as well as guidelines laid down by the acting homeland security secretary, David Pekoske, that came into effect on Monday. Pekoske called for deportations to be limited to suspected terrorists, convicted felons deemed a threat to public security, and undocumented people caught on the border after 1 November.At least some of the potential deportees have legal cases pending, and one of them was granted an emergency stay by an appeals court on Sunday evening. Others expected to be deported on Tuesday or Wednesday.Ice appears to be pushing ahead with the deportation flight despite reports that Cameroonians deported to their home country last October and November in the midst of a bloody civil conflict had been imprisoned, beaten, gone into hiding – or in some cases simply disappeared.“A lot of them were locked up in military prison, which is where they took a whole bunch of people that are arrested by the army,” said Mambo Tse, a Cameroonian community activist in the US. “It’s not safe.”Lauren Seibert, a Human Rights Watch researcher and advocate, said: “After scores of Cameroonians were denied asylum in the US and deported in recent months, Human Rights Watch has documented multiple cases of deportees facing imprisonment, abuse, criminal prosecution and threats by the Cameroonian authorities after their return. Some of their families have also been threatened and harassed.”On taking office on 20 January, the Biden administration ordered a 100-day halt to deportation flights, with certain limited exceptions, while Ice procedures were reviewed to “enable focusing the Department’s resources where they are most needed”.However, a federal judge in Texas, Drew Tipton, appointed by Donald Trump last June, ordered a stay, blocking the suspension, but not the new guidelines. Tipton’s nomination was opposed by Democrats over concerns over his lack of judicial experience and his support for the reinstatement of a Texas social worker fired for using a racial slur against a black colleague. He argued: “It certainly does not evidence a pattern of hostility against anyone or any people who are of a particular race.”The case against the moratorium was brought by the Texas attorney general, Ken Paxton, who played a leading role in the effort to overturn the 2020 election result.Paxton addressed Trump supporters in Washington on 6 January shortly before the storming of the Capitol.“We will not quit fighting. We’re Texans, we’re Americans, and the fight will go on,” he told the crowd, according to the Houston Chronicle.Paxton has been indicted for securities fraud allegedly committed before he took office. He has also been accused of abuse of office by seven whistleblowers and is being sued for retaliation after having the whistleblowers fired. He is reported to be under FBI investigation for the abuse of office allegations.Paxton’s lawyer, Philip Hilder, declined to comment on the reports of an FBI investigation.After Tipton’s ruling on deportations, Paxton declared “Victory” on his official Twitter account.“Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin,” he wrote. “AND WE WON.”VICTORY.Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin. AND WE WON.Within 6 days of Biden’s inauguration, Texas has HALTED his illegal deportation freeze. *This* was a seditious left-wing insurrection. And my team and I stopped it.— Attorney General Ken Paxton (@KenPaxtonTX) January 26, 2021
    Echoing the language widely used to denounce the ransacking of the Capitol, Paxton described the 100-day deportations moratorium as “a seditious left-wing insurrection” which he had stopped.In a statement to the Guardian on Monday, an Ice spokesperson said the agency “is in compliance with the temporary restraining order” issued by the Texas court.Justice department lawyers argued against the stay in Tipton’s court, the southern district of Texas, but it was unclear when or whether they would appeal against the ruling. A department spokesperson declined to comment.The American Civil Liberties Union is seeking to challenge the Texan ruling on behalf of immigrant rights groups.“There’s a legal aspect to it and there’s a practical aspect,” Cody Wofsy, an ACLU attorney, said. “Are individual Ice officers who may disagree with the new policies of the new administration going to carry out those policies, or are they going to attempt to carry out a more unforgiving immigration policy that they might prefer?” More

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    Biden official involved in removal of DoJ lawyer concerned by family separations

    The Biden administration’s acting attorney general, a longtime career official named Monty Wilkinson, took part in a controversial 2017 decision to remove a justice department (DoJ) lawyer in Texas who had raised concerns about migrant children who were being separated from their parents.Emails seen by the Guardian show that Wilkinson, who is expected to serve as acting attorney general until Judge Merrick Garland is formally confirmed by the Senate, worked with another longtime career official, Iris Lan, in reviewing complaints about Joshua Stern, a prosecutor who had told colleagues he was “disturbed” by the Trump administration’s separation policy.The policy ultimately led to the separation of about 1,550 children from their parents, hundreds of whom have still not been reunited, although Joe Biden has said he would make that one of his top priorities.Stern, who is no longer employed by the DoJ, was ultimately removed from his post as a temporary detailee, two weeks after senior officials in Texas raised concerns about him to officials in Washington DC, including Wilkinson.Wilkinson, who Biden chose to serve as acting attorney general until Garland is confirmed, had been overseeing human resources, security planning and the library at the justice department before he was elevated to serve as acting attorney general.A recent report in the New York Times suggested that Wilkinson was a trusted longtime official, and that his “low profile” all but guaranteed that he was not involved in any of the myriad scandals that defined the justice department under Donald Trump and the former attorney general Bill Barr.But a report published by the Guardian in September 2020 revealed that Wilkinson was one of several career officials who reviewed complaints that ultimately led to the removal of Stern from the western district of Texas in 2017.The report was focused on the role a senior justice department official, Iris Lan, played in reviewing those complaints. Lan had been nominated to serve in a lifetime appointment as a federal judge, but the nomination was never taken up in the Senate after a number of immigrant rights groups raised concerns about Lan following publication of the Guardian’s article.It is not clear whether Wilkinson or Lan privately supported or criticized the administration’s child separation policy when they heard about Stern’s concerns.At the time of the controversy, Wilkinson was working as director of the executive office for US attorneys, a role that he had been appointed to by Eric Holder, the former attorney general for Bill Clinton.Emails seen by the Guardian show that a DoJ official in Texas named Jose Gonzalez sent a memo to the then acting US attorney for the western district, Richard Durbin, in September 2017 in which he outlined concerns about Stern, including complaints that Stern was “particularly disturbed” by cases in which defendants could not locate their children.The western district, in El Paso, was at the time involved in a pilot program to criminally prosecute migrants who were entering the country illegally, which in turn led to people being separated from their children, sometimes indefinitely.The policy was later expanded to include all border states, but was ended following an outcry in Congress and in the press, when stories about migrant children being separated began to become known.Stern had been sent to Texas to help deal with a significant influx in migrant cases. But emails show that he was deeply concerned and alarmed about the children who were separated, and told prosecutors that the parents who were being prosecuted were “often fleeing violence in their home countries”.He also told superiors in Texas that he had been contacting agencies to try to help locate missing children. The memo detailing what was seen as Stern’s insubordination was forwarded by Durbin to Lan, who told Lan that he did not believe Stern was “fully committed to the program”. Durbin was seeking to release Stern from the detailee program early.Lan, in turn, said she was not sure about the usual protocol, and said she wanted to share the memo with Wilkinson to get his “take” before “we proceed”. Wilkinson then responded to Lan and Durbin saying that he and Durbin had talked and that Durbin was going to send more “specific examples”.Stern was sent a termination letter that ended his posting on 20 September 2017, two weeks after concerns were first raised with Lan and, later, Wilkinson.Stern has not responded to questions by the Guardian.A spokesperson for the DoJ said in a statement: “The department cannot comment on specific personnel matters. Regarding the process for detail assignments from components to US Attorneys Offices, the decision on whether to continue a detail is between the lending and receiving components. EOUSA plays an administrative role related to the associated paperwork but does not make decisions on assignments.”It did not provide further comment on who did make the decision.A DoJ spokeswoman under the Trump administration said, in response to questions for the previous Guardian article on the matter, that Lan had received the memo about Stern because of her role as a liaison to US attorneys and did not handle personnel matters.“She routed it, consistent with her role,” she said.A recent report by the Office of Inspector General (OIG) at the Department of Justice closely examined the role some officials at the department played in Trump’s separation policy.It said department leadership knew the policy would result in children being separated from their families and that the former US attorney general Jeff Sessions “demonstrated a deficient understanding of the legal requirements related to the care and custody of separated children”.“We concluded that the Department’s single-minded focus on increasing immigration prosecutions came at the expense of careful and appropriate consideration of the impact of family unit prosecutions and child separations,” the report said. 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    Jeff Sessions impeded inquiry into role in Trump’s family separation policy

    Former attorney general Jeff Sessions and other senior justice department officials impeded an internal departmental investigation into their role in implementing the Trump administration’s hardline immigration policy that separated thousands of children from their parents on the border, according to interviews and government records.
    Sessions declined to be interviewed by investigators for the department’s inspector general, who conducted an inquiry of the family separation policy, according to a report made public last Thursday by the IG detailing the findings of its inquiry.
    As attorney general, Sessions was one of the Trump administration’s most senior officials who devised and implemented the family separation policy. The inspector general, Michael Horowitz, called Sessions and his top aides a “driving force” behind the policy.
    A second senior justice department official, Edward C O’Callaghan, who served as the justice department’s principal associate deputy attorney general during the family separation policy, similarly refused to answer questions from investigators, according to the report.
    Former deputy attorney general Rod Rosenstein, who now says he regrets his role in implementing the policy, was twice interviewed by investigators, but made misleading statements to them that understated and obscured his role.
    As a result of the refusal by Sessions and O’Callaghan to speak to investigators, and Rosenstein having misled the IG, a full historical accounting may never take place into what is perceived as a dark chapter in the nation’s history when more than 3,000 children were separated from their parents. Many of its victims younger than the age of five, some even infants, were held alone at substandard facilities under inhumane conditions.
    The Biden administration has promised to reunite families. On 8 January , Biden vowed “our justice department and our investigative arms will make judgements about who is responsible … and whether or not the conduct is criminal”. If such a criminal investigation was undertaken, investigators would have powerful tools available to compel testimony of recalcitrant witnesses. More

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    Joe Biden marks start of presidency with flurry of executive orders

    Sign up for the Guardian’s First Thing newsletterJoe Biden has marked the start of his presidency by signing a flurry of executive orders on a suite of issues, including Covid-19, the environment, immigration and ethics.Some of the executive actions undo significant actions from Donald Trump’s administration, including halting the travel ban from Muslim-majority countries, and ending the declaration of a national emergency used to justify funding construction of a wall on the US-Mexico border.He also signed an order allowing the United States to rejoin the Paris climate agreement and end the Trump administration’s efforts to exclude undocumented immigrants from the census data used to determine how many seats in Congress each state gets.The president also moved quickly to address Covid-19, signing orders to mandate mask wearing and social distancing in federal buildings and lands and to create a position of a Covid-19 response coordinator.In other moves, Biden also revoked the permit granted for the controversial Keystone XL pipeline and instructed all executive agencies to review executive actions that were “damaging to the environment, [or] unsupported by the best available science”. Biden also ordered all executive branch employees to sign an ethics pledge and placed limits on their ability to lobby the government while he is in office. The new president also ordered federal agencies to review equity in their existing policies and come up with a plan in 200 days to address inequality in them.On his first day in office, Biden signed 17 executive actions – 15 will be executive orders.As he began signing the orders, Biden, wearing a mask and seated behind the resolute desk said: “I think some of the things we’re going to be doing are bold and vital, and there’s no time to start like today.”It’s not unusual for an incoming president to take executive action immediately after being sworn into office, a move meant to show the nation that the newly inaugurated president is getting to work. But the breadth and volume of Biden’s immediate executive orders underscore how quickly the new president intends to move in addressing the Covid-19 pandemic and turning the page from the Trump administration.“These executive actions will make an immediate impact in the lives of so many people in desperate need of help,” Wade Henderson, the interim president and CEO of the Leadership Conference on Civil and Human Rights, said in a statement. “Reversing Trump’s deeply discriminatory Muslim ban, addressing the Covid-19 crisis, preventing evictions and foreclosures, and advancing equity and support for communities of color and other underserved communities are significant early actions that represent an important first step in charting a new direction for our country.”The flurry of activity from Biden came on the same day that Democrats formally took control of the US Senate as the Rev Raphael Warnock and Jon Ossoff were formally sworn in as the two senators from Georgia. Chuck Schumer, the Democratic senator from New York, is now the Senate majority leader, while Mitch McConnell, the Kentucky Republican, is now the minority leader.Speaking from the Senate floor Schumer was momentarily breathless, saying: “We have turned the page to a new chapter in the history of our democracy and I am full of hope.”McConnell, in his first remarks as the minority leader, also focused on a message of unity.“Our country deserves for both sides, both parties, to find common ground for the common good everywhere we can and disagree respectfully where we must,” he said. “The people intentionally trusted both political parties with significant power to shape our nation’s direction.”[embedded content]He also praised Kamala Harris’ historic achievement after she was sworn in as America’s first female vice-president.“All citizens can applaud the fact that this new three-word phrase ‘Madam vice-president’ is now a part of our American lexicon,” McConnell said.Looming on the horizon is the second impeachment trial for Trump, who the US voted to impeach earlier this month. In addition to Covid-19 relief, Democrats are also expected to push legislation dealing with immigration reform and voting rights.Even though Democrats have a majority of votes in the Senate, they still face significant obstacles to get them through. That’s because Senate rules require 60 votes to overcome a filibuster, a procedural move that can be used to halt legislation. Some progressives have called for ending the practice, which would allow Democrats to pursue sweeping legislation without GOP support, but it’s unclear if the party will do that. More

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    'My neighbourhood is being destroyed to pacify his supporters': the race to complete Trump's wall

    At Sierra Vista Ranch in Arizona near the Mexican border, Troy McDaniel is warming up his helicopter. McDaniel, tall and slim in a tan jumpsuit, began taking flying lessons in the 80s, and has since logged 2,000 miles in the air. The helicopter, a cosy, two-seater Robinson R22 Alpha is considered a work vehicle and used to monitor the 640-acre ranch, but it’s clear he relishes any opportunity to fly. “We will have no fun at all,” he deadpans.McDaniel and his wife, Melissa Owen, bought their ranch and the 100-year-old adobe house that came with it in 2003. Years before, Owen began volunteering at the nearby Buenos Aires National Wildlife Refuge, and fell in love with the beauty and natural diversity of the area, as well as the quiet of their tiny town. That all changed last July when construction vehicles and large machinery started “barrelling down the two-lane state road”, says Owen.Once work on President Donald Trump’s border wall began, construction was rapid. Sasabe, a sleepy border town, located over an hour from the nearest city of Tucson, was transformed into a construction site. “I don’t think you could find a single person in Sasabe who is in favour of this wall,” Owen says.The purpose of our helicopter trip today is to see the rushed construction work occurring just south of the couple’s house, as contractors race to finish sections of the border wall before Trump leaves office. Viewed from high above the Arizona desert, in the windless bubble of the cockpit, this new section of wall stretches across the landscape like a rust-coloured scar. McDaniel guides us smoothly over hills and drops into canyons, surveying the beauty of the landscape. Here, as on much of the border, the 30ft barrier does not go around; it goes over – stubbornly ploughing through cliffs, up steep mountainsides, and between once-connected communities.“That was already a pretty good barrier,” McDaniel says of the steep, unscalable cliff in front of us. The bulldozed path of Trump’s wall creeps up over the mountain’s west side, but on the other side of the cliff there is no wall, just a large gap. As with many areas on the border, the wall here is being built in a piecemeal fashion. According to the US Army Corps of Engineers, there are 37 ongoing projects, of which only three are set to be completed this month; others have completion dates as far away as June 2022.In August, at a virtual press conference with the National Association of Hispanic Journalists, Joe Biden told reporters that “there will not be another foot of wall constructed on my administration”. The 37 existing construction sites, in various stages of completion, are likely to be shut down.Yet he will have to formulate a more complex policy than simple suspension. Many of the private contractors building the wall have clauses in their contracts that will trigger large payouts if the government simply stops construction. There are also ongoing legal cases brought by private landowners from whom the government seized land. The exact nature of these obligations may only be clear to Biden once he takes office.In the meantime, Trump has accelerated building in the wake of the election, with crews working flat out, late into the night. Throughout December and into January, mountainsides were exploded with dynamite and large portions of desert bulldozed, to make way for a wall that may not be finished in time.For the past four years, I have been living in New Mexico, travelling in the borderlands and documenting the ongoing impact of the wall on communities and the environment.“They started working nights six weeks ago,” says photographer John Kurc, who has been documenting construction in the remote Guadalupe Canyon in Arizona since October last year. “It’s been nonstop ever since.”This is not about protecting America. It’s about protecting President Trump’s own interestsVerlon Jose, former vice-chair of the Native American Tohono O’odham Nation, tells me he has seen the wall plough through his ancestral homeland. “We are caretakers of this land. We are responsible for these things. Has anyone ever asked for permission from the local folks to do the construction? This is about President Donald Trump. It’s not about protecting America. It’s about protecting his own interests.”When construction stops, there will be large gaps in the new wall. In some places it will join up with older barriers that the Trump administration deemed inadequate; in others it will finish abruptly. “They work as fast as they can to build walls that will just end,” says McDaniel, as his helicopter circles back toward their property over saguaro-studded hillsides just north of the Mexican border. We drop altitude and approach the landing strip – a patch of dirt just off the road – whipping up a small dust storm as we touch the ground.***After four years of daily scandals, and the shocking scenes in Washington DC last week, it’s easy to forget that Donald Trump was elected in 2016 with one signature policy: to build a wall. That was the call echoed at his rallies, the embodiment of Trump’s hardline approach to immigration and his purported “America First” ideology. Trump claimed the wall would address an invasion of undesirable migrants, “bad hombres”, a nationalist rhetoric that resonated with his base. During his first week in office, Trump signed an executive order that included a policy for “the immediate construction of a physical wall on the southern border”.Construction began in 2019, mostly replacing existing fences, vehicle barriers, and other border structures, as well as unwalled sections of the border. The bollard wall, Trump’s barrier of choice, consists of a series of vertical steel posts set in concrete, with small gaps in between. While in some places it reaches a height of 30ft, it is less of a wall and more of an imposing metal fence.According to Kenneth Madsen, an associate professor in the department of geography at Ohio State University, the Department of Homeland Security (DHS) has waived 84 laws and statutes – many enacted specifically to protect the nation’s most treasured cultural and ecological sites – in order to expedite construction.Dozens of environmental and public health laws were brushed aside to build walls through parks and wildlife areas, including Organ Pipe Cactus National Monument, Cabeza Prieta National Wildlife Refuge, San Bernardino National Wildlife Refuge and Coronado National Memorial. “It has brought devastation to the environment and the communities of the borderlands,” says Scott Nicol, author of a 2018 report for the American Civil Liberties Union (ACLU) about the impact of the wall, and a resident of the Rio Grande valley in Texas.Nicol believes the wall’s charted course has been determined by ease rather than efficacy. Construction has been much busier on federally owned land, not because that’s where there are likely to be more border crossings, but because building on private property is a lengthy process. “Texas has the most border but the least wall mileage to date because the Texas borderlands are mostly in private hands,” says Nicol.According to the US Customs and Border Protection (CBP) agency, 452 miles of border wall have been constructed under the Trump administration, at an estimated cost of $15bn, one of the most expensive infrastructure projects in US history. In September 2019, Trump promised to build between 450 and 500 miles of wall, so he has reached this goal – even if the vast majority of it is replacing existing barriers.On Tuesday, days after the violent insurrection at the White House, Trump made a final visit to the border in Texas to celebrate reaching this target. During a short speech, he skirted any responsibility for the capital siege, and instead remarked on his successes in halting illegal immigration and securing the border.“When I took office, we inherited a broken, dysfunctional and open border,” he said. “We reformed our immigration system and achieved the most secure southern border in US history.”Has it had any impact on immigration? According to attorney David Donatti, from the ACLU of Texas, the answer is no. In recent months, according to CBP data, the number of people trying to cross has increased. “The wall as a whole is unlikely to have any discernible impact,” says Donatti. “In a race to construct, the administration is building where it’s easier as opposed to where most people cross.”And while the wall may be an impressive barrier, it is far from impregnable. Just after Christmas, Nicol visited a new section in the Rio Grande valley between Texas and Mexico and found numerous ladders scattered on the ground. “You can always go over,” he says.You can also go through. John Kurc started using drones to photograph and video the construction of the wall. The last time he was in the border town of Sonoyta, Mexico, he saw two young men with “yellow, handheld angle grinders” cutting through the wall while a lookout with a radio watched for Border Patrol. “They would put the section back with a special bonding agent and then use paint that oxidizes the same colour as the bollards,” says Kurc. “Then they just go in and out.”Gil Kerlikowske, the Obama-appointed former commissioner of the CBP, says there is not a one-size-fits-all solution for border security: “There are places where the environment is difficult and so remote you don’t need any barrier at all.” In these areas, surveillance and detection technologies would be more useful and cost-efficient, he argues. “It is such an unbelievably complex problem. When someone proposes a simple solution to a complex problem, you can be sure that’s the wrong solution.”***That’s not to say Trump’s wall has had no impact. Back on the ranch, cameras set up by Melissa Owen have captured passing wildlife – mountain lions and javelina, pig-like mammals, the skulls of which can also be found around the house. “There were no environmental surveys, no groundwater surveys, none of that,” says Owen. Once contractors arrived in town last summer, they began “pumping enormous amounts of water out of the ground” in order to mix concrete for the border wall’s foundations.Residents in Sasabe began complaining of reduced water pressure. At San Bernardino National Wildlife Refuge, groundwater pumping for concrete began draining a crucial wetland and endangering four threatened species of fish. Similar concerns were raised when the Quitobaquito Springs at Organ Pipe Cactus National Monument, home to the endangered desert pupfish began to dry out as contractors pumped water from the ancient aquifer that fed it. “That’s our water – that’s what we depend on,” says Owen, looking out towards arid ranchland that is suffering from a long drought.We had three different jaguars in 2016 – we haven’t seen signs of any since construction beganMyles Traphagen, borderlands coordinator of the Wildlands Network conservation group, has called Trump’s wall the “single most damaging project” to the ecology of the mountainous Sky Islands region and the animals that call it home – especially the jaguar, which has made a remarkable comeback in the US after being hunted to extinction by the late 1960s.“We had three different jaguars in 2015 and 2016, which hadn’t happened since the 1930s,” says Chris Bugbee, a senior researcher at Conservation CATalyst, an organisation dedicated to the world’s 38 wild cat species.“If this border wall hadn’t started, we expected a female to eventually arrive and have breeding jaguars again,” adds Aletris Neils, Conservation CATalyst’s executive director.The jaguar is one of numerous species – such as the endangered ocelot and the Mexican gray wolf – found in a region that extends from south-western New Mexico into western Arizona and far down into Mexico. If current border wall construction is completed, says Traphagen, “93% of jaguar habitat will have been walled off”.Only males have been seen in the US since the 60s. They have huge ranges and some travel north where there is plenty to eat, before returning south to find a mate. There is currently one jaguar (whose location cannot be shared due to poaching concerns) on the US side, cut off from Mexico because of the wall.Bugbee has spent years tracking the famous “El Jefe” jaguar, one of the few sighted recently in the US, with his dog Mayke. “We haven’t seen signs of any jaguars since construction began,” he tells me when we meet at the Coronado National Forest, where he previously tracked the cat. A mile or so away, construction workers have been blasting and bulldozing over the steep Montezuma Pass, where another jaguar, known as Yo’oko, once roamed.Owen and McDaniel are far from open-border liberals. The entrance to their ranch has a sign that reads: “Border Patrol always welcome”. Owen’s two horses, Rocker and Kiowa, are retired Border Patrol horses – “the best”, she says of their temperament. In her early years on the ranch, Owen says, undocumented migrants and smugglers were coming across the border in large numbers. She would frequently encounter migrants on her property. One morning someone broke into her house. “I don’t want it to go back to then,” she says, but adds that the economic downturn of 2008 has slowed immigration considerably. “No one wants a secure border more than I,” she says. “But a 30ft-tall, poorly constructed barrier is not the answer. It’s a campaign gimmick. My neighbourhood is being destroyed because a megalomaniac wants to pacify his supporters.”During his election campaign, Trump claimed that Mexico would pay for the wall. Once he was in office, Congress provided some $1.37bn a year for construction, but each year the president demanded more, ultimately declaring a national emergency in order to divert military funds to pay for the wall. It’s estimated by the US Army Corps of Engineers that Biden will save about $2.6bn if he stops construction on the border wall in his first day in office.Trump, and some within CBP, have maintained that the wall is a crucial means of halting smuggling. “Illegal drug and human smuggling activities have decreased in those areas where barriers are deployed. Illegal cross-border traffic has also shifted to areas with inferior legacy barriers or no barriers at all,” said a DHS spokesperson in a recent email to the Guardian.Kerlikowske, who also served as director of the Office of National Drug Control Policy between 2009 and 2014, admits that drug trafficking is a problem. However, he points out that the vast majority of illicit substances, such as fentanyl, cocaine and heroin, are smuggled through legal ports of entry where elaborate walls and security systems already exist. “During my time as commissioner, I met with hundreds of border patrol agents. No one in the border patrol says we really need a wall,” he says.As you keep building, you keep pushing people into more remote and dangerous areasDonatti from the ACLU of Texas says there is little evidence that walls deter either drugs or undocumented immigration, which is being driven primarily by so-called push factors (war, poverty, desperation) in other countries. “The US federal government has tried to study this several times and has never found support that a border wall stops the flow of undocumented immigration,” he says.One thing border walls are effective at is increasing the number of migrant deaths. As the US has walled off more of its border, the risk to migrants crossing illegally has increased. Since 1998, around 7,000 people have died along the US-Mexico border, the majority in Arizona’s rural deserts and, in recent years, the Rio Grande valley. “As you keep building, you keep pushing people into more remote and dangerous areas,” says Donatti.“It’s a humanitarian disaster,” agrees Eddie Canales, of the South Texas Human Rights Center, who has spent the past decade operating hundreds of water stations in the Rio Grande valley in Texas to save migrants. “We do what we can,” Canales told the Guardian in early 2020. “But people keep dying.” The wall funnels people into more dangerous crossing points, where physical barriers do not yet exist. Summer temperatures in the Arizona desert are brutal; 2020 became the deadliest year since 2010 for those who crossed the border there.***“It’s hard for people to understand what this means to us, as O’odham and Native Americans. What it means to us as the original indigenous peoples of this land,” says Verlon Jose.When I visit Organ Pipe Cactus National Monument, a pristine tract of Sonoran desert, earlier this year, contractors are busy dynamiting Monument Hill, a sacred mountain and burial site for the Tohono O’odham people. Uprooted saguaros, the huge, tree-like cacti sacred to the tribe, dot the path of the wall. “It was like, ‘Tell me where your grandparents live, and I’ll put a wall through there,’” says Jose.“In certain areas, we won’t be able to continue our traditional practices,” says Jose, whose tribal members span both sides of the border. “We spent billions of dollars on the wall. Why don’t we invest it in our border cities and towns?”According to Norma Herrera, a border resident from McAllen, Texas, the wall’s $15bn price tag is an insult to one of the county’s most impoverished regions, where critical infrastructure is often lacking. This issue was laid bare during the pandemic, when places such as the Rio Grande valley in Texas, a centre of border wall construction, was devastated by Covid. Hospitals reached capacity, deaths mounted, and all the while, the wall continued to rise.“We had more deaths in the region than the entire state,” says Herrera, community organiser at the Rio Grande Valley Equal Voice Network, which advocates for marginalised groups in the area. “To see the wall going up, to see resources used on useless steel and concrete, it’s senseless.”According to Donatti, whose parents originally emigrated from Argentina to the US, the wall should be seen in the context of broader exclusion policies – such as the Remain in Mexico programme enacted by Trump, under which asylum seekers arriving at ports of entry are returned to Mexico to wait for their US immigration proceedings. “It’s this idea that there is a fundamental Americanness, and either you’re inside, or you’re out,” he says.That idea was evident in late 2019, when I visited a shelter in Tijuana. The two-storey building in the neighbourhood of Benito Juárez was packed with families, with mattresses sprawled over every inch of open floor. At that time in Tijuana, nearly 10,000 asylum seekers were waiting for their immigration hearings after being turned back at the border and sent to one of the most dangerous cities in Mexico.Many are hopeful that under the Biden administration the approach to migrants and the borderlands will change; that policies such as Remain in Mexico will be undone; and even that sections of the border wall will be removed. A week after inauguration day, a coalition of groups across the borderlands will begin a monitoring project in order to assess the damage, and to see what needs to be done. Some hope certain sections can be removed in order to reconnect critical habitats and communities.Verlon Jose of the Tohono O’odham has a “sliver of hope” that some of the walls will come down. “I believe Biden will not build another inch,” he adds.Others are not so sure. “Optimism? No,” says Donatti of the prospect of the wall coming down. “He hasn’t committed to as much. But there is a strong coalition along the border that will be fighting for it.”John Kurc, who has spent thousands of hours watching the destruction of Guadalupe Canyon, sees the scale of the challenge. “The Trump administration has caused so much damage to these environments,” he says, peering through a set of binoculars as a crane hoists up an isolated section of wall, with huge gaps on each side. “We have a lot of work to do.” More