Posts tagged with "Department of Homeland Security"

January 6 texts missing for Trump Homeland Security’s Wolf and Cuccinelli

August 1, 2022

Text messages for former President Donald Trump’s acting Homeland Security Secretary Chad Wolf and acting Deputy Secretary Ken Cuccinelli are missing for a key period leading up to the January 6 attack on the U.S. Capitol, according to four people briefed on the matter and internal emails, reports The Washington Post.

This discovery of missing records for the senior-most homeland security officials, which has not been previously reported, increases the volume of potential evidence that has vanished regarding the time around the Capitol attack.

The Department of Homeland Security notified the agency’s inspector general in late February that Wolf’’s and Cuccinelli’s texts were lost in a “reset” of their government phones when they left their jobs in January 2021 in preparation for the new Biden Administration, according to an internal record obtained by the Project on Government Oversight and shared with The Washington Post.

The office of the department’s undersecretary of management also told the government watchdog that the text messages for its boss, Undersecretary Randolph “Tex” Alles, the former Secret Service director, were also no longer available due to a previously planned phone reset.

The office of Inspector General Joseph Cuffari did not press the department leadership at that time to explain why they did not preserve these records, nor seek ways to recover the lost data, according to the four people briefed on the watchdog’s actions.

Cuffari also failed—for months—to alert Congress to the potential destruction of government records.

The revelation comes on the heels of the discovery that text messages of Secret Service agents—critical firsthand witnesses to the events leading up to January 6—were deleted more than a year ago and may never be recovered.v

The news of their  missing records set off a firestorm  because the texts could have corroborated the account of a former White House aide describing the president’s state of mind on January 6. In one case, the aide, Cassidy Hutchinson said a top official told her that Trump had tried to attack a senior Secret Service agent who refused to take the president to the Capitol with his supporters marching there.

In a early identical scenario to that of the DHS leaders’ texts, the Secret Service alerted Cuffari’s office seven months ago, in December 2021, that the agency had deleted thousands of agents’ and employees’ text messages in an agency-wide reset of government phones. Cuffari’s office  did not notify Congress  until mid-July, despite multiple congressional committees’ pending requests for these records.

The telephone and text communications of Wolf and Cuccinelli in the days leading up to January 6 could have shed considerable light on Trump’s actions and plans. In the weeks before the attack on the Capitol, Trump had been pressuring both men to help him claim the 2020 election results were rigged—and even to seize voting machines in key swing states to try to “re-run” the election.

“It is extremely troubling that the issue of deleted text messages related to the January 6 attack on the Capitol is not limited to the Secret Service, but also includes Chad Wolf and Ken Cuccinelli, who were running DHS at the time,” House Homeland Security Committee Chairman Bennie G. Thompson said in a statement.

“It appears the DHS Inspector General has known about these deleted texts for months but failed to notify Congress,” Thompson said. “If the Inspector General had informed Congress, we may have been able to get better records from Senior administration officials regarding one of the most tragic days in our democracy’s history.”

Neither Cuccinelli nor Wolf responded to requests for comment. DHS’s Office of Inspector General did not immediately respond to requests for comment.

The discovery of missing records for the top officials running the Department of Homeland Security during the final days of the Trump Administration raises new questions about what could have been learned, and also about what other text messages and evidence the department and other agencies may have erased, in apparent violation of the Federal Records Act.

Research contact: @washingtonpost

Secret Service deleted January 6 text messages after oversight officials requested them

January 18, 2022

The U.S. Secret Service erased text messages from January 5 and January 6, 2021, according to a letter given to the January 6 Committee—and reviewed and reported by The Intercept.

The letter was originally sent by the Department of Homeland Security Office of Inspector General to the House and Senate Homeland Security Committees. Although the Secret Service maintains that the text messages were lost as a result of a “device-replacement program,” the letter says the erasure took place shortly after oversight officials requested the agency’s electronic communications.

The Secret Service did not respond to a request for comment from The Intercept. In a statement to The Washington Post, Secret Service spokesperson Anthony Guglielmi disputed the timeline—saying that some electronic communications had been deleted in January, while the Inspector General made its request in February.

According to The Intercept, the Secret Service has emerged as a key player in the explosive congressional hearings on former President Donald Trump’s role in the storming of the Capitol on January 6, 2021, in an attempt to prevent the 2020 election results from being certified. That day, then-Vice President Mike Pence was at the Capitol to certify the results. When rioters entered the building, the Secret Service tried to whisk Pence away from the scene.

“I’m not getting in the car,” Pence reportedly told the Secret Service detail on January 6. “If I get in that vehicle, you guys are taking off.” Had Pence entered the vice presidential limo, he would have been taken to a secure location where he would have been unable to certify the presidential election results, plunging the U.S. into uncharted waters.

“People need to understand that, if Pence had listened to the Secret Service and fled the Capitol, this could have turned out a whole lot worse,” a congressional official not authorized to speak publicly told The Intercept. “It could’ve been a successful coup, not just an attempted one.”

Representive Jamie Raskin (D-Maryland), a member of the January 6 committee, called Pence’s terse refusal — “I’m not getting in the car” — the “six most chilling words of this entire thing I’ve seen so far.”

But, the Office of Inspector General letter suggests, key evidence in the form of the Secret Service’s electronic communications may never see the light of day. The Department of Homeland Security—the Secret Service’s parent agency— is subject to oversight from the DHS Office of Inspector General, which had requested records of electronic communications from the Secret Service between January 5 and January 6, 2021, before being informed that they had been erased.

It is unclear from the letter whether all of the messages were deleted or just some. Department officials have also pushed back on the oversight office’s records request by arguing that the records must first undergo review by DHS attorneys, which has delayed the process and left unclear if the Secret Service records would ever be produced, according to the letter.

Asked about the matter, a DHS Office of Inspector General spokesperson told The Intercept, “To preserve the integrity of our work and protect our independence, we do not discuss our ongoing reviews or our communications with Congress.”

On June 28, former White House aide Cassidy Hutchinson  testified before the January 6 committee—disclosing that Trump had ordered Secret Service to take him to the Capitol so he could address his supporters. Later that day, Secret Service officials disputed aspects of her account, including her allegation that Trump had reached for the wheel of the presidential limousine and lunged at Secret Service.

A top Secret Service official allegedly involved in the attempt to spirit away Pence on January 6 remains in a leadership position at the agency. Tony Ornato, a Secret Service agent whom Trump made the unprecedented decision to appoint as his deputy White House chief of staff, reportedly informed Pence’s National Security Adviser, Keith Kellogg, on January 6 that agents would relocate the vice president to Joint Base Andrews in Maryland. “You can’t do that, Tony,” Kellogg reportedly told Ornato. “Leave him where he’s at. He’s got a job to do. I know you guys too well. You’ll fly him to Alaska if you have a chance. Don’t do it.” (Ornato has denied the account.)

Today Ornato serves as the assistant director of the Secret Service’s Office of Training.

Agencies, especially those involved in national security, often use the sensitivity of their work to sidestep oversight—stymying the work of offices of inspectors general. It is not uncommon for inspectors general, particularly effective ones, to face institutional resistance during the course of investigations. Tasked with rooting out waste, fraud, and abuse, inspectors general are not always welcomed.

Research contact: @theintercept

Armed man is arrested near home of Justice Brett Kavanaugh

June 9, 2022

An armed man was arrested early Wednesday, June 8,  near the Maryland home of Justice Brett Kavanaugh after making threats against the Supreme Court associate justice, a spokesperson for the court said. The man was taken to the 2nd District Police Station in Bethesda, Maryland, reports The New York Times.

The spokesperson, Patricia McCabe, said the man, who was arrested around 1:50 a.m., was armed, but she did not specify what type of weapon he was carrying. The arrest was reported earlier by The Washington Post. In a statement, the F.B.I. said that it was aware of the arrest, and that it was working with law enforcement agencies.

Governor Larry Hogan of Maryland said in a statement that he had asked Attorney General Merrick Garland in May to increase security outside the justices’ homes.

“I call on leaders in both parties in Washington to strongly condemn these actions in no uncertain terms,” Governor Hogan, a Republican, said. “It is vital to our constitutional system that the justices be able to carry out their duties without fear of violence against them and their families.”

There have been protests outside the home of Justice Kavanaugh and those of the other justices since a leaked draft of a Supreme Court opinion was published last month—suggesting that the justices are poised to overturn the landmark 1973 Roe v. Wade decision guaranteeing the right to an abortion.

In a bulletin issued on Tuesday, the Department of Homeland Security said that after the publication of the leaked draft opinion, advocates for and against abortion rights have “encouraged violence” on public forums, “including against government, religious, and reproductive healthcare personnel and facilities, as well as those with opposing ideologies.”

Research contact: @nytimes

Biden Administration asks SCOTUS for consent to end Trump’s ‘Remain in Mexico’ immigration policy

December 31, 2021

On Wednesday, December 29, the Biden Administration asked the Supreme Court for permission to end the Trump-era Remain in Mexico” program, which requires non-Mexican asylum-seekers to stay in Mexico until their U.S. immigration court dates,  reports CNN.

In August, a federal judge in Texas ordered the revival of the policy after the Department of Homeland Security attempted to end the program. An appeals court also ruled against the Administration, which began to re-implement the program earlier this month.

Under former President Donald Trump, thousands of migrants were subject to the program, formally known as Migrant Protection Protocols, which has resulted in migrants living in makeshift camps along Mexico’s northern border, often in squalor and dangerous conditions.

“In short, the lower courts have commanded DHS to implement and enforce the short-lived and controversial MPP program in perpetuity. And they have done so despite determinations by the politically accountable Executive Branch that MPP is not the best tool for deterring unlawful migration; that MPP exposes migrants to unacceptable risks; and that MPP detracts from the Executive’s foreign-relations efforts to manage regional migration,” the Administration wrote to the justices.

According to CNN, the filing also requests that the Supreme Court review the case this term, arguing that the appeals court ruling threatens to disrupt other cases where the government’s policies on issues like immigration detention and parole are challenged.

“Delaying review until next Term would likely postpone resolution of those critical issues until sometime in 2023. In the meantime, the government would be forced to continue negotiating with Mexico to maintain a controversial program that it has already twice determined is no longer in the best interests of the United States,” the filing reads.

The Supreme Court previously denied a request from the Administration that the program’s revival remain on hold while the case was appealed.

When the federal appeals court blocked President Joe Biden’s attempt to end the immigration program, it said the Administration’s efforts did not comply with the Administrative Procedure Act, which sets out specific processes that agencies must go through in unveiling new policies.

The court also said that the effort violated an immigration law that says noncitizens “shall” be detained or returned to the countries from which they arrived while their immigration proceedings move forward.

Research contact: @CNN

Arizona official: Voting machines are unusable because recount firm broke ‘chain of custody’

May 24, 2021

Arizona Secretary of State Katie Hobbs informed Maricopa County officials on Thursday, May 20, that hundreds of the state’s vote-tabulating machines should no longer be used because there is no way of knowing whether they were tampered with while out of the county’s custody and under the control of State Senate Republicans and the controversial Cyber Ninjas company conducting the recount of last November’s presidential vote, HuffPost reports.

Hobbs wrote the letter to the Maricopa County Board of Supervisors after being advised of the problem by the U.S. Department of Homeland Security.  New machines reportedly could cost the state millions of dollars.

According to HuffPost, “This represents the latest astonishing snafu in a circus recount of 2.1 million Maricopa County votes by a company that has no experience with ballots or elections and that is run by a right-wing conspiracy theorist who was convinced months ago that any audit would turn up hundreds of thousands of votes for Donald Trump.”

The Ninjas are subjecting ballots to ultraviolet light in an outlandish hunt for bamboo fibers, which they are convinced would be evidence of tampering by China.

Hobbs said a strict “chain of custody” procedure to safeguard the integrity of votes was broken when the county was forced last month to turn over voting machines to Senate Republicans and the Cyber Ninjas, who then had total control without supervision. Critics are convinced that countless ballots have already been altered, stolen, trashed or gone missing.

Such a break in the chain of custody constitutes a serious “cyber incident to critical infrastructure — an incident that could jeopardize the confidentiality, integrity and availability of digital information,” Hobbs warned. Access must be strictly limited and tracked, she noted, but Cyber Ninjas’ procedures, “if any,” are unknown, and “troubling security lapses” have been witnessed.

If the county uses the machines again, Hobbs said, her office would consider “decertification proceedings” that would ban their utilization.

The list of missteps by Cyber Ninjas is driving a wedge between Republicans in the state. State GOP Senator Paul Boyer said earlier this month that he regrets initially supporting the recount. “It makes us look like idiots,” he said of the vote audit launched by Senate Republicans. “I didn’t think it would be this ridiculous. It’s embarrassing to be a state senator at this point.”

Early last week, former President Donald Trump furiously complained about voter files that the Cyber Ninjas were unable to find—but only because workers had no idea where to look, said the head of the county’s Board of Supervisors, Jack Sellers, a Republican.

The head of county elections, Maricopa County Recorder Stephen Richer, also a Republican, called Trump “unhinged” for parroting—then amplifying—Cyber Ninjas’ lies.

Indeed, the county board fired off a scathing letter Monday to the president of the state Senate demanding an immediate end to the audit that has “become a spectacle that is harming all of us.”

Sellers called the operation a “circus” involving “purple lights and spinning tables” and hunts for bamboo, which are “not things that serious auditors of elections do. You are photographing ballots and … sending those images to unidentified places and people,” the letter stated.

“It is time to end this,” the letter concluded. “For the good of the Senate, for the good of the Country, and for the good of the Democratic institutions that define us as Americans.”

The Arizona vote was certified nearly six months ago by Republican Governor Doug Ducey after several recounts failed to find any irregularities. Democrat Joe Biden beat Trump by 10,457 votes in the state. Biden edged out his rival by more than 2 percentage points―about 45,000 votes―in Maricopa County.

Research contact: @HuffPost

Merck’s little brown pill could transform the fight against COVID—and other viruses

March 26, 2021

The story of what might become the next major breakthrough in COVID-19 treatment starts on a hotel hallway floor in January 2020—months before you were worried about the virus; weeks before you likely knew it existed, reports Bloomberg.

A scientist and a business executive were at a health-care conference in San Francisco, hatching a plan to get a promising drug out of academia and into research trials for regulatory approval. George Painter, president of the Emory Institute for Drug Development, and Wendy Holman, CEO of Ridgeback Biotherapeutics, had met at the Handlery Union Square Hotel to discuss a compound Painter had started developing with funding from the National Institutes of Health.

They got so enthusiastic about the possibilities that their meeting ran long—and a group of lawyers kicked them out of their room. So they continued on the hall floor, hours after they had started.

Painter and Holman weren’t talking about targeting COVID at the time. The disease and the coronavirus that causes it, SARS-CoV-2, weren’t major concerns at the J.P. Morgan-run conference, where handshakes and cocktail parties with hundreds of guests were still the norm. Rather, Painter was hoping his drug, molnupiravir, could get more funding to speed up flu studies. Holman was eager to see if it worked on Ebola. That’s the thing about molnupiravir: Many scientists think it could be a broad-spectrum antiviral, effective against a range of threats.

A few days later, Holman arrived in Atlanta to see the labs at Emory and pore through the early data. As she and Painter hashed out the terms of a deal in which Ridgeback would buy the drug and start studying its safety and efficacy in people, COVID was seeping into the public consciousness. By the time Ridgeback announced its acquisition of molnupiravir, on March 19, the world had shut down, and it was clear which threat the drug needed to be tested on right away. Clinical trials for the pill kicked off in April. The next month, Merck & Co., which has a deep history of public-health development work, including on HIV and Ebola, struck a deal to buy molnupiravir from Ridgeback and start the types of large-scale trials that could get it authorized by regulators. Those began in the fall.

Even as vaccines are rolling out worldwide, the coronavirus and its mutations still pose a major health threat, Bloomberg notes: Not everyone who is eligible for a shot will agree to get one. The hundreds of thousands of people who continue to contract COVID each day have few treatment options.

There’s no simple, inexpensive pill that can prevent those at the earliest stages of infection from later needing to be hospitalized. The monoclonal antibody therapies that doctors now have available for those most at risk of getting severely ill need to be administered by infusions at specialized medical centers. And for those who do become hospitalized, the antiviral remdesivir, from Gilead Sciences , speeds recovery, but hasn’t been shown to reduce deaths.

Drugmakers see an opportunity to add to the arsenal of potential therapies. There are 246 antivirals in development, according to the Biotechnology Innovation Organization, an industry trade group. And companies as big as Pfizer and as little-known as Veru  are testing them in pill form.

Bloomberg reports, Merck’s molnupiravir is among the furthest along. Its developers hope the pills can be prescribed widely to anyone who gets sick. Think Tamiflu for COVID.

The hurdle, beyond ensuring the drug works, is making sure it’s safe. Developers of antivirals have been dealing with the thorny issues they pose for decades. Should Merck succeed in demonstrating that molnupiravir is effective and free of serious side effects, it could be a boon to the company, and to society, for many years to come.

If the drug proves safe and effective, Merck says it’s ready to go, with the capacity to make as many as 100 million molnupiravir pills—enough to treat 10 million people—by the end of the year. Down the road, the drug could even be an asset beyond the fight against COVID.

Research contact: @Bloomberg

Biden names Harris to work with Central America on migration

March 26, 2021

U.S. President Joe Biden announced on Wednesday that Vice President Kamala Harris would lead the Administration’s efforts to deter migration to the nation’ssouthwestern border by working to improve conditions in Central America—plunging her into one of the most politically fraught issues facing the White House, The New York Times reported.

The president said he had directed Harris to oversee the Administration’s plans to pump billions of dollars into the ravaged economies of Guatemala, Honduras and El Salvador. She will work with the leaders of Central American governments to bolster the region’s economy in the hopes of reducing the violence and poverty that often have driven families in those countries to seek refuge in the United States.

“While we are clear that people should not come to the border now, we also understand that we will enforce the law,” Vice President Harris said before a White House meeting with top immigration officials. “We also—because we can chew gum and walk at the same time—must address the root causes that cause people to make the trek.”

The announcement underscores the sense of urgency at the border, where the administration has struggled to move thousands of young migrants from detention centers meant for adults into shelters managed by the Department of Health and Human Services. Republicans, who have seized on the images to make a case that President Biden’s immigration agenda is only attracting more people from the region, have vowed to put the issue at the center of their efforts to retake power in Congress next year.

The president, however, has continued to use a pandemic emergency rule to rapidly turn away most migrants at the border. The exception: Even though an appeals court allowed the United States to resume expelling minors. Biden has elected to welcome them into the country, where they must be kept in custody until they can be released to sponsors.

For the vice president, the diplomatic assignment is likely to be challenging. Previous efforts, including one led by Biden when he was vice president, were largely unsuccessful, as critics charged that corrupt leaders there had not effectively spent foreign aid money. In the years since, a majority of the families crossing the border have traveled from Central America,—eeking economic opportunity, safety from gangs and reunions with family members already in the United States.

The effort by Ms. Harris to address the root causes of migration, which can take years, is also unlikely to quickly produce the swift action demanded by Republicans and some Democrats to reduce the overcrowding at the border,the Times said. Representative Henry Cuellar, Democrat of Texas, released photographs this week showing dozens of young migrants lying on mats under foil blankets in crowded pods in a tent facility managed by the Border Patrol in Donna, Texas.

“The administration is struggling between the humane, softer approach as opposed to Trump and they have to calibrate and find that balance in enforcing the laws on the books and still projecting compassion,” Cuellar said after touring an overflow facility managed by the Department of Health and Human Services that was established to move children quickly from the border jails.

As of Monday, more than 4,800 children and teenagers were still stuck in detention cells intended to hold adults for short periods, including more than 3,300 held longer than the maximum 72 hours allowed under federal law, according to government documents obtained by The New York Times. On Tuesday, the number of minors in the border facilities increased to more than 4,960, according to data released on Wednesday by the Department of Homeland Security. The largest number of minors held this way under the Trump administration was about 2,600 in June 2019, according to current and former Customs and Border Protection officials.

Harris acknowledged on Wednesday that “no question this is a challenging situation,” but said that she was looking forward to engaging in discussions with leaders of Central American countries.

For Vice President Harris, the diplomatic assignment is one of the first in a portfolio of responsibilities that aides said would expand in the months ahead..

The difficulty of the current task should not be underestimated.

Research contact: @nytimes

Living the dream: Supreme Court blocks Trump repeal of DACA immigration program

June 19, 2020

In a 5-4 ruling that affects more than 600,000 undocumented immigrants who were brought to the United States as children, the Supreme Court ruled on June 18 that the Trump Administration did not provide sufficient reasons for canceling the Deferred Action for Childhood Arrivals program (DACA); which was first announced by former President Barack Obama in June 2012.

In an opinion written by Chief Justice John Roberts, the SCOTUS rejected the White House’s decision to cancel the program, which has provided legal protections and work authorizations to undocumented immigrants, The Wall Street Journal reported.

“The dispute before the Court is not whether [the Department of Homeland Security] may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so,” Chief Justice Roberts wrote, joined in full or part by liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

He added that the decision didn’t address “whether DACA or its rescission are sound policies,” which wasn’t the court’s concern. But the government failed its duty under the Administrative Procedure Act to “provide a reasoned explanation for its action,” including “what if anything to do about the hardship to DACA recipients.”

Indeed, the Journal opines, “The ruling hands President Trump one of the biggest legal defeats of his presidency, and in the middle of an election year in which immigration is again a top political topic. The decision effectively provides relief to more than 600,000 DACA recipients, often referred to as Dreamers, who have been in limbo since Mr. Trump in 2017 decided to wind down the program.”

“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Justice Thomas wrote. Justice Brett Kavanaugh wrote a separate dissent, the Journal noted.

The court’s ruling doesn’t mean the White House can never cancel DACA, but it will have to come up with new supporting reasons if it tries again to end the program.

The president and his advisers maintained that DACA wasn’t lawful because Congress hadn’t authorized any such policy. The White House and Congress have been unable to reach agreement on how to tackle the issue, or immigration policy more broadly.

According to the Journal, the cancellation of the program was scheduled to begin in March 2018, but lower courts issued rulings that blocked the administration from ending DACA. Judges previously found that the administration offered little explanation or support for its decision, in violation of a federal administrative law that requires government agencies to explain their decision-making to the public and offer sound reasons for adopting a new policy.

Research contact: @WSJ

Trump administration pulls welcome mat unless immigrants can pay their own way

August 14, 2019

President George Washington, known to this day as “the father of our country,” famously said, “The bosom of America is open to receive not only the Opulent and respected Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges ….”

However, now, that welcome mat is being pulled out from under the feet of both legal and illegal immigrants by the Trump administration, which on August 12 rolled out a sweeping rule that targets every newcomer who needs welfare benefits such as food stamps and government-subsidized housing.

According to a report by CBS News, the new regulation from the Department of Homeland Security would block the entry of any immigrants who would rely on a “public charge” or “public benefit” to provide the necessities of life.

Detailed in a more than 800-page document, the new regulation would dramatically expand the government’s definition of the centuries-old term “public charge,” effectively making it more difficult for certain low-income immigrants to secure permanent residency or temporary visas. The final and enforceable version of the rule is scheduled to be officially published on the Federal Register on August 14 and slated to go into effect in October.

The rule affects most aspects of life for immigrants — from medical care and English language proficiency, to food stamps and other welfare programs, according to the network news outlet.

Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services (USCIS), the DHS agency that administers benefits for immigrants, touted the change as a way to promote “self-sufficiency” and “success” among immigrant communities.

“Through the public charge rule, President Trump’s administration is re-enforcing the ideals of self-sufficiency and personal responsibility ensuring immigrants are able to support themselves and become successful here in America,” Cuccinelli told reporters at the White House on Monday. 

Immigration authorities currently ask green card applicants to prove they won’t be a burden on the country, but the new regulation, if enacted, would require caseworkers to consider the use of government housing, food and medical assistance such as the widely used Section 8 housing vouchers and the Supplemental Nutrition Assistance Program (SNAP).

The rule would subject immigrant households that fall below certain income thresholds to the “public charge” test—which would also consider how well applicants speak, read and write English. Under the proposed rule, any diagnosed medical condition that requires extensive medical treatment would also “weigh heavily” in evaluations by caseworkers.

Asylum seekers and refugees would be exempt from this “public charge” test.

When the 60-day public comment window on the proposed rule closed last December, more than 260,000 comments had been sent to the Trump administration— nearly all of them, critical of the new regulation. However, those comments have not been considered in the creation of the rule.

Although the proposal does not include Medicaid and Children’s Health Insurance Program (CHIP) assistance in its “public charge” considerations, researchers at the Health Policy Center believe immigrant parents, particularly in Latino and Asian American communities, will drop these benefits due to concerns surrounding their immigration status and ability to remain in the U.S. legally with their children.

Their only hope? As soon as the final rule was unveiled, several groups vowed to file lawsuits to try to block it, CBS News reported.

Research contact: @CBSNews

Nearly all asylum applicants from the last migrant caravan were allowed U.S. entry

October 29, 2018

More than 90% of the Central Americans who applied for asylum after arriving at the U.S. border in last spring’s caravan passed the first step of the application process and were allowed into the country, according to figures from U.S. Citizenship and Immigration Services, BuzzFeed reported on October 26.

Of the 401 people whom USCIS considered to be part of the caravan, 374 (or 93%) passed what’s known as a credible fear of torture or persecution interview, during which immigration officials determine whether an asylum applicant has a well-founded suspicion that he or she will be tortured or persecuted back home because of race, religion, nationality, membership in a particular social group, or political opinion.

If they pass the interview with an asylum officer, their case goes before an immigration judge.

The high success rate of asylum seekers in the spring caravan—which arrived at the border in May following a month(s)-long trek across Mexico, may explain why the Trump administration now is considering ways to prevent new arrivals from applying for asylum at the border — something that is allowed under US immigration law. The overall success rate for asylum seekers’ credible fear interview has been 76% in 2018, BuzzFeed said.

Under a proposal that is still being debated inside the Trump administration, the president would issue a proclamation barring residents of certain countries from entering the United States as security risks. The Department of Homeland Security and the Department of Justice would then cite that proclamation to bar the asylum applicants.

According to the news outlet, “The move would be a sweeping change by the Trump administration to longstanding immigration practice and would undoubtedly draw a legal challenge. But advocates of the proposal believe a Supreme Court decision that allowed the Trump travel ban to go into effect earlier this year paved the way for such a step.”

Indeed, the president has repeatedly denounced the new caravan—which at one time numbered more than 7,000 people and is now about half that size—saying that it includes criminals, although nearly two-thirds of those fleeing persecution appear to be women and children. The majority of those in the new caravan are from Honduras and Guatemala.

“All of these threats and deterrents aren’t working because there is an actual credible refugee crisis,” Allegra Love, an immigration attorney who helped screen potential asylum-seekers during the last caravan, told BuzzFeed in an interview. “Short of closing the border to migrants and refugees there’s not a lot you can do,”

Love is concerned the Trump administration will close ports of entry to people with lawful asylum claims. “There are children on this caravan, I think we have to always remember we’re going to be closing doors to a child, not that adults don’t deserve the same compassion,” Love said. “We’re creating an international crisis.”

Research contact: adolfo.flores@buzzfeed.com