July, 09 2014, 11:52am EDT
Groups Sue Federal Government over Failure to Provide Legal Representation for Children Placed into Deportation Proceedings
SEATTLE
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation in deportation hearings.
Each year, the government initiates immigration court proceedings against thousands of children. Some of these youth grew up in the United States and have lived in the country for years, and many have fled violence and persecution in their home countries. The Obama administration even recently called an influx of children coming across the Southern border a "humanitarian situation." And yet, thousands of children required to appear in immigration court each year do so without an attorney. This case seeks to remedy this unacceptable practice.
"If we believe in due process for children in our country, then we cannot abandon them when they face deportation in our immigration courts," said Ahilan Arulanantham, senior staff attorney with the ACLU's Immigrants' Rights Project and the ACLU Foundation of Southern California. "The government pays for a trained prosecutor to advocate for the deportation of every child. It is patently unfair to force children to defend themselves alone."
The plaintiffs in this case include:
- A 10-year-old boy, his 13-year-old brother, and 15-year-old sister from El Salvador, whose father was murdered in front of their eyes. The father was targeted because he and the mother ran a rehabilitation center for people trying to leave gangs.
- A 14-year-old girl who had been living with her grandparents, but was forced to flee El Salvador after being threatened and then attacked by gang members.
- A 15-year-old boy who was abandoned and abused in Guatemala, and came to the United States without any family or friends.
- A 16-year-old boy born in Mexico who has lived here since he was 1 year old and has had lawful status since June 2010.
- A 16-year-old boy with limited communication skills and special education issues who escaped brutal violence exacted on his family in Honduras, and who has lived in Southern California since he was 8 years old.
- A 17-year-old boy who fled gang violence and recruitment in Guatemala and now lives with his lawful permanent resident father in Los Angeles.
All are scheduled to appear at deportation hearings without any legal representation and face a very real risk of being sent back into the perilous circumstances they left.
While the Obama administration recently announced a limited program to provide legal assistance to some youth facing deportation hearings, this proposal does not come close to meeting the urgent need for legal representation for all children whom the government wants to deport. And there is no guarantee that additional funding proposed by the administration yesterday will materialize or meet the overwhelming need. In the meantime, children continue to appear alone in court every day.
"While our law firm, and others around the country, provide free legal services to children facing the injustice of appearing alone in court, we can help only a small fraction of the children in need," said Theo Angelis, a partner at K&L Gates LLP.
Kristen Jackson, senior staff attorney with Public Counsel, a not-for-profit law firm that works with immigrant children, added, "Each day, we are contacted by children in desperate need of lawyers to advocate for them in their deportation proceedings. Pro bono efforts have been valiant, but they will never fully meet the increasing and complex needs these children present. The time has come for our government to recognize our Constitution's promise of fairness and its duty to give these children a real voice in court."
The complaint charges the U.S. Department of Justice, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Department of Health and Human Services, Executive Office for Immigration Review, and Office of Refugee Resettlement with violating the U.S. Constitution's Fifth Amendment Due Process Clause and the Immigration and Nationality Act's provisions requiring a "full and fair hearing" before an immigration judge. It seeks to require the government to provide children with legal representation in their deportation hearings.
"Deportation carries serious consequences for children, whether it is return to a country they fled because of violence and persecution or being separated from their homes and families. Yet children are forced into immigration court without representation - a basic protection most would assume is required whenever someone's liberty is at stake. Requiring children to fight against deportation without a lawyer is incompatible with American values of due process and justice for all," said Beth Werlin, deputy legal director for the American Immigration Council.
The case, J.E.F.M. v. Holder, was filed in U.S. District Court in Seattle, Wash.
"It is simply unacceptable that children are forced to stand alone before an immigration judge, pitted against trained attorneys from the federal government," said Matt Adams, legal director for the Northwest Immigrant Rights Project. "Any notion of justice or fair play requires that these children be provided legal representation."
The complaint is available at:
aclu.org/immigrants-rights/jefm-v-holder-complaint
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Warning of 'Unprecedented Risks,' Scientists Say Mirror Bacteria 'Should Not Be Created'
"Our analysis suggests that mirror bacteria could broadly evade many immune defenses of humans, animals, and plants," according to a group of 38 scientists, including multiple Nobel Prize winners.
Dec 13, 2024
Dozens of scientists are calling in no uncertain terms for a halt on research to create "mirror life," particularly "mirror bacteria" that could "pose ecological risks" and possibly cause "pervasive lethal infections in a substantial fraction of the plant and animal species, including humans."
The group of 38 scientists, who include Nobel laureates and other experts, addressed research into "mirror life"—mirror-image biological molecules—in a piece of commentary published in the journal Science published Friday, which accompanied a technical report that was released earlier in December.
One of the scientists, synthetic biologist Kate Adamala at the University of Minnesota, was working on creating a mirror cell but "changed track last year" after studying the risks, according to the Guardian.
"We should not be making mirror life," she told the outlet. "We have time for the conversation. And that's what we were trying to do with this paper, to start a global conversation."
To that end, the authors of the commentary plan to convene discussions on the risks of mirror life and related topics in 2025, with the hope that "society at large will take a responsible approach to managing a technology that might pose unprecedented risks."
The ability to create mirror life is likely over a decade away and would require sizable investment and technical progress, meaning the world has the opportunity to "preempt risks before they are realized," according to the scientists.
When broken down into simple terms, mirror life sounds like something out of science fiction. All the biomolecules that constitute life have a "handedness" to them—"right-handed" nucleotides make up DNA and RNA, and proteins are formed from "left-handed" amino acids.
"So when we're talking about mirror-image life, it's kind of like a 'what if' experiment: What if we constructed life with right-handed proteins instead of left-handed proteins? Something that would be very, very similar to natural life, but doesn't exist in nature. We call this mirror-image life or mirror life," explained to Michael Kay, a professor of biochemistry at University of Utah's medical school.
Some scientists like Kay are interested in the medical possibilities of mirror-image therapeutics—which Kay says holds potential for treating chronic illness in a more cost-effective way—but both he and the authors of the recently published commentary are concerned about the potential threats posed by mirror bacteria.
"Our analysis suggests that mirror bacteria could broadly evade many immune defenses of humans, animals, and plants. Chiral interactions, which are central to immune recognition and activation in multicellular organisms, would be impaired with mirror bacteria," according to the scientists.
Essentially, as Kay puts it, it’s unlikely that mirror bacteria would be subject to the same constraints as regular bacteria, such as the human immune system or antibiotics.
The scientists warn that further developing this research could open a Pandora's box: "Unless compelling evidence emerges that mirror life would not pose extraordinary dangers, we believe that mirror bacteria and other mirror organisms, even those with engineered biocontainment measures, should not be created."
The authors argue that scientific research with the goal of creating mirror bacteria should not be allowed, and that potential funders should not support work related to mirror bacteria.
Keep ReadingShow Less
In Wake of Killing, UnitedHealth CEO Admits 'No One Would Design a System Like the One We Have'
One critic said UnitedHealth Group chief executive Andrew Witty should "resign and then dedicate every dollar he has to dismantling the current system brick by brick and building one based on public health in its stead."
Dec 13, 2024
UnitedHealth Group CEO Andrew Witty wrote in a New York Times op-ed Friday that the for-profit U.S. healthcare system "does not work as well as it should" and that "no one would design a system like the one we have," admissions that came as his industry faced a torrent of public anger following the murder of UnitedHealthcare's chief executive.
Witty declared that his firm, the parent company of UnitedHealthcare and the nation's largest private insurer, is "willing to partner with anyone, as we always have—healthcare providers, employers, patients, pharmaceutical companies, governments, and others—to find ways to deliver high-quality care and lower costs."
But critics didn't buy Witty's expressed commitment to reforming an industry that his company has helped shape and profited from massively. Witty was the highest-paid healthcare executive in the U.S. last year, and 40% of the private insurance industry's total profit since the passage of the Affordable Care Act has flowed to UnitedHealth Group.
"It is (barely) true that UnitedHealth didn't design the U.S. system of corporate insurance, which kills tens of thousands of people a year through denial of care," Alex Lawson, executive director of the progressive advocacy group Social Security Works, told Common Dreams. "But they certainly have perfected it and turned it into a medical murder apparatus at industrial scale. They not only block all attempts to change the system in the direction of public health, they bribe and bully with their billions in blood money to make it even crueler."
"Andrew Witty is the high priest of the temple to Moloch and Mammon, murder and money," Lawson added. "And there is no way for him to wash his hands of it, except perhaps to resign and then dedicate every dollar he has to dismantling the current system brick by brick and building one based on public health in its stead."
"Medicare for All is the only proposal on the table capable of delivering universal, continuous coverage for everyone, while also securing the efficiency and savings only possible through the elimination of private insurance."
While publicly pledging to cooperate with reform efforts, Witty has defended his company's care denials in private and urged his employees not to engage with media outlets in the aftermath of Thompson's murder.
Contrary to Witty's depiction of his company in his Times op-ed, UnitedHealth has historically been an aggressive opponent of reform efforts aimed at mitigating the harms of for-profit insurance and building public alternatives. The Leverreported in 2021 that UnitedHealth Group "held a webinar to pressure its rank-and-file employees to mobilize against efforts in Connecticut to create a state-level public health insurance option."
At the national level, UnitedHealth has spent over $5.8 million this year lobbying the federal government, according to OpenSecrets.
Witty, who was born in a country with a public healthcare system, did not detail the kinds of reforms he would support in his op-ed Friday, but it's clear he would oppose a transition to a single-payer system such as Medicare for All, which would effectively abolish private health insurance and provide coverage to all Americans for free at the point of service—and at a lower total cost than the status quo.
In a column for The Nation on Friday, writer Natalie Shure argued that "the appalling amount of resources and energy we put into maintaining the existence of health insurance is wasted on an industry with no social value whatsoever."
"You could eliminate every one of these corporations tomorrow and build a system without them that works better, for less money, and with less hassle," Shure wrote. "Other countries already have systems like this. Medicare for All is the only proposal on the table capable of delivering universal, continuous coverage for everyone, while also securing the efficiency and savings only possible through the elimination of private insurance."
"None of that means that murder is justified or useful," Shure added. "But anger can be. Some politicians, from Bernie Sanders, to Elizabeth Warren, to Alexandria Ocasio-Cortez, have begun to make public statements ascribing the reaction to Brian Thompson's murder to widespread fury over the health insurance industry. The next step is to harness it, and to build something new."
Keep ReadingShow Less
Why Can't We Fund Universal Public Goods? Blame the Tax-Dodging Billionaire Nepo Babies
"In 2024, these billionaire families used their enormous wealth to make record-breaking political contributions to secure a GOP trifecta," reads a new report.
Dec 13, 2024
The children of the richest families in the U.S. are well-known for spending their vast wealth on frivolous luxuries—constructing a replica of a medieval church on their acres of property, in the case of banking heir Timothy Mellon, or starting a brand of T-shirts described by one critic as "terrible beyond your wildest imagination," as Wyatt Koch, nephew of Republican megadonors Charles and David, did.
But a report released by Americans for Tax Fairness (ATF) on Thursday shows how "billionaire nepo babies" don't just waste their families' fortunes. They also benefit from "a rigged system" that allows them to "pass that wealth down over generations without being properly taxed–often without being taxed at all."
In addition, the heirs of the country's biggest fortunes spend vast sums "to elect politicians who protect their unearned wealth and manipulate the country's economy in their favor," said ATF.
Along with Mellon and Koch, the report profiles Samuel Logan of the Scripps media dynasty; Nicola Peltz-Beckham, daughter of billionaire investor Nelson Peltz; Gabrielle Rubenstein, whose family has made its fortune in private equity; and President-elect Donald Trump's son, Eric Trump.
The nepo babies are part of a small group of billionaire families in the U.S. who benefit from tax loopholes that ensure little of their immense wealth ever goes to benefit the public good.
At least 90 billionaires have passed away over the last decade, leaving their beneficiaries $455 billion in collective wealth.
But according to ATF, "$255 billion (56%) of that amount was likely entirely exempt from the capital gains tax because of a special break called 'stepped up basis.'"
"Trump and his allies in Congress are doing their donors' bidding by rigging the system in their favor and pushing a $4 trillion giveaway to wealthy elites and giant corporations."
Without loopholes included the stepped up basis tax cut, the current estate tax on billionaires and centimillionaires would yield enough revenue to fund universal childcare, preschool, and paid family leave for U.S. workers, with hundreds of billions of dollars left over, according to ATF's report.
The wealthy heirs profiled in the report and their families are some of the Republican Party's top donors—contributing hundreds of millions of dollars to candidates including Trump in the hopes of securing even more tax cuts.
Mellon, for example, is Trump's "biggest supporter, giving $140 million to a pro-Trump PAC in 2024 alone," reads the report.
A previous analysis by ATF found that as of late October, just 150 billionaire families had spent $1.9 billion on the 2024 elections.
As the Center for American Progress found earlier this year, Trump's plan to extend the tax cuts that he pushed through in 2017 would cost $4 trillion over the next decade.
"The vast wealth inherited by centuries-old billionaire families is staggering. While these heirs and their billions go undertaxed, enormous sums are squandered on lavish mansions, private jets, and vanity projects instead of funding crucial public investments," said ATF executive director David Kass. "In 2024, these billionaire families used their enormous wealth to make record-breaking political contributions to secure a GOP trifecta. Now, Trump and his allies in Congress are doing their donors' bidding by rigging the system in their favor and pushing a $4 trillion giveaway to wealthy elites and giant corporations—all while advocating for cuts to vital programs that working and middle-class Americans depend on."
The report calls for Congress to pass "proven, pragmatic proposals to unrig the tax system that enjoy high levels of popular support," such as the Ultra Millionaire Tax Act that was proposed by Sen. Elizabeth Warren (D-Mass.) and Reps. Pramila Jayapal (D-Wash.) and Brendan Boyle (D-Pa.) this year. The bill would tax fortunes between $50 million and $1 billion at 2% and wealth above $1 billion at $1 billion.
The small tax on enormous wealth would generate "a whopping $3 trillion over 10 years," said ATF.
The estate tax could also be "restored so that it can play a meaningful role in promoting fairness and equal opportunities" through the passage of the For the 99.5% Act, which was introduced in 2023 by Sen. Bernie Sanders (I-Vt.) and Rep. Jimmy Gomez (D-Calif.).
Under the bill, the estate tax exemption would be lowered to $7 million per couple and the current 40% flat rate would be replaced with a sliding scale that would charge higher rates as a family's wealth grows.
"None of these tax reforms would impoverish the ultra wealthy, nor even inconvenience them in any meaningful way–but they would reduce the concentration of wealth that is so corrosive to society," reads the report. "At the same time, they would raise trillions of dollars that could be used to reduce inequality and improve the lives of families that can only dream of the kind of security and opportunity enjoyed by the nation’s richest clans."
"And if rich families ever did need to tighten their belts a bit to pay their taxes," the report continues, "the economizing might begin by reducing the flow of money funding the extravagant lifestyles of America's Billionaire Nepo Babies."
Keep ReadingShow Less
Most Popular