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Kate Fried, Food & Water Watch, (202) 683-4905, kfried@fwwatch.org
Today, the national advocacy organization Food & Water Watch released an analysis of USDA records documenting the impact of long-standing vacancies in the ranks of USDA meat and poultry inspectors. This release comes just hours before officials from USDA's Food Safety and Inspection Service (FSIS) are due to discuss their budget request for FY2016 before the House Agriculture Appropriations subcommittee.
Today, the national advocacy organization Food & Water Watch released an analysis of USDA records documenting the impact of long-standing vacancies in the ranks of USDA meat and poultry inspectors. This release comes just hours before officials from USDA's Food Safety and Inspection Service (FSIS) are due to discuss their budget request for FY2016 before the House Agriculture Appropriations subcommittee. These records, obtained through the Freedom of Information Act, document the number of inspection tasks that were not performed and the most common reasons why over a two-year period, revealing that for meat and poultry, inadequate staffing and turn around times were often to blame.
The documents show that half of the FSIS districts were running double-digit vacancy rates for permanent full time FSIS inspectors for most of FY 2014, and that the number of inspection procedures performed by FSIS inspectors has also declined over the past four years. According to the enforcement reports published by the agency, in FY 2010, 8,048,068 inspection verification procedures were performed. Yet in FY 2014 under the new Public Health Information System (PHIS), that had dropped to 6,795,731 inspection verification procedures - a 15.6 percent decrease. The number of non-compliance reports issued under PHIS decreased by 14 percent when comparing the same two time periods.
"Consumers are at risk thanks to the Obama's administration's decision to starve the FSIS inspection program, which has led to violations of the continuous inspection mandate," said Wenonah Hauter, executive director of Food & Water Watch. "This data confirms what we and inspectors have been saying to the USDA for several years now - long-term inspector shortages are putting consumers at risk."
The shortages of USDA inspection personnel are tied directly to a hiring restriction policy adopted in 2012 in anticipation of a controversial rule that would radically change the manner in which poultry is inspected. The hiring policy capped the number of permanent federal inspectors. Any vacancies that have developed were to have been filled with "temporary" inspectors who could be terminated when the new rule was finalized. The "temporary" inspector-hiring program has not achieved its goals and has left most parts of the country short of USDA inspectors. Under the new rule, the role of federal inspectors in poultry plants is reduced, turning those responsibilities over to the companies to police themselves. Moreover, problems with the controversial PHIS have further exacerbated the inability of inspectors to complete their assignments.
Today's analysis follows multiple efforts by Food & Water Watch to alert USDA to this problem. Rather than addressing the shortages, agency leadership has tried to deny the existence of shortages or downplay their impact.
"USDA's data tells the story--inspector shortages mean that some meat and poultry products are not being adequately inspected," said Hauter. "It is time for Congress and USDA make sure that meat and poultry inspection get the necessary resources to provide continuous government inspection of meat and poultry products."
Read the backgrounder here.
Chart 1: Frequency of "not performed" task codes listed in PHIS by establishment number, June 2012 through July 2014. Full list of not performed tasks available on request.
Chart 2: The top thirty plants listed for select categories of "not performed" codes, June 2012 through July 2014.
Chart 3: Summary of FSIS tables on inspector shortages for FY 2014. Full set of tables received from FSIS available on request.
Food & Water Watch works to ensure the food, water and fish we consume is safe, accessible and sustainable. So we can all enjoy and trust in what we eat and drink, we help people take charge of where their food comes from, keep clean, affordable, public tap water flowing freely to our homes, protect the environmental quality of oceans, force government to do its job protecting citizens, and educate about the importance of keeping shared resources under public control
Food & Water Watch mobilizes regular people to build political power to move bold and uncompromised solutions to the most pressing food, water, and climate problems of our time. We work to protect people's health, communities, and democracy from the growing destructive power of the most powerful economic interests.
(202) 683-2500"These types of abusive subpoenas are designed to intimidate and sow fear of government retaliation," said a lawyer for the ACLU.
The Department of Homeland Security is using a little-known legal power to surveil and intimidate critics of the Trump administration, according to a harrowing report published Tuesday by the Washington Post.
Experts told the Post that DHS annually issues thousands of "administrative subpoenas," which allow federal agencies to request massive amounts of personal information from third parties—like technology companies and banks—without an order from a judge or a grand jury, and completely unbeknownst to the people whose privacy is being invaded.
As the Post found, even sending a politely critical email to a government official can be enough to have someone's entire life brought under the microscope.
That is what Jon, a 67-year-old retiree living in Philadelphia, who has been a US citizen for nearly three decades, found out after he sent a short email urging a DHS prosecutor, Joseph Dernbach, to reconsider an attempt to deport an Afghan asylum seeker who faced the threat of being killed by the Taliban if he was forced to return to his home country.
In the email, Jon warned Dernbach not to "play Russian roulette" with the man's life and implored him to “apply principles of common sense and decency.”
Just five hours after he sent the email, Jon received a message from Google stating that DHS had used a "subpoena" to request information about his account. Google gave him seven days to respond to the subpoena, but did not provide him with a copy of the document; instead, it told him to request one from DHS.
From there, he was sent on “a maddening, hourslong circuit of answering machines, dead numbers, and uninterested attendants,” which yielded no answers.
Within weeks of sending the email, a pair of DHS agents visited Jon's home and asked him to explain it. They told Jon that his email had not clearly broken any law, but that the DHS prosecutor may have felt threatened by his use of the phrase "Russian Roulette" and his mention of the Taliban.
Days later, after weeks of hitting a wall, Google finally sent Jon a copy of the subpoena only after the company was contacted by a Post reporter. It was then that Jon learned the breadth of what DHS had requested:
Among their demands, which they wanted dating back to Sept. 1: the day, time, and duration of all his online sessions; every associated IP and physical address; a list of each service he used; any alternate usernames and email addresses; the date he opened his account; his credit card, driver’s license, and Social Security numbers.
Google also informed him that it had not yet responded to the subpoena, though the company did not explain why.
But this is unusual. Google and other companies, including Meta, Microsoft, and Amazon, told the Post that they nearly always comply with administrative subpoenas unless they are barred from doing so.
With the ACLU's help, Jon filed a motion in court on Monday to challenge the subpoena issued to Google.
"In a democracy, contacting your government about things you feel strongly about is a fundamental right," Jon said. "I exercised that right to urge my government to take this man's life seriously. For that, I am being investigated, intimidated, and targeted. I hope that by standing up for my rights and sharing my story, others will know what to do when these abusive subpoenas and investigations come knocking on their door."
As the Trump administration uses DHS and other agencies to compile secret watchlists and databases of protesters for surveillance, targets people for deportation based solely on political speech, and asserts its authority to raid residences without a judicial warrant, administrative subpoenas appear to be another weapon in its arsenal against free speech and civil rights.
According to “transparency reports” reviewed by the Post, Google and Meta both received a record number of administrative subpoenas during the first six months of the second Trump administration. In several instances, they have been used to target protesters or other dissidents for First Amendment-protected activity:
In March, Homeland Security issued two administrative subpoenas to Columbia University for information on a student it sought to deport after she took part in pro-Palestinian protests. In July, the agency demanded broad employment records from Harvard University with what the school’s attorneys described as “unprecedented administrative subpoenas.” In September, Homeland Security used one to try to identify Instagram users who posted about [US Immigration and Customs Enforcement] raids in Los Angeles. Last month, the agency used another to demand detailed personal information about some 7,000 workers in a Minnesota health system whose staff had protested Immigration and Customs Enforcement’s intrusion into one of its hospitals.
“These types of abusive subpoenas are designed to intimidate and sow fear of government retaliation," said Stephen A. Loney, a senior supervising attorney for the ACLU of Pennsylvania. "If you can’t criticize a government official without the worry of having your private records gathered and agents knocking on your door, then your First Amendment rights start to feel less guaranteed. They want to bully companies into handing over our data and to chill users’ speech. This is unacceptable in a democratic society.”
"You don’t see evidence of gang association," said one legal expert. "It just feels like a dirtying up of the defendant."
After a US Border Patrol Agent shot two Venezuelan immigrants in Portland, Oregon in January, the Department of Homeland Security claimed that the two victims were "vicious Tren de Aragua gang members" who "weaponized their vehicle" against federal agents, who had no choice but to open fire in self-defense.
However, court records obtained by the Guardian reveal that a Department of Justice prosecutor subsequently told a judge the government was "not suggesting" that one of the victims, Luis Niño-Moncada, was a gang member.
The Guardian also obtained an FBI affidavit contradicting DHS claims about the second victim, Yorlenys Zambrano-Contreras, being "involved" in a shooting in Portland last year, when in reality she was a "reported victim of sexual assault and robbery."
Attorneys representing Niño-Moncada and Zambrano-Contreras, who both survived the shooting and were subsequently hospitalized, told the Guardian that neither of them have any prior criminal convictions.
Legal experts who spoke with the Guardian about the shooting said it appeared that DHS was waging a "smear campaign" against the victims.
Sergio Perez, a civil rights lawyer and former US prosecutor, noted in an interview that prosecutors filed criminal charges against Niño-Moncada and Zambrano-Contreras just two days after they were shot, even before it had obtained crucial video evidence of the incident.
"This government needs to go back to the practice of slow and thorough investigations," he told the Guardian, "rather than what we consistently see in immigration enforcement activities—which is a rush to smear individuals."
Carley Palmer, a former federal prosecutor, told the Guardian that the court records obtained by the paper don't show DOJ presenting any of the usual evidence that prosecutors use to establish defendants' alleged gang membership.
"What’s interesting about the filings is that you don’t see evidence of gang association," said Palmer. "It just feels like a dirtying up of the defendant."
DHS in recent months has made a number of claims about people who have been shot or killed by federal immigration officers that have not held up to scrutiny.
Most recently, Homeland Security Secretary Kristi Noem claimed that slain Minneapolis intensive care nurse Alex Pretti was a "domestic terrorist" intent on inflicting "maximum damage" on federal agents, when video clearly showed that Pretti was swarmed by multiple federal agents and was disarmed before two agents opened fire and killed him.
Noem also openly lied about the circumstances and actions that resulted in the shooting death of Renee Nicole Good by a federal agent weeks earlier.
In November, federal prosecutors abruptly dropped charges against Marimar Martinez, a woman who was shot multiple times by a US Border Patrol agent in October in Chicago’s Brighton Park neighborhood.
In the indictment filed against Martinez, prosecutors said that the Border Patrol agent who shot her had been acting in self-defense, and that he had only opened fire after Martinez’s car collided with his vehicle.
However, uncovered text messages showed the Border Patrol agent apparently bragging about shooting Martinez, as he boasted that he “fired five rounds and she had seven holes” in a message sent to fellow agents.
An attorney representing Martinez also claimed that he had seen body camera footage that directly undermined DHS claims about how the shooting unfolded.
No explanation was provided for why charges against Martinez were dropped.
"For Haitian TPS holders and their families, this decision provides immediate relief from the fear of family separation, job loss, and forced return to life-threatening conditions in Haiti."
Haitian refugees living in the United States with temporary protected status were given a reprieve Monday night when a federal judge blocked an order by the Trump administration to strip them of their TPS—an effort that many feared would lead to an immediate intensification of efforts to target such communities with the same heavy-handed tactics seen by federal agents in Minnesota, Maine, and elsewhere.
US District Judge Ana Reyes in Washington granted a request to pause the TPS termination for Haitians while a lawsuit challenging the order issued by Secretary of Homeland Security Kristi Noem in November proceeds.
The termination of TPS for Haitian nationals was set for Tuesday, but Reyes's 83-page order stated that it "shall be null, void, and of no legal effect."
Rose-Thamar Joseph, the operations director of the Haitian Support Center in Springfield, Ohio—which has a large Haitian community that has been the target of racist and xenophobic attacks from President Donald Trump, Vice President JD Vance, and their allies—said the judge's ruling means "we can breathe for a little bit."
The residents of Springfield and surrounding areas have been anxious that their community would be the next target for Trump's aggressive deportation tactics. The legal challenge to the termination of TPS for Haitians alleges that the secretary acted with "animus," as evidenced by repeated public remarks from Noem and other administration officials.
Reyes, in her ruling, determined that the suit stands a good chance of winning on the merits, writing: “The mismatch between what the secretary said in the termination and what the evidence shows confirms that the termination of Haiti’s TPS designation was not the product of reasoned decision-making, but of a preordained outcome justified by pretextual reasons."
Jerome Bazard, a member of the First Haitian Evangelical Church of Springfield, told NPR that life in Haiti remains too dangerous for many in his community to return.
"They can't go to Haiti because it's not safe," Bazard said. "Without the TPS, they can't work. And if they can't work, they can't eat, they can't pay bills. You're killing the people."
The sense of relief was felt beyond Ohio, as people from Haiti living with TPS status live in communities across the US.
Tessa Petit, executive director of the Florida Immigrant Coalition and a native of Haiti, said the ruling is a welcome development for the approximately 330,000-350,000 people living in the country with TPS, which allows them to work and pay taxes. In her ruling, Reyes noted that Haitians with TPS generate $5.2 billion annually in tax revenue.
"For Haitian TPS holders and their families, this decision provides immediate relief from the fear of family separation, job loss, and forced return to life-threatening conditions in Haiti," said Petit, "where political instability, gang violence, and humanitarian collapse remain acute. No one should be deported into crisis, and today’s ruling affirms that the law cannot be twisted to justify cruelty.”
“Today’s ruling is a victory for the roughly 350,000 Haitian TPS holders whose status was set to expire tomorrow,” said Sen. Ed Markey (D-Mass). “By providing a safe haven to those who cannot return home safely, TPS embodies the American promise as a land of freedom and refuge. Haitian TPS holders are deeply rooted in our Massachusetts communities—from Mattapan to Brockton. They are our friends, our family members, our neighbors, our colleagues. I will keep fighting to protect the Haitian community.”
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, said that even though Monday's ruling is sure to be appealed by the Trump administration, it arrives as a "huge" win.
With the order, he said, "350,000 people can breathe a sigh of relief and go to work or school tomorrow without suddenly having been rendered 'illegal' and forced to either go back into danger or risk being rounded up by ICE agents on the street."