July, 23 2015, 02:00pm EDT

Government Reform Organizations Unveil Democracy Agenda for Next President
WASHINGTON
U.S. PIRG joined 11 other leading government reform organizations today to release a comprehensive policy agenda to curb the impact of big money and amplify the voices of everyday Americans in our democracy. Under the reform agenda, the Citizens United decision would be overturned, more candidates could rely on small donors instead of Super PACs and mega-donors to fund their campaigns, political donations and spending would become more transparent, and candidates would no longer be able to skirt contribution limits through coordination with outside groups.
The document calls for the next President of the United States to commit to making this reform agenda a national priority from Day One in office.
"With the 2016 money primary in full swing as candidates from both parties court the donors with the deepest pockets, Americans of all political stripes are ready for reform - now more than ever," said Dan Smith, U.S. PIRG's Democracy Campaign Director and a contributor to the policy agenda. "The next President of the United States needs to make these reforms a centerpiece of their agenda from Day One."
The "Fighting Big Money, Empowering People" Agenda is based on five core principles of democracy:
- Everyone participates
- Everyone's voice is heard
- Everyone knows who is trying to influence our views and our representatives
- Everyone plays by fair, commonsense rules
- Everyone is held accountable, with enforceable penalties to deter bad behavior
Key policies of the agenda include:
- Encouraging and amplifying the voices of everyday Americans through legislation to match small contributions with public funds for candidates who turn down big money, and tax credits for small contributions to encourage more Americans to participate.
- Robust, real-time disclosure of political contributions and expenditures through legislation and executive action, including an executive order requiring federal contractors to disclose political spending, should President Obama fail to act.
- Overturning Citizens United and related cases through the Democracy for All constitutional amendment.
- Ending the mockery of existing campaign finance rules through legislation preventing coordination between candidates and outside groups that can receive unlimited contributions from big donors, and robust enforcement of current laws.
Recent public opinion polls showing that an overwhelming majority of Americans feel that their voices are being drowned out by big donors, and that our system is in need of sweeping reform. A New York Times/CBS poll found that 85 percent of Americans think the system for funding campaigns needs "fundamental changes" or that "we need to totally rebuild it." A recent Wall Street Journal/NBC survey found that the political influence of corporations and the wealthy is a top concern for voters in the 2016 election.
The release of this agenda also comes on the heels of efforts to enact similar reforms by states and localities across the country:
- Last fall, the County Council in Montgomery County, Maryland enacted a program to amplify the voices of small donors and enable candidates to rely on everyday citizens to fund their campaigns instead of big donors.
- In February, nearly 80 percent of Chicago voters approved an advisory ballot measure calling on the city council to create a small donor empowerment program.
- In Seattle, 32,000 residents signed a petition to qualify the Honest Elections Seattle initiative for the ballot in 2015.
- More than 85,000 Mainers signed a petition to qualify a ballot measure for 2015 to restore the state's clean elections law and shine a light on dark money.
- In Montana, Democratic Governor Steve Bullock signed into law a dark money disclosure bill passed by a Republican-controlled legislature
In addition to U.S. PIRG, the groups signed onto the agenda include: Brennan Center for Justice, Common Cause, Democracy 21, Democracy Matters, Demos, Every Voice, Issue One, Mayday, People for the American Way, Public Citizen, and Represent.Us.
"For the next President, words won't be enough to rise to the occasion. Strong action is required to ensure that every American, regardless of how deep their pockets are, has an equal voice in our elections," said Smith.
Click here for a copy of "Fighting Big Money, Empowering People: A 21st Century Democracy Agenda."
U.S. PIRG, the federation of state Public Interest Research Groups (PIRGs), stands up to powerful special interests on behalf of the American public, working to win concrete results for our health and our well-being. With a strong network of researchers, advocates, organizers and students in state capitols across the country, we take on the special interests on issues, such as product safety,political corruption, prescription drugs and voting rights,where these interests stand in the way of reform and progress.
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ICE's 'Frightening' Facial Recognition App is Scanning US Citizens Without Their Consent
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Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."
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Two federal judges have said the Trump administration cannot use the government shutdown to suspend food assistance for 42 million Americans. But hours into Saturday, when payments were due to be disbursed, President Donald Trump appears to be defying the ruling, potentially leaving millions unable to afford this month's grocery bills.
A pair of federal judges in Massachusetts and Rhode Island ruled Friday that the Department of Agriculture's (USDA) freeze on benefits from the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, was unlawful and that the department must use money from a contingency fund of $6 billion to pay for at least a portion of the roughly $8 billion meant to be disbursed this month.
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McConnell added: “There is no doubt, and it is beyond argument, that irreparable harm will begin to occur if it hasn’t already occurred in the terror it has caused some people about the availability of funding for food for their family."
SNAP benefits are available to people whose monthly incomes fall below 130% of the federal poverty line. More than 1 in 8 Americans rely on the program, and 39% of them are children. According to USDA research, cited by the Washington Post, those who receive SNAP benefits rely on it for 63% of their groceries, with the poorest, who make below 50% of the poverty line, relying on it for as much as 80%.
McConnell shot down the administration's contention that the contingency funds may be needed for some other hypothetical emergency in the future, saying "It’s clear that when compared to the millions of people that will go without funds for food versus the agency’s desire not to use contingency funds in case there’s a hurricane need, the balances of those equities clearly goes on the side of ensuring that people are fed."
While the judge in Massachusetts, Indira Talwani, ruled that Trump merely had to use the contingency funds to fund as much of the program as possible, McConnell went further, saying that in addition, they had to tap other sources of funding to disburse benefits in full, and do so "as soon as possible." Both judges gave the administration until Monday to provide updates on how it planned to follow the ruling.
However, after the ruling on Friday, Trump insisted on social media that "government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two courts have issued conflicting opinions on what we can and cannot do."
He added: "I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible."
Attorney and activist Miles Mogulescu pointed out in Common Dreams that, "until a few days ago, even the Trump administration agreed that these funds should be used to continue SNAP funding during the shutdown."
On September 30, the day before the shutdown began, the USDA posted a 55-page "Lapse of Funding" plan to its website, which plainly stated that if the government were to shut down, "the department will continue operations related to... core nutrition safety net programs.”
But this week, USDA abruptly deleted the file and posted a new memo that concocted a new legal reality out of whole cloth, stating that “due to Congressional Democrats’ refusal to pass a clean continuing resolution (CR), approximately 42 million individuals will not receive SNAP benefits come November 1st.”
As Mogulescu notes: "The new memo cited absolutely no law supporting its position. Instead, it made up a rule claiming that the 'contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exist.'"
Sharon Parrott, the president of the Center on Budget and Policy Priorities, who previously served as an official in the White House Office of Management, said last week that it's "unequivocally false" that the administration's hands are tied.
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She added: "The administration itself admits these reserves are available for use. It could have, and should have, taken steps weeks ago to be ready to use these funds. Instead, it may choose not to use them in an effort to gain political advantage."
In hopes of pressuring Democrats to abandon their demands that Congress extend a critical Affordable Care Act tax credit and prevent health insurance premiums from skyrocketing for more than 20 million Americans, Republicans have sought to use the shutdown to inflict maximum pain on voters.
Trump has attempted to carry out mass layoffs of government workers, which have been halted by a federal judge. Meanwhile, his director of the Office of Management and Budget, Russell Vought, has stripped funding from energy and transportation infrastructure projects aimed at blue states and cities.
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Siding with Democratic and civil liberties groups that sued the administration over Trump's March edict mandating a US passport, REAL ID-compliant document, military identification, or similar proof in order to register to vote in federal elections, Senior US District Judge for the District of Columbia Colleen Kollar-Kotelly found the directive to be an unconstitutional violation of the separation of powers.
“Because our Constitution assigns responsibility for election regulation to the states and to Congress, this court holds that the president lacks the authority to direct such changes," Kollar-Kotelly, an appointee of former President Bill Clinton, wrote in her 81-page ruling.
"The Constitution addresses two types of power over federal elections: First, the power to determine who is qualified to vote, and second, the power to regulate federal election procedures," she continued. "In both spheres, the Constitution vests authority first in the states. In matters of election procedures, the Constitution assigns Congress the power to preempt State regulations."
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"The president doesn't have the authority to change election procedures just because he wants to."
"The court upheld what we've long known: The president doesn't have the authority to change election procedures just because he wants to," the ACLU said on social media.
Sophia Lin Lakin of the ACLU, a plaintiff in the case, welcomed the decision as “a clear victory for our democracy."
"President Trump’s attempt to impose a documentary proof of citizenship requirement on the federal voter registration form is an unconstitutional power grab," she added.
Campaign Legal Center president Trevor Potter said in a statement: "This federal court ruling reaffirms that no president has the authority to control our election systems and processes. The Constitution gives the states and Congress—not the president—the responsibility and authority to regulate our elections."
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