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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.

Erin Fitzgerald, Press Secretary at Earthjustice
Robert Valencia, Spanish Language Media Strategist at Earthjustice
Late Tuesday night, 500 unaccompanied children in immigration custody were brought to Fort Bliss, a highly contaminated and potentially hazardous military base in El Paso, TX. Fort Bliss was among several military sites under consideration by the Biden Administration to process and house unaccompanied children who have migrated to the United States, some of whom had been forcibly separated from their families under the previous administration. Fort Bliss has the capacity to hold up to 7,500 children, with up to another 4,000 beds for people in custody at a family residential center.
Many military bases in the United States are known to be riddled with toxic hazards from past military operations, spills, storage of toxic chemicals, unexploded ordnances, and firing ranges. Currently, 130 military bases and installations are considered priority Superfund sites by the Environmental Protection Agency. There are currently 651 Department of Defense and National Guard sites potentially contaminated by toxic chemicals known as PFAS, short for per- and polyfluoroalkyl substances. PFAS don't easily break down, and they can persist in your body and in the environment for decades.
"We are extremely concerned to hear of plans to detain immigrant children in Fort Bliss. Military bases filled with contaminated sites are no place for the healthy development of any child," said Melissa Legge, an attorney at Earthjustice. "We recognize that the humanitarian situation at the border needs to be addressed in humanity, compassion and expediency. Part of that requires keeping children away from toxic military sites. While we are hopeful that the Biden administration will keep children safe, we remain vigilant and ready to continue protecting detained minors in toxic facilities. Immigrant children under the care of the federal government should not be in cages, let alone toxic sites in military bases."
Several of the military sites under consideration are contaminated with potentially hazardous pollutants and some are even located on or near Superfund sites. Superfund sites under consideration for housing children in immigration custody include the Homestead Detention Facility in Homestead, FL, Moffett Field in Mountain View, CA, and Joint Base San Antonio in Texas. Many of the sites remain inadequately remediated and still contaminated. Without proper environmental reviews, there is no way to guarantee these sites are safe for children, potentially exposing them to toxic chemicals that could have lifelong health impacts.
Fort Bliss is no exception. Earthjustice, along with partners including Alianza Nacional de Campesinas and the National Hispanic Medical Association, released hundreds of documents of searchable documents and an expert analysis of previous plans for construction of a temporary detention center for children and families at Fort Bliss. These records document several problems with the project, including that the Army did not adequately investigate to determine what types of waste had been disposed of at the site, that the methods used for testing the soil samples were inadequate or never completed, and that samples taken after the supposed clean-up still had concerning levels of pollution. Additionally, illegal dumping on the site may continue to this day. As a result, there is now even greater uncertainty about the environmental hazards at the site and a greater need for thorough testing, analysis, and cleanup.
"We are deeply concerned about the decision to open temporary detention facilities for minors at Fort Bliss and the potential health risks to the minors detained in tents there," said Elena Rios, MD, President & CEO of the National Hispanic Medical Association, a client in Earthjustice's 2018 FOIA lawsuit regarding the base. "Based on what we found in our Fort Bliss investigation in 2018, there are still present toxins from past landfills, which means children could be forcibly exposed to toxicity linked to cancer and development defects."
The Biden administration has the opportunity to change course after decades of failed immigration policies. The United States government has shown flagrant disregard for the health of those in custody, most recently including forced sterilization, the use of industrial chemical disinfectants at other migrant detention facilities, and uncontrolled outbreaks of COVID-19. These ongoing failures have created conditions that make it impossible to keep those in custody safe, and we are therefore calling for the immediate halt of any plans to place children in such unsafe facilities, the securing of safe and suitable housing for children while they are required to remain in the care of the Department of Health and Human Services, and the development of solutions that do not involve placing children on or near toxic sites, military sites, or in detention-like settings.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
800-584-6460"Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?" asked Sen. Bernie Sanders.
US Sen. Bernie Sanders on Sunday implored his Democratic colleagues in Congress not to cave to President Donald Trump and Republicans in the ongoing government shutdown fight, warning that doing so would hasten the country's descent into authoritarianism.
In an op-ed for The Guardian, Sanders (I-Vt.) called Trump a "schoolyard bully" and argued that "anyone who thinks surrendering to him now will lead to better outcomes and cooperation in the future does not understand how a power-hungry demagogue operates."
"This is a man who threatens to arrest and jail his political opponents, deploys the US military into Democratic cities, and allows masked Immigration and Customs Enforcement agents to pick people up off the streets and throw them into vans without due process," Sanders wrote. "He has sued virtually every major media outlet because he does not tolerate criticism, has extorted funds from law firms and is withholding federal funding from states that voted against him."
If Democrats capitulate, Sanders warned, Trump "will utilize his victory to accelerate his movement toward authoritarianism."
"At a time when he already has no regard for our democratic system of checks and balances," the senator wrote, "he will be emboldened to continue decimating programs that protect elderly people, children, the sick and the poor while giving more tax breaks and other benefits to his fellow oligarchs."
Sanders' op-ed came as the shutdown continued with no end in sight, with Democrats standing by their demand for an extension of Affordable Care Act (ACA) tax credits as a necessary condition for any government funding deal. Republicans have so far refused to negotiate on the ACA subsidies even as health insurance premiums skyrocket nationwide.
The Trump administration, meanwhile, is illegally withholding Supplemental Nutrition Assistance Program (SNAP) funding from tens of millions of Americans—including millions of children—despite court rulings ordering him to release the money.
In a "60 Minutes" interview that aired Sunday, Trump again urged Republicans to nuke the 60-vote filibuster in the Senate to remove the need for Democratic support to reopen the government and advance other elements of their agenda unilaterally. Under the status quo, Republicans need the support of at least seven Democratic senators to advance a government funding package.
"The Republicans have to get tougher," Trump said. "If we end the filibuster, we can do exactly what we want. We're not going to lose power."
Congressional Democrats have faced some pressure from allies, most notably the head of the American Federation of Government Employees (AFGE), to cut a deal with Republicans to end the shutdown and alleviate the suffering it has inflicted on federal workers and many others.
But Democrats appear unmoved by the AFGE president's demand, and other labor leaders have since voiced support for the minority party's effort to secure an extension of ACA subsidies.
"We're urging our Democratic friends to hold the line," said Jaime Contreras, executive vice president of the 185,000-member Service Employees International Union Local 32BJ.
In his op-ed on Sunday, Sanders asked, "Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?"
"If the Democrats cave now, it would be a betrayal of the millions of Americans who have fought and died for democracy and our Constitution," the senator wrote. "It would be a sellout of a working class that is struggling to survive in very difficult economic times. Democrats in Congress are the last remaining opposition to Trump's quest for absolute power. To surrender now would be an historic tragedy for our country, something that history will not look kindly upon."
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."