Updates
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- Originally published, May 28, 4:05 pm.
- May 29, 9:40 am:
- California Republicans who think the ‘sanctuary state’ is a winning issue may be in for a disappointment.[1] (Unauthorized migrants)
- May 30, 12:07 pm:
- Pursuant to California Supreme Court ruling imposing strict limits on companies’ use of “independent contractor” status to avoid labor protections, notably including minimum wage,[2] San Francisco has subpoenaed Uber and Lyft for proof that drivers who picked up or dropped off in the city were not employees.[3] I am in the class of drivers City Attorney Dennis Herrera is seeking information on. I do not know if he is similarly pursuing the city’s taxi companies who also rely on the “independent contractor” scam. (Ridesharing)
- CNN has a story on the allegedly missing Unauthorized migrants children.[4]
- May 30, 4:25 pm:
- I think I’ve said this here before, but a long time ago my mother, a now-retired journalist, explained to me that it’s the obstruction that gets them, referring to powerful miscreants who might escape prosecution for underlying crimes but fall prey to prosecutors on obstruction of justice charges. She was right when she said it and her admonition sure as hell looks to be right in reference to the Robert Mueller investigation as it emerges that Donald Trump tried to persuade Jeff Sessions to “unrecuse” himself.[5] (James Comey)
- May 31, 8:08 am:
- Donald Trump now claims he did not fire James Comey over the Russia investigation.[6] I am reminded of Muhammad Ali’s line, “Float like a butterfly sting like a bee – his hands can’t hit what his eyes can’t see.”[7] Why? Because this is so transparently an effort to do just that, and so ridiculously and pathetically a failure to do it.
- May 31, 10:28 am:
- June 1, 12:35 am:
- Higher education advocates delivered burrito bowls in protest[10] of California Governor Jerry Brown’s suggestion that universities should be more like Chipotle Mexican food restaurants.[11] (California universities)
- I’ve been saying for years that the single most effective thing one can do for the environment is to go vegan. A new, comprehensive study confirms this to be the case.[12] (Plant-based lifestyles)
Unauthorized migrants
One of the more truly sickening stories that’s just been too much for me to bear has been on the Trump administration’s decision to separate parents from children when they cross the border in violation of the law.[13] This story became especially horrifying when it emerged that the Department of Homeland Security had lost track of something like 1500 children.[14] Rumors spread like wildfire—and were accepted as truth—that these children had been sold to human traffickers, a fear that presumably stems from an incident that occurred during the Obama presidency.[15] I am reproducing here a long Twitter thread that I would prefer were in the form of a sanely citable article:
Now that we’re all on twitter because of this game, I am making a public service announcement: PLEASE STOP SHARING THAT STORY ABOUT 1500 KIDS MISSING. The outrage I’ve seen is a result of a total misinterpretation and could SERIOUSLY threaten the children you want to save.
— josie duffy rice (@jduffyrice) May 28, 2018
Before I get into it, I’ll answer the question 99 million ppl will inevitably ask: I know this because I’m a lawyer, i works on criminal justice issues (sometimes incl immigration), and 4 of my closest friends are immigration attorneys dealing with this EXACT THING
— josie duffy rice (@jduffyrice) May 28, 2018
There are two things going on. 1) HHS doesn’t know where 1500 unaccompanied minors are. 2) we are separating parents and children at the border.
— josie duffy rice (@jduffyrice) May 28, 2018
Please note, in the following, Josie Rice means ‘alone’ not ‘alien.’ She blames autocorrect.
These are different. The kids in 1) were not separated from their parents at the border. They crossed the border alien or arrived here without a parent.
— josie duffy rice (@jduffyrice) May 28, 2018
That’s not really the point I want to make though, though it is important.
— josie duffy rice (@jduffyrice) May 28, 2018
These kids were dealt with by ORR, the office of refugee resettlement. They were released into the care of people that almost always fit within one of these three categories:
— josie duffy rice (@jduffyrice) May 28, 2018
1) immediate family 2) extended family 3) other people that the child has a pre-existing relationship with. If none of those categories apply, then the kids normally stay in a shelter.
— josie duffy rice (@jduffyrice) May 28, 2018
For background on the following tweet, see this story from the Washington Post.
(After a number of children were trafficked in 2014, these restrictions got tighter.)
— josie duffy rice (@jduffyrice) May 28, 2018
So those kids are released and then they are no longer ORRs responsibility or problem. THIS IS A GOOD THING.
— josie duffy rice (@jduffyrice) May 28, 2018
One analogy I heard from my dear friend who I won’t tag without her permission, is that ORR is basically a jailer. Do you want the jail keeping track of where every former inmate is?
— josie duffy rice (@jduffyrice) May 28, 2018
Now I have more to say about that but before we do that, let’s talk about the word missing. Basically by all accounts HHS did a cursory reach out to check on these kids, and couldn’t find out where they were exactly.
— josie duffy rice (@jduffyrice) May 28, 2018
When I say cursory I mean cursory. We’re talking about phone calls. Phone calls!! Like, no door knocks. No checking school records. They called. They didn’t find answers.
— josie duffy rice (@jduffyrice) May 28, 2018
There are so many reasons people wouldn’t answer. Maybe these kids are living with someone undocumented. Maybe they aren’t but their sponsor is (legitimately) completely scared of immigration authorities in trumps America.
— josie duffy rice (@jduffyrice) May 28, 2018
They aren’t missing! They are almost certainly living with family members who almost certainly don’t want to interact with the government and WE SHOULDNT ASK THEM TO
— josie duffy rice (@jduffyrice) May 28, 2018
ORR’s job is NOT to track and monitor these kids and it shouldn’t be. As my friend said, if there were an issue – abuse, or other wrongdoing – it should go through the appropriate agency: children’s services or what have you. It SHOULDNT GO THROUGH HHS/ORR OR DHS/ICE
— josie duffy rice (@jduffyrice) May 28, 2018
When your school loans provider can’t reach you, are you missing? No. When your boss can’t find you on a Friday night, are you missing? No. They aren’t missing. Some unanswered phone calls does not a missing child make.
— josie duffy rice (@jduffyrice) May 28, 2018
Now, I started out identifying two things that were happening. The second – the separation of children and their parents at the border – is goddamn unconscionable and sickening.
— josie duffy rice (@jduffyrice) May 28, 2018
But DO NOT confuse the two. The potential for it backfiring is real. What we’re demanding is that ORR, which works hand in hand with ICE, “keep better track” of kids they basically would like to deport if giving the chance. We don’t want that!!!
— josie duffy rice (@jduffyrice) May 28, 2018
You’re asking immigration authorities in TRUMPS AMERICA to BETTER MONITOR UNDOCUMENTED CHILDREN AND THEIR FAMILIES. You don’t want this. I promise you don’t.
— josie duffy rice (@jduffyrice) May 28, 2018
I get it. It sounds awful. But at WORST it’s benign. At best, it’s a good thing that ORR doesn’t know where these kids are. There’s a reason. We actually now have pretty strict requirements before we release these kids. They aren’t all being trafficked. They aren’t dead.
— josie duffy rice (@jduffyrice) May 28, 2018
It doesn’t mean life is easy, but life won’t be easier if ORR starts tracking them. Trust me. And trust my brilliant friends who know about this shit and have warned me and are now warning you. DONT conflate the two things.
— josie duffy rice (@jduffyrice) May 28, 2018
AND because some people are obviously taking this as an opportunity to exonerate the president – NO. Trumps immigration policy is disgusting. His separation of kids and parents at the border is SICKENING. He’s a tyrant. Just don’t conflate them.
— josie duffy rice (@jduffyrice) May 28, 2018
Man oh man I forget that at least 50 percent of people on twitter refuse to learn basic reading comprehension. Tonight should be fun!
— josie duffy rice (@jduffyrice) May 28, 2018
Also it says “alien” up there where it should say “alone” cool, autocorrect
— josie duffy rice (@jduffyrice) May 28, 2018
okay this blew up so let me say a little bit more to try to clarify some questions i’m seeing.
— josie duffy rice (@jduffyrice) May 28, 2018
1) ORR has exclusive jurisdiction over unaccompanied minors (UACs). they are not under ICE’s jurisdiction. ICE may apprehend them but then they are given to ORR.
— josie duffy rice (@jduffyrice) May 28, 2018
2) ORR is under Health and Human Services not Department of Homeland Security because the idea was that UACs are a vulnerable population and we don’t want them under ICE’s purview because, as we know, ICE is full of evil people.
— josie duffy rice (@jduffyrice) May 28, 2018
3) Traditionally, information given to ORR was NOT shared with ICE. Because authorities realized that these kids would never be able to get a sponsor (90% of the time the sponsor is a family member) if ORR threatened that person with deportation.
— josie duffy rice (@jduffyrice) May 28, 2018
But that’s been changing under Trump, as I’m sure no one is surprised to know. And as of May 13th, ICE and ORR are working together officially now. The govt released a Memorandum of Agreement about it. Thanks to my bad ass friends I have the PDF but can’t find it online. Anyone?
— josie duffy rice (@jduffyrice) May 28, 2018
Anyway, what this means is that if a kid is under ORR’s care and needs a sponsor, ICE will now run background checks on that sponsor.
— josie duffy rice (@jduffyrice) May 28, 2018
So if you’re undocumented and your aunt is undocumented, she now basically can’t sponsor you because the minute she tries, she’ll be placed in removal proceedings.
— josie duffy rice (@jduffyrice) May 28, 2018
also, kids in ORR custody can essentially stay detained indefinitely. NYCLU – including one of my aforementioned amazing friends – has brought some cases about this. https://t.co/jsJBynagK5
— josie duffy rice (@jduffyrice) May 28, 2018
AND I saw a few responses saying that ORR isn’t like jail because the kids aren’t facing deportation/removal. But this is false. Kids come to ORR through ICE. ICE orders them to appear for removal hearings within a few months of them being in ORR custody.
— josie duffy rice (@jduffyrice) May 28, 2018
From here the thread goes into conversation, where Rice’s admonition “that at least 50 percent of people on twitter refuse to learn basic reading comprehension” applies. Typographical errors in the above are hers—the only way to correct these on Twitter is by deleting and reposting the tweet, which fucks up a thread.
Leila Miller, “HHS Official Says Agency Lost Track of Nearly 1,500 Unaccompanied Minors,” Public Broadcasting System, April 26, 2018, https://www.pbs.org/wgbh/frontline/article/hhs-official-says-agency-lost-track-of-nearly-1500-unaccompanied-minors/
Tal Kopan, “New DHS policy could separate families caught crossing the border illegally,” CNN, May 7, 2018, https://www.cnn.com/2018/05/07/politics/illegal-immigration-border-prosecutions-families-separated/index.html
Tal Kopan, “DHS secretary defends separating families at the border,” CNN, May 15, 2018, https://www.cnn.com/2018/05/15/politics/dhs-separating-families-secretary-nielsen-hearing/index.html
Dakin Andone, “US lost track of 1,500 immigrant children, but says it’s not ‘legally responsible,'” CNN, May 27, 2018, https://www.cnn.com/2018/05/26/politics/hhs-lost-track-1500-immigrant-children/index.html
Taryn Luna, “Is ‘sanctuary state’ the best political issue for the GOP in years? Not in California, experts warn,” Sacramento Bee, May 29, 2018, http://www.sacbee.com/news/politics-government/capitol-alert/article211445449.html
A. J. Willingham, “Here’s what’s really happening with the 1,500 ‘missing’ immigrant children,” CNN, May 29, 2018, https://www.cnn.com/2018/05/29/us/immigration-refugee-child-missing-hhs-obama-photo-trnd/index.html
Sonoma County wildfires
It’s important to point out that CalFire’s findings are not about the Sonoma County wildfires but rather about other Northern California wildfires.[16] Similar allegations have been made against PG&E in the Sonoma County wildfires[17] and I continue to see advertising for legal help for victims that targets the company.
Taryn Luna, “PG&E responsible for three Northern California wildfires, Cal Fire alleges,” Sacramento Bee, May 25, 2018, http://www.sacbee.com/latest-news/article211958659.html
Julian Assange
Jim Sciutto and Jenna McLaughlin, “Assange’s refuge in Ecuadorian embassy ‘in jeopardy,'” CNN, May 25, 2018, https://www.cnn.com/2018/05/24/politics/julian-assange-ecuador-embassy-jeopardy/index.html
North Korea
As I keep saying, follow deeds, not words.
Zack Beauchamp, “The real reason Trump’s North Korea summit failed,” Vox, May 24, 2018, https://www.vox.com/world/2018/5/24/17389896/trump-cancelsth-korea-summit-kim-jong-un
California universities
Jerry Brown is a disgusting idiotic hypocrite who certainly got better than the education he advocates here.[18]
Alexei Koseff, “Be more like Chipotle, Jerry Brown tells California universities,” Sacramento Bee, May 24, 2018, http://www.sacbee.com/news/politics-government/capitol-alert/article211828544.html
Ridesharing
City Attorney of San Francisco, “Herrera investigates Uber, Lyft over driver pay and benefits,” PR Newswire, May 29, 2018, https://www.prnewswire.com/news-releases/herrera-investigates-uber-lyft-over-driver-pay-and-benefits-300655892.html
Bryan Menegus, “San Francisco Subpoenas Uber and Lyft for Proof Drivers Aren’t Employees,” Gizmodo, May 29, 2018, https://gizmodo.com/san-francisco-subpoenas-uber-and-lyft-for-proof-drivers-1826398148
Heather Somerville, “San Francisco subpoenas Uber, Lyft on driver classification,” Reuters, May 29, 2018, https://www.reuters.com/article/us-ridehailing-sanfrancisco/san-francisco-subpoenas-uber-lyft-on-driver-classification-idUSKCN1IU2IX
James Comey
Aaron Blake, “Robert Mueller’s obstruction of justice probe is bigger than we realized,” Washington Post, May 30, 2018, https://www.washingtonpost.com/news/the-fix/wp/2018/05/30/the-trump-obstruction-of-justice-probe-is-bigger-than-we-realized/
Jordan Fabian, “Trump claims he did not fire Comey over Russia,” Hill, May 31, 2018, http://thehill.com/homenews/administration/390015-trump-claims-he-did-not-fire-comey-over-russia
John Wagner, “Trump again insists Russia probe was not the reason he fired Comey, despite previous comments to the contrary,” Washington Post, May 31, 2018, https://www.washingtonpost.com/politics/trump-again-insists-russia-probe-was-not-the-reason-he-fired-comey-despite-previous-comments-to-the-contrary/2018/05/31/03ae6444-64ca-11e8-a768-ed043e33f1dc_story.html
Plant-based lifestyles
Damian Carrington, “Avoiding meat and dairy is ‘single biggest way’ to reduce your impact on Earth,” Guardian, May 31, 2018, https://www.theguardian.com/environment/2018/may/31/avoiding-meat-and-dairy-is-single-biggest-way-to-reduce-your-impact-on-earth
- [1]Taryn Luna, “Is ‘sanctuary state’ the best political issue for the GOP in years? Not in California, experts warn,” Sacramento Bee, May 29, 2018, http://www.sacbee.com/news/politics-government/capitol-alert/article211445449.html↩
- [2]Lydia DePillis, “California ruling puts pressure on Uber, Lyft and other gig economy employers,” CNN, May 1, 2018,http://money.cnn.com/2018/05/01/news/economy/california-gig-employer-ruling/index.html↩
- [3]City Attorney of San Francisco, “Herrera investigates Uber, Lyft over driver pay and benefits,” PR Newswire, May 29, 2018, https://www.prnewswire.com/news-releases/herrera-investigates-uber-lyft-over-driver-pay-and-benefits-300655892.html; Bryan Menegus, “San Francisco Subpoenas Uber and Lyft for Proof Drivers Aren’t Employees,” Gizmodo, May 29, 2018, https://gizmodo.com/san-francisco-subpoenas-uber-and-lyft-for-proof-drivers-1826398148; Heather Somerville, “San Francisco subpoenas Uber, Lyft on driver classification,” Reuters, May 29, 2018, https://www.reuters.com/article/us-ridehailing-sanfrancisco/san-francisco-subpoenas-uber-lyft-on-driver-classification-idUSKCN1IU2IX↩
- [4]A. J. Willingham, “Here’s what’s really happening with the 1,500 ‘missing’ immigrant children,” CNN, May 29, 2018, https://www.cnn.com/2018/05/29/us/immigration-refugee-child-missing-hhs-obama-photo-trnd/index.html↩
- [5]Aaron Blake, “Robert Mueller’s obstruction of justice probe is bigger than we realized,” Washington Post, May 30, 2018, https://www.washingtonpost.com/news/the-fix/wp/2018/05/30/the-trump-obstruction-of-justice-probe-is-bigger-than-we-realized/↩
- [6]Jordan Fabian, “Trump claims he did not fire Comey over Russia,” Hill, May 31, 2018, http://thehill.com/homenews/administration/390015-trump-claims-he-did-not-fire-comey-over-russia↩
- [7]Muhammad Ali, quoted in Chris Johnston, “Muhammad Ali’s best quotes: ‘Float like a butterfly, sting like a bee,'” Guardian, June 4, 2016, https://www.theguardian.com/sport/2016/jun/04/muhammad-ali-greatest-quotes-sting-butterfly-louisville-lip↩
- [8]Jordan Fabian, “Trump claims he did not fire Comey over Russia,” Hill, May 31, 2018, http://thehill.com/homenews/administration/390015-trump-claims-he-did-not-fire-comey-over-russia↩
- [9]John Wagner, “Trump again insists Russia probe was not the reason he fired Comey, despite previous comments to the contrary,” Washington Post, May 31, 2018, https://www.washingtonpost.com/politics/trump-again-insists-russia-probe-was-not-the-reason-he-fired-comey-despite-previous-comments-to-the-contrary/2018/05/31/03ae6444-64ca-11e8-a768-ed043e33f1dc_story.html↩
- [10]Alexei Koseff, “Burrito bowls for Jerry Brown: ‘It’s insulting’ to compare UC to Chipotle, advocates say,” Sacramento Bee, May 31, 2018, http://www.sacbee.com/news/politics-government/capitol-alert/article212284659.html↩
- [11]Alexei Koseff, “Be more like Chipotle, Jerry Brown tells California universities,” Sacramento Bee, May 24, 2018, http://www.sacbee.com/news/politics-government/capitol-alert/article211828544.html↩
- [12]Damian Carrington, “Avoiding meat and dairy is ‘single biggest way’ to reduce your impact on Earth,” Guardian, May 31, 2018, https://www.theguardian.com/environment/2018/may/31/avoiding-meat-and-dairy-is-single-biggest-way-to-reduce-your-impact-on-earth↩
- [13]Tal Kopan, “New DHS policy could separate families caught crossing the border illegally,” CNN, May 7, 2018, https://www.cnn.com/2018/05/07/politics/illegal-immigration-border-prosecutions-families-separated/index.html; Tal Kopan, “DHS secretary defends separating families at the border,” CNN, May 15, 2018, https://www.cnn.com/2018/05/15/politics/dhs-separating-families-secretary-nielsen-hearing/index.html↩
- [14]Dakin Andone, “US lost track of 1,500 immigrant children, but says it’s not ‘legally responsible,'” CNN, May 27, 2018, https://www.cnn.com/2018/05/26/politics/hhs-lost-track-1500-immigrant-children/index.html; Leila Miller, “HHS Official Says Agency Lost Track of Nearly 1,500 Unaccompanied Minors,” Public Broadcasting System, April 26, 2018, https://www.pbs.org/wgbh/frontline/article/hhs-official-says-agency-lost-track-of-nearly-1500-unaccompanied-minors/↩
- [15]Abbie VanSickle, “Obama administration placed children with human traffickers, report says,” Washington Post, January 28, 2016, https://www.washingtonpost.com/national/obama-administration-placed-children-with-human-traffickers-report-says/2016/01/28/39465050-c542-11e5-9693-933a4d31bcc8_story.html↩
- [16]Taryn Luna, “PG&E responsible for three Northern California wildfires, Cal Fire alleges,” Sacramento Bee, May 25, 2018, http://www.sacbee.com/latest-news/article211958659.html↩
- [17]Paul Payne and Mary Callahan, “Santa Rosa couple sues PG&E over Sonoma County fires,” Santa Rosa Press Democrat, October 18, 2017, http://www.pressdemocrat.com/news/7535529-181/santa-rosa-couple-sues-pge↩
- [18]Alexei Koseff, “Be more like Chipotle, Jerry Brown tells California universities,” Sacramento Bee, May 24, 2018, http://www.sacbee.com/news/politics-government/capitol-alert/article211828544.html↩