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#a bill was put forward that would make it illegal for the government to prohibit landlords from not accepting section 8 vouchers
postnuclearwar · 7 months
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We had advocacy day today for school, where we go see the state senate and house in session, and lemme tell you if you ever want to lose hope for your fellow man that is definitely the place to go
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troger · 4 years
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the atlantic: This is your last free article.
me: *shares the fuck out of it*
Trump Has Justified Breaking One of America’s Most Sacred Norms
The tradition of granting post-term immunity from prosecution to those who leave the White House now comes at too great a cost.
12:33 PM ET
Paul Rosenzweig
Principal at Red Branch Consulting
In the 240 years since America’s founding, no former president has been indicted for criminal conduct. This isn’t because they were angels—far from it. And it isn’t because post-term indictment is not legally allowed. Instead, it is because Americans don’t like the idea of criminalizing politics. Both parties and the public see the prospect of post-term immunity as a guarantee that the country’s politics will remain civil and that power will transition peacefully from one party to the other. That is what drove President Gerald Ford to pardon Richard Nixon. And it’s one reason why the Office of the Independent Counsel decided not to indict former President Bill Clinton.
The presidency of Donald J. Trump has upended those calculations, and the resistance to post-term investigation may now come at too great a cost. When he leaves office, whether in January or four years later, the next administration or one of the states can and should investigate citizen Donald Trump—a former president whose legal status will be no different from that of any other American. The risk of politicization of such an investigation is far outweighed by the danger posed by failing to uphold our nation’s values. To protect future presidents from retributive investigations once they leave office, however, any investigation should be limited to Trump’s conduct before and after his presidency, not his behavior while he was president. If the findings of such an investigation justify it, prosecutors should indict the former president for violations of criminal law.
I come to this view reluctantly. The risks in the approach are both real and substantial. But after having served as a prosecutor in the Department of Justice, as a senior counsel in the Whitewater investigation of Clinton, and as a Bush appointee at the Department of Homeland Security, I’ve come to recognize that challenging, balanced judgments of the sort necessary today are sometimes forced on us by circumstances beyond our control. Hard choices do, sometimes, make bad law, but they cannot always be avoided. To decline to investigate Trump’s alleged criminality after he has left office is itself a choice—and it’s the wrong one.
The biggest danger of countenancing the investigation of ex-presidents is also the most obvious: an ever-escalating cycle of retribution. One can easily imagine a losing president resisting the call to leave the White House at least in part because he feared subsequent prosecution, or a winning president prosecuting her opponents over normal political differences. Indicting one former president risks making a habit of doing so, and reducing America to little more than a revolving-door banana republic. That’s why, for example, former Attorney General Eric Holder has reacted with grave concern to calls for Trump’s post-presidency prosecution. As Holder might put it—with substantial justification—if you thought “Lock her up” was the wrong thing to say about Hillary Clinton, you shouldn’t support a “Lock him up” perspective on Trump.
But a reluctance to prosecute does not mean there should be a prohibition against doing so. The idea of absolute presidential impunity from prosecution for all time and for all actions is just a re-instantiation of the kingly prerogative—“The king can do no wrong”—that was one of several reasons America had a revolution. Should a president who committed murder before his election that was only discovered once he was in office be immune from prosecution after impeachment and removal? Surely not.
And yet the promise not to prosecute after a term ends is part of the price we pay for the routine peaceful transition of power. One can readily imagine, for example, the violent reaction of some presidential supporters to even the hint of a possible criminal investigation.
This is true even in normal times, but it is all the more true during periods of deep political hostility. The prosecution of Trump after he leaves office, as the conservative journalist Jonathan V. Last recently wrote in his newsletter, The Triad, is of secondary importance to the more important value of preserving the nation: “Buttressing the rule of law today won’t matter if we descend into widespread, open civic unrest that undermines the legitimacy of the political system itself. That would be a generational, ongoing crisis. And once the toothpaste is all the way out of that tube, then there is no going back until the people who have decided to be against the system die off.” That’s a pretty grim prospect, and if that were the choice, it might be wise to buy civil peace with the coin of prosecutorial deferral.
But is that the standard we aspire to? Do we think so little of our civil society that we set rules of behavior based on fear of mob rule? America is often said to be a nation of ideals, not of cultural groups. It exists as a collection of aspirational principles—equality of opportunity, freedom of expression, and, ultimately, the rule of law. If we discard those ideas to save the nation, have we actually saved the nation? If we truly believe in those principles, then, without prejudging the result, it would be a dereliction of duty for the next president—or for any state with cause to investigate—to refrain from examining the potentially illegal actions of former President Trump just because of his previous title. As Teddy Roosevelt famously said, “No man [should be] above the law and no man [should be] below it; nor do we ask any man’s permission when we ask him to obey it.” To categorically say otherwise is to undermine the foundation of American democracy.
A post-term investigation would be on solid legal footing. Post-term immunity is fundamentally inconsistent with the ground that is offered by the Department of Justice for immunity from prosecution while a president is serving. The DOJ has long been of the view that sitting presidents cannot be criminally charged. It justifies that position in two ways.
First, it looks to practical questions of implementation. The DOJ has argued, broadly, that the possibility of an indictment and criminal prosecution of a sitting president would “undermine the capacity of the executive branch to perform its constitutionally assigned functions.” It is difficult, they say, to imagine a president running a government while sitting in jail. While other, lesser officials have successfully continued in office from prison (the example of James Michael Curley, who served as the mayor of Boston while in prison for mail fraud, springs to mind), it is not unreasonable to think that doing so would be impossible for the president of the United States.
In addition to the practical difficulties created by a requirement for the president’s physical presence at a trial or in jail, the DOJ has relied on the intangible but significant effects that an indictment and trial could have on presidential power. As Nixon’s DOJ put it in a memorandum prepared in 1973, “The President is the symbolic head of the Nation. To wound him by a criminal proceeding is to hamstring the operation of the whole governmental apparatus, both in foreign and domestic affairs.”
Notably, for our purposes, both the analysis and the import of the DOJ’s views are limited to a time when the president is still in office. After the president’s term is over, there is no longer the practical problem of running a government. Nor are there the same sorts of intangible effects on presidential symbolism; he is, after all, no longer the “head of the Nation.”
All of this is precisely why the DOJ has long justified its term-based immunity argument by contending that a president would be subject to prosecution “after he left office” (albeit while noting the possibility that a lapse in the statute of limitations might create a gap in criminality). In other words, in the department’s view, it is the office itself that commands the immunity, not the person. It would be strange and ironic if the argument for immunity during a term of office were somehow converted into a prohibition on post-term indictment as well.
Quinta Jurecic and Benjamin Wittes: How to corrupt the Justice Department
It is likely that even the DOJ would argue against this sort of impunity. To do so would be, in effect, to recant much of what they said in 1973 and later repeated in 2000, with respect to Bill Clinton. As a formal matter, no legal barrier to post-term indictment exists.
Thus the ultimate question is not whether a former president can be investigated but whether one should be. What is best for our country? How can the country uphold the rule of law and the idea that no one is above the law, without driving itself into civil discord and risking fatal polarization?
There are no easy answers here. The best one can offer is a discretionary judgment that has some convincing rationale and offers a plausible way forward. In my view, the outlines of this are clear: It would be too great an affront to law for a president to have perpetual immunity. At the same time, the risks of polarization from criminalizing decisions that were made by the president during the course of a presidency is substantial. Alternatives, such as impeachment and loss of an election, exist that can address those wrongs.
Hence, let us try to thread the needle: Forgo the prospect of prosecution for actions undertaken while in office, but recognize that crimes a president commits while a regular citizen should not be excused just because he or she has served as the president of the United States.
This is not, by any means, a perfect solution. In our parade of horribles, there might be edge cases of conduct that occurred while the president was in office that would be so egregious we would want them to be criminally addressed. If, say, a hypothetical future president committed murder while in office, we would hope that a post-term prosecution for that offense would be permissible.
This example suggests that a ban on temporally based prosecution may be too broad and would, if strictly interpreted, revive the kingly prerogative against which we rebelled. On the other hand, any bright-line temporal rule that we adopt as a prudential matter has the virtue of being easy to administer and of avoiding post-term disputes about the level of egregiousness necessary for certain conduct to be prosecuted.
As a theoretical matter, the discretionary policy of not prosecuting an ex-president for acts committed while in office (especially those involving even tangentially the execution of his official duties) would have to yield in extreme cases. And while we cannot, with precision, define what those extreme cases might be, one hopes we would know them when we saw them.
Thankfully, we have yet to confront this degree of egregious behavior. For now, it is sufficient to articulate a general rule: A president should not be prosecuted after he leaves office for actions that occurred while he was the head of state, but he should remain subject to investigation for actions that occurred before or after his term.
To say anything else would be an affront. The powerful should be held to account. For society to function, all Americans must believe that crime doesn’t pay and that everyone is equal before the law. To avoid strife, we may exempt a president from criminal investigation for his political actions (however heinous and criminal they may be), but if we go further, and extend to him the kingly prerogative of impunity for his lifetime, we go a long way to destroying the faith in the rule of law that undergirds democracy.
With those concerns somewhat resolved, how do we decide whether to investigate former President Trump?
In many ways, the investigation of an ex-president should be no different from that of anyone else. As in other cases, a prosecutor would conduct interviews, subpoena documents, serve search warrants, convene a grand jury, and, in the end, if appropriate, ask the grand jury to return an indictment. There may be plea agreements, or trials, and then convictions, appeals, and, ultimately, perhaps, a prison sentence.
Kevin Wack: American justice isn’t impartial anymore
In that context, a prosecutor would typically ask two interrelated questions: First, is there sufficient admissible evidence of criminality that could sustain a conviction on the crimes to be charged? If not, the prosecutor should let the matter drop.
In Trump’s case, it seems clear that multiple credible criminal investigations are warranted. While not all of them may prove well grounded, the existing public record of well-documented allegations of criminal misconduct provides plentiful predication for opening an inquiry. This record includes but is not limited to a New York Times investigation that has described potential tax and mortgage fraud by Trump and the Trump organization; a narrower investigation of a series of transactions in the run-up to the 2016 election that has suggested the possibility of both tax fraud and campaign-finance fraud; a claim in Bloomberg that Trump may have committed insurance fraud; the uncovering of evidence by ProPublica of Trump’s alleged mortgage and tax fraud; the allegations of Trump’s niece, Mary Trump, that the Trump family committed fraud in the probate of her father’s will; and multiple alleged incidents of sexual assault (to the extent not barred by a statute of limitations).
There are other investigations for which there is likewise predication, but that, as a matter of prudence, we ought to forgo because they involve actions the president took while in office. For example, more than 1,000 prosecutors have concluded that the Mueller report uncovered ample evidence of Trump’s criminal obstruction of justice, and, additionally, former Trump staffers have reported the president’s corrupt offer of a pardon for illegal conduct that advanced his political interests.
One cannot, of course, know what an investigation of the allegations of pre-term criminal conduct might ultimately uncover (and, indeed, at least one, and possibly three, investigations are ongoing). But were Trump just an average citizen, there would be a basis to open up an inquiry into his behavior.
Which brings us to the second question: If prosecutors (at least those in the federal system, with which I am more familiar) conclude that there is sufficient evidence to prosecute, they will ask if reasons of public policy exist that suggest that the prosecution should not be brought. Typical reasons might be that it’s a small enough infraction that it’s not worth their time, that they don’t have enough resources, or that the prosecution won’t have any deterrence value.
The Principles of Federal Prosecution are intended to guide prosecutors in the exercise of their discretion, and offers nine (admittedly flexible) factors for assessment and consideration.
The first of these, which asks what the current federal priorities are, is not specific to any individual. It allows, for example, for an administration to say that it is focusing on drug crimes or for another to devote resources to fighting child pornography or white-collar crime.
The remaining factors, however, deal with the specifics of the offense and the nature of the defendant. How serious is the crime? How culpable is the accused in the scheme, and what is his role? What is his criminal history? And, more generally, what would be the deterrent value of the prosecution?
Here, it is fair to say that any balance we can strike at this stage, before all the facts are known, strongly suggests that an investigation of former President Trump would be consistent with these principles and that they would not bar an investigation of his conduct were he just a typical citizen. Trump’s pre-term conduct (if it is proved) would indicate a long-standing scheme of fraud (akin to that perpetrated by Bernie Madoff, for example) and significant financial abuse—exactly that sort of pattern of conduct and severity of offense that, in normal cases, would demand the investment of federal resources. If Americans are to have any confidence in the concept of the rule of law and equality before the law, and if the Principles of Federal Prosecution are to be applied in a neutral manner, the same result must obtain here.
Focusing exclusively on potentially illegal conduct that occurs outside the presidency is unlikely to solve the problems that lie ahead. Trump’s supporters will not be mollified by the distinction. And leaving unaddressed criminal activity that occurred during the presidential term may be too high a price to pay. But this sort of uncomfortable compromise is the only way to maintain accountability for crimes without making political differences a criminal offense. At least, I hope that is so.
The real shame, of course, is that we even have to contemplate this issue at all. Three times in the past half century, Americans have had to ask whether a president should be prosecuted after he leaves office. Perhaps the better solution would be to be more careful in the person we elect.
PAUL ROSENZWEIG is a principal at Red Branch Consulting. Twenty years ago, he served as a senior counsel in the investigation of President Bill Clinton.
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freelancesumandas · 5 years
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Duties that you owe to your spouse in marriage
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Divorce Lawyer in Houston: A lot of prospective clients that come in for a free consultation with one of the licensed family law attorneys with the Law Office of Bryan Fagan, PLLC will do so with questions about their marriage. These folks are not necessarily looking to file for divorce but want to know whether or not an expectation that he or she has regarding their spouse specifically and marriage generally is valid. If you are a person who finds yourself wondering if something your spouse said or a family member told you about marriage is accurate then you ought to stick around and see if one of today’s subtopics on this subject correlates to your particular situation.
Do you have to work if you are married in Texas?
What if, after you’ve taken your vows of marriage, your spouse suddenly refuses to go to work one morning. More days pass by and your spouse tells you that she will not be returning to work- possibly for good. To that point you had been a stay at home spouse taking care of the home and all of the responsibilities that come along with it. That was the understanding that you and your spouse had before you got married as well. Now, you have been married for a significant amount of time and that decision has been forced upon you.
A question you may be asking is: can you force your spouse to go back to work? As in, can you file a lawsuit against your spouse and ask a judge to force your spouse back into the workforce? After all- your spouse told you that she would be the primary income earner in your marriage. Now that promise has been broken. What are your rights in regard to that promise?
If you and your spouse are married, living together and not filing for divorce then a judge cannot force either one of you to get a job to support the other. If you are familiar with family law courts and family lawsuits, then you know that the friends and neighbors that we have in our community do more than enough to keep these judges busy on any given day. The last thing a judge will want to do is weigh in on a private, family matter that does not relate to a law contained in the Texas Family Code.
What about after a divorce- can a court force you to work in that situation?
A court cannot mandate that you find a job outside of your home after a divorce. However, it can make it virtually certain that you do so. In situations where it is determined by the judge that you owe a duty to your ex-spouse to support him or her for a period of time after the marriage then you may be essentially forced into working in order to pay spousal maintenance. The consequences for the failure to pay the ordered amount of spousal maintenance on a monthly basis could be being found in contempt of court. Fines, penalties and jail time come along with this particular finding of a court.
Can you sue your spouse independent of a divorce lawsuit?
Yes you and your spouse can sue one another for various causes of action. If you and your spouse have engaged in a financial transaction of some sort where one of you operated in bad faith then either of you may sue the other. Many times you can utilize this sort of premise as a “fault” that led to your divorce. The end result of citing a specific fault ground for your divorce may be that you are able to convince a judge to award you a disproportionate (greater than 50% share) of the community estate in your divorce.
If your divorce goes to trial will you be able to potentially testify against your spouse?
Houston Divorce Lawyer: Some folks are under the impression that there is still a law on the books that prohibits one spouse from testifying against the other spouse regarding communications that they made to one another during their marriage. This is no longer the case, however. It is common for spouses to testify against one another in conjunction with their divorce cases in today’s legal world. This is also true in most instances where you or your spouse have filed a lawsuit against the other that is not in conjunction with a divorce.
What if you are not married to the person that you are living with? Can you create a property agreement with that person that is enforceable in court?
Many people are involved romantically with a partner with whom he or she is not married. There are various statistics out there that will tell you that this is a more common form of cohabitation than cohabiting with your spouse, at least in the United States. The law does not treat unmarried persons living together as being married. For instance, the laws of community property in Texas would not apply to you and your partner unless you qualify as being common law married. That is a topic for another blog post, however, and for the sake of clarity and brevity we will assume moving forward that you and your partner are not married- common law or otherwise.
However, if you and your partner are willing, you can enter into an agreement regarding property that can be enforceable in a courtroom. This is a type of contract that would be governed in many ways by general contract law rather than the laws regarding the family. If you and your partner choose to agree on what bills you or your partner will pay or what share of certain property each of you own relative to the other person then a Texas court will find that to be an enforceable agreement in most circumstances.
Keep in mind that the general guidelines that I gave in yesterday’s blog post on premarital agreements would typically hold true in a situation involving you and your unmarried partner. It is always best for both of you to have an attorney advising you and to have that agreement put in writing. An oral contract may be enforceable but it is going to take time, money, and lawyering to have a court see it that way. There must be sufficient consideration for the agreement to be held to be valid. That means both sides but give and take in the agreement.
What about an exchange of the home for support in an unmarried relationship? Will this be held to be valid by a court?
From my experience and to my knowledge it is unlikely that a court would find this to be a valid agreement that is enforceable. You probably won’t be able to get a promise like this from your partner in writing. Usually this type of promise is also based on your relationship continuing. Fairly vague, oral promises like this are unlikely to be enforced by a court barring other circumstances that I couldn’t take into account in a blog post.
The other consideration I would want you to take in is the age old bargain of “financial support in exchange for sexual relations.” In my opinion it would not be a stretch for a court to assume that this was the sort of agreement that you and your partner hatched together. The look and the feel of it is close to something that is illegal. Even if this was not your intent, a court could easily read this into your situation and declare the agreement void.
All told, if you and your partner contract an exchange of property that has a specific, tangible value to it that is usually the basis for an enforceable agreement. Once you get into a situation where you are asking your spouse to pay you for an intangible, hard to quantify or value service then you get into the zone of unenforceability.
Money and Marriage- tomorrow’s blog post topic
Spring Divorce Lawyer: Please come on back to our blog tomorrow as we discuss the popular topic of money and marriage. If you are interested in learning more about the impact of these subjects on one another then you cannot do any better than that blog post.
If you have any questions about todays blog post subject matter please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations six days a week with a licensed family law attorney where your questions can be addressed and answered ... Continue Reading
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patriotsnet · 3 years
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How Many Republicans Voted For Daca
New Post has been published on https://www.patriotsnet.com/how-many-republicans-voted-for-daca/
How Many Republicans Voted For Daca
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Arkansas Republicans Help Give Professional Licenses To Illegal Aliens
Republicans say there won’t be a DACA vote this week. How will Democrats respond?
Arkansas Republicans, including Gov. Asa Hutchinson , have helped secure professional licenses for illegal aliens enrolled in former President Obamas Deferred Action for Childhood Arrivals program thanks to the passage of new state law.
The law, which took effect July 1, will now allow the states nearly 5,000 DACA illegal aliens, along with illegal aliens who hold federal government-issued work permits, to obtain professional licenses to hold jobs in education and healthcare, among other industries.
Hutchinson said all of Arkansas benefits when DACA illegal aliens can obtain professional licenses to take jobs in the state. Only State Sen. Trent Garner and;State Reps. Joshua Bryant , Bruce Cozart , and Gayla;McKenzie voted against the legislation.
The passing of this law was a special moment in Arkansas history, Hutchinson said.
Arkansas Nonprofit News Network reports:
Arkansas Republicans passage of professional licenses for DACA illegal aliens comes after the sanctuary state of Colorado passed similar legislation this year with lobbying from Facebook CEO Mark Zuckerbergs FWD.us group.
Likewise, New Jersey;passed;similar legislation last year, and illegal aliens in the state are now applying for and receiving professional licenses.
John Binder is a reporter for Breitbart News. Email him at [email protected]. Follow him on Twitter;here.;
Forced Daca Vote May Happen In June
When members of Congress departed for the Memorial Day break, a small group of pro-immigration Republican members felt confident they could get the necessary 218 votes on a discharge petition that would force a vote on a DACA bill. At last count, if all Democrats sign-on, the count stood at 215 just before the break. They feel they have the 218.
There are two key dates for a discharge: June 11 and June 25. Once a bill reaches the 218, it has to wait for seven legislative days and then can only be voted on the second and fourth Mondays of the month when the House is in session. That means under the current schedule the only opportunity will be Monday June 25th and Monday July 23rd. There would have to be the 218 signatures by at least June 11th or July 9th.
One of CWLAâs key talking points from the recent Hill Day visits is to get Congress to act on DREAMERS legislation. The Dreamers Act or Development, Relief, and Education for Alien Minors Act of 2017 would grant DACA beneficiaries permanent resident status on a conditional basis.
Put Every Senator On The Record: Do You Support Daca Or Not
Damian Dovarganes / AP
In this Sept. 1, 2017 file photo, Loyola Marymount University student and a DACA recipient Maria Carolina Gomez joins a rally in support of the Deferred Action for Childhood Arrivals, or DACA program, outside the Edward Roybal Federal Building in Los;Angeles.
Tuesday, July 27, 2021 | 2 a.m.
View more of the Sun’s opinion section
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Congressional Republicans have come up with all sorts of ways to dodge responsibility to protect Americas Dreamers, while hypocritically claiming they support the protections offered under the Deferred Action for Childhood Arrivals program.
Some of these GOP extremists blame their Democratic counterparts for packaging DACA with immigration measures they say are too lenient. Some say they cant approve DACA without it being coupled with more stringent legislation to secure the border. Some contend its irresponsible to consider a pathway to citizenship for any immigrants during the current surge in border crossings.
But with all eyes on Congress following the recent legal ruling against DACA, and with the House having already approved protections, its time for Senate Democrats to hold the Republicans feet to the fire on the issue by doing an up-or-down vote on DACA alone.
Americans have had enough of this ping-ponging on DACA. As shown unfailingly in polling, Americans across the political spectrum fervently support a pathway to citizenship for the Dreamers.
And why wouldnt they?
Don’t Miss: What Republicans Are Voting Against Trump
What Has Changed In The Two Years Since The Senate Voted Down Daca Legislation
Two years ago this week, the Senate voted on four different immigration billsthree that proposed permanent fixes for Dreamers and one on sanctuary cities. Each failed to reach the 60-vote threshold for passage. Later this year, the Supreme Court is expected to rule with the Trump administration in favor of terminating the DACA program, ultimately triggering a chaotic election-year fight over Dreamers, immigration reform, and border security.;
Much has changed in the 735 days since the Senate last took up this contentious issue, but advancing a DACA deal still remains unlikely. Here are five developments to the politics and policy around DACA since the last showdown in the upper chamber.;
Can Daca Recipients Vote
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People granted DACA status do not have the same rights as U.S. citizens when it comes to taking part in elections. They are considered permanent residents living in the U.S. with a green card; hence they are non-U.S. citizens. They also have the ability to obtain scholarships to pay for an education in the U.S.
Barring only a few states, DACA recipients and immigrants holding other statuses are not allowed to cast their votes in federal elections. Some states and municipalities that allow DACA recipients to vote include Chicago and San Francisco, among others. If theyre undocumented immigrants, then voting is entirely prohibited.
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Hold Your Own Hearings
You can share personal stories that reflect the importance of DACA and how it has helped you. People will be more receptive to such messages than blunt political ads. In fact, many teenagers and adults who benefited from DACA are sharing their own stories of how it changed their lives. And these stories are circulating on the Internet, inspiring millions.
How Can Dreamers Get Their Voices Heard At The Polls
Even though they cannot cast their vote in the elections, all is not lost for DACA recipients. Nearly 700,000 people are living in the U.S. with DACA status. So changing or abandoning a policy on which so many people rely is not an easy undertaking.
Some of the DACA recipients are taking things into their own hands and trying their best to keep DACA intact. While this may not be directly effective, it is certainly a way for them to try to make an impact this election season.
Recommended Reading: Are There More Democrats Or Republicans In The Senate
What Are The Big Concerns Facing Dreamers This Election
Elections are always important to a country, and most importantly, to its people. These people are both citizens and non-citizens, each with their own hopes and concerns for the election. DACA recipients look forward to the upcoming 2020 election with anticipation.
The DACA policy first came into effect in 2012, and within the last eight years, it has undergone a roller coaster ride of policy shifts. 2020 is going to be no different, and there are some big concerns looming for DACA status holders. Among all the major concerns, the most important ones for these non-citizens are:
How Can They Force A Vote
What Republicans want from a DACA deal
Moderate Republicans are using a rarely-used and rarely-successful procedural maneuver called a discharge petition. Stick with me: A discharge petition forces a vote by the whole House of Representatives on specific bill or bills. In this specific instance, this petition would force a vote as early as June on four different immigration plans. This would bypass going through committee and whole array of other roadblocks Republicans leaders could typically use to stop legislation they dont like.
Read Also: Are There More Republicans Or Democrats In The Senate
Republicans Split Up: Tillis And Cornyn Pushing For Amnesty For Daca Recipients Betraying Americans Again
Republican donors and Republican voters are about ready to get a divorce over some critical issues, like Amnesty, which is hugely unpopular with the Voters and highly favorable with the donors.
Some Republicans can not stop themselves from lying to their voters and pushing for far-left policies like Amnesty for DACA recipients.;
Most Republicans support DACA. As do these Republican Members of Congress and former members: Paul Ryan, Lindsey Graham, Chuck Grassley, John Coryn, Thom Tillis, Adam Kinzinger, Leonard Lance, Carlos Curbelo, Jeff Flake, Mike Coffman, Ileana Ros-Lehinen, Will Hurd, Jeff Dedham
Whatever
According to many of his constituents, Thom Tillis from North Carolina is one of the most deceitful people on the Hill on immigration issues. So is John Cornyn. Together they have devised another Amnesty scheme that represents donors and not voters.;
According to the Center for Immigration Studies, Cornyn and Tillis are pushing for things that will make them some money but which their constituents will not be happy about:
In making their case, the Republican senators stated that there is no clear and politically viable path forward for the American Dream and Promise Act, which would amnesty at least 4.4 million illegal aliens, and that a narrower bill is more viable.;
According to U.S. Citizenship and Immigration Services;data, there are approximately 616,030 illegal aliens who are active DACA recipients.
House Votes To Give Millions Of Dreamers And Farmworkers A Path To Citizenship
Democrats vowed the votes would be the first step toward enacting President Bidens immigration agenda. But Republicans galvanized by border politics promised to stop even the most popular measures.
By Nicholas Fandos
The Democratic-led House voted on Thursday to create a path to citizenship for an estimated four million undocumented immigrants, reopening a politically charged debate over the nations broken immigration system just as President Biden confronts a growing surge of migrants at the border.
In a near party-line vote of 228 to 197, the House first moved to set up a permanent legal pathway for more than 2.5 million undocumented immigrants, including those brought to the United States as children, known as Dreamers, and others granted Temporary Protected Status for humanitarian reasons. Just nine Republicans voted yes.
Hours later, lawmakers approved a second measure with more bipartisan backing that would eventually grant legal status to close to a million farmworkers and their families while updating a key agricultural visa program. This time, 30 Republicans, many representing agriculture-heavy districts, joined nearly every Democrat to vote in favor.
In moving swiftly to consider both bills, House leaders wagered that singling out relatively narrow but publicly popular immigration fixes could shake up a deadlocked policy debate after years of failed attempts at more comprehensive immigration legislation and deliver for a key constituency.
Recommended Reading: Who Controls The House Of Representatives Republicans Or Democrats
Senator Charles Grassley On Daca
Senate Judiciary Committee Chairman Senator Charles Grassley has been a supporter of DACA for awhile, and this support largely comes from his belief in the e-Verify system. Mr. Grassley has said that all employers should be required to use the E-verify system in order to check on a potential employees working eligibility, for a system like this would make deportation of criminals easier and it would as well speed up deportation of asylum seekers who are unable to support their claims.
Republicans And Democrats Remain Divided On Fate Of Daca
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As the White House may be inching closer to a deal that will decide the fate of 800,000 DACA recipients, Congresswoman Linda Sanchez shares her viewpoint on the current negotiations.
MICHEL MARTIN, HOST:
We’re going to start the program today talking about new tensions around the program known as DACA, short for Deferred Action for Childhood Arrivals. That’s an Obama era rule that allows undocumented immigrants who came to the United States as children to apply for protection from deportation. The Trump administration has said it wants to cancel the program in six months.
But President Trump met with Democratic leaders Chuck Schumer and Nancy Pelosi last week. And they reportedly agreed to work together to protect DACA recipients somehow. Until they come up with an actual plan, though, some 800,000 young people remain in limbo. And we will hear from one of those young people in just a few minutes.
But first, to the tensions. Neither President Trump supporters nor many of the Democratic lawmakers are pleased that the two are moving ahead on a deal without consulting with their respective bases. Joining us on the line to talk about this is Congresswoman Linda Sanchez, Democrat of California. She’s the former chair of the Congressional Hispanic Caucus. And she’s now vice chairwoman of the House Democratic Caucus. Congresswoman, thank you so much for speaking with us.
LINDA SANCHEZ: Yeah. It’s great to be with you.
SANCHEZ: Yeah, my pleasure.
Read Also: Do Republicans Support Same Sex Marriage
Four Immigration Bills Were Put On The Senate Floor And Four Bills Failed
The Senate voted on four immigration bills on Thursday afternoon; they needed 60 votes to advance. Each of the bills, from the most conservative to the most liberal, failed.
First up was a plan by Sens. Chris Coons and John McCain . The Coons-McCain bill would have:
Provided a path to citizenship for 1.8 million undocumented immigrants who came to the country as children
Offered no money for Trumps border wall, though it did include some border security measures
It failed 52 to 47, with Democrats almost united in favor and Republicans mostly voting against it.
What it means:The failure of the Coons-McCain plan underlined that with the Republicans controlling every lever of power in Washington, a bill without any funding for Trumps infamous border wall is a nonstarter.
The second vote, on an amendment from Sen. Pat Toomey , did not actually address DACA or border security. The Toomey amendment would have penalized so-called sanctuary cities that refuse to enforce federal immigration policy, by withholding federal funding from those municipalities. The issue has been a fixation for Trump and some of the conservative hardliners in Congress.
It failed 54 to 45. Republicans and a few Democrats supported it, but most Democrats were opposed.
Provided a path to citizenship for 1.8 million undocumented immigrants who came to the country as children
Offered $25 billion for border security
Prevented DACA recipients from sponsoring their parents for legal status
Its Time: As Congress Debates Citizenship Legislation Yet Again A Daca Recipient Grows Frustrated
Patients sometimes look up at Javier Quiroz, an acute-care nurse in one of Houstons busiest hospitals, and ask if he is in the United States legally.
No, he says.
Then he tells them about the journey that has never ended. He crossed the U.S.-Mexico border at age 3 and, nearly three decades later, is among 11;million undocumented immigrants rooted inside the United States without a permanent legal claim to this country.
Quiroz is a foreigner with a Tennessee accent, a registered nurse who paid his way through college and then fought to save lives in a pandemic that nearly took his father and infected him, his wife and their baby girl.
He has watched Congress debate his future for decades, but a bill that would offer him U.S. citizenship has never reached the presidents desk.
With Congress set to return to Washington on Monday, Democratic congressional leaders say legislation establishing such pathways ranks as one of their top priorities. But progress has been stymied, both by uncertain Democratic support and Republican recalcitrance amid an influx of migrants crossing the southwest border, following the same path Quiroz once took.
Failure is not an option, Schumer wrote to colleagues, saying they would address immigration and a host of other measures when the recess ends Monday.
Also Check: How Many Republicans Voted Against Budget
The Daca Population Numbers
787
President Donald Trump said he has heard varying numbers on the DACA population from 650,000 to 3 million. In fact, the U.S. Citizenship and Immigration Services said there were 689,800 active DACA recipients as of Sept. 4, 2017.
DACA, which stands for Deferred Action for Childhood Arrivals, was instituted in 2012 under the Obama administration and enabled certain individuals who had come to the United States illegally as children to avoid deportation proceedings and obtain work authorization for two years, subject to renewal. The Trump administration announced an end to the DACA program on Sept. 5, 2017, saying no new applications would be accepted and a wind-down would occur for current enrollees.
Congress is negotiating a deal on what to do about DACA before a March 5 deadline set by the president. A bipartisan group of lawmakers met with the president to discuss immigration on Jan. 9, and the following day, Trump said in a cabinet meeting that they had agreed to pursue four major areas yesterday of reform: securing our border, including, of course, the wall which has always been included, it never changed; ending chain migration; canceling the visa lottery; and addressing the status of the DACA population. He then rattled off a few different numbers on the DACA recipients.
Now, lets look at the figures the president mentioned on the DACA population.
Legal Immigration Is Now The Real Hurdle To A Senate Deal On Daca
Republicans push for vote on Trump’s proposal to end shutdown
Even with the failed votes, there was little disagreement among the various plans on two major issues: the DACA recipients themselves and border security funding.
Every major plan from the Grassley/Trump proposal to McCain-Coons would have provided a path to citizenship for young people in the United States who are eligible for DACA. An estimated 1.3 to 1.8 million people who had been brought to the country illegally as children would have received protections under that provision.
On border security, the disagreement was lesser Democrats werent eager to give Trump his wall, but they did appear willing to fund it to save DACA. The White House wanted $25 billion, and the Grassley bill gave it to them. So did the latest bipartisan Common Sense compromise.
The real disagreement, then, came down to legal immigration. The White House wanted substantial legal immigration cuts through changes to family-based migration and the diversity visa program. Those provisions were incorporated into the Grassley plan, but it had trouble mustering even universal Republican support.
Now, senators will return to their home states, having done nothing yet again to solve the DACA crisis.
Will you support Voxs explanatory journalism?
Don’t Miss: Why Do Republicans Want To Get Rid Of The Epa
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How Many Republicans Voted For Daca
Arkansas Republicans Help Give Professional Licenses To Illegal Aliens
Republicans say there won’t be a DACA vote this week. How will Democrats respond?
Arkansas Republicans, including Gov. Asa Hutchinson , have helped secure professional licenses for illegal aliens enrolled in former President Obamas Deferred Action for Childhood Arrivals program thanks to the passage of new state law.
The law, which took effect July 1, will now allow the states nearly 5,000 DACA illegal aliens, along with illegal aliens who hold federal government-issued work permits, to obtain professional licenses to hold jobs in education and healthcare, among other industries.
Hutchinson said all of Arkansas benefits when DACA illegal aliens can obtain professional licenses to take jobs in the state. Only State Sen. Trent Garner and;State Reps. Joshua Bryant , Bruce Cozart , and Gayla;McKenzie voted against the legislation.
The passing of this law was a special moment in Arkansas history, Hutchinson said.
Arkansas Nonprofit News Network reports:
Arkansas Republicans passage of professional licenses for DACA illegal aliens comes after the sanctuary state of Colorado passed similar legislation this year with lobbying from Facebook CEO Mark Zuckerbergs FWD.us group.
Likewise, New Jersey;passed;similar legislation last year, and illegal aliens in the state are now applying for and receiving professional licenses.
John Binder is a reporter for Breitbart News. Email him at [email protected]. Follow him on Twitter;here.;
Forced Daca Vote May Happen In June
When members of Congress departed for the Memorial Day break, a small group of pro-immigration Republican members felt confident they could get the necessary 218 votes on a discharge petition that would force a vote on a DACA bill. At last count, if all Democrats sign-on, the count stood at 215 just before the break. They feel they have the 218.
There are two key dates for a discharge: June 11 and June 25. Once a bill reaches the 218, it has to wait for seven legislative days and then can only be voted on the second and fourth Mondays of the month when the House is in session. That means under the current schedule the only opportunity will be Monday June 25th and Monday July 23rd. There would have to be the 218 signatures by at least June 11th or July 9th.
One of CWLAâs key talking points from the recent Hill Day visits is to get Congress to act on DREAMERS legislation. The Dreamers Act or Development, Relief, and Education for Alien Minors Act of 2017 would grant DACA beneficiaries permanent resident status on a conditional basis.
Put Every Senator On The Record: Do You Support Daca Or Not
Damian Dovarganes / AP
In this Sept. 1, 2017 file photo, Loyola Marymount University student and a DACA recipient Maria Carolina Gomez joins a rally in support of the Deferred Action for Childhood Arrivals, or DACA program, outside the Edward Roybal Federal Building in Los;Angeles.
Tuesday, July 27, 2021 | 2 a.m.
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Congressional Republicans have come up with all sorts of ways to dodge responsibility to protect Americas Dreamers, while hypocritically claiming they support the protections offered under the Deferred Action for Childhood Arrivals program.
Some of these GOP extremists blame their Democratic counterparts for packaging DACA with immigration measures they say are too lenient. Some say they cant approve DACA without it being coupled with more stringent legislation to secure the border. Some contend its irresponsible to consider a pathway to citizenship for any immigrants during the current surge in border crossings.
But with all eyes on Congress following the recent legal ruling against DACA, and with the House having already approved protections, its time for Senate Democrats to hold the Republicans feet to the fire on the issue by doing an up-or-down vote on DACA alone.
Americans have had enough of this ping-ponging on DACA. As shown unfailingly in polling, Americans across the political spectrum fervently support a pathway to citizenship for the Dreamers.
And why wouldnt they?
Don’t Miss: What Republicans Are Voting Against Trump
What Has Changed In The Two Years Since The Senate Voted Down Daca Legislation
Two years ago this week, the Senate voted on four different immigration billsthree that proposed permanent fixes for Dreamers and one on sanctuary cities. Each failed to reach the 60-vote threshold for passage. Later this year, the Supreme Court is expected to rule with the Trump administration in favor of terminating the DACA program, ultimately triggering a chaotic election-year fight over Dreamers, immigration reform, and border security.;
Much has changed in the 735 days since the Senate last took up this contentious issue, but advancing a DACA deal still remains unlikely. Here are five developments to the politics and policy around DACA since the last showdown in the upper chamber.;
Can Daca Recipients Vote
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People granted DACA status do not have the same rights as U.S. citizens when it comes to taking part in elections. They are considered permanent residents living in the U.S. with a green card; hence they are non-U.S. citizens. They also have the ability to obtain scholarships to pay for an education in the U.S.
Barring only a few states, DACA recipients and immigrants holding other statuses are not allowed to cast their votes in federal elections. Some states and municipalities that allow DACA recipients to vote include Chicago and San Francisco, among others. If theyre undocumented immigrants, then voting is entirely prohibited.
You May Like: Why Do Republicans Like Donald Trump
Hold Your Own Hearings
You can share personal stories that reflect the importance of DACA and how it has helped you. People will be more receptive to such messages than blunt political ads. In fact, many teenagers and adults who benefited from DACA are sharing their own stories of how it changed their lives. And these stories are circulating on the Internet, inspiring millions.
How Can Dreamers Get Their Voices Heard At The Polls
Even though they cannot cast their vote in the elections, all is not lost for DACA recipients. Nearly 700,000 people are living in the U.S. with DACA status. So changing or abandoning a policy on which so many people rely is not an easy undertaking.
Some of the DACA recipients are taking things into their own hands and trying their best to keep DACA intact. While this may not be directly effective, it is certainly a way for them to try to make an impact this election season.
Recommended Reading: Are There More Democrats Or Republicans In The Senate
What Are The Big Concerns Facing Dreamers This Election
Elections are always important to a country, and most importantly, to its people. These people are both citizens and non-citizens, each with their own hopes and concerns for the election. DACA recipients look forward to the upcoming 2020 election with anticipation.
The DACA policy first came into effect in 2012, and within the last eight years, it has undergone a roller coaster ride of policy shifts. 2020 is going to be no different, and there are some big concerns looming for DACA status holders. Among all the major concerns, the most important ones for these non-citizens are:
How Can They Force A Vote
What Republicans want from a DACA deal
Moderate Republicans are using a rarely-used and rarely-successful procedural maneuver called a discharge petition. Stick with me: A discharge petition forces a vote by the whole House of Representatives on specific bill or bills. In this specific instance, this petition would force a vote as early as June on four different immigration plans. This would bypass going through committee and whole array of other roadblocks Republicans leaders could typically use to stop legislation they dont like.
Read Also: Are There More Republicans Or Democrats In The Senate
Republicans Split Up: Tillis And Cornyn Pushing For Amnesty For Daca Recipients Betraying Americans Again
Republican donors and Republican voters are about ready to get a divorce over some critical issues, like Amnesty, which is hugely unpopular with the Voters and highly favorable with the donors.
Some Republicans can not stop themselves from lying to their voters and pushing for far-left policies like Amnesty for DACA recipients.;
Most Republicans support DACA. As do these Republican Members of Congress and former members: Paul Ryan, Lindsey Graham, Chuck Grassley, John Coryn, Thom Tillis, Adam Kinzinger, Leonard Lance, Carlos Curbelo, Jeff Flake, Mike Coffman, Ileana Ros-Lehinen, Will Hurd, Jeff Dedham
Whatever
According to many of his constituents, Thom Tillis from North Carolina is one of the most deceitful people on the Hill on immigration issues. So is John Cornyn. Together they have devised another Amnesty scheme that represents donors and not voters.;
According to the Center for Immigration Studies, Cornyn and Tillis are pushing for things that will make them some money but which their constituents will not be happy about:
In making their case, the Republican senators stated that there is no clear and politically viable path forward for the American Dream and Promise Act, which would amnesty at least 4.4 million illegal aliens, and that a narrower bill is more viable.;
According to U.S. Citizenship and Immigration Services;data, there are approximately 616,030 illegal aliens who are active DACA recipients.
House Votes To Give Millions Of Dreamers And Farmworkers A Path To Citizenship
Democrats vowed the votes would be the first step toward enacting President Bidens immigration agenda. But Republicans galvanized by border politics promised to stop even the most popular measures.
By Nicholas Fandos
The Democratic-led House voted on Thursday to create a path to citizenship for an estimated four million undocumented immigrants, reopening a politically charged debate over the nations broken immigration system just as President Biden confronts a growing surge of migrants at the border.
In a near party-line vote of 228 to 197, the House first moved to set up a permanent legal pathway for more than 2.5 million undocumented immigrants, including those brought to the United States as children, known as Dreamers, and others granted Temporary Protected Status for humanitarian reasons. Just nine Republicans voted yes.
Hours later, lawmakers approved a second measure with more bipartisan backing that would eventually grant legal status to close to a million farmworkers and their families while updating a key agricultural visa program. This time, 30 Republicans, many representing agriculture-heavy districts, joined nearly every Democrat to vote in favor.
In moving swiftly to consider both bills, House leaders wagered that singling out relatively narrow but publicly popular immigration fixes could shake up a deadlocked policy debate after years of failed attempts at more comprehensive immigration legislation and deliver for a key constituency.
Recommended Reading: Who Controls The House Of Representatives Republicans Or Democrats
Senator Charles Grassley On Daca
Senate Judiciary Committee Chairman Senator Charles Grassley has been a supporter of DACA for awhile, and this support largely comes from his belief in the e-Verify system. Mr. Grassley has said that all employers should be required to use the E-verify system in order to check on a potential employees working eligibility, for a system like this would make deportation of criminals easier and it would as well speed up deportation of asylum seekers who are unable to support their claims.
Republicans And Democrats Remain Divided On Fate Of Daca
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As the White House may be inching closer to a deal that will decide the fate of 800,000 DACA recipients, Congresswoman Linda Sanchez shares her viewpoint on the current negotiations.
MICHEL MARTIN, HOST:
We’re going to start the program today talking about new tensions around the program known as DACA, short for Deferred Action for Childhood Arrivals. That’s an Obama era rule that allows undocumented immigrants who came to the United States as children to apply for protection from deportation. The Trump administration has said it wants to cancel the program in six months.
But President Trump met with Democratic leaders Chuck Schumer and Nancy Pelosi last week. And they reportedly agreed to work together to protect DACA recipients somehow. Until they come up with an actual plan, though, some 800,000 young people remain in limbo. And we will hear from one of those young people in just a few minutes.
But first, to the tensions. Neither President Trump supporters nor many of the Democratic lawmakers are pleased that the two are moving ahead on a deal without consulting with their respective bases. Joining us on the line to talk about this is Congresswoman Linda Sanchez, Democrat of California. She’s the former chair of the Congressional Hispanic Caucus. And she’s now vice chairwoman of the House Democratic Caucus. Congresswoman, thank you so much for speaking with us.
LINDA SANCHEZ: Yeah. It’s great to be with you.
SANCHEZ: Yeah, my pleasure.
Read Also: Do Republicans Support Same Sex Marriage
Four Immigration Bills Were Put On The Senate Floor And Four Bills Failed
The Senate voted on four immigration bills on Thursday afternoon; they needed 60 votes to advance. Each of the bills, from the most conservative to the most liberal, failed.
First up was a plan by Sens. Chris Coons and John McCain . The Coons-McCain bill would have:
Provided a path to citizenship for 1.8 million undocumented immigrants who came to the country as children
Offered no money for Trumps border wall, though it did include some border security measures
It failed 52 to 47, with Democrats almost united in favor and Republicans mostly voting against it.
What it means:The failure of the Coons-McCain plan underlined that with the Republicans controlling every lever of power in Washington, a bill without any funding for Trumps infamous border wall is a nonstarter.
The second vote, on an amendment from Sen. Pat Toomey , did not actually address DACA or border security. The Toomey amendment would have penalized so-called sanctuary cities that refuse to enforce federal immigration policy, by withholding federal funding from those municipalities. The issue has been a fixation for Trump and some of the conservative hardliners in Congress.
It failed 54 to 45. Republicans and a few Democrats supported it, but most Democrats were opposed.
Provided a path to citizenship for 1.8 million undocumented immigrants who came to the country as children
Offered $25 billion for border security
Prevented DACA recipients from sponsoring their parents for legal status
Its Time: As Congress Debates Citizenship Legislation Yet Again A Daca Recipient Grows Frustrated
Patients sometimes look up at Javier Quiroz, an acute-care nurse in one of Houstons busiest hospitals, and ask if he is in the United States legally.
No, he says.
Then he tells them about the journey that has never ended. He crossed the U.S.-Mexico border at age 3 and, nearly three decades later, is among 11;million undocumented immigrants rooted inside the United States without a permanent legal claim to this country.
Quiroz is a foreigner with a Tennessee accent, a registered nurse who paid his way through college and then fought to save lives in a pandemic that nearly took his father and infected him, his wife and their baby girl.
He has watched Congress debate his future for decades, but a bill that would offer him U.S. citizenship has never reached the presidents desk.
With Congress set to return to Washington on Monday, Democratic congressional leaders say legislation establishing such pathways ranks as one of their top priorities. But progress has been stymied, both by uncertain Democratic support and Republican recalcitrance amid an influx of migrants crossing the southwest border, following the same path Quiroz once took.
Failure is not an option, Schumer wrote to colleagues, saying they would address immigration and a host of other measures when the recess ends Monday.
Also Check: How Many Republicans Voted Against Budget
The Daca Population Numbers
787
President Donald Trump said he has heard varying numbers on the DACA population from 650,000 to 3 million. In fact, the U.S. Citizenship and Immigration Services said there were 689,800 active DACA recipients as of Sept. 4, 2017.
DACA, which stands for Deferred Action for Childhood Arrivals, was instituted in 2012 under the Obama administration and enabled certain individuals who had come to the United States illegally as children to avoid deportation proceedings and obtain work authorization for two years, subject to renewal. The Trump administration announced an end to the DACA program on Sept. 5, 2017, saying no new applications would be accepted and a wind-down would occur for current enrollees.
Congress is negotiating a deal on what to do about DACA before a March 5 deadline set by the president. A bipartisan group of lawmakers met with the president to discuss immigration on Jan. 9, and the following day, Trump said in a cabinet meeting that they had agreed to pursue four major areas yesterday of reform: securing our border, including, of course, the wall which has always been included, it never changed; ending chain migration; canceling the visa lottery; and addressing the status of the DACA population. He then rattled off a few different numbers on the DACA recipients.
Now, lets look at the figures the president mentioned on the DACA population.
Legal Immigration Is Now The Real Hurdle To A Senate Deal On Daca
Republicans push for vote on Trump’s proposal to end shutdown
Even with the failed votes, there was little disagreement among the various plans on two major issues: the DACA recipients themselves and border security funding.
Every major plan from the Grassley/Trump proposal to McCain-Coons would have provided a path to citizenship for young people in the United States who are eligible for DACA. An estimated 1.3 to 1.8 million people who had been brought to the country illegally as children would have received protections under that provision.
On border security, the disagreement was lesser Democrats werent eager to give Trump his wall, but they did appear willing to fund it to save DACA. The White House wanted $25 billion, and the Grassley bill gave it to them. So did the latest bipartisan Common Sense compromise.
The real disagreement, then, came down to legal immigration. The White House wanted substantial legal immigration cuts through changes to family-based migration and the diversity visa program. Those provisions were incorporated into the Grassley plan, but it had trouble mustering even universal Republican support.
Now, senators will return to their home states, having done nothing yet again to solve the DACA crisis.
Will you support Voxs explanatory journalism?
Don’t Miss: Why Do Republicans Want To Get Rid Of The Epa
source https://www.patriotsnet.com/how-many-republicans-voted-for-daca/
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Two News Articles & Two Differing Views
1. An inconcsistent track record with passing and vetoing legislation in relation to transgender rights and well-being poses for questions about Governor Asa Hutchinson’s perspective.  As a member of the Republican Party in Arkansas, Hutchinson has vetoed signed two pieces of legislation that restrict transgender individuals from participating in sports and some restrictions on healthcare access.  However, Hutchinson recently vetoed a bill that would put an outrights ban on gender-affirming healthcare for transgender youth.  Unfortunately, however, the Arkansas legislature has overridden the governor’s veto, which means that this legislation has become law in Arkansas.  Prior to the declaration of the override, however, Hutchinson was interviewed by Breitbart to discuss his choices on the latest legislation on transgender rights.  When asked about his signature regarding banning transgender women from playing on women’s sports teams, Hutchinson explained that he is “trying to protect women’s sports” (Key, 2021).  By saying “protect women’s sports”, Hutchinson is creating a divide between transgender women and cisgender women (Key, 2021).  He is singling out and invalidating the womanhood of trans women by saying that, due to their biology, they should not be allowed to participate in a sport with their same-gendered peers.  This legislation is essentially telling trans women that others people’s discomfort matters more than their opportunities for participating in sports teams.  While Hutchinson may not be explicitly stating these perspectives, there are lots of people who share these perspectives and agree with Hutchinson’s signatures.  In other words, signing this bill creates more fuel for transphobic biases, both implicit and explicit.  Hutchinson explained that he supports a doctor’s decision to deny transgender individuals the necessary healthcare on the grounds of “supporting medical conscience” (Key, 2021).  In other words, the governor is allowing doctors who have transphobic biases to deny gender-affirming healthcare to transgender individuals.  This creates an environment that allows professionals to deny their service based on their biases, which works to protect transphobic perspectives, not transgender individuals.  Instead of allowing transphobia to continue in the medical field, educating doctors and showing how biases affect the lives of transgender people would move the issue forward.  This legislative action seems to support going backwards and avoids accountability and puts up walls instead of increasing bridging social capital.  This veto says that transgender youth should have access to gender-affirmming healthcare, and that it is inappropriate for the government to step in on this issue.  Hutchinson goes on to explain that this legislation is interfering “with the government getting into the lives of transgender youth as well as their parents and the decisions that doctors make” (Key, 2021).  Hutchinson explains that this government interference opposes his Republican views of the role of government; he says that legislation such as this focuses on controlling the decisions made between individuals, families, and doctors (Key, 2021).  This decision supports the rights of transgender healthcare, which is vital.  However, the stark contrast in reasoning between this bill and the bill regarding medical conscience seems contradictory.  As previously mentioned, signing the other bill regarding transgender healthcare provides space for transphobic biases in the healthcare workplace.  If Hutchinson wants the best for transgender people, allowing for biases against them in any aspect goes directly against that statement.
Key, P. (2021, April 11). Hutchinson on Transgender Bill: Republicans who Fear the Future are Misusing the 'Instrument of the Law'. Retrieved April 29, 2021, from https://www.breitbart.com/clips/2021/04/11/hutchinson-on-transgender-bill-republicans-who-fear-the-future-are-misusing-the-instrument-of-the-law/
2. The Arkansas legislature has overridden a veto by Governor Asa Hutchinson that directly targets transgender individuals seeking gender-affirming healthcare.  Named the “Save Adolescents From Experimentation (SAFE) Act”, this law “prohibits physicians from providing hormone therapy and puberty blockers to young people” (Reynolds, 2021).  This law applies to any trans youth who has already started gender-affirming care, which may be critical and detrimental to the youth’s health (Reynolds, 2021).  Although the extent of harm that would be caused is unknown, it is well-known that this legislation will be detrimental to the mental health of trans youth.  Several organizations around the country have come out against the legislation, including the American Academy of Pediatrics (AAP) and the American Psychiatric Association (APA) (Reynolds, 2021).  In fact, Dr. Gary Wheeler, who serves as the president of the AAP’s Arkansas chapter, has been outspoken about his disappointment and disagreement with the newest legislation, stating that “uninformed politicians ‘cherry pick’ information in legislative committees, misread journal papers, and use outdated data while ‘overlooking what is clearly detrimental to these children, which is the systemic legislative bullying of a class of individuals that causes harm to them’” (Reynolds, 2021).  For example, on of the SAFE Act’s primary sponsors, Republican Rep. Robin Lundstrum, cited a study conducted in 2011 saying that, “after gender confirmation surgery, transgender people were more likely to consider suicide and have mental health issues”; however, this same study stated that gender-affirming surgery “helped alleviate gender dysphoria” amongst transgender people (Reynolds, 2021).  This law is incredibly disheartening that politicians create laws such as the SAFE Act at the expense of other people’s livelihoods, well-being, and safety.  It shows an obvious lack of empathy and compassion for others and immense bias against trans individuals.  According to the Human Rights Campaign (HRC), about 82 anti-trans bills have been proposed or passed in 30 different states within the past year, which is a record (Reynolds, 2021).  From the perspective of the state, passing a bill of this nature would hurt them economically and reputationally, which seems counterintuitive from a legislative standpoint (Reynolds, 2021).  For example, North Carolina’s so-called “bathroom bill” has cost the state “around $3.76 billion in lost business over the past twelve years” as a result of this law (Reynolds, 2021).  A similar future could play out in Arkansas if this legislation stands, which sounds like taking steps backwards.  Fortunately, the ACLU has come out in a statement “vowing to support trans kids and fight the Arkansas legislation in court” (Reynolds, 2021).  In fact, the ACLU Arkansas chapter’s president, Holly Dickson stated that banning gender-affirming healthcare “not only wrong, it’s also illegal” (Reynolds, 2021).  Politicians have to look past their closest scope of references and broaden their horizons on whose perspectives they listen to because that is in their job description.  Simply put, legislation like this is the opposite of a productive goal, such as to move forward in a progressive and inclusive manner.
Reynolds, D. (2021, April 14). Why Arkansas Anti-Trans Law Is So Dangerous for LGBTQIA+ Youth (1351707130 989783480 M. Gifford, Ed.). Retrieved May 1, 2021, from https://www.healthline.com/health-news/why-arkansas-anti-trans-law-is-so-dangerous-for-lgbtqia-youth
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orbemnews · 3 years
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Fact check: Breaking down 10 claims about the Democrats' elections bill Here is a fact check of some of the claims lawmakers made at the hearing; the Republicans present made a larger number of checkable assertions about what is in the bill, so we checked more claims from them than from the Democrats present. Republican Sen. Ted Cruz of Texas claimed: “Under this bill, there’s automatic registration of anybody — if you get a driver’s license, if you get a welfare payment, if you get an unemployment payment, if you attend a public university. Now everyone knows there are millions of illegal aliens who have driver’s licenses, who are getting welfare benefits, who attend public universities. … ” Facts First: It is not true that the bill automatically registers “anybody” to vote. The bill does not change current law banning people who aren’t US citizens, including undocumented immigrants, from registering to vote in federal elections. While the bill does require every state to adopt an “automatic voter registration” system, it repeatedly makes clear that only citizens are eligible to be registered. The bill says people would have to affirm that they are US citizens before they were added to the voter rolls. It also says the government agencies involved in the registration process would inform only US citizens that they would be registered to vote unless they chose to opt out. And it says the agencies would be required to send elections officials not only people’s names but also “information showing that the individual is a citizen of the United States.” The word “automatic” in “automatic voter registration” does not mean that there can be no verification measures. Michigan Secretary of State Jocelyn Benson testified later in the hearing that her state’s automatic voter registration system includes “six checks” to ensure that only eligible citizens get registered. It is true that there have sometimes been errors under state automatic voter registration systems that resulted in noncitizens getting registered to vote. But there have also been errors in states without automatic voter registration. Daniel Weiner, deputy director of the Election Reform Program at New York University’s liberal Brennan Center for Justice, said in an interview that automatic voter registration “increases the accuracy” of the voter rolls, “not the other way around.” Registration for 16-year-olds West Virginia Secretary of State Mac Warner, a Republican, expressed concerns about the automatic voter registration provisions. Warner warned that the bill “overrules checks and balances in our election security. It mandates AVR, including 16-year-olds.” Facts First: This needs context. While it’s true that the bill would require states to allow individuals as young as 16 to register to vote, the text explicitly says that nothing in the bill requires states to let individuals vote before they turn 18 — and that the bill has “no effect” on states’ own voting age requirements. The policy of registering people before they turn 18 but not yet allowing them to vote, known as preregistration, already exists in several states in varying forms. According to the National Conference of State Legislatures, at least 23 states allowed individuals under 18 years old to preregister to vote as of February 2019. Fourteen states and the District of Columbia allowed preregistration at 16 years old, while four states, including West Virginia, allowed 17-year-olds to preregister. (The other five states have different age requirements.) Specifically, the West Virginia secretary of state’s website says that people who are 17 years old and will turn 18 before the next general election can register. (It also says “17 year olds may register and vote in primary elections if they turn 18 before the next general election.”) Criminals and the vote “This bill is designed to get criminals to vote,” Cruz said. “This bill says, ‘If you’re a murderer, if you’re a rapist, if you’re a child molester, we the Democrats want you voting.’ ” Facts First: This needs context. The bill would not force states to allow incarcerated felons to vote. It would require states to allow people who committed felonies to vote once they are no longer incarcerated. “Individuals who have completed a felony sentence would have their right to vote in federal elections reinstated once they are released from custody or receive a probation sentence,” Matthew Weil, director of the Elections Project at the Bipartisan Policy Center think tank, said in an email. “States would be required to notify these individuals of their re-enfranchisement.” In a bipartisan vote on March 2, the House voted 328-97 to defeat an amendment from progressive Democrats to extend federal voting rights to people who are still incarcerated. The prevalence of voter fraud Republican Sen. Cindy Hyde-Smith of Mississippi claimed that voter fraud is “rampant.” Facts First: This is just not true. Voter fraud is exceedingly rare in the United States. There is no evidence of widespread fraud in the 2020 general election. Voter identification laws Warner, the West Virginia secretary of state, said the bill “bans ID laws.” Facts First: This is false. The bill does not prohibit states from having voter identification laws. Rather, it requires states to give voters an alternative to showing the ID the states normally require — specifically, to allow voters who do not show ID to instead submit signed statements under penalty of perjury attesting to their identity and eligibility to vote. Critics are entitled to argue that this provision weakens or undermines voter ID laws, but it’s just not true to say the bill “bans” such laws. For absentee ballot applications in particular, the law says states can’t require any form of identification except for a signature or “similar affirmation.” It says, though, that this policy has “no effect” on ID requirements for first-time voters registering by mail. And as the National Conference of State Legislatures notes on its website, state voter ID requirements generally don’t apply to mail-in or absentee ballots anyway. “Many states allow registered voters to request an absentee ballot completely online if they are already registered to vote,” Weil said. Senate Minority Leader Mitch McConnell, a Kentucky Republican, made a more nuanced claim than Warner did, saying that “popular policies like voter ID requirements would be banned unless states neutered them with loopholes.” This claim at least hinted that the bill does not include a total prohibition on voter ID laws. The bill and a North Carolina scandal Sen. Roger Wicker of Mississippi said: “As I recall, a member from North Carolina, a Republican, was elected in a close election and was expelled or not seated from the House of Representatives because he engaged in ballot harvesting, which was illegal under the law of North Carolina but would be not only legal but required to be legal in all 50 states and the District of Columbia.” Facts First: This is misleading. While the Democrats’ bill would require states to allow voters to designate other people of their choice to submit their sealed absentee ballots for them, it would not legalize the fraudulent activity that allegedly occurred in this 2018 congressional race in North Carolina. Associates of a Republican operative in that race have said that they forged witness signatures on absentee ballots, cast votes in races that voters had left blank on unsealed ballots and were paid based on the number of ballots collected. All of that would be illegal under the Democrats’ bill. In addition, the House of Representatives did not expel any Republican because of the election scandal, and it wasn’t the House itself that decided not to seat the Republican in question. Here’s what actually happened. In the US House election for North Carolina’s 9th District, Republican Mark Harris received 905 more votes than Democrat Dan McCready. Because of the allegations against Leslie McCrae Dowless, an operative for Harris who ended up getting indicted — he said he had done nothing wrong, and his trial has not occurred yet — the North Carolina State Board of Elections voted not to certify the results. The board called for a new election, which was won in 2019 by Republican Dan Bishop. (Harris declined to run in the new election.) It’s also worth noting that, according to a National Conference of State Legislatures web post in February, 26 states already permit voters to let someone else submit a ballot for them. Twelve of those states have limits on the number of ballots any one person can collect and return; the Democrats’ bill would not allow such limits. State proposals McConnell, arguing that this federal bill is unnecessary, claimed that “states are not engaging in trying to suppress voters, whatsoever.” Facts First: Since the 2020 election, Republican state legislators around the country have put forward proposals that would make it more difficult to vote. These include stricter identification requirements and reduced access to mail-in ballots, ballot drop boxes, early voting and voter registration. Here is a CNN look at what is happening. According to the Brennan Center, the legislatures with the largest number of restrictive bills as of February 19 were in Georgia, Pennsylvania and Arizona, which all flipped from electing Donald Trump in 2016 to Joe Biden in 2020. Sunday voting in Georgia Criticizing Republican election proposals in various states, Senate Majority Leader Chuck Schumer, a New York Democrat, said that “the most reprehensible effort of all might be found in Georgia, where Republicans recently passed a bill to eliminate early voting on Sunday. On Sunday, a day when many churchgoing African Americans participate in voter drives known as ‘souls to the polls.’ ” Facts First: This needs context. The current version of the Georgia Republican bill — which has not been passed into law — does not include a ban on early voting on Sundays. On March 1, however, the Georgia House did pass a Republican bill that would have reduced early Sunday voting. And before that, Georgia Republicans had initially proposed to fully eliminate early voting on Sundays. State Republicans have now backed away from these initial proposals for weekend reductions, though they are continuing to push voting restrictions of other kinds. They now appear poised to make both Saturdays of the three-week period mandatory for counties — at present, only one Saturday is mandatory — and to give counties the option of allowing early voting on both Sundays. Voting rights activists say there is an important caveat: The bill does not appear to require any weekend early voting in runoff elections. (Democrats won two Georgia runoffs in January to earn control of the US Senate.) We’ll update this item if we get further information on the bill’s runoff provisions. — CNN’s Dianne Gallagher and Kelly Mena contributed to this item. The ACLU’s position on the US bill McConnell said, “This bill is such an attack on citizens’ privacy that even the left-wing ACLU opposes this bill.” Facts First: McConnell has a solid basis for this claim: The American Civil Liberties Union publicly opposed the bill in 2019, warning, among other things, that it would unconstitutionally infringe on “the right to associational privacy.” However, it’s worth noting for context that the ACLU has since softened its stance — saying that while it continues in 2021 to have serious concerns about certain provisions of the bill, it has not “taken a public position opposing the bill” as a whole this year, spokeswoman Gabriela Meléndez Olivera said in an email. ACLU lawyers wrote in an op-ed in The Washington Post this month that they “strongly support many of the critical reforms” contained in the bill but called on legislators to fix certain other provisions. The ACLU has expressed privacy concerns about a provision that would require the disclosure of the names and addresses of people who donate $10,000 or more to entities that make “campaign-related disbursements.” The ACLU lawyers warned in the op-ed that such disbursements “could include paid political speech that discusses a public issue such as immigrants’ rights, voting rights or reproductive freedom if the communication merely mentions a candidate for public office,” and they said that groups working to advance civil rights through paid communications should not be “deterred from doing so” because of a government-imposed funding disclosure requirement. The National Disability Rights Network’s position on the bill Democratic Sen. Amy Klobuchar of Minnesota, the committee chair, entered into the record three letters that she said were in support of the bill. One of them was from the National Disability Rights Network. Facts First: Klobuchar had a reasonable basis for her claim that the National Disability Rights Network supports the bill; the network sent her and the committee’s top Republican member a letter that called the bill “sorely needed” and said “almost all” of its provisions “will positively impact all voters in America, including voters with disabilities.” However, as with McConnell’s claim about the ACLU, there is nuance here. The letter also expressed “great concern” about the bill’s requirement for states to use paper ballots, saying that any such mandate would mean “this important reform legislation could disenfranchise many voters with disabilities.” (You can read more here.) Michelle Bishop, the National Disability Rights Network’s voter access and engagement manager, said in an email to CNN that the organization does not have an overall position in support of or opposition to the bill. Source link Orbem News #Bill #breaking #Check #claims #Democrats #Elections #fact #Factcheck:Breakingdown10claimsabouttheDemocrats'electionsbill-CNNPolitics #Politics
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Fact check: Breaking down 10 claims about the Democrats' elections bill
New Post has been published on https://appradab.com/fact-check-breaking-down-10-claims-about-the-democrats-elections-bill/
Fact check: Breaking down 10 claims about the Democrats' elections bill
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Here is a fact check of some of the claims lawmakers made at the hearing; the Republicans present made a larger number of checkable assertions about what is in the bill, so we checked more claims from them than from the Democrats present.
Republican Sen. Ted Cruz of Texas claimed: “Under this bill, there’s automatic registration of anybody — if you get a driver’s license, if you get a welfare payment, if you get an unemployment payment, if you attend a public university. Now everyone knows there are millions of illegal aliens who have driver’s licenses, who are getting welfare benefits, who attend public universities. … ”
Facts First: It is not true that the bill automatically registers “anybody” to vote. The bill does not change current law banning people who aren’t US citizens, including undocumented immigrants, from registering to vote in federal elections. While the bill does require every state to adopt an “automatic voter registration” system, it repeatedly makes clear that only citizens are eligible to be registered.
The bill says people would have to affirm that they are US citizens before they were added to the voter rolls. It also says the government agencies involved in the registration process would inform only US citizens that they would be registered to vote unless they chose to opt out. And it says the agencies would be required to send elections officials not only people’s names but also “information showing that the individual is a citizen of the United States.”
The word “automatic” in “automatic voter registration” does not mean that there can be no verification measures. Michigan Secretary of State Jocelyn Benson testified later in the hearing that her state’s automatic voter registration system includes “six checks” to ensure that only eligible citizens get registered.
It is true that there have sometimes been errors under state automatic voter registration systems that resulted in noncitizens getting registered to vote. But there have also been errors in states without automatic voter registration. Daniel Weiner, deputy director of the Election Reform Program at New York University’s liberal Brennan Center for Justice, said in an interview that automatic voter registration “increases the accuracy” of the voter rolls, “not the other way around.”
Registration for 16-year-olds
West Virginia Secretary of State Mac Warner, a Republican, expressed concerns about the automatic voter registration provisions. Warner warned that the bill “overrules checks and balances in our election security. It mandates AVR, including 16-year-olds.”
Facts First: This needs context. While it’s true that the bill would require states to allow individuals as young as 16 to register to vote, the text explicitly says that nothing in the bill requires states to let individuals vote before they turn 18 — and that the bill has “no effect” on states’ own voting age requirements. The policy of registering people before they turn 18 but not yet allowing them to vote, known as preregistration, already exists in several states in varying forms.
According to the National Conference of State Legislatures, at least 23 states allowed individuals under 18 years old to preregister to vote as of February 2019. Fourteen states and the District of Columbia allowed preregistration at 16 years old, while four states, including West Virginia, allowed 17-year-olds to preregister. (The other five states have different age requirements.) Specifically, the West Virginia secretary of state’s website says that people who are 17 years old and will turn 18 before the next general election can register. (It also says “17 year olds may register and vote in primary elections if they turn 18 before the next general election.”)
Criminals and the vote
“This bill is designed to get criminals to vote,” Cruz said. “This bill says, ‘If you’re a murderer, if you’re a rapist, if you’re a child molester, we the Democrats want you voting.’ ”
Facts First: This needs context. The bill would not force states to allow incarcerated felons to vote. It would require states to allow people who committed felonies to vote once they are no longer incarcerated.
“Individuals who have completed a felony sentence would have their right to vote in federal elections reinstated once they are released from custody or receive a probation sentence,” Matthew Weil, director of the Elections Project at the Bipartisan Policy Center think tank, said in an email. “States would be required to notify these individuals of their re-enfranchisement.”
In a bipartisan vote on March 2, the House voted 328-97 to defeat an amendment from progressive Democrats to extend federal voting rights to people who are still incarcerated.
The prevalence of voter fraud
Republican Sen. Cindy Hyde-Smith of Mississippi claimed that voter fraud is “rampant.”
Facts First: This is just not true. Voter fraud is exceedingly rare in the United States. There is no evidence of widespread fraud in the 2020 general election.
Voter identification laws
Warner, the West Virginia secretary of state, said the bill “bans ID laws.”
Facts First: This is false. The bill does not prohibit states from having voter identification laws. Rather, it requires states to give voters an alternative to showing the ID the states normally require — specifically, to allow voters who do not show ID to instead submit signed statements under penalty of perjury attesting to their identity and eligibility to vote. Critics are entitled to argue that this provision weakens or undermines voter ID laws, but it’s just not true to say the bill “bans” such laws.
For absentee ballot applications in particular, the law says states can’t require any form of identification except for a signature or “similar affirmation.” It says, though, that this policy has “no effect” on ID requirements for first-time voters registering by mail. And as the National Conference of State Legislatures notes on its website, state voter ID requirements generally don’t apply to mail-in or absentee ballots anyway. “Many states allow registered voters to request an absentee ballot completely online if they are already registered to vote,” Weil said.
Senate Minority Leader Mitch McConnell, a Kentucky Republican, made a more nuanced claim than Warner did, saying that “popular policies like voter ID requirements would be banned unless states neutered them with loopholes.” This claim at least hinted that the bill does not include a total prohibition on voter ID laws.
The bill and a North Carolina scandal
Sen. Roger Wicker of Mississippi said: “As I recall, a member from North Carolina, a Republican, was elected in a close election and was expelled or not seated from the House of Representatives because he engaged in ballot harvesting, which was illegal under the law of North Carolina but would be not only legal but required to be legal in all 50 states and the District of Columbia.”
Facts First: This is misleading. While the Democrats’ bill would require states to allow voters to designate other people of their choice to submit their sealed absentee ballots for them, it would not legalize the fraudulent activity that allegedly occurred in this 2018 congressional race in North Carolina. Associates of a Republican operative in that race have said that they forged witness signatures on absentee ballots, cast votes in races that voters had left blank on unsealed ballots and were paid based on the number of ballots collected. All of that would be illegal under the Democrats’ bill.
In addition, the House of Representatives did not expel any Republican because of the election scandal, and it wasn’t the House itself that decided not to seat the Republican in question. Here’s what actually happened.
In the US House election for North Carolina’s 9th District, Republican Mark Harris received 905 more votes than Democrat Dan McCready. Because of the allegations against Leslie McCrae Dowless, an operative for Harris who ended up getting indicted — he said he had done nothing wrong, and his trial has not occurred yet — the North Carolina State Board of Elections voted not to certify the results. The board called for a new election, which was won in 2019 by Republican Dan Bishop. (Harris declined to run in the new election.)
It’s also worth noting that, according to a National Conference of State Legislatures web post in February, 26 states already permit voters to let someone else submit a ballot for them. Twelve of those states have limits on the number of ballots any one person can collect and return; the Democrats’ bill would not allow such limits.
State proposals
McConnell, arguing that this federal bill is unnecessary, claimed that “states are not engaging in trying to suppress voters, whatsoever.”
Facts First: Since the 2020 election, Republican state legislators around the country have put forward proposals that would make it more difficult to vote. These include stricter identification requirements and reduced access to mail-in ballots, ballot drop boxes, early voting and voter registration.
Here is a Appradab look at what is happening. According to the Brennan Center, the legislatures with the largest number of restrictive bills as of February 19 were in Georgia, Pennsylvania and Arizona, which all flipped from electing Donald Trump in 2016 to Joe Biden in 2020.
Sunday voting in Georgia
Criticizing Republican election proposals in various states, Senate Majority Leader Chuck Schumer, a New York Democrat, said that “the most reprehensible effort of all might be found in Georgia, where Republicans recently passed a bill to eliminate early voting on Sunday. On Sunday, a day when many churchgoing African Americans participate in voter drives known as ‘souls to the polls.’ ”
Facts First: This needs context. The current version of the Georgia Republican bill — which has not been passed into law — does not include a ban on early voting on Sundays. On March 1, however, the Georgia House did pass a Republican bill that would have reduced early Sunday voting. And before that, Georgia Republicans had initially proposed to fully eliminate early voting on Sundays.
State Republicans have now backed away from these initial proposals for weekend reductions, though they are continuing to push voting restrictions of other kinds. They now appear poised to make both Saturdays of the three-week period mandatory for counties — at present, only one Saturday is mandatory — and to give counties the option of allowing early voting on both Sundays.
Voting rights activists say there is an important caveat: The bill does not appear to require any weekend early voting in runoff elections. (Democrats won two Georgia runoffs in January to earn control of the US Senate.) We’ll update this item if we get further information on the bill’s runoff provisions.
— Appradab’s Dianne Gallagher and Kelly Mena contributed to this item.
The ACLU’s position on the US bill
McConnell said, “This bill is such an attack on citizens’ privacy that even the left-wing ACLU opposes this bill.”
Facts First: McConnell has a solid basis for this claim: The American Civil Liberties Union publicly opposed the bill in 2019, warning, among other things, that it would unconstitutionally infringe on “the right to associational privacy.” However, it’s worth noting for context that the ACLU has since softened its stance — saying that while it continues in 2021 to have serious concerns about certain provisions of the bill, it has not “taken a public position opposing the bill” as a whole this year, spokeswoman Gabriela Meléndez Olivera said in an email. ACLU lawyers wrote in an op-ed in The Washington Post this month that they “strongly support many of the critical reforms” contained in the bill but called on legislators to fix certain other provisions.
The ACLU has expressed privacy concerns about a provision that would require the disclosure of the names and addresses of people who donate $10,000 or more to entities that make “campaign-related disbursements.” The ACLU lawyers warned in the op-ed that such disbursements “could include paid political speech that discusses a public issue such as immigrants’ rights, voting rights or reproductive freedom if the communication merely mentions a candidate for public office,” and they said that groups working to advance civil rights through paid communications should not be “deterred from doing so” because of a government-imposed funding disclosure requirement.
The National Disability Rights Network’s position on the bill
Democratic Sen. Amy Klobuchar of Minnesota, the committee chair, entered into the record three letters that she said were in support of the bill. One of them was from the National Disability Rights Network.
Facts First: Klobuchar had a reasonable basis for her claim that the National Disability Rights Network supports the bill; the network sent her and the committee’s top Republican member a letter that called the bill “sorely needed” and said “almost all” of its provisions “will positively impact all voters in America, including voters with disabilities.” However, as with McConnell’s claim about the ACLU, there is nuance here.
The letter also expressed “great concern” about the bill’s requirement for states to use paper ballots, saying that any such mandate would mean “this important reform legislation could disenfranchise many voters with disabilities.” (You can read more here.) Michelle Bishop, the National Disability Rights Network’s voter access and engagement manager, said in an email to Appradab that the organization does not have an overall position in support of or opposition to the bill.
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Anthropology for Liberation
Abortion Rights Movement in the U.S
By Madison Smart
The abortion-rights movement in the United States is aimed to liberate women in a manner that offers secure legal abortion where women are not exposed to criticism and decision-making. This blog aims to discuss the freedom movement in the United States to support abortion rights and to explain their beliefs and desires for women in the United States. I'll address also how abortion rights campaigns can help researchers endorse statements and arguments for the fight against law changes in the United States as well as in other nations and their governing countries in the field of anthropology. Abortion rights in the United States are an incredibly dominated discussion that draws attention from different countries for their constraining and continuing legislative changes. It is important to look at how and why abortion law has changed in order to understand abortion rights movements and to pursue law reform.
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Figure 1: A sign at A March For Life. Photo by Maria Oswalt on Unsplash 
Brief history and background of abortion law in the U.S.
In 1973, Roe v. Wade established the legal right to abortion in the States of America. Since Roe (1973), however, several legislative acts have reduced abortion to a criminalised act, endangering women who claim their right to one. In 2019, the Alabama government passed the most stringent anti-abortion bill in the United States (Zibrat 2019). The Human Life Protection Act, also known as House Bill 314 (HB 314) and the Alabama abortion ban, forbids abortion in all but the most serious circumstances (Berer 2017). It has been designed to protect the lives of future children and women but has not made exceptions to rape or incest cases (Andaya 2019; Zibrat 2019). Following the Alabama abortion ban, several states such as Kentucky, Missouri, Ohio and Mississippi have followed similar "heartbeat rules" banning abortions up to six to eight weeks after a foetal heartbeat has been apparent (Warren 1973). This and new anti-abortion legislation limits women to secure and lawful abortions for their protection.
In the past restrictions on abortions were in place for three valid reasons.
Abortion was risky, and a lot of women were killed by abortionists. Therefore, the laws were meant to protect women in public health — but they tried and sacrificed their lives, as they continue to do today if they have no other choice.
Abortion was seen as a sin or a type of moral transgression, and the legislation was structured to punish and serve as a disincentive.
Abortion in any or all cases was limited to saving foetal life.
These limits are pre-Roe (1973) and are set for very legitimate reasons in order to protect women and the needless danger from abortion or to attempt and procure one (Pollitt 2014). However, since the 1970s, there have been many developments in abortion treatment and procedures to ensure that women are safe, healthy and aware of their actions.
Since abortion procedures have become secure, abortion laws only seek to protect the life of the foetus against the lives of women (Andaya and Mishtal 2017). These rules, when brought into the courts, while there are prosecutions for illegal abortions that cause injury or death, are used much more frequently than not against those who have and offer legal abortions outside the law (Zibrat 2019). Ironically, the rigid rules on abortion are responsible for deaths and millions of injuries to women who cannot afford a safe, illegal abortion (Zibrat 2019). 
The goal of Roe v. Wade was to ensure that women could have access to abortion clinics safely and lawfully or, more importantly, to reproductive health without danger to their lives (Andaya and Mishtal 2017). Abortion as an unlawful procedure put women at risk of getting access to risky abortions in unsafe clinics or even of attempting to force a miscarriage by their means. This pressure on women to remain pregnant despite not wanting or being able to afford it, or even because of serious health risks, puts women at risk in many ways (Berer 2017). Some people need abortions because they can't give the child a safe happy home and they don't want to bring the child through that. Some are worse and are the result of rape, violence and abuse, and despite this, abortion is not permitted (Andaya and Mishtal 2017). Women are limited to reproductive health care and instead are in danger of struggling to get what they need (West 2008). The limits on abortion laws jeopardise women and become more restrictive and endanger basic health care for women.
What the Abortion-rights movements want to achieve
It's really easy. Women should have access to secure and lawful reproductive health services, such as abortion.
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Figure 2: activists and counter-protesters at the March for Life. Photo by Maria Oswalt on Unsplash
Abortion supporters argue that anyone who wants an abortion should have access to safe, effective and affordable abortion. The pro-choice supporters contend that the right to abortion is a fundamental aspect of the body's autonomy and gender equality (Berer 2017; Pollitt 2014). They are fundamental believers in the struggle for reproductive justice and accept that abortion is just one factor, that we have to choose how and when children are to be raised, and those healthy children, cared for and loved must be raised (Berer 2017). In order to do this, supporters of abortion demand a change of the legislation (Pollitt 2014). Like what Roe v. Wade (1973) set out to do, abortion and reproductive health services must be given and made available to women in order to fulfil their personal needs.
All this suggests that there is no legal or public health in the vast and distorted laws that prohibit abortion. What makes abortion safe is easy and unquestionable when it is legally available and ready at the request of a woman and is readily available, affordable and usable. In this regard, there are very few laws in effect that meet these standards in the United States.
Why We Need Abortion Rights.
The law change is required to ensure that abortions are safe, but it is a difficult battle to combat when women are charged and imprisoned for just seeking access to reproductive health. Not only in our society but in order to decriminalise abortion, we need the legislation. If women are afraid of judgement, shame and the danger of abortion under existing law, they are guilty of illegal actions (Pollitt 2014).
But what would it mean to decriminalise abortion? Simply stated, eliminating the apparent legal prohibitions against abortion from the law and amending the law and the laws in place requires the decriminalisation of abortion (Berer 2017). This would mean:
not prosecuting anyone for legal abortion;
not to suing anyone for having an abortion;
not involving the police in investigating or pursuing the provision or practise of safe abortion;
not asking the court to decide if abortion should be legalised;
to treat abortion as any kind of medical care, that is, to use best practise in the delivery of services, to educate practitioners and to establish and implement standardised facts, and to incorporate current regulations for dealing with improper or inadequate procedures.
This action to decriminalise abortion will still be a step forward in establishing healthy and lawful procedures for women to access abortions and health care. Gradual and daunting attempts have been made to move from full criminalization to partial decriminalisation of abortion (Andaya and Mishtal 2017). But why was this so complicated and frustrating? Pregnancy is, among other factors, the safest way to regulate the lives of women. The prevalent presumption that women should embrace "all God's children" is that the foetus is worth more than the individual in whom it depends and that male-dominated culture is quite successful in justifying criminal restrictions (Berer 2017).
Abortion rights activists advocate that all legal barriers and access to safe abortion should be eliminated in a consistent way such that illegal abortion is part of the past (Berer 2017). As a result of successful campaigns, more women are defending abortions and their right to lawful abortions and access to abortions. Also, many other governments have begun to accept that preventive abortion is part of their determination to minimise preventable maternal death (Berer 2017).
There is also a demographic shift that suggests that those most impacted by the restriction of access to abortion are those who have traditionally been marginalised in the US (Andaya and Mishtal 2017). Since women with means can make potentially costly and complicated journeys across county or state borders to get abortions, the burden of unintended pregnancy and unsafe abortion has a disproportionate impact on poor, young, rural and minority women and communities (Berer 2017). Women living in countries or states with few abortion providers may incur increased costs for overnight stays or multiple hospital journeys if therapy or compulsory waiting periods are needed (Dides and Maulhardt 2015). This is particularly costly for women with low financial resources or for those who wish to maintain family and work privacy. Social, economic and health risks are also rising for women who have to continue pregnancy due to their inability to obtain legal abortions (Dides and Maulhardt 2015).
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Figure 3: Keep Your Tiny Hands Off Our Rights. Photo by Chris Boese on Unsplash
The fight for the right to legal abortion is part of a larger struggle for reproductive justice, including not only the right to end unintended pregnancy but also the right of both women and men to raise and care for children in a healthy and secure environment. Owing to a decrease in public support for abortion services in many states, disadvantaged women and men must choose to avoid unwanted pregnancy and pay school fees for themselves or other family members, pay mortgages or feed their families (Berer 2017). However, the same organisations and lawmakers who concentrate on abortion restrictions also often advocate reducing public funding to financially vulnerable women and restricting the use of government funds to subsidise family planning activities (Pollitt 2014).
What can Anthropology do?
There is a long and difficult battle going on to reform the law. In order to guarantee the right to safe abortion, activists like ourselves will need to investigate existing legislation and regulations in their own countries in the areas of political, health, social and socio-cultural realities (if any). We hope that, with the help of our anthropological ethnographic work, we can shed light on the social, economic and moral history of abortion rights (Berer 2017). The greatest challenge is to consider what can be done, create critical mass support, and work with lawyers, parliamentarians, health professionals and women to amend the legislation – to get abortion-seeking unintended pregnancy as soon as possible and at the latest (Kretschmer 2014).
Thus, the study of contemporary abortion policy would provide a focused lens for the entanglement of reproductive and economic imagery in the Americas of the 21st century. The justifications for limiting access to abortion care are often framed in a neoliberal logic that rationalises cuts in social services, including health care, and sees the free market as a solution to a wide range of social problems (West 2008; Berer 2017). This deterioration of the social safety net takes place within the context of an increasingly prevalent philosophy of self-care, in which the "prudent person" takes proactive measures to monitor and mitigate health risks (Berer 2017). Under this heading, discourses of reasonable behaviour, freedom of choice and individual responsibility are often used to portray abortion-seeking women, particularly those in lower socio-economic strata, as unworthy of public funding and support (Andaya and Mishtal 2017).
We are sorely in need of ethnographic data that monitors the effects of restricted access to both contraceptive and abortion treatment through race, ethnicity, class, age and area (Berer 2017). Abortion rates have decreased over the last three decades with improved availability of sexual education and safe and efficient contraceptives The effects of insufficient access to contraceptive and abortion services by race, ethnicity, class, age and region are closely monitored by ethnographic data. In the last 30 years, abortion rates have decreased due to the rising availability of sex education and safe contraceptives (Berer 2017). The emphasis is increasingly on abortion for women who are colourful, immigrant and economically vulnerable and who have less access to essential health and health education services for unaccompanied women (West 2008). Access to abortion studies have been conducted to date; this initiative can be complemented and expanded by anthropologists by providing information on ethnographic analyses of the effect and monitoring of funding restrictions on how women, their families, reproductive rights advocates, health care providers and other stakeholders deal with these issues (Pollitt 2014). These are urgent and anthropologically rich areas.
To conclude…
Abortions are always situational and somewhat dependent on the personal beliefs of each woman, and the pro-choice argument is that every woman should be able to determine for herself. Getting or not having an abortion is a decision that women themselves should be able to make. This right to choose is limited by policies and laws that compel women to be pregnant, despite risks to women and children's health at times. Having laws and regulations, even if it appears to be a positive idea, is an opportunity – as we have seen in the United States of America since Roe v Wade – to introduce more and more limits on abortion and reproductive rights. What we are calling for is for women to have the control over their bodies, because all of these policies do not allow women to have access to safe and legal abortions and reproductive health and thus put them at risk.
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Figure 4: protester at the DNC in Milwaukee holding a megaphone. Photo by Maria Oswalt on Unsplash
Refernces:
Andaya, Elise. 2019. “‘I’m Building a Wall around My Uterus’: Abortion Politics and the Politics of Othering in Trump’s America.” Cultural Anthropology 34 (1): 10–17. https://doi.org/10.14506/ca34.1.03.
Andaya, Elise, and Joanna Mishtal. 2017. “The Erosion of Rights to Abortion Care in the United States: A Call for a Renewed Anthropological Engagement with the Politics Of Abortion | Request PDF.” ResearchGate. 2017. https://www.researchgate.net/publication/301668011_The_Erosion_of_Rights_to_Abortion_Care_in_the_United_States_A_Call_for_a_Renewed_Anthropological_Engagement_with_the_Politics_Of_Abortion.
Berer, Marge. 2017. “Abortion Law and Policy Around the World.” Health and Human Rights 19 (1): 13–27.
Dides, Claudia, and Tessa Maulhardt. 2015. “A Debt of Democracy.” Conscience 36 (1). https://search.proquest.com/openview/4e289ba9995f7670a4cab82d381449a0/1?pq-origsite=gscholar&cbl=26891.
Kretschmer, Kelsy. 2014. “Shifting Boundaries and Splintering Movements: Abortion Rights in the Feminist and New Right Movements.” Sociological Forum 29 (4): 893–915.
Pollitt, Katha. 2014. Pro: Reclaiming Abortion Rights. Picador.
Warren, Mary Anne. 1973. “ON THE MORAL AND LEGAL STATUS OF ABORTION.” The Monist 57 (1): 43–61.
West, Robin. 2008. “From Choice to Reproductive Justice: De-Constitutionalizing Abortion Rights.” Yale Law Journal 118 (7): 1394–1433.
Zibrat, Rachel. 2019. “An Abortion Rights Movement for All.” 2019. https://jacobinmag.com/2019/07/abortion-rights-movement-clinic-defense-strategy.
Photos from various creators on Unsplash. Unsplash is a platform powered by an amazing community that has gifted hundreds of thousands of their own photos to fuel creativity around the world. Beautiful, free images gifted by the world’s most generous community of photographers. Better than any royalty free or stock photos.
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kristinsimmons · 4 years
Text
Even Republicans Want to Outlaw Surprise Medical Billing
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By BOB HERTZ
On  April 3, the Secretary of Health and Human Services, Alex Azar, announced that the federal government would pick up the tab for testing and treating all uninsured Americans for COVID-19.
Azar specifically promised that:
a) hospitals would be paid the same prices they receive for Medicare patients; and
b) hospitals which accept the funds would be barred from sending any additional bills to patients.
Did anyone notice the last detail?  This is a Republican, who is promising to protect the vulnerable.
In the coming months, thousands of COVID-19 patients will be routed through a convoluted web of providers. At various points in their treatment. they will be susceptible to receiving out-of-network care — and the staggering bills that often follow.
COVID-19 patients will rarely have the luxury to choose a network hospital, or lab, or specialist. Often, they will need to be treated at any facility that is still open.
Hospitals will be forced to an all-hands-on-deck approach. Patients may have to stay for weeks, needing labor-intensive staffing and anything but a check in-check out mentality.
A patient can do everything right and still face substantial surprise bills. Take someone who fears that he may have contracted COVID-19. After self-quarantining for a week, he develops severe shortness of breath. His wife rushes him to the nearest in-network emergency room. But he’s actually seen by an out-of-network doctor — who may soon send a hefty bill for the visit. If he needs to visit an out-of-network urgent care center, emergency room, or drive-up testing site, he could face additional out-of-pocket costs. Federal law does not prohibit these providers from balance billing.
Matters get worse if his local in-network hospital is approaching capacity, and he must be sent to a hospital across town with spare beds. If the second hospital is outside his insurance network, he could potentially receive a second surprise bill. A third could come from the ambulance that transfers him — it too might not be in-network, and no one will think to check during a crisis. He could get a fourth surprise bill if his coronavirus tests are sent to an out-of-network lab. And so on.
Usually his insurer will refuse to cover the extra costs, and many of the providers will refuse to negotiate. The bills will go to collection. 
Months later, after media exposure or perhaps a class-action lawsuit, his bill might be dismissed. But that will be too late for his credit score to recover, and it may cause him financial headaches for years.  
Surprise bills are particularly reprehensible during this pandemic, when frightened consumers are forced to either seek health care services or risk transmitting a potentially deadly disease.   
This is an issue that only Washington can fix. Some states have taken steps to protect some of their residents from surprise bills– but this is far from universal. Besides, states are prevented by law from regulating large employer self-funded health plans. If Congress doesn’t act on this, nobody can.
(However. Gov. Ned Lamont of Connecticut did recently announce a superb executive order…)
Here is what we must demand:
During an epidemic, all hospitals and all doctors have to be available without extra charges. Providers cannot be allowed to bill for more than the patient’s network fee schedule allows.
For example, if a patient’s Aetna policy pays $4,000 a day for ICU care at a network hospital, then the charge will also be $4,000 if the patient must use a different non-network facility.
Needless to say, all doctors who practice in a network facility can only bill at network rates. This will regulate the conduct of physicians—especially the ones patients don’t choose themselves. Not coincidentally, surprise bills come far more often from ER doctors, anesthesiologists, radiologists, and pathologists than from cardiologists or internists..
Support for this kind of patient protection is non-partisan. In fact, the conservative Heritage Foundation, has proposed the following laws:
 First, Congress should require healthcare providers to supply a good-faith estimate of the cost of scheduled medical care before it occurs, unless the patient declines an estimate. Providers that refuse to supply an estimate before providing care should not be able to “balance bill” afterward.
 Second, Congress should protect consumers against false and misleading information by establishing penalties for any insurer that falsely represents a facility as being in-network, and for any facility that presents itself as being in-network if doctors balance-bill for services they provide at that facility.
Third, Congress should use existing regulations to ban balance billing for non-network emergency care.
In these limited, emergency situations, Congress should require insurers to pay, and providers to accept, reimbursement rates spelled out in existing federal regulations.
Actually, we came close to having reform last fall. As described by Daniel Block in the April-May-June issue of Washington Monthly, House and Senate committees announced a deal to at least limit surprise bills on December 8. The insurance industry endorsed it. So did consumer advocates. The White House quickly signaled support and pushed for its inclusion in a must-pass December 20 spending package.
But over the next 48 hours, hospitals and doctors’ groups came out against the proposal. In the Senate, Minority Leader Chuck Schumer reportedly signaled that he was uncomfortable pushing forward with the bill. Richard Neal and Kevin Brady, the top Democrat and Republican on the powerful House Ways and Means Committee, put out their own surprise billing proposal. It was a classic legislative maneuver designed to derail progress.
It succeeded. Congress did nothing. The December 20 deadline came and went.
Again in March, with the huge CARES Act being formed, surprise billing could have been stopped.
But the day before the CARES vote, word spread among lawmakers and lobbyists: Despite an active push, surprise billing reform language had not made it into the final version of the Act.
“Let’s be clear about what is happening,” Jon Walker of The Intercept has tweeted. “Democrats pretend they want to improve healthcare and when they have a chance they take the side of wealthy for-profit companies with the most ghoulish business practices imaginable.”
Actually, acccording to some legal scholars,  we should not even need new legislation. Surprise billing is already illegal, they claim, and states’ attorneys generals could be invalidating those bills right now.
A superb summary appeared in the American Journal of Managed Care — April 2017 – 
Our key motivation is that mutual assent is at the core of commercial transactions. Chargemaster and out-of-network prices, in contrast, are prices that neither patients nor payers accepted in advance nor are they prices to which payers would ever assent.  Instead, the law entitles providers, as one court ruled, to “the average amount that [the provider] would have accepted as full payment from third-party payers such as private insurers and federal healthcare programs.” The law therefore entitles providers to collect no more than prevailing negotiated market prices for any OON services.
Providers have no legal authority to collect charges that exceed market prices for OON services, and thus neither patients nor payers are under any obligation to pay such chargemaster prices. Consistent efforts to enforce this interpretation of contract law would go far in addressing abuses. Moreover, judges, public law enforcement officials, and private attorneys can use this interpretation to combat abusive or harassing efforts that providers pursue to collect such charges. And, perhaps most important, payers that form narrow provider networks can be confident that they will not have to pay extortive prices if their insureds require emergency OON care.                
Billing patients for prices that they did not agree to—prices that no one would ever agree to—and then demanding payment, often through collection services, is abusive.
We reviewed contract law and examined the law’s handling of cases where prices have not been specified in advance, which are the controlling authority to guide courts in disputes over surprise and out of network billing problems, and found that providers have no real legal authority to collect inflated bills, Courts are divided in their rulings on this issue, not because they disagree with our legal analysis, but because they don’t understand how medical bills really work.
We urge state attorneys general to challenge provider claims for charges on behalf of vulnerable patients.  Patients and their attorneys can also challenge these claims directly, without waiting for delayed and cumbersome legislations or regulations. Courts can also support judges administratively to help them reach a reasonable and uniform definition of ’market price’ for their jurisdiction that would end these practices immediately.
For more details, see:
Battling the Chargemaster: A Simple Remedy to Balance Billing for Unavoidable Out-of-Network Care. Barak D. Richman, JD, PhD; Nick Kitzman, JD; Arnold Milstein, MD, MPH; and Kevin A. Schulman, MD
Conclusion
Surprise billing is generally not a problem with Medicare or Medicaid.
But for others under age 65, we need new regulations which must be non-negotiable. State health departments must be empowered to cancel overcharges, which will still occur despite regulations.
If we can establish reforms now, in a time of crisis, the new laws have a chance to be permanent when the crisis is over. For now, we must:
Immediately ban providers from sending balance bills for out-of-network health care services related to the coronavirus.
Require insurers to make a payment for these services on a timely basis and limit the patient’s responsibility to in-network cost-sharing or no cost-sharing to the extent that is required under other emergency provisions. In addition, plans would apply in-network deductibles and maximum out-of-pocket limits to health care services related to the coronavirus.
Create a payment standard, based on Medicare rates, to specify the amount owed by the insurer to the out-of-network provider.
Bob Hertz is a retired insurance broker. He learned about health care from Uwe Reinhardt, Joseph White, Dr. Robert Evans, and George Halvorson a fellow Minnesotan.
The post Even Republicans Want to Outlaw Surprise Medical Billing appeared first on The Health Care Blog.
Even Republicans Want to Outlaw Surprise Medical Billing published first on https://wittooth.tumblr.com/
0 notes
lauramalchowblog · 4 years
Text
Even Republicans Want to Outlaw Surprise Medical Billing
Tumblr media
By BOB HERTZ
On  April 3, the Secretary of Health and Human Services, Alex Azar, announced that the federal government would pick up the tab for testing and treating all uninsured Americans for COVID-19.
Azar specifically promised that:
a) hospitals would be paid the same prices they receive for Medicare patients; and
b) hospitals which accept the funds would be barred from sending any additional bills to patients.
Did anyone notice the last detail?  This is a Republican, who is promising to protect the vulnerable.
In the coming months, thousands of COVID-19 patients will be routed through a convoluted web of providers. At various points in their treatment. they will be susceptible to receiving out-of-network care — and the staggering bills that often follow.
COVID-19 patients will rarely have the luxury to choose a network hospital, or lab, or specialist. Often, they will need to be treated at any facility that is still open.
Hospitals will be forced to an all-hands-on-deck approach. Patients may have to stay for weeks, needing labor-intensive staffing and anything but a check in-check out mentality.
A patient can do everything right and still face substantial surprise bills. Take someone who fears that he may have contracted COVID-19. After self-quarantining for a week, he develops severe shortness of breath. His wife rushes him to the nearest in-network emergency room. But he’s actually seen by an out-of-network doctor — who may soon send a hefty bill for the visit. If he needs to visit an out-of-network urgent care center, emergency room, or drive-up testing site, he could face additional out-of-pocket costs. Federal law does not prohibit these providers from balance billing.
Matters get worse if his local in-network hospital is approaching capacity, and he must be sent to a hospital across town with spare beds. If the second hospital is outside his insurance network, he could potentially receive a second surprise bill. A third could come from the ambulance that transfers him — it too might not be in-network, and no one will think to check during a crisis. He could get a fourth surprise bill if his coronavirus tests are sent to an out-of-network lab. And so on.
Usually his insurer will refuse to cover the extra costs, and many of the providers will refuse to negotiate. The bills will go to collection. 
Months later, after media exposure or perhaps a class-action lawsuit, his bill might be dismissed. But that will be too late for his credit score to recover, and it may cause him financial headaches for years.  
Surprise bills are particularly reprehensible during this pandemic, when frightened consumers are forced to either seek health care services or risk transmitting a potentially deadly disease.   
This is an issue that only Washington can fix. Some states have taken steps to protect some of their residents from surprise bills– but this is far from universal. Besides, states are prevented by law from regulating large employer self-funded health plans. If Congress doesn’t act on this, nobody can.
(However. Gov. Ned Lamont of Connecticut did recently announce a superb executive order…)
Here is what we must demand:
During an epidemic, all hospitals and all doctors have to be available without extra charges. Providers cannot be allowed to bill for more than the patient’s network fee schedule allows.
For example, if a patient’s Aetna policy pays $4,000 a day for ICU care at a network hospital, then the charge will also be $4,000 if the patient must use a different non-network facility.
Needless to say, all doctors who practice in a network facility can only bill at network rates. This will regulate the conduct of physicians—especially the ones patients don’t choose themselves. Not coincidentally, surprise bills come far more often from ER doctors, anesthesiologists, radiologists, and pathologists than from cardiologists or internists..
Support for this kind of patient protection is non-partisan. In fact, the conservative Heritage Foundation, has proposed the following laws:
 First, Congress should require healthcare providers to supply a good-faith estimate of the cost of scheduled medical care before it occurs, unless the patient declines an estimate. Providers that refuse to supply an estimate before providing care should not be able to “balance bill” afterward.
 Second, Congress should protect consumers against false and misleading information by establishing penalties for any insurer that falsely represents a facility as being in-network, and for any facility that presents itself as being in-network if doctors balance-bill for services they provide at that facility.
Third, Congress should use existing regulations to ban balance billing for non-network emergency care.
In these limited, emergency situations, Congress should require insurers to pay, and providers to accept, reimbursement rates spelled out in existing federal regulations.
Actually, we came close to having reform last fall. As described by Daniel Block in the April-May-June issue of Washington Monthly, House and Senate committees announced a deal to at least limit surprise bills on December 8. The insurance industry endorsed it. So did consumer advocates. The White House quickly signaled support and pushed for its inclusion in a must-pass December 20 spending package.
But over the next 48 hours, hospitals and doctors’ groups came out against the proposal. In the Senate, Minority Leader Chuck Schumer reportedly signaled that he was uncomfortable pushing forward with the bill. Richard Neal and Kevin Brady, the top Democrat and Republican on the powerful House Ways and Means Committee, put out their own surprise billing proposal. It was a classic legislative maneuver designed to derail progress.
It succeeded. Congress did nothing. The December 20 deadline came and went.
Again in March, with the huge CARES Act being formed, surprise billing could have been stopped.
But the day before the CARES vote, word spread among lawmakers and lobbyists: Despite an active push, surprise billing reform language had not made it into the final version of the Act.
“Let’s be clear about what is happening,” Jon Walker of The Intercept has tweeted. “Democrats pretend they want to improve healthcare and when they have a chance they take the side of wealthy for-profit companies with the most ghoulish business practices imaginable.”
Actually, acccording to some legal scholars,  we should not even need new legislation. Surprise billing is already illegal, they claim, and states’ attorneys generals could be invalidating those bills right now.
A superb summary appeared in the American Journal of Managed Care — April 2017 – 
Our key motivation is that mutual assent is at the core of commercial transactions. Chargemaster and out-of-network prices, in contrast, are prices that neither patients nor payers accepted in advance nor are they prices to which payers would ever assent.  Instead, the law entitles providers, as one court ruled, to “the average amount that [the provider] would have accepted as full payment from third-party payers such as private insurers and federal healthcare programs.” The law therefore entitles providers to collect no more than prevailing negotiated market prices for any OON services.
Providers have no legal authority to collect charges that exceed market prices for OON services, and thus neither patients nor payers are under any obligation to pay such chargemaster prices. Consistent efforts to enforce this interpretation of contract law would go far in addressing abuses. Moreover, judges, public law enforcement officials, and private attorneys can use this interpretation to combat abusive or harassing efforts that providers pursue to collect such charges. And, perhaps most important, payers that form narrow provider networks can be confident that they will not have to pay extortive prices if their insureds require emergency OON care.                
Billing patients for prices that they did not agree to—prices that no one would ever agree to—and then demanding payment, often through collection services, is abusive.
We reviewed contract law and examined the law’s handling of cases where prices have not been specified in advance, which are the controlling authority to guide courts in disputes over surprise and out of network billing problems, and found that providers have no real legal authority to collect inflated bills, Courts are divided in their rulings on this issue, not because they disagree with our legal analysis, but because they don’t understand how medical bills really work.
We urge state attorneys general to challenge provider claims for charges on behalf of vulnerable patients.  Patients and their attorneys can also challenge these claims directly, without waiting for delayed and cumbersome legislations or regulations. Courts can also support judges administratively to help them reach a reasonable and uniform definition of ’market price’ for their jurisdiction that would end these practices immediately.
For more details, see:
Battling the Chargemaster: A Simple Remedy to Balance Billing for Unavoidable Out-of-Network Care. Barak D. Richman, JD, PhD; Nick Kitzman, JD; Arnold Milstein, MD, MPH; and Kevin A. Schulman, MD
Conclusion
Surprise billing is generally not a problem with Medicare or Medicaid.
But for others under age 65, we need new regulations which must be non-negotiable. State health departments must be empowered to cancel overcharges, which will still occur despite regulations.
If we can establish reforms now, in a time of crisis, the new laws have a chance to be permanent when the crisis is over. For now, we must:
Immediately ban providers from sending balance bills for out-of-network health care services related to the coronavirus.
Require insurers to make a payment for these services on a timely basis and limit the patient’s responsibility to in-network cost-sharing or no cost-sharing to the extent that is required under other emergency provisions. In addition, plans would apply in-network deductibles and maximum out-of-pocket limits to health care services related to the coronavirus.
Create a payment standard, based on Medicare rates, to specify the amount owed by the insurer to the out-of-network provider.
Bob Hertz is a retired insurance broker. He learned about health care from Uwe Reinhardt, Joseph White, Dr. Robert Evans, and George Halvorson a fellow Minnesotan.
The post Even Republicans Want to Outlaw Surprise Medical Billing appeared first on The Health Care Blog.
Even Republicans Want to Outlaw Surprise Medical Billing published first on https://venabeahan.tumblr.com
0 notes
patriotsnet · 3 years
Text
How Many Republicans Voted For Daca
New Post has been published on https://www.patriotsnet.com/how-many-republicans-voted-for-daca/
How Many Republicans Voted For Daca
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Arkansas Republicans Help Give Professional Licenses To Illegal Aliens
Republicans say there won’t be a DACA vote this week. How will Democrats respond?
Arkansas Republicans, including Gov. Asa Hutchinson , have helped secure professional licenses for illegal aliens enrolled in former President Obamas Deferred Action for Childhood Arrivals program thanks to the passage of new state law.
The law, which took effect July 1, will now allow the states nearly 5,000 DACA illegal aliens, along with illegal aliens who hold federal government-issued work permits, to obtain professional licenses to hold jobs in education and healthcare, among other industries.
Hutchinson said all of Arkansas benefits when DACA illegal aliens can obtain professional licenses to take jobs in the state. Only State Sen. Trent Garner and;State Reps. Joshua Bryant , Bruce Cozart , and Gayla;McKenzie voted against the legislation.
The passing of this law was a special moment in Arkansas history, Hutchinson said.
Arkansas Nonprofit News Network reports:
Arkansas Republicans passage of professional licenses for DACA illegal aliens comes after the sanctuary state of Colorado passed similar legislation this year with lobbying from Facebook CEO Mark Zuckerbergs FWD.us group.
Likewise, New Jersey;passed;similar legislation last year, and illegal aliens in the state are now applying for and receiving professional licenses.
John Binder is a reporter for Breitbart News. Email him at [email protected]. Follow him on Twitter;here.;
Forced Daca Vote May Happen In June
When members of Congress departed for the Memorial Day break, a small group of pro-immigration Republican members felt confident they could get the necessary 218 votes on a discharge petition that would force a vote on a DACA bill. At last count, if all Democrats sign-on, the count stood at 215 just before the break. They feel they have the 218.
There are two key dates for a discharge: June 11 and June 25. Once a bill reaches the 218, it has to wait for seven legislative days and then can only be voted on the second and fourth Mondays of the month when the House is in session. That means under the current schedule the only opportunity will be Monday June 25th and Monday July 23rd. There would have to be the 218 signatures by at least June 11th or July 9th.
One of CWLAâs key talking points from the recent Hill Day visits is to get Congress to act on DREAMERS legislation. The Dreamers Act or Development, Relief, and Education for Alien Minors Act of 2017 would grant DACA beneficiaries permanent resident status on a conditional basis.
Put Every Senator On The Record: Do You Support Daca Or Not
Damian Dovarganes / AP
In this Sept. 1, 2017 file photo, Loyola Marymount University student and a DACA recipient Maria Carolina Gomez joins a rally in support of the Deferred Action for Childhood Arrivals, or DACA program, outside the Edward Roybal Federal Building in Los;Angeles.
Tuesday, July 27, 2021 | 2 a.m.
View more of the Sun’s opinion section
Write a letter to the editor
Congressional Republicans have come up with all sorts of ways to dodge responsibility to protect Americas Dreamers, while hypocritically claiming they support the protections offered under the Deferred Action for Childhood Arrivals program.
Some of these GOP extremists blame their Democratic counterparts for packaging DACA with immigration measures they say are too lenient. Some say they cant approve DACA without it being coupled with more stringent legislation to secure the border. Some contend its irresponsible to consider a pathway to citizenship for any immigrants during the current surge in border crossings.
But with all eyes on Congress following the recent legal ruling against DACA, and with the House having already approved protections, its time for Senate Democrats to hold the Republicans feet to the fire on the issue by doing an up-or-down vote on DACA alone.
Americans have had enough of this ping-ponging on DACA. As shown unfailingly in polling, Americans across the political spectrum fervently support a pathway to citizenship for the Dreamers.
And why wouldnt they?
Don’t Miss: What Republicans Are Voting Against Trump
What Has Changed In The Two Years Since The Senate Voted Down Daca Legislation
Two years ago this week, the Senate voted on four different immigration billsthree that proposed permanent fixes for Dreamers and one on sanctuary cities. Each failed to reach the 60-vote threshold for passage. Later this year, the Supreme Court is expected to rule with the Trump administration in favor of terminating the DACA program, ultimately triggering a chaotic election-year fight over Dreamers, immigration reform, and border security.;
Much has changed in the 735 days since the Senate last took up this contentious issue, but advancing a DACA deal still remains unlikely. Here are five developments to the politics and policy around DACA since the last showdown in the upper chamber.;
Can Daca Recipients Vote
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People granted DACA status do not have the same rights as U.S. citizens when it comes to taking part in elections. They are considered permanent residents living in the U.S. with a green card; hence they are non-U.S. citizens. They also have the ability to obtain scholarships to pay for an education in the U.S.
Barring only a few states, DACA recipients and immigrants holding other statuses are not allowed to cast their votes in federal elections. Some states and municipalities that allow DACA recipients to vote include Chicago and San Francisco, among others. If theyre undocumented immigrants, then voting is entirely prohibited.
You May Like: Why Do Republicans Like Donald Trump
Hold Your Own Hearings
You can share personal stories that reflect the importance of DACA and how it has helped you. People will be more receptive to such messages than blunt political ads. In fact, many teenagers and adults who benefited from DACA are sharing their own stories of how it changed their lives. And these stories are circulating on the Internet, inspiring millions.
How Can Dreamers Get Their Voices Heard At The Polls
Even though they cannot cast their vote in the elections, all is not lost for DACA recipients. Nearly 700,000 people are living in the U.S. with DACA status. So changing or abandoning a policy on which so many people rely is not an easy undertaking.
Some of the DACA recipients are taking things into their own hands and trying their best to keep DACA intact. While this may not be directly effective, it is certainly a way for them to try to make an impact this election season.
Recommended Reading: Are There More Democrats Or Republicans In The Senate
What Are The Big Concerns Facing Dreamers This Election
Elections are always important to a country, and most importantly, to its people. These people are both citizens and non-citizens, each with their own hopes and concerns for the election. DACA recipients look forward to the upcoming 2020 election with anticipation.
The DACA policy first came into effect in 2012, and within the last eight years, it has undergone a roller coaster ride of policy shifts. 2020 is going to be no different, and there are some big concerns looming for DACA status holders. Among all the major concerns, the most important ones for these non-citizens are:
How Can They Force A Vote
What Republicans want from a DACA deal
Moderate Republicans are using a rarely-used and rarely-successful procedural maneuver called a discharge petition. Stick with me: A discharge petition forces a vote by the whole House of Representatives on specific bill or bills. In this specific instance, this petition would force a vote as early as June on four different immigration plans. This would bypass going through committee and whole array of other roadblocks Republicans leaders could typically use to stop legislation they dont like.
Read Also: Are There More Republicans Or Democrats In The Senate
Republicans Split Up: Tillis And Cornyn Pushing For Amnesty For Daca Recipients Betraying Americans Again
Republican donors and Republican voters are about ready to get a divorce over some critical issues, like Amnesty, which is hugely unpopular with the Voters and highly favorable with the donors.
Some Republicans can not stop themselves from lying to their voters and pushing for far-left policies like Amnesty for DACA recipients.;
Most Republicans support DACA. As do these Republican Members of Congress and former members: Paul Ryan, Lindsey Graham, Chuck Grassley, John Coryn, Thom Tillis, Adam Kinzinger, Leonard Lance, Carlos Curbelo, Jeff Flake, Mike Coffman, Ileana Ros-Lehinen, Will Hurd, Jeff Dedham
Whatever
According to many of his constituents, Thom Tillis from North Carolina is one of the most deceitful people on the Hill on immigration issues. So is John Cornyn. Together they have devised another Amnesty scheme that represents donors and not voters.;
According to the Center for Immigration Studies, Cornyn and Tillis are pushing for things that will make them some money but which their constituents will not be happy about:
In making their case, the Republican senators stated that there is no clear and politically viable path forward for the American Dream and Promise Act, which would amnesty at least 4.4 million illegal aliens, and that a narrower bill is more viable.;
According to U.S. Citizenship and Immigration Services;data, there are approximately 616,030 illegal aliens who are active DACA recipients.
House Votes To Give Millions Of Dreamers And Farmworkers A Path To Citizenship
Democrats vowed the votes would be the first step toward enacting President Bidens immigration agenda. But Republicans galvanized by border politics promised to stop even the most popular measures.
By Nicholas Fandos
The Democratic-led House voted on Thursday to create a path to citizenship for an estimated four million undocumented immigrants, reopening a politically charged debate over the nations broken immigration system just as President Biden confronts a growing surge of migrants at the border.
In a near party-line vote of 228 to 197, the House first moved to set up a permanent legal pathway for more than 2.5 million undocumented immigrants, including those brought to the United States as children, known as Dreamers, and others granted Temporary Protected Status for humanitarian reasons. Just nine Republicans voted yes.
Hours later, lawmakers approved a second measure with more bipartisan backing that would eventually grant legal status to close to a million farmworkers and their families while updating a key agricultural visa program. This time, 30 Republicans, many representing agriculture-heavy districts, joined nearly every Democrat to vote in favor.
In moving swiftly to consider both bills, House leaders wagered that singling out relatively narrow but publicly popular immigration fixes could shake up a deadlocked policy debate after years of failed attempts at more comprehensive immigration legislation and deliver for a key constituency.
Recommended Reading: Who Controls The House Of Representatives Republicans Or Democrats
Senator Charles Grassley On Daca
Senate Judiciary Committee Chairman Senator Charles Grassley has been a supporter of DACA for awhile, and this support largely comes from his belief in the e-Verify system. Mr. Grassley has said that all employers should be required to use the E-verify system in order to check on a potential employees working eligibility, for a system like this would make deportation of criminals easier and it would as well speed up deportation of asylum seekers who are unable to support their claims.
Republicans And Democrats Remain Divided On Fate Of Daca
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EmbedEmbed
As the White House may be inching closer to a deal that will decide the fate of 800,000 DACA recipients, Congresswoman Linda Sanchez shares her viewpoint on the current negotiations.
MICHEL MARTIN, HOST:
We’re going to start the program today talking about new tensions around the program known as DACA, short for Deferred Action for Childhood Arrivals. That’s an Obama era rule that allows undocumented immigrants who came to the United States as children to apply for protection from deportation. The Trump administration has said it wants to cancel the program in six months.
But President Trump met with Democratic leaders Chuck Schumer and Nancy Pelosi last week. And they reportedly agreed to work together to protect DACA recipients somehow. Until they come up with an actual plan, though, some 800,000 young people remain in limbo. And we will hear from one of those young people in just a few minutes.
But first, to the tensions. Neither President Trump supporters nor many of the Democratic lawmakers are pleased that the two are moving ahead on a deal without consulting with their respective bases. Joining us on the line to talk about this is Congresswoman Linda Sanchez, Democrat of California. She’s the former chair of the Congressional Hispanic Caucus. And she’s now vice chairwoman of the House Democratic Caucus. Congresswoman, thank you so much for speaking with us.
LINDA SANCHEZ: Yeah. It’s great to be with you.
SANCHEZ: Yeah, my pleasure.
Read Also: Do Republicans Support Same Sex Marriage
Four Immigration Bills Were Put On The Senate Floor And Four Bills Failed
The Senate voted on four immigration bills on Thursday afternoon; they needed 60 votes to advance. Each of the bills, from the most conservative to the most liberal, failed.
First up was a plan by Sens. Chris Coons and John McCain . The Coons-McCain bill would have:
Provided a path to citizenship for 1.8 million undocumented immigrants who came to the country as children
Offered no money for Trumps border wall, though it did include some border security measures
It failed 52 to 47, with Democrats almost united in favor and Republicans mostly voting against it.
What it means:The failure of the Coons-McCain plan underlined that with the Republicans controlling every lever of power in Washington, a bill without any funding for Trumps infamous border wall is a nonstarter.
The second vote, on an amendment from Sen. Pat Toomey , did not actually address DACA or border security. The Toomey amendment would have penalized so-called sanctuary cities that refuse to enforce federal immigration policy, by withholding federal funding from those municipalities. The issue has been a fixation for Trump and some of the conservative hardliners in Congress.
It failed 54 to 45. Republicans and a few Democrats supported it, but most Democrats were opposed.
Provided a path to citizenship for 1.8 million undocumented immigrants who came to the country as children
Offered $25 billion for border security
Prevented DACA recipients from sponsoring their parents for legal status
Its Time: As Congress Debates Citizenship Legislation Yet Again A Daca Recipient Grows Frustrated
Patients sometimes look up at Javier Quiroz, an acute-care nurse in one of Houstons busiest hospitals, and ask if he is in the United States legally.
No, he says.
Then he tells them about the journey that has never ended. He crossed the U.S.-Mexico border at age 3 and, nearly three decades later, is among 11;million undocumented immigrants rooted inside the United States without a permanent legal claim to this country.
Quiroz is a foreigner with a Tennessee accent, a registered nurse who paid his way through college and then fought to save lives in a pandemic that nearly took his father and infected him, his wife and their baby girl.
He has watched Congress debate his future for decades, but a bill that would offer him U.S. citizenship has never reached the presidents desk.
With Congress set to return to Washington on Monday, Democratic congressional leaders say legislation establishing such pathways ranks as one of their top priorities. But progress has been stymied, both by uncertain Democratic support and Republican recalcitrance amid an influx of migrants crossing the southwest border, following the same path Quiroz once took.
Failure is not an option, Schumer wrote to colleagues, saying they would address immigration and a host of other measures when the recess ends Monday.
Also Check: How Many Republicans Voted Against Budget
The Daca Population Numbers
787
President Donald Trump said he has heard varying numbers on the DACA population from 650,000 to 3 million. In fact, the U.S. Citizenship and Immigration Services said there were 689,800 active DACA recipients as of Sept. 4, 2017.
DACA, which stands for Deferred Action for Childhood Arrivals, was instituted in 2012 under the Obama administration and enabled certain individuals who had come to the United States illegally as children to avoid deportation proceedings and obtain work authorization for two years, subject to renewal. The Trump administration announced an end to the DACA program on Sept. 5, 2017, saying no new applications would be accepted and a wind-down would occur for current enrollees.
Congress is negotiating a deal on what to do about DACA before a March 5 deadline set by the president. A bipartisan group of lawmakers met with the president to discuss immigration on Jan. 9, and the following day, Trump said in a cabinet meeting that they had agreed to pursue four major areas yesterday of reform: securing our border, including, of course, the wall which has always been included, it never changed; ending chain migration; canceling the visa lottery; and addressing the status of the DACA population. He then rattled off a few different numbers on the DACA recipients.
Now, lets look at the figures the president mentioned on the DACA population.
Legal Immigration Is Now The Real Hurdle To A Senate Deal On Daca
Republicans push for vote on Trump’s proposal to end shutdown
Even with the failed votes, there was little disagreement among the various plans on two major issues: the DACA recipients themselves and border security funding.
Every major plan from the Grassley/Trump proposal to McCain-Coons would have provided a path to citizenship for young people in the United States who are eligible for DACA. An estimated 1.3 to 1.8 million people who had been brought to the country illegally as children would have received protections under that provision.
On border security, the disagreement was lesser Democrats werent eager to give Trump his wall, but they did appear willing to fund it to save DACA. The White House wanted $25 billion, and the Grassley bill gave it to them. So did the latest bipartisan Common Sense compromise.
The real disagreement, then, came down to legal immigration. The White House wanted substantial legal immigration cuts through changes to family-based migration and the diversity visa program. Those provisions were incorporated into the Grassley plan, but it had trouble mustering even universal Republican support.
Now, senators will return to their home states, having done nothing yet again to solve the DACA crisis.
Will you support Voxs explanatory journalism?
Don’t Miss: Why Do Republicans Want To Get Rid Of The Epa
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iimalex · 5 years
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May 24, 2019: The Department of Health and Human Services published a proposed rule that would remove all recognition that federal law prohibits transgender patients from discrimination in health care. Courts across the nation have ruled otherwise.
May 22, 2019: The Department of Housing and Urban Development (HUD) announced a plan to gut regulations prohibiting discrimination against transgender people in HUD-funded homeless shelters.
May 14, 2019: President Trump announced his opposition to the Equality Act (H.R. 5), the federal legislation that would confirm and strengthen civil rights protections for LGBTQ Americans and others.
May 2, 2019: The Department of Health and Human Services published a final rule encouraging hospital officials, staff, and insurance companies to deny care to patients, including transgender patients, based on religious or moral beliefs. This vague and broad rule was immediately challenged in court.
April 12, 2019: The Department of Defense put President Trump’s ban on transgender service members into effect, putting service members at risk of discharge if they come out or are found out to be transgender.
March 13, 2019: The Department of Defense laid out its plans for implementing its ban on transgender troops, giving an official implementation date of April 12.
January 23, 2019: The Department of Health & Human Services' Office of Civil Rights granted an exemption to adoption and foster care agencies in South Carolina, allowing religiously-affiliated services to discriminate against current and aspiring LGBTQ caregivers.
November 23, 2018: The U.S. Office of Personnel Management (OPM) erased critical guidance that helped federal agency managers understand how to support transgender federal workers and respect their rights, replacing clear and specific guidance reflecting applicable law and regulations with vaguely worded guidance hostile to transgender workers. While this guidance change did not change the rights of transgender federal workers under applicable law, regulations, Executive Orders, and case law, it is likely to cause confusion and promote discrimination within the nation's largest employer.
August 10, 2018: The Department of Labor released a new directive for Office of Federal Contract Compliance Programs (OFCCP) staff encouraging them to grant broad religious exemptions to federal contractors with religious-based objections to complying with nondiscrimination laws. It also deleted material from an OFCCP FAQ on LGBT nondiscrimination protections that previously clarified the limited scope of allowable religious exemptions.
June 11, 2018: Attorney General Jeff Sessions ruled that the federal government would no longer recognized gang violence or domestic violence as grounds for asylum, adopting a legal interpretation that could lead to rejecting most LGBT asylum-seekers.
May 11, 2018: The Bureau of Prisons in the Department of Justice adopted an illegal policy of almost entirely housing transgender people in federal prison facilities that match their sex assigned at birth, rolling back existing protections.
March 23, 2018: The Trump Administration announced an implementation plan for its discriminatory ban on transgender military service members.
February 18, 2018: The Department of Education announced it will summarily dismiss complaints from transgender students involving exclusion from school facilities and other claims based solely on gender identity discrimination.
January 26, 2018: The Department of Health and Human Services proposed a rule that encourages medical providers to use religious grounds to deny treatment to transgender people, people who need reproductive care, and others.
January 18, 2018: The Department of Health and Human Services' Office of Civil Rights opened a "Conscience and Religious Freedom Division" that will promote discrimination by health care providers who can cite religious or moral reasons for denying care.
December 14, 2017: Staff at the Centers for Disease Control and Prevention were instructed not to use the words “transgender,” “vulnerable,” “entitlement,” “diversity,” “fetus,” “evidence-based,” and “science-based” in official documents.
October 6, 2017: The Justice Department released a sweeping "license to discriminate" allowing federal agencies, government contractors, government grantees, and even private businesses to engage in illegal discrimination, as long as they can cite religious reasons for doing so.
October 5, 2017: The Justice Department released a memo instructing Department of Justice attorneys to take the legal position that federal law does not protect transgender workers from discrimination.
September 7, 2017: The Justice Department filed a legal brief on behalf of the United States in the U.S. Supreme Court, arguing for a constitutional right for businesses to discriminate on the basis of sexual orientation and, implicitly, gender identity.
August 25, 2017: President Trump released a memo directing Defense Department to move forward with developing a plan to discharge transgender military service members and to maintain a ban on recruitment.
July 26, 2017: President Trump announced, via Twitter, that "the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military."
July 26, 2017: The Justice Department filed a legal brief on behalf of the United States in the U.S. Court of Appeals for the Second Circuit, arguing that the 1964 Civil Rights Act does not prohibit discrimination based on sexual orientation or, implicitly, gender identity.
June 14, 2017: The Department of Education withdrew its finding that an Ohio school district discriminated against a transgender girl. The Department gave no explanation for withdrawing the finding, which a federal judge upheld.
May 2, 2017: The Department of Health and Human Services (HHS) announced a plan to roll back regulations interpreting the Affordable Care Act’s nondiscrimination provisions to protect transgender people.
April 14, 2017: The Justice Department abandoned its historic lawsuit challenging North Carolina’s anti-transgender law. It did so after North Carolina replaced HB2 with a different anti-transgender law known as “HB 2.0.”
April 4, 2017: The Departments of Justice and Labor cancelled quarterly conference calls with LGBT organizations; on these calls, which had happened for years, government attorneys shared information on employment laws and cases.
March 31, 2017: The Justice Department announced it would review (and likely seek to scale back) numerous civil rights settlement agreements with police departments. These settlements were put in places where police departments were determined to be engaging in discriminatory and abusive policing, including racial and other profiling. Many of these agreements include critical protections for LGBT people.
March 2017: The Department of Housing and Urban Development (HUD) removed links to four key resource documents from its website, which informed emergency shelters on best practices for serving transgender people facing homelessness and complying with HUD regulations.
March 28, 2017: The Census Bureau retracted a proposal to collect demographic information on LGBT people in the 2020 Census.
March 24, 2017: The Justice Department cancelled a long-planned National Institute of Corrections broadcast on “Transgender Persons in Custody: The Legal Landscape.”
March 13, 2017: The Department of Health and Human Services (HHS) announced that its national survey of older adults, and the services they need, would no longer collect information on LGBT participants. HHS initially falsely claimed in its Federal Register announcement that it was making “no changes” to the survey.
March 13, 2017: The State Department announced the official U.S. delegation to the UN’s 61st annual Commission on the Status of Women conference would include two outspoken anti-LGBT organizations, including a representative of the Center for Family and Human Rights (C-FAM): an organization designated as a hate group by the Southern Poverty Law Center.
March 10, 2017: The Department of Housing and Urban Development (HUD) announced it would withdraw two important agency-proposed policies designed to protect LGBT people experiencing homelessness. One proposed policy would have required HUD-funded emergency shelters to put up a poster or "notice" to residents of their right to be free from anti-LGBT discrimination under HUD regulations.
The other announced a survey to evaluate the impact of the LGBTQ Youth Homelessness Prevention Initiative, implemented by HUD and other agencies over the last three years. This multi-year project should be evaluated, and with this withdrawal, we may never learn what worked best in the project to help homeless LGBTQ youth.
March 8, 2017: Department of Health and Human Services (HHS) removed demographic questions about LGBT people that Centers for Independent Living must fill out each year in their Annual Program Performance Report. This report helps HHS evaluate programs that serve people with disabilities.
March 2, 2017: The Department of Justice abandoned its request for a preliminary injunction against North Carolina’s anti-transgender House Bill 2, which prevented North Carolina from enforcing HB 2. This was an early sign that the Administration was giving up defending trans people (later, on April 14, it withdrew the lawsuit completely).
March 1, 2017: The Department of Justice took the highly unusual step of declining to appeal a nationwide preliminary court order temporarily halting enforcement of the Affordable Care Act’s nondiscrimination protections for transgender people. The injunction prevents HHS from taking any action to enforce transgender people's rights from health care discrimination.
February 22, 2017, 2017: The Departments of Justice and Education withdrew landmark 2016 guidance explaining how schools must protect transgender students under the federal Title IX law.
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freelancesumandas · 5 years
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Duties that you owe to your spouse in marriage
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Family Attorney Houston: A lot of prospective clients that come in for a free consultation with one of the licensed family law attorneys with the Law Office of Bryan Fagan, PLLC will do so with questions about their marriage. These folks are not necessarily looking to file for divorce but want to know whether or not an expectation that he or she has regarding their spouse specifically and marriage generally is valid. If you are a person who finds yourself wondering if something your spouse said or a family member told you about marriage is accurate then you ought to stick around and see if one of today’s subtopics on this subject correlates to your particular situation.
Do you have to work if you are married in Texas?
What if, after you’ve taken your vows of marriage, your spouse suddenly refuses to go to work one morning. More days pass by and your spouse tells you that she will not be returning to work- possibly for good. To that point you had been a stay at home spouse taking care of the home and all of the responsibilities that come along with it. That was the understanding that you and your spouse had before you got married as well. Now, you have been married for a significant amount of time and that decision has been forced upon you.
A question you may be asking is: can you force your spouse to go back to work? As in, can you file a lawsuit against your spouse and ask a judge to force your spouse back into the workforce? After all- your spouse told you that she would be the primary income earner in your marriage. Now that promise has been broken. What are your rights in regard to that promise?
If you and your spouse are married, living together and not filing for divorce then a judge cannot force either one of you to get a job to support the other. If you are familiar with family law courts and family lawsuits, then you know that the friends and neighbors that we have in our community do more than enough to keep these judges busy on any given day. The last thing a judge will want to do is weigh in on a private, family matter that does not relate to a law contained in the Texas Family Code.
What about after a divorce- can a court force you to work in that situation?
A court cannot mandate that you find a job outside of your home after a divorce. However, it can make it virtually certain that you do so. In situations where it is determined by the judge that you owe a duty to your ex-spouse to support him or her for a period of time after the marriage then you may be essentially forced into working in order to pay spousal maintenance. The consequences for the failure to pay the ordered amount of spousal maintenance on a monthly basis could be being found in contempt of court. Fines, penalties and jail time come along with this particular finding of a court.
Can you sue your spouse independent of a divorce lawsuit?
Yes you and your spouse can sue one another for various causes of action. If you and your spouse have engaged in a financial transaction of some sort where one of you operated in bad faith then either of you may sue the other. Many times you can utilize this sort of premise as a “fault” that led to your divorce. The end result of citing a specific fault ground for your divorce may be that you are able to convince a judge to award you a disproportionate (greater than 50% share) of the community estate in your divorce.
If your divorce goes to trial will you be able to potentially testify against your spouse?
Some folks are under the impression that there is still a law on the books that prohibits one spouse from testifying against the other spouse regarding communications that they made to one another during their marriage. This is no longer the case, however. It is common for spouses to testify against one another in conjunction with their divorce cases in today’s legal world. This is also true in most instances where you or your spouse have filed a lawsuit against the other that is not in conjunction with a divorce.
What if you are not married to the person that you are living with? Can you create a property agreement with that person that is enforceable in court?
Divorce Lawyers Houston: Many people are involved romantically with a partner with whom he or she is not married. There are various statistics out there that will tell you that this is a more common form of cohabitation than cohabiting with your spouse, at least in the United States. The law does not treat unmarried persons living together as being married. For instance, the laws of community property in Texas would not apply to you and your partner unless you qualify as being common law married. That is a topic for another blog post, however, and for the sake of clarity and brevity we will assume moving forward that you and your partner are not married- common law or otherwise.
However, if you and your partner are willing, you can enter into an agreement regarding property that can be enforceable in a courtroom. This is a type of contract that would be governed in many ways by general contract law rather than the laws regarding the family. If you and your partner choose to agree on what bills you or your partner will pay or what share of certain property each of you own relative to the other person then a Texas court will find that to be an enforceable agreement in most circumstances.
Keep in mind that the general guidelines that I gave in yesterday’s blog post on premarital agreements would typically hold true in a situation involving you and your unmarried partner. It is always best for both of you to have an attorney advising you and to have that agreement put in writing. An oral contract may be enforceable but it is going to take time, money, and lawyering to have a court see it that way. There must be sufficient consideration for the agreement to be held to be valid. That means both sides but give and take in the agreement.
What about an exchange of the home for support in an unmarried relationship? Will this be held to be valid by a court?
From my experience and to my knowledge it is unlikely that a court would find this to be a valid agreement that is enforceable. You probably won’t be able to get a promise like this from your partner in writing. Usually this type of promise is also based on your relationship continuing. Fairly vague, oral promises like this are unlikely to be enforced by a court barring other circumstances that I couldn’t take into account in a blog post.
The other consideration I would want you to take in is the age old bargain of “financial support in exchange for sexual relations.” In my opinion it would not be a stretch for a court to assume that this was the sort of agreement that you and your partner hatched together. The look and the feel of it is close to something that is illegal. Even if this was not your intent, a court could easily read this into your situation and declare the agreement void.
All told, if you and your partner contract an exchange of property that has a specific, tangible value to it that is usually the basis for an enforceable agreement. Once you get into a situation where you are asking your spouse to pay you for an intangible, hard to quantify or value service then you get into the zone of unenforceability.
Money and Marriage- tomorrow’s blog post topic
Family Lawyer Houston: Please come on back to our blog tomorrow as we discuss the popular topic of money and marriage. If you are interested in learning more about the impact of these subjects on one another then you cannot do any better than that blog post.
If you have any questions about todays blog post subject matter please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations six days a week with a licensed family law attorney where your questions can be addressed and answered ... Continue Reading
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nataliesnews · 3 years
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All RED LINES HAVE BEEN CROSSED  5.6.2021
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All RED LINES HAVE BEEN CROSSED
 In the past two months all red lines have been          crossed: racism echoes far and wide, as does incitement against          Israel’s Arab minority, who literally became second class citizens          with the passing of the Nation-State Bill in 2018.          For years, the volunteers of MachsomWatch          have seen racism, violation of human rights, landgrab, house          demolitions and brutal violence towards Palestinians in the occupied          West Bank – all under the aegis of the Israeli establishment and          army. For years, the poison of the occupation has been seeping into          Israeli society and institutions and into the minds of its citizens.          During this year of the pandemic and ongoing protests against a          corrupt Prime Minister and his administration, methods of control and          oppression have been easily ‘imported’ from Palestine into the          streets of Israel-proper.
Lately, The rate of house demolitions and land expulsions of          Palestinians have increased rapidly in the West Bank and in East          Jerusalem; Arab-Israelis are being pushed out of Jaffa and other          ‘mixed cities’ (Acco, Lydd, Ramle).          During Ramadan this year, Police and Border Police          break into the Temple Mount compound (Al Aqsa) and hurl stun grenades          into the mosques.           Suddenly Jewish protestors and activists are          arrested as they head to demonstrate, and Arab Israelis are prevented          from reaching the Temple Mount for prayers.          No one stops the violence and the rampant racism, not in          the West Bank nor inside Israel. Who can halt this at a time when          extremist thugs have made it into the front tiers of government, the          'hilltop youth' are no longer rotten apples but rather 'young farmer          settlers' and the Israeli police often acts as a political militia?                    We present here the          latest events in Israel alongside the observations of MachsomWatch          volunteers from their activity in the West Bank during these          past two months. It is easy to see that the demons of the Occupation          have gained power, crossed boundaries and lit the flames inside          Israel and the entire region.
           See What          We Have Done in 2020
           When the wind picks up, 
dispossession and plunder thrive
 In early March 2021, Ariel University invites          its students to volunteer and serve as guards in illegal          settler-colonist outposts, thus gaining study creditsThe law of regulating ‘The Young settlement’          comes up for debate, is blocked, and then approved by first          reading in MayIsraeli police turn violent at the peaceful          Sheikh Jarrah demonstrations protesting the expulsion of the          neighborhood’s Palestinian residents from their homesMember of Knesset Ben Gvir sets up an          ‘office’ for the defense of the settlers in Sheikh Jarrah on May 6.
 -
 An acre and an acre there… This is the latest tactic of land grabbing by settlers -          establishing small ranches. They erect two structures on a hill, pave          a road, bring cattle and horses. They do not give a damn about the          locals and simply grab grazing lands. Fiad from Zanouta in the South          Hebron Hills tells us, that the new settler is Ilay Federman          (son of Noam, an infamous settler-colonist leader), who adheres to          his father’s views. Every morning Ilay flies his drone, seeing          where Palestinian flocks are grazing, and then brings his own flocks          there. Ilay has strong backing – the settlers' ‘Amana’ movement          has adopted this new method… We have already seen such farms near          Negohot, Pnei Kedem, Asael – all settlers. Amana has bragged that          they have already ‘conquered’ 1,000 dunams and there are plenty more          to come… Might makes right and despair reigns…           South Hebron Hills, April 5, 2021,          Hagit B
  We          hear complaints made by shepherds from Fasail,          telling us that Elhanan of the settler outpost ‘Angels of Peace’ has          been chasing them away from their own grazing grounds because “this          whole area from Maale Efraim to Auja belongs to me!” (thousands          of acres all within firing zones.) He carries firearms and threatens          them. Are the dozens of shepherds from Fasail to meet the same          destiny as that of the shepherds of En Rashsh, whom we accompanied          until they gave up a year ago and are now grazing only right next to          their homes?           Jordan Valley, April 21,          2021, Nurit P, Tzvia S, Daphne B
  7am Auja. The          3 flocks belonging to Umm Rasheed, a local Palestinian resident, were          grazing on the hill about 100 meters from the restaurant recently          founded by Omer Yedidiya’s illegal settler outpost – En Ayanot. We          accompanied shepherds on the opposite hill, when suddenly an army          jeep emerged, a soldier and a woman-officer disembark and demand that          Umm Rasheed leave the hill with her flocks. In vain, Umm Rasheed and her          son try to argue. The officer stood silent and said she was waiting          for a WhatsApp message. We asked the soldier if he had a written          order, he said there was no need. We asked whether he was ordered by          his army superiors or by Omer the settler. He answered that they are          one and the same - Umm Rasheed must leave. We were amazed to hear          openly on the army radio, that the army is subject to the demands of          a settler from an illegal outpost.           Jordan Valley, April 29,          2021, Nava and Micki
 Our          Interactive Map: An Accessible Tool for Orientation + Data          
  Ramadan 2021 in Qalandiya & Nablus          Gate                                   
 Photos:          Tamar Fleishman, Anat Tueg           
The Flames of Ramadan
On the morning of April 13, the first day of          Ramadan, the Israeli police puts barriers along the wide          stair-amphitheater leading to Damascus Gate in the Old City,          and prohibits Palestinians from sitting there and festively          receiving the Ramadan holy month as they have always doneYoung Palestinians protest at Damascus Gate          and clash with the policeA Tik-Tok clip documents a Palestinian          slapping a Jew on the Jerusalem light rail, and this violent event is          imitated widelyIn response, a revengeful procession runs          havoc in the streets of Jerusalem headed by the ‘Lehava’ [in Hebrew:          flame] ultra-rightist groupThe procession is stopped near the Damascus          Gate – where the police use horsemen, ‘Skunk’ trucks and stun          grenades in a violent confrontation with Palestinian youthsOn May 7, the last Friday of Ramadan, large security forces enter Temple Mount;           A stun grenade is hurled into a mosque. Many Palestinians are          wounded and detained,
  Nothing resembles the Ramadan Fridays of years          past. This time it is different and not due to the Covid-19 pandemic.          First sights can be confusing, as if no one is trying to get to Al          Aqsa Mosque to pray. A view over the pedestrian bridge only          reinforces this impression of strange emptiness. Against the          background of all that has taken place there, both at the inspection          posts and in Palestinian encounters with armed men and weapons,          echoes the Lehava, the flame, ignited and burnt in Jerusalem last          night.           Qalandiya          Checkpoint, April 23, 2021, Tamar F.                      The plaza in front of Damascus          Gate is a maze of tangled blocking fences. At every          corner on people’s way to prayer stand groups of armed security          forces, inspecting the goings-on. The atmosphere is tense and less          festive than it used to be. Only 10,000 permits have been allotted to          West Bank residents, who must of course be vaccinated. But Israel          provides vaccinations only to workers that it needs. So, there are          hardly any families, women or children in festive clothes. Sad.           Old City of          Jerusalem, April 23, 2021, Anat T, Natanya G                      I arrived at the checkpoint at          6:30 a.m., thinking that on the last Ramadan Friday,          I would see much more traffic than I did 2 weeks ago, as people make          an early start in order to reserve a good spot at the Al Aqsa Mosque.          What naivete! The entire area in front of the checkpoint entrance is          ‘hermetically’ fenced. There is practically no one in the tracks          leading to the buses.           Until 10am, when I finally left,          1,487 persons had crossed the checkpoint – that’s it…           Two years ago we counted 30,000 here          at this hour. During my entire vigil, only 5 women had passed. I have          been standing at checkpoints during Ramadan for 20 years now. There          were years when the situation ‘improved’ – but freedom of worship has          never existed. And here I stand now, and the situation only gets          worse. Desperate, I sat down on a rock, leaned forward and hid my          head between my knees…          Bethlehem          Checkpoint, May 7, 2021, Hannah B                      Nasser          from Tawane Village tells us about last Saturday’s havoc:          Noontime, Saturday, Ramadan fast. The flock was grazing near the          water hole at Humra. Suddenly two settlers arrived and got into the          water to bathe. A Palestinian shepherd approached them and told          them that the water is used only for drinking. The two got out but          soon, numerous settlers swarmed from the Havat Maon outpost, with          vehicles and weapons. They shouted: “Get out of here! This is our          land.” They beat up and threw stones at Palestinians and their          Taayush (Israeli-Palestinian partnership) supporters. The clash grew          worse as an army jeep arrived and the soldiers threw teargas          grenades. Women and children passed out. In the meantime, a bus          arrived, bearing 50 more settlers. The police arrived an hour and a          half later and refused to fill out a complaint. Only upon the arrival          of DCO officials who promised to take care of the matter did the          clash subside…          ... We came to A-Tawane because of the sirens and missiles flying in          from the south.  We heard from the Palestinians how every week          the impunity and brutality of settlers from Havat Maon increase in          their attempts to take over the village’s water holes and lands.          There is an increase in the number of assaults, in the violence and          frequency of their attacks.           South Hebron Hills, April 27& May          11, 2021, Michal T
 Now More          Than Ever We Need Your Help
 A picture drawn during the was by Shaimah Basharat from          the Jordan Valley          Photo: Rachel Afek
 Palestinian struggle for survival          persists in the          West Bank
 May 10, 2021, ‘Jerusalem Day’ – violent clashes and          police invasion of Temple Mount (Muslim holy shrines)The Flag March of Jerusalem Day led by the ultra-right is          diverted only at the last possible moment from its original route          through the Muslim QuarterHamas’ ultimatum to Israel – if all policemen are not          removed from the Al Aqsa Mosque and the Sheikh Jarrah neighborhood by          6pm, Hamas will attack IsraelHamas launches a missile towards JerusalemOperation ‘Guardian of the Walls’ is launched – There is          unceasing bombings of Gaza and volleys of missiles sent by the Hamas          to the south and center parts of Israel Bloody clashes between Jews and Arabs in Israel for over          a week, mainly in the ‘mixed cities’Right wing extremists and settlers arrive by the bus          load and run havoc in these cities          Unchecked protest demonstrations in the West Bank          and East Jerusalem, include live fire by Palestinians and Israeli          soldiers            
 I left home feeling heavy-hearted.          Jerusalem is burning. There’s the smell of war in the air… my          partner begs me to be careful, and I insist on going. It is so          important for Palestinian children to see  Israelis that are not          settlers or soldiers. Who knows what prevents terrorism? Certainly          not military occupation…          ...Harsh clashes with the Israeli army in the Old City of Hebron,          teargas grenades, many wounded and arrests earlier in the week.          Because of the pandemic, we no longer meet the international          volunteers who walk around the streets of Hebron to do their bit in          protecting Palestinians, for whom the city has turned into an          open-air prison. To our great surprise, we did see some volunteers.          We stopped to have a chat, and it appeared these were young          Palestinians from Hebron, who took it upon themselves to monitor for          pay. We exchanged phone numbers and said we’d keep in touch.           Hebron, May 10-11, 2021Hagit B,          Michal T.                      We          drove along road 60 throughout the South Hebron Hills region.          At every junction we saw remains of yesterday’s demonstrations. At          Beit Anoun Junction passersby tell us there was massive firing of          rubber-coated ammunition and teargas grenades. About 20 people were          arrested and many wounded. 'When will things be good'? they ask us.          'Haniya and Netanyahu are good buddies', I quote, 'they have no          problem continuing the fight'.          South Hebron Hills, May 19, 2021,          Hagit B                      Some          things are sacred and they are not necessarily called          Jerusalem. I drive to the Jordan Valley without defined plan. Thus, I          ran into shepherds who tell me about the routine of their life.          Because of the great summer heat in this region, they go out with          their cows to graze around 3pm and remain with them until 8am the          next morning. They take a blanket along and take turns sleeping.          Alongside them live foxes, wolves and hyenas, as well as gazelles. I          didn’t get the numbers. But these animals are good hunters.          The fox          devours the chickens – out of 90 chickens in the pen only 9 were          left… The          hyena attacks calves as well as cows by biting them          in the belly. It makes do with one a day. The shepherds know of one          30-year-old hyena who lives near road 90 in what they call Hyena          Wadi. The          wolf likes calves and sheep too, if they can be had.          It is able to devour several a day.          Then comes the          snake. Yesterday, as the shepherd woke up, he saw a          snake sleeping with him under his blanket, ‘the Beast of Palestine’,          a red poisonous snake, about 40 cm. long. He escaped in fear. We met          and spoke on the 2nd day of the war, a time when many were being          killed and homes destroyed. The young shepherds sigh and ask:          'Why?  Who needs this? Why not live in peace'?          Jordan Valley, May 13, 2021, Rachel A
  Join us          on our new Instagram for unique visual stories
                                                      May 21, 2021, Ceasefire: 4390 missiles fired at Israel, mostly to the          South, destroyed homes, 13 casualties, including 2 children Gaza – 232 dead, including 67 children;          dwellings and high rise buildings torn down, tremendous damage to          infrastructure27 killed, including 4 children, in clashes          in Jerusalem and in the West Bank (5 terrorists) Of the 950 detainees in Jewish-Arab clashes          inside Israel, 120 were indicted – except for 7 - all of them Arabs Even after the clashes subsided, the police          arrested 300 in an operation 'Law and Order', 250 of them were          Arabs. 60 were brought before a judge, the rest were released. Arrests of political activists continue.
    I open the newspaper in the morning and 67 dead children greet me ... On the same page,          there is a news item about political activists in East Jerusalem who          lost their national insurance rights.  I read the article and          can not believe my eyes. Rami Pahuri's pregnant wife will not be able          to get the results of her medical tests because her husband is          politically active? Is she deprived of the right to national health          care?... In this context, it is worth reminding all of us that the          annexation of Jerusalem obliges us under any international treaty to          provide all Israeli residents with medical services, welfare          services, religion facilities and the like. This is not a right we          give out of kindness - it is a duty! This is required when annexing          people and land.
Letter to the editor of Haaretz by Hanna Barag,          27.5.21           
 'Jews and Arabs refuse to be enemies'          is a slogan that has been heard a lot lately, but has been under the          media radar for years.           The "Sea Days" project          of MachsomWatch, which began about 14 years ago,          aims at bringing Palestinian children and mothers to the sea, most of          them for the first time in their lives. It can be done. You just          have to choose to do it.
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kristinsimmons · 4 years
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Even Republicans Want to Outlaw Surprise Medical Billing
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By BOB HERTZ
On  April 3, the Secretary of Health and Human Services, Alex Azar, announced that the federal government would pick up the tab for testing and treating all uninsured Americans for COVID-19.
Azar specifically promised that:
a) hospitals would be paid the same prices they receive for Medicare patients; and
b) hospitals which accept the funds would be barred from sending any additional bills to patients.
Did anyone notice the last detail?  This is a Republican, who is promising to protect the vulnerable.
In the coming months, thousands of COVID-19 patients will be routed through a convoluted web of providers. At various points in their treatment. they will be susceptible to receiving out-of-network care — and the staggering bills that often follow.
COVID-19 patients will rarely have the luxury to choose a network hospital, or lab, or specialist. Often, they will need to be treated at any facility that is still open.
Hospitals will be forced to an all-hands-on-deck approach. Patients may have to stay for weeks, needing labor-intensive staffing and anything but a check in-check out mentality.
A patient can do everything right and still face substantial surprise bills. Take someone who fears that he may have contracted COVID-19. After self-quarantining for a week, he develops severe shortness of breath. His wife rushes him to the nearest in-network emergency room. But he’s actually seen by an out-of-network doctor — who may soon send a hefty bill for the visit. If he needs to visit an out-of-network urgent care center, emergency room, or drive-up testing site, he could face additional out-of-pocket costs. Federal law does not prohibit these providers from balance billing.
Matters get worse if his local in-network hospital is approaching capacity, and he must be sent to a hospital across town with spare beds. If the second hospital is outside his insurance network, he could potentially receive a second surprise bill. A third could come from the ambulance that transfers him — it too might not be in-network, and no one will think to check during a crisis. He could get a fourth surprise bill if his coronavirus tests are sent to an out-of-network lab. And so on.
Usually his insurer will refuse to cover the extra costs, and many of the providers will refuse to negotiate. The bills will go to collection. 
Months later, after media exposure or perhaps a class-action lawsuit, his bill might be dismissed. But that will be too late for his credit score to recover, and it may cause him financial headaches for years.  
Surprise bills are particularly reprehensible during this pandemic, when frightened consumers are forced to either seek health care services or risk transmitting a potentially deadly disease.   
This is an issue that only Washington can fix. Some states have taken steps to protect some of their residents from surprise bills– but this is far from universal. Besides, states are prevented by law from regulating large employer self-funded health plans. If Congress doesn’t act on this, nobody can.
(However. Gov. Ned Lamont of Connecticut did recently announce a superb executive order…)
Here is what we must demand:
During an epidemic, all hospitals and all doctors have to be available without extra charges. Providers cannot be allowed to bill for more than the patient’s network fee schedule allows.
For example, if a patient’s Aetna policy pays $4,000 a day for ICU care at a network hospital, then the charge will also be $4,000 if the patient must use a different non-network facility.
Needless to say, all doctors who practice in a network facility can only bill at network rates. This will regulate the conduct of physicians—especially the ones patients don’t choose themselves. Not coincidentally, surprise bills come far more often from ER doctors, anesthesiologists, radiologists, and pathologists than from cardiologists or internists..
Support for this kind of patient protection is non-partisan. In fact, the conservative Heritage Foundation, has proposed the following laws:
 First, Congress should require healthcare providers to supply a good-faith estimate of the cost of scheduled medical care before it occurs, unless the patient declines an estimate. Providers that refuse to supply an estimate before providing care should not be able to “balance bill” afterward.
 Second, Congress should protect consumers against false and misleading information by establishing penalties for any insurer that falsely represents a facility as being in-network, and for any facility that presents itself as being in-network if doctors balance-bill for services they provide at that facility.
Third, Congress should use existing regulations to ban balance billing for non-network emergency care.
In these limited, emergency situations, Congress should require insurers to pay, and providers to accept, reimbursement rates spelled out in existing federal regulations.
Actually, we came close to having reform last fall. As described by Daniel Block in the April-May-June issue of Washington Monthly, House and Senate committees announced a deal to at least limit surprise bills on December 8. The insurance industry endorsed it. So did consumer advocates. The White House quickly signaled support and pushed for its inclusion in a must-pass December 20 spending package.
But over the next 48 hours, hospitals and doctors’ groups came out against the proposal. In the Senate, Minority Leader Chuck Schumer reportedly signaled that he was uncomfortable pushing forward with the bill. Richard Neal and Kevin Brady, the top Democrat and Republican on the powerful House Ways and Means Committee, put out their own surprise billing proposal. It was a classic legislative maneuver designed to derail progress.
It succeeded. Congress did nothing. The December 20 deadline came and went.
Again in March, with the huge CARES Act being formed, surprise billing could have been stopped.
But the day before the CARES vote, word spread among lawmakers and lobbyists: Despite an active push, surprise billing reform language had not made it into the final version of the Act.
“Let’s be clear about what is happening,” Jon Walker of The Intercept has tweeted. “Democrats pretend they want to improve healthcare and when they have a chance they take the side of wealthy for-profit companies with the most ghoulish business practices imaginable.”
Actually, acccording to some legal scholars,  we should not even need new legislation. Surprise billing is already illegal, they claim, and states’ attorneys generals could be invalidating those bills right now.
A superb summary appeared in the American Journal of Managed Care — April 2017 – 
Our key motivation is that mutual assent is at the core of commercial transactions. Chargemaster and out-of-network prices, in contrast, are prices that neither patients nor payers accepted in advance nor are they prices to which payers would ever assent.  Instead, the law entitles providers, as one court ruled, to “the average amount that [the provider] would have accepted as full payment from third-party payers such as private insurers and federal healthcare programs.” The law therefore entitles providers to collect no more than prevailing negotiated market prices for any OON services.
Providers have no legal authority to collect charges that exceed market prices for OON services, and thus neither patients nor payers are under any obligation to pay such chargemaster prices. Consistent efforts to enforce this interpretation of contract law would go far in addressing abuses. Moreover, judges, public law enforcement officials, and private attorneys can use this interpretation to combat abusive or harassing efforts that providers pursue to collect such charges. And, perhaps most important, payers that form narrow provider networks can be confident that they will not have to pay extortive prices if their insureds require emergency OON care.                
Billing patients for prices that they did not agree to—prices that no one would ever agree to—and then demanding payment, often through collection services, is abusive.
We reviewed contract law and examined the law’s handling of cases where prices have not been specified in advance, which are the controlling authority to guide courts in disputes over surprise and out of network billing problems, and found that providers have no real legal authority to collect inflated bills, Courts are divided in their rulings on this issue, not because they disagree with our legal analysis, but because they don’t understand how medical bills really work.
We urge state attorneys general to challenge provider claims for charges on behalf of vulnerable patients.  Patients and their attorneys can also challenge these claims directly, without waiting for delayed and cumbersome legislations or regulations. Courts can also support judges administratively to help them reach a reasonable and uniform definition of ’market price’ for their jurisdiction that would end these practices immediately.
For more details, see:
Battling the Chargemaster: A Simple Remedy to Balance Billing for Unavoidable Out-of-Network Care. Barak D. Richman, JD, PhD; Nick Kitzman, JD; Arnold Milstein, MD, MPH; and Kevin A. Schulman, MD
Conclusion
Surprise billing is generally not a problem with Medicare or Medicaid.
But for others under age 65, we need new regulations which must be non-negotiable. State health departments must be empowered to cancel overcharges, which will still occur despite regulations.
If we can establish reforms now, in a time of crisis, the new laws have a chance to be permanent when the crisis is over. For now, we must:
Immediately ban providers from sending balance bills for out-of-network health care services related to the coronavirus.
Require insurers to make a payment for these services on a timely basis and limit the patient’s responsibility to in-network cost-sharing or no cost-sharing to the extent that is required under other emergency provisions. In addition, plans would apply in-network deductibles and maximum out-of-pocket limits to health care services related to the coronavirus.
Create a payment standard, based on Medicare rates, to specify the amount owed by the insurer to the out-of-network provider.
Bob Hertz is a retired insurance broker. He learned about health care from Uwe Reinhardt, Joseph White, Dr. Robert Evans, and George Halvorson a fellow Minnesotan.
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