Category Archives: Health Disease

Sudan Govt Use of Chemical Weapons on Civilians in Darfur

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Primer: Obama’s choice, Samantha Power as the U.S. Ambassador to the United Nations was an alleged champion of stopping the dying in Darfur by chemical weapons in 2004. Where is she now?

Amnesty says Sudan used deadly chemical weapons in Darfur conflict

(CNN) The Sudanese government has been accused of using chemical weapons against the people of Darfur, according to a report released by Amnesty International on Thursday.

The attacks targeted civilians and may constitute a war crime, the report said. The Sudanese government has denied the allegations, calling them “rumors.”
Amnesty says it has new evidence abuses persist in a war that has been described as one of the world’s worst humanitarian conflicts by the United Nations.
Unidentified witnesses quoted in the Amnesty report said the attacks left a smoke, which turned dark blue and smelled “like rotten eggs,” coating the trees, ground, and humans in a thick black dust.
US lauds state sponsor of terrorism ... for fighting terrorism

US lauds state sponsor of terrorism … for fighting terrorism

Witness testimony

After exposure to the smoke, some said their skin turned white and became rotten or hardened and fell off in chunks.
“When the bomb exploded I inhaled the poisonous air which I am still smelling even now,” said one witness.
Some children vomited blood, the report said. Another witness said: “My youngest child was walking before the attack. Now she is only crawling.”
Pictures obtained by Amnesty International show graphic images of children with large welts, peeling skin, and infected lesions.

Civilians targeted

The alleged use of chemical weapons came during a large-scale offensive by the Sudanese forces and its allied groups against an armed opposition group, the Sudan Liberation Army-Abdul Wahid (SLA-AW), which operates in the Jebel Marra region.
The Sudanese government accused the group of looting and attacking civilians and military vehicles prior to the January offensive.
Since the Sudanese military campaign began in January, Amnesty International says up to 250 people have been killed by chemical weapons.
The report alleges the Sudanese forces targeted civilians: “The overwhelming majority of the attacked villages had no formal armed opposition presence at the time of the attacks. The purpose…appears to have been to target the entire population of the village.”
Chemical attacks in some regions have been taking place for eight months, including just weeks before the report’s release.
Global leaders at UN tackle world's worst to-do list

UN General Assembly: Leaders tackle world’s worst to-do list

‘Rumors’

The Sudanese government has denied allegations it had used chemical weapons against civilians, calling them “rumors.”
“I don’t know from where these rumors are being said,” Sudan’s Information Minister Ahmed Bilal told CNN.
Bilal acknowledged a government offensive in Jebel Marra had taken place, saying it was in response to rebel activity.
“It was started by them,” Bilal said. “The rebels were doing some sort of looting, they were attacking innocent people. This has stopped. There is not an inch occupied by rebels,” Bilal said.
“The whole Darfur is quite in peace and the people are very happy,” he said.

Likely more than one chemical

Journalists and humanitarians have been prohibited from entering Jebel Marra for more than four years, making reporting extremely difficult from the region.
Mustard agent

Amnesty International claims to have evidence of the use of suspected chemical weapons in Darfur. It says two independent experts have concluded the evidence suggests exposure to blister agents.

  • Blister agents include sulfur mustard and nitrogen mustard. Sulfur mustard has long been in use as a chemical weapon — it inflicted horrific casualties in World War I.
  • Mustard agents inflict chemical burns on the skin, eyes and lungs, and can also affect the internal organs. Victims can be disabled as a result of exposure. It can be fatal if they come into contact with large amounts.
  • While damage is caused to the body’s cells within minutes of contact with mustard agent, it can take hours before the full effects are felt.
  • Symptoms can include blistering, itching or severe burning of the skin; weeping eyes, swollen eyelids or even blindness; vomiting and collapse.
  • The effects of severe exposure can last for years.
  • There’s no antidote for mustard agent injury.

Sources: U.S. Centers for Disease Control and Prevention; Organisation for the Prohibition of Chemical Weapons

Amnesty International had to do all reporting remotely. Collecting soil samples for confirmation was impossible.
Two chemical weapons experts reviewed photographic and video evidence and both found the symptoms consistent with chemical agents such as sulfur mustard, lewisite and nitrogen mustard — or a combination.
“The symptoms varied between the attacks and this tells me there were likely more than one chemical in use as well as the possibility that the chemicals were mixed or that different chemicals were used at different times for different attacks,” said Dr. Jennifer Knaack, one of the weapons experts involved in the study.
The writer of the report, a senior Amnesty adviser, Jonathan Loeb calls it “by far the most substantial, credible release of evidence of the use of chemical weapons in Darfur since the conflict began.”

History of conflict

The conflict in Darfur began around 2003 when several rebel groups in Darfur took up arms against the government in Khartoum. They had grievances over land and historical marginalization.
In response, the government’s counterinsurgency strategy targeted the opposition groups but reportedly expanded to target tribes associated with the insurgents.
The violence escalated into a war and the in 2008, the UN estimated that 300,000 people may have died in the Darfur conflict, although experts say that figure has likely risen since then.
Sudan’s President, Omar al-Bashir, was charged with crimes against humanity by the International Criminal Court, including genocide, related to the Darfur conflict in 2010.
Bashir has yet to cooperate with the court and continues to travel freely around the continent. South Africa and Uganda have both been criticized for allowing President Bashir to travel to their countries without being turned over to the ICC.

Obama is Begging Health Insurers to Save Obamacare

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Congress has said no. There are countless lawsuits advancing in the judicial system and enrollment is failing. It cant be saved and 2017 will be the year of reckoning. Perhaps this is a good time for a reminder, not ONE single Republican voted for the law. Where are the media interviews now and where is Nancy Pelosi?

Related reading: House of Representatives v. Burwell and Congressional Standing to Sue

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Obama steps in to save Obamacare

With no lifeline coming from the divided Congress, the administration is redoubling pleas for insurers to shore up the federal health care law.

Politico: Deep into the final year of his presidency, Barack Obama is working behind the scenes to secure Obamacare’s legacy, struggling to bolster a program whose ultimate success or failure will likely be determined by his successor.

With no lifeline coming from the divided Congress, Obama and his administration are redoubling their pleas for insurers to shore up the federal health care law and pushing uninsured Americans — especially younger ones — to sign up for coverage. The administration is nervously preparing for its final Obamacare open-enrollment season just a week before Election Day, amid a cascade of headlines about rising premiums, fleeing insurers and narrowing insurance options.

On Monday, Obama met face to face at the White House with leading insurance executives, asking for their continued commitment to the health law despite its recent spate of difficulties. Insurers have come to the White House periodically as the law has rolled out; this time the president made a direct plea for their ongoing support. They in turn pressed their case for steps the administration can still take to strengthen the Obamacare markets.

Notably absent were two of the national insurers that have already bailed on most Obamacare marketplaces — Aetna and UnitedHealth Group.

“We know that this progress has not been without challenges,” Obama wrote this week to each insurer selling Obamacare plans. “Most new enterprises have growing pains and opportunities for improvement. The Marketplace, while strong, is no exception. Time and experience will help drive that improvement, as will constructive policy changes.”

Meanwhile, the administration is taking steps on its own to prevent the marketplaces from collapsing. That includes redoubling efforts to reach out to younger potential Obamacare customers, who have proven particularly challenging to attract in large enough numbers to sustain a high-functioning insurance market. The administration hopes the bully pulpit can bolster that outreach: The president will host a “Millennial Outreach and Engagement Summit” later this month at the White House. And for the first time, the administration will be reaching out directly to individuals who paid a fine last year for not having coverage. HHS Secretary Sylvia Mathews Burwell was on the Hill Thursday updating anxious Democrats about the administration’s efforts to fortify the program.

In a concession to insurers, the administration has also recently taken steps to tighten the enrollment rules to prevent people from gaming Obamacare’s coverage system. Insurers have complained that some customers have been signing up in “special enrollment periods” when they get sick and then dumping coverage once they’ve been treated. Insurers warn the abuse of the rules — designed to help people in special, limited circumstances — is driving up premiums for all Obamacare customers.

Insurers at Monday’s meeting reiterated their concerns about those enrollment issues, according to three insurance officials at the meeting. Burwell and White House senior adviser Valerie Jarrett were among administration officials who attended.

“They are definitely moving in the right direction,” said Mario Molina, CEO of Molina Healthcare. “I think the industry’s concern is how quickly they move on these things.”

Martin Hickey, CEO of New Mexico Health Connections, was similarly enthusiastic about the summit with Obama.

“He sincerely seemed to be listening, and I think that gave a lot of comfort to people in the room,” Hickey said. “We all left feeling hopeful that he and the secretary and their staffs would do what they can to address the issues brought up. I honestly felt optimistic.”

But six years after passage of Obama’s signature domestic achievement, the litany of woes afflicting the Obamacare marketplaces is formidable. Enrollment has plateaued at half of what was projected. Three major insurers have largely quit, citing big losses. Double-digit rate hikes are the norm for plans across the country. And roughly one in five Americans may find just one insurer selling plans in their area when they shop for 2017 coverage.

Despite all those problems, the administration still has a compelling case to make for the law’s achievements and for fixing it rather than scrapping it.

On Tuesday, the Census Bureau announced that the uninsured rate last year dipped to 9.1 percent, down more than 4 percentage points since 2013. Nearly 13 million fewer Americans were uninsured last year than prior to the full implementation of Obamacare.

Initial data from the CDC suggests that the uninsured rate has kept right on dropping into this year, to a historic low of 8.6 percent.

In addition, the Obama administration no longer faces the ugly prospect that no insurers will be selling plans in Pinal County, Ariz. The threat of that county becoming an Obamacare ghost town was lifted last week when Blue Cross Blue Shield of Arizona announced that it would sell plans in the county.

But the progress on coverage expansion hasn’t convinced Republicans that the law is sustainable. Most Republicans, including presidential nominee Donald Trump, continue to call for full repeal of the law, which was passed entirely with Democratic votes. That’s made any discussion around legislative fixes to bolster Obamacare a nonstarter.

That unyielding stance has proven potent politically: Republicans have won control of both chambers of Congress in part by demonizing Obamacare. And there’s no chance their stance will change before Election Day. Obamacare’s recent woes have only amped up the apocalyptic rhetoric from Republicans.

“Obamacare is unraveling at an alarming rate,” said Sen. Lamar Alexander (R-Tenn.), chairman of the HELP Committee, on the Senate floor Wednesday. “There’s no excuse for having a failing insurance market where taxpayers are paying most of the bill.”

A hearing this week before the House Energy and Commerce Committee provided another platform for Republicans to bash Obamacare.

“Premium are off the charts,” said Rep. Fred Upton (R-Mich.), who chairs the committee. “Competition has dramatically declined. All in all the everyday patient is left paying more for fewer choices.”

But Democrats countered that Republicans have done everything possible to sabotage Obamacare, holding dozens of repeal votes and hearings to highlight the law’s shortcomings. They stressed that any legislation as complex as the Affordable Care Act is inevitably going to require legislative fixes.

“It’s time to stop having this kabuki dance over and over again, and it’s time to figure out how we can fix the Affordable Care Act,” said Rep. Diana DeGette (D-Colo.).

CMS Acting Administrator Andy Slavitt stressed similar points during testimony before the committee.

“Undertaking fundamental change is rarely easy,” Slavitt said. “Our mantra is to continually learn and adjust.”

But Sen. John McCain (R-Ariz.) scoffed at the idea that Republicans should work to salvage the law. “I remember the victory dance that you guys performed after passing Obamacare without a single Republican vote,” McCain said at a hearing on Thursday. “Now the chickens have come home to roost.”

Without any cooperation from Congress, the administration’s ability to fortify the Obamacare markets remains limited. Of course, the law’s namesake is soon to be a lame duck. That raises at least the possibility that the political gridlock that has existed since Obamacare’s passage could finally ease.

“We’re just hoping that we can get to some practicality come January,” said Ceci Connolly, CEO of the Alliance of Community Health Plans.

 

 

 

 

In America: What Exactly is a Refugee?

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DHS Officials Admit They Have Not Used ‘Deception Detection Technologies’ to Screen Visa Applicants, Refugees

MRCTV: At a House Homeland Security Committee hearing Wednesday titled “Shutting Down Terrorist Pathways into America,” officials at the Department of Homeland Security admitted they have not explored the use of “deception detection technology” for screening refugees and other visa applicants despite a law signed last year directing the agency to do so.

 

Migrant surge poses challenge for U.S.: Who’s a refugee, who isn’t?

WASHINGTON

Ordonez/McClatchy: U.S. Border Patrol agents will apprehend more family members entering the United States along the Southwest border this fiscal year than they did in 2014, when a massive surge of Central Americans found the Obama administration detaining thousands of mothers and their children.

Newly released U.S. Customs and Border Protection statistics show that while overall apprehension numbers are down from two years ago, the number of family members being apprehended will almost certainly surpass the total of two years ago.

Both family apprehensions and detentions of unaccompanied children have shown dramatic increases over last year’s totals – with family detentions nearly doubling and the number children traveling without parents increasing 52 percent.

Those increases raise serious questions about the Obama administration’s strategy to curb the flow through a combination of immigration enforcement and humanitarian assistance.

“It has been a failure, because people are still coming,” said Amy Fischer, the policy director for the Texas-based Refugee and Immigrant Center for Education and Legal Services.

Many migrants from Central America cite violence in their homelands as the reason for seeking refuge in the United States. The Obama administration has created a variety of programs, including aid to Central American governments, to try to tamp down that violence. The administration acknowledged over the summer that efforts have been “insufficient to address the number of people who may have legitimate refugee claims.”

A total of 68,445 family members were apprehended in 2014, when a surge of Salvadoran, Honduran and Guatemalan mothers and children fleeing violence and poverty raced into the Rio Grande Valley of Texas.

This year, with one month left in the fiscal year, more than 68,080 family members have been apprehended. With apprehensions averaging 6,189 a month, the annual total is certain to be a record. No month this year has seen fewer than 3,000 family members detained. In August, Border Patrol agents apprehended 9,359 family members, the highest yet of the year.

Honduras, Guatemala and El Salvador are three of the most violent countries in the world.

The Office of the United Nations High Commissioner for Refugees warned last October that women from Central America would continue to flee their countries because of the escalating tide of violence, including domestic violence and rape, fueled by sophisticated transnational gangs.

The number of Central Americans seeking asylum in the United States has grown nearly eightfold in the last six years. Mexico, Canada, Nicaragua and Costa Rica also have seen an increase in Guatemalans, Hondurans and Salvadorans seeking refugee status, according to the United Nations high commissioner for refugees.

Federal officials have an obligation under national and international law to protect the vulnerable. The challenge is determining who qualifies as a bona fide refugee and who has come for family or economic reasons.

The surge has exacerbated an already long backlog of hundreds of thousands who are awaiting cases in immigration court. To receive asylum in the United States, applicants must prove they have well-founded fears of persecution because of “race, religion, nationality, membership in a particular social group or political opinion.” These cases can take years to resolve.

Homeland Security officials said they continued to monitor migration trends and were working aggressively to “deter unauthorized migration, while ensuring that those with legitimate humanitarian claims are afforded the opportunity to seek protection.”

The White House reached an agreement with Costa Rica in July to host up to 200 Central American refugee applicants while the United States assessed their asylum claims. It was part of a larger package of measures put in place to protect migrants that included expanding the number of people who can apply to the U.S. refugee program for children. The administration also worked with Congress to secure $750 million to help El Salvador, Guatemala and Honduras fight poverty and violence as well as reform their governments.

President Barack Obama has authorized spending up to $70 million to meet the “unexpected urgent refugee and migration needs related to the U.S. Refugee Admissions Program.”

But Homeland Security Secretary Jeh Johnson has made it clear that deportations of Central Americans will continue despite recognition of the crisis.

“As long as we have border security and as long as our borders are not open borders,” Johnson told reporters last month. “We have to be consistent with our priorities.” More here.

 

Illegal Immigrant Children in US Gangs and Slavery

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Unaccompanied minors swelling ranks of American gangs, say experts

FNC: surge of unaccompanied children coming across the southern border could be swelling the ranks of one of America’s most dangerous gangs, either as fresh recruits or hardened sleepers, according to federal authorities.

Some 227,149 unaccompanied children have been apprehended at the border over the last six years, according to the U.S. Border Patrol. They remain in federal custody until a sponsor can be located, at which time they are often sent to communities where they are ripe for recruitment by Latin gangs such as the infamous MS-13.

“Our safety standards have increased,” Andrea Helling, spokeswoman for the U.S. Department of Health and Human Services, told FoxNews.com. “In the last few months screening procedures of children and sponsors has increased in their intensity which we hadn’t done previously.”

Federal law requires the Department of Homeland Security transfer children under 18 to the custody of Helling’s agency until they are released to an appropriate sponsor, usually a relative, while their immigration cases are adjudicated. Some observers say that, at the least, the process sends a steady stream of loosely supervised youths lacking in language and coping skills right into the waiting arms of criminal gangs. At worst, the unaccompanied minors were already initiated into the gangs before they arrived at the border.

MS-13 is believed to be among the largest street gangs on New York’s Long Island, and more than 250 members have been convicted on federal felony charges since 2003. Federal prosecutors there have pinned more than 20 murders on the violent gang.

Meanwhile, over the last year, Long Island has received 2,093 unaccompanied children, and between October 2013 and July 2016, all of New York received 12,478 children from Central America. The overwhelming majority of the kids are not criminals and likely have competent sponsors. But some are.

In June 2015, MS-13 members and El Salvadoran immigrants Jose Cornejo, 17, Bryan Larios, 18 and Joel Escobar, 17, all of Brentwood, N.Y. were charged with the brutal rape of a 16 year-old girl on a local golf course.

Earlier this week, Joshua Guzman, 15, was shot and killed in the Long Island city of Hempstead. While not an unaccompanied immigrant, the boy’s father, Raul Guzman, told Newsday his son was under pressure to join a gang. Police believe his murder may be related.

“We’re looking at the possibility,” said Lt. Richard LeBrun, spokesman, Nassau County Police Department, that Guzman’s murder could be gang related.

MS-13 has a foothold in numerous other communities, where unaccompanied minors are being sent. Texas, which has seen a spike in MS-13 crime has received 15,999 over the same period. The 2015 Texas Department of Public Safety Gang Threat Assessment found MS-13 boasts some 800 members, and authorities explicitly blamed the flood of unaccompanied children being placed in the state.

“The influx of illegal alien gang members crossing the border into Texas in 2014, along with reports of extremely violent murders committed by its members in the Houston area, positions the gang as one of the most significant gang threats in the state for this upcoming year,” the report stated.

Other areas that have seen an influx in MS-13 crime are Maryland, Texas, and Virginia. Fairfax County, Va. has seen a 160 percent increase in MS-13 related incidents through April compared to the previous year.

Helling said HHS is looking more closely at the sponsors who step forward to take custody of the minors.

“Our responsibility is providing a safe place for these children,” she said.

She said that high-risk children who may have been identified as gang members by DHS would likely be placed in either a staff secure or secure-juvenile detention facility. But even if they are not gang members when they come into the U.S., the risk remains that they could fall prey to recruitment efforts.

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The other part of the story, the dark side of America:

Human Trafficking—Exploitation of Illegal Aliens

ISSUE BRIEF | AUGUST 2016

FairUS.org: The large and persistent influx of illegal aliens contributes to an environment of vulnerability and abuse. Wherever the law fails to hold people accountable, crime will flourish. The federal government’s failure to effectively address the illegal alien dilemma creates and perpetuates an environment in which exploitation runs rampant.

It is estimated that 17,000 to 19,0001 foreign nationals are trafficked into the United States each year. Trafficking is the recruitment and possible transport of persons within or across boundaries by force, fraud, or deception for the purpose of exploiting them economically. Victims are lured with false promises of good jobs and better lives, and then forced to work under brutal and inhuman conditions. Victims of trafficking are exploited for purposes of commercial sex, including prostitution, stripping, pornography live-sex shows and other acts. However, trafficking also takes place as labor exploitation, including domestic servitude, sweatshop factories, agricultural work and more. After drug dealing, human trafficking is tied with the illegal arms industry as the second largest criminal industry in the world today, and it is the fastest growing.

While anyone can become a victim of trafficking, illegal aliens are highly vulnerable to being trafficked due to a combination of factors, including lack of legal status and protections, limited language skills and employment options, poverty and immigration-related debts, and social isolation. They are often victimized by traffickers from a similar ethnic or national background, on whom they may be dependent for employment or support in the foreign country.

The information below, taken from news and government sources, demonstrates the prevalence of human trafficking in the United States and the precarious nature many illegal aliens face. American immigrants seek opportunities far better than these nightmares, but often fall victim to a flawed immigration enforcement system. Human trafficking violates the promise that every person in the United States is guaranteed basic human rights. A critical strategy in ending human trafficking is better enforcement of our immigration laws and improved federal-local cooperation in law enforcement.

Examples of Human Trafficking in the United States

    • June 2016 — Aroldo Castillo- Serrano was sentenced to more than 15 years in prison for his part in smuggling Guatemalan workers, including minors, and making them work 12 hour days. They were forced to live in cramped conditions and were made to pay off a significant debt incurred by Castillo-Serrano. Ana Angelica Pedro Juan was also sentenced to 10 years in prison for her part in the operation.
    • January 2015 — Rafael Alberto Cardena-Sosa was sentenced to serve 15 years in prison for participating in a family run sex trafficking organization. His family member, Carmen Cadena, pleaded guilty and faces a maximum sentence of five years in prison. The two family members are responsible for luring young women and girls from Mexico and illegally smuggling them into the United States. They then imposed a smuggling debt and forced them into prostitution with physical force and death threats.
    • January 2015—Three brothers, Jorge, Ricardo and Leonel Estrada-Tepal pled guilty to sex trafficking charges. The Mexican nationals illegally transported females from Mexico to the United States and forced them to work as prostitutes in various cities. They face sentences ranging from a minimum of ten years behind bars to a maximum of life in prison.
    • September 2014—Charles Marquez was sentenced to life in federal prison for recruiting women in Mexico by placing an advertisement in Ciudad Juarez offering jobs in the United States. Once recruited, he harbored them in motels and forced them into prostitution. He worked with Martha Jimenez Sanchez who faces up to ten years in prison after pleading guilty. Sanchez was released on bond and is awaiting sentencing.
    • May 2013 — German Rolando Vicente-Sapon, an illegal alien, was sentenced to more than 15 years in federal prison for illegally smuggling and trafficking a 14 year old Guatemalan girl to Chattanooga, TN for $2,000 and coercing her into having sex. He will be deported after completing his prison sentence.
    • March 2013 — Susan Lee Gross was sentenced to 30 months in prison for her role in using a massage parlor as a front for a prostitution house. She transported women to work as prostitutes at her parlor and laundered the proceeds. Gross made them travel to various places around the United States. The women were originally from Korea and some were unlawfully present in the United States. Most lacked language and employment skills.
    • March 2013 — Moonseop Kim, who was illegally in the country, pleaded guilty to illegally transporting women from South Korea into Mississippi for financial gain with a sex trafficking organization. He posted an internet ad offering Korean female escort services. He is facing a maximum penalty of 10 years in federal prison as well as a deportation following the completion of his prison term.
    • July 2012 — Omelyan Botsvynyuk and Stepan Botsvynyuk were convicted of recruiting workers from Ukraine and forcing them to work through physical violence and threats of sexual assault. The victims never received compensation, but were rather instructed to work until their debts, ranging from $10,000 to $50,000, were paid off. They told victims that their families would be kidnapped and forced into prostitution if anyone attempted to escape. The two brothers were found guilty and received sentences of life plus 20 years in prison and 20 years.
    • October 2011 — Edk Kenit and Choimina Lukas pleaded guilty to document servitude and labor trafficking. The Micronesian couple recruited the victim from their home country to become their domestic servant. When she arrived, the couple took her passport in order to compel the victim to work for them. The couple prevented the victim from having friends, going out of the house or participating in social gatherings.
  • January 2011 — Lucinda Lyons Shackleford was indicted on charges of forced labor and document servitude (The withholding of an individual’s legal documents). He promised to take care of the victim after placement from the U.S. Department of Health and Human Services’ Family Reunification Program, but instead forced him to engage in various types of labor. Shackleford failed to provide him with adequate food or any form of payment for his labor.

Endnotes

  1. Shandra Woworuntu, “My life as a sex-trafficking victim,” BBC News, March, 2016, ; Trafficking in Persons Report, 2007, U.S. Department of State.

Great Legal Decision on Obama’s Genderless Bathrooms

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Post from: Washington Blade, America’s Leading LGBT News Source

Judge blocks guidance on bathroom access for trans students

A federal judge has blocked the enforcement of guidance from the Obama administration prohibiting schools from discriminating against transgender students, including denying them access to public restrooms consistent with their gender identity.

U.S. District Judge Reed O’Connor, an appointee of former President George W. Bush, issued the preliminary injunction late Sunday in response to a lawsuit filed in May by Texas Attorney General Ken Paxton on behalf of 12 states and two school districts.

In the 38-page order, O’Connor writes the case “presents the difficult issue of balancing” the rights of transgender students and privacy concerns, but he nonetheless sides with states suing the Obama administration.

“The sensitivity to this matter is heightened because defendants’ actions apply to the youngest child attending school and continues for every year throughout each child’s educational career,” O’Connor writes. “The resolution of this difficult policy issue is not, however, the subject of this order. Instead, the Constitution assigns these policy choices to the appropriate elected and appointed officials, who must follow the proper legal procedure.”

In May, the Departments of Justice and Education said schools are barred from discriminating against transgender students, including in bathroom use, under the prohibition of gender bias in Title IX of the Education Amendments of 1972. That means schools refusing to allow transgender students to use the restroom consistent with their gender identity are at risk of losing federal funds.

The court order doesn’t devote significant discussion to why transgender students should be subjected to schools barring them from restroom use consistent with their gender identity, but cites the intent of Congress in passing Title IX and portions of the law that allow schools to segregate students by gender.

“Without question, permitting educational institutions to provide separate housing to male and female students, and separate educational instruction concerning human sexuality, was to protect students’ personal privacy, or discussion of their personal privacy, while in the presence of members of the opposite biological sex,” O’Connor writes.

Critics say Paxton and the states he represents lacked standing to sue the Obama administration over the guidance, but O’Connor writes they’re able to sue because the guidance is “clearly designed to target plaintiffs’ conduct.”

“Guidelines will force plaintiffs to consider ways to build or reconstruct restrooms, and how to accommodate students who may seek to use private single person facilities, as other school districts and employers who have been subjected to Defendants’ enforcement actions have had to do,” O’Connor writes. “That the guidelines spur this added regulatory compliance analysis satisfies the injury in fact requirement.”

O’Connor writes the injunction “should apply nationwide” and states that don’t wish to comply with the order “can easily avoid doing so by state law that recognizes the permissive nature.” The injunction, O’Connor writes, shouldn’t interfere with similar cases pending before federal courts on transgender bathroom use and “parties should file a pleading describing those cases so the court can appropriately narrow the scope if appropriate.”

Kasey Suffredini, chief program officer for Freedom for All Americans, called the ruling a “step back for transgender protections,” criticizing O’Connor for the decision and refusing to hear from a single transgender student during court proceedings.

“It is shameful that opponents of equality have forced this lawsuit forward in an attempt to make transgender Americans pawns in a political game; but this ruling will not stand the test of time,” Suffredini said. “All transgender Americans – particularly transgender youth – deserve to be treated with dignity and respect. No singular court ruling negates the right of all Americans to receive equal treatment under the law – that’s one of our nation’s founding values.”

Paxton in a statement after the ruling said the plaintiff states are “pleased” with the decision and it restricts “the Obama administration’s latest illegal federal overreach.”

“This president is attempting to rewrite the laws enacted by the elected representatives of the people, and is threatening to take away federal funding from schools to force them to conform,” Paxton said. “That cannot be allowed to continue, which is why we took action to protect states and school districts, who are charged under state law to establish a safe and disciplined environment conducive to student learning.”

Dena Iverson, a spokesperson for the U.S. Justice Department, said the Obama administration is considering the order and whether to appeal to the U.S. Fifth Circuit Court of Appeals.

“The department is disappointed in the court’s decision, and we are reviewing our options,” Iverson said.

Given the broad nature of the litigation — which sought not only to bar enforcement of the Obama administration guidance, but general enforcement of federal laws against gender discrimination to protect transgender people — the nature of the injunction is sweeping and one that defies years of legal precedent establishing transgender discrimination amounts to gender discrimination.

Five civil rights organizations that had submitted a friend-of-the-court brief in the lawsuit – Lambda Legal, American Civil Liberties Union and ACLU of Texas, National Center for Lesbian Rights, Transgender Law Center and GLBTQ Legal Advocates & Defenders — issued a joint statement in the aftermath of the injunction saying nothing has changed.

“A ruling by a single judge in one circuit cannot and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination,” the statement says. “This unfortunate and premature ruling may, however, confuse school districts that are simply trying to support their students, including their transgender students. So let us make it clear to those districts: your obligations under the law have not changed, and you are still not only allowed but required to treat transgender students fairly.”

The statement also criticizes O’Connor for a decision the organizations say “targets a small, vulnerable group of young people – transgender elementary and high school students – for potential continued harassment, stigma and abuse.”

This ruling isn’t the first anti-LGBT decision made by O’Connor. Prior to the U.S. Supreme Court decision last year in favor of same-sex marriage nationwide, O’Connor issued an injunction allowing married same-sex couples to access benefits under the Family & Medical Leave Act in states without marriage equality.