Immigrants Participating in Health and Nutrition Programs Become Latest Target of Trump Administration Deportation Efforts

Washington, D.C. - January 24, 2019 - (The Ponder News) -- Over the weekend, the Trump administration released a proposed rule to dramatically expand how individuals’ use of critical health programs and services to meet basic living requirements like food and shelter may be evaluated to determine eligibility for green cards or admission to the United States. As stated in the proposed rule, a person may be denied admission to the US, lawful permanent resident (LPR) status or a visa extension on “public charge” grounds if they use certain health, nutrition, and housing programs.

These drastic proposed changes to how public charge is evaluated in the immigration system will have sweeping implications for how immigrant families access health care in the United States, potentially discouraging millions of eligible individuals from receiving medical attention, while exacerbating child poverty, hunger and homelessness. The publication of the proposed changes to public charge opens a 60-day comment period in which advocates and the public can respond.

Said Erin Quinn, Senior Staff Attorney at the Immigrant Legal Resource Center:

“Rather than allowing eligible families to access the support they need to stay healthy and thrive, the Trump administration is targeting the most vulnerable with this proposed rule. It would force immigrants to make the choice between receiving care to cover the basic needs for themselves and their families or endangering their immigration status. This is not a choice that any individual should have to make and it is one that betrays our country’s storied commitment to compassion and opportunity.

“This unacceptable proposal is the latest effort in this administration’s ongoing effort to dismantle a system that serves as a safety net for those trying to make a life in the United States. We all benefit from healthy communities and we should be protecting this already-underserved population, not threatening their ability to live legally in this country if they access the few assurances of health and safety available to them.

“This is the latest move in the Trump agenda to target people of color—but the narrow, outdated vision Trump promotes of who belongs no longer holds true as a majority of Americans support humane immigration policies. Furthermore, this proposed rule change undermines our communities and families--cornerstones of American life.”

Importantly, this proposed rule is not yet law. The ILRC joins other advocacy groups in submitting comments to the proposed rule change during the 60-day comment period. We will continue to work with immigrants and their families to ensure they do not forego critical benefits and services for which they are eligible. This rule change does not affect lawful permanent residents who are seeking naturalization. Unless and until this rule is enacted, immigrants can continue to use programs for which they qualify without any new immigration-related consequence.

HRC Responds to HHS Discriminating Against Jewish, LGBTQ, and Other Families

Washington, D.C. - January 24, 2019 - (The Ponder News) -- The Human Rights Campaign (HRC), the nation’s largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) organization, responded to a decision by the Department of Health and Human Services (HHS) to grant a waiver from federal non-discrimination requirements to South Carolina’s Foster Care Program, which has contracted with a child welfare provider who seeks permission to refuse to serve prospective parents who do not share their religious beliefs, but who wants to continue to receive federal funding to provide those services. South Carolina requested the waiver to allow federal funds to go to a child welfare agency that refused to place children with Jewish families. By granting that waiver, HHS is opening the door to federally-funded discrimination justified by religious belief against any number of prospective parents, including single parents, LGBTQ individuals or same-sex couples, parents who may previously have been divorced, interfaith couples, or people of deep faith that happens to be of another religion.

“Every decision that is made by a provider of child welfare services must be grounded in doing what is the best interest of the child, period. Providing care for these kids is critically important, and too many kids languish in the foster care system because there aren’t enough foster and adoptive parents for each child. Allowing a federal contractor the ability to refuse to work with qualified prospective parents - limiting the pool of prospective parents even further - is directly counter to the best interests of the children waiting for families,” said Cathryn Oakley, HRC State Legislative Director & Senior Counsel. “The federal government has a compelling interest in ensuring federal contractors are providing quality care, and in ensuring that taxpayers aren’t footing the bill for taxpayer-funded discrimination. This waiver is unconscionable, in no small part because it prioritizes federal contractors over kids in need of families.”

Federal law prohibits discrimination in federally-funded programs against foster parents on religious grounds, but ten states permit discrimination by state-licensed foster care organizations against LGBTQ people,same-sex coupless and others if doing so conflicts with the organization’s religious beliefs.

HRC recently released a report, titled Disregarding the Best Interest of the Child: License to Discriminate In Child Welfare Services, detailing the harms of efforts to write anti-LGBTQ discrimination by child welfare agencies into law. Statistics suggest that an estimated two million LGBTQ adults in the U.S. are interested in adoption, but the LGBTQ community often remains an untapped resource when it comes to finding families for children and youth in foster care. The report debunks the myth that having more providers is the key to higher rates of placement in homes; the bottleneck is not the number of providers, but the number of prospective parents. Where providers have ceased to provide services rather than comply with nondiscrimination laws, placement rates did not decrease.significantly as a result.

Further, research consistently shows that LGBTQ youth are overrepresented in the foster care system, as many have been rejected by their families of origin because of their LGBTQ status, and are especially vulnerable to discrimination and mistreatment while in foster care. Granting this waiver will only exacerbate these challenges faced by LGBTQ young people.

Schiff and Cummings Statement on Intimidation of Michael Cohen

Washington, D.C. - January 24, 2019 - (The Ponder News) -- Rep. Elijah E. Cummings, the Chairman of the Committee on Oversight and Reform, and Rep. Adam Schiff, the Chairman of the House Permanent Select Committee on Intelligence, issued the following statement in response to a request received by Michael Cohen to postpone his upcoming testimony before Congress:

“We have received Mr. Cohen’s notice postponing his voluntary appearance in an open hearing before the Committee on Oversight and Reform. We certainly understand the completely legitimate concerns for the safety and security of Mr. Cohen and his family members in light of the attacks last week by President Trump and again this past weekend by his attorney, Rudy Giuliani.

“As we stated previously with our colleague, Chairman Jerry Nadler of the Judiciary Committee, efforts to intimidate witnesses, scare their family members, or prevent them from testifying before Congress are textbook mob tactics that we condemn in the strongest terms. Our nation’s laws prohibit efforts to discourage, intimidate, or otherwise pressure a witness not to provide testimony to Congress. The President should make no statement or take any action to obstruct Congress’ independent oversight and investigative efforts, including by seeking to discourage any witness from testifying in response to a duly authorized request from Congress.

“We understand that Mr. Cohen’s wife and other family members fear for their safety after these attacks, and we have repeatedly offered our assistance to work with law enforcement to enhance security measures for Mr. Cohen and his family.

“Nevertheless, when our Committees began discussions with Mr. Cohen’s attorney, not appearing before Congress was never an option. We will not let the President’s tactics prevent Congress from fulfilling our constitutionally mandated oversight responsibilities. This will not stop us from getting to the truth. We expect Mr. Cohen to appear before both Committees, and we remain engaged with his counsel about his upcoming appearances.”

Democratic Leaders Condemn Trump Administration Move to Allow Discrimination in Foster Care

Washington, D.C. - January 24, 2019 - (The Ponder News) -- Education and Labor Committee Chairman Bobby Scott (D-VA) and Ways and Means Committee Chairman Richard Neal (D-MA) released the following statement regarding the Trump administration’s decision to allow foster care placement agencies to discriminate using federal funds:

“Through today’s decision, the Trump administration is endorsing discrimination by giving taxpayer money to foster care entities that discriminate against foster parents based on religious beliefs. Even worse, this waiver allows the foster care system to engage in discrimination that ignores the best interests of our most vulnerable children and exacerbates the shortage of qualified foster parents.

“We must reject all attempts to discriminate based on race, religion, or any other protected class. But for a taxpayer-funded organization to deny children a loving home based on religious beliefs is a particularly egregious violation of a fundamental American principle.”

Healthcare Leadership Council Endorses Bipartisan Legislation to Extend Health Insurance Tax Delay for Two Years

Washington, D.C. - January 24, 2019 - (The Ponder News) -- A multi-sector alliance of healthcare leaders has endorsed bipartisan Senate legislation that would prevent the health insurance tax, currently suspended until the end of 2019, from being implemented for two additional years.

The Healthcare Leadership Council, comprised of chief executives from the nation’s leading healthcare companies, said it will support the “Health Insurance Tax Relief Act,” introduced by Senators John Barrasso (R-WY), Cory Gardner (R-CO), Doug Jones (D-AL), Tim Scott (R-SC), Jeanne Shaheen (D-NH), and Kyrsten Sinema (D-AZ).

The tax, applied to health insurers on the premiums they collect, would result in higher health coverage costs, for tens of millions of consumers and employers. According to the Oliver Wyman consulting firm, if the tax goes into effect, annual premiums will rise by more than $450 for families in either the large or small group markets. Individuals in the non-group market would pay nearly $200 more per year.

“This is an unnecessary, counterproductive tax that would make health insurance less affordable for millions of American families,” said HLC president Mary R. Grealy. “There is much work to be done in this Congress to bring greater stability to the health insurance marketplace and contain healthcare costs through value-focused reforms, but lawmakers must start by preventing the harm that will occur if this tax becomes effective at the end of the year.”

Ms. Grealy said must act expeditiously on this legislation because health insurers will soon be determining their rates for 2020 and will have to factor in the expected costs from this tax if it is not eliminated or suspended.

“We’re very pleased that this effort has such strong bipartisan leadership,” said Ms. Grealy. “The sponsors of this legislation deserve praise for reaching across the aisle to seek health coverage affordability for patients and consumers.”

Big News For California’s Gun Owners: U.S. Supreme Court Set To Hear The First Major 2nd Amendment Case In Ten Years.

Springfield, VA - January 24, 2019 - (The Ponder News) -- the United States Supreme Court granted a Writ of Certiorari in NYSRP v. NY City, a case in which Gun Owners of America (GOA) and Gun Owners Foundation (GOF) have submitted an amicus brief.

This case challenges New York City’s near-prohibition on possessing or transporting handguns, and this is the first major Second Amendment challenge to be reviewed by the Supreme Court in almost a decade.

GOA’s executive director, Erich Pratt, stated, “Gun owners across the country — especially those ‘behind enemy lines’ living in anti-gun states — are rejoicing that the Supreme Court is taking up a Second Amendment case. For far too long, judges have ignored the Second Amendment, along with the Heller and McDonald decisions, instead employing a ‘balancing’ test that effectively leaves gun owners in anti-gun states with a second-class right to keep and bear arms.”

In fact, GOA’s brief specifically challenges the “balancing” approach taken by judges in the lower courts.

GOA’s brief states, “Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test … [where judges] usurp the role of the Framers of the Second Amendment.”

“GOA’s hard-hitting brief before the Supreme Court cuts to the heart of this problem by arguing that judges have to follow the Constitution — and the text of the Second Amendment — rather than imposing their own preconceived views upon the text,” Pratt concluded.

GOA’s brief can be viewed here.

REP. ADRIANO ESPAILLAT AND 180 DEMOCRATS UNVEIL THE RAISE THE WAGE ACT OF 2019

Washington, D.C. - January 23, 2019 - (The Ponder News) -- Rep. Adriano Espaillat (NY-13) joined 180 Democrats in unveiling the Raise the Wage Act of 2019. The bill would gradually raise the minimum wage to $15 by 2024, index future minimum wage increases to median wage growth, and ensure all workers are paid at least the full federal minimum wage by phasing out the subminimum wages for tipped workers, youth workers, and workers with disabilities.

“American workers are overdue for a raise,” said Rep. Adriano Espaillat (NY-13). “Gradually raising the minimum wage to $15 by 2024 nationwide will be good for workers, good for businesses, and good for the economy. I am proud to stand with my Democratic colleagues to support this proposal that would put money in the pockets of 40 million hardworking Americans and support local economies and the economic growth of our nation.”

Currently, there is no place in America where a full-time worker can make the $7.25 federal minimum wage and afford the basic essentials. The federal minimum wage has not been raised in nearly a decade. This year, the minimum wage in New York City increased to $15 for businesses with more than 10 employees.

According to a 2016 Gallup poll, 58% of Americans support increasing the minimum wage to $15.

The Raise the Wage Act would gradually raise the federal minimum wage from $7.25 to $15 over the next six years to lift millions of workers out of poverty, stimulate local economies, and restore the value of minimum wage; index future increases in the federal minimum wage to median wage growth to ensure the value of minimum wage does not once again erode over time; and, guarantee tipped workers are paid at least the full federal minimum wage by repealing the subminimum wage for tipped workers, which will ensure consistent, livable pay.

Additionally, the bill would guarantee teen workers are paid at least the full federal minimum wage by repealing the rarely used subminimum wage for youth workers; and, end subminimum wage certificates for individuals with disabilities to provide opportunities for individuals with disabilities to be competitively employed, taxpaying citizens and participate more fully in their communities.

BECOME A CO-SIGNER OF THE “RAISE THE WAGE ACT OF 2019.”

To read the bill text of the Raise the Wage Act, click here.

To read the section-by-section of the Raise the Wage Act, click here.

To read a fact sheet on Raise the Wage Act, click here.

ENGEL AND & MCCAUL APPLAUD HOUSE PASSAGE OF SYRIA SANCTIONS BILL

Washington, D.C. - January 23, 2019 - (The Ponder News) -- Representative Eliot L. Engel, Chairman of the House Committee on Foreign Affairs, and Rep. Michael McCaul, the Committee’s Ranking Member welcomed unanimous passage in the House of Representatives of legislation to impose new sanctions on Syria’s Assad regime and its supporters and encourage negotiations to end the nearly eight-year old crisis. The Caesar Syria Civilian Protection Act is named for the former Syrian military photographer known as “Caesar” who documented Assad’s horrific brutality.

“The world has failed the Syrian people. Nothing can undo the horrors they have had to endure for nearly eight years. Nothing can bring back those who have been lost. But the world owes it to the living and the dead to try to bring this crisis to an end. And the role America must play is to push for a political solution that allows the Syrian people to choose their own future. That’s what American leadership looks like. That’s what sets us apart from other great powers on the world stage. We simply cannot look the other way and allow Assad, Russia, and Iran to steamroll over Syria,” said Chairman Engel on the House floor. “My bill would give the Administration greater leverage to raise the cost for Assad and crack down on his lifelines.”

Ranking Member McCaul said, “For seven years, the brutal Assad regime has carried out a merciless campaign of violence and murder with impunity. In order to secure lasting peace in the region, we need a strategy that moves beyond Assad’s debilitating stronghold to encourage negotiations and pursue a political solution to end this conflict. This legislation provides the Administration much-needed leverage to impose sanctions against Assad and his backers, punish war criminals, and cut off funding that fuels the regime’s war tactics. We must act immediately to hold Assad and his supporters accountable to deter this perpetual cycle of brutality against the innocent people of Syria. I look forward getting this vital legislation over to the White House.”

The Caesar Syrian Civilian Protection Act of 2019 is named in honor of the former Syrian military photographer “Caesar” who risked his life to show members of the House Foreign Affairs Committee Assad’s torture of Syrian civilians. This bill would impose new sanctions on human rights abuses, encourage negotiations, and authorize the State Department to support entities that are collecting and preserving the chain of evidence for eventual prosecution of those committing war crimes or crimes against humanity in Syria. This legislation also leaves flexibility for the Administration so that sanctions can be waived on a case-by-case basis to keep negotiations moving along.

The Caesar Syria Civilian Protection Act would require the President to impose new sanctions on anyone who

Does business with or provides financing to the Government of Syria, including Syrian intelligence and security services, or the Central Bank of Syria;

Provides aircraft or spare parts for aircraft to Syria’s airlines (including financing);

Is involved with construction and engineering projects controlled by the Syrian government; or

Supports Syria’s energy industry.

The bill includes provisions to ensure that non-governmental organizations providing assistance to Syria are not inadvertently caught by sanctions, except in the case of a designated terrorist.

Under the bill, the President could waive sanctions on a case-by-case basis. Also, sanctions could be suspended if the parties are engaged in meaningful negotiations and the violence against civilians has ceased. Suspension would be renewable if the suspension is critical to the continuation of negotiations and attacks against civilians have not resumed.

Diaz-Balart: Democratic Leadership Rejects Another Bipartisan Solution to End Shutdown

Washington, D.C. - January 23, 2019 - (The Ponder News) -- Congressman Mario Diaz-Balart (FL-25) issued the following statement after he testified before the House Rules Committee on his amendment that includes $5.7 billion in border security, the most recent version of the DREAM bill presented by House Democrats, a permanent solution for Temporary Protected Status (TPS) beneficiaries with status nearing expiration, and $12.7 billion in supplemental disaster relief.

“At the Rules Committee this evening, I presented a commonsense solution to end this government shutdown. The amendment I proposed includes funding for border security, provides permanent relief for DREAMers and TPS recipients, and delivers critical dollars to communities impacted by natural disasters. This shutdown is unnecessary and is hurting the thousands of federal employees furloughed and the countless American families who depend on federal programs. I am exceedingly disappointed Democratic leadership has yet again rejected an amendment which would garner bipartisan support and will not have the opportunity to be debated on the House floor. My amendment not only gets us closer to reopening our government, but also protects our national security, addresses vulnerable immigrant communities who seek legal status, and helps those who are rebuilding after Hurricane Michael. Once again, I urge Democratic leadership to consider a real solution to ending the shutdown, whether it be one of my proposals or that of another Member of Congress, that will have a fair chance at Senate consideration and becoming law.”

Earlier this month, Diaz-Balart presented four similar amendments that addressed DREAMers, TPS, and border security and would have opened the government. Democratic leadership also rejected those amendments.

BREAKING: Federal Lawsuit Filed Challenging Trump Bump-Stock Ban; Injunction Sought

Washington, D.C. - January 22, 2019 - (The Ponder News) -- On Friday, attorneys for an owner of a “bump-stock” device and three constitutional rights advocacy organizations filed a federal lawsuit against the Trump Administration’s new confiscatory ban on firearm parts, additionally challenging Matthew Whitaker’s legal authority to serve as Acting Attorney General and issue rules without being nominated to the role and confirmed by the Senate or by operation of law. A copy of the court filings can be viewed at www.bumpstockcase.com.

The plaintiffs also filed a motion seeking a temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation. The lawsuit, captioned as Guedes, et al. v. BATFE, et al., is backed by Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and Madison Society Foundation (MSF), also institutional plaintiffs in the case.

“Bump-stocks” were legal under federal law and prior determinations of the Bureau of Alcohol, Tobacco, Firearms and Explosives until the agency issued a new final rulemaking today. Under the new rule, owners of the devices have just 90 days to surrender or destroy their property, after which they could face federal ‘machinegun’ charges that carry up to 10 years in prison and $250,000 in fines for each violation.

The plaintiffs are represented by attorneys Joshua Prince and Adam Kraut of Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C. Prince and Kraut previously filed a nearly 1,000-page formal opposition to the proposed regulation, which included a video exhibit showing the actual operation of a “bump-stock” device on an AR-15 type firearm. That opposition and its 35 exhibits can be viewed at www.bit.ly/fpc-bumpstock-reg-opposition.

“The ATF has misled the public about bump-stock devices,” Prince said. “Worse, they are actively attempting to make felons out of people who relied on their legal opinions to lawfully acquire and possess devices the government unilaterally, unconstitutionally, and improperly decided to reclassify as ‘machineguns’. We are optimistic that the court will act swiftly to protect the rights and property of Americans who own these devices, and once the matter has been fully briefed and considered by the court, that the regulation will be struck down permanently.”

In a January statement, Firearms Policy Coalition said that the federal “DOJ and BATFE clearly lack the statutory authority to re-define the targeted devices as ‘machineguns.’” Following that, in February, FPC also commented that as they “opposed the lawless manner in which President Obama often ruled by ‘pen-and-a-phone’ executive fiat,” they objected to and would fight “President Trump’s outrageous lawlessness here.”

“In its rulemaking, the Trump Administration is attempting to abuse the system, ignore the statutes passed by the Congress, and thumb its nose at the Constitution without regard to the liberty and property rights of Americans. That is unacceptable and dangerous,” explained Adam Kraut, an attorney for the plaintiffs. “It is beyond comprehension that the government would seek establish a precedent that it can arbitrarily redefine terms and subject thousands of people to serious criminal liability and the loss of property.”

To support this lawsuit and for more information click HERE