position:federal judge

  • Federal judge rules Uber calling its drivers independent contractors may violate antitrust and harm competition / Boing Boing
    https://boingboing.net/2019/06/21/labor-uber.html

    A federal judge has ruled that alleged misclassification of drivers as independent contractors by the ride-hailing service app Uber could harm competition and violate the spirit of America’s antitrust laws.

    • Lawsuit says misclassifying workers creates competitive harm
    • 30 days to amend complaint with new information

    The ruling by Judge Edward Chen of the U.S. District Court for the Northern District of California is not a final decision in the case, but is a “significant warning to ride-hailing companies,” Bloomberg News reports.

    “It signals how a 2018 California Supreme Court case and future worker classification laws could open the floodgates to worker misclassification and antitrust claims.”

    Uber’s Worker Business Model May Harm Competition, Judge Says
    https://news.bloomberglaw.com/daily-labor-report/ubers-worker-business-model-may-harm-competition-judge-says

    Uber’s Worker Business Model May Harm Competition, Judge Says
    Posted June 21, 2019
    Suit: Misclassifying workers produces competitive harm
    Complaint must be amended within 30 days with new information
    Uber‘s alleged misclassification of drivers as independent contractors could significantly harm competition and violate the spirit of antitrust laws, a federal judge ruled.

    The ruling, although not a final decision in the case, is a significant warning to ride-hailing companies. It signals how a 2018 California Supreme Court case and future worker classification laws could open the floodgates to worker misclassification and antitrust claims.

    Judge Edward Chen of the U.S. District Court for the Northern District of California declined to dismiss all of the claims brought against Uber by Los Angeles-based transportation service Diva Limousine, saying the company established a causal link between Uber’s behavior and real economic harm being felt by competitors.

    Driver misclassification could save Uber as much as $500 million annually just in California, according to Diva’s lawyers.

    “Diva’s allegations support the inference that Uber could not have undercut market prices to the same degree without misclassifying its drivers to skirt significant costs,” the judge wrote in the June 20 ruling.

    Unlike employees, independent contractors aren’t entitled to benefits such as health care, unemployment insurance, minimum wages, and overtime.

    An attorney for Diva said he was pleased with the court’s decision and that it was a warning that the company couldn’t skirt California labor laws.

    “There’s an acknowledgement here that Uber not only harms its drivers but also that its conduct crosses the line from robust competition to unfair competition,” said attorney Aaron Sheanin of Robins Kaplan LLP. “And that injures its competitiors, including Diva.”

    Uber didn’t return a request for comment.

    Overall, Uber was only able to get part of Diva’s complaint fully dismissed—specifically, its claims under the state’s Unfair Practices Act. Diva’s claims under the California Unfair Competition Law can proceed once it amends its complaint to address jurisdictional issues and other legal arguments.

    Diva’s lawyers have 30 days to refile an updated complaint which is likely to move forward given the judge’s ruling that the claims have merit.

    The ruling was based in part from language drawn from the California Supreme Court’s April 2018 ruling in Dynamex Operations West Inc. v. Superior Court. That decision made it harder for California employers to classify workers as independent contractors rather than employees. It also condemns misclassification as a type of unfair competition.

    Uber identified Dynamex in regulatory filings as a long-term potential risk factor for its business success.

    The case is Diva Limousine, Ltd. v. Uber Technologies, Inc., N.D. Cal., No. 3:18-cv-05546, Order Issued 6/20/19.

    #USA #Uber #Wettbewerb #Monopol #Urteil #Justiz

  • U.S. is using unreliable dental exams to hold teen migrants in adult detention

    The young Bangladeshi sitting in the dentist’s chair last October thought he was getting checked for diseases.

    Dental staff examined his teeth, gave him a cleaning and sent him back to the juvenile facility where he had been held for months since illegally crossing the border in July.

    But a checkup wasn’t the real purpose of the dental work. The government wanted to figure out if “I.J.,” as the young migrant has been identified, really was 16, as he said, or an adult.

    The use of dental exams to help determine the age of migrants increased sharply in the last year, one aspect of the Trump administration’s crackdown on immigration and illegal border crossings.

    The accuracy of forensic testing to help determine the age of migrants is very much a subject of the debate. And with the stakes so high, the exams are becoming another legal battleground for the government.

    Federal law prohibits the government from relying exclusively on forensic testing of bones and teeth to determine age. But a review of court records shows that in at least three cases – including I.J.’s – the government did just that, causing federal judges to later order the minors released from adult detention.

    In a case last year, a Guatemalan migrant was held in adult detention for nearly a year after a dental exam showed he was likely 18, until his attorneys fought to get his birth certificate, which proved he was 17.

    For I.J., the results had serious ramifications. Based on the development of his teeth, the analysis showed an 87.70% probability that he had turned 18.

    An immigration official reported that it was apparent to the case manager that I.J. “appeared physically older than 17 years of age,” and that he and his mother had not been able to provide a second type of identification that might prove his age.

    The next month, Immigration and Customs Enforcement agents took him away in shackles and placed him in a medium-security prison that houses immigrant detainees.

    He spent about five months in adult detention and 24 of those days in segregated custody. Whenever he spoke with an officer, he would say he was a minor — unaware for more than a month that his teeth had landed him there.

    “I came to the United States with a big dream,” I.J. said. “My dream was finished.”

    But when the Arizona-based Florence Immigrant and Refugee Rights Project took I.J.’s case to federal court, a district judge found that the Office of Refugee Resettlement’s age re-determination violated federal law and the agency’s own guidelines.

    In April, the judge ordered I.J. released back into Office of Refugee Resettlement custody, a program responsible for unaccompanied migrant children. He has since reunited with his family in New York. The Florence Project also filed another case in federal court that resulted in the government voluntarily returning a Bangladeshi minor to ORR custody and rescinding his age re-determination.

    As the government grappled with an influx of the number of families and children arriving at the border in fiscal year 2018, approvals of ORR age determination exams more than doubled.

    These handful of cases where a minor was released from adult detention is almost certainly an undercount, as most migrants held in adult detention do not have legal representation and are unlikely to fight their cases.

    It is unclear how often migrants pretend to be minors and turn out to be adults. In a call with reporters earlier this year, a Customs and Border Protection official said that from April 2018 to March 25 of this year, his agents had identified more than 3,100 individuals in family units making fraudulent claims, including those who misrepresented themselves as minors.

    Unaccompanied minors are given greater protections than adults after being apprehended. The government’s standard refers migrants to adult custody if a dental exam analysis shows at least a 75% probability that they are 18 or older. But other evidence is supposed to be considered.

    Dr. David Senn, the director of the Center for Education and Research in Forensics at UT Health San Antonio, has handled more than 2,000 age cases since 1998.

    A program that Senn helped develop estimates the mean age of a person and the probability that he or she is at least 18. In addition to looking at dental X-rays, he has also looked at skeletal X-rays and analyzed bone development in the hand and wrist area.

    He handled a larger number of cases in the early 2000s, but last year he saw his caseload triple — rising to 168. There appears to be a slowdown this calendar year for Senn, one of a few dentists the government uses for these analyses.

    He said making an exact age determination is not possible.

    “We can only tell you what the statistics say,” Senn said. “I think the really important thing to note is that most people who do this work are not trying to be policemen or to be Border Patrol agents or immigration …. what we’re trying to do is help. What we’re trying to do is protect children.”

    In 2007 and again in 2008, the House Appropriations Committee called on the Department of Homeland Security to stop relying on forensic testing of bones and teeth. But it was the Trafficking Victims Protection Reauthorization Act of 2008 that declared age determinations should take into account “multiple forms of evidence, including the non-exclusive use of radiographs.”

    In a Washington state case, an X-ray analysis by Senn showed a 92.55% probability that Bilal, a Somali migrant, already had reached 18 years of age. ICE removed him from his foster home and held him in an adult detention center.

    “Not only were they trying to save themselves money, which they paid to the foster family, but they were wrecking this kid’s life,” said Matt Adams, legal director for the Northwest Immigrant Rights Project, which represented Bilal. “They were just rolling the dice.”

    In 2016, a federal judge found that the Office of Refugee Resettlement relied exclusively on the dental exam and overturned the age determination for the young Somali.

    Last year, in the case of an Eritrean migrant who said he was 17, Senn’s analysis of dental X-rays showed a 92.55% probability that he had turned 18, and provided a range of possible ages between 17.10 and 23.70.

    It was enough to prompt his removal from a juvenile facility and placement into an adult one.

    Again, a district judge found that the government had relied exclusively on the dental exam to determine his age and ordered the migrant released back into ORR custody.

    Danielle Bennett, an ICE spokeswoman, said the agency “does not track” information on such reversals.

    “We should never be used as the only method to determine age,” Senn said. “If those agencies are not following their own rules, they should have their feet held to the fire.”

    Similar concerns over medical age assessments have sprung up in other countries, including the United Kingdom and Sweden.

    The United Nations High Commissioner for Refugees’ guidance about how adolescent migrants’ ages should be analyzed says that if countries use scientific procedures to determine age, that they should allow for margins of error. Michael Bochenek, an attorney specializing in children’s rights at Human Rights Watch, said that for adolescents, the margin of error in scientific tests is “so big that it doesn’t tell you anything.”

    An influx of Bangladeshi migrants claiming to be minors has contributed to the government’s recent use of dental exams. From October through March 8, more than 150 Bangladeshis who claimed to be minors and were determined to be adults were transferred from the Office of Refugee Resettlement to ICE custody, according to the agency.

    In fiscal year 2018, Border Patrol apprehensions of Bangladeshi migrants went up 109% over the year before, rising to 1,203. Similarly, the number of Bangladeshi minors in ORR custody increased about 221% between fiscal 2017 and fiscal 2018, reaching 392.

    Ali Riaz, a professor at Illinois State University, said Bangladeshis are leaving the country for reasons including high population density, high unemployment among the young, a deteriorating political environment and the “quest for a better life.”

    In October, Myriam Hillin, an ORR federal field specialist, was told that ICE had information showing that a number of Bangladeshi migrants in their custody claiming to be underage had passports with different birth dates than on their birth certificates.

    Bochenek said it’s common for migrant children to travel with fake passports that make them appear older, because in some countries minors are more likely to be intercepted or questioned by immigration agents.

    While I.J. was able to regain status as a minor, three Bangladeshi migrants who crossed the U.S.-Mexico border illegally in the San Diego area in October 2018 are still trying to convince the government they are underage.

    Their passports didn’t match their birth certificates. Dental exams ordered by immigration officials found that each of them had about an 89% likelihood of being adults.

    “Both subjects were adamant that the passports were given to them by the ‘agent’ (smuggler), however, there is little reason to lie to any of the countries they flew into,” wrote one Border Patrol agent, describing the arrest of two of the migrants. “Also, it is extremely difficult to fake a passport, especially for no reason. I have seen [unaccompanied children] fly into each of the countries (except for Panama and Costa Rica) and pass through with no problem. This is a recent trend with Bangladeshis. They do it in order to be released from DHS custody faster.”

    During interviews, the young migrants, Shahadat, Shahriar and Tareq, told asylum officers that smugglers had given them the passports, according to records from the interviews.

    When asked why they had been given those birth dates, they said it had something to do with smugglers’ plans for their travel.

    “I don’t have that much idea,” Shahadat told an asylum officer, according to the officer’s notes in a summary-style transcript. “When I asked why, they told me that if I don’t give this [date of birth] there will be problems with travel.”

    Shahriar told the officer that the smuggler became aggressive when questioned.

    The migrants have submitted copies of birth certificates, school documents and signed statements from their parents attesting to their claimed birth dates. An online database of birth records maintained by the government of Bangladesh appears to confirm their date of birth claims.

    Shahriar also provided his parents’ birth certificates. If he were as old as immigration officials believe him to be, his mother would have been 12 years old when she had him.

    In each case, immigration officials stood by the passport dates.

    Shahadat and Shahriar are being held in Otay Mesa Detention Center. Tareq was held at the facility for months before being released on a $7,500 bond. All three are moving through the immigration system as adults, with asylum proceedings their only option to stay in the U.S..

    At least one of the migrants, Shahadat, was placed in administrative segregation, a version of solitary confinement in immigration detention, when his age came into question, according to documents provided by their attorney.

    A judge ordered him deported.

    https://www.latimes.com/local/lanow/la-me-ln-immigrant-age-migrants-ice-dental-teeth-bangladesh-20190602-story.
    #tests_osseux #os #âge #USA #Etats-Unis #mineurs #enfants #enfance #rétention #détention_administrative #dents #migrations #asile #réfugiés #USA #Etats-Unis

  • First-ever private border wall built in #New_Mexico

    A private group announced Monday that it has constructed a half-mile wall along a section of the U.S.-Mexico border in New Mexico, in what it said was a first in the border debate.

    The 18-foot steel bollard wall is similar to the designs used by the Border Patrol, sealing off a part of the border that had been a striking gap in existing fencing, according to We Build the Wall, the group behind the new section.

    The section was also built faster and, organizers say, likely more cheaply than the government has been able to manage in recent years.

    Kris Kobach, a former secretary of state in Kansas and an informal immigration adviser to President Trump, says the New Mexico project has the president’s blessing, and says local Border Patrol agents are eager to have the assistance.

    “We’re closing a gap that’s been a big headache for them,” said Mr. Kobach, who is general counsel for We Build the Wall.


    https://www.washingtontimes.com/news/2019/may/27/first-ever-private-border-wall-built-new-mexico
    #privatisation #murs #barrières_frontalières #USA #Mexique #frontières #business #complexe_militaro-industriel
    ping @albertocampiphoto @daphne

    • The #GoFundMe Border Wall Is the Quintessential Trump-Era Grift

      In 2012, historian Rick Perlstein wrote a piece of essential reading for understanding modern conservatism, titled “The Long Con” and published by the Baffler. It ties the right’s penchant for absurd and obvious grifts to the conservative mind’s particular vulnerability to fear and lies:

      The strategic alliance of snake-oil vendors and conservative true believers points up evidence of another successful long march, of tactics designed to corral fleeceable multitudes all in one place—and the formation of a cast of mind that makes it hard for either them or us to discern where the ideological con ended and the money con began.

      Lying, Perlstein said, is “what makes you sound the way a conservative is supposed to sound.” The lies—about abortion factories, ACORN, immigrants, etc.—fund the grifts, and the grifts prey on the psychology that makes the lies so successful.

      Perlstein’s piece is all I could think of when I saw last night’s CNN story about the border wall GoFundMe, which seemingly has actually produced Wall. According to CNN, the group We Build the Wall says it has produced a half-mile of border wall in New Mexico. CNN was invited to watch the construction, where Kris Kobach, who is general counsel for the group, spoke “over the clanking and beeping of construction equipment.”

      #Steve_Bannon, who is naturally involved with the group, told CNN that the wall connects existing fencing and had “tough terrain” that means it was left “off the government list.” The half-mile stretch of wall cost an “estimated $6 million to $8 million to build,” CNN reported.

      CNN also quoted #Jeff_Allen, who owns the property on which the fence was built, as saying: “I have fought illegals on this property for six years. I love my country and this is a step in protecting my country.” According to MSN, Allen partnered with United Constitutional Patriots to build the wall with We Build the Wall’s funding. UCP is the same militia that was seen on video detaining immigrants and misrepresenting themselves as Border Patrol; the Phoenix New Times reported on the “apparent ties” between the UCP and We Build the Wall earlier this month.

      This story is bursting at the seams with an all-star lineup of right-wing scammers. The GoFundMe itself, of course, has been rocked by scandal: After the effort raised $20 million, just $980 million short of the billion-dollar goal, GoFundMe said in January that the funds would be returned, since creator Brian Kolfage had originally pledged that “If for ANY reason we don’t reach our goal we will refund your donation.” But Kolfage quickly figured out how to keep the gravy train going, urging those who had donated to allow their donations to be redirected to a non-profit. Ultimately, $14 million of that $20 million figure was indeed rerouted by the idiots who donated it.

      That non-profit became #We_Build_The_Wall, and like all good conservative con jobs, it has the celebs of the fever swamp attached to it. Not only #Kris_Kobach, a tenacious liar who failed at proving voter fraud is a widespread problem—but also slightly washed-up figures like Bannon, Sheriff David Clarke, Curt Schilling, and Tom Tancredo. All the stars are here!

      How much sleazier could it get? Try this: the main contractor working at the site of New Wall, according to CNN, is Tommy Fisher. The Washington Post reported last week that Trump had “personally and repeatedly urged the head of the U.S. Army Corps of Engineers” to give the contract for the border wall to the company owned by Fisher, a “GOP donor and frequent guest on Fox News,” despite the fact that the Corps of Engineers previously said Fisher’s proposals didn’t meet their requirements.

      Of course, like all good schemes, the need for more money never ceases: On the Facebook page for the group, the announcement that Wall had been completed was accompanied with a plea for fans to “DONATE NOW to fund more walls! We have many more projects lined up!”

      So, what we have is: A tax-exempt non-profit raised $20 million by claiming it would be able to make the federal government build Wall by just giving it the money for it and then, when that didn’t happen, getting most of its donors to reroute that money; then it built a half-mile of wall on private land for as much as $8 million, which went to a firm of a Fox News star whom President Trump adores.

      Perlstein wrote in the aforementioned piece that it’s hard to “specify a break point where the money game ends and the ideological one begins,” since “the con selling 23-cent miracle cures for heart disease inches inexorably into the one selling miniscule marginal tax rates as the miracle cure for the nation itself.” The con job was sold through fear: “Conjuring up the most garishly insatiable monsters precisely in order to banish them from underneath the bed, they aim to put the target to sleep.”

      The Trump era is the inartful, gaudy, brazen peak of this phenomenon. This time, instead of selling fake stem cell cures using the language of Invading Liberals, the grifters are just straight-up selling—for real American dollars—the promise of building a big wall to keep the monsters out.

      https://splinternews.com/the-gofundme-border-wall-is-the-quintessential-trump-er-1835062340

    • Company touted by Trump to build the wall has history of fines, violations

      President Donald Trump appears to have set his sights on a North Dakota construction firm with a checkered legal record to build portions of his signature border wall.
      The family-owned company, #Fisher_Sand_&_Gravel, claims it can build the wall cheaper and faster than competitors. It was among a handful of construction firms chosen to build prototypes of the President’s border wall in 2017 and is currently constructing portions of barrier on private land along the border in New Mexico using private donations.
      It also, however, has a history of red flags including more than $1 million in fines for environmental and tax violations. A decade ago, a former co-owner of the company pleaded guilty to tax fraud, and was sentenced to prison. The company also admitted to defrauding the federal government by impeding the IRS. The former executive, who’s a brother of the current company owner, is no longer associated with it.
      More than two years into his presidency, Trump is still fighting to build and pay for his border wall, a key campaign issue. After failing to get his requests for wall funding passed by a Republican-held Congress during his first two years in office, Trump has met resistance this year from a Democratic-controlled House. His attempt to circumvent Congress through a national emergency declaration has been challenged in the courts.
      On May 24, a federal district judge blocked the administration from using Defense Department funds to construct parts of the wall. The Trump administration has since appealed the block to the 9th US Circuit Court of Appeals and in the interim, asked the district court to allow building to continue pending appeal. The district court denied the administration’s request.
      Despite the uncertainty, construction firms have been competing to win multimillion-dollar contracts to build portions of wall, including Fisher Sand & Gravel.

      Asked by CNN to comment on the company’s history of environmental violations and legal issues, the company said in a statement: “The questions you are asking have nothing to do with the excellent product and work that Fisher is proposing with regard to protecting America’s southern border. The issues and situations in your email were resolved years ago. None of those matters are outstanding today.”
      Catching the President’s attention
      The company was founded in North Dakota in 1952 and operates in several states across the US. It’s enjoyed public support from North Dakota Republican Sen. Kevin Cramer, who as a congressman invited the company’s CEO, Tommy Fisher, to Trump’s State of the Union address in 2018. Cramer has received campaign contributions from Fisher and his wife. A photo of the event shared by Fisher in a company newsletter shows Tommy Fisher shaking Trump’s hand.
      The Washington Post first reported the President’s interest in Fisher. According to the Post, the President has “aggressively” pushed for the Army Corps of Engineers to award a wall contract to Fisher.
      The President “immediately brought up Fisher” during a May 23 meeting in the Oval Office to discuss details of the border wall with various government officials, including that he wants it to be painted black and include French-style doors, according to the Post and confirmed by CNN.
      “The Army Corps of Engineers says about 450 miles of wall will be completed by the end of next year, and the only thing President Trump is pushing, is for the wall to be finished quickly so the American people have the safety and security they deserve,” said Hogan Gidley, White House deputy press secretary.
      A US government official familiar with the meeting tells CNN that the President has repeatedly mentioned the company in discussions he’s had about the wall with the head of the Army Corps of Engineers, Lt. Gen. Todd Semonite.
      Fisher has recently made efforts to raise its public profile, both by upping its lobbying efforts and through repeated appearances on conservative media by its CEO, Tommy Fisher.

      In the past two years, for example, the company’s congressional lobbying expenditures jumped significantly — from $5,000 in 2017 to $75,000 in 2018, according to data compiled by the Center for Responsive Politics, a non-profit that tracks lobbying expenditures.

      When asked about Fisher Sand & Gravel’s lobbying, Don Larson, one of Fisher’s registered lobbyists, said: “I am working to help decision makers in Washington become familiar with the company and its outstanding capabilities.”
      Media Blitz
      As part of a media blitz on outlets including Fox News, SiriusXM Patriot and Breitbart News, Tommy Fisher has discussed his support for the border wall and pitched his company as the one to build it. In a March 5 appearance on Fox & Friends, Fisher said that his company could build 234 miles of border wall for $4.3 billion, compared to the $5.7 billion that the Trump administration has requested from Congress.
      Fisher claimed that his firm can work five-to-10 times faster than competitors as a result of its construction process.
      The President has also touted Fisher on Fox News. In an April interview in which he was asked about Fisher by Sean Hannity, Trump said the company was “recommended strongly by a great new senator, as you know, Kevin Cramer. And they’re real. But they have been bidding and so far they haven’t been meeting the bids. I thought they would.”
      Despite the President’s interest, the company has thus far been unsuccessful in obtaining a contract to build the border wall, beyond that of a prototype.

      Earlier this year, Fisher put its name in the running for border wall contracts worth nearly $1 billion. When it lost the bid to Barnard Construction Co. and SLSCO Ltd., Fisher protested the awards over claims that the process was biased. In response, the Army Corps canceled the award. But after a review of the process, the Army Corps combined the projects and granted it to a subsidiary of Barnard Construction, according to an agency spokesperson.
      It’s unclear whether the project will proceed, given the recent decision by a federal judge to block the use of Defense Department funds to build parts of the border wall and the administration’s appeal.
      Fisher, which has a pending lawsuit in the US Court of Federal Claims over the solicitation process, is listed by the Defense Department as being among firms eligible to compete for future border contracts.

      It has moved forward with a private group, We Build the Wall, that is building sections of barrier on private land in New Mexico using private money raised as part of a GoFundMe campaign. Kris Kobach, the former Kansas Secretary of State who is now general counsel for the group, said a half-mile stretch is nearly complete, at an estimated cost of $6 million to $8 million.

      In a statement, a Customs and Border Protection spokesperson said Fisher Industries has told them that the company has begun construction on private property along the border “in the approximate area of a USBP border barrier requirement that was not prioritized under current funding.”
      The spokesperson added: “It is not uncommon for vendors” to demonstrate their capabilities using “their own resources,” but the agency goes on to “encourage all interested vendors” to compete for border contracts “through established mechanisms to ensure any construction is carried out under relevant federal authorities and meets USBP operational requirements for border barrier.”
      In responses provided to CNN through Scott Sleight, an attorney working on behalf of the company, Fisher maintained that it’s “committed to working with all appropriate federal government officials and agencies to provide its expertise and experience to help secure America’s southern border.”
      The company says it has “developed a patent-pending bollard fence hanging system that [it] believes allows border fencing to be constructed faster than any contractor using common construction methods.” It also added: “Fisher has been concerned about the procurement procedures and evaluations done by the USACE to date, and hopes these issues can be remedied.”
      Relationship with Sen. Cramer
      A month after attending the 2018 State of the Union address with Cramer, Fisher and his wife, Candice each contributed the $5,400 maximum donation to Cramer’s campaign for the US Senate, Federal Election Commission records show.
      Fisher also donated to several Arizona Republicans in the 2018 election cycle, including giving the $5,400-maximum donation to Martha McSally’s campaign, records show.
      A recent video produced by Fisher Sand & Gravel demonstrating its ability to construct the wall includes a clip of Cramer at the controls of a track-hoe lifting sections of barrier wall into place, saying “this is just like XBOX, baby.” Cramer was joined at the demonstration by a handful of other Republican lawmakers from across the country.

      Cramer has been publicly critical of how the Army Corps has handled its border wall construction work, arguing that it has moved too slowly and expressing frustration over how it has dealt with Fisher. In an interview with a North Dakota TV station, Cramer said that he believes the corps “made a miscalculation in who they chose over Fisher” and that the company had been “skunked so to speak.” Cramer added that Fisher “remains a pre-qualified, high level, competitor.”

      In an interview with CNN, Cramer said that the company has come up in conversations he has had with administration officials, including the President and the head of the Army Corps, but while the senator said that he would “love if they got every inch of the project,” he added that he has “never advocated specifically for them.”
      "Every time someone comes to meet with me, whether it’s (Acting Defense Secretary) Shanahan, General Semonite, even with Donald Trump, they bring up Fisher Industries because they assume that’s my thing," Cramer said.
      “One of the things I’ve never done is said it should be Fisher,” Cramer said. “Now, I love Fisher. I’d love if they got every inch of the project. They’re my constituents, I don’t apologize for that. But my interest really is more in the bureaucratic process.”
      According to an administration official familiar with the situation, Cramer sent information about Fisher to the President’s son-in-law and White House adviser Jared Kushner, who then passed it along to the Army Corps of Engineers for their consideration. The source tells CNN that Kushner was not familiar with the company prior to getting information about them from Cramer.
      Cramer said he does recall passing along information about the company to Kushner, but that he did not know what Kushner did with the information.
      On May 24, Cramer told a North Dakota radio station that the President has asked him to examine the process of how federal border wall projects are awarded.
      “We’re going to do an entire audit,” Cramer said. “I’ve asked for the entire bid process, and all of the bid numbers.” Cramer told CNN the President said he wanted the wall built for the “lowest, best price, and it’s also quality, and that’s what any builder should want.”
      Asked about aspects of the company’s checkered legal record, Cramer said “that level of scrutiny is important, but I would hope the same scrutiny would be put on the Corps of Engineers.”
      Environmental violations
      Though its corporate headquarters are in North Dakota, Fisher has a sizable footprint in Arizona, where it operates an asphalt company as well as a drilling and blasting company. It’s there that the company has compiled an extensive track record of environmental violations.
      From 2007 to 2017, Fisher Sand & Gravel compiled more than 1,300 air-quality violations in Maricopa County, culminating in the third highest settlement ever received by the Maricopa County Air Quality Department, according to Bob Huhn, a department spokesperson. That’s a record number of violations for any air-quality settlement in the county, Huhn said. The settlement totaled more than $1 million, though the department received slightly less than that following negotiations, Huhn said.
      Most of the violations came from an asphalt plant that the company was running in south Phoenix that has since closed. While the plant was still running, the City of Phoenix filed 469 criminal charges against the company from August to October of 2009, according to a city spokesperson.
      According to a 2010 article in the Arizona Republic, Fisher reached an agreement with Phoenix officials to close the plant in 2010. As part of the deal, fines were reduced from $1.1 million to an estimated $243,000 and all criminal charges were reduced to civil charges.
      Mary Rose Wilcox was a member of the Maricopa Board of Supervisors at the time the city and county were fighting Fisher over the asphalt plant, which was located in her district. “They tried to persuade us they were good guys since they were a family-owned company. But they were spreading noxious fumes into a residential area,” Wilcox said. “We tried to work with them, but their violations were just so blatant.”
      Michael Pops, a community activist who lived in the area around the plant, remembers fighting with Fisher for six years before the plant finally shut down. “The impact they had on this community was devastating,” Pops said, adding many low-income residents living near the asphalt plant were sickened from the fumes the plant emitted.
      The company has also racked up more than 120 violations with the Arizona Department of Environmental Quality from 2004 until as recently as last summer, according to the department.
      In 2011, Fisher agreed to a Consent Judgement with ADEQ over numerous air quality violations the company had committed. As part of that settlement, Fisher agreed to pay $125,000 in civil penalties, and that it would remain in compliance with state air quality standards. Within two years Fisher was found to be in violation of that agreement and was forced to pay an additional $500,000 in fines, according to the state’s attorney general’s office.
      Legal trouble
      Internally, the company has also confronted issues.
      In 2011, Fisher Sand & Gravel agreed to pay $150,000 to settle a sexual discrimination and retaliation suit filed by the US Equal Employment Opportunity Commission. The lawsuit charged that the company violated federal anti-discrimination laws when it “subjected two women workers to egregious verbal sexual harassment by a supervisor and then fired one of them after she repeatedly asked the supervisor to stop harassing her and complained to a job superintendent.”
      The settlement required Fisher to provide anti-discrimination training to its employees in New Mexico and review its policies on sexual harassment.
      Micheal Fisher, a former co-owner of Fisher and Tommy’s brother, was sentenced to prison in 2009 for tax fraud, according to the Justice Department. Fisher pleaded guilty to “conspiracy to defraud the United States by impeding the [Internal Revenue Service], four counts of aiding in the filing of false federal tax returns for FSG and four counts of filing false individual tax returns,” according to a Justice Department release.
      The company also admitted responsibility for defrauding the US by impeding the IRS, according to the DOJ. Citing a long standing policy of not commenting on the contracting process, the Army Corps declined to comment on whether Fisher’s history factored into its decision not to award Fisher a contract.

      https://edition.cnn.com/2019/05/31/politics/fisher-sand-and-gravel-legal-history-border-wall/index.html

    • Private US-Mexico border wall ordered open by gov’t, fights back and is now closed again

      The privately funded portion of the U.S.-Mexico border wall is now fully secure and closed again after one of its gates had been ordered to remain open until disputes about waterway access could be resolved.

      “Our border wall & gate are secure again and we still have not had a single breach. I want to thank the IBWC for acting swiftly and we look forward to working with you on our future projects,” triple amputee Air Force veteran Brian Kolfage posted to Twitter on Tuesday night.

      Kolfage created We Build The Wall Inc., a nonprofit that is now backed by former Trump Administration Chief Strategist Steve Bannon. The group crowd-funded more than $22 million in order to privately build a border wall and then sell it to the U.S. government for $1.

      A portion of that wall has been constructed in Texas for between $6 and $8 million. The 1-mile-long wall is located on private property near El Paso, Texas, and Sunland Park, New Mexico.

      However, the International Boundary and Water Commission (IBWC) had ordered a 33-foot gate within the private border wall to remain open – not locked and closed – over a waterway access issue, according to BuzzFeed News. The IBCW addresses waterway issues between the U.S. and Mexico.

      “This is normally done well in advance of a construction project,” IBWC spokesperson Lori Kuczmanski said. “They think they can build now and ask questions later, and that’s not how it works.”

      BuzzFeed reported that the IBWC said the gate “had blocked officials from accessing a levee and dam, and cut off public access to a historic monument known as Monument One, the first in a series of obelisks that mark the U.S.–Mexico border from El Paso to Tijuana.”

      By Tuesday night, the IBWC said the gate would remain locked at night and issued a statement.

      “The U.S. Section of the International Boundary and Water Commission (USIBWC) will lock the privately-owned gate on federal property at night effective immediately due to security concerns,” it said.

      The statement continues:

      The USIBWC is continuing to work with We Build the Wall regarding its permit request. Until this decision, the private gate was in a locked open position. We Build the Wall, a private organization, built a gate on federal land in Sunland Park, N.M., near El Paso, Texas, without authority, and then locked the gate closed on June 6, 2019. The private gate blocks a levee road owned by the U.S. Government. After repeated requests to unlock and open the private gate, the United States Section of the International Boundary and Water Commission (USIBWC), accompanied by two uniformed law enforcement officers from the Dona Ana County Sheriff’s Office, removed the private lock, opened the gate, and locked the gate open pending further discussions with We Build the Wall. The gate was also opened so that USIBWC employees can conduct maintenance and operations at American Dam.

      The USIBWC did not authorize the construction of the private gate on federal property as announced on We Build the Wall’s Twitter page. The USIBWC is not charged with securing other fences or gates as reported by We Build the Wall. The international border fences are not on USIBWC property. The USIBWC did not open any other gates in the El Paso area as erroneously reported. Other gates and the border fence are controlled by other federal agencies.

      When the proper documentation is received for the permit, USIBWC will continue to process the permit application.

      Before the statement had been released, Kolfage posted to Twitter.
      https://a

      mericanmilitarynews.com/2019/06/private-us-mexico-border-wall-ordered-open-by-intl-group-later-closed-locked-after-security-concerns/

  • The family that took on Monsanto: ’They should’ve been with us in the chemo ward’ | Business | The Guardian
    https://www.theguardian.com/business/2019/apr/10/edwin-hardeman-monsanto-trial-interview

    Becoming ‘the face’ of the fight
    Advertisement

    Edwin Hardeman and his wife, Mary, never expected that they would become de facto leaders of the federal court fight against the world’s most widely used weedkiller. They just wanted Monsanto to acknowledge the dangers – and potentially save other families from the horror they endured.

    “This is something that was egregious to me. It was my personal battle and I wanted to take it full circle,” said Edwin, whose cancer is now in remission. “It’s been a long journey.”

    Mary bristled when she thought about Monsanto’s continued defense of its chemical: “They should have been with us when we were in the chemo ward … not knowing what to do to relieve the pain.

    “I get angry,” she added. “Very angry.”

    Monsanto first put Roundup on the market in 1974, presenting the herbicide, which uses a chemical called glyphosate, as a breakthrough that was effective at killing weeds and safe. The product has earned the corporation billions in revenue a year, and glyphosate is now ubiquitous in the environment – with traces in water, food and farmers’ urine.

    Hardeman didn’t recognize the term glyphosate when he saw the news report about the Iarc ruling on TV. At that time, the chemotherapy side effects had devastated him – causing violent nausea, swelling that made his face unrecognizable and terrifying feelings of electric shocks jolting his body.

    But when he realized that glyphosate was the main ingredient in Roundup and that research suggested it could be responsible for his form of NHL, diffuse large B-cell lymphoma, it clicked: “It just hit me. There’s something going on here.”

    He filed a lawsuit in February 2016. So did hundreds of other cancer survivors and families who lost loved ones, and many of the parallel suits were consolidated as one case under federal judge Vince Chhabria in San Francisco.

    The judge selected Hardeman to be first – the so-called “bellwether” trial, meaning it would be the official test case that would inform future litigation and potentially impact settlements for others.

    It was a lot of pressure.

    “Learning I was going to be the plaintiff, the one, the face of the … litigation, was a shock,” he said.

    The unsealed emails and documents suggested that Monsanto had an aggressive PR strategy for years that involved attacking negative research and ghostwriting and pushing favorable studies.

    In one email, a Monsanto executive advised others in the company to be cautious about how they describe the safety of the product, warning: “You cannot say that Roundup is not a carcinogen … we have not done the necessary testing on the formulation to make that statement.”
    Edwin and his wife, Mary, never expected that they would become de facto leaders of the federal court fight against the world’s most widely used weedkiller.

    Edwin and his wife, Mary, never expected that they would become de facto leaders of the federal court fight against the world’s most widely used weedkiller. Photograph: Brian Frank/The Guardian

    Monsanto officials also privately talked about the company writing science papers that would be officially authored by researchers, with one email saying: “We would be keeping the cost down by us doing the writing and they would just edit and sign their names.” The internal documents also shined a harsh light on Monsanto’s cozy relationship with US regulators and its media campaign to combat the Iarc ruling.

    (The company has said it was open about its involvement in research.)

    One executive eventually revealed that the company had a roughly $17m budget for PR and public affairs related to Iarc and glyphosate.

    The unusual and severe limitations made the message of the victory all the more powerful, Wagstaff said in an interview: “We were forced, over our objections, to argue just the science. Any argument by Bayer or Monsanto that this was a sympathetic jury to Mr Hardeman … is just not supported by the facts.”

    Mary, who was home sick the day the jury announced, first saw the verdict on Twitter before her husband could break the news: “I let out a scream. It’s a wonder one of my neighbors didn’t come in.”

    With the cancer science proven, Hardeman’s legal team was finally allowed to present evidence and arguments about Monsanto’s “despicable” and “reckless” behavior – and that was a success, too. The jury ruled Monsanto was negligent and owed him $80m in damages.

    Within minutes of the final verdict, a Bayer spokesperson issued a response: The company would appeal.

    In US federal court, there are around 1,200 plaintiffs with similar Roundup cancer cases – and roughly 11,000 nationwide. Despite two jury rulings saying Roundup causes cancer, the corporation’s defense has not changed: Roundup is safe for use.

    “We continue to believe strongly in the extensive body of reliable science that supports the safety of Roundup and on which regulators around the world continue to base their own favorable assessments,” a Bayer spokesperson told the Guardian. “Our customers have relied on these products for more than 40 years and we are gratified by their continued support.”

    Bayer, which has faced backlash from investors and a share price drop in the wake of the Roundup controversy, could be pushed to negotiate a massive settlement with plaintiffs following Hardeman’s victory.

    Hardeman said the very least the company could do is warn consumers: “Give us a chance to decide whether we want to use it or not … Have some compassion for people.”

    Hardeman said it also disturbed him that Bayer and Monsanto still have not done their own study on the carcinogenicity of Roundup, even after all these years. (Monsanto has said the company has gone beyond what was required in testing glyphosate exposure risks.)

    “I worry about the younger generation,” Hardeman said. “Why haven’t you tested this product? Why, why, why? You’ve got the money. Are you afraid of the answer?”

    #Roundup #Perturbateurs_endocriniens #Pesticides #Monsanto #Bayer

  • U.S. judge scraps Trump order opening Arctic, Atlantic areas to oil leasing | Reuters
    https://www.reuters.com/article/us-usa-oil-trump-leases-idUSKCN1RB0FP

    A federal judge in Alaska has overturned U.S. President Donald Trump’s attempt to open vast areas of the Arctic and Atlantic oceans to oil and gas leasing.

    The decision issued late Friday by U.S. District Court Judge Sharon Gleason leaves intact President Barack Obama’s policies putting the Arctic’s Chukchi Sea, part of the Arctic’s Beaufort Sea and a large swath of Atlantic Ocean off the U.S. East Coast off-limits to oil leasing.

    Trump’s attempt to undo Obama’s protections was “unlawful” and a violation of the federal Outer Continental Shelf Lands Act, Gleason ruled. Presidents have the power under that law to withdraw areas from the national oil and gas leasing program, as Obama did, but only Congress has the power to add areas to the leasing program, she said.

  • Accusations of Anti-Semitism Target Progressive Faculty at CUNY
    http://www.jadaliyya.com/Details/38485

    Kingsborough administrator Michael Goldstein, in particular, has accused progressive faculty at the college of orchestrating a “systematic and pernicious campaign” of anti-Semitic hate against him. “The reason for their attack?” he writes. “I’m Jewish, politically conservative and I believe in Zionism, the civil rights movement of the Jewish people.” These accusations have been picked up and amplified by the Jerusalem Post and Tablet magazine.

    These accusations are irresponsible and unsubstantiated. In making them, Goldstein is adopting a dangerous, increasingly common tactic of the right: cynically deploying anti-Semitism—a very real problem—as a weapon to intimidate political opponents.

    Progressive faculty have been subject to a number of different forms of harassment. More than a dozen, for example, have received letters from the Lawfare Project threatening a lawsuit. Some of the progressive faculty accused by Goldstein in the press of inciting anti-Semitic hatred have also received threatening emails and letters.

    Kingsborough English Professor Anthony Alessandrini, who is also on the faculty of the CUNY Graduate Center’s MA Program in Middle Eastern Studies, is one of those Goldstein publicly accuses in a recent article of being a “puppet-master” of his fellow progressive faculty, and of inciting anti-Semitic hatred at the college. The article specifically cites Alessandrini’s scholarly and political involvement with Palestine solidarity work, and make the case that an article he wrote about the Boycott, Divestment and Sanctions movement is evidence of his anti-Jewish views. That Goldstein and the journalistic outlets reporting his story are conflating critique of Israel with anti-Semitism threatens to squash discussion of an issue that faculty KCC have the right to study, write about, and discuss freely, as they do regarding all important political and intellectual matters.

    It is telling that Goldstein has called on the support of the Lawfare Project, whose mission involves using lawsuits alleging anti-Semitism as a means to harass faculty and educational institutions, perhaps most notably San Francisco State University, in a case recently dismissed by a federal judge. (A separate, related case in state court is still pending.)

    #instrumentalisation de l’#antisémitisme pour empêcher les critiques contre #Israël dans les #universités #USA

  • No More Deaths volunteers prosecuted for providing humanitarian aid to migrants - World Socialist Web Site

    https://www.wsws.org/en/articles/2019/02/16/nmde-f16.html

    On January 18, a federal judge rendered a guilty verdict against four volunteers from the humanitarian organization No More Deaths (NMD) for their actions in the Cabeza Prieta Wildlife Refuge in southwestern Arizona along the US-Mexico border a year and a half ago. Judge Bernardo Velasco’s ruling marks the first conviction of humanitarian aid volunteers in the US in a decade.

    The volunteers—Natalie Hoffman, Oona Holcomb, Madeline Huse and Zaachila Orozco-McCormick—were found guilty of misdemeanors related to entering a wildlife refuge without a permit and leaving behind “personal property.” The latter was a reference to basic lifesaving necessities such as food, water and other small items left behind by the volunteers in order to ensure migrants survive the dangerous desert crossing.

    #états-unis #migrations #asile #mexique #humanitaire

  • US court throws out lawsuit against academic boycott of Israel | The Electronic Intifada

    https://electronicintifada.net/blogs/ali-abunimah/us-court-throws-out-lawsuit-against-academic-boycott-israel

    A federal judge in Washington, DC, on Monday dismissed a lawsuit against the American Studies Association over its decision to support the boycott of Israeli academic institutions.

    The ruling is a significant blow to efforts by Israel lobby groups to use courts to harass, intimidate and silence supporters of Palestinian rights in US universities – a tactic known as lawfare.

    In April 2016, several current and former members of the ASA filed the lawsuit against the group over its 2013 resolution backing the academic boycott.

    In his 20-page ruling, US District Judge Rudolph Contreras wrote that the plaintiffs had no standing to file a lawsuit seeking damages on behalf of the ASA, and that their individual damage claims came nowhere near the $75,000 minimum required for them to seek relief in federal court.

    At most, the individual plaintiffs could seek damages of a few hundred dollars to cover membership dues they allege were misappropriated, but they would have to find some other venue to pursue their claims, the judge found.

    “The court basically said, in no uncertain words, that the plaintiffs suing ASA lied when they claimed to have ‘suffered significant economic and reputational damage.’” Radhika Sainath, senior attorney with the civil rights group Palestine Legal, told The Electronic Intifada. “But, as the court explained, ‘nowhere’ in the lawsuit could the plaintiffs explain what that damage was. It didn’t pass the smell test.”

  • Got a preexisting condition? The #Trump administration wants insurers to deny you coverage
    http://www.latimes.com/opinion/la-ol-enter-the-fray-got-a-pre-existing-condition-the-trump-1528420144-html

    In its latest effort to undermine the Affordable Care Act — and in the process, raise premiums for many Americans — the Trump administration is urging a federal judge in Texas to throw out the law’s protections for people with preexisting conditions.

    In other words, the administration wants insurers to be able to deny coverage to the people most in need of it, or to charge them considerably higher premiums than they’re allowed to charge today.

    #santé #assurance #états-unis

  • 2014 :
    #Goldman_Sachs menacé d’un recours collectif pour #discrimination sexuelle
    https://www.lesechos.fr/24/10/2014/lesechos.fr/0203886416662_goldman-sachs-menace-d-un-recours-collectif-pour-discriminati

    Le juge devrait donner sa décision sur la légitimité d’un recours collectif d’ici la fin de l’année. S’il l’autorise, cela sera beaucoup plus dommageable pour Goldman Sachs.

    2018 : la décision du juge est favorable

    Wall Street’s Biggest Gender Lawsuit Is 13 Years in the Making - Bloomberg
    https://www.bloomberg.com/news/features/2018-05-03/wall-street-s-biggest-gender-lawsuit-is-13-years-in-the-making

    A federal judge in New York had ruled that she and three other women who claim there’s systematic gender discrimination at Goldman can now represent as many as 2,300 other current and former employees.

    #wall_street

  • US judge orders Iran to pay billions to families of 9/11 victims — RT US News
    https://www.rt.com/usa/425625-judge-iran-pay-911-victims

    Tehran has been ordered by a US court to pay more than $6 billion to victims of the 9/11 terrorist attacks, despite the fact that most of the plane hijackers were Saudi nationals, and no direct link was ever found to Iran.

    On Tuesday, a federal judge in New York found Iran, the country’s central bank, and the Islamic Revolutionary Guard Corps liable for the deaths of more than 1,000 people in the September 11 attacks. As a consequence, District Judge George Daniels ordered Iran and its entities to pay over $6 billion in compensation to the victims’ families.

    #9/11 #fake_judgment #iran

  • CIA Defends Selective Disclosure to Reporters |
    https://fas.org/blogs/secrecy/2018/02/cia-selective-disclosure

    Adam Johnson du site #FAIR a porté plainte contre la #CIA pour sa pratique (bien connue et reconnue) de #divulgation sélective (à certains journalistes MSM- toujours les mêmes) d’informations secrètes.
    .

    La défense de la CIA :

    “The Court’s supposition that a limited disclosure of information to three journalists necessarily equates to a disclosure to the public at large is legally and factually mistaken,” the CIA response stated. “The record demonstrates beyond dispute that the classified and statutorily protected information withheld from the emails has not entered the public domain. For these reasons, the limited disclosures here did not effect any waiver of FOIA’s exemptions.”

    A reply from plaintiff Adam Johnson is due March 1.

  • VW engineer sentenced to 40-month prison term in diesel case
    http://www.reuters.com/article/us-volkswagen-emissions-sentencing/vw-engineer-sentenced-to-40-month-prison-term-in-diesel-case-idUSKCN1B51YP
    https://s3.reutersmedia.net/resources/r/?m=02&d=20170825&t=2&i=1198561402&w=&fh=545px&fw=&ll=&pl=&sq=&r=LYN

    No one is innocent

    WASHINGTON/DETROIT (Reuters) - A federal judge in Detroit sentenced former engineer James Liang to 40 months in prison on Friday for his role in Volkswagen AG’s (VOWG_p.DE) multiyear scheme to sell diesel cars that generated more pollution than U.S. clean air rules allowed.

    U.S. District Court Judge Sean Cox also ordered Liang to pay a $200,000 fine, 10 times the amount sought by federal prosecutors. Cox said he hoped the prison sentence and fine would deter other auto industry engineers and executives from similar schemes to deceive regulators and consumers.

    Liang was part of a long-term conspiracy that perpetrated a “stunning fraud on the American consumer,” Cox said, as the defendant’s family looked on in the courtroom. “This is a very serious and troubling crime against our economic system.”

    Liang’s lawyer, Daniel Nixon, on Friday urged Cox to consider a sentence of house arrest, saying Liang was not a “mastermind” of the emissions fraud. Liang “blindly executed a misguided loyalty to his employer,” Nixon said.

    Federal prosecutor Mark Chutkow countered that Liang was a “pivotal figure” in designing the systems used to make Volkswagen diesels appear to comply with U.S. pollution standards, when instead they could emit up to 40 times the allowed levels of smog-forming compounds in normal driving.

    A prison term ”would send a powerful deterrent message to the rest of the industry,” Chutkow said.

    #Volkswagen #Dieselgate #Responsabilité

  • In Victory for #Standing_Rock Sioux Tribe, Court Finds That Approval of Dakota Access Pipeline Violated the Law - THE INDIGENOUS AMERICAN
    https://www.theindigenousamericans.com/2017/07/16/victory-standing-rock-sioux-tribe-court-finds-approval-dakot

    Ruling: Trump administration shortcut environmental review; Court seeks additional briefing on whether to shut down pipeline – Washington, D.C. —

    The Standing Rock Sioux Tribe won a significant victory today in its fight to protect the Tribe’s drinking water and ancestral lands from the Dakota Access pipeline.

    A federal judge ruled that the federal permits authorizing the pipeline to cross the Missouri River just upstream of the Standing Rock reservation, which were hastily issued by the Trump administration just days after the inauguration, violated the law in certain critical respects.

    In a 91-page decision, Judge James Boasberg wrote, “the Court agrees that [the Corps] did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial.”

    #états-unis #peuples_premiers #nations_premières #peuples_autochtones

  • In Victory for Standing Rock Sioux Tribe, Court Finds That Approval of Dakota Access Pipeline Violated the Law - THE INDIGENOUS AMERICAN
    https://www.theindigenousamericans.com/2017/07/16/victory-standing-rock-sioux-tribe-court-finds-approval-dakot

    The #Standing_Rock Sioux Tribe won a significant victory today in its fight to protect the Tribe’s drinking water and ancestral lands from the Dakota Access pipeline.

    A federal judge ruled that the federal permits authorizing the pipeline to cross the Missouri River just upstream of the Standing Rock reservation, which were hastily issued by the Trump administration just days after the inauguration, violated the law in certain critical respects.

    In a 91-page decision, Judge James Boasberg wrote, “the Court agrees that [the Corps] did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial.”

    The Court did not determine whether pipeline operations should be shut off and has requested additional briefing on the subject and a status conference next week.

    #droits_humains #eau #environnement

  • Women on Birth Control Could Be Barred From Working If Missouri Lawmakers Get Their Way
    http://www.newsweek.com/womens-rights-birth-control-abortion-missouri-discrimination-628538

    Missouri’s Senate is considering legislation that would allow employers and landlords to discriminate against women who use birth control or have had abortions. The bill, which has the support of the state’s governor, Eric Greitens, was approved by the Missouri House Tuesday. 

    Known as SB 5, the bill was first passed by the Senate on June 14 following a special session called by Greitens. His aim was to overturn an ordinance that prevents employers and housing providers from punishing women for their reproductive health choices, according to a report by Feministing, a feminist website.

    Ce ne serait pas conforme à la législation fédérale en ce qui concerne l’#avortement, mais a priori il n’était rien de prévu pour la #contraception (apparemment, ça devait être considéré comme délirant… jusqu’à maintenant)

    The maneuverings come two months after a federal judge struck down two Missouri laws that prevented clinics, apart from a Planned Parenthood outlet in St. Louis, from offering women abortions. It appears SB 5 would override the federal ruling, by mandating new restrictions on abortion clinics that could force some to close.

    But the state could run into difficulties enforcing the law if signed. As Feministing reports, the Federal Pregnancy Discrimination Act prevents discrimination against women who have had an abortion. The act, however, makes no mention of birth control.

  • $87 million Flint water line settlement announced - World Socialist Web Site
    http://www.wsws.org/en/articles/2017/03/31/flin-m31.html

    $87 million Flint water line settlement announced
    By James Brewer
    31 March 2017

    In what the media is hailing as a “victory for Flint residents,” a federal judge approved a settlement Tuesday in which the state of Michigan will pay $87 million for replacing service lines in the city over the next three years. An additional $10 million is to be held in reserve for “unexpected costs.”

    The lawsuit that led to the settlement was brought against the State of Michigan by several groups, including Concerned Pastors for Social Action, Natural Resources Defense Council, American Civil Liberties Union of Michigan and Flint resident Melissa Mays, who heads the local activist group Water You Fighting For.

    US District Judge David Lawson, who presided over the settlement, gave the following characterization. “In my view the settlement agreement is fair, adequate, reasonable and consistent with the public interest and it furthers the objectives of the safe water drinking act [sic].” The federal Safe Drinking Water Act (SDWA) establishes the standards for public drinking water supplies throughout the US. Lawson made a point of praising Michigan Governor Rick Snyder—who is responsible for the disaster in Flint—saying that without his cooperation the settlement would not have been possible.

    #eau #flint #Pollution #environnement #états-unis

  • U.S. must release Abu Ghraib photos, judge says | Reuters
    http://www.reuters.com/article/abughraib-photos-idUSL1N1F82JM

    The U.S. Department of Defense must release a cache of photos showing how Army personnel treated detainees at the Abu Ghraib prison and other sites in Iraq and Afghanistan, a federal judge ruled on Wednesday.

    U.S. District Judge Alvin Hellerstein in Manhattan said the release was proper because departing Defense Secretary Ash Carter failed to show why publishing the photos would endanger Americans deployed outside the United States.

    Hellerstein’s decision is a victory for the American Civil Liberties Union and other civil and veterans rights groups whose lawsuit seeking the photos under the federal Freedom of Information Act began in 2004.

    #abu_ghraib #torture #irak
    Photos depicting abuse at Abu Ghraib began to emerge in 2004, with some detainees claiming to have endured physical and sexual abuse, electric shocks and mock executions.

    The number of photos sought in the lawsuit has not been disclosed but has been estimated at roughly 2,000, according to the Congressional Record and court papers.

  • A St. Louis Suburb Jailed Nearly 2,000 People for Not Paying Fines

    On Wednesday, a federal judge approved a $4.7 million settlement with nearly 2,000 people who were thrown in jail illegally in a St. Louis suburb, a practice legal advocates had likened to a “modern debtors’ prison.”

    http://www.motherjones.com/politics/2016/12/st-louis-jennings-ferguson-debtors-prison-lawsuit%20

    #détention #USA #Etats-Unis #business #incarcération #emprisonnement_de_masse

  • #Scandal #Epstein The #Billionaire #Pedophile #Network #Who #BringDown #Trump and #Clinton - PEUPLES OBSERVATEURS AVANT-GARDE-TOGOLAISE.over-blog.com
    http://avant-garde-togolaise.over-blog.com/2016/10/scandal-epstein-the-billionaire-pedophile-network-w

    EpsteinThe Billionaire Pedophile network Who Could Bring Down Donald Trump and Hillary Clinton
    Trump’s supporters have long wondered whether he’d use billionaire sicko Jeffrey Epstein as ammo against the Clintons—until a lurid new lawsuit accused The Donald of raping one of Epstein’s girls himself.

    Editor’s note: This article has been updated to reflect the withdrawal of Virginia Roberts Guiffre’s allegations against Alan Dershowitz and the striking of the allegations from the court record by a federal judge.

    For Jeffrey Epstein and his famous friends, the Aughts were a simpler time, when the businessmen, academics, and celebrities who counted themselves among the playboy philanthropist’s inner circle could freely enjoy the fruits of his extreme wealth and connections.

    • Trump’s Border Wall Could Impact an Astonishing 10,000 Species

      The list, put together by a team led by Dr. Gerardo J. Ceballos González of National Autonomous University of Mexico, includes 42 species of amphibians, 160 reptiles, 452 bird species and 187 mammals. Well-known species in the region include the jaguar, Sonoran pronghorn, North American river otter and black bear.


      http://therevelator.org/trump-border-wall-10000-species

    • Border Security Fencing and Wildlife: The End of the Transboundary Paradigm in Eurasia?

      The ongoing refugee crisis in Europe has seen many countries rush to construct border security fencing to divert or control the flow of people. This follows a trend of border fence construction across Eurasia during the post-9/11 era. This development has gone largely unnoticed by conservation biologists during an era in which, ironically, transboundary cooperation has emerged as a conservation paradigm. These fences represent a major threat to wildlife because they can cause mortality, obstruct access to seasonally important resources, and reduce effective population size. We summarise the extent of the issue and propose concrete mitigation measures.

      http://journals.plos.org/plosbiology/article?id=10.1371/journal.pbio.1002483
      #faune #Europe #Europe_centrale #Europe_de_l'Est #cartographie #visualisation

    • Rewriting biological history: Trump border wall puts wildlife at risk

      Mexican conservationists are alarmed over Trump’s wall, with the loss of connectivity threatening already stressed bison, pronghorn, bighorn sheep, bears and other animals.
      About one-third of the border, roughly 700 miles, already has fencing; President Trump has been pushing a controversial plan to fence the remainder.
      A wall running the entire nearly 2,000-mile frontier from the Pacific Ocean to the Gulf of Mexico, conservationists warn, would be catastrophic for borderland ecosystems and many wildlife species, undoing years of environmental cooperation between the two countries to protect animals that must move freely or die.
      The wall is currently a key bargaining chip, and a sticking point, in ongoing immigration legislation negotiations taking place this week in Congress. Also expected this week: a federal court ruling on whether the administration can legally waive environmental laws to expedite border wall construction.


      https://news.mongabay.com/2018/02/rewriting-biological-history-trump-border-wall-puts-wildlife-at-risk
      #bisons

    • A Land Divided

      The national debate about border security doesn’t often dwell on the natural environment, but hundreds of miles of public lands, including six national parks, sit along the U.S.-Mexico border. What will happen to these lands — and the wildlife and plants they protect — if a wall or additional fences and barriers are built along the frontier?


      https://www.npca.org/articles/1770-a-land-divided
      #parcs_nationaux

    • R ULES C OMMITTEE P RINT 115–66 T EXT OF THE H OUSE A MENDMENT TO THE S ENATE A MENDMENT TO H.R. 1625

      US spending bill requires “an analysis, following consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, of the environmental impacts, including on wildlife, of the construction and placement of physical barriers” (p 677)

      http://docs.house.gov/billsthisweek/20180319/BILLS-115SAHR1625-RCP115-66.pdf
      Extrait partagé par Reece Jones sur twitter
      https://twitter.com/reecejhawaii/status/977304504700780544

    • Activists Vow Fight as Congress Funds Portions of Border Wall

      Last week Congress voted to appropriate some monies to build new fortifications along the United States–Mexico border, but border activists in the Rio Grande Valley say the fight against President Donald Trump’s border wall is far from over.

      The nearly $1.6 billion in border wall funding included in the omnibus spending bill that Trump signed Friday provides for the construction of some 33 miles of new walls, all in Texas’s ecologically important Rio Grande Valley. Those walls will tear through communities, farms and ranchland, historic sites, and thousands of acres of protected wildlife habitat, while creating flooding risks on both sides of the border. But far from admitting defeat, border activists have already begun mapping out next steps to pressure Congress to slow down or even halt the wall’s construction.

      https://www.sierraclub.org/sierra/activists-vow-fight-congress-funds-portions-border-wall

    • State attorney general, environmental group to appeal decision on Trump’s border wall

      A ruling by a San Diego federal judge allowing construction of President Donald Trump’s border wall to go ahead will be appealed by two entities that opposed it, including the state Attorney General.

      Both the Center for Biological Diversity and Attorney General Xavier Becerra filed formal notices of appeal on Monday seeking to reverse a decision in February from U.S District Court Judge Gonzalo Curiel. The judge ruled that the Trump administration did not abuse its discretion in waiving environmental laws in its rush to begin border wall projects along the southwest border.

      The center had said after the ruling it would appeal, and Becerra also hinted the state would seek appellate court review at the Ninth U.S. Circuit Court of Appeals.

      The notices declare an intent to appeal. They do not outline arguments to be made on appeal or why each group believe that Curiel got it wrong.

      In a prepared statement Becerra said, “When we said that a medieval wall along the U.S.-Mexico border does not belong in the 21st century, we meant it. There are environmental and public health laws in place, and we continue to believe that the Trump Administration is violating those laws. We will not stand idly by. We are committed to protecting our people, our values and our economy from federal overreach.”

      The lawsuits challenged a law that allowed the federal government not to comply with environmental and other laws and regulations when building border security projects. They argued the law was outdated and Congress never intended for it to be an open-ended waiver for all border projects, and contended it violated constitutional provisions of separation of powers and states’ rights.

      In his decision Curiel said both that the law was constitutional and it gave the Department of Homeland Security wide latitude over border security.

      Justice Department spokesman Devin O’Malley said in response to the Curiel ruling that the administration was pleased DHS “can continue this important work vital to our nation’s interest.”

      “Border security is paramount to stemming the flow of illegal immigration that contributes to rising violent crime and to the drug crisis, and undermines national security,” O’Malley said.

      http://www.sandiegouniontribune.com/news/public-safety/sd-me-border-appeal-20180409-story.html

    • Les murs n’arrêtent pas que les humains

      Des États-Unis à la Malaisie, en passant par Israël ou la Hongrie, les hommes construisent de multiples murs pour contraindre les déplacements de nos semblables. N’oublions pas, explique l’auteur de cette tribune, que nous ne sommes pas les seuls à habiter la Terre et donc à pâtir de ces barrières.

      La #forêt_de_Bialowieza a quelque chose de mythique et de sacré. Âgée de plus de 8.000 ans, elle est la dernière forêt primaire d’Europe. S’étalant sur 150.000 hectares entre la Pologne et la Biélorussie, inaccessible aux visiteurs sans guide assermenté, elle constitue un sanctuaire d’espèces témoignant de la richesse des mondes anciens. Le bison d’Europe y vit encore de manière naturelle, côtoyant élans, cerfs, loups, lynx, etc.

      En 1981, à l’époque du rideau de fer, l’URSS a décidé de clôturer la frontière entre la Pologne et la Biélorussie, coupant à travers cette forêt et séparant en deux la dernière population de bisons d’Europe (environ 500 individus de part et d’autre). Cette clôture est symboliquement forte, car elle témoigne de la coupure existentielle (« ontologique », diraient les philosophes) que les humains se sont imposée vis-à-vis des autres êtres vivants. Ces derniers semblent ne pas exister à nos yeux.

      Mais cette séparation est plus que symbolique, elle est concrète. Les murs dressés par l’espèce humaine représentent une menace importante et sous-estimée pour de nombreux êtres vivants non humains.
      Murs de béton, de pierre, de boue, de sable ou de brique, de barbelés, de grilles en acier ou de clôtures électrifiées

      On en trouve surtout aux frontières : entre les États-Unis et le Mexique, la Corée du Nord et du Sud, Israël et la Cisjordanie, la Malaisie et la Thaïlande, l’Inde et le Pakistan, l’Iran et l’Irak, la Chine et la Mongolie, le Botswana et le Zimbabwe, etc. Ils prennent la forme de murs de béton, de pierre, de boue, de sable ou de brique, de barbelés, de grilles en acier ou de clôtures électrifiées, et viennent accompagnés de routes, de casernes, de lumières et de bruits. Leur nombre a considérablement augmenté depuis les attentats du 11 septembre 2001. Par exemple en Eurasie (sans le Moyen-Orient), il existe aujourd’hui plus de 30.000 km de murs, grillages et barbelés aux frontières.

      Ces murs affectent évidemment les populations humaines en brisant les trajectoires personnelles de millions de personnes. Ils affectent aussi les autres espèces [1]. À Białowieża, par exemple, la séparation a empêché les flux génétiques (et a donc fragilisé) des populations de bisons, d’ours, de loups et de lynx. Pire, 25 ans après la destruction du rideau de fer entre l’Allemagne et la République tchèque, les jeunes cerfs (qui n’avaient jamais vu de clôtures) ne traversaient toujours pas la frontière [2].

      En mai 2018 paraissait dans la revue Bioscience un article cosigné par dix-huit grands noms de l’étude et de la protection de la biodiversité (dont Edward O. Wilson) et signé par 2.500 scientifiques, qui alertait sur les « conséquences inattendues mais importantes » de ces murs frontaliers sur la biodiversité [3]. Ce cri d’alarme n’est pas le premier [4], mais il résume bien l’état des lieux de la recherche, et aussi l’état de préoccupation des chercheurs.
      Lorsque les habitats se fragmentent, les territoires des populations se réduisent

      Les murs nuisent à la biodiversité de plusieurs façons. Premièrement, ils peuvent blesser ou tuer des animaux directement, quand ils s’emmêlent dans les fils barbelés, sont électrocutés ou marchent sur des mines antipersonnelles.

      Deuxièmement, ils fragmentent et dégradent les habitats. Par exemple la frontière de 3.200 km entre le Mexique et les États-Unis traverse les aires de répartition géographique de 1.506 espèces natives (parmi lesquelles 1.077 espèces animales) dont 62 sont sur la liste des espèces en danger. Le mur menace cinq régions particulièrement riches en biodiversité (on les nomme « hotspots ») qui retiennent presque tous les efforts de conservation et de « réensauvagement » (rewilding). Lorsque les habitats se fragmentent, les territoires des populations se réduisent, et le nombre d’espèces présentes sur ces petites surfaces se réduit plus que proportionnellement, rendant ainsi les populations plus vulnérables, par exemple aux variations climatiques. Les clôtures frontalières contribuent aussi à accroître la mortalité de la faune sauvage en facilitant la tâche des braconniers, en perturbant les migrations et la reproduction, et en empêchant l’accès à la nourriture et à l’eau. Par exemple, le mouton bighorn (une espèce en danger) migrait naturellement entre la Californie et le Mexique mais ne peut aujourd’hui plus accéder aux points d’eau et aux sites de naissance qu’il avait l’habitude de fréquenter.

      Troisièmement, ces murs annulent les effets bénéfiques des millions de dollars investis dans la recherche et les mesures de conservation de la biodiversité. Les scientifiques témoignent aussi du fait qu’ils sont souvent l’objet d’intimidations, de harcèlements ou de ralentissements volontaires de la part des officiers responsables de la sécurité des frontières.

      Enfin, quatrièmement, les politiques de sécurité mises en place récemment font passer les lois environnementales au deuxième plan, quand elles ne sont pas simplement bafouées ou oubliées.
      Des centaines de kilomètres de clôtures de sécurité aux frontières extérieures et intérieures de l’UE

      Le double phénomène migrations/clôtures n’est pas prêt de s’arrêter. En 2015, un afflux exceptionnel d’êtres humains fuyant leurs pays en direction de l’Europe a conduit plusieurs États membres à réintroduire ou renforcer les contrôles aux frontières, notamment par la construction rapide de centaines de kilomètres de clôtures de sécurité aux frontières extérieures et intérieures de l’UE. Le réchauffement climatique et l’épuisement des ressources seront dans les années à venir des causes majeures de guerres, d’épidémies et de famines, forçant toujours plus d’humains à migrer. Les animaux seront aussi de la partie, comme en témoigne la progression vers le nord des moustiques tigres, qui charrient avec eux des maladies qui n’existaient plus dans nos régions, ou encore l’observation du loup en Belgique en mars 2018 pour la troisième fois depuis des siècles…

      Les accords entre pays membres de l’Union européenne au sujet des migrations humaines seront-ils mis en place à temps ? Résisteront-ils aux changements et aux catastrophes à venir ? Quel poids aura la « #Convention_des_espèces_migrantes » (censée réguler le flux des animaux) face aux migrations humaines ?

      En septembre 2017, un bison d’Europe a été aperçu en Allemagne. C’était la première fois depuis 250 ans qu’un représentant sauvage de cette espèce traversait spontanément la frontière allemande. Il a été abattu par la police.

      https://reporterre.net/Les-murs-n-arretent-pas-que-les-humains
      #Bialowieza

    • Les murs de séparation nuisent aussi à la #faune et la #flore

      3419 migrants sont décédés en Méditerranée en tentant de rejoindre Malte ou l’Italie. C’est ce que révèle un rapport du Haut commissariat des Nations unies pour les réfugiés publié le 10 décembre. Il y a les barrières naturelles, et les murs artificiels. Pendant deux mois, le web-documentaire Connected Walls s’attaque aux murs de séparation entre quatre continents : le mur entre l’Amérique du Nord et l’Amérique latine incarné par les grillages entre les Etats-Unis et le Mexique, celui entre l’Europe et l’Afrique incarné par les barbelés qui séparent les enclaves espagnoles du Maroc. Tous les 10 jours, Connected Walls publie un nouveau documentaire de cinq minutes sur une thématique choisie par les internautes. Cette semaine, ils ont sélectionné la thématique « animal ».

      Cette semaine, sur Connected-Walls,Valeria Fernandez (USA) et Fidel Enriquez (Mexico) ont suivi John Ladd dont la famille possède un ranch dans l’Arizona, à la frontière mexicaine, depuis cinq générations. Depuis la construction du mur frontalier en 2007, les choses ont changé pour lui et pour les animaux.

      De leur côté, Irene Gutierrez (Espagne) et Youssef Drissi (Maroc) ont rencontré Adam Camara, un jeune de Guinée Équatoriale qui a tenté de traverser plusieurs fois le détroit entre le Maroc et l’Espagne. Lors de sa dernière tentative, il a reçu l’aide d’un mystérieux ami.
      Pour chaque thématique, un partenaire associatif a carte blanche pour rédiger une tribune. Celle-ci a été rédigée par Dan Millis, de l’organisation écologiste Sierra Club :

      « Les animaux se moquent bien des frontières politiques. Le jaguar de Sonora n’a pas de passeport, et le canard morillon cancane avec le même accent, qu’il soit à Ceuta ou dans la forêt de Jbel Moussa. Les murs et les barrières ont cependant un impact considérable sur la faune et la flore. Par exemple, les rennes de l’ancienne Tchécoslovaquie ne franchissent jamais la ligne de l’ancien Rideau de Fer, alors même que cette barrière a disparu depuis 25 ans et qu’aucun des rennes vivant aujourd’hui ne l’a jamais connue. Les quelques 1000 kilomètres de barrières et de murs séparant les États-Unis et le Mexique détruisent et fragmentent l’habitat sauvage, en bloquant les couloirs de migration essentiels à la survie de nombreuses espèces. Une étude réalisée grâce à des caméras installées au niveau des refuges et des zones de vie naturellement fréquentés par la faune en Arizona a montré que des animaux comme le puma et le coati sont bloqués par les murs des frontières, alors que les humains ne le sont pas. »


      https://www.bastamag.net/Connected-Walls-le-webdocumentaire-4545
      #wildelife

    • Border Fences and their Impacts on Large Carnivores, Large Herbivores and Biodiversity: An International Wildlife Law Perspective

      Fences, walls and other barriers are proliferating along international borders on a global scale. These border fences not only affect people, but can also have unintended but important consequences for wildlife, inter alia by curtailing migrations and other movements, by fragmenting populations and by causing direct mortality, for instance through entanglement. Large carnivores and large herbivores are especially vulnerable to these impacts. This article analyses the various impacts of border fences on wildlife around the world from a law and policy perspective, focusing on international wildlife law in particular. Relevant provisions from a range of global and regional legal instruments are identified and analysed, with special attention for the Bonn Convention on Migratory Species and the European Union Habitats Directive.

      https://onlinelibrary.wiley.com/doi/full/10.1111/reel.12169

    • Border Security Fencing and Wildlife: The End of the Transboundary Paradigm in Eurasia?

      The ongoing refugee crisis in Europe has seen many countries rush to construct border security fencing to divert or control the flow of people. This follows a trend of border fence construction across Eurasia during the post-9/11 era. This development has gone largely unnoticed by conservation biologists during an era in which, ironically, transboundary cooperation has emerged as a conservation paradigm. These fences represent a major threat to wildlife because they can cause mortality, obstruct access to seasonally important resources, and reduce effective population size. We summarise the extent of the issue and propose concrete mitigation measures.


      https://journals.plos.org/plosbiology/article?id=10.1371/journal.pbio.1002483

    • Butterfly Preserve On The Border Threatened By Trump’s Wall

      The National Butterfly Center, a 100-acre wildlife center and botanical garden in South Texas, provides a habitat for more than 100 species of butterflies.

      It also sits directly in the path of the Trump administration’s proposed border wall.

      The federal spending bill approved in September includes $1.6 billion in 2019 for construction of the wall. In October, the Department of Homeland Security issued a waiver to 28 laws protecting public lands, wildlife and the environment to clear the way for construction to proceed.

      https://www.npr.org/2018/11/01/660671247/butterfly-preserve-on-the-border-threatened-by-trumps-wall
      #papillons

    • Wildlife advocates, local indigenous tribes protest preparations for new border wall construction

      The federal government this week began moving bulldozers and construction vehicles to the Texas border with Mexico to begin building a new six-mile section of border wall — the first new wall under President Donald Trump, administration officials confirmed Tuesday.

      The move immediately triggered angry protests by a local butterfly sanctuary — The National Butterfly Center — and local indigenous tribes who oppose the wall and say construction will damage natural habitats. U.S. Customs and Border Protection said the wall will run through land owned by federal government. The dispute came amid an administration claim that a caravan of 2,000 migrants had arrived in northern Mexico along the Texas border.

      “We’re a recognized tribe and no one’s going to tell us who we are especially some idiots in Washington,” said Juan Mancias of the indigenous peoples’ tribe Carrizo-Comecrudo, who led protests on Monday. “We’re the original people of this land. We haven’t forgot our ancestors.”

      So far, the Trump administration has upgraded only existing fencing along the border. The president has called for some $5 billion for new wall construction, and Democrats have refused, resulting in a budget dispute that shut down the government for five weeks.

      This latest Texas project relies on previously appropriated money and won’t require further congressional approval. Construction plans for the Rio Grande Valley, just south of McAllen, Texas, call for six to 14 miles of new concrete wall topped with 18-foot vertical steel bars.

      Last year, Homeland Security Secretary Kristen Nielsen waived a variety environmental restrictions, including parts of the Endangered Species and Clean Water Acts, to prepare for construction in the area. Construction on the Rio Grande Valley project is expected to start in the coming weeks.

      Marianna Wright, executive director of the National Butterfly Center, remains a staunch advocate against the border wall. She met this week with authorities who she said wants to buy the center’s land for wall construction.

      She traveled to Washington last month to explain the environmental damage that would be caused by the construction in testimony on Capitol Hill.

      “The bulldozers will roll into the lower Rio Grande Valley wildlife conservation corridor, eliminating thousands of trees during spring nesting season for hundreds of species of migratory raptors and songbirds,” Wright told the House Natural Resources Committee.

      When asked by ABC News what message she has for people who aren’t there to see the impact of the new border wall, Wright paused, searching for words to express her frustration.

      “I would drive my truck over them, over their property, through their fence,” she said.

      DHS continues to cite national security concerns as the reason for building the border wall, with Homeland Secretary Kirstjen Nielsen saying in a statement Tuesday that migrants in the new caravan that had arrived at the Texas border would try to cross over illegally.

      “Such caravans are the result of Congress’s inexcusable failure to fully fund a needed physical barrier and unwillingness to fix outdated laws that act as an enormous magnet for illegal aliens,” Nielsen said in a statement.

      The last so-called caravan that caused alarm for the administration resulted in thousands of migrants taking shelter in the Mexican city of Tijuana. Just across the border from San Diego, many waited several weeks for the chance to enter the U.S.

      https://abcnews.go.com/Politics/wildlife-advocates-local-indigenous-tribes-protest-preparations-border/story?id=60859814
      #résistance #peuples_autochtones #Carrizo-Comecrudo #McAllen #Texas

    • As Work Begins on Trump’s Border Wall, a Key Wildlife Refuge Is at Risk

      Construction is underway on a stretch of President Trump’s border wall cutting through the Lower Rio Grande Valley National Wildlife Refuge in Texas. Biologists warn the steel wall will disrupt carefully preserved habitat critical for the survival of ocelot, jaguarundi, and other threatened species.

      As Tiffany Kersten descends from a levee into a verdant forest that stretches to the Rio Grande more than a mile away, she spots a bird skimming the treetops: a red-tailed hawk. Later, other birds — great blue herons, egrets — take flight from the edge of an oxbow lake. This subtropical woodland is one of the last remnants of tamaulipan brushland — a dense tangle of Texas ebony, mesquite, retama, and prickly pear whose U.S. range is now confined to scattered fragments in the Lower Rio Grande Valley in south Texas. The ecosystem harbors an astonishing array of indigenous wildlife: ocelot, jaguarundi, Texas tortoise, and bobcat, as well as tropical and subtropical birds in a rainbow of colors, the blue bunting and green jay among them.

      But the stretch of tamaulipan scrub Kersten is exploring, in the Lower Rio Grande Valley National Wildlife Refuge, won’t be around much longer. About 15 feet from the forest edge, Kersten — a board member of a local conservation group — spots red ribbons tied to tree branches on both sides of the trail. Soon, an excavator will uproot those trees to make way for a 140-foot-wide access road and an 18-foot-high wall atop the levee, all part of the Trump administration’s plan to barricade as much of the Texas/Mexico border as possible. On Valentine’s Day, two days before I visited the border, crews began clearing a path for the road, and soon the U.S. Department of Homeland Security (DHS) will plant a cement foundation in the levee and top it with a steel bollard barrier.

      This construction is the first project under a plan to build 33 miles of new wall along the levee in South Texas, with $641 million in funding that Trump requested and Congress authorized last year. That 33-mile stretch, cutting through some of the most unique and endangered habitat in the United States, will be joined by an additional 55 miles of wall under a funding bill Trump signed February 15 that allocates another $1.375 billion for wall construction. The same day, Trump also issued a national emergency declaration authorizing another $6 billion for border walls. That declaration could give the administration the power to override a no-wall zone Congress created in three protected areas around the Lower Rio Grande Valley National Wildlife Refuge.

      Since the mid-20th century, ranches, oil fields, and housing tracts have consumed 97 percent of the tamaulipan brushland.

      Since the mid-20th century, ranches, farms, oil fields, subdivisions, and shopping centers have consumed 97 percent of the tamaulipan brushland habitat at ground zero of this new spate of border wall construction. That loss led Congress to create the Lower Rio Grande Valley National Wildlife Refuge in the 1970s and spurred a 30-year-effort by the U.S. Fish and Wildlife Service, conservation organizations, and private landowners to protect the remaining pockets of tamaulipan brushland and restore some of what has been lost. The Fish and Wildlife Service has purchased 10,000 acres of cropland and converted it back into tamaulipan woodlands; it hopes to replant another 30,000 acres. The refuge, now totaling 98,000 acres, has been likened to a string of pearls, with connected jewels of old-growth and restored habitat adorning the 300-mile lower Rio Grande Valley.

      Into this carefully rebuilt wildlife corridor now comes the disruption of a flurry of new border wall construction. Scientists and conservationists across Texas warn that it could unravel decades of work to protect the tamaulipan brushland and the wildlife it harbors. “This is the only place in the world you can find this habitat,” says Kersten, a board member of Friends of the Wildlife Corridor, a non-profit group that works closely with the Fish and Wildlife Service on the corridor program. “And only 3 percent of this habitat is remaining.”

      For all its efforts to turn cropland into federally protected habitat, the Fish and Wildlife Service finds itself with little recourse to safeguard it, precisely because it is federal property. The easiest place for the federal government to begin its new wave of border wall construction is the Lower Rio Grande Valley National Wildlife Refuge, which includes the picturesque La Parida Banco tract, where I joined Kersten. Under a 2005 law, the Department of Homeland Security can waive the environmental reviews that federal agencies such as the Fish and Wildlife Service typically conduct for projects that could alter federally protected lands.

      The tract Kersten and I visited is one of four adjacent “pearls” in the wildlife corridor — long , roughly rectangular parcels stretching from an entrance road to the river. From west to east they are the Lower Rio Grande Valley National Wildlife Refuge’s La Parida Banco tract, the Bentsen-Rio Grande Valley State Park, the refuge’s El Morillo Banco tract, and the privately owned National Butterfly Center. A levee runs through all four properties, and the first sections of fence to be built atop it would cut off access to trails and habitat in the refuge tracts. Citizens and local and state officials have successfully fought to keep the fence from crossing the National Butterfly Center, the Bentsen-Rio Grande state park, and the Santa Ana National Wildlife Refuge farther downstream — at least for now. If Trump’s national emergency declaration survives court challenges, the border barriers could even be extended into these holdouts.

      When the wall and access road are completed at La Parida Banco, a crucial piece of intact native habitat will become isolated between the wall and the river. Species that either rely on the river for water or migrate across it will find pathways they’ve traversed for thousands of years blocked.

      While biologists are concerned about the impacts of the wall all along the U.S.-Mexico border, the uniqueness of South Texas’ ecosystems make it an especially troublesome place to erect an 18-foot fence, they say. The 300-mile wildlife corridor in South Texas, where the temperate and the tropical intermingle, is home to an astounding concentration of flora and fauna: 17 threatened or endangered species, including the jaguarundi and ocelot; more than 530 species of birds; 330 butterfly species, about 40 percent of all those in the U.S.; and 1,200 types of plants. It’s one of the most biodiverse places on the continent.

      `There will be no concern for plants, endangered species [and] no consultation with the Fish and Wildlife Service,’ says a biologist.

      “This is a dry land, and when you have dry land, your diversity is near the water,” says Norma Fowler, a biologist with the University of Texas at Austin who studies the tamaulipan brushland ecosystem. She co-authored an article published last year in the scientific journal Frontiers in Ecology and the Environment warning of the consequences of the new wall for the region’s singular ecosystems and wildlife. Since the wall can’t be built in the river, it’s going up a mile or more north of it in some areas, placing both the riparian habitat right along the river and the tamaulipan thornscrub on higher ground at risk.

      “Both of those habitats have been fragmented, and there’s not much left,” Fowler says. “Some of it is lovingly restored from fields to the appropriate wild vegetation. But because they’ve waived every environmental law there is, there will be no concern for plants, endangered species. There will be no consultation with the Fish and Wildlife Service.”

      When the wall rises, the barrier and the new patrol road alongside it will cut an unusually wide 140-foot swath to improve visibility through the dense brush. In her article, Fowler estimated that construction of the border wall would destroy 4.8 to 7.3 acres of habitat per mile of barrier. The fence will also cut off access to the river and habitat on the Mexican side of the border for many animals. Including bobcats, ocelot, jaguarundi, and javelina. Some slower-moving species, like the Texas tortoise, could be caught in floods that would swell against the wall.

      If new walls must be built along the Rio Grande, Fowler says, the Department of Homeland Security should construct them in a way that causes the least harm to wildlife and plants. That would include limiting the footprint of the access roads and other infrastructure, designing barriers with gaps wide enough for animals to pass through, and using electronic sensors instead of physical barriers wherever possible.

      One of the most at-risk species is the ocelot, a small jaguar-like cat that historically roamed throughout Texas, Arkansas, Louisiana, and Arizona, but that numbers only about 80 today. The sole breeding population left in the U.S. is in South Texas, and it is wholly dependent on the dense shrubland in the Lower Rio Grande Valley that the wall will bisect. Some species could be wiped out altogether: The few sites where Physaria thamnophila, a native wildflower, still grows are directly in the path of the wall, Fowler says.

      With 1,254 miles of border — all following the languid, meandering course of the Rio Grande — Texas has far more of the United States’ 1,933-mile southern boundary than any other state, yet it has the fewest miles of existing fence. That’s because much of the Texas border is private riverfront land. The first major push to barricade the Texas border, by the George W. Bush administration, encountered opposition from landowners who balked at what they saw as lowball purchase offers and the use of eminent domain to take their property. (Years later, some of those lawsuits are still pending.) Federal land managers also put up a fight.

      Natural areas already bisected by a Bush-era fence offer a preview of the potential fate of the Rio Grande wildlife refuge.

      When Ken Merritt — who oversaw the federal South Texas Refuge Complex, which includes the Lower Rio Grande Valley National Wildlife Refuge, Santa Ana, and the Laguna Atascosa refuge near where the Rio Grande meets the Gulf of Mexico — questioned the wisdom of a barrier through Santa Ana during the Bush administration, he was forced out of his job.

      “I was getting a lot of pressure,” says Merritt, who still lives in the valley and is retired. “But it just didn’t fit. We were trying to connect lands to create a whole corridor all along the valley, and we knew walls were very much against that.”

      Natural areas already bisected by the Bush-era fence offer a preview of the potential fate of the Lower Rio Grande Valley National Wildlife Refuge. A few miles downstream from the La Parida tract, the Hidalgo Pumphouse and Birding Center, which anchors the southern end of the tiny town of Hidalgo, now looks out at a stretch of steel bollard fence atop a concrete wall embedded in the levee.

      On a recent Monday morning, a few tourists milled about the gardens behind the pumphouse, listening to the birds — curve-billed thrashers, green monk parakeets, kiskadee flycatchers — and enjoying the view from the observation deck. Curious about the wall, all of them eventually walk up to it and peek through the four-inch gaps between the steel slats. On the other side lies another pearl: a 900-acre riverside piece of the Lower Rio Grande Valley National Wildlife Refuge called the Hidalgo Bend tract. It was once a popular spot with birders drawn to its ferruginous Pygmy owls, elf owls, and other wildlife. But since the wall went up in 2009, few birders visit anymore.

      At The Nature Conservancy’s Sabal Palm Preserve, a 557-acre piece of the wildlife corridor near the Gulf of Mexico, a wall installed in 2009 cuts through one of the last stands of sabal palm forest in the Rio Grande Valley. Laura Huffman, regional director for The Nature Conservancy, worries that the more walls erected on the border, the less hope there is of completing the wildlife corridor.

      Kersten and others remain unconvinced that the danger on the border justifies a wall. She believes that sensors and more Border Patrol agents are more effective deterrents to drug smugglers and illegal immigrants. Earlier on the day we met, Kersten was part of a group of 100 or so protestors who marched from the parking lot at nearby Bentsen-Rio Grande Valley State Park to the adjacent National Butterfly Center, holding signs that read “No Border Wall” and “Solidarity Across Borders.” One placard listed the more than two dozen environmental and cultural laws that the Trump administration waived to expedite the fence. Among them: the National Environmental Policy Act, which requires environmental analysis before federal projects can begin; the Endangered Species Act; the Clean Water Act; the Migratory Bird Treaty Act; the National Wildlife Refuge System Administration Act; the National Historic Preservation Act; and the Native American Graves and Repatriation Act.

      Even as the wall goes up in the refuge, preparations for this year’s restoration projects are moving ahead. Betty Perez, whose family has lived in the Lower Rio Grande Valley for generations, is one of several landowners who grow seedlings for replanting on refuge lands each year. At her ranch, about a 45-minute drive northwest of the La Parida Banco tract, she’s beginning to collect seeds to grow this year’s native shrub crop: coyotillo, in the buckthorn family; yucca; Texas persimmon.

      Next to a shed in her backyard sit rows of seedlings-to-be in white tubes. To Perez, the delicate green shoots hold a promise: In a few years, these tiny plants will become new habitat for jaguarundi, for ocelot, for green jays, for blue herons. Despite the new walls, the wildlife corridor project will go on, she says, in the spaces in between.

      https://e360.yale.edu/features/as-work-begins-on-trumps-border-wall-a-key-wildlife-refuge-is-at-risk

    • Border Wall Rising In #Arizona, Raises Concerns Among Conservationists, Native Tribes

      Construction has begun on President Trump’s border wall between Arizona and Mexico, and conservationists are furious. The massive barrier will skirt one of the most beloved protected areas in the Southwest — Organ Pipe Cactus National Monument, recognized by the United Nations as an international biosphere reserve.

      On a recent drive along the borderline, a crew was transplanting tall saguaro cactus out of the construction zone.

      “There may be misconceptions that we are on a construction site and just not caring for the environment,” intones a voice on a video released by the U.S. Army Corps of Engineers, which is overseeing the project. “We are relocating saguaro, organ pipe, ocotillo...”

      But a half-mile away, a big yellow bulldozer was scraping the desert clean and mowing down cactus columns that were likely older than the young man operating the dozer.

      Customs and Border Protection later said 110 desert plants have been relocated, and unhealthy ones get bulldozed.

      This scene illustrates why environmentalists are deeply skeptical of the government’s plans. They fear that as CBP and the Defense Department race to meet the president’s deadline of 450 miles of wall by Election Day 2020, they will plow through one of the most biologically and culturally rich regions of the continental United States.

      The U.S. Fish & Wildlife Service has warned that the wall, with its bright lights, human activity and impermeable barrier, could negatively impact 23 endangered and at-risk species, including the Sonoran pronghorn antelope. And the National Park Service says construction could destroy 22 archaeological sites. Yet, for this stretch of western desert, the government has waived 41 federal environmental laws to expedite construction.

      “This is a wall to fulfill a campaign promise. It’s really clear. And that’s what makes so many of us so angry. It’s being done so fast outside the rule of law and we know it’ll have an incredible impact,” says Kevin Dahl, Arizona representative for the National Parks Conservation Association. He sits beside a serene, spring-fed pond fringed by cattails, and dive-bombed by dragonflies. It is called Quitobaquito Springs, and it’s located on the southern edge of the #Organ_Pipe_Cactus_National_Monument.

      A biologist peers into a rivulet that feeds this oasis in the middle of the Sonoran desert.

      “These guys are very tiny, maybe half the size of a sesame seed. Those are the Quitobaquito tryonia. And there are literally thousands in here,” says Jeff Sorensen, wildlife specialist supervisor with Arizona Game and Fish Department. He’s an expert on this tiny snail, which is one of three species — along with a mud turtle and a pupfish — whose entire universe is this wetland.

      The springs have been used for 16,000 years by Native Americans, followed by Spanish explorers, traders and farmers.

      But the pond is a stone’s throw from the international border, and the path of the wall. Conservationists fear workers will drill water wells to make concrete, and lower the water table which has been dropping for years.

      “We do have concerns,” Sorensen continues. “Our species that are at this site rely on water just like everything else here in the desert southwest. And to take that water away from them means less of a home.”

      The Trump administration is building 63 miles of wall in the Tucson Sector, to replace outdated pedestrian fences and vehicle barriers. CBP says this stretch of desert is a busy drug- and human-trafficking corridor. In 2019, the Tucson sector had 63,490 apprehensions and seized more than 61,900 pounds of illegal narcotics. The Defense Department is paying Southwest Valley Constructors, of Albuquerque, N.M., to erect 18- to 30-foot-tall, concrete-filled steel bollards, along with security lights and an all-weather patrol road. It will cost $10.3 million a mile.

      The rampart is going up in the Roosevelt Reservation, a 60-foot-wide strip of federal land that runs along the U.S. side of the border in New Mexico, Arizona and California. It was established in 1907 by President Theodore Roosevelt.

      Congress refused to authorize money for construction of the wall in Arizona. Under Trump’s national emergency declaration, the Defense Department has reprogrammed counterdrug funding to build the border wall.

      In responses to questions from NPR, CBP says contractors will not drill for water within five miles of Quitobaquito Springs. The agency says it is coordinating with the National Park Service, Fish & Wildlife and other stakeholders to identify sensitive areas “to develop avoidance or mitigation measures to eliminate or reduce impacts to the environment.” Additionally, CBP is preparing an Environmental Stewardship Plan for the construction project.

      Critics are not appeased.

      “There is a whole new level of recklessness we’re seeing under Trump. We thought Bush was bad, but this is a whole other order of magnitude,” says Laiken Jordahl, a former national park ranger and now borderlands campaigner with the Center for Biological Diversity.

      There was an outcry, too, back in the late 2000s when President George W. Bush built the first generation of bollard wall. Those barriers topped out at 18 feet. The structures rising southwest of Tucson are as tall as a two-story building. They look like they could hold back a herd of T-rexes.

      The Trump administration is using the same Real ID Act of 2005 that empowered President George W. Bush to build his border wall without heeding environmental protections. But the pace of waivers is quickening under Trump’s aggressive construction timeline. Under Bush, the Department of Homeland Security issued five waiver proclamations. Under Trump, DHS has issued 15 waivers that exempt the contractors from a total of 51 different laws, ranging from the Clean Water Act to the Archeological Resources Protection Act to the Wild Horse and Burro Act.

      “The waivers allow them to bypass a lot of red tape and waive the public input process,” says Kenneth Madsen, a geography professor at Ohio State University at Newark who monitors border wall waivers. “It allows them to avoid getting bogged down in court cases that might slow down their ability to construct border barriers along the nation’s edges.”

      The most important law that CBP is able to sidestep is the National Environmental Policy Act, NEPA—known as the Magna Carta of federal environmental laws. It requires a detailed environmental assessment of any “federal actions significantly affecting the quality of the human environment.” NEPA covers most large federal construction projects, such as dams, bridges, highways, and waterway projects.

      Considering the construction of 450 miles of steel barriers on the nation’s southern boundary, “There is no question that NEPA would require preparation of an environmental impact statement, with significant input from the public, from affected communities, tribal governments, land owners, and land managers throughout the process. And it is outrageous that a project of this magnitude is getting a complete exemption from NEPA and all the other laws,” says Dinah Bear. She served as general counsel for the White House’s Council on Environmental Quality for 24 years under four presidents.

      To some border residents, barriers — regardless how controversial — are the best way to stop illegal activity.

      “I support Donald Trump 100%. If you’re going to build a wall, build it!” declares rancher John Ladd.

      His family has bred cattle in Arizona since it was a territory. Their ranch backs up to the Mexican border near the town of Naco. The surrounding mountains purple at dusk, as a bull and his harem of cows munch gramma grass.

      Time was when the Ladd ranch was overrun by people crossing the border illegally. They stole things and cut fences and left trash in the pastures. Then in 2016, at the end of the Obama years, CBP built a fence, continuing what Bush started.

      Ladd reserves judgment on the propriety of a wall through a federally protected wilderness. But for his ranch, walls worked.

      “When this 18-foot wall went in, it was obvious that immigrants quit coming through here,” he says. “It was an immediate improvement with the security of our border as well as our houses.”

      Other border neighbors feel differently.

      The vast Tohono O’odham Nation — nearly as big as Connecticut — shares 62 miles with Mexico. The tribe vehemently opposes the border wall. Several thousand tribal members live south of the border, and are permitted to pass back and forth using tribal IDs.

      Already, border barriers are encroaching on the reservation from the east and west. While there is currently no funding to wall off the Arizona Tohono O’odham lands from Mexico, tribal members fear CBP could change its mind at any time.

      “We have lived in this area forever,” says Tribal Chairman Ned Norris, Jr. “And so a full-blown 30-foot wall would make it that much difficult for our tribal citizens in Mexico and in the U.S. to be able to actively participate with family gatherings, with ceremonial gatherings.”

      Traditions are important to the Antone family. The father, son and daughter recently joined other tribal members walking westward along State Highway 86, which runs through the reservation. They were on a pilgrimage for St. Francis.

      Genae Antone, 18, stopped to talk about another rite of passage. Young Tohono O’odham men run a roundtrip of 300 miles from the reservation, across the border, to the salt flats at Mexico’s Sea of Cortez.

      “The salt run, for the men, that’s really important for us as Tohono O’odham. For the men to run all the way to the water to get salt,” she said. “Some people go and get seashells. So I don’t really necessarily think it (the border wall) is a good idea.”

      The Antone family — carrying a feathered walking stick, a statue of the virgin, and an American flag — then continued on its pilgrimage.

      https://www.npr.org/2019/10/13/769444262/border-wall-rising-in-arizona-raises-concerns-among-conservationists-native-tri
      #cactus

    • Les murs frontaliers sont une catastrophe écologique

      On les croyait en voie d’extinction, ils se sont multipliés : les murs et autres clôtures aux frontières pour empêcher les migrations humaines ont un impact délétère sur de nombreuses espèces en morcelant leurs habitats naturels. Une raison de plus de s’y opposer, pour ce chroniqueur de gauche britannique.

      C’est au XXIe siècle que convergent les catastrophes humanitaires et environnementales. L’effondrement climatique a contraint des millions de personnes à fuir de chez elles, et des centaines de millions d’autres risquent le même sort. La famine qui dévaste actuellement Madagascar est la première que les Nations unies ont qualifiée de conséquence probable de l’urgence climatique [un lien contesté] ; elle ne sera pas la dernière. De grandes métropoles s’approchent dangereusement de la pénurie d’eau à mesure que les nappes souterraines sont vidées. La pollution de l’air tue 10 millions de personnes par an. Les produits chimiques de synthèse qui se trouvent dans les sols, l’air et l’eau ont des retentissements indicibles sur les écosystèmes et les êtres humains.

      Mais, à l’inverse, les catastrophes humanitaires, ou plus précisément les réactions cruelles et irrationnelles des gouvernements face à ces crises, peuvent aussi déclencher des désastres écologiques. L’exemple le plus frappant est la construction de murs frontaliers.

      En ce moment, avec l’aide de 140 ingénieurs militaires britanniques, la Pologne entame la construction d’une paroi en acier de 5,5 mètres de haut sur 180 kilomètres, le long de sa frontière avec la Biélorussie. L’aide des militaires britanniques facilitera la signature d’un nouveau contrat d’armement entre le Royaume-Uni et la Pologne, d’un montant approximatif de 3 milliards de livres.
      L’illusion de la chute du mur

      Le mur est présenté comme une mesure de “sécurité”. Pourtant, il protège l’Europe non pas d’une menace mais du dénuement absolu de personnes parmi les plus vulnérables du monde, en particulier des réfugiés venus de Syrie, d’Irak et d’Afghanistan qui fuient les persécutions, la torture et les massacres. Ils ont été cruellement exploités par le gouvernement biélorusse, qui s’est servi d’eux comme arme politique. Ils sont maintenant piégés à la frontière en plein hiver, gelés et affamés, sans nulle part où aller.

      À la chute du mur de Berlin, on nous a promis l’avènement d’une nouvelle époque plus libre. Depuis, beaucoup plus de murs ont pourtant été érigés qu’abattus. Depuis 1990, l’Europe a construit des murs frontaliers six fois plus longs que celui de Berlin. À l’échelle mondiale, le nombre de frontières clôturées est passé de 15 à 70 depuis la fin de la guerre froide : il existe actuellement 47 000 kilomètres de frontières matérialisées par des barrières.

      Pour ceux qui sont piégés derrière ces obstacles, la cruauté du capitalisme est difficile à distinguer de la cruauté du communisme.

      (#paywall)
      https://www.courrierinternational.com/article/faune-les-murs-frontaliers-sont-une-catastrophe-ecologique

    • An endangered wolf spent days searching for a mate. The border wall blocked him.

      It is the first time researchers have directly observed how border fences hinder the Mexican gray wolf, which is on the verge of extinction.

      One chilly early morning in November, a wolf roamed southwest of Las Cruces, New Mexico, on the southern border of the U.S. He was probably driven by the call for survival and wanted to mate, researchers say.

      In his search for a mate or for better opportunities, the wolf tried to cross the dangerous Chihuahuan Desert, a region he knows very well because it has been his species’ habitat since time immemorial.

      This time, however, he was unable to cross. The barriers that make up the border wall prevented him from crossing the border into Mexico.

      “For five days he walked from one place to another. It was at least 23 miles of real distance, but as he came and went, he undoubtedly traveled much more than that,” said Michael Robinson, the director of the Center for Biological Diversity, a nonprofit organization that defends and monitors species that are in danger of extinction — like this Mexican gray wolf, whom they called Mr. Goodbar.

      Robinson lives in Silver City, very close to Gila National Forest. He noticed the wolf’s adventures when he was reviewing a map from the U.S. Fish and Wildlife Service that records the locations of the wolves using GPS devices they have on necklaces. It is the first time researchers have directly observed how the border wall hinders the life of the species, which is at risk of extinction.

      “Mr. Goodbar’s Thanksgiving was forlorn, since he was thwarted in romancing a female and hunting together for deer and jackrabbits,” Robinson said. “But beyond one animal’s frustrations, the wall separates wolves in the Southwest from those in Mexico and exacerbates inbreeding in both populations.”

      The dangers of the wall

      The Center for Biological Diversity and other organizations have said the border wall cuts off connections for wildlife in the area. The center has filed multiple lawsuits to stop the construction of barriers between the two countries and protect the populations of gray wolves and other endangered animals.

      The organization announced Dec. 21 that it plans to sue the Department of Homeland Security and Customs and Border Protection for failing to protect ocelots and other species during the construction of border levees along the Rio Grande Valley in Texas.

      “It is hypocritical to use safety as an excuse to repair levees and then ignore federal laws that protect people and wildlife. These alleged repairs are seen more as an excuse to rush the construction of the border wall,” Paulo Lopes, a lawyer for the Center for Biological Diversity, said in a statement.

      The organization said more than 13 miles of levees will be built on the land of the Lower Rio Grande Valley National Wildlife Refuge, traversing family farms and other private property in Hidalgo County, Texas.

      Ocelots have been in danger of extinction since 1982, and according to official data, it’s estimated that fewer than 50 of them remain in the U.S., all in South Texas.

      Restoring their habitat, including creating wildlife corridors, is a priority for the Rio Grande Wildlife Refuge, but the levees project — which involves removing vegetation along the river to build a control zone 150 feet wide with new roads for law enforcement agencies, as well as lighting systems, cameras and sensors — threatens the ocelot’s habitat.

      Building a wall on the border between Mexico and the U.S. was one of former President Donald Trump’s main campaign promises, and 450 miles of the project were completed during his presidency. The Biden administration suspended construction work, but Texas’ Republican governor, Greg Abbott, began construction of his own wall on Dec. 20.

      “President Biden should knock down the wall,” Robinson said. “Allowing Mexican gray wolves to roam freely would do right by the sublime Chihuahuan Desert and its lush sky-island mountains. We can’t allow this stark monument to stupidity to slowly strangle a vast ecosystem.”
      Challenges to survival

      By March, the Fish and Wildlife Service had estimated that 186 specimens of the Mexican gray wolf (Canis lupus baileyi) were in the wild, an increase of 14 percent over 2020. The population has increased for five consecutive years. Only 35 of the wolves are in Mexican territory, according to Mexican government data.

      In some ways, the fight to preserve the wolves is a success story, because, from 1915 to 1972, U.S. authorities poisoned and trapped almost all of the wolves in the wild. Three of the last five surviving wolves, captured from 1977 to 1980, were bred in captivity along with the progeny of four previously captured Mexican wolves.

      Because of a lawsuit filed by the center, the descendants of those seven wolves were reintroduced in the Southwestern U.S. in 1998. On the Mexican side, the wolves’ release began in 2011.

      The subspecies is about 5 feet long, usually weighs 50 to 80 pounds and lives in herds of four to nine. Their gray and rust-color fur is abundant. They live from two to eight years, and, despite protective measures, very few die of natural causes.

      Historically, their habitat has been the border: They used to live throughout southwestern Texas, southern New Mexico and southeastern Arizona and as far south as central Mexico. Today they are found only in the Gila ecosystem, in eastern Arizona and western New Mexico, and in the Sierra de San Luis, in northern Mexico.

      Despite the modest but constant growth of its population, activists and experts have made multiple calls to maintain the protections for the species. Mr. Goodbar, who was born at the Sedgwick County Zoo in Kansas and was released in the desert area of ​​Arizona in 2020, is the result of such measures.

      The wolf’s adventurous and exploratory spirit is part of the species’ most basic instincts. It also runs in the family.

      Wolves from Mexico twice entered the U.S. at the beginning of 2017. One crossed through the point where Mr. Goodbar couldn’t make it and then returned to Mexico. Two months later, a female crossed into Arizona, and authorities captured her to appease complaints from people linked to the livestock industry.

      She is Mr. Goodbar’s mother, and she is still in captivity.

      “If the barriers remain on the border, and more are being built, that is going to have an impact on the genetic diversity of the wolves, because it could affect their reproduction. If the wall could be knocked down, at least in some key areas, it has to be done. That will allow for wildlife connectivity,” Robinson said.
      A problem of borders

      Researchers at the Center for Biological Diversity say wolves aren’t the only species threatened by the border wall.

      The telemetry studies of Aaron Flesch, a researcher at the University of Arizona, have found that the mountain owl, a bird in the area, flies at an average height of 4.5 feet, so border fences would also affect it.

      In addition, other animals, such as the cacomixtle, which is similar to a racoon, and the northern fox need to travel through large areas of the Chihuahuan Desert to feed and reproduce, so the barriers are obstacles to their habitats.

      Aislinn Maestas, a public affairs specialist for the Fish and Wildlife Service, said in a statement published in the El Paso Times that it was “speculative” to suggest that a barrier may have affected the wolf’s movements, adding that the wolf has continued to roam widely.

      However, the ecological impacts of border barriers have been widely documented. Roads and farmland isolate wildlife, but nothing else separates some species as effectively as border walls.

      The fence erected between Slovenia and Croatia in 2015 could lead to the gradual extinction of the lynx in the Dinaric Mountains. Carcasses of bears, deer and lynx that died horribly after they got caught on their quills are often found throughout the area.

      The barrier between India and Pakistan has caused the population of the Kashmir markhor (a rare wild goat) to collapse. The world’s longest border fences divide China, Mongolia and Russia, isolating populations of wild donkeys, Mongolian gazelles and other endangered species from the steppes.

      Modern wildlife researchers have warned that even in large protected areas, wildlife species are at risk of extinction if they can’t disperse and mix with populations elsewhere.

      Robinson, the activist, said that only once was he able to see a Mexican gray wolf in the wild. “They are incredible animals and play a key role in balancing nature,” he said.

      After his days trying to cross the border in November, Mr. Goodbar headed north toward Gila National Forest, where most of the Mexican wolves live. The area is very close to where Robinson lives, and he usually hears the powerful howls and sees the footprints the wolves leave on their wanderings across the border.

      “At any moment he will leave again. That is their nature, regardless of the walls that human beings build," Robinson said.

      https://www.nbcnews.com/news/latino/endangered-wolf-spent-days-searching-mate-border-wall-blocked-rcna10769

      #loup

    • #border_angels

      Border Angels is an all volunteer, non profit organisation that advocates for human rights, humane immigration reform, and social justice with a special focus on issues related to issues related to the US-Mexican border. Border Angels engages in community education and awareness programs that include guided trips to the desert to place water along migrant crossing routes as well as to the border to learn about the history of US-Mexico border policy and experience the border fence firsthand.

      Border Angels also works to serve San Diego County’s immigrant population through various migrant outreach programs such as Day Laborer outreach and our free legal assistance program held in our office every Tuesday. Border Angels works to dispel the various myths surrounding immigration in the United States and to bring back truth and justice.

      http://www.borderangels.org
      #solidarité #anges

    • Water in the desert. Inside the effort to prevent migrant deaths at the US-Mexico border

      “I had no idea how many people had died. I had no idea the extent of the humanitarian crisis.”

      In the lead-up to the US midterm elections, President Donald Trump has stoked fears about undocumented immigration. After repeatedly saying that immigrants from Latin America are criminals and peddling baseless claims that unidentified people from the Middle East are part of a “caravan of migrants” making its way north from Honduras, Trump ordered the deployment of more than 5,000 soldiers to the southern US border.

      Decades of acrimonious public debate over undocumented immigration in the United States has focused on security, crime, and economics while largely overlooking the people at the centre of the issue and the consequences of US attempts to prevent them from entering the country.

      One of the starkest facts about this humanitarian emergency is that at least 6,700 bodies have been found since 2000 – likely only a fraction of the actual number of people who have died trying to cross the southern US border over this period. More than a third of these bodies have been found in the Sonoran Desert in southern Arizona, where migration routes have been pushed into increasingly harsh and remote terrain.

      Seldom reported and virtually unheard of outside the border region, these bodies have become a cause for a small constellation of humanitarian groups in southern Arizona, spawning an unlikely effort to prevent deaths by placing drinking water along migration trails in the desert.

      “I found it shocking,” Brian Best, a volunteer who moved to Arizona a couple years ago, says of the situation in the desert. “I had no idea how many people had died. I had no idea the extent of the humanitarian crisis.”

      Trying to save lives in this way is not uncontroversial. Undocumented immigration is one of the most polarising issues in US politics and aid groups operate in the same areas that cartels use to smuggle drugs into the country. Inevitably, humanitarian efforts are caught up in the politics and paranoia surrounding these two issues.

      The intensity of the situation has led to a strained relationship between the humanitarians and the Border Patrol, the federal agency tasked with preventing undocumented immigration. Nearly two decades after aid efforts began, the numbers crossing the border have reached a historic low but the proportion of people dying is rising.

      Early on a Friday morning, Stephen Saltonstall, 74, sits behind the steering wheel of a flatbed pickup as it shakes and rattles towards the US-Mexico border. The back of the truck is loaded with equipment: a 300-gallon plastic tank of drinking water, a gas operated pump to pull the water out, and a long, lead-free hose to deliver it into barrels at the water stations Humane Borders, the NGO Saltonstall volunteers with, maintains across southern Arizona.

      It’s mid-September and the temperature is already climbing. By midday it will reach well over 100 degrees (38 celsius), and there are no clouds to interrupt the sun as it bakes the hardscrabble landscape of the Sonoran Desert, surprisingly green from the recently departed monsoon rains. Scraggly mesquite trees and saguaro cactuses with comically tubular arms whir past as Saltonstall guides the truck along Route 286 southwest of Tucson. A veteran of the civil rights movement with a lifelong commitment to social justice – like many others involved in the humanitarian aid effort here – he has made this drive more than 150 times in the three years since moving to Arizona from the northeastern United States.

      Around mile marker 38 – signifying 38 miles north of the border – 13 miles north of an inland US Border Patrol checkpoint, Saltonstall eases the truck off to the side of the road. Stepping out, he walks to the top of a small hill about 10 feet from where the asphalt ends. Stopping next to a small wooden cross planted in the cracked earth, he puts his hands together and offers a silent prayer.

      “I’m sorry that you died an awful death here,” Saltonstall says when he’s finished praying. “Wherever you are now, I hope you are in a better place.”

      The cross is painted red and draped with a strand of rosary beads. It marks the spot – on top of this small hill, in plain sight of the road – where the body of someone who irregularly crossed the border into the United States was found in July 2017. The person likely succumbed to thirst or hyperthermia after spending days trekking through this harsh, remote environment. But no one knows for sure. By the time someone came across the remains, scavenging birds and animals had stripped the body down to a skeleton. There’s no official cause of death and the person’s identity is unknown.

      Nearly 3,000 human remains like this one have been found in southern Arizona since the year 2000. Many more are probably lost in this vast and sparsely populated desert, lying in areas too remote and infrequently trafficked to be discovered before they decompose and end up being carried off in pieces by feasting animals, scattered and rendered invisible.

      Prevention through deterrence

      It wasn’t always like this in southern Arizona.

      The office of Pima County medical examiner Dr. Greg Hess receives all the human remains found near the migration trails in three of the four Arizonan counties that border Mexico.

      “In the 1990s we would average about 15 of these types of remains being recovered every year,” says Hess. Starting in 2002, that average jumped to 160 bodies per year, he adds.

      Most people irregularly crossing the border used to simply sneak over in urban areas where it wasn’t too dangerous. But things started to change in the mid 1990s with the introduction of a federal policy called “prevention through deterrence”. The policy directed Border Patrol to concentrate agents and resources in the urban areas where most people were crossing. The architects of the strategy predicted that “illegal traffic will be deterred, or forced over more hostile terrain, less suited for crossing and more suited for enforcement.”

      The construction of border walls between urban areas in northern Mexico and their neighbouring towns and cities in the United States soon followed. That funnelled the movement of migrants decisively into remote areas like the desert in southern Arizona, but had no discernible impact on the number of people irregularly entering the United States.

      Corlata Wray, 62, watched in the early 2000s as federal policy brought a humanitarian crisis to her back yard. Born in Durango, Mexico, Wray has lived in the small, rural town of Arivaca, Arizona, 12 miles from the border, for the better part of four decades. A slow trickle of people has always moved through Arivaca given its location, but in the late 1990s the number of people trekking across the desert close to Wray’s home dramatically increased.

      In the early years people would knock on the door and Wray would give them water and a little bit of food before they continued on their way. Helping migrants in this way was a normal part of life, according to many people IRIN spoke to living in the border region. But as enforcement efforts ramped up, “everything changed”, says Wray, who now volunteers regularly with organisations providing aid and support to migrants. “I started to see more suffering with the migrants.”

      Now the people who end up on her property are usually in a desperate situation – parched and sunburnt, with bloodied and blistered feet and twisted or broken limbs. “They don’t know which way to go, and that’s when their life is in danger because they’re lost. They have no water. They have no food. And then the desert is not beautiful anymore. Es mortal,” Wray says, switching into Spanish – “It’s deadly”.
      “We have to do something”

      As the “prevention through deterrence” policy came into full effect in the early 2000s, the fact that migrants were dying in the desert at an alarming rate was hard for some people to overlook. Ila Abernathy, a long-time resident of Tucson, 65 miles north of the border, remembers a point in July 2002 when a dozen or more bodies were found in one weekend.

      Fifty-nine at the time, Abernathy had moved to Tucson as a young adult and had been active in the waning years of the sanctuary movement, which sought to provide safe-haven to refugees fleeing civil wars in Central America in the 1980s as the US government restricted their ability to seek asylum. A decade and half later, the network from that movement was still intact.

      Following the news of the deaths in July 2002, a meeting was called at the Southside Presbyterian Church in Tucson. “This is a new crisis. We have to do something,” Abernathy recalls of the meeting’s conclusion. “We need to advocate and we need to get out there and search for people before they die.”

      In the beginning, that meant giving aid to people directly. Between 2002 and 2008, Border Patrol apprehended between 300,000 and 500,000 people every year in the area south of Tucson. “You’d just drive down the road early in the morning and there would be clusters of people either ready to give up or else already in Border Patrol capture,” Abernathy says.

      The group that formed out of the meeting at the Southside Presbyterian Church, the Tucson Samaritans, travelled the roads providing food, water, and medical aid to people in need. Two other groups, Humane Borders and No More Deaths, formed around the same time with similar missions. Their members tended to be active in multiple groups at the same time and were often veterans of the sanctuary or civil rights movements, like Abernathy and Saltonstall. Others were young people who came to the region on educational trips and decided to stay, or longtime residents of southern Arizona who had watched the crisis develop and felt compelled to try to help.

      But their work soon got harder. In 2006, the administration of US president George W. Bush announced a massive expansion of the Border Patrol. With nearly double the number of agents in the field and more resources, it became increasingly rare to find migrants along the roads, or even close to them, according to Abernathy. Unable to deliver aid to people directly, groups started hiking into the remote desert to find the trails migrants were using and leave behind gallon jugs of drinking water in the hope they would be found by people in need. It’s an effort that has continued now for close to 12 years.
      Into the desert

      On a Sunday morning, Best, 59, is picking his way along a migration trail deep in the Sonoran Desert with two other volunteers from the Tucson Samaritans. If you could travel in a straight line, the nearest paved road would be about 10 miles away. But moving in a straight line isn’t an option out here.

      Best and the other volunteers left their four wheel drive SUV behind some time ago after following the winding, rocky roads as far as they could. They are now hiking on foot towards the US-Mexico border. The landscape doesn’t distinguish between the two countries. In every direction, cactuses and mesquite trees carpet low, jagged hills. At the far limits of the vast, open expanse, towering mountains run like rows of crooked shark’s teeth along the horizon.

      This is the “hostile terrain” referred to by the architects of “prevention through deterrence” where migration routes have been pushed. There’s no man-made wall at the border here – just a rusted barbed wire fence. But someone would have to hike about 30 miles to make it north of the inland Border Patrol checkpoint on Route 286 to reach a potential pick-up point, or 60 miles to make it to Tucson. Humanitarian aid volunteers say the trip usually takes from three to 10 days.

      In the summertime the temperature reaches 120 degrees (49 celsius) and in the winter it drops low enough for people to die of hypothermia. There are 17 species of rattlesnakes in this desert, which is also home to the venomous gila monster lizard, tarantulas, scorpions, and other potentially dangerous animals. Natural water sources are few and far between, Border Patrol agents traverse the area in all-terrain vehicles and pickup trucks, on horseback and in helicopters; and there’s surveillance equipment laced throughout the landscape. “I’m really surprised that anybody gets through,” says one humanitarian volunteer, “but they do.”

      On the trail where Best is walking, the ground is uneven and rocks jut out at menacing angles. It’s easy to twist an ankle and impossible to move forward without getting scraped by mesquite branches or poked by cactus spines.

      Best has been visiting this area of the desert for a little over a year. In the beginning, there were a lot of signs that migrants were passing through – black plastic water bottles from Mexico, food wrappers with recent expiration dates, even discarded backpacks and clothing – so the Samaritans started putting jugs of water here hoping it would help fortify people against the dangers of the long journey ahead. But recently the jugs have been sitting untouched. It looks like the route has shifted elsewhere.

      During the second half of the morning Best will explore new territory – literally bushwhacking through the desert – to try to figure out where the route has moved to and where water should be placed. More than a decade after humanitarian aid groups started hiking out into the desert, there are still plenty of places they have yet to set foot in. Figuring out where people are moving and then putting out water is a time-consuming and labour-intensive process of trial and error. “It is very slow and inefficient in some ways, but I think really important,” Best says. “There’s no other way to do it.”

      In the 12 years since they started, over the course of innumerable hikes like this one, the Samaritans have mapped somewhere between 1,500 and 2,000 miles of trails south of Tucson, according to volunteers. Two different groups go out every day, bringing water to hundreds of locations over the course of any given week. In total in the past two years, according to one volunteer, the group has placed 3,295 gallon jugs of water in the desert. No More Deaths, which also relies on volunteers to hike water into the desert, says it has put out 31,558 gallons in past three years, 86 percent of which was used.

      Humane Borders, the organisation that Saltonstall volunteers with, operates using a slightly different model. It maintains fixed water stations at 51 locations on public and private land in southern Arizona that it services by truck. Each station consists of a 55-gallon barrel with a blue flag flying high in the sky to mark its location. Last year the group put 70,000 gallons of water into these stations. Between the three groups, comprised of a couple hundred active volunteers, that’s equivalent to about 10 backyard swimming pools full of water placed along migration trails in the desert, one bottle or barrel at a time.
      Not so straightforward

      The terrain where the humanitarian aid groups put water is some of the most politically charged in the US, at the heart of debates about both undocumented immigration and the movement of illicit drugs into the country. Needless to say, not everybody supports what the groups are doing.

      Cartels have a strong presence in the towns and cities of northern Mexico, and control and profit from the movement of both people and drugs across the border. Critics of the humanitarian groups say they are helping people break the law both by assisting migrants who are irregularly entering the United States and by putting water out that cartel drug runners and scouts can drink just as easily as anyone else.

      Humane Borders receives public funding from the Board of Supervisors in Pima County, but the vote to approve the funding is split: three Democratic members in favour and two Republican members against. Both Republican supervisors declined to comment when IRIN asked about their opposition to the funding – a spokesperson for one said the vote “speaks for itself.”

      The relationship between the humanitarian aid groups and Border Patrol has also been rocky. In particular, No More Deaths has been openly critical of Border Patrol, documenting agents destroying water drops and arguing that the agency’s tactics are contributing to deaths and disappearances in the desert. Border Patrol says it doesn’t condone the destruction of humanitarian aid drops and that it ultimately views its work as humanitarian as well.

      Nine members of No More Deaths have also been arrested on various charges related to their humanitarian work, ranging from trespassing and littering to harbouring illegal aliens, in what volunteers see as an effort to criminalise aid activities in the desert. One of those arrested faces up to 20 years in prison if convicted, and the Intercept has reported that court documents and other evidence suggest some of the arrests were retaliation against No More Deaths for publicising Border Patrol abuses.

      As far as whether water drops are benefitting cartel members or helping people break the law, the questions aren’t really important to many volunteers. “The real basic, humane argument is that nobody should be dying out here,” Best, the Samaritans volunteer, says.

      A more important question is whether the water drops are effective at saving lives. There’s anecdotal evidence from migrants who are caught by Border Patrol and later deported to northern Mexico that it is reaching people in need, but there’s no way to tell how many.

      There’s also the fact that, even as the number of people crossing the desert south of Tucson has decreased, the number of bodies found has remained relatively consistent. Also, not every death in the desert is caused by dehydration. “If somebody has heat stroke it may not be a process of having water available,” explains Hess, the medical examiner. “They may have water with them. It’s just that you’re too hot.”
      “What value can you put on saving even one life?”

      Considering that Border Patrol apprehended an average of over 100 people per day south of Tucson last year, and that an untold number of others crossed without being caught, and that the water isn’t necessarily in all of the places where people are trekking, the volunteers are aware of the limits of what they do. One estimated that over the course of an eight- to 10-hour hike a group of four people could only put enough water out to sustain 15 migrants for one day.

      “What we do is small, and we know it does some good,” Abernathy says. “We don’t want to delude ourselves into thinking this is the solution… [But] what value can you put on saving even one life?”

      Short of a major change to the “prevention through deterrence” policy, many don’t see an alternative to what they are doing. And humanitarian aid efforts have expanded over the years westward from the area south of Tucson to even more remote and sparsely populated parts of the desert where people have to walk 85 to 100 miles through nearly empty wilderness before reaching a point where they can be picked up.

      The old copper mining town of Ajo, Arizona – home to around 3,000 people – is in the heart of one of these far flung, desolate places. One hundred and thirty miles west of Tucson, this outpost of old clapboard and adobe houses is bordered by a national park, wildlife refuge, and US Air Force bombing range that combined constitute a relatively uninhabited and untouched area of desert the size of the state of Connecticut.

      On a warm dry night, volunteers from various humanitarian aid groups are gathered here in the town square, under the light of dim street lamps and a nearly full moon, to pay homage to what binds their community together: the people who have died in the desert.

      Some of the volunteers will wake at 4:45am to try to avoid the heat as best they can and hike out along the trails carrying their gallon jugs of water. But tonight at this vigil they form a line and one by one pick up white wooden crosses, holding them in front of their bodies. Each one represents the remains of a person that were found in the area surrounding Ajo in 2017 and is inscribed with a name or the word desconocido – Spanish for “unknown”. There are about 30 volunteers, and they have to pass through the line more than once. There are more crosses than people to hold them.

      https://www.irinnews.org/news-feature/2018/11/06/migrants-US-Mexico-caravan-elections-Trump-water-desert
      #eau #résistance #désert #frontières #mourir_aux_frontières #hostile_environment

    • Four women found guilty after leaving food and water for migrants in Arizona desert

      A federal judge on Friday reportedly found four women guilty of misdemeanors after they illegally entered a national wildlife refuge along the U.S.-Mexico border to leave water and food for migrants.

      According to The Arizona Republic, the four women were aid volunteers for No More Deaths, an advocacy group dedicated to ending the deaths of migrants crossing desert regions near the southern border.

      One of the volunteers with the group, Natalie Hoffman, was found guilty of three charges against her, including operating a vehicle inside the Cabeza Prieta National Wildlife Refuge, entering a federally protected wilderness area without a permit and leaving behind gallons on water and bean cans.

      The charges reportedly stemmed from an August 2017 encounter with a U.S. Fish and Wildlife officer at the wildlife refuge.

      The three other co-defendants — Oona Holcomb, Madeline Huse and Zaachila Orozco-McCormick — were reportedly passengers in Hoffman’s truck at the time and were also charged with entering federally protected area without a permit and leaving behind personal property.

      Each of the women face up to six months in prison for the charges and a $500 fine after being found guilty.

      In his three-page order, U.S. Magistrate Judge Bernardo Velasco reportedly wrote that the defendants did not “get an access permit, they did not remain on the designated roads, and they left water, food, and crates in the Refuge."

      “All of this, in addition to violating the law, erodes the national decision to maintain the Refuge in its pristine nature,” he continued.

      He also criticized the No More Deaths group for failing to adequately warn the women of all of the possible consequences they faced for violating the protected area’s regulations, saying in his decision that “no one in charge of No More Deaths ever informed them that their conduct could be prosecuted as a criminal offense nor did any of the Defendants make any independent inquiry into the legality or consequences of their activities.”

      Another volunteer with No More Deaths, Catherine Gaffney, slammed Velasco’s ruling in a statement to The Arizona Republic.

      “This verdict challenges not only No More Deaths volunteers, but people of conscience throughout the country,” Gaffney said.

      “If giving water to someone dying of thirst is illegal, what humanity is left in the law of this country?” she continued.

      According to The Associated Press, the ruling marks the first conviction brought against humanitarian aid volunteers in 10 years.


      https://thehill.com/blogs/blog-briefing-room/news/426185-four-women-found-guilty-after-leaving-food-and-water-for
      #délit_de_solidarité #solidarité
      signalé par @fil

    • Arizona: Four women convicted after leaving food and water in desert for migrants

      Federal judge finds activists guilty of entering a national wildlife refuge without a permit to give aid to migrants


      A federal judge has found four women guilty of entering a national wildlife refuge without a permit as they sought to place food and water in the Arizona desert for migrants.

      US magistrate Judge Bernardo Velasco’s ruling on Friday marked the first conviction against humanitarian aid volunteers in a decade.

      The four found guilty of misdemeanours in the recent case were volunteers for No More Deaths, which said in a statement the group had been providing life-saving aid to migrants.

      The volunteers include Natalie Hoffman, Oona Holcomb, Madeline Huse and Zaachila Orozco-McCormick.

      Hoffman was found guilty of operating a vehicle inside Cabeza Prieta national wildlife refuge, entering the federally protected area without a permit, and leaving water jugs and cans of beans there in August 2017.

      The others were found guilty of entering without a permit and leaving behind personal property.

      https://www.theguardian.com/us-news/2019/jan/19/arizona-four-women-convicted-after-leaving-food-and-water-in-desert-for

    • Convicted for leaving water for migrants in the desert: This is Trump’s justice

      A FEW weeks ago, federal prosecutors in Arizona secured a conviction against four humanitarian aid workers who left water in the desert for migrants who might otherwise die of heat exposure and thirst. Separately, they dropped manslaughter charges against a U.S. Border Patrol agent who fired 16 times across the border, killing a teenage Mexican boy. The aid workers face a fine and up to six months in jail. The Border Patrol officer faces no further legal consequences.

      That is a snapshot of twisted frontier justice in the age of Trump. Save a migrant’s life, and you risk becoming a political prisoner. Kill a Mexican teenager, and you walk free.

      The four aid workers, all women, were volunteers in service to an organization, No More Deaths, whose religious views inform its mission to prevent undocumented migrants from dying during their perilous northward trek. They drove into the Cabeza Prieta National Wildlife Refuge, about 100 miles southwest of Phoenix, to leave water jugs along with some canned beans.

      The women — Natalie Hoffman, Oona Holcomb, Madeline Huse and Zaachila Orozco-McCormick — made no effort to conceal their work. Confronted by a U.S. Fish and Wildlife Service officer, they said they believed everyone deserved access to basic survival needs. One of them, Ms. Orozco-McCormick, compared the wildlife refuge to a graveyard, such is the ubiquity of human remains there.

      Since the turn of the century, more than 2,100 undocumented migrants have died in that sun-scorched region of southern Arizona, according to Humane Borders, a nonprofit group that keeps track of the numbers. Last year, according to the Pima County Medical Examiner’s Office, the remains of 127 dead migrants were recovered there.

      In the past, prosecutors declined to press charges against the volunteers who try to help by leaving water and canned food in the desert. But the four women, arrested in August 2017, were tried for the misdemeanor offenses of entering a refuge without a permit, abandoning personal property and, in the case of Ms. Hoffman, driving in a restricted area. U.S. Magistrate Judge Bernardo Velasco, who presided over the bench trial, said their actions ran afoul of the “national decision to maintain the Reserve in its pristine nature.”

      In fact, prosecutors have broad discretion in deciding whether to press such minor charges — just as they do in more consequential cases such as the manslaughter charge against Lonnie Swartz, the Border Patrol agent who killed 16-year-old José Antonio Elena Rodríguez in October 2012. According to Mr. Swartz, he opened fire on the boy, shooting 16 times in what the agent said was self-defense, through the fence that divides the city of Nogales along the Arizona-Mexico border. He said the boy had been throwing stones at him across the frontier.

      Mr. Swartz was acquitted on second-degree murder charges last spring, but the jury deadlocked on manslaughter charges. In a second trial, last fall, the jury also failed to reach a verdict on manslaughter. Last month, prosecutors declined to seek a third trial.

      While the aid workers seek to avoid prison time, Americans may well wonder about a system in which justice is rendered so perversely.

      https://www.washingtonpost.com/opinions/convicted-for-leaving-water-for-migrants-in-the-desert--this-is-trumps-justice/2019/01/27/9d4b3104-2013-11e9-8b59-0a28f2191131_story.html?noredirect=on

  • Une information qui prouve bien que les Arabes qui n’aiment pas les État-Unis sont bel et bien une brochette de complotistes : Senate report on CIA torture is one step closer to disappearing (#mistakenly)
    https://www.yahoo.com/news/senate-report-on-cia-torture-1429636113023030.html?soc_src=social-sh&soc_trk=

    The CIA inspector general’s office — the spy agency’s internal watchdog — has acknowledged it “mistakenly” destroyed its only copy of a mammoth Senate torture report at the same time lawyers for the Justice Department were assuring a federal judge that copies of the document were being preserved, Yahoo News has learned.

    Although other copies of the report exist, the erasure of the controversial document by the CIA office charged with policing agency conduct has alarmed the U.S. senator who oversaw the torture investigation and reignited a behind-the-scenes battle over whether the full unabridged report should ever be released, according to multiple intelligence community sources familiar with the incident.

    The deletion of the document has been portrayed by agency officials to Senate investigators as an “inadvertent” foul-up by the inspector general. In what one intelligence community source described as a series of errors straight “out of the Keystone Cops,” CIA inspector general officials deleted an uploaded computer file with the report and then accidentally destroyed a disk that also contained the document, filled with thousands of secret files about the CIA’s use of “enhanced” interrogation methods.

    Pour rappel, la semaine dernière, on nous expliquait très bien que croire en Irak à une « American malice rather than incompetence » relevait de la théorie du complot.
    http://seenthis.net/messages/487387

  • Monsanto Handed ’Double Whammy’ by Mexican Courts Over Planting GMOs
    http://ecowatch.com/2015/11/09/monsanto-mexican-court-gmos

    Opponents of genetically modified organisms (GMOs) have claimed victory after Mexico’s Supreme Court blocked last week a move that would allow the cultivation of GMO soy in the Mexican states of Campeche and Yucatan. In a separate appeals court decision, a federal judge upheld a 2013 ruling that barred companies such as Monsanto and DuPont/Pioneer from planting or selling their GMO corn within the country’s borders.

    #non #ogm #mexique

  • U.S. moves to block suit against Iran-focused group
    http://www.politico.com/blogs/under-the-radar/2014/09/us-moves-to-block-suit-against-iranfocused-group-195409.html?hp=r2

    Warning of potential damage to U.S. national security, the Justice Department on Friday asked a federal judge to halt a civil lawsuit against one of the most prominent private organizations fighting Iran’s nuclear program.

    The invocation of the state secrets privilege in Greek shipping magnate Victor Restis’s lawsuit against United Against Nuclear #Iran [#UNANI] is unusual because the U.S. Government is not a party to the litigation, but is insisting that allowing the suit between the private parties to proceed any further will jeopardize American #secrets that must be kept under wraps.

    (...)

    In general, a private group would not be expected to have classified information. However, UANI’s leadership has long been populated by former senior officials of the U.S. Government who would have been privy to such information at one time. The group is currently headed by former Bush State Department official Mark Wallace and former Obama arms control adviser Gary Samore.

    #public #privé