Things That Matter

Supreme Court Won’t Rule On Trump’s Case To Remove Undocumented People From The 2020 Census

Update December 17, 2020

The United States Supreme Court refused to rule on President Donald Trump’s attempt to have undocumented people removed from the 2020 census. The decision is another in a long line of losses for the Trump administration

The Trump administration lost their bid to have undocumented people kicked off the census count.

For months, organizations did everything they could to get everyone counted in the census. The Trump administration launched several attacks on the census to keep undocumented people from filling out their census. The Trump administration attempted to first include a citizenship question on the census and lost that battle because the Constitution has no stipulation on citizenship to participate in the census.

Another tactic by the Trump administration was to get the Supreme Court to allow them to stop the count early. The ongoing pandemic served as a reason by the court to end the count early to the dismay of immigrant activists. Door-to-door counting was stopped in the spring because of Covid-19.

President Trump’s last attempt to alter the census in the Republican Party’s favor was to have the Supreme Court exclude undocumented respondents. However, the Census Bureau said that there was not enough time to find the people and exclude them before the numbers were due to Congress. The administration was handed this loss around the same time that President Trump lost his attempts to overturn President-elect Joe Biden’s victory.

Original: The drama over the 2020 Census just won’t stop. It seems that we’re caught up in a never-ending (though all important) saga over the results from this year’s census count – one that could have a major impact on everything from congressional representation to federal funding.

The Trump Administration, in its conintued assault on the migrant community, has asked the Supreme Court for permission to exclude all undocumented residents from being counted – even though that has never happened in the country’s 244 year history.

During this week’s arguments over the case, the court’s justices all seemed to cast doubt on Trump’s plan but not necessarily for the same reasons. Though some immigration advocated worry that the Supreme Court is still set to grant the outgoing Donald Trump a lame duck victory that could cause major headaches for a President Biden.

The Supreme Court seemed skeptical of Trump’s plan to exclude undocumented immigrants from census.

On Monday, the Supreme Court heard arguments over Trump’s plan to exclude undocumented residents from the census count. But during an audio-only oral argument session that stretched to more than an hour and a half, there appeared to be few, if any, takers on the high court for Trump’s effort to leave all unlawful immigrants out of the critical count.

Even many of the court’s most conservative justices – including those Trump named to the court – seemed highly skeptical of the constitutionality of the president’s move, but they also expressed misgivings about ruling on that issue now when thorny questions about smaller groups of undocumented migrants could be just weeks away.

The court’s conservatives, who hold a 6-3 majority, signaled such a ruling might be premature based on the administration’s admission that it does not yet know how or if it will be able to implement the proposal.

Several of the justices seemed to imply that rushing a decision through would be a major mistake.

Even Trump’s own Census Bureau admitted that it has no idea yet how many people would be excluded or when it will have the answer. The justices appeared to be reluctant to act immediately to block the plan based on that admission alone.

“Career experts at the Census Bureau confirmed with me that they still don’t know even roughly how many illegal aliens they will be able to identify, let alone how their number and geographic concentration may affect apportionment,” said acting Solicitor General Jeffrey Wall, the government’s chief lawyer.

Near the outset of Monday’s session, Chief Justice John Roberts seemed to be urging some delay, despite the fact that the court urgently accelerated arguments in the case at the request of the Trump administration.

“What is the problem with post-apportionment litigation?” Roberts asked. “We don’t know what the secretary is going to do. We don’t know what the president is going to do. We don’t know how many aliens will be excluded. We don’t know what the effect of that will be on apportionment. All these questions would be resolved if we wait until the apportionment takes place.”

Much of the argument session turned on technical procedural questions about whether the suit is premature, since the Census Bureau hasn’t yet provided Trump with its report. Some justices also speculated that the number of foreigners the Census Bureau ultimately identifies as potentially subject to exclusion could wind up being so small that it wouldn’t have much impact on the apportionment of House seats among the states.

“I find the posture of this case quite frustrating,” Justice Samuel Alito said. “It could be we are dealing with a possibility that is quite important. It could be that this is much ado about very little.”

A ruling in Trump’s favor on this case would have serious implications for Democratic-leaning states.

Lawyers for the states that oppose the plan and groups affected by it told the justices that it would shift money and political power away from states with large immigrant populations and that it would violate the Constitution and federal law.

The Constitution requires a census every 10 years, and the results determine how many members of Congress each state gets in the House of Representatives. The data are also used to calculate local governments’ share of $1.5 trillion under many federal programs.

California, Florida and Texas would each lose one seat in the House, and Alabama, Minnesota and Ohio would each keep a seat they would otherwise lose to population shifts, according to an analysis by the Pew Research Center. Other predictions show Arizona losing a seat, too, and Montana gaining one.

The states would lose equal numbers of Electoral College votes, which are based on the size of their House delegations.

Notice any needed corrections? Please email us at corrections@wearemitu.com

Rite Aid Refused To Give Undocumented Residents The COVID-19 Vaccine Even Though They’re Eligible

Things That Matter

Rite Aid Refused To Give Undocumented Residents The COVID-19 Vaccine Even Though They’re Eligible

Mario Tama/Getty Images

As the United States ramps up its vaccination program (with more than two million people getting vaccinated each day), many Americans are eager to get that jab in the arm. But who is eligible varies from state to state and sometimes even county to county.

Despite the different eligibility thresholds in each state (depending on age group or risk factors), there is no immigration requirement whatsoever at the federal, state or local level. However, not all places are following that guideline and some undocumented residents are being incorrectly turned away.

The pharmacy chain Rite Aid is apologizing after two undocumented residents were denied vaccines.

The giant pharmacy chain Rite Aid has apologized to two undocumented immigrants who the company said were “mistakenly” denied COVID-19 vaccinations at Southern California stores. However, since then, the two women have been invited back by Rite Aid to get their vaccinations and the chain has issued an apology.

Rite Aid spokesperson Christopher Savarese described both cases as “isolated” incidents resulting from workers at the stores not following established protocols for vaccine eligibility. The employees will be re-educated on the protocols to make sure everyone is on the same page.

In a statement later sent to ABC News, Rite Aid officials said, “In such an unprecedented rollout, there are going to be mistakes and there will be always areas for providers to improve — we’re seeking out those opportunities every day.”

Savarese added, “This is very important to us that this is corrected. Both of the situations that we’re talking about have been resolved, and both of those people will be getting their vaccine at Rite Aid.”

To clarify, just who is eligible for the vaccine at this moment?

Although vaccine eligibility does vary from state to state, even county to county, there is nothing requiring that someone prove their immigration status to receive a vaccine. Rep. Tony Cárdenas, who represents Los Angeles, told ABC News that the legal immigration status of a person is not supposed to interfere with them getting vaccinated.

“That is not a requirement whatsoever at the federal, state or local level, and that organization (Rite Aid) has been told very clearly that that was wrong, and they immediately apologized for doing so, but it left the woman very distraught,” Cárdenas told KABC of Rager’s employee.

On Feb. 1, the federal Department of Homeland Security issued a statement that the agency and its “federal government partners fully support equal access to the COVID-19 vaccines and vaccine distribution sites for undocumented immigrants.”

“It is a moral and public health imperative to ensure that all individuals residing in the United States have access to the vaccine. DHS encourages all individuals, regardless of immigration status, to receive the COVID-19 vaccine once eligible under local distribution guidelines,” the DHS statement reads.

However, the confusion over whether undocumented immigrants qualify to receive vaccine has continued to occur not only in Southern California, but elsewhere in the country. The University of Texas Rio Grande Valley issued an apology to at least 14 people who were rejected Feb. 20 at its vaccination site because they could not provide proof of U.S. residency.

Notice any needed corrections? Please email us at corrections@wearemitu.com

Worried If TikTok Will Still Be Banned In The US? The Biden Administration Just Made Some Announcements

Things That Matter

Worried If TikTok Will Still Be Banned In The US? The Biden Administration Just Made Some Announcements

Justin Sullivan / Getty Images

Since his inauguration last month, Joe Biden has reversed many of Donald Trump’s nightmarish policies established over the last four years. In the first 24 hours alone, he rejoined the Paris Climate Agreement, reinstated protections for LGBTQ+ people, ended a travel ban on majority-Muslim countries, and retracted the country’s withdrawal from the World Health Organization.

Now, the Biden administration has also announced its intentions with the proposed TikTok ban, as it assesses whether the short-form video app really poses a national security threat.

The Biden administration has halted the proposed ban on TikTok.

According to the BBC, the suspension means that both TikTok and the messaging app WeChat, two Chinese-owned apps implicated in the ban, can continue to operate in the US while government staff familiarize themselves with the case.

Trump had claimed that TikTok presents privacy and security concerns, echoing hacktivist collective Anonymous’s allegations that the app is: “essentially malware operated by the Chinese government running a massive spying operation.”

The suspension signals that US-based TikTokers won’t have to worry about the platform being banned anytime soon – roll on more sea shanty success stories and viral style challenges.

Originally Published July 30, 2020: President Donald Trump is renewing his attempt to ban TikTok from the U.S. There has been more scrutiny on TikTok as more people delete the app from their phone over security and privacy concerns. Yet, Microsoft is now interested in buying the social media platform.

President Donald Trump is reportedly getting ready to tell Chinese-owned ByteDance to sell their U.S. stakes in TikTok

While President Trump continues his attempts to get rid of TikTok, Microsoft is swooping in to save the social media platform by acquiring it now. It is unclear how far the talks are between Microsoft and TikTok but it would protect the app from being banned in the U.S. ByteDance the company that owns TikTok is valued at $100 billion.

Original: With millions of teens and young adults – a demographic I think I still fit – under lockdown orders thanks to the Coronavirus pandemic, millions of Americans turned to TikTok.

The fun, 15-second video app has been downloaded more than 200 million times in the U.S. since the beginning of the pandemic, with users sharing everything from dance and recipe videos to starting now-viral trends. The app is loved by its users and they’re proving they’ll stand by it when it comes under threat. Which is exactly what they’re doing now as the Trump administration has announced a potential ban on TikTok.

According to some officials, Trump is looking to ban TikTok.

https://twitter.com/taylorlorenz/status/1281680094218592259?s=21

According to senior administration officials – and Trump himself – the TikTok app is a threat to U.S. national security and at risk of being banned in the country. Some are suggesting it’s a way for Trump to retaliate against China over its handling of the Coronavirus, others suggest it’s Trump retaliating against ‘TikTokivists’ who helped make his Tulsa rally a total disaster. Either way, news of a possible ban on TikTok has sent its users into overdrive.

Trump’s comments came after Secretary of State Michael Pompeo told Americans not to download the app unless they want to see their private information fall into “the hands of the Chinese Communist Party.”

Trump didn’t offer specifics about a potential decision and Pompeo seemed to walk back the idea of a ban in a later statement, saying that the U.S. efforts to protect American consumers’ data don’t relate to any one particular company.

TikTok, an app known for quirky short videos, is facing political heat because of its ties to China.

Credit: Getty Stock Images

TikTok has in fact come under increased scrutiny in recent months – not just in the U.S. – for it’s ties to China. TikTok is owned by a Chinese company and many countries around the world are worried about that connection. Citing national security concerns, India banned TikTok last week. The US Army and Navy have banned service members from downloading the app to government-issued phones. Even Amazon has raised concerns. On Friday, the huge online retailer barred employees from using the app on devices that connect to the company’s email, citing “security risks.”

TikTok has tried responding to the issue. In an interview with CNBC, a TikTok spokesperson said, “TikTok is led by an American CEO, with hundreds of employees and key leaders across safety, security, product, and public policy here in the U.S. We have no higher priority than promoting a safe and secure app experience for our users. We have never provided user data to the Chinese government, nor would we do so if asked.”

The company has also made it clear that all data from American citizens is stored outside of China, on servers based in the United States. The company claims that its data centers are located entirely outside of China, and that none of their users’ data is subject to Chinese law.

Meanwhile, many TikTok users say they care less about potential Chinese snooping and more about Trump taking away their digital hangout. In the U.S., TikTok has been downloaded more than 165 million times, according to Sensor Tower.

“I don’t believe Trump is trying to take TikTok away because of national security, but more to retaliate against activism on the app and all the videos about him that drag him through the mud,” said Darius Jackson, an 18-year-old TikTok user, in a statement to CNBC.

“This is the first year I’ll be able to vote and I think activism on TikTok is going to make a big difference,” Jackson said.

Many view the move as retaliation for Trump’s failed Tulsa rally.

Credit: Mark Short / Getty Images

It’s hard to forget the epic fail that was Trump’s Tulsa rally. His planned ‘relaunch’ of his 2020 campaign after being forced to suspend his massive rallies because of Coronavirus.

Leading up to the event, Trump had touted record-shattering interest and ticket sales for the rally. He went so far as to say that millions of Americans had RSVP’d for it – and he wasn’t actually lying this time. However, there was one minor problem – hundreds of thousands of tickets were actually reserved in a massive campaign by Korean pop stans and TikTok users.

Thanks to a TikTok campaign, Trump’s ‘massive’ rally was an utter disaster attended by only a few thousand people. Many suggest that this campaign cold be why Trump is looking to target TikTok with some sort of ban.

Since the announcement, ‘TikTok Teens’ have launched a full-fledged assault against the Trump administration.

One of the pettiest (ie. best) moves the collection of ‘TikTokivists’ has made so far, is that tens of thousands flooded the Apple App Store and left scathing reviews of the Trump 2020 Campaign app. On Wednesday alone 700 negative reviews were left on the Official Trump 2020 app and 26 positive ones, according to tracking firm Sensor Tower.

“For Gen Z and Millennials, TikTok is our clubhouse and Trump threatened it,” said Yori Blacc, a 19-year-old TikTok user in California who joined in the app protest. “If you’re going to mess with us, we will mess with you.”

The efforts to push the app low enough so that Apple will remove it from the app store may be misguided. Apple doesn’t delete apps based on their popularity. The App Store may review those that violate its guidelines or are outdated, but not if their ratings sink. A similar tactic was tried in April to protest Google Classroom by kids frustrated with quarantine home-schooling.

But can the U.S. government actually ban an app?

According to most legal experts, the answer is no. Sure, the administration could attempt to but thanks to the U.S. legal system, a total ban wouldn’t last. Administrations have limited authority to ban outright any specific piece of software, like an app. But it could potentially lobby Congress to enact legislation that targets TikTok.

Notice any needed corrections? Please email us at corrections@wearemitu.com