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And I think we have a judicial branch that will make sure that the Constitution is enforced on that.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Trump\u003ca href=\"https://www.nbcnews.com/politics/donald-trump/trump-will-likely-pardon-capitol-rioters-day-1-says-jan-6-committee-me-rcna183275\"> made the comments to NBC’s \u003cem>Meet the Press\u003c/em>\u003c/a> on Sunday. “Honestly, they should go to jail,” he said of the committee members, though he added that he would not direct the Department of Justice to prosecute them.\u003c/p>\n\u003cp>The president-elect also said he would consider pardoning the more than 1,500 defendants charged in the Jan. 6 attacks on his first day in office.\u003c/p>\n\u003cp>Lofgren said she’s disappointed that Trump plans to “reward criminals.”\u003c/p>\n\u003cp>“These were individuals who viciously assaulted police officers, maimed them in a violent attack. So I was not surprised by Trump’s comments, but certainly disappointed by his efforts to reward criminals and to try and criminalize non-criminal activity on the part of Congress,” she said.\u003c/p>\n\u003cp>[aside postID=news_12016294 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/NewsomCellphonesSchools-1020x680.jpg']\u003c/p>\n\u003cp>Lofgren added that she encourages Americans to \u003ca href=\"https://www.govinfo.gov/collection/january-6th-committee-final-report?path=/GPO/January%206th%20Committee%20Final%20Report%20and%20Supporting%20Materials%20Collection\">read the committee’s full report\u003c/a> or “go to the Department of Justice’s website and read the case files of the violent crimes committed by the rioters that Trump now says he plans to pardon.”\u003c/p>\n\u003cp>But she said she has not sought a pardon from Biden.\u003c/p>\n\u003cp>\u003cstrong>“\u003c/strong>That’s up to the president if he thinks it’s appropriate and he can do it,” she said. “We did nothing wrong. Matter of fact, we did a lot that was right. But if he thinks it’s important to prevent harassment, then he can use his good judgment. I will say I’m not seeking it.”\u003c/p>\n\u003cp>Lofgren said the Constitution already provides members of Congress “much broader protection than any pardon,” both civilly and criminally, but that it may be worth considering preemptive pardons for people who are not elected officials.\u003c/p>\n\u003cp>“Certainly, there are individuals who don’t have the protection of the speech or debate clause that will obviously, if we’re to believe what Trump and his nominees say, are going to be harassed and should not be,” she said.\u003c/p>\n\u003cp>Last week, on the eve of being sworn in as California’s newest U.S. senator, \u003ca href=\"https://www.kqed.org/news/12016449/bidens-pardon-has-deeply-disappointed-californias-next-senator-adam-schiff\">Adam Schiff\u003c/a> — another member of the Jan. 6 committee — told KQED he opposes preemptive pardons, even if he believes Trump will “abuse his authority” or try to.\u003c/p>\n\u003cp>“But I just don’t like the precedent of it,” he said. “I didn’t like it when Trump talked about doing that on his way out. And I don’t favor President Biden doing it either.”\u003c/p>\n\u003cp>Lofgren said she doesn’t know Pam Bondi, the former Florida attorney general Trump has named as his pick for attorney general. But she called his pick to head the FBI, \u003ca href=\"https://www.kqed.org/forum/2010101908102/trumps-picks-for-fbi-chief-and-national-intelligence-director-face-challenges\">Kash Patel\u003c/a>, “completely unqualified.”\u003c/p>\n\u003cp>“The intemperate comments that he’s made indicate his lack of balance and his lack of adherence to the rule of law,” she said.\u003c/p>\n\u003cp>Yet Lofgren, who is the ranking Democratic member on the House Science, Space and Technology Committee, said she does hope to work across the aisle in that committee and other areas. 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"title": "California's Most Contested AI Bill Is Up for a Vote",
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"content": "\u003cp>Remember when, in March of 2023, more than a thousand technology leaders and researchers warned that generative AI could pose “profound risks to society and humanity”? Two months later, some of the industry’s biggest backers promised international leaders they’d be game to build necessary safeguards. A similar pledge was made last month at the White House.\u003c/p>\n\u003cp>Now, some prominent figures in the AI industry, including many who have raised safety concerns, are dismissing those worries as science fiction as they pitch an open battle against \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1047\">SB 1047\u003c/a>, a bill that would mandate safety testing for developers of the largest AI models. That measure is on the state Assembly floor for a vote after passing through the Assembly Appropriations Committee along party lines.\u003c/p>\n\u003cp>Proponents of AI have warned that SB 1047 could stifle the growth of the technology in California. And they’ve rallied three Silicon Valley Congress members — Rep. Zoe Lofgren, Rep. Ro Khanna and Speaker Emerita Nancy Pelosi — to aid their efforts to kill the bill.\u003c/p>\n\u003cp>“The view of many of us in Congress is that SB 1047 is well-intentioned but ill informed,” Pelosi wrote in an \u003ca href=\"https://pelosi.house.gov/news/press-releases/pelosi-statement-opposition-california-senate-bill-1047\">open letter\u003c/a> published last week.\u003c/p>\n\u003cp>“We’re simply requiring these labs to perform the safety testing that they have repeatedly and publicly committed to perform,” said state Sen. Scott Wiener (D-San Francisco), who\u003ca href=\"https://www.kqed.org/news/11976097/california-lawmakers-take-on-ai-regulation-with-a-host-of-bills\"> introduced\u003c/a> the bill and is expected to run to fill Pelosi’s seat once she retires, possibly against her daughter Christine Pelosi.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Wiener said he amended the measure to reflect counsel from leaders in the AI space, including safety groups, academics, startups and developers like Amazon-backed Anthropic. A key amendment is that the bill no longer allows California’s attorney general to sue AI companies for negligent safety practices before a catastrophic event has occurred. Also, the original text, which would have established a division within the California Department of Technology “to ensure continuous oversight and enforcement,” is gone.\u003c/p>\n\u003cp>Wiener, who heads the Senate Budget Committee, told KQED the changes were made in large part to improve the bill’s chances with lawmakers and Gov. Gavin Newsom, given that California is facing a\u003ca href=\"https://www.kqed.org/news/11985932/newsoms-solution-to-a-45-billion-budget-deficit\"> massive budget deficit\u003c/a>.\u003c/p>\n\u003cp>But, he added, “I’m not interested in passing a symbolic bill. I would not agree to amendments that would make it weak.”\u003c/p>\n\u003cp>Last month, Anthropic warned in an open letter addressed to Wiener that it could not support the bill unless it was amended to “respect the evolving nature of risk reduction practices while minimizing rigid, ambiguous, or burdensome rules.” Anthropic is the first major generative AI developer to publicly signal a willingness to work with Wiener on SB 1047.[aside label=\"Related Stories\" tag=\"ai\"]\u003c/p>\n\u003cp>Microsoft told KQED it has not taken a position on the bill. Robyn Hines, senior director of state government affairs, wrote that the company would prefer federal legislation but “will continue to work with Senator Wiener and others on legislation that will help harness AI’s full potential and advance sensible safety and security protections.”\u003c/p>\n\u003cp>In recent months, Wiener’s measure has received public criticism from respected industry voices like Andrew Ng, the Stanford professor and former Google executive who detailed his concerns in a\u003ca href=\"https://www.deeplearning.ai/the-batch/issue-252/\"> post\u003c/a> viewed by more than 1 million people\u003ca href=\"https://x.com/andrewyng/status/1798753608974139779?s=61\"> on X\u003c/a>, the social media app formerly known as Twitter.\u003c/p>\n\u003cp>“I’m glad that we’re exploring paths to the make the bill less bad because a bad bill is better than a very bad bill, but I feel that fundamentally, by regulating hypothetical risks of the technology rather than concrete risks of actual applications, I don’t think this bill will make AI safer,” Ng told KQED.\u003c/p>\n\u003cp>SB 1047 would only affect companies building the next generation of AI systems that cost more than $100 million to train. However, critics like Ng, who is the managing general partner of AI Funds, argue the mere threat of legal action from the state attorney general will discourage big tech companies from sharing open-source software with smaller ones.\u003c/p>\n\u003cp>“Here in Silicon Valley, do we want startups spending money to write code and build products for people? Or do we want those startups hiring lawyers and hiring auditors and hiring consultants to clarify legal ambiguity to guard against purely hypothetical risks?” Ng said.\u003c/p>\n\u003cp>There is a substantial faction of the AI community, though, that is concerned about hypothetical risks. In an\u003ca href=\"https://safesecureai.org/experts\"> open letter\u003c/a>, four prominent tech policy thinkers praised SB 1047. “Relative to the scale of risks we are facing, this is a remarkably light-touch piece of legislation,” they wrote.[aside label=\"Technology Coverage\" tag=\"technology\"]\u003c/p>\n\u003cp>“We have a lot of really eminent scientists who are worried and are taking these risks seriously,” said Nathan Calvin, senior policy counsel at the Center for AI Safety Action Fund, the lobbying arm of the Center for AI Safety, which is one of SB 1047’s co-sponsors.\u003c/p>\n\u003cp>People don’t need to believe the “AI-terminator-wakes-up-and-kills-everyone scenarios are plausible in order to support this bill,” Calvin said, adding that generative AI is capable of relatively banal catastrophic impacts, like enabling hackers and foreign states to take down critical infrastructure or designing and deploying bio-weapons.\u003c/p>\n\u003cp>Supporters of Wiener’s bill say opponents are asking Californians to trust Silicon Valley to self-regulate despite a demonstrated history of failing to do so, especially in regard to \u003ca href=\"https://www.kqed.org/news/11844163/proposition-24-californians-say-yes-to-expanding-on-nations-toughest-data-privacy-law\" target=\"_blank\" rel=\"noopener\">data privacy\u003c/a> and monitoring hate speech on \u003ca href=\"https://www.kqed.org/news/11702239/why-its-so-hard-to-scrub-hate-speech-off-social-media\" target=\"_blank\" rel=\"noopener\">social media\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Innovation and safety are not mutually exclusive,” Wiener said. “We can do both, and the public wants us to do both. The public wants the benefits of AI and wants to reduce the risks of AI, and that is exactly what SB 1047 does.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Remember when, in March of 2023, more than a thousand technology leaders and researchers warned that generative AI could pose “profound risks to society and humanity”? Two months later, some of the industry’s biggest backers promised international leaders they’d be game to build necessary safeguards. A similar pledge was made last month at the White House.\u003c/p>\n\u003cp>Now, some prominent figures in the AI industry, including many who have raised safety concerns, are dismissing those worries as science fiction as they pitch an open battle against \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1047\">SB 1047\u003c/a>, a bill that would mandate safety testing for developers of the largest AI models. That measure is on the state Assembly floor for a vote after passing through the Assembly Appropriations Committee along party lines.\u003c/p>\n\u003cp>Proponents of AI have warned that SB 1047 could stifle the growth of the technology in California. And they’ve rallied three Silicon Valley Congress members — Rep. Zoe Lofgren, Rep. Ro Khanna and Speaker Emerita Nancy Pelosi — to aid their efforts to kill the bill.\u003c/p>\n\u003cp>“The view of many of us in Congress is that SB 1047 is well-intentioned but ill informed,” Pelosi wrote in an \u003ca href=\"https://pelosi.house.gov/news/press-releases/pelosi-statement-opposition-california-senate-bill-1047\">open letter\u003c/a> published last week.\u003c/p>\n\u003cp>“We’re simply requiring these labs to perform the safety testing that they have repeatedly and publicly committed to perform,” said state Sen. Scott Wiener (D-San Francisco), who\u003ca href=\"https://www.kqed.org/news/11976097/california-lawmakers-take-on-ai-regulation-with-a-host-of-bills\"> introduced\u003c/a> the bill and is expected to run to fill Pelosi’s seat once she retires, possibly against her daughter Christine Pelosi.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Wiener said he amended the measure to reflect counsel from leaders in the AI space, including safety groups, academics, startups and developers like Amazon-backed Anthropic. A key amendment is that the bill no longer allows California’s attorney general to sue AI companies for negligent safety practices before a catastrophic event has occurred. Also, the original text, which would have established a division within the California Department of Technology “to ensure continuous oversight and enforcement,” is gone.\u003c/p>\n\u003cp>Wiener, who heads the Senate Budget Committee, told KQED the changes were made in large part to improve the bill’s chances with lawmakers and Gov. Gavin Newsom, given that California is facing a\u003ca href=\"https://www.kqed.org/news/11985932/newsoms-solution-to-a-45-billion-budget-deficit\"> massive budget deficit\u003c/a>.\u003c/p>\n\u003cp>But, he added, “I’m not interested in passing a symbolic bill. I would not agree to amendments that would make it weak.”\u003c/p>\n\u003cp>Last month, Anthropic warned in an open letter addressed to Wiener that it could not support the bill unless it was amended to “respect the evolving nature of risk reduction practices while minimizing rigid, ambiguous, or burdensome rules.” Anthropic is the first major generative AI developer to publicly signal a willingness to work with Wiener on SB 1047.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Microsoft told KQED it has not taken a position on the bill. Robyn Hines, senior director of state government affairs, wrote that the company would prefer federal legislation but “will continue to work with Senator Wiener and others on legislation that will help harness AI’s full potential and advance sensible safety and security protections.”\u003c/p>\n\u003cp>In recent months, Wiener’s measure has received public criticism from respected industry voices like Andrew Ng, the Stanford professor and former Google executive who detailed his concerns in a\u003ca href=\"https://www.deeplearning.ai/the-batch/issue-252/\"> post\u003c/a> viewed by more than 1 million people\u003ca href=\"https://x.com/andrewyng/status/1798753608974139779?s=61\"> on X\u003c/a>, the social media app formerly known as Twitter.\u003c/p>\n\u003cp>“I’m glad that we’re exploring paths to the make the bill less bad because a bad bill is better than a very bad bill, but I feel that fundamentally, by regulating hypothetical risks of the technology rather than concrete risks of actual applications, I don’t think this bill will make AI safer,” Ng told KQED.\u003c/p>\n\u003cp>SB 1047 would only affect companies building the next generation of AI systems that cost more than $100 million to train. However, critics like Ng, who is the managing general partner of AI Funds, argue the mere threat of legal action from the state attorney general will discourage big tech companies from sharing open-source software with smaller ones.\u003c/p>\n\u003cp>“Here in Silicon Valley, do we want startups spending money to write code and build products for people? Or do we want those startups hiring lawyers and hiring auditors and hiring consultants to clarify legal ambiguity to guard against purely hypothetical risks?” Ng said.\u003c/p>\n\u003cp>There is a substantial faction of the AI community, though, that is concerned about hypothetical risks. In an\u003ca href=\"https://safesecureai.org/experts\"> open letter\u003c/a>, four prominent tech policy thinkers praised SB 1047. “Relative to the scale of risks we are facing, this is a remarkably light-touch piece of legislation,” they wrote.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We have a lot of really eminent scientists who are worried and are taking these risks seriously,” said Nathan Calvin, senior policy counsel at the Center for AI Safety Action Fund, the lobbying arm of the Center for AI Safety, which is one of SB 1047’s co-sponsors.\u003c/p>\n\u003cp>People don’t need to believe the “AI-terminator-wakes-up-and-kills-everyone scenarios are plausible in order to support this bill,” Calvin said, adding that generative AI is capable of relatively banal catastrophic impacts, like enabling hackers and foreign states to take down critical infrastructure or designing and deploying bio-weapons.\u003c/p>\n\u003cp>Supporters of Wiener’s bill say opponents are asking Californians to trust Silicon Valley to self-regulate despite a demonstrated history of failing to do so, especially in regard to \u003ca href=\"https://www.kqed.org/news/11844163/proposition-24-californians-say-yes-to-expanding-on-nations-toughest-data-privacy-law\" target=\"_blank\" rel=\"noopener\">data privacy\u003c/a> and monitoring hate speech on \u003ca href=\"https://www.kqed.org/news/11702239/why-its-so-hard-to-scrub-hate-speech-off-social-media\" target=\"_blank\" rel=\"noopener\">social media\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Innovation and safety are not mutually exclusive,” Wiener said. “We can do both, and the public wants us to do both. The public wants the benefits of AI and wants to reduce the risks of AI, and that is exactly what SB 1047 does.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "wow-south-bay-rep-zoe-lofgren-on-hutchinsons-testimony-about-jan-6-capitol-attack",
"title": "'Wow': South Bay Rep. Zoe Lofgren on Cassidy Hutchinson's Account of Jan. 6 Capitol Attack",
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"headTitle": "‘Wow’: South Bay Rep. Zoe Lofgren on Cassidy Hutchinson’s Account of Jan. 6 Capitol Attack | KQED",
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"content": "\u003cp>The U.S. House committee investigating the Jan. 6, 2021, assault on the Capitol held a surprise hearing Tuesday featuring testimony from former White House staffer Cassidy Hutchinson, who detailed damning revelations about former President Donald Trump’s actions on the day of the attack.\u003c/p>\n\u003cp>Hutchinson, who served as an aide to former White House Chief of Staff Mark Meadows, described an angry, defiant president who rebuffed warnings from his own security detail and tried to let armed protesters avoid security screenings during a rally that morning protesting the outcome of the 2020 presidential election. And when the events that day spiraled toward violence, with the crowd chanting “Hang Mike Pence,” Trump declined to intervene, Hutchinson testified.\u003c/p>\n\u003cp>Trump “doesn’t think they’re doing anything wrong,” Hutchinson recalled Meadows saying at the time.\u003c/p>\n\u003cp>Hutchinson’s explosive, moment-by-moment account of what was happening inside and outside the White House offered a vivid description of a Republican president so unwilling to concede his 2020 election defeat to Democrat Joe Biden that he lashed out in rage and refused to stop the siege at the Capitol. It painted a damning portrait of the chaos at the White House as those around the defeated president splintered into factions, one supporting his false claims of voter fraud and another trying unsuccessfully to prevent the violent attack.\u003c/p>\n\u003cp>At one point on Jan. 6, Hutchinson recalled, former White House counsel Pat Cipollone barreled down the hallway and confronted Meadows about rioters breaching the Capitol. Meadows, staring at his phone, told the White House lawyer that Trump didn’t want to do anything, she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Earlier, Cipollone had worried out loud that “we’re going to get charged with every crime imaginable” if Trump was to go to the Capitol after his speech at the rally, Hutchinson said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"january-6\"]\u003c/p>\n\u003cp>Hutchinson also said Trump directed his staff, in profane terms, to take away the metal-detecting magnetometers that he thought would slow down supporters who were gathering for his speech on the Ellipse, behind the White House. In a clip of an earlier interview with the committee, she recalled the president saying words to the effect of: “I don’t f-in’ care that they have weapons.”\u003c/p>\n\u003cp>San José Rep. Zoe Lofgren, one of the committee members, spoke with KQED’s Natalia Navarro about her reaction to Hutchinson’s explosive testimony and what the public can expect in future hearings.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>NATALIA NAVARRO: Why did the committee call this hearing?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>REP. ZOE LOFGREN:\u003c/strong> Ms. Hutchinson had some new information that we felt needed to get out. Obviously, we know from other instances that there is a lot of pressure that is placed on people. And we wanted to make sure that the story that she had to tell was able to be released.\u003c/p>\n\u003cp>\u003cstrong>When did you know that Hutchinson would testify?\u003c/strong>\u003c/p>\n\u003cp>We were not positive until really late last week. I think it’s been widely reported that she sat for four interviews. Her lawyer for the first three was paid for by the Trump PAC, and when she switched lawyers, I think the testimony became ever more expansive. And it was at that point that we were able to arrange a live testimony.\u003c/p>\n\u003cp>\u003cstrong>What was your overall reaction to what she had to say yesterday?\u003c/strong>\u003c/p>\n\u003cp>I admire her courage. She seemed very candid and courageous. Obviously, she was in a key position in the White House, steps away from the Oval Office. She’s a young person but had a very responsible job, and she was in a position to see and hear quite a bit, and she’s willing to talk about it.\u003c/p>\n\u003cp>Obviously, not everything that she has told us has been reported out. There is more that will be included in upcoming hearings. Honestly, her testimony about [how] the president was told that they had discovered that people in the crowd had weapons, including AR-15s and Glocks and assault weapons, that they didn’t want to go through the magnetometers because they didn’t want their weapons taken away, that she overheard directly that he was ordering people to take the “f-ing mags away.” He didn’t care that they were armed because he didn’t think they were going to hurt him, and the telling point was that those armed people could then walk to the Capitol from the Ellipse. Wow.\u003c/p>\n\u003cp>\u003cstrong>Do you plan to present evidence that members of Trump’s inner circle met with hate groups, including the Proud Boys, Oath Keepers, other rally organizers, and knew or even helped coordinate their plan of attack?\u003c/strong>\u003c/p>\n\u003cp>I’m going to leave that for future hearings. But as the chairman has said publicly, there certainly were connections between these extremist groups and the president’s inner circle.\u003c/p>\n\u003cp>\u003cstrong>What role did Roger Stone play in all of this?\u003c/strong>\u003c/p>\n\u003cp>Again, we’re going to leave that to a future hearing. As you know, he refused to testify before the committee. He took the Fifth Amendment repeatedly, but it was pretty clear that he played an important role in putting together the plot.\u003c/p>\n\u003cfigure id=\"attachment_11918441\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11918441\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-800x533.jpg\" alt=\"A wide shot of the committee hearing facing all of the committee members\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A text from Fox News host Sean Hannity to former White House Press Secretary Kayleigh McEnany is displayed as Cassidy Hutchinson, a former top aide to Trump White House Chief of Staff Mark Meadows, testifies during the sixth hearing held by the Select Committee to Investigate the January 6th Attack on the US Capitol, on June 28, 2022, in the Cannon House Office Building in Washington, DC. \u003ccite>(Shawn Thew-Pool/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Who else would you like to hear from in future hearings?\u003c/strong>\u003c/p>\n\u003cp>I’d like to hear from Pat Cipollone, the White House counsel. He came in for an informal interview. But I think especially given Hutchinson’s testimony yesterday, I think he owes it to us to come in and speak to the committee. I know from what our investigators have said, he’s acutely attentive to the role of the White House counsel moving forward. On the other hand, historically, there have been times when the White House counsel had to come forward and talk about misconduct in the White House. Although he’s relying on executive privilege, not attorney-client privilege, to the best of my knowledge there is an exception to the attorney-client privilege, and that is activity that is in furtherance of a crime or in furtherance of fraud.\u003c/p>\n\u003cp>\u003cstrong>Do you think it’s likely the committee will get Cipollone to testify?\u003c/strong>\u003c/p>\n\u003cp>I can’t say. And we were certainly asking him to do that. And based on the testimony of Ms. Hutchinson yesterday, I would hope that he is thinking about it.\u003c/p>\n\u003cp>\u003cstrong>The last time you spoke with KQED, you said it wasn’t the committee’s job to prosecute or to bring charges, and that was purely the role of the attorney general. Has any of the new information we got yesterday changed your opinion in any way?\u003c/strong>\u003c/p>\n\u003cp>Structurally, that’s just a fact. The legislative committees don’t have the legal authority to prosecute and no amount of evidence changes that structural fact. It’s part of the constitutional order. Whether we think criminal offenses have been committed, we might have a view. And we’ve yet to discuss whether we will share that opinion with the Department of Justice. We may or we may not. But in the end, under our system of laws, the Congress is not a prosecutor. The Congress is a legislative body.\u003c/p>\n\u003cp>\u003cstrong>What was new to you in yesterday’s hearing?\u003c/strong>\u003c/p>\n\u003cp>It wasn’t new because I’d read the transcripts and knew of the information. But what was new, I think, to the public was Mr. Meadows’ knowledge of the violence and his passivity, his willingness to go along with the situation that was leading to more and greater threats. The president’s direct knowledge of the violent nature of some in the crowd and his interest in sending them down to the Capitol anyhow — that’s pretty profound.\u003c/p>\n\u003cp>\u003cstrong>What’s next for the committee?\u003c/strong>\u003c/p>\n\u003cp>We will be having other hearings that will cover the topics that have not yet been covered. And honestly, new information is flowing in, I think, in response to these hearings. And so we’re scrambling to sort through information to see whether it’s relevant or not. But we will have additional hearings and lay out all the facts that we’re able to find. And ultimately, we will have recommendations on potential changes to law that might make the nation more secure.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n",
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"excerpt": "San José Democratic Rep. Zoe Lofgren, a member of the US House committee investigating the Jan. 6 insurrection, spoke with KQED's Natalia Navarro shortly after hearing the explosive testimony of former White House aide Cassidy Hutchinson.",
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"title": "'Wow': South Bay Rep. Zoe Lofgren on Cassidy Hutchinson's Account of Jan. 6 Capitol Attack | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. House committee investigating the Jan. 6, 2021, assault on the Capitol held a surprise hearing Tuesday featuring testimony from former White House staffer Cassidy Hutchinson, who detailed damning revelations about former President Donald Trump’s actions on the day of the attack.\u003c/p>\n\u003cp>Hutchinson, who served as an aide to former White House Chief of Staff Mark Meadows, described an angry, defiant president who rebuffed warnings from his own security detail and tried to let armed protesters avoid security screenings during a rally that morning protesting the outcome of the 2020 presidential election. And when the events that day spiraled toward violence, with the crowd chanting “Hang Mike Pence,” Trump declined to intervene, Hutchinson testified.\u003c/p>\n\u003cp>Trump “doesn’t think they’re doing anything wrong,” Hutchinson recalled Meadows saying at the time.\u003c/p>\n\u003cp>Hutchinson’s explosive, moment-by-moment account of what was happening inside and outside the White House offered a vivid description of a Republican president so unwilling to concede his 2020 election defeat to Democrat Joe Biden that he lashed out in rage and refused to stop the siege at the Capitol. It painted a damning portrait of the chaos at the White House as those around the defeated president splintered into factions, one supporting his false claims of voter fraud and another trying unsuccessfully to prevent the violent attack.\u003c/p>\n\u003cp>At one point on Jan. 6, Hutchinson recalled, former White House counsel Pat Cipollone barreled down the hallway and confronted Meadows about rioters breaching the Capitol. Meadows, staring at his phone, told the White House lawyer that Trump didn’t want to do anything, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Earlier, Cipollone had worried out loud that “we’re going to get charged with every crime imaginable” if Trump was to go to the Capitol after his speech at the rally, Hutchinson said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hutchinson also said Trump directed his staff, in profane terms, to take away the metal-detecting magnetometers that he thought would slow down supporters who were gathering for his speech on the Ellipse, behind the White House. In a clip of an earlier interview with the committee, she recalled the president saying words to the effect of: “I don’t f-in’ care that they have weapons.”\u003c/p>\n\u003cp>San José Rep. Zoe Lofgren, one of the committee members, spoke with KQED’s Natalia Navarro about her reaction to Hutchinson’s explosive testimony and what the public can expect in future hearings.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>NATALIA NAVARRO: Why did the committee call this hearing?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>REP. ZOE LOFGREN:\u003c/strong> Ms. Hutchinson had some new information that we felt needed to get out. Obviously, we know from other instances that there is a lot of pressure that is placed on people. And we wanted to make sure that the story that she had to tell was able to be released.\u003c/p>\n\u003cp>\u003cstrong>When did you know that Hutchinson would testify?\u003c/strong>\u003c/p>\n\u003cp>We were not positive until really late last week. I think it’s been widely reported that she sat for four interviews. Her lawyer for the first three was paid for by the Trump PAC, and when she switched lawyers, I think the testimony became ever more expansive. And it was at that point that we were able to arrange a live testimony.\u003c/p>\n\u003cp>\u003cstrong>What was your overall reaction to what she had to say yesterday?\u003c/strong>\u003c/p>\n\u003cp>I admire her courage. She seemed very candid and courageous. Obviously, she was in a key position in the White House, steps away from the Oval Office. She’s a young person but had a very responsible job, and she was in a position to see and hear quite a bit, and she’s willing to talk about it.\u003c/p>\n\u003cp>Obviously, not everything that she has told us has been reported out. There is more that will be included in upcoming hearings. Honestly, her testimony about [how] the president was told that they had discovered that people in the crowd had weapons, including AR-15s and Glocks and assault weapons, that they didn’t want to go through the magnetometers because they didn’t want their weapons taken away, that she overheard directly that he was ordering people to take the “f-ing mags away.” He didn’t care that they were armed because he didn’t think they were going to hurt him, and the telling point was that those armed people could then walk to the Capitol from the Ellipse. Wow.\u003c/p>\n\u003cp>\u003cstrong>Do you plan to present evidence that members of Trump’s inner circle met with hate groups, including the Proud Boys, Oath Keepers, other rally organizers, and knew or even helped coordinate their plan of attack?\u003c/strong>\u003c/p>\n\u003cp>I’m going to leave that for future hearings. But as the chairman has said publicly, there certainly were connections between these extremist groups and the president’s inner circle.\u003c/p>\n\u003cp>\u003cstrong>What role did Roger Stone play in all of this?\u003c/strong>\u003c/p>\n\u003cp>Again, we’re going to leave that to a future hearing. As you know, he refused to testify before the committee. He took the Fifth Amendment repeatedly, but it was pretty clear that he played an important role in putting together the plot.\u003c/p>\n\u003cfigure id=\"attachment_11918441\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11918441\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-800x533.jpg\" alt=\"A wide shot of the committee hearing facing all of the committee members\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/Hutchinson-GettyImages-12415934171.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A text from Fox News host Sean Hannity to former White House Press Secretary Kayleigh McEnany is displayed as Cassidy Hutchinson, a former top aide to Trump White House Chief of Staff Mark Meadows, testifies during the sixth hearing held by the Select Committee to Investigate the January 6th Attack on the US Capitol, on June 28, 2022, in the Cannon House Office Building in Washington, DC. \u003ccite>(Shawn Thew-Pool/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Who else would you like to hear from in future hearings?\u003c/strong>\u003c/p>\n\u003cp>I’d like to hear from Pat Cipollone, the White House counsel. He came in for an informal interview. But I think especially given Hutchinson’s testimony yesterday, I think he owes it to us to come in and speak to the committee. I know from what our investigators have said, he’s acutely attentive to the role of the White House counsel moving forward. On the other hand, historically, there have been times when the White House counsel had to come forward and talk about misconduct in the White House. Although he’s relying on executive privilege, not attorney-client privilege, to the best of my knowledge there is an exception to the attorney-client privilege, and that is activity that is in furtherance of a crime or in furtherance of fraud.\u003c/p>\n\u003cp>\u003cstrong>Do you think it’s likely the committee will get Cipollone to testify?\u003c/strong>\u003c/p>\n\u003cp>I can’t say. And we were certainly asking him to do that. And based on the testimony of Ms. Hutchinson yesterday, I would hope that he is thinking about it.\u003c/p>\n\u003cp>\u003cstrong>The last time you spoke with KQED, you said it wasn’t the committee’s job to prosecute or to bring charges, and that was purely the role of the attorney general. Has any of the new information we got yesterday changed your opinion in any way?\u003c/strong>\u003c/p>\n\u003cp>Structurally, that’s just a fact. The legislative committees don’t have the legal authority to prosecute and no amount of evidence changes that structural fact. It’s part of the constitutional order. Whether we think criminal offenses have been committed, we might have a view. And we’ve yet to discuss whether we will share that opinion with the Department of Justice. We may or we may not. But in the end, under our system of laws, the Congress is not a prosecutor. The Congress is a legislative body.\u003c/p>\n\u003cp>\u003cstrong>What was new to you in yesterday’s hearing?\u003c/strong>\u003c/p>\n\u003cp>It wasn’t new because I’d read the transcripts and knew of the information. But what was new, I think, to the public was Mr. Meadows’ knowledge of the violence and his passivity, his willingness to go along with the situation that was leading to more and greater threats. The president’s direct knowledge of the violent nature of some in the crowd and his interest in sending them down to the Capitol anyhow — that’s pretty profound.\u003c/p>\n\u003cp>\u003cstrong>What’s next for the committee?\u003c/strong>\u003c/p>\n\u003cp>We will be having other hearings that will cover the topics that have not yet been covered. And honestly, new information is flowing in, I think, in response to these hearings. And so we’re scrambling to sort through information to see whether it’s relevant or not. But we will have additional hearings and lay out all the facts that we’re able to find. And ultimately, we will have recommendations on potential changes to law that might make the nation more secure.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "do-federal-lawmakers-have-the-stomach-to-rein-in-big-tech",
"title": "Do Federal Lawmakers Have the Stomach to Rein in Big Tech?",
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"headTitle": "Do Federal Lawmakers Have the Stomach to Rein in Big Tech? | KQED",
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"content": "\u003cp>More than a dozen antitrust bills targeting Big Tech are currently in play in the nation’s capital, and Silicon Valley has mounted a full-court press to kill or soften the legislative onslaught.\u003c/p>\n\u003cp>The bills could make it more difficult for large tech companies to, among other things, acquire smaller companies, use their platforms to unduly boost their own products, and wield their huge cash stockpiles to \u003ca href=\"https://www.npr.org/2018/11/13/666274605/how-big-is-amazon\" target=\"_blank\" rel=\"noopener noreferrer\">dominate multiple, additional industries\u003c/a>.[aside postID=\"news_11889347\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS51554_GettyImages-1235407516-qut.jpg\"]The main companies in the sights of federal lawmakers include Amazon, Apple, Google and Meta, the latter three of which are headquartered in the Bay Area. All four have become multibillion-dollar giants of advertising through buying and selling consumer data, while also variously dominating other industries like retail, apps and entertainment.\u003c/p>\n\u003cp>Federal lawmakers on both sides of the aisle have historically taken a relatively light touch toward regulating the technology industry. But that \u003ca href=\"https://www.politico.com/news/2021/12/27/monopoly-antitrust-new-rules-tech-525161\">hands-off approach has recently shifted\u003c/a> among a growing number of Democrats, and even some Republicans, as the power and size of these companies has grown exponentially.\u003c/p>\n\u003cp>“You have companies like Google that have 90% control over search engines,” Sen. Amy Klobuchar, D-Minnesota, \u003ca href=\"https://www.facebook.com/amyklobuchar/videos/1985625218247197/\" target=\"_blank\" rel=\"noopener noreferrer\">told CNN\u003c/a> last year. “What I’m proposing is, make sure [federal agencies like the Federal Trade Commission] are able to take on trillion-dollar companies like Facebook and Google. They can’t do it with Band-Aids and duct tape.”\u003c/p>\n\u003cp>She added, “We must have laws that are as sophisticated as the companies we’re dealing with.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In that vein, the slate of proposed legislation tackles a wide array of gray areas in the law to provide federal regulators with the resources — monetary and conceptual — to go after large companies. Here’s a small sampling of the bills:\u003c/p>\n\u003cp>— \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/3816\" target=\"_blank\" rel=\"noopener noreferrer\">HR 3816\u003c/a> and \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/2992\" target=\"_blank\" rel=\"noopener noreferrer\">S 2992\u003c/a>: \u003cstrong>The American Choice and Innovation Online Act\u003c/strong> would bar platforms like Apple’s App Store or Amazon’s Marketplace from “self-preferencing,” or giving their own products an unfair advantage over those of their competitors.\u003c/p>\n\u003cp>— \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/3843?q=%7B%22search%22:%5B%223843%22,%223843%22%5D%7D&s=3&r=1\" target=\"_blank\" rel=\"noopener noreferrer\">HR 3843\u003c/a> and \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/228?q=%7B%22search%22:%5B%22Merger+Filing+Fee+Modernization+Act%22,%22Merger%22,%22Filing%22,%22Fee%22,%22Modernization%22,%22Act%22%5D%7D&s=6&r=1\" target=\"_blank\" rel=\"noopener noreferrer\">S 228\u003c/a>: \u003cstrong>The Merger Filing Fee Modernization Act of 2021\u003c/strong> would increase the merger fees regulators collect from companies and use the additional amounts to fund aggressive enforcement of antitrust laws by the U.S. Department of Justice and the Federal Trade Commission.\u003c/p>\n\u003cp>— \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/3608?q=%7B%22search%22%3A%5B%22Social+Media+NUDGE+Act%22%2C%22Social%22%2C%22Media%22%2C%22NUDGE%22%2C%22Act%22%5D%7D&s=1&r=1\" target=\"_blank\" rel=\"noopener noreferrer\">S 3608\u003c/a>: \u003cstrong>The Social Media NUDGE Act\u003c/strong> would direct the National Science Foundation and the National Academies of Sciences, Engineering and Medicine to study “content neutral” ways to address the algorithmic amplification of harmful content.[aside postID=\"forum_2010101882161\" hero=\"https://ww2.kqed.org/app/uploads/sites/43/2016/11/facebook-screen.jpg\"]But despite high-drama hearings from whistleblowers like former Facebook lead product manager \u003ca href=\"https://www.franceshaugen.com\" target=\"_blank\" rel=\"noopener noreferrer\">Frances Haugen\u003c/a>, most of these bills have yet to make it out of their respective committees. It’s entirely unclear how many will ever get a floor vote in the House or Senate.\u003c/p>\n\u003cp>Klobuchar, among the handful of lawmakers leading the antitrust charge, has acknowledged that the odds are daunting.\u003c/p>\n\u003cp>“We are up against a lot. … The tech companies have 2,500 lobbyists and probably 10,000 lawyers,” she said at a hearing of the Senate Judiciary \u003ca href=\"https://www.c-span.org/video/?516757-1/senate-hearing-impact-corporate-monopolies-innovation\" target=\"_blank\" rel=\"noopener noreferrer\">Subcommittee on Competition Policy, Antitrust, and Consumer Rights\u003c/a> last December.\u003c/p>\n\u003cp>And most analysts agree that if Republicans regain the majority in Congress after this year’s midterm elections, it’s game over for the biggest antitrust effort in generations.\u003c/p>\n\u003ch2>Strong pushback\u003c/h2>\n\u003cp>Tech industry proponents have presented a varied, and in some cases compelling, set of arguments against these legislative efforts.\u003c/p>\n\u003cp>Berin Szóka, president of TechFreedom, a \u003ca href=\"https://services.google.com/fh/files/misc/trade_association_and_third_party_groups.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">tech-funded\u003c/a> think tank in Washington, D.C., argues that the bills are rushed and poorly written. He decries the lack of traditional legislative hearings and markups before floor debate, even while acknowledging this practice has fallen out of vogue in recent years.\u003c/p>\n\u003cp>“We are legislating the way that that cartoon shows the railroad bridge being built out over the canyon as the train is going — except we don’t know what the train looks like or where it’s going,” he said.[pullquote size=\"medium\" align=\"right\" citation=\"Jennifer King, privacy and data policy fellow, Stanford Institute for Human-Centered Artificial Intelligence\"]‘We now have a legislative structure that’s just as dependent on those data practices that the commercial structure is dependent on: behavioral targeting and marketing practices that are really at issue in all these cases.’[/pullquote]Efforts by Democrats, like Klobuchar, to win support from key Republicans, he says, have resulted in bills full of ticking time bombs that could explode on Democrats and their allies the next time Republicans regain control of the White House.\u003c/p>\n\u003cp>For instance, Szóka argues, the same bill that would prevent tech titans from discriminating against competitors might also prevent them from removing companies from their app stores that have violated content rules, like Parler, a social media platform that has become a safe harbor for right-wing conspiracy theorists.\u003c/p>\n\u003cp>“It’s going to be easy for these sites that cater to extremists to sue, to harass mainstream services, to rifle through emails, to depose executives,” said Szóka.\u003c/p>\n\u003cp>Similar concerns have been expressed by many in California’s congressional delegation, suggesting that Democrats could balk at supporting some of the bills.\u003c/p>\n\u003cp>Sens. Dianne Feinstein and Alex Padilla are among a large group of California Democrats who have criticized elements of the bills, mirroring some of the arguments made by tech-funded think tanks. Reps. Lou Correa, D-East LA; Ted Lieu, D-Torrance; Eric Swalwell, D-Castro Valley; Ro Khanna, D-Fremont; and Zoe Lofgren, D-San Jose also have raised concerns.\u003c/p>\n\u003cp>“I think they spent more time on the hearing than they did in writing the proposed legislation. Because it’s not well crafted and it was done in a hurry,” Lofgren recently lamented about the American Choice and Innovation Online Act.\u003c/p>\n\u003cp>In an interview last month with Julia Angwin of The Markup, \u003ca href=\"https://www.c-span.org/video/?517286-1/after-words-representative-ro-khanna\">Rep. Khanna said breakups are certainly justified\u003c/a> in some instances. “On Facebook, for example, where they’ve acquired Instagram and WhatsApp, you should have an unraveling of that company. I think you want to have a ban on mergers that are acquiring competitors.”[aside postID=\"news_11888891\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/GettyImages-461843598-scaled.jpg\"]But he cautioned about being “overly restrictive on all mergers,” noting that mergers and acquisitions are a basic element of the U.S. economy.\u003c/p>\n\u003cp>The Washington Post recently reported that \u003ca href=\"https://www.washingtonpost.com/technology/2022/01/21/tech-lobbying-in-washington/\" target=\"_blank\" rel=\"noopener noreferrer\">just seven large tech companies spent nearly $70 million\u003c/a> lobbying the U.S. government in 2021.\u003c/p>\n\u003cp>“We are genuinely concerned that they could break a wide range of popular services we offer to our users, all the work we do to make our products safe, private and secure, and in some cases can hurt American competitiveness by disadvantaging solely U.S. companies,” Google CEO Sundar Pichai said of the current bills during a recent earnings call.\u003c/p>\n\u003cp>And Lofgren and others who have voiced concerns with the current bills \u003ca href=\"https://www.washingtonpost.com/politics/2022/02/03/tech-giants-are-doling-out-political-donations-antitrust-skeptics-congress/\" target=\"_blank\" rel=\"noopener noreferrer\">continue to take money\u003c/a> from the likes of Amazon, Google, Meta and Microsoft, but say that doesn’t influence their position.\u003c/p>\n\u003cp>Lofgren told KQED, “That’s obviously baloney, and if that were the case, Anna [Eshoo] and I wouldn’t have introduced our privacy bill, which would require a huge change in the business model of any company that relies on the data of its users.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/6027/text?q=%7B%22search%22%3A%5B%22Online+Privacy+Act%22%2C%22Online%22%2C%22Privacy%22%2C%22Act%22%5D%7D&r=1&s=1\" target=\"_blank\" rel=\"noopener noreferrer\">Online Privacy Act\u003c/a> Lofgren reintroduced with fellow Silicon Valley Rep. Anna Eshoo is considered a serious threat to the personal data trading model that’s become the bread and butter for mega conglomerates. The legislation would require companies to protect users’ data, as well as establish a new federal agency to enforce privacy protections, and strengthen enforcement of privacy law violations.\u003c/p>\n\u003cp>Jennifer King, who follows data and privacy for the \u003ca href=\"http://cyberlaw.stanford.edu/about/people/jen-king\" target=\"_blank\" rel=\"noopener noreferrer\">Stanford Institute for Human-Centered Artificial Intelligence\u003c/a>, is not holding her breath for this Congress to act on any kind of revolutionary reform.\u003c/p>\n\u003cp>One big reason why: Both political parties, she notes, have grown quite fond of using targeted advertising themselves. “We now have a legislative structure that’s just as dependent on those data practices that the commercial structure is dependent on: behavioral targeting and marketing practices that are really at issue in all these cases,” King said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The one thing most lawmakers do seem to agree on is the need for some kind of new legislation, if only to bolster funding for federal regulators like those at the Federal Trade Commission. But what exactly that should look like is where the consensus falls apart.\u003c/p>\n\n",
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"excerpt": "More than a dozen antitrust bills targeting Big Tech are in play in the nation's capital right now, and Silicon Valley has mounted a full-court press to kill or soften the legislative attack.",
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"title": "Do Federal Lawmakers Have the Stomach to Rein in Big Tech? | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>More than a dozen antitrust bills targeting Big Tech are currently in play in the nation’s capital, and Silicon Valley has mounted a full-court press to kill or soften the legislative onslaught.\u003c/p>\n\u003cp>The bills could make it more difficult for large tech companies to, among other things, acquire smaller companies, use their platforms to unduly boost their own products, and wield their huge cash stockpiles to \u003ca href=\"https://www.npr.org/2018/11/13/666274605/how-big-is-amazon\" target=\"_blank\" rel=\"noopener noreferrer\">dominate multiple, additional industries\u003c/a>.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The main companies in the sights of federal lawmakers include Amazon, Apple, Google and Meta, the latter three of which are headquartered in the Bay Area. All four have become multibillion-dollar giants of advertising through buying and selling consumer data, while also variously dominating other industries like retail, apps and entertainment.\u003c/p>\n\u003cp>Federal lawmakers on both sides of the aisle have historically taken a relatively light touch toward regulating the technology industry. But that \u003ca href=\"https://www.politico.com/news/2021/12/27/monopoly-antitrust-new-rules-tech-525161\">hands-off approach has recently shifted\u003c/a> among a growing number of Democrats, and even some Republicans, as the power and size of these companies has grown exponentially.\u003c/p>\n\u003cp>“You have companies like Google that have 90% control over search engines,” Sen. Amy Klobuchar, D-Minnesota, \u003ca href=\"https://www.facebook.com/amyklobuchar/videos/1985625218247197/\" target=\"_blank\" rel=\"noopener noreferrer\">told CNN\u003c/a> last year. “What I’m proposing is, make sure [federal agencies like the Federal Trade Commission] are able to take on trillion-dollar companies like Facebook and Google. They can’t do it with Band-Aids and duct tape.”\u003c/p>\n\u003cp>She added, “We must have laws that are as sophisticated as the companies we’re dealing with.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In that vein, the slate of proposed legislation tackles a wide array of gray areas in the law to provide federal regulators with the resources — monetary and conceptual — to go after large companies. Here’s a small sampling of the bills:\u003c/p>\n\u003cp>— \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/3816\" target=\"_blank\" rel=\"noopener noreferrer\">HR 3816\u003c/a> and \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/2992\" target=\"_blank\" rel=\"noopener noreferrer\">S 2992\u003c/a>: \u003cstrong>The American Choice and Innovation Online Act\u003c/strong> would bar platforms like Apple’s App Store or Amazon’s Marketplace from “self-preferencing,” or giving their own products an unfair advantage over those of their competitors.\u003c/p>\n\u003cp>— \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/3843?q=%7B%22search%22:%5B%223843%22,%223843%22%5D%7D&s=3&r=1\" target=\"_blank\" rel=\"noopener noreferrer\">HR 3843\u003c/a> and \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/228?q=%7B%22search%22:%5B%22Merger+Filing+Fee+Modernization+Act%22,%22Merger%22,%22Filing%22,%22Fee%22,%22Modernization%22,%22Act%22%5D%7D&s=6&r=1\" target=\"_blank\" rel=\"noopener noreferrer\">S 228\u003c/a>: \u003cstrong>The Merger Filing Fee Modernization Act of 2021\u003c/strong> would increase the merger fees regulators collect from companies and use the additional amounts to fund aggressive enforcement of antitrust laws by the U.S. Department of Justice and the Federal Trade Commission.\u003c/p>\n\u003cp>— \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/3608?q=%7B%22search%22%3A%5B%22Social+Media+NUDGE+Act%22%2C%22Social%22%2C%22Media%22%2C%22NUDGE%22%2C%22Act%22%5D%7D&s=1&r=1\" target=\"_blank\" rel=\"noopener noreferrer\">S 3608\u003c/a>: \u003cstrong>The Social Media NUDGE Act\u003c/strong> would direct the National Science Foundation and the National Academies of Sciences, Engineering and Medicine to study “content neutral” ways to address the algorithmic amplification of harmful content.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But despite high-drama hearings from whistleblowers like former Facebook lead product manager \u003ca href=\"https://www.franceshaugen.com\" target=\"_blank\" rel=\"noopener noreferrer\">Frances Haugen\u003c/a>, most of these bills have yet to make it out of their respective committees. It’s entirely unclear how many will ever get a floor vote in the House or Senate.\u003c/p>\n\u003cp>Klobuchar, among the handful of lawmakers leading the antitrust charge, has acknowledged that the odds are daunting.\u003c/p>\n\u003cp>“We are up against a lot. … The tech companies have 2,500 lobbyists and probably 10,000 lawyers,” she said at a hearing of the Senate Judiciary \u003ca href=\"https://www.c-span.org/video/?516757-1/senate-hearing-impact-corporate-monopolies-innovation\" target=\"_blank\" rel=\"noopener noreferrer\">Subcommittee on Competition Policy, Antitrust, and Consumer Rights\u003c/a> last December.\u003c/p>\n\u003cp>And most analysts agree that if Republicans regain the majority in Congress after this year’s midterm elections, it’s game over for the biggest antitrust effort in generations.\u003c/p>\n\u003ch2>Strong pushback\u003c/h2>\n\u003cp>Tech industry proponents have presented a varied, and in some cases compelling, set of arguments against these legislative efforts.\u003c/p>\n\u003cp>Berin Szóka, president of TechFreedom, a \u003ca href=\"https://services.google.com/fh/files/misc/trade_association_and_third_party_groups.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">tech-funded\u003c/a> think tank in Washington, D.C., argues that the bills are rushed and poorly written. He decries the lack of traditional legislative hearings and markups before floor debate, even while acknowledging this practice has fallen out of vogue in recent years.\u003c/p>\n\u003cp>“We are legislating the way that that cartoon shows the railroad bridge being built out over the canyon as the train is going — except we don’t know what the train looks like or where it’s going,” he said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Efforts by Democrats, like Klobuchar, to win support from key Republicans, he says, have resulted in bills full of ticking time bombs that could explode on Democrats and their allies the next time Republicans regain control of the White House.\u003c/p>\n\u003cp>For instance, Szóka argues, the same bill that would prevent tech titans from discriminating against competitors might also prevent them from removing companies from their app stores that have violated content rules, like Parler, a social media platform that has become a safe harbor for right-wing conspiracy theorists.\u003c/p>\n\u003cp>“It’s going to be easy for these sites that cater to extremists to sue, to harass mainstream services, to rifle through emails, to depose executives,” said Szóka.\u003c/p>\n\u003cp>Similar concerns have been expressed by many in California’s congressional delegation, suggesting that Democrats could balk at supporting some of the bills.\u003c/p>\n\u003cp>Sens. Dianne Feinstein and Alex Padilla are among a large group of California Democrats who have criticized elements of the bills, mirroring some of the arguments made by tech-funded think tanks. Reps. Lou Correa, D-East LA; Ted Lieu, D-Torrance; Eric Swalwell, D-Castro Valley; Ro Khanna, D-Fremont; and Zoe Lofgren, D-San Jose also have raised concerns.\u003c/p>\n\u003cp>“I think they spent more time on the hearing than they did in writing the proposed legislation. Because it’s not well crafted and it was done in a hurry,” Lofgren recently lamented about the American Choice and Innovation Online Act.\u003c/p>\n\u003cp>In an interview last month with Julia Angwin of The Markup, \u003ca href=\"https://www.c-span.org/video/?517286-1/after-words-representative-ro-khanna\">Rep. Khanna said breakups are certainly justified\u003c/a> in some instances. “On Facebook, for example, where they’ve acquired Instagram and WhatsApp, you should have an unraveling of that company. I think you want to have a ban on mergers that are acquiring competitors.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But he cautioned about being “overly restrictive on all mergers,” noting that mergers and acquisitions are a basic element of the U.S. economy.\u003c/p>\n\u003cp>The Washington Post recently reported that \u003ca href=\"https://www.washingtonpost.com/technology/2022/01/21/tech-lobbying-in-washington/\" target=\"_blank\" rel=\"noopener noreferrer\">just seven large tech companies spent nearly $70 million\u003c/a> lobbying the U.S. government in 2021.\u003c/p>\n\u003cp>“We are genuinely concerned that they could break a wide range of popular services we offer to our users, all the work we do to make our products safe, private and secure, and in some cases can hurt American competitiveness by disadvantaging solely U.S. companies,” Google CEO Sundar Pichai said of the current bills during a recent earnings call.\u003c/p>\n\u003cp>And Lofgren and others who have voiced concerns with the current bills \u003ca href=\"https://www.washingtonpost.com/politics/2022/02/03/tech-giants-are-doling-out-political-donations-antitrust-skeptics-congress/\" target=\"_blank\" rel=\"noopener noreferrer\">continue to take money\u003c/a> from the likes of Amazon, Google, Meta and Microsoft, but say that doesn’t influence their position.\u003c/p>\n\u003cp>Lofgren told KQED, “That’s obviously baloney, and if that were the case, Anna [Eshoo] and I wouldn’t have introduced our privacy bill, which would require a huge change in the business model of any company that relies on the data of its users.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/6027/text?q=%7B%22search%22%3A%5B%22Online+Privacy+Act%22%2C%22Online%22%2C%22Privacy%22%2C%22Act%22%5D%7D&r=1&s=1\" target=\"_blank\" rel=\"noopener noreferrer\">Online Privacy Act\u003c/a> Lofgren reintroduced with fellow Silicon Valley Rep. Anna Eshoo is considered a serious threat to the personal data trading model that’s become the bread and butter for mega conglomerates. The legislation would require companies to protect users’ data, as well as establish a new federal agency to enforce privacy protections, and strengthen enforcement of privacy law violations.\u003c/p>\n\u003cp>Jennifer King, who follows data and privacy for the \u003ca href=\"http://cyberlaw.stanford.edu/about/people/jen-king\" target=\"_blank\" rel=\"noopener noreferrer\">Stanford Institute for Human-Centered Artificial Intelligence\u003c/a>, is not holding her breath for this Congress to act on any kind of revolutionary reform.\u003c/p>\n\u003cp>One big reason why: Both political parties, she notes, have grown quite fond of using targeted advertising themselves. “We now have a legislative structure that’s just as dependent on those data practices that the commercial structure is dependent on: behavioral targeting and marketing practices that are really at issue in all these cases,” King said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The one thing most lawmakers do seem to agree on is the need for some kind of new legislation, if only to bolster funding for federal regulators like those at the Federal Trade Commission. But what exactly that should look like is where the consensus falls apart.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog",
"headTitle": "Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog | KQED",
"content": "\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>[aside postID='news_11883227']\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“You never know when immigration issues touch your community or your family,” she said. “We should all be for the rule of law, and that’s what this is about. And I hope that it prevails.\u003ci>”\u003c/i>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "south-bay-rep-calls-for-overhaul-of-immigration-court-system-to-block-political-meddling",
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"content": "\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.[pullquote align=\"right\" size=\"medium\" citation=\"Mimi Tsankov, president, National Association of Immigration Judges\"]‘It seems like no matter how hard we work, that backlog we’re facing just keeps growing.’[/pullquote]With testimony from legal experts and the head of the immigration judges’ union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”[aside label=\"related coverage\" tag=\"immigration\"]Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>With testimony from legal experts and the head of the immigration judges’ union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Many skilled foreign workers — especially from India — wait years, or even decades, for a green card, which would allow them to stay and work in the United States permanently. Federal legislation\u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-curtis-introduce-bipartisan-legislation-eliminate-arbitrary-country\" target=\"_blank\" rel=\"noopener noreferrer\"> co-sponsored\u003c/a> by Democratic Silicon Valley Rep. Zoe Lofgren would phase out some of the rules that have created that backlog. But the bill’s survival is far from certain.\u003c/p>\n\u003cp>If you spend much time in the tech world, you invariably hear about the epic queue for \u003ca href=\"https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants\" target=\"_blank\" rel=\"noopener noreferrer\">employment-based green cards\u003c/a>, especially from Indian nationals. Shibin Nambiar of Fremont did when he first moved to the U.S. in 2013 on a temporary H-1B work visa.\u003c/p>\n\u003cp>“You don’t realize it today, but down the line, when you’ll have your kid and your wife, and you’re settled and you have a house — that time you’ll realize — you just will never get your green card,” said Nambiar, a data architect at Rubrik, a cloud data management company based in Palo Alto. “It’s going to be a life of uncertainty forever.”\u003c/p>\n\u003cp>Nambiar applied for a green card in 2015, after he got married, had a kid and bought a house. But he faces a wait so long, he jokes he may have to wait for his 4-year-old son, born here in the U.S., to turn 21 and sponsor him for residency based on their family relationship. “He can file for us ultimately, and that’s the way we might get a green card!”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rep. Zoe Lofgren\"]‘If you were born in India, applications filed on Aug. 1, 2010, are being approved today. It doesn’t make any sense to organize it in this way.’[/pullquote]According to 2020 data from U.S. Citizenship and Immigration Services, more than 1 million people are waiting for an employment-based green card. And more people join the queue each year. But immigration law caps the total number of new cards at just 140,000 per year, and spouses and children of green card applicants count toward the annual cap.\u003c/p>\n\u003cp>“You know, the system that we have now has basically not been changed in many decades, and I think it’s operating in a way that people likely didn’t envision,” said Lofgren, who co-sponsored the \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/EAGLE%20Act%20Final%20Bill%20Text.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Equal Access to Green cards for Legal Employment\u003c/a>, or EAGLE, Act of 2021. She serves on the Judiciary Committee and chairs the House Immigration and Citizenship Subcommittee.\u003c/p>\n\u003cp>The bottleneck is compounded for immigrants from high-demand countries, because U.S. law stipulates that no more than 7% of green cards can go to workers from any single country in a given year.\u003c/p>\n\u003cp>“If you were born in India, applications filed on Aug. 1, 2010, are being approved today, and it doesn’t make any sense to organize it in this way,” she added.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Most of those waiting for employment-based green cards are from two countries: India and China. Albania and Zimbabwe are allocated the same number as India and China, even though Albania and Zimbabwe don’t have nearly as many applicants keen to work in Silicon Valley.\u003c/p>\n\u003cp>“It’s worth remembering the only people who actually benefit from this bill are people who’ve gone through all the hoops to become legal permanent residents of the United States,” said Lofgren. “And, in a way that’s really un-American, instead of looking at their merits, we’re looking at their place of birth.”\u003c/p>\n\u003cp>The bill, H.R. 3648, phases out the 7% per-country limit on employment-based immigrant visas. It would also raise the 7% per-country limit on family-sponsored immigrant visas to 15%.\u003c/p>\n\u003cp>Reducing the bottlenecks and allowing more skilled foreign workers to make a permanent home in the U.S. will benefit the broader economy, said Sean Randolph, senior director of the Bay Area Council Economic Institute, a public-private partnership of business, labor, government and higher education.\u003c/p>\n\u003cp>“If you look at where a lot of the hiring is from in tech companies, the big story is India,” Randolph said. “There is a pretty broad consensus, on a bipartisan level, that we need to support more skilled immigration into the United States.”\u003c/p>\n\u003cp>[aside postID=\"news_10859344,news_11707255,news_11701936\" label=\"Related Coverage\"]But even though the EAGLE Act is widely supported by business interests, its future is not assured. A similar bill failed to make it to President Trump’s desk in 2019. And due to the way partisanship has frozen Washington, D.C., it’s become difficult for Republican lawmakers to publicly support a hot-button issue like immigration reform.\u003c/p>\n\u003cp>While the EAGLE Act may not move forward as a stand-alone bill, according to a Democratic staffer who asked not to be identified, there’s a plan to fold in elements of the bill when the Senate sends its budget to the House for reconciliation, sometime in September. Lofgren was one of roughly a dozen lawmakers lobbying President Biden over the summer for various immigration reforms. It’s too soon to say which parts of the bill might survive these negotiations.\u003c/p>\n\u003cp>The EAGLE Act also includes reforms to the contentious H-1B visa program, which allows foreign citizens in specialty occupations, like computer engineering, to work in the U.S. temporarily. Silicon Valley employers have long taken advantage of people on these visas — and often hire them instead of American citizens who expect better pay and working conditions. The changes the EAGLE Act would make are not enough to mollify critics like protectionist John Miano, a computer programmer turned lawyer who’s sued multiple administrations over immigration policy.\u003c/p>\n\u003cp>Among other things, he dislikes the fact that a 1990 law allowed employers of H-1B and L-1 visa holders to apply for green cards for those workers. That extended the U.S. stay of those employees while the applications are processed, and it gave hundreds of thousands of foreign workers like Nambiar hope of a permanent life here. But it also swamped the waiting line for employment-based green cards. The EAGLE Act, Miano argues, would not change that.\u003c/p>\n\u003cp>“The fundamental problem is that we have a guest worker system, and we have a permanent immigration system. The guest worker system is larger than the permanent immigration system,” said Miano. “They used to be separate. You take a large system and you pour it into a small system, and you can see what happens.”\u003c/p>\n\u003cp>Comedian John Oliver, who came to the U.S. on a work-based visa himself, explained this dynamic in a 2019 episode of his show “Last Week Tonight.”\u003c/p>\n\u003cp>“I can tell you from experience here, living on a visa can be very stressful, and involves having to jump through endless, costly hoops,” Oliver said.\u003c/p>\n\u003cp>When his employer finally presented Oliver with a green card, he said he nearly burst into tears from relief: “That is when I realized I’d been worried about my immigration status every single day.”\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=tXqnRMU1fTs\u003c/p>\n\u003cp>So what do those in the epic queue for a green card think of the modest ambitions of the EAGLE Act?\u003c/p>\n\u003cp>“I feel [if a] Band-Aid is the approach, then [so be] it,” said Leena Bhai of Sunnyvale. Her family has been waiting on her husband’s green card application for five years. “Is comprehensive reform even possible? If not, let’s just work with what we can.”\u003c/p>\n\u003cp>One of Bhai’s children was born in the U.S., the other in India. If they don’t get their green cards before the child born in India — now 6 — turns 21, he will lose his dependent status, and will have to return to the country of his birth to file his own green card application.\u003c/p>\n\u003cp>At the very least, Bhai says, she’s hoping federal lawmakers make clear whether they want families like hers to stay permanently. Because if not, she and her husband are likely to move their family to another country — one where they can feel secure that their young children will be welcome to go to college when that day comes.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Many skilled foreign workers — especially from India — wait years, or even decades, for a green card, which would allow them to stay and work in the United States permanently. Federal legislation\u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-curtis-introduce-bipartisan-legislation-eliminate-arbitrary-country\" target=\"_blank\" rel=\"noopener noreferrer\"> co-sponsored\u003c/a> by Democratic Silicon Valley Rep. Zoe Lofgren would phase out some of the rules that have created that backlog. But the bill’s survival is far from certain.\u003c/p>\n\u003cp>If you spend much time in the tech world, you invariably hear about the epic queue for \u003ca href=\"https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants\" target=\"_blank\" rel=\"noopener noreferrer\">employment-based green cards\u003c/a>, especially from Indian nationals. Shibin Nambiar of Fremont did when he first moved to the U.S. in 2013 on a temporary H-1B work visa.\u003c/p>\n\u003cp>“You don’t realize it today, but down the line, when you’ll have your kid and your wife, and you’re settled and you have a house — that time you’ll realize — you just will never get your green card,” said Nambiar, a data architect at Rubrik, a cloud data management company based in Palo Alto. “It’s going to be a life of uncertainty forever.”\u003c/p>\n\u003cp>Nambiar applied for a green card in 2015, after he got married, had a kid and bought a house. But he faces a wait so long, he jokes he may have to wait for his 4-year-old son, born here in the U.S., to turn 21 and sponsor him for residency based on their family relationship. “He can file for us ultimately, and that’s the way we might get a green card!”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>According to 2020 data from U.S. Citizenship and Immigration Services, more than 1 million people are waiting for an employment-based green card. And more people join the queue each year. But immigration law caps the total number of new cards at just 140,000 per year, and spouses and children of green card applicants count toward the annual cap.\u003c/p>\n\u003cp>“You know, the system that we have now has basically not been changed in many decades, and I think it’s operating in a way that people likely didn’t envision,” said Lofgren, who co-sponsored the \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/EAGLE%20Act%20Final%20Bill%20Text.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Equal Access to Green cards for Legal Employment\u003c/a>, or EAGLE, Act of 2021. She serves on the Judiciary Committee and chairs the House Immigration and Citizenship Subcommittee.\u003c/p>\n\u003cp>The bottleneck is compounded for immigrants from high-demand countries, because U.S. law stipulates that no more than 7% of green cards can go to workers from any single country in a given year.\u003c/p>\n\u003cp>“If you were born in India, applications filed on Aug. 1, 2010, are being approved today, and it doesn’t make any sense to organize it in this way,” she added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Most of those waiting for employment-based green cards are from two countries: India and China. Albania and Zimbabwe are allocated the same number as India and China, even though Albania and Zimbabwe don’t have nearly as many applicants keen to work in Silicon Valley.\u003c/p>\n\u003cp>“It’s worth remembering the only people who actually benefit from this bill are people who’ve gone through all the hoops to become legal permanent residents of the United States,” said Lofgren. “And, in a way that’s really un-American, instead of looking at their merits, we’re looking at their place of birth.”\u003c/p>\n\u003cp>The bill, H.R. 3648, phases out the 7% per-country limit on employment-based immigrant visas. It would also raise the 7% per-country limit on family-sponsored immigrant visas to 15%.\u003c/p>\n\u003cp>Reducing the bottlenecks and allowing more skilled foreign workers to make a permanent home in the U.S. will benefit the broader economy, said Sean Randolph, senior director of the Bay Area Council Economic Institute, a public-private partnership of business, labor, government and higher education.\u003c/p>\n\u003cp>“If you look at where a lot of the hiring is from in tech companies, the big story is India,” Randolph said. “There is a pretty broad consensus, on a bipartisan level, that we need to support more skilled immigration into the United States.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The Trump administration’s family separation policy was marked by “reckless incompetence and intentional cruelty,” according to a \u003ca href=\"https://assets.documentcloud.org/documents/20400755/the_trump_administration_family_separation_policy_trauma_destruction_and_chaos.pdf\">report\u003c/a> released Thursday by the U.S. House Judiciary Committee.\u003c/p>\n\u003cp>The new report, released as the result of a 21-month investigation, shows that the administration’s plan to separate families at the U.S.-Mexico border began much earlier than many knew: within weeks of President Trump’s inauguration.\u003c/p>\n\u003cp>“It’s an outrageous, shameful chapter in America’s history,” said Rep. Zoe Lofgren, D-San Jose, who serves on the Judiciary Committee and chairs the House Immigration Subcommittee.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rep. Zoe Lofgren\"]‘Either it was an intentional human rights abuse or it was [done] with such a reckless disregard that it might as well have been an intentional human rights abuse.’[/pullquote]\u003c/p>\n\u003cp>The report also found that while a formal process of separations didn’t start until the summer of 2017, that spring saw a spike in family separations. The percentage of children in the custody of the Office of Refugee Resettlement (ORR) as a result of family separation jumped from 0.3% in November 2016 to 2.6% in March 2017.\u003c/p>\n\u003cp>While much of the report details information that has been widespread in the more than three years since separations began, it highlights the lack of communication between agencies under the Department of Homeland Security; particularly U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement and ORR.\u003c/p>\n\u003cp>One example of this disorganization happened in July 2018, according to the report, after U.S. District Judge Dana Sabraw in San Diego ordered the youngest group of separated children to be reunified with their parents. On July 16, 2018, “37 ‘tender age’ children were approved for reunification with their parents at an ICE detention facility.” But, after waiting eight hours at the facility, “ICE still had not processed any of the parents.” ORR officials then took the children back to the buses, where they waited until late in the evening.\u003c/p>\n\u003cfigure id=\"attachment_11844497\" class=\"wp-caption aligncenter\" style=\"max-width: 1802px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11844497\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM.png\" alt=\"\" width=\"1802\" height=\"758\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM.png 1802w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-800x337.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-1020x429.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-160x67.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-1536x646.png 1536w\" sizes=\"auto, (max-width: 1802px) 100vw, 1802px\">\u003cfigcaption class=\"wp-caption-text\">According to the report, inconsistent guidance — as displayed here — made the separation process “chaotic and even more cruel than necessary.” \u003ccite>(House Judiciary Committee)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lofgren said she was struck by the widespread knowledge of the program and the complicity of people within the administration.\u003c/p>\n\u003cp>“All the way from the secretary of Homeland Security to the attorney general to the head of the Border Patrol: They knew that they were taking these children away and they lacked the capacity to track them with their parents or to ever reunite them,” Lofgren said.\u003c/p>\n\u003cp>Earlier this month, court documents detailed that lawyers and advocates were \u003ca href=\"https://www.kqed.org/news/11843100/parents-of-545-children-separated-at-u-s-mexico-border-still-cant-be-found\">unable to find the parents of hundreds of children\u003c/a> who’d been separated in 2017.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>According to the committee’s report, during that initial five-month pilot program in El Paso, Texas, where many of those 545 families were separated, Trump administration officials “discovered that the government was unable to track separated family members in a way that allowed for later reunification of children with their parents.”\u003c/p>\n\u003cp>“And, knowing that, they went ahead and took thousands of children away from their parents anyway,” Lofgren said. “Either it was an intentional human rights abuse or it was [done] with such a reckless disregard that it might as well have been an intentional human rights abuse.”\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='family-separation']This week, a group of doctors \u003ca href=\"https://www.kqed.org/news/11843880/us-treatment-of-migrant-children-falls-under-un-definition-of-torture-doctors-say\">published a paper in the medical journal Pediatrics\u003c/a> alleging that the federal government’s treatment of separated families amounts to torture under international law. Lofgren said she agrees with that assessment.\u003c/p>\n\u003cp>“Children were taken from their parents without even being told what was going on. They never had a chance to even say goodbye to their parents. They were traumatized and removed to remote locations. Really there’s no excuse for it, and it really is torture in some cases,” she said.\u003c/p>\n\u003cp>In an effort to redress the policy of family separation, and numerous other issues at the border, Lofgren said she’s working on a comprehensive rewrite of the country’s \u003ca href=\"https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act\">Immigration and Nationality Act\u003c/a>.\u003c/p>\n\u003cp>“The act hasn’t really been rewritten in its entirety since 1965, and it doesn’t well-serve the United States at this point,” she said.\u003c/p>\n\u003cp>Lofgren plans to release the new version before the end of the year.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The report also found that while a formal process of separations didn’t start until the summer of 2017, that spring saw a spike in family separations. The percentage of children in the custody of the Office of Refugee Resettlement (ORR) as a result of family separation jumped from 0.3% in November 2016 to 2.6% in March 2017.\u003c/p>\n\u003cp>While much of the report details information that has been widespread in the more than three years since separations began, it highlights the lack of communication between agencies under the Department of Homeland Security; particularly U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement and ORR.\u003c/p>\n\u003cp>One example of this disorganization happened in July 2018, according to the report, after U.S. District Judge Dana Sabraw in San Diego ordered the youngest group of separated children to be reunified with their parents. On July 16, 2018, “37 ‘tender age’ children were approved for reunification with their parents at an ICE detention facility.” But, after waiting eight hours at the facility, “ICE still had not processed any of the parents.” ORR officials then took the children back to the buses, where they waited until late in the evening.\u003c/p>\n\u003cfigure id=\"attachment_11844497\" class=\"wp-caption aligncenter\" style=\"max-width: 1802px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11844497\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM.png\" alt=\"\" width=\"1802\" height=\"758\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM.png 1802w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-800x337.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-1020x429.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-160x67.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Screen-Shot-2020-10-29-at-11.20.29-PM-1536x646.png 1536w\" sizes=\"auto, (max-width: 1802px) 100vw, 1802px\">\u003cfigcaption class=\"wp-caption-text\">According to the report, inconsistent guidance — as displayed here — made the separation process “chaotic and even more cruel than necessary.” \u003ccite>(House Judiciary Committee)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lofgren said she was struck by the widespread knowledge of the program and the complicity of people within the administration.\u003c/p>\n\u003cp>“All the way from the secretary of Homeland Security to the attorney general to the head of the Border Patrol: They knew that they were taking these children away and they lacked the capacity to track them with their parents or to ever reunite them,” Lofgren said.\u003c/p>\n\u003cp>Earlier this month, court documents detailed that lawyers and advocates were \u003ca href=\"https://www.kqed.org/news/11843100/parents-of-545-children-separated-at-u-s-mexico-border-still-cant-be-found\">unable to find the parents of hundreds of children\u003c/a> who’d been separated in 2017.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>This week, a group of doctors \u003ca href=\"https://www.kqed.org/news/11843880/us-treatment-of-migrant-children-falls-under-un-definition-of-torture-doctors-say\">published a paper in the medical journal Pediatrics\u003c/a> alleging that the federal government’s treatment of separated families amounts to torture under international law. Lofgren said she agrees with that assessment.\u003c/p>\n\u003cp>“Children were taken from their parents without even being told what was going on. They never had a chance to even say goodbye to their parents. They were traumatized and removed to remote locations. Really there’s no excuse for it, and it really is torture in some cases,” she said.\u003c/p>\n\u003cp>In an effort to redress the policy of family separation, and numerous other issues at the border, Lofgren said she’s working on a comprehensive rewrite of the country’s \u003ca href=\"https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act\">Immigration and Nationality Act\u003c/a>.\u003c/p>\n\u003cp>“The act hasn’t really been rewritten in its entirety since 1965, and it doesn’t well-serve the United States at this point,” she said.\u003c/p>\n\u003cp>Lofgren plans to release the new version before the end of the year.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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