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What to know about the situation at the US-Mexico border

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By Priscilla Alvarez, CNN
Updated 8:01 AM ET, Fri February 12, 2021

(CNN) — The US-Mexico border is a pressing challenge for the Biden administration as it tries to reverse former President Donald Trump’s hardline policies and address the growing number of arrests along the southern border. But while there’s been an increase in the number of people crossing, the situation hasn’t yet amounted to crisis levels.

US Customs and Border Protection has attributed the uptick in arrests in part to instability in home countries, exacerbated by the coronavirus pandemic and perceptions of instant shifts in US immigration policies.
The pandemic has taken a dramatic toll on Latin America, where Covid-19 cases and deaths have soared and economies once projected to grow have been decimated. The region was also hit with two devastating hurricanes. The decline in economic growth in 2020, according to the Congressional Research Service, is expected to worsen income inequality and poverty in the region.
    “The biggest reason people leave and come to the United States is the situations happening at their home countries,” said Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.
    This week, White House press secretary Jen Psaki warned those considering coming to the US that they’ll largely be turned away.
    “Now is not the time to come,” Psaki said, citing the pandemic and ongoing efforts to put a comprehensive process in place. “The vast majority of people will be turned away. Asylum processes at the border will not occur immediately, will take time to implement.”
    Here’s what to know about the situation at the US-Mexico border:

    Is there a surge on the US southern border?

    Not quite. There is an increase, but assessing the scope of it is difficult because of the high recidivism rate, according to border experts.
    Individuals encountered illegally crossing the US-Mexico border can be swiftly expelled from the United States with little consequence under a public health order put in place last March by the Trump administration. That’s led to single adults trying to cross multiple times.
    “What we’re seeing right now is that the Title 42 expulsions continue to be the largest driver of increased numbers at the border,” Reichlin-Melnick said, referring to the law that allows for the quick removal of migrants.
    In January, there was an average of about 3,000 arrests per day along the southern border, according to CBP.
    A Homeland Security official cautioned Wednesday that January numbers may overstate the number of migrants arriving at the border because the current rate of recidivism — the number of people arrested for crossing more than once — is very high.
    The US Border Patrol estimates that between March 20, 2020, and February 4, 2021, 38% of all encounters were people who had been arrested more than once for crossing.

    Who’s crossing the border?

    The majority of border crossers since October are single adults, many of whom are from Mexico. In January, the US Border Patrol arrested more than 75,000 migrants on the southern border, up from around 71,000 in December, according to the latest data. Of those, single adults made up around 62,000 arrests.
    But the increase from month to month is notable given that there’s usually a dip between December and January due to the holidays, according to a former Homeland Security official. It’s particularly concerning among families and unaccompanied migrant children.
    Border Patrol arrests of families and unaccompanied migrant children at the border, which is always a concern given the vulnerability of the two groups, went up from around 9,300 in December to nearly 13,000 in January. More than half were from El Salvador, Guatemala or Honduras.

    How does this compare with recent years?

    It’s difficult to compare today’s arrests with those of recent years because of the drastically different circumstances, as a result of the pandemic.
    Last March, as the coronavirus gripped the Western Hemisphere and travel restrictions began to go into effect, apprehensions along the southern border began to decline and then picked back up again in June.
    “We can’t do apples-to-apples comparisons,” said Andrew Selee, president of the nonpartisan Migration Policy Institute. “For two reasons: une is because we don’t know the recidivism rate but also because Title 42 creates a different set of incentives.”
    Selee explained that single adults might be more willing to keep attempting to cross because they’ll just be kicked back to Mexico if they’re arrested because of the public health order.
    “It feels like the 1990s, when people tried to cross multiple times and there were really no consequences for multiple crossings,” Selee said.

    What’s been the policy at the border?

    The Trump administration put a series of policies in place that tightened the US asylum system and made it exceedingly difficult for migrants to claim asylum at the border.
    Among those policies was one informally known as “remain in Mexico.” That policy, which has been in effect for two years, forced thousands of non-Mexican migrants to wait in Mexico until their US immigration court dates. In many cases, that’s meant waiting months, if not years, in deplorable conditions and under the threat of extortion, sexual assault and kidnapping.
    During the pandemic, though, the previous administration largely came to rely on a public health order that allowed border officials to swiftly expel migrants arrested on the southern border back to Mexico or their home countries. That policy remains in effect.
    President Joe Biden has moved to draw down the “remain in Mexico” policy by stopping the enrollment of new migrants. His administration will also begin processing individuals who were subject to the policy into the United States later this month.

    What has Biden done so far to change the situation at the border?

    Administration officials have repeatedly warned that changes in border policies will take time to implement. While reviews of those policies are ongoing, the situation along the border remains largely the same.
    “We’re being very clear that given the current environment and lack of processing capacity between ports of entry that travel restrictions will continue for some time,” an administration official said.
    Along with revisiting the “remain in Mexico” program, Biden’s signed executive orders also called for the end of wall construction and a commitment to invest in Latin America to address the root causes of migration.
    Secretary of State Antony Blinken recently announced that the administration has suspended and begun the process of terminating Trump-era agreements with El Salvador, Guatemala and Honduras that limited the ability of some migrants to seek asylum in the US.

    Misinformation undercuts the administration’s message

    In recent weeks, migrants waiting in various northern Mexican cities have been told to travel to other locations along the border under the false pretense that they’ll be let into the US through a port of entry there, immigration attorneys told CNN.
    Other messages, shared via the popular messaging app WhatsApp, have falsely told migrants who fall under the “remain in Mexico” policy that they’ll be allowed to enter the US on a certain date and directed them to present themselves to border officials on that date.
    Misinformation is spreading along the US-Mexico border through smugglers or word of mouth, among migrants desperate for answers from the Biden administration.
      It’s commonplace for smugglers to lie to migrants to sell their services, but years of Trump policies that left thousands waiting on the southern border have resulted in networks operating only miles from the United States, according to Guadalupe Correa-Cabrera, an associate professor at George Mason University who studies migrant smuggling networks.
      It’s unclear whether misinformation is driving an uptick in border apprehensions, but in the interim, the rumors and misinformation are fueling frustration and confusion in border communities, threatening to undermine the administration’s plans for the border.

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      Biden to take first limited steps on gun control, including on ‘ghost guns’ and pistol braces

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      By Kevin Liptak, CNN
      Updated 10:57 PM ET, Wed April 7, 2021

      (CNN) — President Joe Biden will take his first, limited actions on gun control Thursday, directing his administration to tighten restrictions on so-called ghost guns and pistol stabilizing braces that allow the weapons to be used more accurately, according to a senior administration official.

      The steps — which also include nominating a gun control advocate to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives — fulfill a commitment Biden made in the aftermath of two deadly shootings last month to take “common sense” steps right away to address gun violence.
      But they fall short of the sweeping actions Biden promised as a candidate that must be passed by Congress, including a ban on assault weapons or enacting universal background checks. Senior administration officials framed the upcoming announcements as initial steps that would be followed by additional actions later on, including applying pressure on lawmakers to act.
        Biden said last month following a mass shooting in Colorado, “I don’t need to wait another minute, let alone an hour, to take common sense steps that will save lives in the future.” But he has acknowledged that passing a massive new infrastructure plan — and not new gun laws — is his top legislative priority.
          Biden will make the announcements Thursday from the White House alongside his attorney general, Merrick Garland, whose Justice Department will be responsible for drafting the proposed rules.
              The announcements will come as the President is expected to nominate David Chipman as the next director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, a White House official told CNN. Chipman is a former ATF agent who serves as senior policy adviser at Giffords, the organization led by former congresswoman Gabby Giffords, who became a gun control advocate after being shot in 2011.
              The ATF has been without a permanent director since 2015.
              Biden also plans to announce new investments in intervention programs in violence-prone communities; a directive to the Justice Department to publish model “red flag” laws for states that allow the temporary removal of guns from people deemed at high risk of harming themselves or others; and a comprehensive report on firearms trafficking.
              Taken together, the actions amount to the first real steps by Biden’s administration to combat gun violence. Inside the White House, efforts to devise executive actions have been led by White House Domestic Policy Council Director Susan Rice and Office of Public Engagement Director Cedric Richmond, administration officials and gun safety advocacy groups told CNN.
              That included meeting with some of those groups and fielding ideas for steps that Biden could take on his own. Some advocates had been clamoring for steps earlier in the administration, pointing to Biden’s pledge to prioritize gun control during his campaign.
              But initial reaction from gun safety advocacy groups Wednesday evening was positive.
              “Each of these executive actions will start to address the epidemic of gun violence that has raged throughout the pandemic, and begin to make good on President Biden’s promise to be the strongest gun safety president in history,” John Feinblatt, president of Everytown for Gun Safety, said in a statement.
              “These much-needed executive actions will start saving lives right away, and our grassroots army of nearly 6 million supporters looks forward to standing behind President Biden as he urges the Senate to follow his lead and act,” Shannon Watts, founder of Moms Demand Action, said in a statement.
              While campaigning, Biden had said he would task his attorney general with instituting better enforcement of existing gun laws as a means of slowing gun violence. He also made a campaign pledge to send $900 million for community programs meant to combat violence, something the administration is sorting out how to fulfill.
              Following last month’s shootings, Biden called on Congress to take steps like reenacting an assault weapons ban, with Vice President Kamala Harris, who argued for executive actions on the campaign trail, telling “CBS This Morning” that “if we really want something that is going to be lasting, we need to pass legislation.”
              The Democratic-controlled House passed gun legislation that would expand background checks on all commercial gun sales last month, but the bills face tougher paths in the Senate, where Democrats hold a slim 50-50 majority and would need significant Republican support to overcome a legislative filibuster.
              Biden acknowledged during a news conference that his main legislative priority was passing an infrastructure package and that he believed careful timing was key to the success of any proposed bills.
              And he has acknowledged that his political capital is limited.
              “I haven’t done any counting yet,” he said in March when asked whether he believed he had enough votes to pass significant reforms.
              As the nation’s posture on guns has evolved, Biden has been front-and-center at most every stop along the way for more than three decades, from the triumph of a 10-year ban on assault weapons in 1994 to the disappointment of a failed push for universal background checks in the wake of the Sandy Hook massacre.
                Recent shootings in Georgia and Colorado had raised the question inside the West Wing over how much political capital Biden should expend on the matter, which has so often ended in frustration.
                This story has been updated with details about Biden’s executive actions and reaction to them.

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                Virginia lawmakers OK marijuana possession starting July 1

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                By Paul LeBlanc and Kay Jones, CNN
                Updated 9:45 PM ET, Wed April 7, 2021

                (CNN) — The Virginia General Assembly on Wednesday passed a bill legalizing simple possession of marijuana, becoming the latest state to modify its laws around cannabis use and possession that disproportionately jailed Black people for nonviolent offenses.

                The new law, which goes into effect July 1, allows anyone in the state 21 or older to possess up to 1 ounce of marijuana. The law also “modifies several other criminal penalties related to marijuana, and imposes limits on dissemination of criminal history record information related to certain marijuana offenses,” according to a summary posted to the Legislature’s website.
                “Virginia led and made history once again today,” Virginia Lt. Gov. Justin Fairfax, who cast the tie-breaking vote in the state Senate, said in a tweet.
                  “I was proud to cast the tie-breaking vote to legalize marijuana and bring long overdue justice, fairness, equity and opportunity to the people of our great Commonwealth.”
                    The bill had originally passed in late February, but Democratic Gov. Ralph Northam sent it back to the Legislature with a series of revisions, including a proposal to accelerate the timeline of its enactment to this July instead of 2024.
                        Still, the measure was met with fierce opposition from state GOP lawmakers Wednesday, including Del. Chris Head, who called it a “train wreck” during a virtual House floor speech.
                        “If this policy change is to be undertaken, it has to be undertaken prudently, and I understand the enormous pressure on the majority party to make this change right now. I understand that opposing immediate legislation and legalization is going to anger many of your constituents. And I understand that taking the time to do this right might possibly even lead to charges of racism,” he said.
                        “But we have to do this right. And doing it right takes time.”
                        Legalization advocates have long touted the righting of past criminal justice wrongs, eliminating illegal market activity and generating additional tax revenue when they’ve pushed for overhauling state cannabis laws.
                        “At the end of the day, economics talk and jobs talk,” Jessica Billingsley, chief executive officer of Akerna, which makes regulatory compliance software that helps states track cannabis sales from seed to sale, previously told CNN.
                          “I truly believe we’re going to see some very meaningful and important movement coming out of this as states and governors look for a way to bolster their economy.”
                          Cannabis sales in states that have legalized the plant for medical and recreational purposes totaled about $15 billion in 2019, and are expected to top $30 billion by 2024, according to data from BDS Analytics, which tracks dispensary sales.

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                          Biden’s planned pick for ATF director a fierce advocate for gun control

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                          By Paul LeBlanc, CNN
                          Updated 9:30 PM ET, Wed April 7, 2021

                          Washington (CNN) — David Chipman, President Joe Biden’s planned nominee for director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, has a long history at the agency and sports credentials in gun control advocacy sure to excite firearm safety groups.

                          If confirmed, Chipman will lead the agency that enforces gun laws at a critical point in Biden’s early tenure, as the President looks to take fresh action on the issue in the wake of two deadly shootings last month.
                          “I don’t need to wait another minute, let alone an hour, to take common-sense steps that will save lives in the future,” Biden said last month. The President plans to announce new executive actions on guns Thursday, a person familiar with the plans said.

                            Longtime ATF special agent

                              Chipman, if confirmed, would return to the agency where he worked for 25 years as a special agent.
                                He lists “Violent Crime Reduction Strategist,” “Certified Explosives Specialist” and “Interagency Liason Specialist” among his specialties on his Linkedin profile, and Giffords notes his expertise includes ghost guns, the gun industry, law enforcement and assault weapons.
                                In the President’s first, limited actions on gun control Thursday, Biden will direct his administration to tighten restrictions on so-called ghost guns and pistol stabilizing braces that allow the weapons to be used more accurately, according to a senior administration official. Ghost guns are handmade or self-assembled firearms that don’t have serial numbers, and some can be fabricated in as little as 30 minutes using kits and parts purchased online.
                                The ATF has been without a permanent director since 2015.
                                In recent years, the bureau has become most visible in the aftermath of mass shootings around the US and at other crimes involving firearms. But the agency has a broader scope than just guns.
                                According to its website, ATF “protects our communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol and tobacco products.”
                                “We partner with communities, industries, law enforcement, and public safety agencies to safeguard the public we serve through information sharing, training, research, and use of technology,” the bureau’s website states.

                                Gun control advocacy

                                After leaving the ATF in 2012, Chipman became a senior adviser at Everytown for Gun Safety, where he was “consulted frequently” by lawmakers considering gun control legislation, according to his Linkedin.
                                Chipman then served as senior vice president of Public Safety Solutions for almost three years before arriving at Giffords as a senior policy adviser in 2016.
                                It’s in these roles that Chipman’s voice as a fierce advocate for gun control was elevated, as he frequently wrote op-eds and made media appearances to advance the cause.
                                “As a former ATF special agent with more than 24 years of experience at the bureau, I know all too well how serious our gun violence problem is and how desperately the agency lacks for the law enforcement tools that are necessary to help curb this national epidemic,” Chipman wrote in a 2013 Politico op-ed.
                                The country’s gun safety laws, he wrote at the time, “make it all too easy for guns to fall into the wrong hands — and since Congress has failed to address these gaps legislatively, ATF must chart a new course to combat the scourge of gun violence. This requires strong leadership.”
                                More recently, Chipman voiced support for limiting high-capacity magazines in a 2019 interview with PBS NewsHour.
                                “Talking to any gun owner, a 100-round magazine is just not traditional. It’s not normal. And I can’t think of a purpose, beyond killing a lot of people, for having it,” he said. “So if the debate is, should it be 10 or what have you, it can’t be 100. And so I think there’s room where we can have progress, although we will not have perfection.”
                                  And in light of FBI records last summer showing US firearm background checks having skyrocketed during the Covid-19 pandemic, Chipman told CNN at the time: “My biggest concern involves the potential number of first time gun buyers who, before March, did not think they needed a gun.”
                                  This story has been updated with additional details Wednesday.

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                                  Andrew Giuliani, former Trump aide and son of Rudy Giuliani, says he plans for to run for governor of New York

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                                  By Devan Cole, CNN
                                  Updated 12:16 PM ET, Wed April 7, 2021

                                  Washington (CNN) — Andrew Giuliani, the son of former New York Mayor Rudy Giuliani, says he’s planning to run for governor of the heavily Democratic state next year.

                                  “I plan to run,” Andrew Giuliani, who served as an aide to former President Donald Trump, told the Washington Examiner in an interview published Wednesday.
                                  Giuliani’s gubernatorial bid could set up a high stakes, headline-grabbing showdown with Andrew Cuomo, should the embattled incumbent Democratic governor decide to seek a fourth term. But Giuliani would face a steep uphill battle in the heavily Democratic state, and his candidacy could help hand another win to the party as his proximity to Trump would likely be seen as a liability in a state where the former President is widely unpopular.
                                    “I believe I can win the race,” Giuliani told the Examiner. “I think I’m the right candidate, and this is the right time to help change New York State, and we’ve got a playbook that works.”
                                      “Outside of anybody named Trump, I think I have the best chance to win and take the state back, and I think there’s an opportunity in 2022 with a wounded Democratic candidate, whether it’s going to be Gov. (Andrew) Cuomo, whether it’s going to be a radical (attorney general), Letitia James, whether it’s going to be a no-name lieutenant governor, I think there’s a very, very real chance to win,” he said, according to the magazine.
                                            Asked if he expected Cuomo to seek reelection to a fourth term next year, Jay Jacobs, the state party chair and a close ally of the governor, demurred.
                                            “I honestly don’t know the answer to that question. I think that he’s more focused on getting through his current troubles, then seeing where he’s going to go,” he said. “These investigations are going to be critical in all of that. It’s hard to tell. I’m sure that, given his druthers, he’d like to run for reelection.”

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                                            Stephen Breyer worries about Supreme Court’s public standing in current political era

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                                            By Joan Biskupic, CNN legal analyst & Supreme Court biographer
                                            Updated 9:07 PM ET, Tue April 6, 2021

                                            (CNN) — Justice Stephen Breyer, who may be nearing the end of his Supreme Court tenure, expressed concern on Tuesday about the standing of the high court and the possible erosion of public confidence in its decisions.

                                            In an expansive, two-hour lecture at Harvard Law School, Breyer bemoaned the common practice — by journalists, senators and others — of referring to justices by the presidents who appointed them and of describing the nine by their conservative or liberal approach to the law.
                                            “These are more than straws in the wind,” the 82-year-old Breyer said. “They reinforce the thought, likely already present in the reader’s mind, that Supreme Court justices are primarily political officials or ‘junior league’ politicians themselves rather than jurists. The justices tend to believe that differences among judges mostly reflect not politics but jurisprudential differences. That is not what the public thinks.”
                                              Breyer also warned against proposals to expand the size of the Supreme Court from its current nine members. Public trust was “gradually built” over the centuries, he said, and any discussion of change should take account of today’s public acceptance of the court’s rulings, even those as controversial as the 2000 Bush v. Gore case that settled a presidential election.
                                                “The public now expects presidents to accept decisions of the court, including those that are politically controversial,” he said. “The court has become able to impose a significant check — a legal check — upon the Executive’s actions in cases where the Executive strongly believes it is right.”
                                                  Some of Breyer’s most compelling opinions, it should be noted, have been written in dissent. In 2007, for example, he objected to an opinion by Chief Justice John Roberts rejecting school integration plans in Seattle and Louisville. Roberts said districts could not consider a student’s race when making school assignments to reduce racial isolation throughout the school district.
                                                  “This is a decision that the Court and the Nation will come to regret,” wrote Breyer, whose father, Irving Breyer, was a long-serving school board member in San Francisco. Breyer still wears the wristwatch his father received upon his retirement from the district. Breyer said the Roberts opinion threatened “the promise of” the 1954 Brown v. Board of Education decision.
                                                  Breyer said Tuesday that differences with his colleagues were based on their distinct views of the structure of the Constitution or how they interpreted statutes. He did not refer to instances in which his colleagues themselves have publicly questioned each other’s motives.
                                                    Breyer did allow that sometimes justices weigh public opinion or the future ramifications of a decision. And he acknowledged that the nine are products of their individual backgrounds and experiences.
                                                    Still, he said, “judicial philosophy is not a code word for ‘politics.'”

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