Did the Biden Administration Ban Transgender Athletes from Participating in Sports? (BTN #17)
Biden Tracking Newsletter #17 Day 804 (4/3) through Day 817 (4/16)
This is the seventeenth edition of the Biden Tracking newsletter. In the last two weeks, the Biden Administration proposed a rule that could allow schools to ban Transgender athletes under certain circumstances, ended the COVID-19 national emergency, and approved a new large Alaskan gas project. Today is Monday, April 17th, 2023, day 818 of the Biden Presidency.
If you’re interested in learning more about topics in my newsletter, everything underlined contains a link to a news article that goes into further detail on the subject.
Monday, April 3rd (Day 804)
Biden’s Likely Nominee for a U.S. Attorney Spot Violated the Constitution Multiple Times
On Monday, we learned that the Biden Administration will likely nominate Keva Landrum to be the U.S. attorney for the Eastern District of Louisiana. While she was a judge in New Orleans she participated in what activists call a “modern-day debtors’ prison” by arbitrarily jailing thousands in New Orleans for failing to pay excessive fines that were used to fund the budget of Landrum’s office. A federal court determined the scheme had violated citizens’ 14th Amendment rights, Landrum was chief justice of the court at the time. Separately in 2016, the Supreme Court ruled that Landrum violated the Constitution by allowing nearly a dozen Black people to be struck from jury service in her courtroom. The nomination of Landrum once again represents the Biden Administration backing away from its criminal justice reform promises made in 2020.
Thursday, April 6th (Day 807)
On Thursday, April 6th the Washington Post reported that the Biden Administration had proposed new regulations that would allow schools to bar transgender athletes from participating in competitive high school and college sports, but would disallow blanket bans on the athletes. Though, the rules would decrease when discrimination of trans athletes would be permitted. Under the proposal, schools would need to consider a range of factors before imposing a ban on trans athletes and would need to justify it based on educational grounds, such as the need for fairness. The Washington Post article itself caused controversy as many argued that it misrepresented the Biden Administration’s actions. The initial version of the article seemed to suggest that the Biden Administration would allow schools to ban Transgender athletes for any reason. A revised version, that I described, made it clear that there would still be guidelines for when a ban would be allowed. That being said, many Transgender activists argued that the policy, while well-intentioned, may offer a new way for bad actors to introduce discriminatory policies against transgender people. The public still has an opportunity to officially comment on the policy before it becomes enacted.
Friday, April 7th (Day 808)
The Biden Administration Brings Back Another Trump-era Border Policy
On Friday, April 7th the Associated Press reported that the Biden Administration would be bringing back a Trump-era policy where Asylum seekers are screened while in custody, though with access to legal counsel. The hope for the Biden Administration is that these “expedited screenings” will help reduce the large backlog of Asylum cases. However, activists say that these expedited screenings will be rushed and will not allow asylum-seekers to properly explain their asylum claims. Activists worry that prioritizing speed over thoroughness will cause asylum-seekers to have their claims unfairly rejected.
Monday, April 10th (Day 811)
Biden Signs Bill Ending COVID-19 National Emergency
On Monday President Biden signed the GOP-led bill that officially ended the COVID-19 national emergency, though the COVID-19 Public Health emergency remains in place. The White House did say that ending the emergency, which it did by signing the bill, would “create wide-ranging chaos and uncertainty throughout the health care system.” One other immediate effect of the signing will be the end the use of some waivers for federal health programs meant to help healthcare providers during the height of the pandemic. The Biden Administration plans to end the Public Health emergency, which will affect more federal COVID programs, on May 11th.
Tuesday, April 11th (Day 812)
On April 11th, CBS News put out an interesting report on the use of the CBP One App at the border, which has become the only way Asylum-seekers can get an appointment. According to the report, more than 60,000 asylum-seekers have secured appointments since the apps roll out in mid-January, mostly from Venezuela, Haiti, Russia, Mexico, Honduras, Cuba, Chile, and Brazil. According to the reporting, only 740 people are allowed to receive appointments daily through the app, though the Biden Administration does plan on increasing that to 1,000 people daily soon. Activists argue that the small number of appointments goes fast, and many people are stuck in Mexico for long periods waiting for an appointment. The app also doesn’t prioritize cases of more urgency, like the cases of people victimized in Mexico or who have been waiting there the longest. It is also essentially inaccessible to illiterate asylum-seekers, or Asylum seekers who can’t afford a phone or have access to the Internet. Though the Department of Homeland Security did claim that "CBP is not seeing any discernible difference or indication that any particular group is being disadvantaged based on the number of applications." The app currently allows for finding appointments for exceptions to Title 42, one of which is the broad exception of not being able to find safe refuge in Mexico. But soon, the app will be under the restrictions of the tougher new Asylum “transit ban” which, with limited exceptions, will bar Asylum-seekers from using the app if they haven’t first sought asylum in a third country en route to the U.S.
Wednesday, April 12th (Day 813)
The Biden Administration Will no Longer allow Asylum Officers to Grant Asylum
On Wednesday the Los Angeles Times reported that the Biden Administration will no longer allow asylum officers to grant and deny asylum to migrants at the southern border. The Administration says that the move is just “a temporary measure designed to ensure that the country’s immigration agencies are prepared for a potential increase in border crossings after the end of Title 42.” The policy will mean a “pause” in sending migrants to asylum officers for processing. Now, only immigration judges will be able to grant Asylum, which activists argue will make it even harder and lengthier for Asylum seekers to gain Asylum.
Friday, April 14th (Day 815)
The Biden Administration Approves Another Large Alaskan Gas Project
On Friday the Guardian reported that the Biden Administration had approved the Alaska liquefied natural gas (LNG) project which will create a new liquefaction facility and a 807-mile (1,300-km) pipeline to move gas stranded in northern Alaska across the state. The Biden Administration did prohibit venting the greenhouse gas carbon dioxide associated with the project into the atmosphere. Climate Action Trackers say an expansion of LNG terminals, like this one, would keep carbon emissions above levels needed for net zero. In an environmental review, the Biden Administration concluded the project has economic and international security benefits and that opponents had failed to show the exports were not in the “public interest”.
Other News: