This is the third edition of the Biden Tracking Weekly newsletter. This week, we got lots of news on the Biden administration forcing rail workers to accept a labor contract, new statistics on family separation by the Biden administration, and the Biden administration proposing Trump-era immigration policies. It is Monday, December 5th, Day 685 of the Biden presidency.
There was no Biden Tracking Newsletter last week because of Thanksgiving, so unlike my first two newsletters, this covers two weeks of Biden-related news.
The theme of the last 14 days has been abundantly clear. Rail unions.
On Monday, November 21st, day 671 of the Biden presidency, the largest rail union in the country, SMART-TD, voted against the tentative labor agreement brokered by the Biden administration. The vote set a strike for December 9th and forced the Biden administration’s hand.
A week later, on November 28th, day 678 of the Biden presidency, the Biden administration asked Congress to pass legislation that would force rail workers to accept the tentative agreement. The Biden admin’s argument was that an economic shutdown caused by a strike would be debilitating to our economy. But isn’t that the point of a strike? The entire statement is worth a read, but what I found most interesting was:
“Some in Congress want to modify the deal to either improve it for labor or for management. However well-intentioned, any changes would risk delay and a debilitating shutdown. The agreement was reached in good faith by both sides.”
Let’s address the last statement first. 4 rail unions, including the largest, voted against the agreement. How can the Biden administration argue that the agreement was reached in good faith when unions voted against it? It may have been negotiated in sort-of good faith by rail union leaders and rail companies, but the workers rejected it, and that is all that matters. But, maybe most importantly, these rail companies knew that congress was going to intervene. Ken Klippenstein did a terrific Twitter thread on this. These companies had no reason to negotiate in good faith, especially after the rail unions voted against the agreement because they knew congress would support the pro-corporate tentative agreement that didn’t include paid sick days. The larger sentiment is also puzzling. The Biden admin didn’t have to make the statement. All they had to say was “it is imperative that this legislation is on my desk by Saturday.” By specifically asking Congress not to modify the deal, which was such a bad decision Congress defied him within hours, the Biden admin proved that they cared much more about the economy than the workers who run it.
In the end, despite getting the majority of votes, paid sick leave failed in the Senate. Republicans filibustered and the bill was unable to get 60 votes. President Biden has been very clear on his unwavering support of the filibuster, so he was no help there either. Biden signed the bill on Friday, December 2nd, day 682 of the Biden presidency, touting the raises workers would be getting and glossing over the lack of paid sick leave. When he was asked by shouting reporters “how soon should rail workers expect sick days,” he responded, “as soon as I can convince our Republicans to see the light.” But this misses the point.
I believe it was David Dayen, the executive editor of The Prospect, who uncovered the easiest way the Biden administration could give paid sick leave to rail workers, without Republican votes. In 2015, the Obama administration signed an executive order requiring federal contractors to guarantee ]paid sick days to their workers, but there was an important caveat, rail workers. To fix this problem, all the Biden administration needs to do is add rail workers to this executive order, no republican votes needed. Hopefully, Biden’s response to that question on Friday was a response out of ignorance. Because if the Biden administration truly cared about workers, they wouldn’t hesitate to extend these protections.
While Rail union news dominated the news cycle (and my Twitter feed) this week, that’s not all the news that broke the last two weeks…
Monday, November 21st (Day 671)
372 Cases of Family Separation Under President Biden
On Monday, the Texas Observer reported that under President Biden there have been 372 cases of family separation. The program, created under the Trump administration, separates children from parents or guardians with whom they entered the United States. The Biden administration pledged to end family separation, reunite families, and offer reparations to families separated. While the Biden administration has reunited some families, they have failed to end the separation and offer reparations.
Biden Administration Approves Plan For Nation’s Largest Oil Export Terminal
On Monday, Biden approved plans for the nation’s largest oil export terminal off the Gulf Coast of Texas. The terminal will add 2 million barrels per day to the U.S. oil export capacity. The plan will result in a substantial setback to the White House’s goals for drastic cuts in carbon emissions. In July, the Maritime Administration’s 890-page impact statement said oil processed at the Sea Port Oil Terminal would create greenhouse gas emissions equal to 233 million tons of carbon dioxide per year (about 4% of total 2020 U.S. emissions).
Tuesday, November 22nd (Day 672)
Biden Administration Extends Student Loan Payment Pause
Following political pressure, on Tuesday the Biden administration officially announced that they would be extending the student loan payment pause. The length of the extension is dependent on what happens in the Supreme Court. If the court overturns a lower court's ruling and allows the Biden administration to implement its student loan relief plan, the payment pause would end 60 days following the implementation of student debt relief. If the court rules against the Biden administration, and the Biden administration cannot find another way to pass student debt relief, the payment pause will end on August 29, 2022. This was a pretty obvious move for the Biden administration. Student debt relief is an incredibly popular policy, especially among young people. Later in the week, we learned that the Supreme Court will hear this case in February 2022. Suggesting the earliest possible end to the student loan payment pause will be April 2022.
Tuesday, November 29th (Day 679)
Biden Administration Considers Trump Era Immigration Policies
On Tuesday, Axios reported that the Biden administration was considering using Trump-era immigration policies to deal with an influx of expected migrants following the end of Title 42. One proposal reportedly being considered would bar from asylum single adults who illegally cross the border and have not first applied for legal pathways offered by the U.S. or protection in other countries they traveled through. This, in my opinion, would be a blatant violation of international law. However, it is important to establish that these are proposals, and nothing has been finalized yet by the Biden administration. This reporting has also been subsequently picked up by other news outlets, including the New York Times and Wall Street Journal, suggesting that to me that there is one source or one group sharing these scoops.
Saturday, December 3rd (Day 683)
Biden Administration will not Retaliate Against Saudi Arabia for Cutting Oil Production
Despite promises, on Saturday NBC News reported that the Biden Administration was no longer considering significant retaliatory actions against Saudi Arabia for cutting oil production. In October, the Biden administration promised “consequences” against the Kingdom for such actions. The Biden administration is once again proving that strong relations with the corrupt state are more important than promises.