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Dec. 08, 2024 06:05PM EST
Dec. 04, 2020 11:40PM EST
Federal judge orders Trump administration to restore DACA
A federal judge on Friday ordered the Trump administration to fully restore the Deferred Action for Childhood Arrivals program, giving undocumented immigrants who arrived in the U.S. as children a chance to petition for protection from deportation.
Why it matters: DACA was implemented under former President Obama, but President Trump has sought to undo the program since taking office. Friday’s ruling will require Department of Homeland Security officers to begin accepting applications starting Monday and guarantee that work permits are valid for two years.
The big picture: Roughly 640,000 immigrants are enrolled in the DACA program. The Trump administration has argued that the Obama-era program was an overreach of executive power.
- Multiple courts have prevented the Trump administration from ending the program in its entirety, before the Supreme Court ruled in June that the Trump administration violated federal administrative law in its attempt to terminate the program.
- In July, Acting DHS Secretary Chad Wolf closed the program to new applicants and shortened the period of work permits and protections from two years to one.
- U.S. District Court Judge Nicholas Garaufis, who handed down Friday’s decision, previously ruled that Wolf’s appointment violated the Homeland Security Act of 2002, concluding that Wolf had no legal authority to implement his July mandates.
- The Government Availability Office also found Wolf’s appointment invalid.
- Immigration advocates anticipated that President-elect Joe Biden would use executive action to bolster DACA even as the courts consider its validity.
But, but, but: Immigrants often referred to as “'dreamers' are not necessarily in the clear," the Washington Post notes.
- Attorneys general in multiple states have asked a federal judge to rule that DACA is unlawful.
What they’re saying: "Today's ruling opens the door for more than 1 million immigrant youth who have been unfairly denied their chance to apply for DACA and secure their future in this country," Karen Tumlin, one of the lawyers representing DACA recipients and applicants, told CBS News. "Our brave plaintiffs have said from the beginning of this lawsuit that their home is here, and the court rightly recognized that today."
- "The court reserves the right to impose further remedies if they become necessary," Garaufis wrote in his decision.
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Jan. 27, 2021 05:31PM EST
The uncomfortable reality of American cyber espionage
American outrage over foreign cyber espionage, like Russia's SolarWinds hack, obscures the uncomfortable reality that the U.S. secretly does just the same thing to other countries.
Why it matters: Secrecy is often necessary in cyber spying to protect sources and methods, preserve strategic edges that may stem from purloined information, and prevent diplomatic incidents.
- But when the U.S. is only portrayed as a victim of nation-state cyber activity and not as a perpetrator in its own right, it creates a false impression of the state of play and invites calls for vengeance that could prove misguided or self-defeating.
The big picture: The U.S. is stronger in cyberspace than any other country, with world-spanning digital snooping capabilities, buttressed by American technological ingenuity and some of the planet’s most talented hackers and daring overseas operators.
- Yet hacking performed by the U.S. — or our Five Eyes allies — is artificially hidden from view. Not only do U.S. officials not disclose it, neither do most private threat intelligence firms (insofar as they have insight), for reasons of patriotism, pedigree and profit.
Generally, only foreign-owned private cyber firms like the Russia-based Kaspersky, the object of deep distrust by U.S. intelligence officials, have treated U.S. threat actors like others: by naming them, describing their targets, and detailing their tactics, techniques and procedures.
Between the lines: The greater visibility, and heated rhetoric, surrounding cyber operations targeting the U.S. leads to more ink being spilled on the subject, which, in an escalatory spiral, further raises the public temperature.
- Many within the halls of government — including in Congress, where most lawmakers are not regularly privy to classified information regarding U.S. government hacking — are also taking their cues from public reporting.
- That means U.S. officials are themselves absorbing, and then often further amplifying, this distorted view.
Even when officials do acknowledge American cyber spying, it's often in coded language or to describe a specific subset of U.S. actions.
- Officials will talk of "defending forward" — that is, U.S. activity meant to raise the costs for adversaries to be successful in cyberspace — rather than speaking clearly and frankly about cyber espionage for traditional intelligence collection purposes.
Yes, but: "Russia launched SolarWinds — the latest in a long series of hostile Russian cyber operations — not because the U.S. has engaged too proactively in cyberspace," Gary Corn, a former senior Cyber Command official, wrote in Lawfare. "Quite the opposite; it did so, very simply, because it could."
- The U.S.' own cyber operations neither explains nor justifies the actions or motivations of America’s adversaries. But a clearer public understanding of what the U.S. does in cyberspace would mean a clearer understanding of what other countries are up to.
The most measured reactions to SolarWinds have therefore often come from top U.S. intelligence officials, who know too much about the country’s own activities to pretend otherwise.
- So while lawmakers like Sens. Dick Durbin (D-Ill.) and Mitt Romney (R-Utah) compared SolarWinds to a Russian act of war, current and former intel officials were more muted.
"Good on them, bad on us," said former acting CIA director Michael Morell to news of the Russian hack. Morell emphasized that SolarWinds appears to have "just" been espionage and not, apparently, some type of prelude to destruction.
- Paul Kolbe, a former senior CIA official, decried the “indignant howling” over SolarWinds in a provocative and clear-eyed essay in the New York Times.
- In a statement about the hack, CISA, FBI, NSA and ODNI also underlined their assessment that SolarWinds “was, and continues to be, an intelligence gathering effort.”
The bottom line: The question isn’t whether U.S. cyber operators are, for example, targeting major Russian government agencies, but how successful these ventures have been and continue to be.
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Dec. 08, 2024 10:04PM EST



