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Hopes Dim for DACA Deal as Lawmakers Battle Over Trump’s Immigration Remarks

January 15, 2018 by  
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The senator, David Perdue of Georgia, also accused another participant in the White House meeting, Senator Richard J. Durbin, Democrat of Illinois, of a “gross misrepresentation” of what the president had said at the session.

Mr. Perdue and another Republican senator at the meeting, Tom Cotton of Arkansas, had previously said they did “not recall the president saying these comments specifically.” But by Sunday, their recollections appeared to have sharpened, and Mr. Cotton joined Mr. Perdue in disputing Mr. Durbin’s account. The two senators’ latest assertions also seemed to conflict with the account of another Republican senator who was at the meeting, Lindsey Graham of South Carolina.

Mr. Trump alluded to those two senators on Sunday night when asked about his immigration remarks. “Did you see what various senators in the room said about my comments?” the president asked. “They weren’t made.”

The rift over Mr. Trump’s comments, and how they have since been recounted, risked further eroding trust between Democrats and Republicans at the beginning of a critical week for Congress. Government funding is set to expire on Friday, and lawmakers will need to pass a stopgap spending measure to avoid a government shutdown on Saturday.

And lawmakers are already facing a difficult fight over the politically volatile subject of immigration, with the fates of hundreds of thousands of young immigrants hanging in the balance. Adding to the uncertain picture for those immigrants, the Trump administration resumed accepting renewals for the program over the weekend, under orders from a federal judge who is hearing a legal challenge to Mr. Trump’s dismantling of the program.

But in Congress, the battle took on an increasingly personal dimension as Mr. Perdue and Mr. Cotton essentially accused Mr. Durbin of lying about the president’s comments, even after the vulgar remarks were widely reported and the White House did not immediately dispute that the president had made them.

“I didn’t hear that word either,” Mr. Cotton said on CBS’s “Face the Nation.” “And I was sitting no further away from Donald Trump than Dick Durbin was.”

Graphic

How Republican Lawmakers Responded to Trump’s Vulgar Immigration Remarks

Reports of the president’s comments prompted outcry from some lawmakers, but they were followed by notable silence from others.


Mr. Cotton said Mr. Durbin “has a history of misrepresenting what happens in White House meetings,” an assertion that Mr. Perdue made in his own interview Sunday morning on ABC’s “This Week.”

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Ben Marter, a spokesman for Mr. Durbin, responded by suggesting that Mr. Perdue and Mr. Cotton should not be believed.

“Credibility is something that’s built by being consistently honest over time,” Mr. Marter wrote on Twitter. “Senator Durbin has it. Senator Perdue does not. Ask anyone who’s dealt with both.”

Mr. Graham had previously told a fellow South Carolina Republican, Senator Tim Scott, that reports in the news media of Mr. Trump’s language were “basically accurate.” A spokesman for Mr. Graham did not respond to a request for comment on Sunday.

Senator Jeff Flake, an Arizona Republican who is part of a bipartisan group of senators that has developed an immigration proposal, said on Sunday that people in the room with Mr. Trump during Thursday’s meeting told him that the president had used the inflammatory language.

“I was in a meeting directly afterwards where those who had presented to the president our proposal spoke about the meeting,” he said on “This Week.” “I heard that account before the account even went public.”

The other lawmakers at the meeting, all Republicans, have not offered any public recollection of what the president said.

The Homeland Security secretary, Kirstjen Nielsen, who also attended the meeting, said on “Fox News Sunday” that she did not recall the president “saying that exact phrase.”

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Mr. Durbin had told reporters on Friday that Mr. Trump called African nations “shitholes,” which Mr. Durbin said was “the exact word used by the president, not just once, but repeatedly.” He called the president’s comments “hate-filled, vile and racist.” At the meeting, Mr. Durbin said Mr. Trump also questioned whether the United States needed more Haitians.

Mr. Graham is said to have admonished the president during the meeting, telling him that “America is an idea, not a race.”

Mr. Trump has a notable style when it comes to professing that he does not harbor prejudice. In 2015, Mr. Trump declared in a television interview that he was “probably the least racist person on earth.” Last year, at a White House news conference, he insisted he was “the least anti-Semitic person that you’ve ever seen in your entire life” as well as “the least racist person.”

The Obama-era program shields from deportation young immigrants who were brought to the United States illegally as children, known as Dreamers. Saying that President Barack Obama had exceeded his authority when he created the program, Mr. Trump moved to end it in September.

He gave Congress six months to find a fix for the program, called Deferred Action for Childhood Arrivals, or DACA.

Democrats have been pushing to secure a deal by Friday’s government funding deadline that would protect Dreamers, hoping to capitalize on the leverage they have as a result of that deadline. Democratic votes will be needed to pass the stopgap spending measure in the Senate, where government funding measures require 60 votes, and Democratic votes might also be needed in the House.

Republican leaders say they want to address DACA as well, but separately from funding the government. Compared with their Democratic counterparts, Republican leaders are operating on a longer time frame for taking action, given the six-month window that Mr. Trump gave Congress. They also have to contend with internal divisions over immigration policy.

The bipartisan group of senators, including Mr. Durbin and Mr. Graham, reached an agreement last week that would provide a path to citizenship for DACA recipients while also providing money for border security and making other changes to immigration policy.

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But Mr. Trump dismissed the proposal, calling it a “big step backwards.” And on Sunday, he offered a pessimistic take on Twitter, writing that DACA was “probably dead” and blaming Democrats. He kept up the finger-pointing when he spoke to reporters on Sunday night.

“We’re ready, willing and able to make a deal on DACA, but I don’t think the Democrats want to make a deal,” Mr. Trump said. “And the folks from DACA should know the Democrats are the ones that aren’t going to make a deal.”

Still, administration officials said they intended to abide by an order from Judge William Alsup of Federal District Court in San Francisco last week to restart the DACA program, with some modifications, while a legal challenge plays out. On Saturday, officials did just that by updating a government website to say that renewal requests were once again being accepted.

But administration officials hope the judge’s decision will be temporary. Officials said the president’s lawyers are examining whether to appeal the order, which could lead to a ruling allowing the administration to shut the program down again. The administration could also choose to modify its legal reasoning to satisfy the judge’s criticisms.

Either way, immigrant rights activists are not counting on legal action to be the ultimate protection for the Dreamers. Several said they believe the only real solution for the hundreds of thousands of young immigrants is to convince Congress to act soon.

The court ruling could lessen the pressure for that kind of action — at least in the short term — since some young immigrants can once again renew their protected status for another two years.

Lawyers and directors of community legal services spent Sunday preparing fact sheets and answering calls that have been flooding their offices.

Most of the calls that Hasan Shafiqullah, the director of the immigration unit of the Legal Aid Society of New York, said he has been receiving started with the burning questions “Is this real? Can I file?”

The answer, for now, he said, is yes. But he is concerned for his clients about another turnabout in the courts.

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“It’s just the emotional roller coaster that our clients are on,” he said.


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Hawaii missile alert: How one employee ‘pushed the wrong button’ and caused a wave of panic

January 15, 2018 by  
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Shortly after 8 a.m. local time Saturday morning, an employee at the Hawaii Emergency Management Agency settled in at the start of his shift. Among his duties that day was to initiate an internal test of the emergency missile warning system: essentially, to practice sending an emergency alert to the public without actually sending it to the public.

It was a drill the agency had started with some regularity last November — around the time Hawaii reinstated its Cold War-era nuclear warning sirens amid growing fears of an attack by North Korea — and so, while the tests were not yet routine enough to be predictable, they were not entirely new either, according to an agency spokesman.

Around 8:05 a.m., the Hawaii emergency employee initiated the internal test, according to a timeline released by the state. From a drop-down menu on a computer program, he saw two options: “Test missile alert” and “Missile alert.” He was supposed to choose the former; as much of the world now knows, he chose the latter, an initiation of a real-life missile alert.

“In this case, the operator selected the wrong menu option,” HEMA spokesman Richard Rapoza told The Washington Post on Sunday.

Around 8:07 a.m., an errant alert went out to scores of Hawaii residents and tourists on their cellphones: “BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL.” A more detailed message scrolled across television screens in Hawaii, suggesting, “If you are indoors, stay indoors. If you are outdoors, seek immediate shelter in a building. Remain indoors well away from windows. If you are driving, pull safely to the side of the road and seek shelter in a building or lay on the floor.”

The false warning sparked a wave of panic as thousands of people, many assuming they had only minutes to live, scrambled to seek shelter and say their final goodbyes to loved ones. The situation was exacerbated by a 38-minute gap between the initial alert and a subsequent wireless alert stating the missile warning was a mistake.

Hours afterward, Hawaii Gov. David Ige (D) apologized for the “pain and confusion” the wayward alert had caused and said it had been “a mistake made during a standard procedure at the changeover of a shift and an employee pushed the wrong button.” But one day after the debacle, more details are emerging about how such a mistake occurred, amid growing calls for accountability and for a close reexamination of the wireless emergency alert system.


On Sunday, Federal Communications Commission Chairman Ajit Pai called the false alert “absolutely unacceptable” and said a full investigation was “well underway.” At least initially, Pai seemed to cast blame on state-level officials for the error.

“Based on the information we have collected so far, it appears that the government of Hawaii did not have reasonable safeguards or process controls in place to prevent the transmission of a false alert,” Pai said in a statement. “Federal, state, and local officials throughout the country need to work together to identify any vulnerabilities to false alerts and do what’s necessary to fix them. We also must ensure that corrections are issued immediately in the event that a false alert does go out.”

Pai did not elaborate on what safeguards or process controls were lacking in Hawaii that might typically be in place elsewhere. Wireless emergency alerts are dispatched during critical emergency situations — to warn the public of dangerous weather, missing children and security threats — and are a partnership of the FCC, FEMA and the wireless industry. While the FCC establishes rules and regulations surrounding emergency alerting, responsibility for sending those messages typically falls to emergency management officials.

Part of what worsened the situation Saturday was that there was no system in place at the state emergency agency for correcting the error, Rapoza said. The state agency had standing permission through FEMA to use civil warning systems to send out the missile alert — but not to send out a subsequent false alarm alert, he said.

Though the Hawaii Emergency Management Agency posted a follow-up tweet at 8:20 a.m. saying there was “NO missile threat,” it wouldn’t be until 8:45 a.m. that a subsequent cellphone alert was sent telling people to stand down.

“We had to double back and work with FEMA [to craft and approve the false alarm alert] and that’s what took time,” Rapoza said.

That has since been remedied, he said, with a cancellation option that can be triggered within seconds of a mistake.

“In the past there was no cancellation button. There was no false alarm button at all,” Rapoza said. “Now there is a command to issue a message immediately that goes over on the same system saying ‘It’s a false alarm. Please disregard.’ as soon as the mistake is identified.”

The Hawaii Emergency Management Agency said it has also suspended all internal drills until the investigation is completed. In addition, it has put in place a “two-person activation/verification rule” for tests and actual missile launch notifications. On Saturday, Ripoza said, the employee was asked in the computer program to confirm that he wanted to send the message. In the future, a second person will be required for confirmation.

The agency said it would issue a preliminary report of findings and corrective actions next week. The employee in question has been temporarily reassigned, Rapoza said, but there are no plans to fire him.

“Part of the problem was it was too easy — for anyone — to make such a big mistake,” Rapoza said. “We have to make sure that we’re not looking for retribution, but we should be fixing the problems in the system. . . . I know that it’s a very, very difficult situation for him.”

The errant alert had sparked angry responses by state and federal officials for more accountability over the emergency alert system. On Saturday, Sen. Brian Schatz (D-Hawaii) blasted the false alarm as “totally inexcusable” and called for the process to be fixed.

“This system failed miserably and we need to start over,” Schatz tweeted. On Sunday, he indicated he would be open to drafting legislation to change the notification system if necessary.

Other Hawaii leaders focused not on the alert system but on the growing tensions between the United States and North Korea that had fueled fears of a nuclear strike in the first place. On CNN’s “State of the Union” Sunday, Rep. Tulsi Gabbard (D-Hawaii) criticized President Trump for not taking the threat of nuclear war seriously enough and urged him to engage North Korean leaders in serious negotiations to denuclearize.

The mistaken alert was sent Saturday while the president was at Trump International Golf Club near his vacation home in Palm Beach, Fla., although it was not clear whether he was on the golf course at the time.

A White House official said Trump was quickly briefed by deputy national security adviser Ricky L. Waddell, who accompanied Trump from Washington. He later discussed the episode with National Security Adviser H.R. McMaster and White House Chief of Staff John F. Kelly, the official said.

The federal government keeps track of North Korean launches through several means, including satellite surveillance, and officials around Trump would have known that no missile was detected.

Trump was not seen in public Saturday, and he issued no statements about the incident.

The only public mention of the incident came from deputy White House Press Secretary Lindsay Walters, who made clear that the federal government was not involved.

“The president has been briefed on the state of Hawaii’s emergency management exercise. This was purely a state exercise,” Walters said.

Walters also accompanied Trump to Florida.

While there is no protocol that applies directly to such a mistake, past presidents have often weighed in to reassure the public at times of stress or threat. ​

Anne Gearan, Todd C. Frankel and Brian Fung contributed to this report.

Read more:

CDC postpones session on ‘preparing for the unthinkable’: a nuclear blast

‘Is this the end of my life?’: False alert of missile attack sends Hawaii scrambling

What to do in case of a nuclear attack

Perspective: A bomb is just minutes from destroying your world. Now what?

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