RECA faces sunset June 10 while its future remains in limbo - By Danielle Prokop, Source New Mexico
Republican House leadership flip-flopped on a program to compensate people the federal government exposed to radiation, as advocates held their stance that now is the best chance to adopt an expansion in the program.
On Wednesday, Speaker Mike Johnson (R-Louisiana) and Majority Leader Steve Scalise (R-California) announced they intended to only continue the Radiation Exposure and Compensation Act for two years and would not support adding people from Missouri, New Mexico and elsewhere.
In a statement, Johnson said he would not support the expansion passed by the Senate because it was too expensive and didn’t include enough support from the Senate GOP.
“Unfortunately, the current Senate bill is estimated to cost $50-60 billion in new mandatory spending with no offsets and was supported by only 20 of 49 Republicans in the Senate,” a spokesperson for the Speaker’s office gave to Source NM.
Then, Johnson and Scalise walked back the decision to keep RECA as is and pulled a motion from the House calendar on Wednesday evening, citing conversations with Rep. Anne Wagner (R-Missouri).
However, it’s unclear from Johnson’s statements if any vote will be held on RECA before the fund is set to expire on June 10. His office did not respond to follow up questions clarifying his position on RECA.
Advocates meanwhile are reframing this latest hurdle as another opportunity that could actually lead to New Mexicans and others across the country joining the RECA program and receive some justice for the generational harms caused by the U.S. atomic program.
WHAT IS AT STAKE
Adopted in 1990, RECA is a fund set up by the federal government to pay lump-sum payments for people exposed to radiation and their descendents during decades of above-ground nuclear tests in the American West.
Currently, the program only applies to uranium workers before 1971. It also helps civilians in specific counties of Utah, Arizona and Nevada and federal workers at nuclear test sites.
A lot of people remain excluded.
This includes St. Louis communities used as dumping grounds for Manhattan Project Waste, Southern New Mexicans who lived near the Trinity Site, uranium workers after 1971 or the others living “downwind” of nuclear testing sites.
These communities, while experiencing cancers, diseases, deaths and more, have been neither recognized, nor compensated.
Their chance to be recognized is held in proposed legislation before the House which seeks to increase the scope and life of the program.
S. 3853 which passed the Senate in a 69-30 vote in March was carried by Missouri and New Mexico Congressmembers. The bill would incorporate the entire states of Nevada, Utah and Arizona, and further expands RECA to cover people in Idaho, Montana, Colorado, New Mexico and Guam. Uranium workers and their descendants on the Navajo Nation and Laguna Pueblo who worked after 1971 would also then be eligible for lump-sum payments for health care.
HOUSE SPEAKER PLAYS REVERSE CARD
The reversal by Rep. Johnson exposes a tension: do advocates who’ve been fighting for inclusion opt to keep the current limited program, or continue to fight for expansion?
It’s time to fight for a more-inclusive RECA, said Tina Cordova, a longtime advocate for Southern New Mexicans and their families suffering from radiation exposure after the first nuclear test at the Trinity Site.
“That two-year extension was going to do nothing, but take away that momentum we’ve built,” she said.
Advocates accepted a two year extension of the program in 2022, she said, because there didn’t feel like a better alternative. She said with bipartisan support, the stakes are higher in 2024.
“We can’t allow them to pass an extension and think they’re going to move us along,” she said. We knew what it was, it’s a further extension of the injustice done to so many people.”
Cordova, a cancer survivor, said that while the RECA fund is set to expire in June, that lawmakers said they can offer small extensions while negotiating the expansion under the Senate bill.
“In the last two years, we’ve lost so many people,” she said. “What’s worse is that more people are dying all the time, waiting.”
Rep. Teresa Leger Fernández (D-N.M.) told Source NM Wednesday that Johnson’s move to pull the extension bill that excluded so many was the right thing. But that view relies on the House bringing forward the expansion proposal passed by the Senate.
“Let’s vote on the bipartisan expansion bill that gives all victims of radiation exposure compensation before any more die,” Leger Fernández said in a statement.
Leger Fernández said Johnson’s focus on costs ignores the injustice of harms caused by building and testing nuclear bombs, in New Mexico and elsewhere.
“Continuously pointing to the bill’s cost without good-faith negotiations is an additional insult on top of denying justice to radiation-exposed victims,” she wrote.
Senator Martin Heinrich (D-N.M.) said Tuesday that Congress cannot let the RECA program expire.
“The Tularosa downwinders and uranium miners have experienced the real-life costs of radiation exposure for generations. They don’t need lectures now on ‘costs’ from House Republicans; they need RECA reauthorized and expanded,” Heinrich said in a written statement. “It’s long overdue for the House to take up and pass our legislation to get this done.”
Last week, Sen. Mike Lee (R-Utah) brought forward an extension which would have admitted New Mexico and Missouri communities into the program. It failed after the objections of Republican Sen. Josh Hawley from Missouri and Sen. Ben Ray Luján (D-N.M.), who co-sponsored the RECA expansion bill.
“I want to be clear. I will not consent to any short-term stopgap, any half- way measure. I will not give my consent to it,” Hawley said on the floor.
Luján said Lee’s bill was an “attempt to undermine the strong bipartisan coalition,” which passed the RECA expansion, and said he believed there was support in the House.
Downwinders from Utah and beyond criticized Lee’s bill, saying that lawmakers were denying fallout had affected constituents across the state.
After the measure’s failure, Lee said “We have got to deal with this. I will be back.”
Cordova said she fully supported Luján and Hawley’s rejection of RECA expanding to only New Mexico and Missouri in Lee’s proposal, saying it is a point of solidarity with other downwinders.
“I fully trust that we will get the extension in the end, if necessary,” she said.
In a statement, Adán Serna, spokesperson for Luján said the Senator is considering “all possible options” to keep the RECA program alive, including potentially bringing an extension.
But focus is on what the House will do with the Senate legislation.
“The best possible option to strengthen RECA and provide justice for victims is for the House to pass the standalone bill,” Serna said.
BLM buys about 3,700 acres of land adjacent to Río Grande del Norte National Monument in New Mexico - Associated Press
The U.S. Bureau of Land Management announced the acquisition Thursday of about 3,700 acres (1,497 hectares) of land adjacent to the Río Grande del Norte National Monument in northern New Mexico near the Colorado border.
BLM officials said the agency plans to expand public access and recreation opportunities in and around the national monument that already spans more than 242,000 acres (97,934 hectares) and is home to critical wildlife habitat and special status species.
The property is located six miles (10 kilometers) southwest of Taos.
BLM bought the land from the Trust for Public Land nonprofit using funding from the Land and Water Conservation Fund.
The Trust for Public Land group said in a news release that the deal was for $16.6 million.
The Río Grande del Norte National Monument was proclaimed a national monument in 2013 by then-President Barack Obama.
The BLM manages more than 245 million acres of public land located primarily in 12 western states including Alaska.
Stansbury outlines funding secured for early childhood and youth services programs - By Susan Dunlap, New Mexico Political Report
U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding.
Stansbury, a Democrat, announced this funding during a press conference at Youth Development, Inc., one of the funding recipients, along with several Tribal leaders and a representative from the city of Albuquerque. The money will go toward supporting early childhood development projects and programs on some Tribal land, a youth intervention program in Albuquerque and to help youth transition out of institutional care through federal community project funding.
Stansbury said she requests federal dollars every year for 10 to 15 projects. This year she focused on early childhood education. She and other members of New Mexico’s congressional leadership realized that while there is more spending for early childhood education programs, there is not “sufficient funding for capital projects.”
Stansbury said one of the funding recipients will be the city of Albuquerque, which is planning a young adult campus to help youth transition out of transitional care. Gilbert Ramirez, Albuquerque director of Health, Housing and Homelessness, said the city purchased the new facility for the campus earlier in May.
He said the federal funding will help the young adult campus provide wrap-around services, including housing navigation and transitional support “to make sure they enter into a more stable pathway to adulthood.”
He said that when children grow up within institutionalized care, such as foster care or housing shelters or through incarceration, they often struggle when they age out of these systems.
Stansbury said the funding is important because one in five children in New Mexico face food insecurity and New Mexico, historically, has ranked at the bottom for child well-being and education for several years.
She said there is a renaissance of investment in children. The state created a government agency, the Early Childhood Care and Education Department, in 2020 to improve early childhood education. The legislature passed a bill in 2022, which allowed a constitutional amendment to go before voters. The amendment received voter approval in the 2022 election to increase the distribution of the Permanent Land Grant Fund to improve state funding for early childcare education.
“We have a lot of grit, determination and resilience. But what we don’t have a lot of is resources,” Stansbury said.
Robert Chavez, president of Youth Development, Inc., said the funding will also enable YDI to increase services for youth aging out of foster care or exiting out of incarceration or shelters who don’t have a place to stay.
Sandia Pueblo Governor Felix Chaves said the money Sandia Pueblo will receive will be used to build a new child development center for children who face challenges. He told NM Political Report that the original building to provide a day school was built in the 1950s and it provided an education to 10 children.
He said the pueblo grew into its current facility, which currently provides housing and education to 30 or more children. He said the Pueblo offers an emergent language program for the children to help the pueblo to keep its language alive.
“This investment is an opportunity to help us grow. We’re struggling like the rest of the world with regard to educating our children. We need that little bit of money to increase our children’s opportunity to compete in the world today,” he said.
Gabe Aquilar, Mescalero Apache tribal council member, said the funding Mescalero Apache will receive will help the tribe expand services to children who face learning disadvantages.
“This will help them in expanding in learning so they have all the tools they need to succeed,” he said.
Michael Canfield, president and chief executive officer of Indian Pueblo Cultural Center in Albuquerque—which is owned by 19 Pueblo communities— said the center looks at the funding opportunity from a workforce perspective.
He said the center is home to 600 people, many of whom need affordable daycare in order to join the workforce.
Stansbury said two groups that would receive funding but could not send a representative to the press conference are the Black Leadership Council, which would use its funding to help build a new center in the International District to serve young people. There is also funding for an educational development program to better serve young people in Lincoln County.
Vote on BernCo Behavioral Health Authority delayed after outpouring of public comment - Damon Scott, City Desk ABQ
This story was originally published by City Desk ABQ
A month ago, Bernalillo County officials hoped for feedback from city and county residents on the proposed creation of a Behavioral Health Authority and how it should operate in their communities.
At its meeting Tuesday, the Board of County Commissioners said the volume of public comments it received exceeded expectations, and due to the wide range of issues the authority seeks to address, it unanimously decided to allow more time for comments by deferring a vote on the proposed ordinance until June 25.
“In April, we said we wanted to make sure we got public comment, and you’ll see that we listened and made some changes [to the ordinance],” said Commissioner Adriann Barboa, cosponsor of the ordinance with Commissioner Eric Olivas. “I’m grateful for everyone that has given their time to influence this ordinance over the 30-day-plus comment period.”
Barboa said the county received feedback from close to 200 people through oral and written comments. In addition, she said the ordinance made the rounds among the county’s Behavioral Health Initiative steering committee, city of Albuquerque departments like Albuquerque Community Safety, the city-county Homeless Coordinating Council and Albuquerque Public Schools, among others.
“I feel super confident about this policy now that so many folks have been able to give input,” Barboa said, adding that the deferred vote was also needed to ensure additional changes were incorporated. “I’m really excited to pass this, but I also want to make sure we get it right.”
Officials said an authority was needed to help unify the county’s behavioral health efforts that are currently spread across multiple departments. The proposed agency would place services together and assist in better coordination between the state, city of Albuquerque, nonprofits and providers, and educational institutions like APS and the University of New Mexico, among others.
Commissioners recently hired Wayne Lindstrom to serve as the deputy county manager of the authority — overseeing the funding of critically needed behavioral health services under the county’s Behavioral Health Initiative (BHI). The BHI funds programs and services for those experiencing severe mental illness, substance abuse and addiction, housing insecurity and homelessness. It was created a decade ago through a one-eighth percent gross receipts tax to raise millions of dollars to improve access to mental and behavioral health care services.
Olivas said that while he knew the public would weigh-in on the ordinance, he was a bit surprised by the high interest.
“I’ve never actually really seen that happen before. It’s a very rare thing. It’s a genuine thing,” he said at Tuesday’s meeting. “It was just incredible to see the community come out, and I think it’s also illustrative of how important this issue is to the community, because the community shows up when something drives it to show up.”
During the meeting’s public comments, a woman who identified herself as a nurse with 20 years of experience said she supported the goals of the ordinance.
“Ensuring that the county has exceptional services for mental and behavioral health and substance abuse treatment would drastically reduce the long term societal and monetary impact on local communities and governments,” she said. “The proposed ordinance will surely improve the quality of life issues for our unhoused and housed. Long term comprehensive services are vital to improve outcomes in case management, employment support and in some cases permanent supportive housing.”
Read the ordinance here; make a public comment before June 25 here; and view Tuesday’s meeting here.
Los Ranchos board OKs trying to stop partially-finished affordable housing complex - Albuquerque Journal, KUNM News
The Los Ranchos board of trustees voted last night to seek a court injunction to halt a three-story affordable housing complex that has gotten considerable pushback from village residents.
The Albuquerque Journal reports the meeting was the first since the death of Mayor Joe Craig, who won election in November as a proponent of open space and a staunch critic of the Village Center development.
The four-member board voted 2-1 to pursue the injunction, with Trustee Gilbert Benavides in opposition. Trustee George Radnovich [RAD-no-vich] recused himself due to his company’s past involvement in the project. Both men were on the board when the project broke ground.
Benavides said he believes the under-construction project would remain standing if the injunction was granted, and the village could open itself up to liability for millions in damages.
Earlier this month, a judge ruled a previous board violated the state's Open Meetings Act when it approved the project.
A moment of silence was held at the beginning of the meeting for Craig, who died last week. Village attorney Bill Chappell says it will be up to the board to appoint the next mayor.
CORRECTION, 6/4: This story has been corrected to reflect that Benavides and Radnovich were not on the Board of Trustees that approved the project.
Public officials grapple with threats, raising questions about local democracy - By Justin Garcia, The Las Cruces Bulletin
This story was originally published by The Las Cruces Bulletin.
A voicemail ends with a death threat. Racist hate spewed in a phone call. An unknown car parked outside the house. Social media posts calling for summary execution.
Threats of violence like these are well-suited for political thrillers. They evoke the high drama of a fictional character forced to choose between their safety and their beliefs. But it’s become something of a reality for public officials in 2024.
Elected officials interviewed by the Las Cruces Bulletin said they face a growing trend of threats and intimidation. The intimidation, which often comes via electronic media, is part of a nationwide drift toward political violence, national data shows. And the targets are most often against officials from marginalized communities.
With a growing specter of violence, questions about democratic participation emerge as well. Local officials told the Bulletin that the experiences have made them reconsider—or at least reassess—their position in government. The result, however, is a greater resolve and conviction.
“There’s definitely pieces of paranoia that are there,” said Johana Bencomo, a Las Cruces city councilor who recently received a death threat. “But I’m also feeling righteous anger. I’m not going to allow myself to be intimidated — because that’s what the intent is.”
INTIMIDATION AS POLITICS IN AMERICA
A January report by the Brennan Center for Justice, which surveyed elected officials from around the U.S., shed light on the situation nationwide.
Researchers found that threats and intimidation of local officials had risen sharply. The report found that:
- 43 percent of state legislators experienced threats.
- 18 percent of local officeholders experienced threats.
- 38 percent of state legislators reported that the amount of abuse they experience has increased since first taking public office, while only 16 percent reported that it has decreased.
- 29 percent of state legislators reported that the seriousness of the incidents has increased, while only 12 percent reported that it has decreased.
The report also found women and people of color were experiencing more threats compared to their colleagues.
Intimidation and threats – especially against people from marginalized groups – reduce participation in democratic government in both historical and contemporary contexts, academic research shows. The Brennan Center report found that more than 40 percent of officeholders who’d experienced threats or violence were less likely to stay in office.
“For women, the rates of possible attrition are higher, with approximately half saying they were less willing to continue serving,” the report said.
The report also noted the downstream effects of intimidation. For example, about 20 percent of state officeholders and 40 percent of local officeholders acknowledged they were less willing to work on controversial topics because of fear.
Fifty-three percent of state legislators believed that abuse had deterred their colleagues from taking on controversial topics. About 23 percent of state legislators in the report said they were less likely to hold events in public spaces, limiting crucial public access to their representation.
‘AND I WILL KILL YOU’
This section discusses suicide. Help is available by calling 988 for the 24-hour Suicide and Crisis Lifeline.
Bencomo was targeted by a death threat on March 16. She’s been a Las Cruces city councilor since 2017 and told the Bulletin she’s experienced other forms of harassment before. But this experience was a benchmark.
Bencomo was out of town visiting family when police believe an El Paso man with Las Cruces ties left a death threat via her city hall phone. The voicemail automatically forwarded to her cell phone.
The man gave his name and number. He told Bencomo to “clean up her side of the street,” deployed homophobic slurs, and mentioned a person police said had a protective order against him.
“When you hear it, you can sort of tell he is in distress,” she said.
He then told Bencomo to kill herself. If she didn’t, he said, “And I will kill you,” before ending the voicemail.
Bencomo said the message felt off but didn’t immediately sink in. When she shared it with confidants, they told her she needed to go to the police.
Bencomo has advocated for poor and marginalized groups in Las Cruces as a councilor and in her career as a community organizer. This work has earned her the ire of some who oppose her approach to affecting change, her values and her beliefs about what government should do. The death threat rattled those values.
“I definitely started feeling myself doubt my whole approach,” Bencomo said.
Support from city leadership helped soften the blow, she said.
“I talked to other women in my circle of work who didn’t feel like law enforcement believed them,” Bencomo said. “And that just has not been my experience at all. Chief (Jeremy) Story took it very seriously.”
Bencomo said that Story and the detective assigned to the case, Peirce Wilber, reassured her with the investigation and advocacy.
“I’ll never forget what chief said: ‘When our elected officials don’t feel safe, the whole system falls apart,'” she recalled.
The voicemail led to a misdemeanor charge against the man. That case is pending.
‘THEY’VE GOT EYES ON ME AT ALL TIMES’
While Bencomo’s experience was acute, another councilor’s experience has been a protracted ordeal.
Becki Graham, a councilor since 2021, told the Bulletin she’s had a politically motivated stalker for three years. This wasn’t a surprise, as she was warned about them after she was elected.
“I would say that this person is very committed to making sure that I know they are watching me; they’ve got eyes on me at all times,” Graham said. “Not just in the typical government watchdog way, but I’ve received messages that let me know just small things alluding to details of my house, making sure that they know where I live.”
At times, Graham has seen the person driving by her house. On other occasions, the person sat near Graham’s driveway and drove away upon discovery.
Graham and Bencomo said they’ve taken steps to protect themselves and their families. But their experiences have also forced them to choose between yielding to intimidation and persistence.
“I’ve been doing so much internal wrestling the last few days that now I’m angry about it,” Bencomo said. “You will not intimidate me. I will keep doing the work that I have chosen to do.”
The experience has caused Bencomo to reevaluate her values. And she comes out with stronger beliefs.
“I’m now a victim, and I’ve definitely been (asking) do I believe justice is him being incarcerated? No, I don’t,” she said. “Do I believe nothing should happen? I also don’t.”
For Graham, the experience sparked questions about the long-term effects on democracy.
“Getting death threats, people are following me home, it’s just a huge loss in knowledge and dedication and experience in the whole democratic process,” Graham said. “This is something with local relevance. And whether you like your current elected official or whether you don’t, it’s something that you should be concerned about if it’s going to fundamentally affect the quality of government.”
ATTACKING DEMOCRACY
The most well-known example of political violence against elected officials occurred up north.
Solomon Peña, 40, ran for an Albuquerque-area seat in the New Mexico House of Representatives during the November 2022 midterm elections. After his defeat, police said Peña organized four shootings at the homes of two Bernalillo County Commissioners and two state legislators.
Police also believe that Peña wanted the election he’d lost overturned. He believed it had been rigged, ensuring his loss. In reality, Peña suffered defeat to Bernalillo County Democrat Miguel Garcia by more than 3,500 votes.
Peña’s alleged violence struck a chord across the state, but it was felt uniquely by Doña Ana County Clerk Amanda López Askin. Before his arrest, Peña called for López Askin to be hanged on a fringe social media site.
“This man is alleged to have done this to these elected officials that he did not care for or you felt strongly about. And I just happen to live way south,” López Askin said.
López Askin said she’s been fielding intimidation against her and her office for six years. She became clerk in 2018, in one of the more memorable elections in southern New Mexico’s history.
That year, Republican Yvette Herrell narrowly lost to Democrat Xochitl Torres Small. A Democrat hadn’t held the seat in a generation. For New Mexico Democrats, the win was monumental. But the unusual flip, combined with a delayed result due to a historic number of absentee ballots, fed unsubstantiated rumors of something more sinister.
“That caused the whole storm of misinformation and malinformation. And unfortunately, I continue to combat that specific election to this day,” López Askin said.
Like other elected officials mentioned in the Brennan Center report, López Askin stepped away from social media as harassment online intensified. They poked fun at her appearance and called her names. It didn’t matter how she responded or what she did, López Askin said. The accusations against her often had no basis in reality. They were just things made up, put online and regurgitated by a mindless algorithm.
The posters crossed a line, she said, when they used photos of her family and children to create memes at her expense.
“That was a very, very tough professional time for me. It was really the point where I’d had to decide whether I was going to do this or not. And, obviously, I decided to,” López Askin said. “But I wouldn’t put my worst enemy in that position. It was really, really difficult.”
López Askin was, as she put it, new to elected office at the time. While she had held a position on the New Mexico State University Board of Regents as a student, the county clerk was something new. As part of that, she dove deeper into the history of elections and the election code.
The deeper she researched that history, the more righteous she felt about her office’s work regarding elections, aiming to impart this message and mission through her work.
“We cannot stop. They say there are no tears in baseball, but there is no relaxation in elections,” she said.
DISTRICT ATTORNEY UNDER THREAT
For Doña Ana County District Attorney Gerald Byers, the question of threats and violence against political officials is a question of justice.
Byers was also the victim of a death threat. In 2023, an Ohio man left a racist voicemail calling for him to be killed. According to the FBI, the Ohio man believed that he had every right to threaten Byers’ life. That case also led to minor charges and remains pending.
Byers said local law enforcement sprung into action when the threats were delivered. He received police surveillance at his work and at home, for both him and his family.
“It is not common, it’s not usual, and it is not considered part and parcel of being an elected official,” he said.
But Byers, who also served in the U.S. Navy, said the experience has fortified his belief about public service.
“If I was going to quit just because somebody threatened my life, just because I’m an elected district attorney, then I would have had ample opportunity to quit for the last 26 years when I’ve been a prosecutor,” Byers said. “You don’t let that deter you.”
In some ways, Byers said the experience allowed him to step into the shoes of the crime victims who come through the prosecutor’s office. It provides a point of empathy, he said. But Byers also said he thinks the legislature play a role in protecting public officials and public servants.
“I believe that it’s important for the stability of our society and the state of New Mexico, for this matter to be brought before the legislature so that laws can be created that reflect the necessity of public safety for these times. The fact that so many public officials have been placed under threat speaks to that, and it speaks volumes,” he said.
Biden is said to be finalizing plans for migrant limits as part of a US-Mexico border clampdown - By Colleen Long And Seung Min Kim Associated Press
The White House is finalizing plans for a U.S.-Mexico border clampdown that would shut off asylum requests and automatically deny entrance to migrants once the number of people encountered by American border officials exceeded a new daily threshold, with President Joe Biden expected to sign an executive order as early as Tuesday, according to four people familiar with the matter.
The president has been weighing additional executive action since the collapse of a bipartisan border bill earlier this year. The number of illegal crossings at the U.S.-Mexico border has declined for months, partly because of a stepped-up effort by Mexico. Still, immigration remains a top concern heading into the U.S. presidential election in November and Republicans are eager to hammer Biden on the issue.
The Democratic administration's effort would aim to head off any potential spike in crossings that could occur later in the year, as the fall election draws closer, when the weather cools and numbers tend to rise, two of the people. They were not authorized to speak publicly about the ongoing discussions and spoke to The Associated Press on condition of anonymity.
The move would allow Biden, whose administration has taken smaller steps in recent weeks to discourage migration and speed up asylum processing, to say he has done all he can do to control the border numbers without help from Congress.
The talks were still fluid and the people stressed that no final decisions had been made.
The restrictions being considered are an aggressive attempt to ease the nation's overwhelmed asylum system, along with a new effort to speed up the cases of migrants already in America and another meant to quicken processing for migrants with criminal records or those who would otherwise be eventually deemed ineligible for asylum in the United States.
The people told the AP that the administration was weighing some of the policies directly from a stalled bipartisan Senate border deal, including capping the number of encounters at an average of 4,000 per day over a week and whether that limit would include asylum-seekers coming to the border with appointments through U.S. Customs and Border Protection's CBP One app. Right now, there are roughly 1,450 such appointments per day.
Two of the people said one option is that migrants who arrive after the border reaches a certain threshold could be removed automatically in a process similar to deportation and would not be able to return easily. Migrants were able to more easily return to the border if they were expelled under the pandemic-era policy known as Title 42. Under that arrangement, Mexico agreed to take back some non-Mexican nationalities, including migrants from Guatemala, Honduras and El Salvador.
Migrants, especially families, claiming asylum at the southern border are generally released into the U.S. to wait out their cases. But there are more than 2 million pending immigration court cases, and some people wait years for a court date while they live in limbo in the U.S.
Anyone can ask for asylum regardless of whether they arrive illegally at the border, but U.S. officials are increasingly pushing migrants to make appointments, use a legal pathway that avoids the costly and dangerous journey, or stay where they are and apply through outposts in Colombia, Guatemala and Costa Rica.
The Biden administration has grown ever more conservative on border issues as the president faces ceaseless criticism from Republicans and there are large numbers of migrants crossing into the U.S. from Mexico who are not easily returned, especially as global displacement grows from war, climate change and more.
The immigration authority that the administration has been looking to use is outlined in Section 212(f) of the Immigration and Nationality Act. It gives a president broad leeway to block entry of certain immigrants into the U.S. if it would be "detrimental" to the U.S. national interest.
Senate Republicans last week again blocked a bill that would have enshrined some of the same efforts into law. The vote was meant to underscore GOP resistance to the proposal even as Republicans have clamored for more restrictions and argued that Biden has not done enough to stem the flow of migrants entering into the U.S.
The bipartisan bill had been negotiated for months and appeared, for a moment anyway, to be heading toward passage. It was even endorsed by the National Border Patrol Council and its president Brandon Judd, an avowed supporter of Donald Trump, the presumptive Republican presidential nominee. But Trump, concerned about handing Democrats an election-year win, called on Republicans to tank it, and they did.
White House officials did not confirm the expected executive order.
White House spokesman Angelo Fernández Hernández said the administration "continues to explore a series of policy options and we remain committed to taking action to address our broken immigration system."
"While congressional Republicans chose to stand in the way of additional border enforcement, President Biden will not stop fighting to deliver the resources that border and immigration personnel need to secure our border," he said.
Congress this year approved funding for a total of 41,500 detention beds and increased money for immigration enforcement and removal operations by $1.2 billion over what the White House had initially requested. That included $106 million in more funding for programs that monitor immigrants in the asylum system through phone apps and ankle bracelets, rather than through detention.
Those increases, negotiated after the collapse of the bipartisan deal, could pave the way for the administration to ratchet up immigration enforcement.
Yet unlike legislative action that is binding, anything Biden does through executive action can be challenged in the courts, and will almost certainly be, so it not clear whether — or if — the clampdown on asylum would begin. The administration was weighing other actions too, including faster and tougher enforcement of the asylum process.
The administration has generally paired proposed crackdowns with an expansion of legal paths elsewhere and was also planning to do so in the future, but not at the same time the new restrictions were announced, the people said.
___
Associated Press writer Stephen Groves contributed to this report.
BLM announces criteria for lands that the government might purchase - Hannah Grover, New Mexico Political Report
The U.S. Bureau of Land Management announced the criteria for landowners to nominate private lands adjacent to public lands that can be sold or exchanged under the Federal Land Transaction Facilitation Act.
Under the law, landowners who have parcels adjacent to federal lands in 12 western states, including New Mexico, can nominate those lands for the government to purchase. There are a few criteria those lands must meet. They must border BLM, U.S. Forest Service, National Park Service or U.S. Fish and Wildlife Service properties and must contain “exceptional resources.” The lands must connect to wilderness study areas or national forests, parks, trails, wildlife refuges or wild and scenic river systems or they must contain at least 640 contiguous acres that would allow the public to better access federal lands.
Currently, there are public lands that are surrounded by private lands and are essentially inaccessible to the public or have restricted public access. The land sales could allow the federal government to acquire lands that will provide access to the islands of public lands.
“BLM is using every tool at our disposal to connect and protect wildlife habitat and to provide the public with access to their public lands,” BLM Director Tracy Stone-Manning said in a press release. “We will continue our work with willing landowners, Tribes, and all of our partners to ensure our collective success.”
The money for purchasing the land comes from sales of public lands managed by the BLM that have been identified for “disposal,” or sale.
NM wildfires grow to 12,000 acres and $28 million estimated cost - By Patrick Lohmann, Source New MexicoTwo lightning-caused wildfires in northern and southern New Mexico have grown to a combined 20 square miles, according to the latest figures from firefighting teams.
The Indios Fire has burned more than 5,200 acres and has cost an estimated $8 million to suppress. It is burning in the Santa Fe National Forest, about 7 miles north of the village of Coyote. Fire managers are largely allowing it to burn within a designated perimeter, citing the fire’s beneficial effects on the overgrown forest.
The Blue 2 fire has burned more than 7,400 acres in the Lincoln National Forest in southern New Mexico. The blaze north of Ruidoso has cost an estimated $20 million to fight so far, according to the National Interagency Fire Center.
Both fires are 0% contained.
Unlike the Indios Fire, the Blue 2 Fire poses risks to homes and has prompted some evacuations. The command team in charge of the fire said Tuesday that the current evacuation orders will stay in effect for now and for the “immediate future.”
As of now, the 8,000-population town of Ruidoso about 8 miles south of the fire has not been under evacuation orders. However, it is a possibility, according to maps published by the command team in charge.
Specifically, Ruidoso residents could be ordered to mobilize to flee the town if the fire heads east of Dry Mills Trail, a 1-mile hiking trail about half a mile east of the edge of the wildfire.
Ruidoso could also be asked to be prepared to evacuate – what’s known as “Set” status – if the fire burns into nearby Phillips, Flume or Kraus canyons that are southwest of the Dry Mills hiking trail, or if it gets east of Forest Road 127A, according to fire officials with the Southwest Area Incident Management Team.
To prevent any additional evacuations, firefighters are building fire breaks along the perimeter by hand and with bulldozers. Airplanes and helicopters are dropping fire retardant and water around the perimeter.
State officials said that 10 crews, 32 engines, six helicopters and six bulldozers are being deployed to fight the Blue 2 Fire.
House Speaker Johnson opposes radiation compensation for Missouri, New Mexico - By Allison Kite, The Missouri Independent
Offering compensation to thousands of Americans across nine states exposed to radiation from the nation’s nuclear weapons program would be too expensive, U.S. House Speaker Mike Johnson’s office said Wednesday.
With less than two weeks until the existing Radiation Exposure Compensation Act expires, a spokesperson in Johnson’s office said the speaker supports renewing the program where it already exists but not expanding it, creating a huge obstacle for advocates and cancer patients from St. Louis to the Navajo Nation who were exposed to bomb testing or nuclear waste.
“House Republican Leadership is committed to ensuring the federal government fulfills its existing obligations to Americans exposed to nuclear radiation,” the spokesperson said in a statement to The Independent. “Unfortunately, the current Senate bill is estimated to cost $50-60 billion in new mandatory spending with no offsets and was supported by only 20 of 49 Republicans in the Senate.”
The Radiation Exposure Compensation Act, or RECA, originally passed by Congress in 1990, offers compensation to uranium miners and civilians who were downwind of nuclear bomb testing in Arizona, Utah and Nevada. It expires June 10, and for months, advocates and members of Congress — especially from Missouri and New Mexico — have been lobbying Congress to expand it.
U.S. senators have twice passed legislation that would expand RECA, but it hasn’t gone anywhere in the House of Representatives. The legislation would add the remaining parts of Arizona, Utah and Nevada to the program and bring coverage to downwinders in Colorado, Idaho, Montana, New Mexico and Guam. It would also offer coverage for residents exposed to radioactive waste in Missouri, Tennessee, Alaska and Kentucky.
Dawn Chapman, who co-founded Just Moms STL to advocate for communities affected by World War II-era nuclear waste that contaminated parts of the St. Louis area, called Johnson’s statement “shocking.”
“I think that’s a pitiful excuse,” Chapman said of the limited Republican support. “I think that there isn’t even an excuse for the fiscal conservatives that say, ‘Put America first,’ because they clearly didn’t do that.”
Chapman and supporters of the legislation believe the $50-60 billion price tag is an overestimation, and she noted that cost is spread over five years.
She said supporters have worked to cut the costs of the program, including narrowing the list of health conditions that would qualify for compensation. If costs were a concern, Chapman said, Johnson should have met with advocates to work on further cuts.
Chapman said she’d return to Washington, D.C., next week, and “the least he can do is meet with us for 10 minutes.”
Johnson’s position was revealed Tuesday evening on social media by U.S. Sen. Josh Hawley, a Missouri Republican, and sparked outrage among the state’s congressional delegation.
U.S. Reps. Cori Bush, a Democrat from St. Louis, and Ann Wagner, a Republican from the nearby suburbs, vowed to oppose any extension of RECA that didn’t add Missouri.
On social media Wednesday afternoon, Hawley said the federal government “has not begun to meet its obligations to nuclear radiation victims.”
“(Missouri) victims have gotten zilch,” Hawley said.
Parts of the St. Louis area have been contaminated for 75 years with radioactive waste left over from the effort to build the world’s first atomic bomb during World War II. Uranium refined in downtown St. Louis was used in the first sustained nuclear chain reaction in Chicago, a breakthrough in the Manhattan Project, the name given to the effort to develop the bomb.
After the war, waste from uranium refining efforts was trucked from St. Louis to surrounding counties and dumped near Coldwater Creek and in a quarry in Weldon Spring, polluting surface and groundwater. Remaining waste was dumped at the West Lake Landfill in Bridgeton, where it remains today.
Generations of St. Louis-area families lived in homes near contaminated sites without warning from the federal government. A study by the federal Agency for Toxic Substances and Disease Registry found exposure to the creek elevated residents’ risk of cancer. Residents of nearby communities suffer higher-than-normal rates of breast, colon, prostate, kidney and bladder cancers and leukemia. Childhood brain and nervous system cancers are also higher.
Councilor Dan Lewis ‘likely violated’ ethics law in Air Quality Board votes - By Elizabeth Mccall and Elise Kaplan, City Desk ABQ
The executive director of the State Ethics Commission found that City Councilor Dan Lewis “likely violated” the Governmental Conduct Act when he applied to work for an association of paving companies whose members were impacted by air quality legislation he sponsored and voted on in his role as an elected official.
Under a pre-litigation settlement agreement with the commission, Lewis — the council president — will recuse himself in all matters relating to the Albuquerque-Bernalillo County Joint Air Quality Control Board and the Asphalt Pavement Association of New Mexico (APANM) while he serves on the council and is employed by the association.
In a statement to City Desk ABQ, Lewis said a press release by the commission was misleading and failed “to admit that the actual agreement does not impose any penalty and makes no adverse ruling or finding.” He asked that City Desk ABQ publish his entire statement, which is included below.
The Governmental Conduct Act prohibits public officials from “acquiring a new financial interest while in office if there is reason to believe the financial interest will be directly impacted by the public official’s governmental acts.” The act also requires public officials to recuse themselves from voting or other official acts that will affect their financial interest.
The dust-up began in late 2022 when the Mountain View Neighborhood Association and other community groups based in an industrial area in the southern part of the city filed a petition seeking “stringent air-quality regulations to address health, environment and equity impacts of air pollution for overburdened communities in Bernalillo County,” according to the factual background laid out in a letter from Jeremy Farris, the executive director of the State Ethics Commission, to Lewis.
Then, in February 2023, APANM — along with other asphalt and construction groups — entered their appearance and became parties to a rulemaking hearing on the petition.
In October, Lewis introduced a resolution to establish a moratorium on the air quality control board — restricting the regulations they can make — and an ordinance abolishing the board and reconstituting it, according to the letter. Those both passed, although Mayor Tim Keller vetoed them.
In late November, according to the letter, Lewis met with APANM about applying to be the executive director and sent them his resume. Five days he later moved to override Keller’s veto. That motion passed.
Lewis started his new job with APANM on Jan. 1.
Farris concluded that Lewis’ conduct likely violated the Governmental Conduct Act.
“Accordingly, while you were negotiating the terms of your prospective employment with APANM board members, you took an official act that was in the interest of APANM board members and, again, reasonably and foreseeably would have predisposed the APANM board members with hiring authority toward you,” he states in the letter.
Farris initially offered Lewis a proposed settlement agreement that included a $250 payment and in exchange the commission would not file a civil action seeking civil penalties and would agree that the violations “were not knowing and willful, avoiding any potential criminal referral.”
In a response letter, Lewis offered a counter proposal to recuse himself from the related matters. He said he takes his public service seriously and in no way would jeopardize his reputation in service of personal benefit.
“While I did meet with the board of APANM to discuss the position of executive director, I did not know that individual members of the board were participating in the rulemaking hearings,” Lewis said in the letter. “Furthermore, I had no idea that discussing a potential job could constitute ‘acquiring a financial interest’ pursuant [to the Governmental Conduct Act]. While I understand that ignorance of the law is generally no defense, I did not take an official action in furtherance of affecting or acquiring any personal financial interest.”
Meanwhile, the Air Quality Control Board filed a lawsuit saying that the legislation introduced by Lewis left it unable to act. In late January, a judge agreed and approved an injunction so that the board can meet while the lawsuit is pending.
Read Councilor Lewis’ full statement here.
City Desk ABQ's publisher Pat Davis, a former city councilor, participated in deliberations and votes regarding the AQCB during his term on the council.