Many abuses of the Trump administration are sadly nothing out of the ordinary — rather, they're just continuations of the snowballing precedent of presidential power abuses set forth by their predecessors. But there are still some ways in which Trump's real estate legal bullying tactics have made for a uniquely terrible and dangerous situation. Consider his liberal use of non-disclosure agreements that trap public servants — people whose should be part of the public record to which they should be held accountable — in a catch-22 between legal transparency and legal retaliation.
But it goes further than that, too.
The National Archives have already been struggling to keep up with the paper records that the President has destroyed — a clear violation of the Presidential Records Act. Archivists have allegedly been fired when trying to piece together those little scraps of paperwork. And as if that wasn't bad enough, the administration has now made it an official policy that records of ICE abuses be treated as temporary documents, immune from the eye of history. From the New York Times:
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In 2017, a normally routine document released by the archives, a records retention schedule, revealed that archivists had agreed that officials from Immigration and Customs Enforcement could delete or destroy documents detailing the sexual abuse and death of undocumented immigrants. Tens of thousands of people posted critical comments, and dozens of senators and representatives objected. The National Archives made some changes to the plan, but last month it announced that ICE could go ahead and start destroying records from Mr.
Shahab Dehghani is an Iranian citizen and college student who has been studying in Boston for the past several years. According to MassLive, he had been in the United States for two years while enrolled at UMass Boston. Dehghani had planned to transfer to Northeastern University, but returned home to Iran in December 2018, and had to wait a year for his F-1 student visa to get re-approved. With all the proper paperwork in place, he returned to Boston to start his first semester at Northeastern.
Upon landing at Logan Airport this past Sunday, he was immediately detained US Customs and Border Protection agents.
The agents wanted to remove him from the country right away. But a federal court upheld an emergency stay from Dehghani's lawyer that would ensure he remained in the country for 48-hours until a proper hearing could be held. According to that same lawyer, CBP deported Dehghani anyway.
It's kind of hard for authoritarian law enforcement to argue that they're upholding "law and order" when they're literally disobeying the law. But somehow that never stops them.
Student Deported From Boston Despite Federal Court Order [Shannon Dooling / WBUR]
Image of Moakley Federal Courthouse in Boston via Wikimedia Commons Read the rest
One of the things that make every RFID implanted US Passport 'safe' is each document's unique cryptographic identifier. Customs and Border Protection can use this key to verify the authenticity of each passport, if they'd bother to install the software to do so.
For 12 years they have not.
Passports, like any physical ID, can be altered and forged. That's partly why for the last 11 years the United States has put RFID chips in the back panel of its passports, creating so-called e-Passports. The chip stores your passport information—like name, date of birth, passport number, your photo, and even a biometric identifier—for quick, machine-readable border checks. And while e-Passports also store a cryptographic signature to prevent tampering or forgeries, it turns out that despite having over a decade to do so, US Customs and Border Protection hasn't deployed the software needed to actually verify it.
This means that since as far back as 2006, a skilled hacker could alter the data on an e-Passport chip—like the name, photo, or expiration date—without fear that signature verification would alert a border agent to the changes. That could theoretically be enough to slip into countries that allow all-electronic border checks, or even to get past a border patrol agent into the US.
...and they need a wall. Read the rest