The Morning Dispatch: The Border Crisis Worsens

Plus: South Dakota Gov. Kristi Noem tries to navigate the culture wars.

(Photo by Dario Lopez-Mills/AFP/Getty Images.)

Happy Wednesday! Today is Manatee Appreciation Day, folks. Don’t forget to appreciate a manatee or two. They’re Gov. Jeb Bush’s favorite mammal!

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Quick Hits: Today’s Top Stories

  • The Biden administration reaffirmed its predecessor’s designation of China’s acts against Muslim minorities in the Xinjiang province as a “genocide” in an annual report on human rights unveiled Tuesday by Secretary of State Antony Blinken.
  • President Joe Biden on Tuesday announced his intent to nominate 10 individuals to serve as Federal Circuit and District Court judges, as well as one to serve as D.C. Superior Court judge. Also on Tuesday, Biden signed into law a bill extending the Paycheck Protection Program application deadline for businesses to May 31.
  • Politico reports that Russian hackers stole “thousands” of emails last year from U.S. government officials working in the State Department’s Bureau of European and Eurasian Affairs and Bureau of East Asian and Pacific Affairs. It is unclear at this point whether the campaign was part of the previously reported SolarWinds hack.
  • Following the release of a World Health Organization report that concluded it was “extremely unlikely” that COVID-19 originated in a laboratory in Wuhan, China, the U.S.—alongside Japan, the U.K., Australia, Canada, and others—issued a statement calling for access to more data on the topic. “We support a transparent and independent analysis and evaluation, free from interference and undue influence, of the origins of the COVID-19 pandemic,” the joint statement read.
  • The National People’s Congress, Beijing’s largest parliamentary body, passed a law on Tuesday that will permit only those deemed to be “patriots” to serve on Hong Kong’s Legislative Council. The move completely overhauls Hong Kong’s elections system, as Chinese Communist Party officials will now be able to replace pro-democracy opposition leaders with individuals who pledge loyalty to the Chinese government.
  • President Biden on Tuesday announced a series of executive actions aimed at addressing “the increase in acts of anti-Asian violence” in recent months, including devoting nearly $50 million toward programs for Asian American victims of domestic violence and sexual assault and creating a “COVID-19 Equity Task Force committee” to address xenophobia targeting Asian Americans.
  • The New York Times reports that Rep. Matt Gaetz is being investigated by the Justice Department for allegedly having a sexual relationship—and traveling across state lines—with a 17-year-old girl. Gaetz denied the charges, claiming he and his family are being extorted and have been cooperating with  federal authorities.
  • The United States confirmed 71,085 new cases of COVID-19 yesterday per the Johns Hopkins University COVID-19 Dashboard, with 5 percent of the 1,422,873 tests reported coming back positive. An additional 1,063 deaths were attributed to the virus on Tuesday, bringing the pandemic’s American death toll to 550,955. According to the Centers for Disease Control, 32,973 Americans are currently hospitalized with COVID-19, and 1,789,510 COVID-19 vaccine doses were administered yesterday. 96,044,046 Americans have now received at least one dose.

Border Conditions Worsening

For the last two months, President Biden has attempted to walk a tightrope on immigration enforcement. On the one hand, he has left large chunks of former President Trump’s border security regime in place, including pandemic-related emergency orders that expel asylum seekers apprehended at the southern border without assessing the merit of their claims. On the other, he has created a carveout in that policy for unaccompanied minors, with officials arguing that denying children entry to the border is inhumane.

This attempt to strike a balance has drawn criticism from both sides of the aisle for weeks. Now, however, it seems to be nearing complete collapse. On Tuesday, reporters who toured one of the administration’s so-called “influx facilities”—overflow spaces offering temporary shelter to children the administration has not yet had time to place elsewhere—found it shockingly overcrowded, with 17 times the number of children that Centers for Disease Control pandemic protocols say it should be allowed to hold safely.

The facility tour brought one outrageous sight after another. More than 600 children stuffed into a “pod” designed to hold 32. Very young children held in a large room with stone floors made “suitable” by the addition of a few colorful mats, plastic playpen barriers, and kid-programming on TVs. Kids who had tested positive for COVID—who had received tests only once becoming symptomatic—lined up outside, waiting for a quarantined bus. Many kids had been held far longer than the 72 hours permitted by law, but there was nowhere else to send them: The Department of Health and Human Services, which runs better-equipped facilities that meet minimal quality-of-life standards, is out of places to put them, too.

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Kristi Noem Tries to Navigate the Culture Wars

Over the past several years, Kristi Noem has transformed from a relatively anonymous member of the House, to the governor of South Dakota, to a potential candidate in the 2024 GOP presidential primary. Coupled with her close relationship with former President Trump (she once gifted him an $1,100 model Mount Rushmore with his face on it), Noem’s championing of the anti-lockdown cause throughout the pandemic has rendered her somewhat of a folk hero on the populist right.

“We never instituted a shelter in place order,” she reminded a receptive CPAC audience last month. “We never mandated that people wear masks. We never even defined what an essential business is, because I don’t believe that governors have the authority to tell you that your business isn’t essential!”

The strategy almost certainly contributed to South Dakota’s elevated COVID-19 death rate—eighth highest in the country on a per capita basis—but it also gave Noem a powerful  issue that appeals to Republican primary voters heading into 2024. Things were shaping up nicely for a presidential run—she had even mastered the time-honored tradition of denying having any interest in higher office. But lately, another, unrelated culture war issue is threatening to derail any national aspirations she may hold.

In recent weeks, Noem has faced immense pushback from social conservatives over her handling of HB 1217, a measure passed by the South Dakota state legislature that would have required athletes in both K-12 and college sports to compete according to their biological sex, or “in accordance with the student’s genetics and reproductive biology.” The legislation passed by an overwhelming majority in the House, and by a five vote margin in the 35-seat Senate, sending the bill to the governor’s desk.

Then, Noem sent it right back.

Using a procedural maneuver unique to South Dakota called a “style and form” provision, Noem asked the legislature to make certain changes to the bill. Although many headlines claimed otherwise, at this point the bill was not vetoed. Under the South Dakota Constitution, the legislature could have made the requisite changes and sent it to Noem’s desk for her to “certify.” The legislature did not make the changes, so it was eventually returned to the legislature as a vetoed bill.

Although she reiterated her belief that “boys should play boys’ sports, and girls should play girls’ sports,” Noem voiced concern over the “vague and overly broad” language in HB 1217, arguing it could result in unintended consequences. She advocated for her suggested changes in a press release, claiming they would limit the scope of the bill to only elementary through high school sports in South Dakota, and clean up the vague language surrounding “civil liability” issues.

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Worth Your Time

  • Is there an antidote to the rampant polarization  of the American election system? Nick Troiano, executive director of Unite America, thinks he has at least one answer. In a piece for The Atlantiche highlights what he calls the “primary problem” in our election system: “A small minority of Americans decide the significant majority of our elections in partisan primaries that disenfranchise voters, distort representation, and fuel extremism—on both the left and, most acutely (at present), the right.” By ditching partisan primaries and replacing them with better alternatives—like Washington’s nonpartisan “top two” primary or Alaska’s single, nonpartisan primary (and ranked choice voting system)—Troiano thinks we can expand voters’ options in general elections and perhaps even tamp down some of the political extremism we’ve seen in recent years.
  • Over at FiveThirtyEight, Alex Samuels places the divides within the Democratic Party on immigration in historical context, and explains how these fissures might affect the Biden administration’s approach to the U.S.-Mexico border crisis. In Samuels’ view, there are two main camps in the Democratic Party: The moderates, who support limited deportations and focus on the effects of  immigration on the American worker; and the progressives, who defend a more “humanitarian” approach to the issue by calling for increased immigrant access to welfare programs and demanding a complete halt on deportations. “Biden’s approach has so far been to roll back what Trump did, but he is ultimately going to have to pick a side within his party or work toward some sort of compromise,” Samuels writes. “If he moves too far left, he risks losing moderate voters, but at the same time, if he doesn’t move left enough, he risks breaking his promise of a ‘fair and humane’ immigration overhaul.”

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Toeing the Company Line

  • Tuesday’s Sweep is jam-packed—the campaign cycle never ends! Sarah breaks down some early 2024 Republican primary moves and looks at the effect of the “Defund the Police” slogan in 2020, Audrey excerpts her excellent profile of Texas congressional candidate Michael Wood, and Chris Stirewalt dives into Democratic proposals to raise taxes.
  • With both chambers of Congress on recess this week, Haley used the down time to ask freshman Reps. Peter Meijer and Jake Auchincloss about their first few months on the job. Check out her latest Uphill to learn what has surprised them most, what it’s like to be recognized in public, how they hired staff, and how they contend with the legislative process. “I’m not a legislative accelerationist, and it feels like there’s a lot of accelerationists milling about, especially on the Democratic side of the aisle, who want to press the advantage in ways that I frankly think will be to their detriment long term, and definitely to the institution’s detriment as well,” Meijer told Haley. “These things that seem like wins in the moment, that seem like short-term wins, I think will build up into long-term losses.”

Reporting by Declan Garvey (@declanpgarvey), Andrew Egger (@EggerDC), Haley Byrd Wilt (@byrdinator), Audrey Fahlberg (@FahlOutBerg), Charlotte Lawson (@charlotteUVA), Ryan Brown (@RyanP_Brown), and Steve Hayes (@stephenfhayes).