Justices declined to consider whether to overturn a series of opinions from the early 1900s known as the Insular Cases, which some people discredit "as odious remnants of a colonial past because they were grounded in racism towards the residents of territories," de Vogue writes. 

"The Supreme Court’s refusal to reconsider the Insular Cases today continues to reflect that ‘Equal Justice Under Law’ does not mean the same thing for the 3.6 million residents of U.S. territories as it does for everyone else," said Neil Weare, an attorney for lead plaintiff John Fitisemanu. Born in American Samoa, Fitisemanu now lives in Utah, has a U.S. passport and pays taxes — but has never been able to vote in federal or state elections. 

"The Supreme Court in recent years has not hesitated to rule in ways that harm residents of U.S. territories," Weare continued. "But when asked to stand up for the rights of people in the territories — even the basic right to citizenship — the justices are silent." 

One twist: The islands’ government, and its delegate in the U.S. House, agreed that the Supreme Court should not hear the case because "establishing birthright citizenship by judicial fiat could have unintended and potentially harmful impact upon American Samoa society." 

Welcome to Tuesday’s edition of The Forum Daily. I’m Dan Gordon, the Forum’s strategic communications VP. If you have a story to share from your own community, please send it to me at [email protected].  

TITLE 42 — I can contain my surprise at this one: A CDC official told a House select subcommittee that the directive to implement Title 42 under the pandemic — which was issued by the CDC — was drafted without the agency’s input and instead "came from outside the CDC subject matter experts," reports Suzanne Monyak of Roll Call. The U.S. has rapidly expelled hundreds of thousands of migrants under the policy since March 2020. In a testimony included in a 94-page report published Monday, Martin Cetron, director of global migration and quarantine at the CDC, underscored that the policy was "handed to us" and told Congress that Stephen Miller was involved in creating it. Meanwhile, with Venezuelans who reach the border now subject to expulsion under Title 42, thousands are now camped in the small southern Mexico town of San Pedro Tapanatepec, Maria Verza reports for the Associated Press.  

BEHIND DESANTIS’S OPERATION — Venezuelan migrant Emmanuel, 27, told a team at the Miami Herald that he was misled by the mysterious recruiter Perla Huerta, to help transport migrants from Texas to Martha’s Vineyard, Massachusetts. "Emmanuel said he believed he was part of a benevolent mission run by a kind and compassionate woman," they write — not part of a political operation led by Florida Gov. Ron DeSantis (R). After news of the Texas Bexar County Sheriff’s Office’s ongoing criminal investigation into the operation broke, the next migrant flight to Delaware was canceled. Huerta, a former U.S. Army counterintelligence agent, then left Emmanuel with some money behind a dumpster and a flight to Miami. "I don’t know who is good, and who is bad," Emmanuel said, uncertain if his future visa application might be negatively impacted. "It’s like something is eating me from the inside."  

SHELTER SYSTEM — The arrival of thousands of migrants in New York City has contributed to an overwhelmed homeless shelter system, reports Catherine E. Shoichet of CNN. As of Saturday, the city reported that more than 14,100 migrants remained in the system, and tents have been built for use as emergency shelters. "A lot of times people see what that system is and say, ‘This is not what I want’ and then go elsewhere. The migrants who remain are often the ones who need the most help," said Kathryn Kliff, an attorney with the Legal Aid Society’s Homeless Rights Project. Kliff explained that most migrants arrive with few belongings and no connections. On Oct. 7, Mayor Eric Adams declared a state of emergency to address the increase in newly arriving migrants. 

EVACUEES’ UNCERTAINTY — Without a long-term immigration solution in the U.S., five Afghan siblings who were granted humanitarian parole over a year ago now fear the possibility of having to return to Afghanistan, reports Rafael Carranza of The Arizona Republic. Fatima, one of the siblings, was a soldier from the Female Tactical Platoon working with U.S. troops and is now advocating for permanent residency for the thousands of Afghan parolees living in uncertainty. Her family is Hazara, a long-persecuted ethnic group that has continued to suffer cruelty in Afghanistan. "If you are Hazara it’s a kind of crime, everyone will hit you everywhere," said Fatima, explaining the elevated risk her family will face if forced to return. 

In Afghan welcome: 

• As part of a network of local parent volunteers helping to resettle Afghans, Michelle Cooper of Washington, D.C., packed her car with "bags of clothing, furniture, toys and baby gear" to help support an Afghan family. Other volunteers have helped with resumes, playdates and more. (Caitlin Gibson, The Washington Post) 
• Germany announced Monday that it is launching a new program to help to bring about 1,000 at-risk Afghan citizens, including journalists, scientists, political activists, judges, educators and others, to the country each month. (Associated Press) 

Thanks for reading, 

Dan