Author Archives: Richard Irwin

House Bill Proposes Health Equity for All

FOR IMMEDIATE RELEASE
June 15, 2016

CONTACT
Juan Gastelum, 213-375-3149, [email protected]

NILC: House Bill Proposes Health Equity for All

WASHINGTON — Congressional health care champions Reps. Robin Kelly (D-IL), Michelle Lujan Grisham (D-NM), Barbara Lee (D-CA), G.K. Butterfield (D-NC), Linda Sanchez (D-CA), and Judy Chu (D-CA) today introduced the Health Equity and Accountability Act of 2016 (HEAA), a comprehensive and strategic plan to eliminate racial and ethnic health disparities and improve the health of communities of color.

The sponsors are leaders of the Congressional Black Caucus, the Congressional Asian Pacific American Caucus, and the Congressional Hispanic Caucus.

The measure would build on the Affordable Care Act (ACA) by ensuring that everyone living in the U.S. has access to affordable health coverage. In addition to making improvements intended to help underserved communities, such as through increased language services, HEAA calls for the elimination of barriers that prevent many immigrants from accessing federal health care and nutrition assistance programs.

Marielena Hincapié, executive director of the National Immigration Law Center (NILC), issued the following statement upon the introduction of the legislation:

“The Affordable Care Act has extended health care access to millions of previously uninsured individuals, but for many the promise of quality, affordable health care remains unrealized.

“As advocates for low-income immigrant families, NILC applauds the HEAA sponsors for championing measures to increase underserved communities’ access to affordable health care, through ACA, Medicaid, and the Children’s Health Insurance Program (CHIP). An individual’s place of birth, community, or income level should not determine access to affordable health care.

“We stand ready to work with members of Congress to turn these goals into reality.”

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NILC Responds to Orlando Nightclub Shooting

FOR IMMEDIATE RELEASE
June 12, 2016

CONTACT
Adela de la Torre, [email protected], 213-400-7822

National Immigration Law Center Responds to Orlando Nightclub Shooting

WASHINGTON — The nation suffered the worst mass shooting in its history early this morning when a gunman killed at least fifty people in Orlando’s Pulse nightclub, an LGBTQI-friendly venue that holds a Latin-themed night on Saturdays.

Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“This morning, our nation awoke to the horrifying news that innocent people have once again lost their lives to a senseless act of gun violence. While facts are still unfolding, what’s clear is that the victims were members of communities that continue to be attacked because of how they look or whom they love. This must stop.

“We stand firmly with our LGBTQI, Latino, and Muslim communities and against these senseless acts of violence. We urge Americans of all walks of life to reject intolerance of any kind, along with any attempt to scapegoat any communities.  We hold all those affected by this tragedy in our hearts and hope for a day in which all of us—regardless of race, religion, ethnicity, gender identity, or sexual orientation—are able to live our lives freely and without fear.

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Governor Signs Trailblazing Law Seeking Federal Approval to Open Health Insurance Marketplace to All Californians

FOR IMMEDIATE RELEASE
June 10, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

NILC Applauds Gov. Brown’s Signature on Trailblazing Law Seeking Federal Approval to Open its Health Insurance Marketplace to All Californians

Federal government must now move swiftly to approve California’s effort

LOS ANGELES — Gov. Jerry Brown today signed into law SB 10, a measure that will take California closer to the goal of making affordable health care available to all Californians. This measure seeks federal approval to allow all Californians, regardless of immigration status, to buy full-price health insurance without government subsidies through Covered California, the state’s health insurance marketplace under the Affordable Care Act (ACA).

The National Immigration Law Center applauds the governor and state legislature for leading the nation in providing the opportunity for more of its residents to get covered and stay healthy.

“People should be allowed to use their own money to purchase the coverage they need. California took a commonsense step forward by committing to remove this absurd barrier,” said Marielena Hincapié, NILC’s executive director. “The state should move quickly to submit the waiver application, which the federal government should approve without delay. This waiver is fully consistent with the promise of the Affordable Care Act. Our state, our economy, and our communities will benefit when more Californians can buy the health care they need.”

The new law builds upon California’s “Health for All” campaign waged by health care and immigrants’ advocates. Last month, the state began providing full-scope Medi-Cal coverage for all children under 19 years of age regardless of immigration status, if they meet other eligibility requirements.

“In order to have truly healthy communities, we all need to have access to affordable, quality health care. There is more work to be done, but California’s trailblazing efforts on this front should inspire other states to follow,” said Hincapié.

Under the law signed by Gov. Brown, the state will apply for a State Innovation Waiver under section 1332 of the Affordable Care Act to offer full-price health plans in Covered California to immigrants who are currently shut out of the state marketplace even if they are willing to pay full price.

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NILC to Honor Visionary Civil and Human Rights Leader Wade Henderson

FOR IMMEDIATE RELEASE
June 9, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

NILC to Honor Visionary Civil and Human Rights Leader Wade Henderson

WASHINGTON — The National Immigration Law Center (NILC) is proud to pay tribute to national civil rights leader Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights and The Leadership Conference Education Fund, at its awards reception to be held on June 14, 2016, at the Darlington House in Washington, DC.

Henderson, who directs The Leadership Conference’s coalition of more than 200 national civil and human rights organizations, will be honored for his steadfast commitment to equality and justice for all.

“For the last two decades, Wade’s visionary leadership has created landmark protections for marginalized communities in all sectors. It is clear that he envisions a world in which all people, regardless of income, immigration status, gender identity, or race, are able to achieve their full human potential, and for that, we show our gratitude to him,” said Marielena Hincapié, executive director of NILC.

“Wade’s advocacy for the rights of immigrants has been particularly crucial to our movement. Whether the battles have been against hateful anti-immigrant laws in states like Alabama, or in Congress or the courts, Wade and The Leadership Conference have aggressively called for just and moral solutions so that all people are treated with dignity,” Hincapié added.

Before taking the helm of The Leadership Conference in 1996, Henderson served as the Washington Bureau director of the NAACP. He began his career as associate director of the Washington national office of the American Civil Liberties Union. He is a graduate of Howard University and the Rutgers University School of Law and is a member of the Bar in the District of Columbia and the United States Supreme Court. Henderson is also the Joseph L. Rauh, Jr., Professor of Public Interest Law at the David A. Clarke School of Law, University of the District of Columbia.

For more information about NILC’s 2016 DC Awards Reception, please visit https://nilc.z2systems.com/np/clients/nilc/event.jsp?event=18&.

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Dreamers’ Private Information Safe for Now

FOR IMMEDIATE RELEASE
June 7, 2016

CONTACT
Juan Gastelum, NILC, [email protected], 213-375-3149
Inga Sarda-Sorensen, ACLU National, [email protected], 212-284-7347
Anna Núñez, ACLU of Texas, [email protected], 713-325-7010

Dreamers’ Private Information Safe for Now

Federal judge stays order demanding DACA recipients’ personal data

BROWNSVILLE, TX — U.S. District Judge Andrew Hanen has stayed his May 19 order requiring the federal government to turn over the personal data of tens of thousands of immigrant youth who received three-year work authorizations through the Obama administration’s 2012 Deferred Action for Childhood Arrivals (DACA) initiative. Hanen issued an order today that stays his May 19 order “pending the outcome of” a hearing he set for Aug. 22, after the U.S. Supreme Court is expected to issue a ruling in United States v. Texas, the lawsuit challenging the administration’s 2014 immigration executive actions.

“This decision rightly puts a stop, for now, to an indefensible order that could have exposed tens of thousands of blameless youth to privacy and safety threats,” said Karen Tumlin, legal director at the National Immigration Law Center (NILC). “Though we’ve always known that this order is out of bounds and should never take effect, we are glad that Judge Hanen has at least decided to wait for the Supreme Court to provide some guidance in this case before taking a step that would cause irreversible harm to thousands of immigrant youth.”

The decision comes after four individuals, represented by NILC, the American Civil Liberties Union (ACLU), and the ACLU of Texas, petitioned the Fifth Circuit for a writ of mandamus, a rarely used legal tool that allows someone who is not party to a case, but who is hurt by a court order, to seek immediate relief from a higher court.

“This order addresses the immediate threat to DACA recipients’ personal information. It is an important victory, but not a permanent fix. We will continue to fight for a ruling that fully safeguards immigrants’ privacy rights,” said Omar Jadwat, senior staff attorney with the ACLU’s Immigrants’ Rights Project.

Hanen is the judge on the federal district court in Brownsville, Texas, who first heard United States v. Texas, a lawsuit by Texas and 25 other states that seeks to block the Obama administration’s 2014 deferred action immigration initiatives, known as DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and the expansion of DACA. He issued a nationwide injunction blocking both programs in February 2015.

Last month, Hanen asked the federal government for the names, addresses, and other identifiers of about 50,000 young immigrants who live in the 26 states that brought the lawsuit and received three-year work authorizations through a separate deferred action initiative, DACA, which the Obama administration announced in June 2012. That program’s legality is not being challenged by the states.

“I had the reasonable expectation that the information attached to my DACA application would remain confidential,” said Juan Escalante, a 27-year-old Florida resident who is one of the four people who petitioned the Fifth Circuit for a writ of mandamus. “Judge Hanen’s stay is certainly good news, but it only provides temporary relief for those of us who are worried about our private information getting into the wrong hands. The fact still remains that I should have control over my personal information, as I have a right to privacy.”

Angelica Villalobos, a 31-year-old mother from Oklahoma who is another of the mandamus petitioners, said, “I’m proud that my three friends and I have stood up to Judge Hanen’s bullying. This is a big deal—it means that the address and personal information of me and my kids won’t be handed over to anti-immigrant judge.

“For now, our privacy and security is protected, along with that of 50,000 other immigrant youth,” Villalobos added. “Now I want the Supreme Court to make a final decision on DAPA and expanded DACA so we can get to work helping more people get protected from deportation!”

Greisa Martínez, advocacy director for United We Dream, said, “Immigrant youth and our allies did what we do best: stand up to bullies and stand up for our community. For now, the privacy and security of the ‘fearless four’ and 50,000 immigrant youth continues to be protected.

“But this fight isn’t over, and we’re not backing down,” Martínez said. “The Supreme Court must decide to put an end to these political attacks on the dignity of our friends and community. Thank you to the fearless four, thank you to the amazing legal team. No matter what the anti-immigrant politicians might like to think, we are #heretostay.”

The United States also sought to block this portion of the court’s order by filing a separate writ of mandamus. And the Mexican American Legal Defense and Educational Fund also filed an amicus brief in support of blocking the transmission of Dreamers’ private information.

The 2012 DACA initiative allows some young undocumented immigrants who were brought to the U.S. as children to live and work in the country temporarily if they meet certain eligibility requirements. DAPA and the expansion of DACA, announced in 2014, built upon the success of that program by extending similar benefits to additional immigrant youth and certain undocumented parents of American children.

“Thanks to the courage of young immigrants to stand up for their rights, their constitutional privacy protections remain safe from unjustified government intrusion for now,” said Edgar Saldivar, senior staff attorney for the ACLU of Texas. “We will remain ever vigilant of threats to the civil rights and liberties of the most vulnerable and stand ready to defend them.”

Hanen’s order is available at: www.nilc.org/wp-content/uploads/2016/06/TX-v-US-order-re-8-22-16-hearing-and-stay.pdf

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Dreamers Affected by Federal Judge Order Seek to Defend Their Privacy

FOR IMMEDIATE RELEASE
June 3, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149
Inga Sarda-Sorensen, ACLU National, [email protected], 212-284-7347
Anna Núñez, ACLU of Texas, [email protected], 713-857-9160

Dreamers Affected by Federal Judge Order Seek to Defend Their Privacy

NEW ORLEANS — The National Immigration Law Center, the American Civil Liberties Union, and the ACLU of Texas today filed a petition for writ of mandamus before the Fifth Circuit Court of Appeals on behalf of four people impacted by a recent order issued by a federal district court in Brownsville, Texas, demanding the personal data of tens of thousands of Dreamers. The filing was instituted to protect the basic constitutional privacy rights of those who received three-year work authorization permits under the Obama administration’s Deferred Action for Childhood Arrivals initiative, announced in 2012.

A writ of mandamus allows impacted individuals to initiate a new action in the court of appeals to seek redress from a lower court order.

“Young immigrants fought for and won the opportunity to come forward and apply for the opportunity to contribute more fully to their communities,” said Marielena Hincapié, executive director at the National Immigration Law Center. “The district court’s order causes tens of thousands who applied for the program to live in fear that their private information—and information about their friends and families—will be used against them. They deserve a voice in the courtroom.”

On May 19, U.S. District Judge Andrew S. Hanen ordered the federal government to turn over the names, locations, and other identifiers of tens of thousands of DACA recipients who received three-year work authorizations between November 2014 and February 2015, and who live in one of 26 states involved in a lawsuit, United States v. Texas, currently pending a decision by the U.S. Supreme Court. The lawsuit sought to obstruct the implementation of two Obama administration initiatives—DAPA and the expansion of DACA—announced in 2014. The DACA program announced in 2012 was not subject to this lawsuit.

“With this filing, Dreamers are standing up for themselves and their families to try to shut down an outrageous threat to their constitutionally protected privacy rights. The order requiring the federal government to turn over Dreamers’ names and private information is legally unjustifiable, and should not survive this challenge,” said Omar Jadwat, senior staff attorney with the ACLU’s Immigrants’ Rights Project.

In February 2015, Judge Hanen issued an overreaching, nationwide injunction to block those two initiatives. However, the original DACA initiative, announced in 2012, is not part of the lawsuit.

“The rights embodied in our Constitution were designed to protect the most vulnerable members of our society, including young immigrants who only know this country as their own,” said Edgar Saldivar, senior staff attorney for the ACLU of Texas. “If their fundamental privacy protections can be nullified by the stroke of a judge’s pen in a case to which they are not parties, then everyone’s privacy rights are threatened.”

Angelica Villalobos, a 31-year-old mother of four who lives in Oklahoma, is among the four petitioners included in the petition for a writ of mandamus filed today. Villalobos applied for a renewal of DACA in the fall of 2014 and received a three-year work authorization in November of that year, shortly after the administration announced DAPA and the expansion of DACA.

“When I applied for DACA, I trusted the government to keep my personal information confidential,” Villalobos said. “Releasing that private information could put my family at risk of harassment by groups and individuals that don’t like immigrants. I am worried for the safety of my daughters.

Juan Escalante, a 27-year-old resident of Florida, applied for a renewal of DACA in August 2014 and received a three-year work authorization in December 2014. In his application, he Included sensitive information like his social security number, financial information, and the identities of family members.

“The idea that federal government would turn this information to the district court, and that the district court might turn it over to the State of Florida or other agencies, makes me anxious and fearful, both for myself and for my family, of the possibility that the information could fall into the wrong hands,” Escalante said.

The 2012 DACA initiative allows some young undocumented immigrants who were brought to the U.S. as children to live and work in the country temporarily if they meet certain eligibility requirements. The expansion of DACA and DAPA announced in 2014 built upon the success of that program by extending similar benefits to additional immigrant youth and certain undocumented parents of American children.

Today’s filing is available at www.nilc.org/wp-content/uploads/2016/06/TX-v-US-Petition-for-Writ-of-Mandamus-2016-06-03.pdf and www.nilc.org/wp-content/uploads/2016/06/TX-v-US-Petitioners-Emergency-Motion-for-Stay-2016-06-03.pdf.

A recording of today’s press call on the filing is available at: https://soundcloud.com/nilc-nilc/nilc-press-conference-call-6316

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NILC Applauds Justice Dept. Effort to Block Extremist Federal Judge Decision

FOR IMMEDIATE RELEASE
May 31, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149
Adela de la Torre, [email protected], 213-400-7822

NILC Applauds Justice Dept. Effort to Block Extremist Federal Judge Decision

LOS ANGELES — The U.S. Department of Justice today sought a stay of an outlandish order issued by a federal district court in Texas last week, while it prepares an appeal to the Fifth Circuit Court of Appeals of the district court’s order. The order demands the personal data of tens of thousands of Dreamers who received three-year work authorizations through the Obama administration’s 2012 Deferred Action for Childhood Arrivals (DACA) initiative.

The court filing comes after U.S. District Judge Andrew S. Hanen issued a highly unusual decision last Thursday ordering the Justice Department to turn over the Dreamers’ information and requiring all department lawyers to submit to five years of ethics courses before presenting any cases in the 26 states involved in a lawsuit, United States v. Texas, now awaiting decision by the Supreme Court.

Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement:

“We commend the Justice Department for acting swiftly to protect the privacy of tens of thousands of Dreamers who have no bearing in this case. Legal experts on all sides have spoken up against Judge Hanen’s latest order, which is clearly out of bounds and should not be allowed to take effect. We are glad to see the federal government taking a stand against this judge’s latest attempt to intimidate immigrant youth who only want to live without fear of being separated from their families and contribute more fully to their communities.

“This latest order is yet another sign that United States v. Texas is a politically motivated lawsuit, and real families are suffering the consequences. We hope the Supreme Court sees through these legal theatrics and moves swiftly to allow these important initiatives currently blocked in the lawsuit to take effect. In the meantime, we will continue to fight—in the courthouse, if necessary—to protect the privacy of those who have already come forward to apply for the opportunity to contribute more fully to their communities.”

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NILC Reacts to Federal Judge’s Demand for Dreamers’ Personal Data

FOR IMMEDIATE RELEASE
May 19, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

NILC Reacts to Federal Judge’s Demand for Dreamers’ Personal Data

LOS ANGELES — U.S. District Judge Andrew S. Hanen today issued an outlandish order demanding that the federal government turn over personal data for thousands of immigrant youth who are protected from deportation and obtained work permits through the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program.

The federal judge, who in February 2015 issued an overreaching, nationwide injunction to block the expansion of DACA and the implementation of another deferred action initiative, DAPA, that extends similar benefits to certain undocumented parents of American children, ordered the Justice Department to provide the names and locations of individuals who received a three-year deportation relief and work authorization before Hanen issued the injunction.

The Obama administration announced DAPA and the expansion of DACA in November 2014, including an increase in the relief period to three years from two years when DACA was originally announced in June 2012. Texas and 25 other states filed a lawsuit to block the programs in December 2014, prompting the injunction by Hanen two months later. The lawsuit is now awaiting a decision by the U.S. Supreme Court.

Approximately 100,000 individuals who applied or reapplied for DACA between the administration’s announcement and the injunction received deportation relief and work permits for three years. Now, Hanen wants the federal government to hand over the personal information of those individuals to the court. The order would not consider the release of the information to any of the 26 states until after the Supreme Court hands down a decision.

Hanen also ordered all Justice Department lawyers who appear in court in any of the 26 states involved in the lawsuit to attend a yearly ethics course for five years before they can present cases in those states.

Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement:

“This is the latest in a long line of outrageous and outsized orders from this extremist court, which has gone to great lengths to obstruct the Obama administration’s deferred action initiatives—harming millions of immigrant families and our country in the process. The clear disdain for the administration and our families inherent in Judge Hanen’s actions is further evidence that this lawsuit has never been about the law but, rather, is purely about politics.

“What Judge Hanen is demanding is tantamount to a witch hunt intended to instill fear in immigrant youth with DACA and perhaps even those who would benefit from a positive Supreme Court decision. It has no legal justification. We urge the Department of Justice to do what is necessary to protect the identities and privacy of Dreamers, whose lives could be severely impacted by this order. The February 2015 injunction has already caused so much pain for countless immigrant families. We hope the Supreme Court will issue a decisive order that puts this politically driven lawsuit to rest.”

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California Makes a Healthy Choice in Covering Kids

FOR IMMEDIATE RELEASE
May 16, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

California Makes a Healthy Choice in Covering Kids

LOS ANGELES — Today, California began providing comprehensive health care to all children who meet income requirements, regardless of their immigration status. California is the largest state to enact such an immigrant-inclusive policy. Other states, including Washington and Illinois, currently provide all children with access to affordable care regardless of their immigration status. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“This is a great day to be a Californian. All kids—regardless of where they were born or how much money their parents have—should be able to visit the doctor when they’re sick and have access to the medicines they need to stay strong. California took a giant step toward strengthening our future by allowing our youngest Californians to get the coverage they need to stay healthy.

“Parents should know that the information they provide in an online application is confidential and will not be shared with immigration authorities. Fear of attracting the attention of immigration enforcement should not deter parents from enrolling their children to get the care they need to stay healthy.

“Although California should be celebrated for covering all kids, the legislature has more work to do to achieve true health justice. We know that kids need healthy parents to have truly bright and secure futures. That’s why we are committed to fighting until we achieve #Health4All.”

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President Obama Ramps Up Family Separations

FOR IMMEDIATE RELEASE
May 12, 2016

CONTACT
Adela de la Torre, [email protected], 213-400-7822

President Obama Ramps Up Family Separations

ICE actions violate due process and will send waves of fear throughout immigrant communities

WASHINGTON — The Obama administration intends to ramp up raids against Central American mothers and children fleeing violence, according to news reports from Reuters and other outlets.

In forging ahead with more of these planned raids, which were first announced in late 2015, the administration is turning a blind eye to the many serious due process violations that took place during the last round of raids, which have been repeatedly highlighted by attorneys, advocates, educators and elected officials, and the shockwaves of fear they set off throughout the immigrant community.

Attorneys with the National Immigration Law Center, who visited mothers detained during the first rounds of these raids, reported clear instances in which women were not fully aware of their legal rights or adequately informed of how to get in touch with their lawyers, even when they had strong asylum claims because they were afraid of being returned to their home countries of Guatemala, Honduras and El Salvador—all of which rank as some of the most dangerous places in the world for women. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“These military-style raids against mothers and children fleeing violence are reprehensible. We are outraged that the Obama administration has once again decided to engage in a PR stunt that serves only to create fear and paralyze everyday life and civic participation in immigrant communities, in our schools, and in workplaces. The federal government’s failure to address the violent conditions that are causing women and children to flee in the first place mean that these raids are a complete and utter policy failure.

“The damage caused by such raids extends far beyond the families swept away and broken apart by them. Central American students will be kept away from schools for fear that they, too, will be detained and deported. U.S. citizen classmates of raid victims will be left without their friends. And entire immigrant communities will become even more afraid of participating fully in our communities and society.

“How these families fleeing violence are being treated reflects a blatant hemispheric bias. President Obama refuses to view increasing violence in Central America as a regional problem that needs a regional response and somehow denies that the people fleeing violent conditions in Central America are, like their Syrian counterparts across the globe and other vulnerable populations, simply seeking refuge.

“It is incomprehensible that President Obama continues to rely on this failed deterrence approach, which will do nothing to deter a mother’s decision to make the perilous journey north in order to save her family’s life. Instead, parents will fear sending their children to school or to a medical appointment. These proposed immigration raids will serve only to confuse immigrant communities about an administration that has detained and separated our families in record numbers.

“These raids—and his deportation record—could be President Obama’s immigration legacy. Those who hope to succeed him will have to work that much harder to regain the trust of immigrant voters and their allies, making their journey to the White House that much more difficult.”

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