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President Biden has made the COVID-19 crisis and a post-Trump return to national unity and traditional democratic ideals his top priorities. From vaccinations to stimulus to schools, Biden is seeking bipartisan compromise while showing a willingness to use executive authority and bare Democratic majorities in the U.S. House and Senate to implement his policies. Republican leaders are navigating deep party divisions over if and how to move beyond former President Trump.

Politics & Policy

The 5th Circuit Court of Appeals on Wednesday affirmed a lower court decision declaring the Obama-era Deferred Action for Childhood Arrivals (DACA) program unlawful but allowed it to remain in place for existing DACA recipients for now.

Why it matters: More than 800,000 immigrants who were brought to the U.S. as children have been shielded from deportation through DACA, which has faced several legal challenges. The case now goes back to the lower court for review of the Biden administration's DACA final rule.

Details: The three-judge panel ruled that the 2012 memorandum issued to establish DACA violates statutory provisions regarding immigration. "The district court’s excellent opinion correctly identified fundamental substantive defects in the program," Chief Judge Priscilla Richman wrote in the 46-page opinion.

"DACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits," Richman said. "Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them." 

The 2012 memorandum, which remains in effect until Oct. 31, "contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization."

"In our view, the defendants have not shown that there is a likelihood that they will succeed on the merits," the opinion notes. "We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption."

"Given the 'uncertainty of final disposition' and the 'inevitable disruption that would arise from a lack of continuity and stability,' we preserve the stay as to existing recipients."

What we're watching: The court declined to review the final rule for now, deferring to a district court.

What they're saying: Rep. Raul Ruiz (D-Calif.), chair of the Congressional Hispanic Caucus, said after the ruling that "DACA recipients can breathe a sigh of relief, but the urgency remains to pass a permanent solution that brings stability to the lives of DACA recipients."

He called on 10 Senate Republicans to join Democrats in passing the American Dream and Promise Act, which would create a pathway to permanent residency for DACA recipients and has cleared the House. 

"Our Dreamers cannot wait. We must modernize our broken immigration system, keep families together, strengthen our economy, provide pathways to citizenship, and live up to our nation's values of hope, opportunity, and the American dream."

The big picture: The final rule, issued in August, maintains existing criteria for DACA recipients — such as arriving in the U.S. by age 16 and before June 15, 2007 — as well as work permit authorizations. 

It also declares DACA recipients "lawfully present" in the U.S. for certain purposes, including benefits, and moves to codify DACA into federal regulations in a bid to protect it from legal challenges.

Of note: Ten years after the program was first implemented, DACA recipients, and their allies, continue to push for immediate action on a pathway to citizenship.

Roughly 75% of U.S. adults say they are in favor of granting permanent legal status to DACA recipients, according to a 2020 Pew Research Center survey.

Editor's note: This article has been updated with additional details throughout.

Federal appeals court orders review of Biden's DACA final rule

The program will remain in place for existing DACA recipients for now.

Photo of two activists speaking while holding a T-shirt that says "#WithDACA"

Activist Indira Islas speaks at a news conference to mark the 10th anniversary of the Deferred Action for Childhood Arrivals program at the U.S. Capitol on June 15 in Washington, D.C. Photo: Anna Moneymaker via Getty Images

Deferred Action for Childhood Arrivals (DACA)

Immigration

Days after a bombshell allegation rocked Georgia Senate hopeful Herschel Walker's campaign Monday, he has reported his best fundraising quarter yet: more than $12 million in the last three months.

Why it matters: Republicans view Georgia as essential to gaining a Senate majority in November, and the fundraising attention shows it. 

Driving the news: While the campaign reports this is the strongest fundraising of any Republican Senate candidate thus far, it's less than half the $26.3 million his Democratic opponent Sen. Raphael Warnock brought in during the same period. 

By the numbers: Walker's campaign said it has more than $7 million in cash on hand. Warnock has $13.7 million. 

Catch up quick: Despite major attention on the report alleging Walker paid for an ex-girlfriend to get an abortion in 2009 — and Walker's son's subsequent comments accusing his father of lying — major national Republican groups have doubled down on their commitments to back Walker to the tune of tens of millions of dollars. 

What we're watching: Walker almost immediately began fundraising on the blowback, saying in an email blast to supporters: "I need the resources to talk directly to the voters and clear the record." 

In a Twitter post Tuesday, Walker's campaign manager Scott Paradise confirmed that Walker saw one of his best fundraising days yet following the report — though it didn't fall within the recently released reporting period. 

Atlanta

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A daily look at the most significant and interesting stories affecting Atlanta. Written by Emma Hurt, Kristal Dixon and Thomas Wheatley.

Axios Atlanta Thought Bubble

Axios Atlanta

Herschel Walker trails Sen. Warnock in fundraising despite record quarter

Walker raised more than $12 million in the last three months.

Photo illustration of Raphael Warnock tinted blue and Herschel Walker tinted red separated by a white halftone divider.

Photo illustration: Brendan Lynch/Axios. Photos: Paras Griffin and Megan Varner/Getty Images

Georgia

President Biden said Wednesday during a visit to survey damages from the deadly Hurricane Ian in Florida that "the one thing this has finally ended is the discussion about whether or not there's climate change, and whether we should do something about it," referencing devastating weather events in recent months.

Driving the news: Biden met with Republican Gov. Ron DeSantis, who during earlier remarks praised state, local and federal coordination in the wake of the storm making landfall in his state last week.

Our thought bubble, via Axios' Andrew Freedman: Climate change is leading to wetter storms, with a rapid analysis showing that Hurricane Ian likely dropped 10% more rain on Florida due to human-induced climate change than it would have otherwise. 

In addition, studies show a link between rapidly intensifying hurricanes such as Ian and global warming, due to warming sea and air temperatures, among other factors.

Biden also reaffirmed the federal government's commitment to aid following one of the most powerful storms ever recorded in the U.S.

At least 80 people have died as a result of Ian.

The widespread damage caused by Hurricane Ian has renewed discussion on building hurricane-resistant communities as well as on the difficult — and often emotional — choices people face when deciding whether to leave their homes or stay and rebuild in the face of devastating storms.

While DeSantis and other Republican politicians in Florida have historically objected to major climate policy, "those leaders want federal help to rebuild their state — but don’t want to discuss the underlying problem that is making hurricanes more powerful and destructive," The New York Times reported.

Of note: The White House and DeSantis have appeared conciliatory as southwest Florida reels from Ian. That dynamic has drawn media attention given their past tension, as recently as weeks ago when DeSantis sent a group of migrants to Martha's Vineyard in Massachusetts.

How you can help Hurricane Ian recovery efforts

DeSantis ramps up crusade against media on heels of Biden visit

Editor's note: This story has been updated with new details throughout.

Biden says events like Hurricane Ian end climate change debate

Biden visited Florida to survey damages from the deadly storm.

US President Joe Biden speaks in a neighborhood impacted by Hurricane Ian at Fishermans Pass in Fort Myers, Florida, on October 5, 2022 as Florida Governor Ron DeSantis looks on.

President Biden speaks in a neighborhood impacted by Hurricane Ian in Fort Myers, Fla., on Oct. 5 as Florida Gov. Ron DeSantis looks on. Photo: Olivier Douliery/AFP via Getty Images

Climate change

An appeals court on Wednesday granted a motion from the Department of Justice to fast-track its appeal in the special master case involving documents seized in the FBI's search at Mar-a-Lago.

Driving the news: "Having consulted with the Chief Judge, the appeal will be assigned to a special merits panel from the classified appeals log randomly selected by the Clerk," per the filing.

The 11th Circuit in the Wednesday filing also set the deadline for all briefs to be submitted to the court by Nov. 17.

The big picture: The 11th U.S. Circuit Court of Appeals sided with the DOJ last month and granted the department's request to resume reviewing classified documents from Mar-a-Lago.

The DOJ on Friday asked the 11th Circuit to expedite its ruling on the special master’s appointment, contending that its inability to review non-classified documents was impeding its investigation, Reuters reports. 

Trump on Monday opposed the DOJ's request to speed up its appeal, saying "the government has not and cannot possibly articulate any real risk of loss or harm resulting from a more deliberative process."

JDExpediteAppealGranted_10052022

Go deeper: Here's what we know and don't know about the Mar-a-Lago inquiry

Court grants DOJ motion to expedite appeal in special master case

"The appeal will be assigned to a special merits panel from the classified appeals log randomly selected by the Clerk."

The Department of Justice (DOJ) building on Thursday, Aug. 18, 2022 in Washington, DC.

The Department of Justice building on Aug. 18 in Washington, DC. Photo: Kent Nishimura/Los Angeles Times via Getty Images

Department of Justice (DOJ)

The White House announced Wednesday its plan to protect borrowers from scammers as the administration gears up to roll out its application for student loan forgiveness.

Driving the news: The efforts include "educating borrowers about how to protect themselves against scams and accelerating efforts to share scam complaints with states," the White House said.

One of the "most critical ways to prevent scams" is "developing a clear, simple, and secure site for borrowers to apply for debt relief and have the most up to date information from trusted sources," the White House said. 

The administration also said that it plans to release student debt relief "Do's and Don'ts" to help borrowers avoid potential scams. 

The White House also said it will work across the government and with states to "analyze trends in scam complaints in real-time, sharing this information with states to combat scams." 

The big picture: The effort comes as the Biden administration plans to launch the application for student loan forgiveness this month.

Go deeper... Dept. of Education faces lawsuit over Biden's student loan plan

White House on lookout for scams ahead of student loan forgiveness applications

The efforts include "educating borrowers about how to protect themselves against scams."

Students study in the Rice University Library on August 29, 2022 in Houston, Texas

Students study in the Rice University Library in Houston on Aug. 29 . Photo: Brandon Bell/Getty Images

Student debt

Ron DeSantis

Georgia Gov. Brian Kemp (R) has raised a staggering $28.7 million in the last three months, between his campaign and PAC. 

Why it matters: Kemp has $15.4 million cash on hand, according to his campaign. He heads into the final stretch of his reelection campaign against two-time Democratic opponent Stacey Abrams with more fundraising power than he's ever had at his disposal. 

The big picture: The quarterly sum is more than the $22.4 million Kemp raised in total during his first 2018 race against Abrams, underscoring the dramatic increase in national attention on the state.  

It's also quadruple the amount of money Kemp raised during his last fundraising quarter. 

Catch up quick: Last spring Kemp's campaign hired former vice president Mike Pence's former top aide Marc Short to help with national fundraising. 

Polls currently show Kemp about five points ahead of Abrams.

Yes, but: Abrams has consistently out-raised Kemp. She has not yet reported her fundraising totals. 

Of note: The campaign's complete finance report, including geographic data, wasn't immediately available Wednesday.

Brian Kemp posts personal record fundraising quarter

Kemp heads into the final stretch against Stacey Abrams with more fundraising power than he's ever had.

Brian Kemp gives a thumbs up as he steps out of a campaign bus

Gov. Brian Kemp arrives at an Alpharetta rally last month. Photo: Elijah Nouvelage/Getty Images

Brian Kemp

The estimated number of violent crimes in the U.S. decreased slightly in 2021, according to statistics released by the FBI — but the data is incomplete.

Why it matters: The figures from President Biden's first year come as Republicans seek to make crime a major issue before the midterms, an issue that polls show voters give an edge to the GOP.

By the numbers: Violent crime volume decreased by 1% in 2021, from 1,326,600 in 2020 to 1,313,200.

The estimated number of murders increased from 22,000 in 2020 to 22,900 in 2021, a 4.3% increase. 

Rates of robberies decreased 8.9% from 2020 to 2021, contributing significantly to the decrease in overall violent crime.

Yes, but: Nearly 40% of law enforcement agencies nationwide, including the New York City Police Department and Los Angeles Police Department, failed to report their 2021 crime data to the FBI, according to data provided to Axios Local from a partnership with The Marshall Project.

That will result in a data gap that experts say makes it harder to analyze crime trends and fact check claims politicians make about crime, reports The Marshall Project's Weihua Li.

The FBI's annual data set is the country's foremost way to understand how crime across the U.S. is changing, measuring things like how many murders or rapes took place last year or how many people were arrested.

Between the lines: Social-economic changes, like the pandemic, inflation and economic uncertainty have contributed to jumps in crime, Robert Arcos, chief of the Bureau of Investigation in the Office of the Los Angeles County District Attorney, told Axios.

Meanwhile, police departments are experiencing officer shortages and pressures to reform policing tactics two years following the murder of George Floyd.

Flashback: The estimated number of violent crimes across the U.S. rose for the first time in four years in 2020, according to statistics released by the FBI last year.

The estimated rate of violent crime — such as murder, rape, robbery and aggravated assault — was 387.8 offenses per 100,000 inhabitants, a 5.6% increase from 2019's rate.

Yes, but: Violent crime rates in 11 of the largest communities along the U.S.-Mexico border stayed below the national average in 2020, an Axios analysis of that year found. 

Roughly half of America's medium- and smaller-sized communities with majority Black populations actually saw drops in overall reported violent crime in 2020, per Axios analysis.

The bottom line: Trends in crime are connected to nuance and complexity that are difficult to expand in soundbites but easy to exploit. 

Fears about crime historically have helped Republicans who take "tough on crime" approaches that poll well.

Editor's note: This story and headline were updated to reflect that the FBI data is incomplete.

FBI says U.S. violent crimes decreased in 2021, but data is missing

The figures from President Biden's first year come as Republicans seek to make crime a major issue before the midterms.

Police investigate a crime scene where three people were shot at a housing complex on June 23, 2021, in Chicago.

Police investigate a crime scene where three people were shot in Chicago in June last year. Photo: Scott Olson/Getty Images.

Crime

Federal Bureau of Investigation Director Christopher Wray 

A federal judge ordered Texas Attorney General Ken Paxton (R) to testify in a lawsuit related to abortion rights funding in a reversal from a previous ruling that quashed the subpoena.

Driving the news: "The Court will not sanction a scheme where Paxton repeatedly labels his threats of prosecution as real for the purpose of deterrence and as hypothetical for the purposes of judicial review," U.S. District Judge Robert Pitman wrote in the filing on Tuesday. 

"Because the Court was forced to decide Paxton's motion to quash on a very limited timeframe ... and because the Court relied on Defendant's representations as accurate depictions of when Paxton had been served and notified of his expected testimony, the Court issued its ruling on incomplete facts," per the filing.

The big picture: Paxton fled his home last week after a process server arrived to try to serve a subpoena for a federal court hearing in a suit brought by nonprofits seeking to fund out-of-state abortions for Texans.

Paxton said that he left his home "to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family."

The judge rescinded the subpoena after the process server alleged that Paxton ran away from him and avoided him for more than an hour inside his house before leaving in a truck driven by his wife.

Go deeper... Texas bar sues to punish AG Paxton for attempt to overturn election

Texas AG ordered to testify after allegedly fleeing home to dodge subpoena

"The Court will not sanction a scheme where Paxton repeatedly labels his threats of prosecution as real."

Ken Paxton, Texas attorney general, speaks during the Conservative Political Action Conference (CPAC) in Dallas, Texas, US, on Friday, Aug. 5, 2022

Ken Paxton speaks during the Conservative Political Action Conference in Dallas on Aug. 5. Photo: Dylan Hollingsworth/Bloomberg via Getty Images

Texas

U.S. citizen Baquer Namazi, 85, left Iran on Wednesday after spending more than six years in detention.

Why it matters: The State Department maintains that both Namazi and his son, Siamak, were unjustly detained in Iran.

Siamak Namazi, a businessman, was detained in Iran in 2015 and his father Baquer — a former UNICEF official — was detained in early 2016 after traveling to try and see his son and appeal for his release. 

Both men were charged with espionage by the Iranian authorities.

The big picture: Attorney Jared Genser confirmed in a tweet Wednesday morning that Namazi's plane had safely landed in Muscat, Oman.

From there, Namazi will travel to Abu Dhabi for urgent medical treatment," Genser tweeted.

Namazi will undergo surgery to clear an arterial blockage that puts him at risk of stroke, CNN reported.

State Department spokesperson Ned Price announced over the weekend that Iran had lifted the travel ban on Namazi and granted a humanitarian furlough to his son, enabling him to be with his father before he left the country.

What they're saying: “It is impossible to articulate and describe sufficiently how I am feeling. I am just so grateful that after so long, I will shortly be able to embrace my father again,” Babak Namazi, Baquer Namazi’s son and Siamak's brother, said in a statement, NBC News reported.

“My brother Siamak as well as Americans Emad Sharghi and Morad Tahbaz remain detained in Iran and our nightmare will not be over until our entire family and the other Americans are reunited with their families," he added.

U.S. citizen leaves Iran after being detained for more than 6 years

The former UNICEF official was detained in early 2016 after traveling to try and see his son.

Baquer Namazi speaks to the press upon his arrival to the Omani capital Muscat on Oct. 5. Photo: AFP via Getty Images

Iran

China is becoming the most formidable rival America has faced, and the risk of confrontation with Russia, North Korea or Iran still looms. Authoritarians are rising, the chaotic Afghanistan exit revealed the limits of U.S. power, and the pandemic, climate change and other critical challenges continue to pose grave threats.

World

"Disturbing accounts" are emerging of torture, widespread enforced disappearances and the arbitrary detention of Ukrainian civilians in territories controlled by Russian forces, United Nations human rights monitors warn.

The big picture: The update to the UN Human Rights Council raising concern about a "dire human rights situation" in Ukraine came as Ukrainian forces recaptured more territory in the east and south, in areas Russian President Vladimir Putin has claimed to have annexed into Russia.

Details: Christian Salazar Volkmann, director of UN field operations, told the Human Rights Council in Geneva that UN officials had received reports of two Ukrainian servicemen being "tortured to death," along with other allegations of violations of human rights and international humanitarian law.

Volkmann said officials were concerned "about the rights to freedom of opinion, expression and peaceful assembly" in Russian-controlled areas of Ukraine, with multiple civil and political rights violations and Ukrainian TV and radio stations replaced with Russian media.

"The people in Ukraine have experienced unspeakable suffering and devastation," said Volkmann, whose report was based on over 1,000 interviews and dozens of visits by UN officials.

The other side: Russian officials to the UN called Volkmann's report "one-sided and unbalanced."

UN human rights commission says war crimes were committed in Ukraine

What counts as a war crime and why they're so hard to prosecute

UN warns of rights violations in Russian-controlled areas of Ukraine

"The people in Ukraine have experienced unspeakable suffering and devastation," UN official says.

 Workers fix a Russian national flag on wires with a damaged building in the background in Mariupol on September 25.

Workers fix a Russian national flag on wires in front of a damaged building  in the Russian-occupied Ukrainian city of Mariupol on Sept. 25. Photo: AFP via Getty Images

Ukraine

Russia

Russian President Vladimir Putin signed laws Wednesday claiming the annexation of Ukraine's Kherson, Zaporizhzhia, Donetsk and Luhansk regions into Russia.

Why it matters: Russian officials have said the four annexed regions would have Moscow's "full protection," hinting that nuclear weapons may be an option. 

U.S. officials have warned their Kremlin counterparts about the "catastrophic consequences" of such action.

The big picture: The four regions Putin claims to have annexed make up 15% of Ukraine. However, his forces don't fully control any of those regions and they've continued to lose territory there to Ukraine's military, according to multiple reports.

Driving the news: Russia's lower house of Parliament announced in a statement that Putin had signed the laws, a day after both Russian houses voted to ratify the annexations following referendums in the Russian-occupied areas — which Ukrainian and Western officials denounced as a "sham."

State of play: The British Ministry of Defense said in an intelligence update on Wednesday, the 224th day of war, that Ukrainian forces were continuing to advance along both the northeastern and southern fronts — making key gains in the Kharkiv region in particular.

Ukraine President Volodymyr Zelensky said in an address Tuesday night the Ukrainian Army had carried out a "fast and powerful advance" in the south. 

"Dozens of settlements have already been liberated from the Russian sham referendum this week alone," Zelensky said. "In Kherson region, Kharkiv region, Luhansk region and Donetsk region altogether."

Meanwhile, the Russian Defense Ministry made no mention of territorial losses in a Tuesday video briefing, but it featured maps showing Putin's forces no longer controlled several areas they previously held in the Kherson and Kharkiv regions, Al Jazeera notes. 

What we're watching: While it was not immediately clear where the Kremlin regards the borders of the newly claimed territories to be, Axios' Laurin-Whitney Gottbrath notes it will now deem the battles in the four regions to be taking place on Russian soil.

Go deeper: A reality check on Putin’s nuclear threat

Editor's note: This article has been updated with new details throughout.

Putin signs laws to annex 4 Ukrainian regions into Russia

Putin's forces don't fully control any of those regions.

Russian President Vladimir Putin chairs a Security Council meeting via a video link at the Kremlin in Moscow on September 9.

Wednesday's politics & policy stories