Jill Replogle
covers public corruption, debates over our voting system, culture war battles — and more.
Published September 29, 2023 5:00 AM
The 2021 Pacific Airshow in Huntington Beach.
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Mario Tama
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Topline:
The Pacific Airshow is taking place in Huntington Beach this weekend after the city agreed to pay the company at least $5.4 million in what some say is a politically tinged deal.
The backstory: In October 2021, the city canceled the final day of the three-day airshow after oil began gushing from an underwater pipeline and moving toward the Huntington Beach shoreline. A year later, the organizer sued for breach of contract.
What happened next: A lot of turmoil — and accusations by some that the current city council majority caved to an organizer who helped get them elected.
Jets are blazing across the sky in and around Huntington Beach on the first day of the Pacific Airshow that starts Friday and continues over this weekend.
In recent years, more than half a million visitors have come out to watch eye-and-ear popping aerial demonstrations from the U.S. Air Force Thunderbirds and other renowned daredevils.
The event has also become a political lightning rod in the increasingly fractious beach city.
Why opinions are divided
Some say the airshow promoter got a suspiciously sweet deal in a recent legal settlement with the city. Others say Huntington Beach should support the airshow, and its hometown promoter, in any way it can.
At issue are questions of political quid pro quo, transparency and how cities determine whether and how much to support special events put on by private companies.
The backstory
Fans watch the 2021 Pacific Airshow in Huntington Beach.
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Michael Heiman
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Here’s a guide to what happened, why this matters for residents and what’s to come.
First the shorthand timeline:
In October 2021, the city canceled the final day of the three-day airshow after oil began gushing from an underwater pipeline and moving toward the Huntington Beach shoreline.
A year later, in October 2022, airshow organizer Kevin Elliott sued the city, saying the previous year's cancellation amounted to a breach of contract. Elliott also supported the election of new city council members who promised to support the airshow.
Then, earlier this year, that new city council majority approved a minimum $5.4 million settlement with Elliott plus a potential additional $2 million if the city recoups money from the companies responsible for the oil spill.
About Huntington Beach politics
The strong and distinct reactions to the deal from residents and officials in this city of 200,000 residents illustrate intensifying political divisions. While Huntington Beach is traditionally conservative, the electorate had been trending more purple in recent years. Then, in November, voters handed a solid victory to four ardently conservative candidates.
Huntington Beach Mayor Tony Strickland, a Republican former state legislator who ran Larry Elder's 2020 presidential campaign, said the settlement was good for the city.
"Anything that brings in $70 million to our local economy, that's worth it," Strickland said, referring to an economic impact report on the 2022 airshow.
On the other side, City Councilmember Dan Kalmick, one of three Democrats on the council, said Huntington Beach taxpayers got a "horrible deal." He and the other two Democrats on the council voted against the airshow settlement.
"The settlement, as publicized, goes well beyond any exposure the city had for cancellation of one day of an airshow, which it didn't even do," Kalmick said. He said multiple authorities — state, federal and local — agreed the airshow had to be canceled so that monitoring and clean-up crews could get to work.
Kevin Elliott, organizer of the Pacific Airshow and CEO of event company Code Four.
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What the airshow organizer says
Elliott, for his part, says he regrets that the airshow has gotten wrapped up in local politics. (We should note that after we published this story, it was announced that former President Donald Trump would do a flyover as part of Friday’s airshow lineup. Trump is on his way to the California Republican Party convention in Anaheim.)
Elliot told us that, at heart, he's a "plane brain" who's especially excited this year to watch the F-22 Raptor do "things that an airplane shouldn't do, including flying backwards and all kinds of really cool stuff."
"I just want to put on a great event and I want to go back to running my business and having a good time," he told LAist. "And staying out of the newspaper. That would be my goal."
The start of the problems: The oil spill
On Friday, Oct. 1, 2021 coastal authorities got a call reporting an oil sheen off the coast of Huntington Beach. Amplify Energy, ultimately responsible for the spill, later said it found out Saturday morning about the pipeline leak from one of its offshore oil platforms.
A worker with Patriot Environmental Services stands near bags of oil collected throughout Sunday morning near the mouth of the Santa Ana River and Talbert Marsh.
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Jill Replogle
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That same Saturday, the Pacific Airshow went on, as planned as local officials tried to understand the extent of the oil spill and whether and when it might reach shore. By afternoon, boaters watching the airshow from the ocean began reporting oil in the water.
City and state parks authorities closed the water at many of the area beaches to swimming and surfing.
In order to facilitate clean-up efforts, and given the potential health impacts, the decision has been made to cancel...
That evening, then-Huntington Beach Mayor Kim Carr appeared at a news conference with the city's marine safety chief, Eric McCoy, and several other officials. Carr said a decision about whether to cancel the third and final day of the airshow would be made the following morning.
At the time, the leak was estimated to be around 126,000 gallons of oil, which McCoy said was considered a major spill by the U.S. Coast Guard. Later estimates revised that down to a much smaller amount, around 25,000 gallons.
On Sunday morning, Oct. 3, 2021, the city announced that the airshow was canceled "in order to facilitate clean-up coordination efforts, and given the potential health impacts from the ongoing situation."
Beaches were closed and remediation workers were dispatched to mop up the oil that had already washed up on the shore and into several sensitive wetland areas. The coast reeked of petroleum.
A sign keeps beachgoers off the sand.
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Jill Replogle
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Impact of the 2021 cancellation
The airshow cancellation was devastating for Elliott. "It was probably one of the worst days of my professional life," Elliott said. "What we had put together in 2021 was essentially the Super Bowl of air shows."
Plus, the previous year, 2020, the entire airshow had been canceled because of the COVID-19 pandemic.
Elliott, who also runs an event company called Code Four, said he lost "in the multi-millions" the day of the oil spill. "We put over $750,000 worth of catering in the trash," he said.
It was also upsetting for patrons, some of whom had spent hundreds or thousands of dollars on premium tickets for the last day of the show.
The airshow is free to watch from part of the city beach and nearby state beaches. But Elliott also sells tickets, for example, for seating on the Huntington Beach pier or for a private cabana on the beach. This year, prices range from $25 to more than $5,000 for a group.
Elliott said he eventually reimbursed everyone who had bought tickets "out of my own pocket."
The legal battle that followed
The following year, 2022, Elliott asked the city to give him a break on some of the fees and other expenses involved with putting on the airshow — as the city had in previous years. Specifically, the city had previously credited Elliott up to $110,000 in parking revenue generated over the airshow weekend toward his bill for permits, reserved parking, and extra public safety staff needed for the event.
Elliott's city bill for the 2022 airshow, according to a presentation at the time, was expected to be around $257,000.
This time, though, Elliott made a last-minute request that all of the city's parking revenue generated by the airshow be credited toward his bill, with no cap.
The city council at the time denied his request by a vote of 6 to 1 and decided to revoke the parking credit completely. City officials and staff at the time noted that Huntington Beach didn't grant this kind of credit to the organizers of any other big events in the city, including the U.S. Open of Surfing, which has drawn crowds similar in size to the airshow, although over a longer period of time.
Former Councilmember Mike Posey told LAist the parking "subsidy … was always supposed to be temporary" until Elliott could attract a corporate sponsor for the airshow. A smaller, previous iteration of the airshow, before Elliott took it over, was sponsored by Swiss watchmaker Breitling.
But Elliott saw the city's decision to revoke the parking subsidy as the latest in a series of efforts, starting with the 2021 post-oil spill cancellation, to shut the airshow down.
The following month, Elliott sued the city and then-Mayor Carr.
In his complaint, he alleged the 2021 cancellation amounted to a breach of contract and damaged the airshow's reputation. He also claimed that subsequent actions taken by Carr and the city, including removing the parking subsidy, were retaliation for Elliott raising concerns about the cancellation.
They basically told me to pound sand and left me with no choice but to protect my interests.
— Kevin Elliot, on city's response to his concerns
Elliott told LAist he felt slighted after investing heavily in the airshow to try and make it profitable and to bring tourism benefits to the city.
"I wish that the city had come forth and said, 'Hey, you've been a great partner to the city, you're a local kid … we understand that you've been damaged by this and we want to try to do the right thing.' But instead they basically told me to pound sand and left me with no choice but to protect my interests."
Initially, the city tried to get the lawsuit dismissed, claiming it had no factual basis. But then it seemed to do an abrupt about-face, settling with Elliott for at least $5.4 million, to be paid out incrementally through January 2029. What changed?
What a phenomenal weekend!! We shared our beach with MILLIONS of people from around the world who came out to enjoy the...
How the air show became a hot-button campaign issue
A seat on the Huntington Beach city council is generally considered a non-partisan position — a candidate's political party is not listed on the ballot. But Huntington Beach had traditionally had a conservative-leaning council. That changed after the 2020 election, but not the way you might think.
Tito Ortiz, a mixed martial arts fighter and staunch conservative, won a seat on the council in 2020 and then resigned six months later. In his place, the council appointed left-leaning attorney Rhonda Bolton, giving Huntington Beach's city government a majority Democrat block.
They passed pro-housing measures and voted to fly the Pride flag outside city hall every June — with the support of the council's moderate Republicans. A backlash ensued.
A group of residents attempted to recall six of the seven council members in 2021. But the effort failed to make it to the ballot. They set their sights on the 2022 general election.
The Lincoln Club and several other conservative political action committees coalesced around a slate of four conservative council candidates — Strickland, Casey McKeon, Pat Burns and Gracey Van Der Mark — dubbed by supporters the "Fab 4," plus city attorney Michael Gates, who was running for re-election. (Huntington Beach is one of the few cities in California where voters elect their city attorney.)
They paid for mailers and signs saying the candidates would "save" Huntington Beach — and "save" the airshow.
On Oct. 27, 2022, the candidates held a "victory rally" at the Huntington Beach pier. Elliott's company, Code Four, provided the sound and some of the signage for the rally, he said.
Elliott said the work was "pretty simple" and cost him less than the $1,089 that the four city council candidates claimed as in-kind contributions in campaign finance disclosures.
Elliott did not donate money directly to any of the four council candidates or city attorney Gates. (His company Code Four did give money, the maximum $4,900 allowed, to the 2022 winning campaigns of state Republican state legislators Diane Dixon and Janet Nguyen.)
"Franky, I supported them as much as I could without creating any kind of a conflict of interest for them," Elliott said of the council candidates. "Because, you know, they campaigned on saving the air show and I've invested millions and millions of dollars in saving this air show for the city, so our interests were pretty aligned in that regard."
I have substantial questions about the relationship between the four newly elected council members, the city attorney and Elliott.
— City Councilmember Dan Kalmick
But looking back — post-election and post-airshow settlement — some political opponents and civic watchdogs see the rally and Elliott's work on it as part of a suspicious pattern.
"I have substantial questions about the relationship between the four newly elected council members, the city attorney and Elliott," said Kalmick, one of the liberal council members.
Kalmick also pointed to several photos from the 2022 airshow posted to Facebook showing Elliott and his wife posing on the beach with the "Fab 4" candidates. (Elliott said he regularly invites candidates, council members and many others to the show, "Democrats, Republicans, my mom's friends, you know, my friends that were my teachers in the first grade.")
All four council candidates and city attorney Gates won their election in November.
The settlement and concerns about quid pro quo
In March 2023, Gates, the city attorney, filed a request in Orange County Superior Court to have Elliott's airshow cancellation lawsuit dismissed. Gates and deputy city attorney Lauren Rose argued that the city was "legally permitted to cancel the Airshow due to unforeseen circumstances rendering performance impossible due to health and safety reasons."
They also said this about Elliott's claim that revoking the parking subsidy was retaliation: "it is speculative and unsubstantiated how this was in any way connected to [Elliott's] negative comments regarding the City's reaction to the unexpected and disastrous oil spill."
But less than two months later, Gates, Elliott, Strickland and two of the other conservative council members held a news conference announcing a settlement. "Ladies and gentlemen, we saved the airshow," Strickland said to applause.
"The previous city council was not business-friendly and not airshow-friendly," he went on. "The Fab 4 …saved the airshow by putting the hard work and leadership required to solve this conflict."
In dollars, what they put in is $4,999,999 of city funds spread out over seven years, with the first payment of $1,999,000 due before July 31.
The city also agreed to:
Forfeit $194,945 in fees still owed by Elliott for the 2021 airshow.
Refund him $149,200 from the 2022 airshow, when the city council declined to give him the parking subsidy.
Reinstate the parking subsidy, starting at a minimum, rather than maximum, of $110,000. Plus, waive parking fees for up to 600 spaces for airshow setup and takedown.
Pay Elliott up to an additional $2 million of any money the city recovers from the oil companies responsible for the 2021 spill.
Those are the details in the settlement summary released to the public. Gates has declined to make the full settlement public, raising questions about what else the city may have agreed to.
A legal push for more transparency
Gina Clayton-Tarvin, a local school board member and former city council candidate, has sued Gates under state public records law in an effort to get the full settlement released.
Gates told LAist earlier this year that he hasn't released the full settlement agreement because there's still pending litigation in the airshow saga and doing so could compromise the city's position in that litigation. "But if a judge were to order the release of [the settlement], I'm happy to release it," Gates said.
Both sides of the settlement say it was a tough negotiation and neither side got everything they wanted. "We get a lot more as a city than we're giving out," Strickland said. "It's not even a close call."
Earlier this year, a former Huntington Beach mayor and a former planning commissioner tried to intervene to halt the settlement agreement. Thus far, they haven't been successful, although Lee Fink, a lawyer working with them, has said they haven't given up.
At the same time, Elliott hasn't dropped his lawsuit against former Mayor Carr for her role in canceling the 2021 airshow. In his complaint, he said Carr "unilaterally" canceled the airshow because of her personal feelings towards Elliott, and in order to garner media attention to “further her own political career.”
Carr told LAist earlier this year that the claim was bogus. "He's created a completely fantastic tale of somehow I unilaterally canceled the air show," she said. "As the mayor of Huntington Beach, you do not have the authority to issue permits, consequently, you don't have the authority to cancel permits."
She said she didn't understand why the city would offer millions to settle what she called "an easily dismissible lawsuit." Then she corrected herself.
"Well, I do understand why the new council majority would settle. I mean, [Elliott] is their friend, their ally," Carr said. "To me, it smacks of corruption, definitely feels like a pay to play."
What about the oil company responsible for the spill that caused the 2021 airshow to be canceled? Amplify Energy recently settled a $45 million class action lawsuit with impacted businesses and property owners.
Elliott's company was not part of that settlement, but he said he's been "in very intensive pre-litigation settlement discussions" with the company.
The city of Huntington Beach also plans to pursue money from Amplify. How much could come back to city coffers after the Pacific Airshow gets its $2 million cut is unknown.
Fink, the lawyer, said his clients would likely be enjoying the airshow this weekend. "No one’s against the Airshow," he wrote in an email. "The Airshow will go on regardless of the litigation. But people are against a $7 Million giveaway to a political supporter under the guise of a settlement agreement in a frivolous case."
H.R., a physical education teacher at a high school in the West Contra Costa Unified School District, on Nov. 7, 2025.
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Manuel Orbegozo
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Topline:
The Trump administration is now requiring new H-1B visa applicants to pay $100,000. School districts that depend on hiring foreign workers to fill teacher jobs, especially in special education and bilingual education, say they can’t afford the new fee.
Why now: In September, the Trump administration began requiring American employers to pay a $100,000 sponsorship fee for new H-1B visas, on top of already required visa application fees that amount to $9,500 to $18,800, depending on various factors. These visas allow skilled and credentialed workers in multiple job sectors to stay in the U.S.
Why it matters: Most foreign workers on H-1Bs in California work in the tech sector. But California also relies on H-1B visas to address another issue: a nationwide teacher shortage and a high demand for staff in dual-language education and special education in K-12 districts.
Read on... for what this means to California schools.
There is a new cost to hiring an international worker to fill a vital but otherwise vacant position in a California classroom: $100,000.
In September, the Trump administration began requiring American employers to pay a $100,000 sponsorship fee for new H-1B visas, on top of already required visa application fees that amount to $9,500 to $18,800, depending on various factors. These visas allow skilled and credentialed workers in multiple job sectors to stay in the U.S.
Most foreign workers on H-1Bs in California work in the tech sector. But California also relies on H-1B visas to address another issue: a nationwide teacher shortage and a high demand for staff in dual-language education and special education in K-12 districts.
Data from the California Department of Education shows school districts filed more than 300 visa applications for the 2023-24 school year, double the amount from just two years earlier. Educators and school officials say its overseas workers on visas are highly skilled, instrumental in multilingual education, and fill historically understaffed positions in special education.
Now education leaders are sounding the alarm that the high additional fee for overseas workers will worsen the strain on California’s public education system.
International employees fill a much-needed gap for school districts
California continues to face an ongoing teacher shortage. In 2023, California K-12 schools staffed 46,982 positions with employees whose credentials did not align with their job assignments, according to data from the California Commission on Teacher Credentialing. Another 22,012 educator positions were left vacant that year. Of total misassignments and vacancies, around 28% were in English language development and 11.9% were in special education.
California school districts have also resorted to hiring teachers who haven’t yet obtained certain credentials, according to a study by the nonprofit Learning Policy Institute. Facing a need for teachers, school districts have found that trained professionals from other countries are willing — and qualified — to take classroom jobs that would otherwise go unfilled.
A student letter written for H.R., a physical education teacher.
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Manuel Orbegozo
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Books on physical education in the office of H.R. at a high school in the West Contra Costa Unified School District, on Nov. 7, 2025.
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In 2023, in the Bay Area east of San Francisco, West Contra Costa Unified School District had 381 misassigned positions and 711 vacancies, according to the commission. So the district turned to foreign educators, hiring about 88 teachers on H-1B visas — a majority from the Philippines, Spain and Mexico — to teach in mostly dual-language and special education programs, said Sylvia Greenwood, the assistant superintendent for human resources at the district.
“With our shortages in special ed, they were a good fit for our district. And so, therefore, we kept that pipeline open and brought teachers here from the Philippines to support our students and our students with special needs,” Greenwood said.
The decline in the number of credentialed special education teachers continues to worsen. Between 2020 and 2024, the number of credentials earned to teach special education decreased by almost 600 across California, according to data from the California Commission on Teacher Credentialing. The number of temporary permits and waivers granted by the commission increased by about 300 during the same period.
Francisco Ortiz, the president of United Teachers of Richmond and a teacher at Ford Elementary School in West Contra Costa, said the workload for teachers in the district will increase if West Contra Costa Unified is unable to bring in new international teachers.
This would create “greater instability” for students, he said, adding, “It's going to have a great impact in special education, which is already on fire.”
California school district officials say they are unsure they can pay the new fee to fill hiring gaps with international employees. West Contra Costa officials said they do not know yet who will be responsible for paying the new fee: the district, international teachers themselves or another party.
“We are a district that is dealing with a structural deficit as well, and so that cost, in a lot of ways, is going to be very difficult for our district or really any school district, to be able to take that on,” said Cheryl Cotton, the superintendent for West Contra Costa.
It’s essentially a giant ‘Keep Out’ sign.
— Laura Flores-Perilla, an attorney with L.A.-based Justice Action Center
Pasadena Unified, in Southern California, filed about a dozen applications for H-1B visa sponsorships in 2024. Now the district, facing a $27 million budget deficit, will require those applying for H-1B visas to pay for it themselves, according to district spokesperson Hilda Ramirez Horvath. She said foreign employees will also no longer receive other types of financial support, including legal or filing fees related to immigration processing.
Language programs benefit from international teachers
District officials are also worried about the cultural costs of losing international educators. Educators on H-1B visas make dual-language public schools possible, giving families in California a unique multicultural education that sticks with their children for life.
Kelleen Peckham, a mother to two children in West Contra Costa, said she chose to transfer her daughter to Washington Elementary School in Richmond because it has a dual-language immersion program that teaches students to speak and read Spanish.
Peckham also plans to send her son, who will start kindergarten next year, to the same school even though it takes the family an extra 15 minutes to drive there.
“My husband's family is from Mexico, and so [their] grandmother, on one side, only speaks Spanish,” Peckham said. “It's important for [them] to be able to communicate with [their] family and extended family.”
She said if the dual-language immersion program at Washington Elementary doesn’t survive, she would consider transferring her children back to the school in their neighborhood.
First-grade students walk to their classroom at the start of the day during summer session at Laurel Elementary in Oakland on June 11, 2021.
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Fee spells ‘Keep Out’ to foreign workers
Within weeks of the fee’s announcement, a coalition of international worker groups, unions and religious organizations sued the Trump administration, alleging the fee would inhibit staffing in education, medicine and ministry services.
“It’s essentially a giant ‘Keep Out’ sign for prospective individuals looking to utilize the visa process to be able to come to the United States and fill these roles and provide these services,” said Laura Flores-Perilla, an attorney with the Justice Action Center, a Los Angeles-based immigration litigation group representing the coalition in its lawsuit.
“It's not just going to hurt these individuals who have this pathway to do this, but it's also going to hurt employers within the United States,” Flores-Perilla said.
Although the fee only applies to new visa applicants, many international teachers are feeling less welcomed to work and live in the states. A.F., an international elementary school teacher in the West Contra Costa Unified School District, said many teachers are still concerned the federal government will announce new policy changes that could force them to leave the U.S.
“I feel like it's a form of discrimination to impose [a] $100,000 fee for teachers,” A.F. said.
A.F., an elementary school teacher who works on a H-1B visa at West Contra Costa School District, writes out a list of grammar rules he will teach his students the next day.
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A.F., who is currently on an H-1B visa, asked to only give his initials because he fears speaking publicly will affect his ability to receive a green card in the future. He immigrated from the Philippines to California five years ago on a J-1 visa before transferring to an H-1B visa at the beginning of 2025. J-1 visas allow visitors to temporarily stay in the U.S. to participate in certain programs, including teaching, studying, conducting research and more, according to U.S. Citizenship and Immigration Services.
A.F. said the district previously paid for all of his immigration costs for his H-1B visa, which amounted to more than $3,700 for processing fees and an immigration attorney.
The future is uncertain for H-1B visa hopefuls
H.R., a physical education teacher in West Contra Costa who works on a short-term J-1 visa, said he moved his family from Mexico to the U.S. three years ago to work at one of the district’s high schools because he felt it would be safer to raise his daughter in the U.S. H.R. requested to use only his initials because he doesn’t want to jeopardize his ability to apply for the H-1B visa in the future.
“My biggest reason [for moving] is my daughter,” he said. “Me and my wife decided that it would be a good chance for her [and] a big opportunity to learn the language and to grow up in a different environment.”
H.R. can’t apply for the H-1B visa because he missed the deadline and West Contra Costa Unified is now unlikely to pay for his immigration fees. After his visa expires in June 2026, H.R. will move back to Mexico with his family and reapply for the J-1 visa in hopes of returning to California.
“Everybody says here that they need teachers in California … but they don't want to do anything to [help us stay] here,” H.R. said.
H.R., a physical education teacher at a high school in the West Contra Costa Unified School District, on Nov. 7, 2025. H.R., who immigrated to the U.S. two years ago, may have to return to his home country due to a new H-1B visa fee implemented by the Trump administration.
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Manuel Orbegozo
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At the Los Angeles Unified School District, spokesperson Christy Hagen said in an email to CalMatters that the recent visa changes have not yet impacted the school’s hiring of educators on H-1B visas. Hagen said the district’s immigration experts were “still evaluating the effect of this order.”
Maria Miranda, a representative for United Teachers Los Angeles — the union for Los Angeles Unified teachers — said the district had, as of mid-November, not provided any guidance to its educators or schools on how H-1B visa hopefuls would be supported.
Flores-Perilla, the attorney bringing the lawsuit against the Trump administration, says no hearings have been set in their case yet. The U.S. Chamber of Commerce has now also brought a lawsuit over the $100,000 fee, arguing that the proclamation overrides provisions of the Immigration and Nationality Act and harms U.S. employers.
For now, districts will have to wait on the results of either lawsuit to potentially see some relief in immigration costs.
“It's absolutely unfeasible to be able to pay this fee [and] to be able to actually bring in prospective employees in their fields and industries, so it's going to hurt everyone,” Flores-Perilla said.
Sophie Sullivan and Alina Ta are contributors with the College Journalism Network, a collaboration between CalMatters and student journalists from across California. CalMatters higher education coverage is supported by a grant from the College Futures Foundation.
The Trump administration is proposing new rules that would further tighten its grip on who's allowed into the U.S., asking visitors from several dozen countries that benefit from visa-free travel to hand over their social media history and other personal information.
Who would this apply to? The proposed measure applies to citizens from the 42 countries that belong to thevisa waiver program and currently don't require visas for tourist or business visits to the U.S. Those foreign citizens would now have to submit five years' worth of their social media activity to be considered for entry.
Why it matters: This is the latest step in the Trump administration's escalation of restrictions and surveillance of international travelers, foreign students and immigrants.
Read on... for more about the proposed measure.
The Trump administration is proposing new rules that would further tighten its grip on who's allowed into the U.S., asking visitors from several dozen countries that benefit from visa-free travel to hand over their social media history and other personal information.
The new conditions were unveiled in a notice from the Department of Homeland Security earlier this week and are open for public comment and review for 60 days before going into effect.
The proposed measure applies to citizens from the 42 countries that belong to thevisa waiver program and currently don't require visas for tourist or business visits to the U.S. Those foreign citizens would now have to submit five years' worth of their social media activity to be considered for entry.
They'd also have to provide emails they have used for the past 10 years, as well as phone numbers and home addresses of immediate family members. Officials would also be able to scrutinize IP addresses and metadata from electronically submitted photos.
U.S. Customs and Border Protection said the mandatory social media requirement is designed to comply with President Donald Trump's January executive order "to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes." However, they have not defined what type of online activity may constitute a threat.
Under the current visa waiver program, tourists can bypass the visa application process, which can take months to years. Instead, they pay $40 and submit an online application using the Electronic System for Travel Authorization, or ESTA. It's accessible to citizens of U.S. allied countries, including Australia, France, Germany, Japan and the United Kingdom. But that system may also get an overhaul if the latest changes take effect. The notice proposes eliminating online applications, moving to a mobile-only platform.
This is the latest step in the Trump administration's escalation of restrictions and surveillance of international travelers, foreign students and immigrants. In June, the State Department announced it will begin reviewing the social media accounts of foreign students. Earlier this month, the department instructed its staff to reject visa applications — primarily H-1B — from people who worked on fact-checking, content moderation or other activities, citing it as "censorship" of Americans' speech.
These latest proposed changes are not that different from those already in place for visa applicants, Marissa Montes, a professor at Loyola Law School, and director of the Immigrant Justice Clinic, told NPR.
"It's always been something that the government can ask for and has asked for in the past," Montes said. "The question is, how will [ESTA applicants] be screened by CPB? Will it be something they have to submit ahead of time or will it be an officer at a point of entry? We still don't know how the administration expects to implement this."
In the past, she said, such screenings occurred at the point of entry and that "it's always been discretionary if the officer wants to ask for it or not."
What is most troubling, Montes added, is that there are no explicit guidelines defining what qualifies as harmful to the United States.
"The problem is that when it comes to immigration policy and directives like this is that it's very broad and discretionary, meaning that the agent that is receiving this order has a lot of discretion to then interpret what can be viewed as anti-American," she said. "But we have seen that be interpreted as anything that goes against the Trump administration or is going against a value of the Trump administration."
Montes said she advises her clients to be mindful of not just their own online posts, but also posts they've liked, commented on and re-posted, which can be grounds for a denial or even a permanent ban from the U.S. For example, if someone has posts regarding casual drug use, or pictures of firearms, they can be viewed as a potential threat to the government. She said agents are also on the look out for posts that can be construed as pro-socialist or communist.
She cautions people not to eliminate their social media presence entirely, saying it's "become a red flag" for officials.
"Our immigration laws bar certain types of conduct because of immigration bias … so you really have to be careful about what you put out there," she warned. "As I always tell my clients, if I can find the information, the government certainly can."
Copyright 2025 NPR
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Chop suey was once a classic Chinese American dish enjoyed on December 25 — a day when most other restaurants were closed — by Jews and other non-Christians. These days, we tend to think of chop suey as a mishmash of stir-fried ingredients that emerged from immigrant communities in the United States. But its roots run deep.
Dating back to the Ming Dynasty: The origins of the dish itself bounces back hundreds of years, she says, to imperial China. The Journey to the West, which is a famous novel [from the 16th century], has a reference to chop suey. Miranda Brown, a professor of Chinese history at the University of Michigan in Ann Arbor said, "you will find it on fancy banquet menus. A version of the dish was even eaten at the Qing court."
Falling out of favor: When Chinese immigrants to the U.S. in the mid-1800s wanted to impress local officials they held banquets similar to ones back home. By the early 1900s, chop suey had become a cultural phenomenon, a beloved ambassador dish to what had been an unfamiliar cuisine to many Americans. But by the late 20th century, chop suey had fallen out of fashion. By then, Americans had deepened their appreciation of Chinese food, thanks in large part to popular cookbook author, PBS host and restaurateur Cecilia Chiang.
Chop suey was once a classic Chinese American dish enjoyed on December 25 — a day when most other restaurants were closed — by Jews and other non-Christians.
"It's a dish that is chopped offal," she says. "Lung, liver, tripe, kidneys."
Yes, originally chop suey was primarily made of organ meats. Brown is quick to note that offal is flavorful, rich in nutrients, and was enjoyed widely until a few generations ago, thanks, in part to industrial meat packaging processes.
"It can be chewy, it can be buttery, it can be kind of rubbery," Brown says of offal's distinctive textures. "For some people, that's really kind of exciting. Bouncy!"
The origins of the dish itself bounces back hundreds of years, she says, to imperial China.
"We have references to chop suey in Ming Dynasty texts," she notes. "The Journey to the West, which is a famous novel [from the 16th century], has a reference to chop suey. You will find it on fancy banquet menus. A version of the dish was even eaten at the Qing court."
When Chinese immigrants to the U.S. in the mid-1800s wanted to impress local officials, Brown says, they held banquets similar to ones back home, with 300-course meals that would get written up in local newspapers, in articles marveling over delicacies such as Peking duck, chop suey and bird's nest soup.
"All the bling foods that were popular when you had to [build] a good relationship with a person who had a lot of say about your life," Brown says.
The Chinese Exclusion Act of 1882 restricted immigration heavily, but Chinese restaurants still spread rapidly across the United States. By the early 1900s, chop suey had become a cultural phenomenon, a beloved ambassador dish to what had been an unfamiliar cuisine to many Americans.
Louis Armstrong recorded a song in 1926 called "Cornet Chop Suey." The 1958 musical Flower Drum Song dedicated an entire number to it. And in the movie A Christmas Story, set in the 1940s and based on the writings of Jean Shepherd, a white, Midwestern, working-class family celebrates Christmas at a Chinese restaurant called the Bo Ling Chop Suey Palace.
"It was exotic," Brown says. "It involves a little bit of adventure, and it is a name that people can pronounce."
But by the late 20th century, chop suey had fallen out of fashion. Brown says she never saw it on menus in her home city of San Francisco in the 1980s, when she was growing up. By then, Americans had deepened their appreciation of Chinese food, thanks in large part to popular cookbook author, PBS host and restaurateur Cecilia Chiang.
Before she died in 2020 at the age of 100, Chiang told NPR she thought it was hilarious how so many Americans had believed that the contemporary versions of chop suey wereauthentic. "They think, oh, chop suey is the only thing we have in China," she said in a 2017 NPR interview. "What a shame!"
"I think for her, it had just evolved to the point where it was no longer recognizable," says Miranda Brown, whose own mixed heritage is half white, half Chinese. "Foods evolve. I always think, if I met my great-great-grandparents, would they recognize me? Would they see elements of their faces in mine or my daughter's? And I would guess not. Something similar happened with Chinese food in America. When a dish leaves, a hundred years later it has evolved, a lot."
And perhaps it's about time, Brown says, for chop suey's next evolution: to make a comeback.
Copyright 2025 NPR
President Donald Trump displays a signed executive order to curb states' ability to regulate artificial intelligence, something for which the tech industry has been lobbying.
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Alex Wong
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Getty Images
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Topline:
Since 2016, California has enacted more AI regulations than any other state. President Donald Trump's new order against such laws, signed yesterday, worries state officials.
What the order does: Trump’s order would require the heads of the Federal Communications Commission, Federal Trade Commission, and Department of Justice to challenge state AI laws. It also calls for the development of model AI legislation to preempt or supersede state law unless those laws address children’s safety, data center infrastructure, state government use or AI, or other yet-to-be-determined areas.
Why it matters: Opponents of the executive order say it leaves Californians vulnerable to harm.
President Donald Trump signed an executive order Thursday to discourage state governments from regulating artificial intelligence and urge Congress to pass a law preempting such regulations.
The order is likely to hit hardest in California, which since 2016 has passed more laws to regulate artificial intelligence than any other state, according to a Stanford report from earlier this year. California is also home to the world’s leading AI companies, including Anthropic, Google, Nvidia and OpenAI.
Trump’s order would require the heads of the Federal Communications Commission, Federal Trade Commission and Department of Justice to challenge state AI laws. It also calls for the development of model AI legislation to preempt or supersede state law unless those laws address children’s safety, data center infrastructure, state government use of AI or other yet-to-be-determined areas.
For states that continue to regulate AI, the order instructs federal agencies to explore whether they can restrict grants to them, including by revoking funding known as Broadband Equity, Access and Deployment. California has a potential $1.8 billion in broadband funding at stake, much of which was committed to specific projects earlier this month and is set to deliver internet access to more than 300,000 people.
In a social media post earlier this week and remarks from the Oval Office today, Trump said the executive order was written to prevent businesses from needing to comply with laws from multiple states and that having to do so threatens America’s competitive advantage over other nations. Investors in tech startups, such as the Menlo Park venture capital firm Andreessen Horowitz, have urged the president to restrict state AI regulation and celebrated the president signing the order.
Laws affected by the order
Trump’s order specifically criticized a Colorado law that requires testing and disclosure of AI that makes consequential decisions about people’s lives and seeks to prevent discrimination, a standard California lawmakers may revisit next year.
Among recently-passed California laws that federal agencies may challenge are:
Members of Congress routinely call California an example of AI regulation run amok, but lawmakers from both major parties have supported regulating AI, with more than 70 laws passed by 27 states this year, according to a report by the Transparency Coalition. California again led the nation with the passage of roughly a dozen laws as Texas, Montana, Utah and Arkansas followed with the most AI bills signed into law this year.
The executive order comes on the heels of a second attempt in Congress to preempt state AI laws, which fell short last week. Republican members of Congress first attempted to ban AI regulation by state governments for 10 years this spring, an initiative derailed in part by concerns about the fate of a law that protects country music musicians in Tennesse and others that seek to block child sexual abuse material.
A look at public opinion
Polls show Californians and Americans support AI regulation. A Carnegie Endowment California poll released in October found that nearly 80% of Californians strongly or somewhat agree that, when it comes to AI, safety should be prioritized over innovation. A September Gallup poll also found that four out of five Americans want lawmakers to prioritize safety over innovation, even if that means the technology is developed more slowly.
In addition to endangering the lives of children, artificial intelligence can lead to false arrests, discriminate against job applicants and employees and deny people government benefits or health care that they’re entitled to. The technology is also power hungry, potentially driving up electricity rates and endangering clean energy goals. It also needs large amounts of fresh water for the cooling systems in data centers. Center for Biological Diversity, an environmental group that sued to stop a California data center project one year ago, called the executive order an early Christmas gift to big tech.
What opponents say
Opponents of the executive order say it leaves Californians vulnerable to harm.
“Make no mistake: this order doesn’t create new protections, it removes them. That’s not governing. That’s a dereliction of duty wrapped in yet another distraction from a fracturing MAGA movement and a president who doesn’t understand the real dangers of rapidly advancing tech,” state Sen. Tom Umberg, a Democrat representing Santa Ana, said in a statement last month, when a draft of the executive order leaked to the press.
In the California Legislature enthusiasm for regulating AI shows little sign of abating. More than 100 film industry workers from groups like the Animation Guild and SAG-AFTRA showed up at a committee hearing earlier this week about protecting the work of creatives. Many spoke in support of a bill requiring AI companies to disclose what copyrighted material they use to train their models.
Animation Guild president Danny Lin said at the hearing that AI threatens nearly 40,000 jobs in California’s film, television and animation industries.
“L.A. is bleeding out before my very eyes,” Lin told state lawmakers.
In response to the executive order Lin told CalMatters calling out a Colorado law that seeks to prevent discrimination and protect working class people doesn’t give her confidence that the legislation the president is calling for will address the concerns of creatives whose work is used to train generative AI models.
“It’s pretty apparent that if we had a federal government that was actually focused on regulating this technology then the states would not feel the need to step in and create state specific legislation,” she said.
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