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Why is Wisconsin’s prison system such a ‘mess,’ and what can be done to fix it?

Prison behind bars
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Wisconsin incarcerates more people per capita than the majority of countries in the world, including the United States. 

Wisconsin Watch and other newsrooms in recent years have reported on criminal charges against staff following prison deaths, medical errors and delayed health care and lengthy prison lockdowns linked to staffing shortages in Wisconsin prisons.

The state prison population has surged past 23,000 people, with nearly triple that number on probation or parole. Meanwhile, staff vacancies are increasing again across the Department of Corrections.

A reader called this situation a “mess” and asked how we got here and what can be done to fix it.

The road to mass incarceration

The first U.S. prison was founded as a “more humane alternative” to public and capital punishment, prison reform advocate and ex-incarceree Baron Walker told Wisconsin Watch. Two years after Wisconsin built its first prison at Waupun in 1851, the state abolished the death penalty.

For the next century, Wisconsin’s prison population rarely climbed above 3,000, even as the state population grew. But as America declared the “War on Drugs” in the 1970s and set laws cracking down on crime in the ‘80s and ‘90s, Wisconsin’s prison population began to explode.

“In the early 1970s … the rise in incarceration corresponded fairly closely with increases in crime,” said Michael O’Hear, a Marquette University criminal law professor. “The interesting thing that happened in both Wisconsin and the nation as a whole in the ‘90s is that crime rates started to fall, but imprisonment rates kept going up and up.”

According to O’Hear, Wisconsin was late to adopt the “tough-on-crime” laws popular in other states during that era. But by the mid-1990s, the state began to target drug-related crime and reverse leniency policies like parole. 

Green Bay Correctional Institution’s front door reads “WISCONSIN STATE REFORMATORY,” a nod to its original name, in Allouez, Wis., on June 23, 2024. Many have pushed for the closure of the prison, constructed in 1898, due to overcrowding, poor conditions and staffing issues. (Julius Shieh / Wisconsin Watch)

“There was a period of time in which Milwaukee was just shipping bazillions of people into prison on … the presumption of being a dealer with the possession of very small amounts of crack cocaine,” UW-Madison sociology Professor Emerita Pamela Oliver said. She cited this practice as one of the reasons Wisconsin’s racial disparities in imprisonment are the worst in the nation.

Starting in the late 1990s and 2000s, Wisconsin’s “truth-in-sentencing” law, which requires people convicted of crimes to serve their full prison sentences with longer paroles, resulted in both a cycle of reincarceration and a large prison population full of aging inmates with low risk of reoffending.

Then in 2011, the anti-public union law known as Act 10 caused a mass exodus of correctional officers as working conditions in the state’s aging prisons continued to deteriorate.

Extended supervision

Along with mandating judges impose fixed prison sentences on people convicted of crimes, truth-in-sentencing requires sentences to include an inflexible period of “extended supervision” after a prison term ends. This is different from parole, which is a flexible, early release for good behavior and rehabilitation.

Judges often give out “extraordinarily long periods of extended supervision,” according to Oliver, at least 25% of the incarceration itself by law and often multiple times that in practice. To her, it is simply a “huge engine in reincarceration.”

According to DOC data, of the 8,000 people admitted to Wisconsin prisons in 2024 more than 60% involved some kind of extended supervision violation, known as a “revocation.” Half of those cases involved only revocation.

Extended periods of supervision after release from prison do little to improve public safety, research suggests. The long terms “may interfere with the ability of those on supervision to sustain work, family life and other pro-social connections to their communities,” Cecelia Klingele, a University of Wisconsin-Madison Law School professor of criminal law, wrote in a 2019 study examining 200 revocation cases.

Substance abuse problems contributed to technical revocations in an “overwhelming majority” of cases, Klingele wrote, because “agents have few options to impose meaningful sanctions other than imprisonment.” 

“Fewer, more safety-focused conditions will lead to fewer unnecessary revocations and more consistency in revocation for people whose behavior poses a serious threat to public safety,” Klingele added. 

Streamlining the standard supervision rules would require the Legislature to act.

Oliver attributes Wisconsin’s high rates of revocations to parole officers failing to reintegrate people into society in favor of playing “catch-somebody-offending.”

“You get reincarcerated, (and) all that time (in prison) doesn’t count,” Oliver said. “You can stay on a revolving door of incarceration and extended supervision for five times longer than your original sentence.”

People behind the statistics

The factors behind both crime and incarceration are complex, with socioeconomic factors relating to poverty, race, location and more increasing the chances of contact with the judicial system. 

According to O’Hear, overall crime rates began increasing in the ‘90s during the War on Drugs in part due to prosecutors “charging cases and plea bargaining more aggressively.” 

A study by the Equal Justice Initiative found that plea bargaining perpetuates racial inequality in Wisconsin prisons. White defendants are 25% more likely than Black defendants to have charges dropped or reduced during plea bargaining, and Black defendants are more likely than whites to be convicted of their “highest initial charge(s).”

Prison reform advocate Beverly Walker, whose husband, Baron, was formerly incarcerated and is now a reform advocate, speaks in 2016 at a gathering organized by the faith-based advocacy group WISDOM to raise awareness about poor water quality at Fox Lake Correctional Institution. (Gilman Halsted / WPR)

In the 53206 Milwaukee ZIP code where Baron Walker grew up, nearly two-thirds of Black men are incarcerated before they turn 34. Recalling his youth, Walker said “it seemed like almost all the males in my family were incarcerated at one point in time.”

During his time in the prison system, which included stints at Waupun, Columbia and Fox Lake correctional institutions, Walker struggled with accessing his basic needs.

“Their water came out black, dirty. It had a stench,” Walker said. “It sinks into your clothing, even when you wash them … you consume this water, it’s what they cook the food with.”

Water quality in Wisconsin prisons has been a consistent concern of inmates and activists in the past 15 years. Despite multiple investigations into lead, copper and radium contamination at these maximum- and medium-security prisons, recent reports found unhealthy radium levels in the drinking water — with no free alternatives.

“They would microwave the water (at Fox Lake) and the microwaves would spark up and blow out,” WISDOM advocate Beverly Walker, Baron’s wife, told Wisconsin Watch. “The water at the time was $16 to just get a case of six bottles of water … it so ridiculously high.”

EX-incarcerated People Organizing (EXPO) of Wisconsin peer support specialist Vernell Cauley’s issues within Wisconsin prisons were more personal. His daughter died during his intake into Dodge Correctional Institution, and Cauley wasn’t allowed a temporary release to attend her funeral. 

“It had some deep effects on me,” he said. “Some of the things I didn’t realize I had until I was actually released, when you understand that you didn’t get the proper time to grieve.”

Cauley was put in solitary confinement during that time, and for three months total over the course of his prison stay. According to DOC data, the average stay in solitary confinement across Wisconsin prisons is 28 days, though that’s down from 40 days in 2019.

Furthermore, inmates who struggle with mental illness are overrepresented in solitary confinement across U.S. prisons. Multiple inmates have committed suicide due to long stints of solitary, particularly during recent prison lockdowns.

Working conditions

"NOW HIRING ALL POSITIONS" sign in front of "GREEN BAY CORRECTIONAL INSTITUTION" sign next to road
A Wisconsin Department of Corrections advertisement of open prison staffing positions is seen near Green Bay Correctional Institution in Allouez, Wis., on June 23, 2024. Chronic staffing shortages have played a role in lengthy lockdowns and deteriorating conditions within Wisconsin prisons. (Julius Shieh / Wisconsin Watch)

Joe Verdegan, a former Green Bay correctional officer of nearly 27 years, said he and most of his coworkers “conducted (them)selves pretty professionally” and “always had a lot of respect” for inmates. This respect went both ways, he said, because guards built relationships with inmates for decades at their post.

According to Verdegan, being a correctional officer used to be a “career job” where “nobody left.” Despite the dangers and odd work hours of the post, the guards had a strong union and good benefits and could climb up the ladder as they gained seniority. 

But it “all went to hell” after Act 10 was passed.

Senior staff left in droves, leaving remaining guards with 16-hour shifts and “bad attitudes” that perpetuated the worsening work culture, Verdegan said. Religious, medical and recreational time was cut for inmates due to staffing shortages, and the respect between correctional officers and prisoners dwindled.

“When you’re not getting out for chapel passes or any of that kind of stuff, it just builds that hostility,” he said.

The changes caused Verdegan to retire from corrections at 51, earlier than planned. He and many of his friends took financial penalties by retiring from the Department of Corrections early and ended up working other jobs at bars, grocery stores and factories. 

They also went to funerals. Many former coworkers “drank themselves to death” due to their experiences within corrections, Verdegan said.

Coming home

In 1996, when Walker was sentenced to 60 years in prison for his role in two bank robberies, no one expected him to serve more than a third of his sentence —  not even the victims. 

But when truth-in-sentencing passed, mandating judges to impose definite, inflexible imprisonment lengths on people convicted of crimes, Walker’s hopes for an early release quickly disintegrated.

Walker was released from prison in 2018 on probation, an alternative to incarceration offered on condition of following specific court orders. He was released after being denied parole six times in the seven years since he first became eligible.

In the aftermath of Walker’s imprisonment, he and Beverly have had their “most beautiful days,” along with some trials. Walker said he has struggled to adjust to independent living, and he would have been at a “complete loss” for adapting to 20 years of technological change if he hadn’t studied it in prison.

“You are programmed and reprogrammed to depend on someone for your anything and everything, whether it be your hygiene products, the time you shower, your mail, your bed, your bedding, your food,” Baron said. “Now, suddenly, you cross out in(to) society … and you’re told now as an adult you’re responsible for your independence, your bills, your clothing, your hygiene, your everything.”

Walker has also struggled with finding employment, despite earning “a litany of certifications and degrees” in food service, plumbing, welding, forklift operating and more while incarcerated. He said the DOC’s reentry programs need “overhaul” and more companies should be encouraged to hire formerly incarcerated people.

As of 2021, Wisconsin spent $1.35 billion per year on corrections, but only $30 million on re-entry programs. Less than a third of the re-entry funding is allocated for helping ex-prisoners find jobs — even though studies show employment significantly decreases the likelihood of reoffending.

Looking ahead 

To Oliver, a significant barrier to solving issues within the prison system is changing sociopolitical attitudes.

“People imagine that if you’re punitive enough, you will have no crime,” Oliver said. “It’s really hard to get the general public to realize you ultimately reduce crime more by creating the social conditions that help people live productive lives without committing crime.”

O’Hear believes a key solution to problems within Wisconsin prisons is addressing the “mismatch” between large prison populations and available resources. He argues that “for a couple generations now, there’s been more of a focus on cutting taxes than on adequately funding public agencies” like the DOC.

O’Hear also said that judges should consider shorter prison sentences because “most people age out of their tendency to commit crimes” and that there should be “more robust mechanisms,” such as more compassionate release and parole laws for elderly inmates.

“We have people in prison in their 50s and their 60s and their 70s and even older who are really past the time when they pose a real threat to public safety,” O’Hear said. “Health care costs alone for older prisoners are a tremendous burden on the system, and they’re contributing to overcrowding.”

The Walkers are continuing their advocacy for prison reform by opening up the Integrity Center, which supports incarcerated and formerly incarcerated individuals with navigation, re-entry, employment assistance and more. They also advocate permanently shutting down aging prisons such as Green Bay and Waupun correctional institutions.

“All of our people who are eligible for release should be released, and people who are eligible to move into minimum facilities should be moved,” Beverly Walker said. “We don’t need any new prisons if we just utilize what we have.”

Verdegan said that he doesn’t believe the Legislature will ever pass a bill closing Green Bay in his lifetime and that “both political parties are to blame for this mess they’ve created with the Wisconsin DOC.” “Throwing money” at corrections officer positions will not fix staffing vacancies, he said, without the guarantee of eight-hour workdays and adequate job training.

He and Cauley both said supporting the mental health of prisoners before and after incarceration is key. Verdegan supports training staff to work with mentally ill prisoners. Cauley would rather see prison abolished altogether.

“Most people who end up in prisons, they have things going on mentally, these issues not getting met,” Cauley said. “Prison only makes people bitter, more angry … you know, it traumatizes them.”

Correction: This story was updated to reflect the average stay in solitary confinement is 28 days. Also 60% of the more than 8,000 people entering prison in 2024 involved a revocation, but half of those cases also involved a new crime.

Why is Wisconsin’s prison system such a ‘mess,’ and what can be done to fix it? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Lawmakers cut a tribal liaison with prisons from the budget. Tribes say they think it would help. 

13 June 2025 at 10:30
Flags of the 11 Native American tribes of Wisconsin in the Wisconsin State Capitol | Photo by Greg Anderson

Flags of the 11 Native American tribes of Wisconsin in the Wisconsin State Capitol. (Wisconsin Examiner photo)

At a state prison in Stanley, Wisconsin, participants in a Native American-focused group take part in traditional cultural practices.

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

According to Ryan Greendeer, executive government relations officer with the Ho-Chunk Nation, Stanley Correctional Institution’s chaplain recently reached out to the tribe with requests for the group’s programming.  

The chaplain wanted teaching materials, as many materials in the current selection were old. He said that men learn songs and Native language with the materials, as well as history and culture.

The chaplain said the men are eager to learn more about all things Native, according to Greendeer. He was also seeking a larger pipe bowl and poles to help build a new lodge. The pipe has a history of ceremonial use.  

The prison’s annual report for fiscal year 2024 mentions a Native American smudge and drum group. The report says that each month, several religious organizations and volunteers come in to hold various services, and the list includes “Sweat Lodge (Native American).”

There were 79 American Indian or Alaska Native people at Stanley Correctional as of April 30, according to the Wisconsin Department of Corrections (DOC). 

Gov. Tony Evers’ budget recommendations for corrections included a tribal liaison position for the DOC. The liaison would be responsible for working with Native American tribes and bands on the agency’s behalf.

Each of the governor’s cabinet agencies has already set at least one staff member to be a tribal liaison. The governor’s proposal would create a new position, set aside for the job of tribal liaison for corrections. 

Evers also proposed creating a director of Native American affairs in the Department of Administration and tribal liaisons in several other agencies, including the Department of Justice and Department of Natural Resources. 

“Gov. Evers’ commitment has been—and always will be—to ensure that the state maintains strong partnerships with the Tribal Nations by recognizing and respecting the needs and perspectives of the Nations and Indigenous people,” Britt Cudaback, communications director for the governor’s office, said in an email.

The Legislature’s Joint Finance Committee removed the proposed positions in May, along with hundreds of other items proposed by Evers. 

“Unfortunately, [Evers] sends us an executive budget that’s just piles full of stuff that doesn’t make sense and spends recklessly and raises taxes and has way too much policy,” Joint Finance Committee co-chair Mark Born (R-Beaver Dam) said in May.

Tribes already work with the state, including the Oneida Nation, which is located in northeast Wisconsin. The tribe told the Examiner that it continues to work with the state to make sure incarcerated Native Americans have proper access to culturally based practices and resources. 

With a tribal liaison that can help navigate the corrections system, the tribe’s efforts to make sure resources are provided and distributed appropriately make better progress, the tribe said. 

“These efforts will continue whether or not a tribal liaison position exists, although the impact on incarcerated individuals who use culturally based resources may be greater as efforts take longer,” the tribe said. 

The Oneida Nation said it “supports tribes’ efforts to ensure incarcerated members maintain access to appropriate support services as provided by tribal, state, and federal laws.”

Maggie Olson, communications coordinator for the St. Croix  Chippewa Indians of Wisconsin, said the tribe is not located close to the corrections facilities where their tribal members are incarcerated. This is a significant barrier, she said. 

“It would be nice to be able to have a better handle on where our people are within the system to ensure they are having their spiritual and cultural needs met,” Olson said in an email to the Examiner. “It is much easier (at this time) to meet religious needs (think Christianity) within the correctional system than it is to meet the spiritual and cultural needs of Native Americans within the system.”

A great first step would be having a dedicated person who can build relationships with incarcerated Native Americans, she said.

In a statement, the tribe said the liaison “would be a start to developing and enhancing tribal input with State initiatives.” The tribe said it wants to work with the DOC on access to supportive services in county jails. 

Olson said she met DOC Secretary Jared Hoy at an event on June 5 and that they had a great discussion about the potential benefits of a tribal liaison at the agency.

“With the uncertainties surrounding federal funding, we are hopeful state funding will be increased to tribal programs in Wisconsin,” Olson said.

The tribe’s criminal justice work involves partnership with the DOC. In the St. Croix Tribal Reintegration Program, case managers work with tribal members before and after their release from prison or jail, the tribe said. The program has a memo of understanding with the Department of Corrections, providing guidance for working relationships between tribal reentry and probation.

All of the governor’s cabinet agencies have consultation policies that say how they will work with tribal governments. Agencies and tribal elected officials have annual consultation meetings to talk about programs, laws and funding that may affect the tribe. 

Discussions at the annual state-tribal consultation tend to be about high-level policy, but they can delve into specifics, Greendeer said. He gave an example related to tribal members who are on probation or parole. 

For example, a topic that keeps coming up is re-entry programming for enrolled tribal member offenders,” Greendeer said. “A concern discussed at a recent consultation was that probation/parole officers might not consider tribal norms/values, citing a lack of eye contact in saying a client is disengaged or disconnected.”

The co-chairs and vice-chairs of the Joint Finance Committee did not respond to requests for comment. DOC communications director Beth Hardtke did not answer a question from the Examiner about the responsibilities and goals of the tribal liaison position.

GET THE MORNING HEADLINES.

‘A stain on the Constitution’: Abrego Garcia lawyers refuse to drop his case against U.S.

9 June 2025 at 20:14
Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by the U.S. government. (Photo courtesy Van Hollen's office)

Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by the U.S. government. (Photo courtesy Van Hollen's office)

WASHINGTON — Attorneys for Kilmar Abrego Garcia, the wrongly deported Maryland man who has now been returned to the United States, are pushing to keep his civil case open in pursuit of sanctions against the Trump administration for refusing to comply with a U.S. Supreme Court order to facilitate his return.

“Until the Government is held accountable for its blatant, willful, and persistent violations of court orders at excruciating cost to Abrego Garcia and his family, this case is not over,” according to the brief by Abrego Garcia’s attorneys filed Sunday.

“The executive branch’s wanton disregard for the judicial branch has left a stain on the Constitution,” they wrote. “If there is to be any hope of removing that stain, it must start by shining a light on the improper actions of the Government in this tragic affair and imposing meaningful remedies.”

The Trump administration on Friday moved to dismiss the civil suit filed in federal district court in Maryland, arguing it is moot after Abrego Garica landed in the U.S. to face criminal charges for “alien smuggling.”

A May 21 two-count Tennessee grand jury indictment, unsealed Friday, accused Abrego Garcia of conspiracy to unlawfully transport undocumented people for profit and the unlawful transportation of undocumented people between 2016 and 2025. The indictment also accused him of being a member of the MS-13 gang.

His attorneys have disputed those charges.

Department of Justice lawyers also moved to deny Abrego Garcia bond, on the grounds that he is a flight risk and poses a danger to the community.

If convicted, Abrego Garcia could face up to 10 years in prison for each undocumented person transported.

“Accordingly, the sentencing exposure for the defendant – given the number of undocumented aliens involved – goes well beyond the remainder of the defendant’s life,” Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, wrote.

Deported to CECOT

The civil suit was brought by Abrego Garcia’s family after he was arrested by immigration officials in March and swiftly put on a deportation plane to a notorious mega-prison in El Salvador, despite having protections against removal to his home country since 2019.

Abrego Garcia’s arrest in March was not due to any criminal charges, but he was informed his immigration status had changed. The Trump administration has admitted his initial deportation to the brutal CECOT prison was an “administrative error,” but has maintained Abrego Garcia was in the custody of El Salvador and could not be brought back.

Trump officials, including President Donald Trump, repeatedly said that Abrego Garica would not return to the U.S. and the president seemed upset with the news of his return on Friday.

“He should have never had to be returned,” Trump said in a gaggle with reporters on Air Force One Friday night. “It’s a disaster.”

On Friday, Attorney General Pam Bondi thanked El Salvador President Nayib Bukele after the Trump administration presented an arrest warrant for Abrego Garcia.

‘Determined stalling campaign’

The Trump administration argued that because Abrego Garcia was brought back to the U.S. on Friday, the civil case is moot.

But his attorneys argue that Abrego Garcia was not brought back to Maryland due to court orders – even as high as the Supreme Court – but “rather to Tennessee so that he could be charged with a crime in a case that the Government only developed while it was under threat of sanctions.”

“Two things are now crystal clear. First, the Government has always had the ability to return Abrego Garcia, but it has simply refused to do so,” according to the brief. “Second, the Government has conducted a determined stalling campaign to stave off contempt sanctions long enough to concoct a politically face-saving exit from its own predicament.”

Maryland District Court Judge Paula Xinis, who has handled the high-profile case since March, has granted Abrego Garcia’s attorneys until Wednesday to file their request for sanctions against the Trump administration.

Abrego Garcia’s attorneys said they want to push forward with discovery documents because they “are finally on the verge of securing answers from knowledgeable officials about what the Government actually did or did not do to facilitate Abrego Garcia’s return.”

Abrego Garcia will be arraigned before a federal court in Nashville on Friday.

Wrongly deported Maryland man Abrego Garcia returned to U.S.

6 June 2025 at 21:47
A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, a Maryland man wrongly deported to his native El Salvador three months ago, was brought back to the U.S. on Friday and will face federal charges, U.S. Attorney General Pam Bondi said.

Abrego Garcia’s case had become a flashpoint in a debate over what due process rights protect immigrants from deportation after federal officials conceded he was sent to a notorious El Salvador mega-prison because of an administrative error. 

Still, President Donald Trump, El Salvador President Nayib Bukele, Bondi and other administration officials said for months Abrego Garcia could not be released because of criminal conduct they had not publicly produced evidence of.

In a gaggle with reporters on Air Force One Friday night, Trump declined to say whether it was his decision to bring Abrego Garcia back to the U.S., according to White House pool reports.

“He should have never had to be returned,” Trump said. “It’s a disaster.”

Bondi said Friday a federal warrant for Abrego Garcia’s arrest on human trafficking charges compelled his release from the Salvadoran prison system.

“Abrego Garcia has landed in the United States to face justice,” Bondi said at a Department of Justice news conference Friday afternoon. “He was a smuggler of humans and women and children.”

The 10-page indictment filed in the Middle District of Tennessee comes after a federal grand jury indicted him on May 21 for allegedly transporting migrants in the U.S. without legal authorization within the country.

Chris Newman, an attorney representing the Abrego Garcia family said at a virtual press event Friday that he remained skeptical of the federal charges lodged at Abrego Garcia.

“I can tell you that we should all treat whatever charges that are being leveled against him with a high degree of suspicion,” Newman said. “We should make sure that he gets a fair (trial) in court because he’s clearly not getting a fair hearing in the court of public opinion.”

Bondi did not detail when the investigation into Abrego Garcia began, but said the federal indictment charges contained “recently found facts.”

“This is what American justice looks like upon completion of his sentence, we anticipate he will be returned to his home country of El Salvador,” Bondi said.

WKRN in Nashville said Abrego Garcia’s arraignment has been scheduled for 10 a.m. Friday. 

Outcry over due process

Abrego Garcia’s wrongful deportation to the notorious mega-prison Centro de Confinamiento del Terrorismo, or CECOT, drew national outcry as the Trump administration clashed with a federal court that ordered the return of the Beltsville man and resisted the U.S. Supreme Court’s order to “facilitate” his return.

Despite the orders, Trump administration officials did not appear to take any public steps to secure Abrego Garcia’s release, and at times seemed to relish their defiance of the courts.

Bondi thanked El Salvador’s government Friday for releasing Abrego Garcia in compliance with the warrant.

The Trump administration has argued in federal court in Maryland for months that Abrego Garcia is in the custody of El Salvador and therefore cannot be returned, despite a $15 million agreement between the U.S. and the Salvadoran government to keep roughly 300 men removed from the U.S. and detained at CECOT. Abrego Garcia had been moved to a different El Salvador prison prior to his release.

Abrego Gacia had deportation protections to his home country of El Salvador since 2019.

He was pulled over by U.S. Immigration and Customs Enforcement agents in March and informed that his immigration status had changed. He was later placed on one of three deportation flights on March 15 to CECOT.

The Trump administration admitted his removal was an “administrative error” but has since alleged that Abrego Garcia was a leader in the MS-13 gang without producing evidence in the federal civil court overseeing the suit challenging his removal.

Maryland U.S. Sen. Chris Van Hollen, who traveled to El Salvador to press for Abrego Garcia’s release and return to the U.S., welcomed the news as a victory for due process rights.

“As I have repeatedly said, this is not about the man, it’s about his constitutional rights – and the rights of all,” the Maryland Democrat said in a statement. “The Administration will now have to make its case in the court of law, as it should have all along.”

William J. Ford contributed to this report.

Judge orders Trump to facilitate due process for migrants removed under wartime law

5 June 2025 at 20:47
Minister of Justice and Public Security Héctor Villatoro, right, accompanies Homeland Security Secretary Kristi Noem during a tour of the Centro de Confinamiento del Terrorismo, or CECOT, on March 26, 2025. (Photo by Alex Brandon-Pool/Getty Images)

Minister of Justice and Public Security Héctor Villatoro, right, accompanies Homeland Security Secretary Kristi Noem during a tour of the Centro de Confinamiento del Terrorismo, or CECOT, on March 26, 2025. (Photo by Alex Brandon-Pool/Getty Images)

WASHINGTON — A federal judge in the District of Columbia on Wednesday ordered the Trump administration to allow Venezuelan men removed under an 18th-century wartime law and sent to a notorious prison in El Salvador to have their cases heard in court, though he conceded the logistics of the order would be challenging to sort out.

In a 69-page order, Judge James Boasberg partially granted an injunction to require 137 Venezuelans be given due process. He ruled that they had no chance to challenge their removal under the Alien Enemies Act of 1798, or the accusation that they are members of the Tren de Aragua gang.

The Trump administration will have until June 11 to put forth a plan for the men removed under the wartime law and sent to the mega-prison known as Centro de Confinamiento del Terrorismo, or CECOT, to be afforded their due process rights.

“The Government has violated the CECOT Class’s vested right to due process, an infringement that risks inflicting irreparable harm for which the public interest requires a remedy,” Boasberg said. “The question — simply asked but not so simply answered — thus becomes what relief they must obtain for that violation.”

Boasberg said that the Trump administration “plainly deprived these individuals of their right to seek habeas relief before their summary removal from the United States — a right that need not itself be vindicated through a habeas petition.”

He said that even if President Donald Trump lawfully invoked the Alien Enemies Act and if those subject to the proclamation are members of the Tren de Aragua gang, they must be given a chance to contest the charges.

“This is the critical point —there is simply no way to know for sure, as the CECOT Plaintiffs never had any opportunity to challenge the Government’s say-so.”

“Defendants instead spirited away planeloads of people before any such challenge could be made,” Boasberg continued. “And now, significant evidence has come to light indicating that many of those currently entombed in CECOT have no connection to the gang and thus languish in a foreign prison on flimsy, even frivolous, accusations.”

Order doesn’t require return

The American Civil Liberties Union, which brought the case, sought to require the Venezuelans be brought back to the U.S. from El Salvador to challenge their removals. But Boasberg rejected that argument.

Boasberg determined that even though there is a financial agreement between the U.S. and El Salvador to detain the men, they are in the custody of the Salvadoran government.

“While it is a close question, the current record does not support Plaintiffs’ assertion that they are in the constructive custody of the United States,” Boasberg said.

“Even crediting the public statements characterizing the arrangement as outsourcing the U.S. prison system and acknowledging the President’s unofficial assertion of his power to request a release, such comments cannot overcome a sworn declaration from a knowledgeable government official attesting that the CECOT Class’s ongoing detention is a question of Salvadoran law.”

Department of Justice attorneys have used the same reasoning in a separate case to resist the return of the wrongful deportation of Kilmar Abrego Garcia, despite a U.S. Supreme Court order to “facilitate” the Maryland man’s return to the U.S.

ACLU will be allowed to have input to determine how due process can be afforded to the men at CECOT, Boasberg wrote.

Wednesday’s order is the latest in a months-long dispute between the Trump administration and Boasberg after three planes landed in El Salvador and roughly 300 men were sent to CECOT in mid-March, despite the judge’s temporary restraining order against using the Alien Enemies Act.

Boasberg found probable cause to hold Trump officials in contempt for violating his temporary restraining order that ordered the deportation planes carrying men removed under the Alien Enemies Act to be returned to the U.S. over concerns they did not receive due process.

Rubio in talks for return of wrongly deported ‘Cristian,’ in flip for Trump administration

3 June 2025 at 00:57
Secretary of State Marco Rubio testifies before the House Appropriations Committee's Subcommittee on National Security, Department of State, and Related Programs at the Rayburn House Office Building on May 21, 2025 in Washington, D.C. (Photo by John McDonnell/Getty Images)

Secretary of State Marco Rubio testifies before the House Appropriations Committee's Subcommittee on National Security, Department of State, and Related Programs at the Rayburn House Office Building on May 21, 2025 in Washington, D.C. (Photo by John McDonnell/Getty Images)

WASHINGTON — U.S. Secretary of State Marco Rubio is personally working to facilitate the return of a man wrongly deported to a notorious mega-prison in El Salvador, at the request of the Department of Homeland Security, the Trump administration said on Monday in court documents.

If successful, the man, identified in documents in federal court in Maryland only by the pseudonym of “Cristian,” would be the first deported person returned from the brutal Salvadoran Centro de Confinamiento del Terrorismo, or CECOT.

Bringing him back to the United States would also contradict the Trump administration’s long-running argument in the courts and to the public that El Salvador has custody over hundreds of men sent there in March, not the U.S.

The Trump-appointed judge in Cristian’s case on Friday had blasted the administration for not detailing to her its actions to return him.

The Trump administration has made the same argument in the case of another wrongly deported man, Kilmar Abrego Garcia of Maryland, despite a U.S. Supreme Court order to facilitate his return.

Trump and other top U.S. officials have alleged Abrego Garcia is a gang member, though there is no evidence of that. President Donald Trump has also acknowledged he could bring Abrego Garcia back if he wanted to do so.

‘Prompt and diligent efforts on behalf of the United States’

The court document in Cristian’s case filed Monday by U.S. Department of Homeland Security official Mellissa B. Harper says that Rubio “has a personal relationship” with El Salvador’s President Nayib Bukele and Salvadoran government officials that dates back over a decade to the Florida Republican’s time on the Senate Committee on Foreign Relations.

The case is being heard in Baltimore, in the District of Maryland.

“Based on this deep experience with El Salvador and the Secretary’s familiarity with political and diplomatic sensitivities in that country, he is personally handling the discussions with the government of El Salvador regarding persons subject to the Court’s order detained in El Salvador,” according to the document.

“Secretary Rubio has read and understands this Court’s order, and wants to assure this Court that he is committed to making prompt and diligent efforts on behalf of the United States to comply with that order,” the document continues.

The document notes that DHS has asked the State Department for “assistance in complying with the Court’s order, including by entering into negotiations to facilitate Cristian’s return.”

Harper, who submitted the declaration, works at Immigration and Customs Enforcement’s Enforcement and Removal Operations division as the acting deputy executive associate director.

Judge harshly criticized administration

The document was filed after U.S. District Judge for the District of Maryland Stephanie Gallagher Friday slammed the Trump administration for its “blatant lack of effort to comply” with her order earlier this month to report steps taken to bring back Cristian, who in court documents is said to be 20 years old.

On May 6, she affirmed her decision that the Trump administration must facilitate Cristian’s return.

Gallagher, whom Trump appointed in 2018, gave the Department of Justice until Monday to comply with her order.

Cristian was among roughly 300 men sent to the Salvadoran mega-prison CECOT. About 200 of those men were removed under an 18th-century wartime law, the Alien Enemies Act of 1798, and the rest, such as Abrego Garcia, were removed under other immigration laws.

Cristian arrived in the U.S. as an unaccompanied minor and was part of a class action that barred removal from the U.S. while his asylum case was pending in immigration court.

Like the Abrego Garcia case, the administration said earlier it was powerless to compel the Salvadoran government to release Cristian, an argument Gallagher expressed frustration with Friday.

“Defendants simply reiterated their well-worn talking points on their reasons for removing Cristian and failed to provide any of the information the Court required,” Gallagher wrote in her order.

The Trump administration is paying El Salvador up to $15 million to detain removed immigrants from the U.S.

“As a Venezuelan native, he is in El Salvador only because the United States sent him there pursuant to an agreement apparently reached with the government of El Salvador,” Gallagher wrote.

Lawsuit filed over eighth reported death at Waupun prison since 2023

2 June 2025 at 10:20

Waupun Correctional Institution, photographed in 2017 (Wisconsin Department of Corrections photo)

A federal civil rights lawsuit was filed Thursday over the death of Joshua Botwinski, 43, at Waupun Correctional Institution (WCI). The lawsuit named Randall Hepp and Yana Pusich as defendants, the then-warden and then-security director of the prison. 

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

According to the lawsuit, Botwinski suffered from a severe drug addiction and from mental illness at all times while serving his prison sentence at WCI. It says he died of a fentanyl overdose.

The lawsuit alleges prison staff known to be smuggling drugs were assigned in proximity to Botwinski. It also alleges a failure to order Botwinski into close observation until drug smuggling could be controlled. 

The DOC’s online offender locator dates Botwinski’s death on January 19, 2023. Botwinski is at least the eighth incarcerated person to die at the prison since 2023. The death of Damien Evans, 23, was at least the seventh death at the Waupun prison since 2023, according to reporting from the Milwaukee Journal Sentinel earlier this year

Another man incarcerated at Waupun, Tyshun Lemons, died on Oct. 2, 2023 when he overdosed on a substance containing fentanyl, the Examiner reported

The estate of Joshua Botwinski is the plaintiff for the lawsuit, by special administrator Linda Botwinski. The lawsuit alleges Hepp and Pusich were deliberately indifferent to a serious medical need, knowingly created a danger for Botwinski and knowingly failed to protect him from danger. It argues that their alleged deliberate indifference caused Botwinski’s death. 

In January, the Milwaukee Journal Sentinel reported that nearly a dozen prison employees had resigned or been fired since the U.S. Department of Justice’s launch of a probe into a suspected smuggling ring within the prison.  

In September, William Homan, a former facilities repair worker at WCI, pleaded guilty to smuggling contraband in exchange for bribes. A sentencing memorandum by prosecutors said the presence of contraband in WCI contributed to a “lack of institutional control.” 

In late April, Hepp was convicted of a misdemeanor and fined $500 in the death of Donald Maier, who was incarcerated at WCI. 

A sentencing memorandum by a lawyer for Hepp said that in March 2023, “conditions and actions of the inmate population created an environment that posed an immediate threat to the safety of the staff and inmates while also threatening the security of the institution.” 

The memo said Hepp put the prison in modified movement, “at times referred to as a ‘lockdown.’” 

“This led to an investigation of the conditions and a search of the institution,” the memo said. “Information and physical evidence that was developed revealed a level of corrupt behavior taking place that was historical in scope involving trafficking of illegal drugs, cellular telephones, finances, and other contraband.”

The sentencing memo from Homan’s case said the lockdown involved incarcerated people “being confined to their cells twenty-four hours a day except for medical or other emergencies.”

“As part of its efforts to reestablish control, a facilitywide search was conducted, resulting in the recovery of numerous cellular phones, controlled substances, and other contraband,” the memo said. “WCI provided information obtained from its investigation to the Federal Bureau of Investigation (FBI), which included information that WCI staff were receiving bribes in exchange for smuggling in contraband.”

The lawsuit alleges that before Jan. 19, 2023 — and therefore before the lockdown and investigation — “via the reports they received from staff, both Pusich and Hepp knew that illegal drug use was rampant at WCI, and they knew that prison staff was smuggling drugs into WCI.”

Lawsuit includes alleged timeline leading to overdose

The lawsuit alleges that on August 15, 2022, WCI officials found out that Botwinski was under the influence of drugs. Botwinski tested positive for opiates and stimulants. 

Incidents of prisoners being under the influence of drugs “is automatically reported to Pusich as security director,” and Pusich would report incidents of prisoners using illegal drugs to Hepp, the lawsuit alleges. 

Before Jan. 19, the day of Botwinski’s death, Pusich and Hepp knew illegal drug use was “rampant” at the prison, the lawsuit alleges. 

“From the reports of drug use and overdoses, they knew that inmates had an almost unfettered access to drugs in prison,” the lawsuit alleges. “Botwinski’s access to drugs in WCI was greater than his access to drugs outside of WCI.”

The lawsuit alleges that Hepp and/or Pusich assigned prison staff known to be smuggling drugs into the prison in proximity to Botwinski. It alleges that they knew placing staff who smuggled drugs into the prison in Botwinski’s proximity would lead to overdose. 

According to the lawsuit, staff observed Botlinski in his cell at about 5:10 p.m. 

“At about 6:45 p.m., Botwinski was discovered in his cell: he had been the victim of a drug (fentanyl) overdose, from which he died,” the lawsuit says. 

The Wisconsin Department of Corrections did not immediately respond to a request for comment from the Examiner. 

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Trump move to deport Venezuelans violated due process, U.S. Supreme Court rules

16 May 2025 at 21:51
The U.S. Supreme Court ruled Friday, May 16, 2025, that the Trump administration's attempt to deport a group of Venezuelans under an 18th-century wartime law "does not pass muster." (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court ruled Friday, May 16, 2025, that the Trump administration's attempt to deport a group of Venezuelans under an 18th-century wartime law "does not pass muster." (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court on Friday kept in place a block on the Trump administration’s efforts to deport 176 Venezuelans in Northern Texas under the Alien Enemies Act of 1798.

A majority of the justices found that President Donald Trump’s administration violated the due process rights of Venezuelans when the administration tried to deport them from North Texas last month by invoking the 18th-century wartime law. Conservative Justices Samuel Alito and Clarence Thomas dissented.

“Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” according to the decision.

The justices did not determine the legality of the Trump administration using the Alien Enemies Act to deport Venezuelans 14 and older with suspected ties to the gang Tren de Aragua.

On his social media platform, Trump expressed his disapproval of the ruling.

“THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he wrote on Truth Social.

The justices found that the 5th Circuit Court of Appeals “erred in dismissing the detainees’ appeal for lack of jurisdiction,” and vacated that order, sending the case back.

The Trump administration on Monday asked the high court to remove the injunction, arguing that detaining suspected members of Tren de Aragua poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

In a Wednesday response, the American Civil Liberties Union, which brought the suit, warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

In Friday’s order, the justices noted that because the Trump administration has used the Alien Enemies Act to send migrants to a notorious prison in El Salvador, careful due process is needed.

“The Government has represented elsewhere that it is unable to provide for the return of an individual deported in error to a prison in El Salvador…where it is alleged that detainees face indefinite detention,” according to the order, noting the wrongful deportation of Maryland man Kilmar Abrego Garcia to El Salvador.

“The detainees’ interests at stake are accordingly particularly weighty,” the court continued.

Other rulings

On April 18, the ACLU made an emergency application to the high court, asking to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

Several federal judges elsewhere have blocked the use of the wartime law in their districts that cover Colorado, Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

Abrego Garcia judge questions administration’s broad use of state secrets privilege

16 May 2025 at 21:47
Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

GREENBELT, MARYLAND — A federal judge said Friday the Trump administration has “pretty broadly” invoked the state secrets privilege to withhold information on its efforts — or, the judge indicated, a possible lack of effort — to return a wrongly deported Maryland man from a prison in El Salvador.

President Donald Trump’s administration moved last month to invoke the so-called state secrets privilege to shield information about its process to facilitate the return of Kilmar Abrego Garcia to the United States after a top immigration official admitted his removal to a prison in El Salvador was an “administrative error.”

The judge handling the case, U.S. District Judge Paula Xinis, granted an expedited discovery process after she found last month that “nothing has been done” by the administration to return Abrego Garcia.

She did not make a public order regarding the state secrets privilege Friday afternoon before closing her courtroom to the public to discuss sensitive matters with attorneys for Abrego Garcia and the Department of Justice.

The state secrets privilege is a common-law doctrine that protects sensitive national security information from being released. The Trump administration has argued the need to invoke it in this case to protect diplomatic relationships.

‘He’ll never walk free in the United States’

During the public portion of Friday’s hearing, Xinis pressed the Department of Justice attorneys about Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S.

“That sounds to me like an admission that your client will not take steps to facilitate the return,” Xinis said. “That’s about as clear as it can get.”

DOJ attorney Jonathan D. Guynn disagreed and said the Trump administration is complying with court orders. He said Noem’s comment meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back to El Salvador.

“He’ll never walk free in the United States,” Guynn said.

He added that the Trump administration is “currently complying and we plan to comply.”

Xinis said she disagreed, and then she clashed with Guynn over the legality of Abrego Garcia’s removal.

Guynn said that he was lawfully deported.

Xinis answered that she found months ago that Abrego Garcia was unlawfully detained and removed from the U.S.

Few documents produced

One of the attorneys for Abrego Garcia, Andrew J. Rossman, said the Trump administration has invoked the state secrets privilege for 1,140 documents relating to the case. From that request, Rossman said his team received 168 documents, but 132 were copies of court filings and requests made by him and his team.

Xinis seemed visibly stunned by Rossman’s report and had to clarify that his team had only received 36 new documents, which Rossman confirmed.

Rossman said that none of the documents for which the government is invoking the state secrets privilege are classified.

“There’s ways to do this right, and they haven’t done it,” he said, noting that he has attorneys on his team who have security clearances and can review classified and sensitive information.

Rossman said that he and his team are seeking answers to three questions: the status of Abrego Garcia, what steps the Trump administration has taken, if any, to facilitate his return, and the steps the federal government will take, if any, to comply with court orders.

Guynn said the Trump administration received an update from El Salvador on Thursday that Abrego Garcia was in “good health” and had “even gained weight.”

The U.S. Supreme Court ordered that the Trump administration must “facilitate” the return of Abrego Garcia.

Rossman, said that it’s “deeply disturbing” that administration officials, including the president, have made public statements that contradict court orders directing the government to return Abrego Garcia to the U.S.

President Donald Trump has said he could easily pick up the phone and order El Salvador to return him but won’t because he believes Abrego Garcia is a member of the MS-13 gang.

Noem was pressed at a May 14 congressional hearing about a photo that appears altered to add letters across Abrego Garcia’s knuckles to indicate his inclusion in the gang. She said she was unaware of it.

A federal judge in the District of Columbia, in a separate case regarding Trump’s use of an archaic wartime law for deportations, questioned Department of Justice attorneys on the president’s claim that he could order Abrego Garcia to be returned. The attorney admitted that the president sometimes overstates his influence abroad.

El Salvador prison

Abrego Garcia has had protections from deportation since 2019, but he was one of nearly 300 men on three mid-March removal flights to a notorious prison in El Salvador known as CECOT.

Abrego Garcia has been moved to a lower security prison, according to Maryland Democratic Sen. Chris Van Hollen, who traveled to the country last month to meet with Abrego Garcia and inquire with Salvadoran officials about why he is being held there.

Those officials said Abrego Garcia was being held because of the agreement between the United States and El Salvador.

The U.S. has a $15 million agreement with El Salvador’s government to house immigrants removed from the U.S., mostly Venezuelans removed under the wartime law, the Alien Enemies Act of 1798.

Dozens of signs outside the U.S. District Court for the District of Maryland in support of Abrego Garcia before Friday’s hearing. (Photo by Ariana Figueroa/States Newsroom)

The Trump administration has argued that Abrego Garcia is a national of El Salvador and in that country’s custody and the U.S. cannot force another government to return him. 

Hours before Friday’s hearing, dozens of protestors gathered outside the court, calling for Abrego Garcia to be returned to the U.S., as well as criticizing the Trump administration’s immigration crackdown. 

U.S. Rep. Glenn Ivey, who represents the area in Maryland where Abrego Garcia and his family live, appeared outside the court and led chants calling for the release of Abrego Garcia from El Salvador.

“The president has to obey the orders of the Supreme Court,” Ivey said. “The Supreme Court has spoken here, and it’s time for him to follow it and bring him home.”

U.S. Supreme Court asked to allow deportations of 176 Venezuelans held in Texas

14 May 2025 at 18:24
Prison officers stand guard at a cell block at maximum security penitentiary CECOT, or Center for the Compulsory Housing of Terrorism, on April 4, 2025, in Tecoluca, San Vicente, El Salvador.. (Photo by Alex Peña/Getty Images)

Prison officers stand guard at a cell block at maximum security penitentiary CECOT, or Center for the Compulsory Housing of Terrorism, on April 4, 2025, in Tecoluca, San Vicente, El Salvador.. (Photo by Alex Peña/Getty Images)

WASHINGTON — The Trump administration is asking the U.S. Supreme Court to lift its own injunction placed last month in the Northern District of Texas to allow for the deportation of a group of Venezuelan nationals under an 18th-century wartime law.

In the Monday filing, the Trump administration stated that the 176 Venezuelans have alleged ties to the Tren de Aragua gang, and are therefore subject to removal under the Alien Enemies Act of 1798.

U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement that detaining suspected members of the Tren de Aragua gang poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

She said that 23 migrants barricaded themselves in the Bluebonnet Detention Facility in Anson, Texas. and “threatened to take hostages, and endangered officers.” Reuters sent a drone over the facility, and captured images of the detained men spelling out SOS with their bodies, over fears that they would be sent to El Salvador. 

The Trump administration has removed those subject to the Alien Enemies Act to a notorious mega-prison in El Salvador.

The administration request stems from an April 18 emergency application from the American Civil Liberties Union that asked the high court to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

The justices, in a 7-2 ruling, ordered that while the lower case is before the 5th Circuit Court of Appeals, “the Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.”

Monday’s filing by Solicitor General D. John Sauer argues that those Venezuelans subject to the proclamation must be deported because the migrants “have proven to be especially dangerous to maintain in prolonged detention.”

In a Wednesday response, the ACLU warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

“And under the government’s position, courts will lack authority to remedy unlawful removals to the CECOT Salvadoran prison, where individuals could be held incommunicado for the remainder of their lives,” according to the ACLU brief.

In a separate emergency filing that issued a nationwide injunction that barred the Trump administration from invoking the proclamation, the Supreme Court ruled that, for now, the Trump administration can continue to use the Alien Enemies Act.

But the justices unanimously ruled that those who are subject to the wartime law must be given proper due process as enshrined in the U.S. Constitution.

Several federal judges have blocked the use of the wartime law in their districts that cover Colorado, Northern and Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

In court documents, the Trump administration has noted that adequate time for someone to challenge an Alien Enemies Act designation is roughly 12 hours. 

‘This shouldn’t have happened,’ Newark mayor says hours after his arrest during ICE protest

11 May 2025 at 22:23

Newark Mayor Ras Baraka being released from a federal building hours after his arrest on May 9, 2025.

NEWARK — Newark Mayor Ras Baraka, who was arrested Friday and accused of trespassing at an immigration detention center, was released from custody hours after his detainment to cheers from hundreds of supporters.

Baraka, a Democrat, walked out of the federal building where he was being held just before 8 p.m. to the strains of “Ain’t No Stoppin’ Us Now” by McFadden & Whitehead blaring through speakers that had been set up by protestors.

The mayor, one of six Democrats running for governor in the June 10 primary, said he “didn’t do anything wrong.”

“I didn’t know this morning when I woke up that I would be in this facility here, that I would end up incarcerated for something that I believe is my democratic right to show up and speak out against what I think was happening here, a violation of city and state laws,” he said.

He was ordered to be released by U.S. District Court Judge Andre M. Espinosa at roughly 7:30 p.m. Baraka said he was charged with trespassing and will have to appear in court May 15. He said Department of Homeland Security agents treated him “very nicely.”

https://x.com/amandaleetv/status/1920995570405040155?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1920995570405040155%7Ctwgr%5Ef3f7eb1d5a2e197815e2fbc1eb0ed07f6c3e6334%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fnewjerseymonitor.com%2F2025%2F05%2F09%2Fthis-shouldnt-have-happened-newark-mayor-says-hours-after-his-arrest-during-ice-protest%2F

Baraka’s release capped off a wild day in Newark that started with him and three members of Congress — Democratic Reps. Bonnie Watson Coleman, LaMonica McIver, and Rob Menendez — appearing in Newark to visit Delaney Hall, a 1,100-bed immigration detention center that Baraka has tried to prevent from opening, saying the jail’s owner has not obtained necessary city permits.

Baraka said he was with fire officials Friday attempting to gain entrance to the facility, and videos show he was warned by federal agents that he would be placed under arrest.

After immigration agents arrested Baraka, acting U.S. Attorney Alina Habba claimed the mayor was trespassing. McIver and Menendez said Baraka was invited onto the jail’s property before he was arrested.

A scuffle broke out after protestors locked arms to protect Baraka, with Watson Coleman and McIver being pushed by immigration agents, videos show. Menendez was also seen yelling at officers not to arrest the mayor.

Baraka was walked away by masked agents and plainclothes officers.

Protestors gathered outside a building in Newark where Mayor Ras Baraka was being held following his arrest on May 9, 20205. (Sophie Nieto-Muñoz | New Jersey Monitor)

The Department of Homeland Security characterized the incident as a “bizarre political stunt.” It claims the House members were “holed up in a guard shack” with protestors while a bus of detainees entered the security gate. It also denied claims that Delaney Hall does not have the proper permitting — allegations at the center of a lawsuit Newark filed against the jail’s owner, Geo Group — and said inspections and fire codes have been cleared.

Once protestors and officials found out Baraka was being held at an ICE facility on Frelinghuysen Avenue about 10 minutes away from Delaney Hall, the protest moved there — and grew. Hundreds of supporters and immigration activists stood in the pouring rain, relentlessly chanting for hours for federal officials to free the mayor.

State senators, county commissioners, local council members, and politicos from nearby New York also joined the protest. Meanwhile, statements of support poured in from other Democrats who are also running for governor, while Republicans used it as an opportunity to attack Baraka. Baraka’s campaign also sent out a fundraising text while he was detained.

During the protest, ICE agents peered through windows of the brick building where Baraka was being held, and a group of six agents stood in the parking lot, keeping watch on the crowd.

Watson Coleman told reporters that she had been “manhandled” during Baraka’s arrest. And Menendez called it an “act of intimidation” to keep the public from speaking about the Trump administration’s increasing immigration enforcement.

“The fact that they pushed, physically assaulted two female members of Congress, ask yourself if this is the beginning or if they’re going to change course,” Menendez said. “I have no faith that they’re going to change course, but we will continue to speak out against it.”

Gov. Phil Murphy, a Democrat, said on social media that while he was happy to see Baraka released, “the bottom line is he never should have been detained in the first place.”

While walking with police officers down Frelinghuysen Avenue after his release, Baraka was asked what his next steps would be.

“See my children,” he said.

New Jersey Monitor is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence T. McDonald for questions: info@newjerseymonitor.com.

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