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Privacy concerns linger in reproductive health care despite HIPAA lawsuit’s dismissal

A Biden-era protection for reproductive and gender affirming health care information was upended by a federal judge in Texas in June. Despite several lawsuits, key privacy rules for medical records remain, but some experts say they aren’t sufficient. (Photo by Dave Whitney / Getty Images)

A Biden-era protection for reproductive and gender affirming health care information was upended by a federal judge in Texas in June. Despite several lawsuits, key privacy rules for medical records remain, but some experts say they aren’t sufficient. (Photo by Dave Whitney / Getty Images)

The four lawsuits at the center of a Republican-led effort to ensure law enforcement can access reproductive health records are now mostly resolved, after attorneys for Texas Attorney General Ken Paxton agreed last week to dismiss the last remaining suit challenging the legality of a foundational health privacy rule.

Paxton filed the lawsuit in September 2024 arguing that Democratic President Joe Biden’s administration illegally created a rule under the Health Insurance Portability and Accountability Act barring certain reproductive health care information from being disclosed if a procedure such as abortion was obtained in a state where it is legal.

The federal HIPAA law is meant to protect patient information generally, especially when that information travels between providers. It contains exceptions for information that can be disclosed to investigators, who can subpoena records from other states. 

Ashley Kurzweil, senior policy analyst for reproductive health and rights at the National Partnership for Women & Families, said the dual threat that Paxton’s lawsuit presented was alarming on a much wider scale than just reproductive health care, so it is a relief that the case is dismissed. Overturning key privacy protections from 2000 that formed the basis of the Biden-era rule could have thrown the entire health care system into chaos, she said.

“We are thrilled that the 2000 privacy rule is still in effect. It is hugely important that it is still in place,” Kurzweil said. “However, (it) provides insufficient safeguards for reproductive health care information when it comes to the broader landscape of increased criminalization risk that people are facing.”

The 2024 rule specifically relating to reproductive and gender-affirming health care information was nullified in June by U.S. District Judge Matthew Kacsmaryk. His ruling came in a Texas-based case filed by a clinician in a small town who said the rule created a conflict with her responsibility to report child abuse, because she considers abortion and gender-affirming health care to be child abuse.

Without those 2024 protections, doctors can choose whether to report patients to law enforcement, Kurzeil said, and some might also be discouraged from offering reproductive health care altogether to minimize legal risks.  

States Newsroom reported more than 400 people were charged with pregnancy-related crimes in the two years after the U.S. Supreme Court’s Dobbs decision, according to data from the nonprofit Pregnancy Justice. 

One of those people was Brittany Watts, an Ohio woman who went to the hospital with miscarriage complications and waited for hours without receiving help. After miscarrying at home and returning to the hospital, staff called the police, accusing her of abuse of a corpse. A grand jury declined to indict her, and Watts is now suing the hospital

In nine of the 400 cases, pregnant people were accused of researching or attempting to obtain an abortion.

Advocacy group dropped effort to appeal Texas ruling

The case before Kacsmaryk is the only one of the four that resulted in a ruling. Although it was filed in the last few months of the Biden administration, the bulk of the case was litigated under Republican President Donald Trump’s Department of Justice.

Repealing the rule was a directive in Project 2025, the conservative blueprint published by the Heritage Foundation. Several prominent anti-abortion organizations were part of the panel that drafted Project 2025, and many of the people involved in writing the 900-page document now work for the Trump administration.

Democracy Forward, a nonprofit legal organization, represented Doctors for America and the cities of Columbus, Ohio, and Madison, Wisconsin, in an attempt to intervene in the case because they did not expect the government to defend the rule. If they were allowed to intervene, they could appeal Kacsmaryk’s opinion striking down the rule regardless of the Trump administration’s decision.

Their attempts were denied by Kacsmaryk, and while the organization did initially appeal that decision, the attorneys dropped the effort in September, saying in a court filing that “the resources of the parties and the courts would be best conserved by dismissing this appeal.”

In a statement to States Newsroom, a spokesperson for Democracy Forward said they will continue to pursue every tool available to defend reproductive rights from political interference and anti-abortion extremists.

The other two cases are in Missouri and Tennessee, where Republican attorneys general also challenged the 2024 reproductive health care-specific rule. The Missouri case was dismissed in September, because Kacsmaryk’s decision had a nationwide effect, and the Tennessee attorney general asked the court to dismiss their case for the same reason. The judge in that case has not yet granted the motion.

map visualization

Shield laws help, but federal backstop would address more situations

Texas and Louisiana have recently launched investigations into out-of-state doctors who, through telehealth, prescribed and mailed abortion medication to patients in their states where abortion is outlawed.

Texas officials have repeatedly investigated and attempted to prosecute people for either leaving the state to seek abortion care or for prescribing abortion medication from a different state. At the end of October, a New York judge dismissed a civil case brought by Paxton seeking $100,000 in damages from a provider the AG said prescribed abortion pills to a woman in the Dallas area, according to The Texas Tribune. Officials in Louisiana attempted to extradite the same New York doctor on criminal charges related to an abortion medication prescription for a pregnant minor. That case was also rejected.

Those attempts were some of the first that tested shield laws implemented by 18 states, including New York. Four others have executive orders from Democratic governors saying they won’t comply with extradition requests for investigations into reproductive health care.

Texas has also passed a law allowing people to seek at least $100,000 in damages if someone they impregnated or someone they’re related to received abortion pills by mail from another state. That law took effect Thursday, Dec. 4.

Kurzweil said those shield laws are a vital help to patients seeking care, but the addition of a federal protective rule would be ideal.

“The two in tandem would be much more fulsome and would address gaps that come up,” she said.

This story was originally produced by News From The States, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Federal appeals court extends National Guard presence in D.C.

Members of the National Guard stationed outside Union Station in Washington, D.C., on Aug. 18, 2025. (Photo by Jane Norman/States Newsroom)

Members of the National Guard stationed outside Union Station in Washington, D.C., on Aug. 18, 2025. (Photo by Jane Norman/States Newsroom)

WASHINGTON — A federal appeals court Thursday paused a lower court’s order to remove the National Guard from the streets of Washington, D.C., eight days after two members were attacked in broad daylight in the district.

The three-judge panel for the U.S. Court of Appeals for the D.C. Circuit granted the Trump administration’s request that the Nov. 20 decision finding the Guard presence illegal to be stayed “pending further order of this court.” 

“The purpose of this administrative stay is to give the court sufficient opportunity to consider the motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion,” wrote Judges Patricia Millett, Gregory Katsas and Neomi Rao.

Millett was appointed by former President Barack Obama, and Katsas and Rao were appointed during President Donald Trump’s first term.

Roughly 2,000 National Guard troops in D.C. were originally expected to remain in the district through February, according to the lower court’s order.

Appeal considered after shooting

The stay comes just over a week after two West Virginia National Guard members were shot on Nov. 26 just blocks from the White House. U.S. Army Spc. Sarah Beckstrom, 20, died from her injuries the following day, Thanksgiving. U.S. Air Force Staff Sgt. Andrew Wolfe, 24, underwent surgery for critical injuries and remains hospitalized.

The suspected shooter, Rahmanullah Lakanwal, a 29-year-old Afghan national who was living in Washington state, pleaded not guilty from his hospital bed during a virtual hearing in D.C. Superior Court Tuesday. Lakanwal is charged with first-degree murder while armed,  possession of a firearm, and assault with the intent to kill. 

The Trump administration filed the emergency motion to stay the lower judge’s order on the day of the shooting. The administration requested the circuit court issue a decision by Dec. 4.

Judge Jia Cobb, for the U.S. District Court for the District of Columbia, found the administration’s deployment of more than 2,000 guard troops in the city illegal but stayed her Nov. 20 decision until Dec. 11 to give the administration time to appeal and remove the guard members from the district’s streets.

Guard armed

Trump initially mobilized 800 National Guard troops to the nation’s capital in August after claiming a “crime emergency” in the district, despite a documented three-decade low in crime.

Many were instructed they would be carrying service weapons, The Wall Street Journal reported on Aug. 17. The White House effort was accompanied by a heightened U.S. Immigration and Customs Enforcement presence in the district.

Trump also federalized the district’s police force for 30 days as part of a district-wide crackdown. While the federalization of the police force expired, Trump has kept the National Guard in the district.

Since then, Republican governors from Louisiana, Ohio, South Carolina and West Virginia, among others, have agreed to send their own Guard members to the district. 

The mobilization had been tied up in court for months.

U.S. work authorizations for legal immigrants slashed from 5 years to 18 months

Farm workers harvesting yellow bell peppers near Gilroy, California. (Nnehring/Getty Images)

Farm workers harvesting yellow bell peppers near Gilroy, California. (Nnehring/Getty Images)

WASHINGTON — The Trump administration Thursday announced new restrictions for immigrants, reducing the work authorization periods from five years to 18 months, the latest crackdown on legal immigration.

The new policy follows the shooting of two West Virginia National Guard members by an Afghan national granted asylum earlier this year. 

The shift will not only affect hundreds of thousands of immigrants, but the shortened period for work authorization could create massive backlogs at the agency responsible for processing legal immigration requests, U.S. Citizenship and Immigration Services. 

“Reducing the maximum validity period for employment authorization will ensure that those seeking to work in the United States do not threaten public safety or promote harmful anti-American ideologies,” USCIS Director Joseph Edlow said in a statement.

“After the attack on National Guard service members in our nation’s capital by an alien who was admitted into this country by the previous administration, it’s even more clear that USCIS must conduct frequent vetting of aliens,” he continued. 

Immigrants affected by the new changes include refugees; those granted asylum; those with a withholding of removal; those with pending applications for asylum or withholding of removal; those adjusting their status, for example by gaining a green card; and those who fall under the Nicaraguan Adjustment and Central American Relief Act of 1997.

That act applies to certain Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents who in the 1990s had applied for asylum and were systematically denied.

Additionally, USCIS fees for applying for permits and other paperwork increased as a result of the massive tax and spending passage that Republicans passed over the summer and President Donald Trump signed into law. For initial employment authorization, fees are now $550 and $275 to renew. 

Following the shooting, U.S. Army Spc. Sarah Beckstrom, 20, died. A second guard member, U.S. Air Force Staff Sgt. Andrew Wolfe, 24, remains critically wounded but hospitalized in stable condition. 

In response, the Trump administration has ramped up its crackdown on legal immigration and highlighted the need for its mass deportation campaign. The suspect, Rahmanullah Lakanwal, pleaded not guilty to several charges in court on Tuesday. 

This week, all immigration applications from 19 countries listed on Trump’s “high-risk” countries or travel ban from earlier this year, were paused — a move that freezes processing for green card holders and citizenship applications.

Retiring US Sen. Durbin makes last push for long-stalled immigration bill

Supporters gather for a rally to celebrate the 10th anniversary of the Deferred Action for Childhood Arrivals program in 2012 in New York City. (Photo by Michael M. Santiago/Getty Images) 

Supporters gather for a rally to celebrate the 10th anniversary of the Deferred Action for Childhood Arrivals program in 2012 in New York City. (Photo by Michael M. Santiago/Getty Images) 

WASHINGTON — U.S. Sen. Dick Durbin, a longtime champion of creating legal status for immigrants brought into the country as children who will retire next year, re-introduced his trademark immigration bill for the last time Thursday. 

Durbin, an Illinois Democrat, first introduced the measure now known as the Dream Act in 2001 with Utah Republican Orrin Hatch and has reintroduced it every Congress since. Congress has not passed the bill. 

Durbin, 81, spoke about his legacy on immigration at a Thursday press conference.

“We are a nation of immigrants. I am proud to be the son of an immigrant,” the No. 2 Senate Democrat said. “This is a proud son of an immigrant who’s doing everything he can to help the next generation of immigrants be part of America’s future. The fight has just begun.”

While Congress is again unlikely to approve the measure this year, younger Senate Democrats Catherine Cortez Masto of Nevada and Alex Padilla of California said Thursday they would carry on the effort.

“The dream is still alive,” Padilla said. “We are committed as ever to get it across the finish line.”

Cortez Masto agreed. 

“Some day, with the hard work of everyone, we (will) get it across the finish line,” she said. 

Alaska Republican Lisa Murkowski co-sponsored the latest version of the legislation.

Temporary fix now 13 years old

The Dream Act would create a path to citizenship for immigrant children who came into the country with their parents without legal authorization.

The bill has nicknamed more than 530,000 immigrants in the Deferred Action for Childhood Arrivals, or DACA, program as Dreamers. The Obama administration created the program in 2012 as a temporary measure to allow recipients to obtain work permits and drivers licenses while Congress created a pathway to citizenship.

DACA’s legality is tied up in the courts, throwing its recipients into limbo. 

For now, existing DACA recipients can continue to renew, but the U.S. 5th Circuit Court of Appeals in January upheld deportation protections for recipients, but found the work authorization portion unlawful. The appeals court limited its ruling to Texas, which spearheaded the suit, meaning that DACA remains in full effect in every state and U.S. territory except Texas.

Many immigration policy experts have called DACA outdated because there are now thousands of undocumented youth who are not eligible for the program because they were not even born by 2007, the year a recipient must have started residence in the United States. 

A federal judge in 2021 blocked new applicants from being accepted.

Trump crackdown adds urgency

Many DACA recipients have been caught up in President Donald Trump’s mass deportation campaign. 

Dozens of recipients have been detained by U.S. Immigration and Customs Enforcement, despite their legal status, according to immigrant advocacy groups tracking the issue. 

“This moment in the history of our nation is a terrible, challenging moment for so many people, not just the Dreamers, but immigrants in general,” Durbin said. 

NEW YORK, NEW YORK - JULY 16: Federal agents patrol the halls of immigration court at the Jacob K. Javitz Federal Building on July 16, 2025, in New York City. Various council members and a state senator attended immigration hearings and observed Immigration and Customs Enforcement as they continued their stepped-up tactics of detaining people during routine check-ins or showing up to court for their immigration hearings. (Photo by Spencer Platt/Getty Images)
Masked federal agents patrol the halls of immigration court at the Jacob K. Javitz Federal Building on July 16, 2025, in New York City. (Photo by Spencer Platt/Getty Images)

“I’ve been both angry and heartbroken to watch masked federal agents parading in their combat uniforms with automatic weapons in the city of Chicago,” he continued. “I’ve seen them wreak havoc in these communities and sow fear among people who are afraid to even go outside, to go to church or to go shopping.”

The executive director of the immigrant advocacy group United We Dream, Greisa Martinez Rosas, said that while DACA has allowed some immigrant youth to obtain work authorization and deportation protections, more needs to be done, especially under a second Trump administration.

“We are currently facing unprecedented attacks that pose the greatest threat to… the future of the DACA program, and in doing so, the future of this country and those millions of people who would make our country stronger every single day,” she said.

Immigration reform elusive

Durbin said the Dream Act would be a “key step toward true, positive, bipartisan change” in immigration policy.  

​​The last time Congress came close to bipartisan immigration reform was in 2013. 

That year, the bipartisan “Gang of Eight” senators, including Durbin, crafted a bill to create a pathway to citizenship for millions of undocumented people who had resided in the country for years. 

The Senate passed the measure, but then-House Speaker John Boehner, an Ohio Republican, never brought the bill to the floor for a vote.

Signalgate report says Hegseth created a risk to national security with cellphone messages

U.S. Rep. Raja Krishnamoorthi, D-Ill., points to text messages by Defense Secretary Pete Hegseth during an annual worldwide threats assessment hearing at the Longworth House Office Building on March 26, 2025 in Washington, DC. The hearing held by the House Permanent Select Committee on Intelligence addressed top aides inadvertently including Jeffrey Goldberg, the editor-in-chief for The Atlantic magazine, on a high level Trump administration Signal group chat discussing plans to bomb Houthi targets in Yemen. (Photo by Kayla Bartkowski/Getty Images)

U.S. Rep. Raja Krishnamoorthi, D-Ill., points to text messages by Defense Secretary Pete Hegseth during an annual worldwide threats assessment hearing at the Longworth House Office Building on March 26, 2025 in Washington, DC. The hearing held by the House Permanent Select Committee on Intelligence addressed top aides inadvertently including Jeffrey Goldberg, the editor-in-chief for The Atlantic magazine, on a high level Trump administration Signal group chat discussing plans to bomb Houthi targets in Yemen. (Photo by Kayla Bartkowski/Getty Images)

WASHINGTON — Defense Secretary Pete Hegseth violated official policy when he used the publicly available Signal app to message about military plans from his personal cell phone, including imminent bombings in Yemen, according to a report released Thursday by the Pentagon’s own watchdog. 

The Defense Department Inspector General’s 84-page report concluded Hegseth sent information about the “strike times of manned U.S. aircraft over hostile territory over an unapproved, unsecure network approximately 2 to 4 hours before the execution of those strikes.” 

“Although the Secretary wrote in his July 25 statement to the DoD OIG that ‘there were no details that would endanger our troops or the mission,’ if this information had fallen into the hands of U.S. adversaries, Houthi forces might have been able to counter U.S. forces or reposition personnel and assets to avoid planned U.S. strikes,” the report states. “Even though these events did not ultimately occur, the Secretary’s actions created a risk to operational security that could have resulted in failed U.S. mission objectives and potential harm to U.S. pilots.”

Members of Congress from both political parties requested the Defense Department Inspector General look into Hegseth’s use of Signal after a journalist at The Atlantic was inadvertently added to a group chat of national security officials planning the bombing in Yemen. Editor-in-Chief Jeffrey Goldberg later published a series of stories detailing the messages. 

Acting Defense Department Inspector General Steven A. Stebbins released a memo in April announcing he had opened an investigation into the matter. 

GOP wants more Pentagon tech, Dems want Hegseth gone

Members of Congress’ reaction to the report was mixed, with Republicans suggesting more technology is needed for the Pentagon, while Democrats called for Hegseth to resign. 

Senate Armed Services Committee Chairman Roger Wicker, R-Miss., issued a statement saying the report shows Hegseth “acted within his authority to communicate the information in question to other cabinet level officials.” 

“It is also clear to me that our senior leaders need more tools available to them to communicate classified information in real time and a variety of environments,” Wicker added. “I think we have some work to do in providing those tools to our national security leaders.”

Senate Armed Services Committee ranking member Jack Reed, D-R.I., said in a statement the report confirms “that Secretary Hegseth violated military regulations and continues to show reckless disregard for the safety of American servicemembers.”

“For months, Secretary Hegseth has attempted to mislead Congress and the American people, claiming repeatedly that no classified information was involved,” Reed said. “The Inspector General has now definitively cast doubt on those false assurances.”

Reed added that Hegseth should “explain himself to Congress, the public, and the servicemembers he leads. The men and women of our armed forces deserve leadership they can trust with their lives.”

Hegseth refuses to give cell phone to investigators

The Inspector General report said Hegseth declined to sit for an interview with the Defense Department’s oversight agency, that he refused to hand over his personal cell phone to investigators and that he didn’t retain some of the messages in accordance with federal recordkeeping requirements. 

Officials working for Hegseth shared copies of the Signal chat with the inspector general, but those were incomplete since the app’s auto-delete feature was on at the time. Signal users can adjust that for different lengths of time or turn it off completely.

Hegseth was in the Sensitive Compartmented Information Facility, or SCIF, in his home the morning and early afternoon of March 15 to monitor “the operation against the Houthis,” according to the report. 

Two aides who were with Hegseth at the time told investigators he used “secure, classified” systems to communicate with United States Central Command officials “during the planning and execution of the strikes against Houthi targets that day and reviewed information related to the strikes.” 

“In the SCIF, the Secretary had access to multiple means of secure communication that allowed him to provide the necessary operational details and updates to non-DoD government officials on the Signal group chat,” the report states. 

The group chat about the Yemen bombing that accidentally included a journalist wasn’t the only one Hegseth used to communicate about official Pentagon business from his personal phone. 

Eight officials within the Office of the Secretary of Defense and the Office of the Chief Information Officer told investigators that Hegseth created “multiple Signal group chats in which the Secretary and others allegedly discussed official DoD business and nonpublic information.” 

“One of the officials we spoke with stated that the Secretary posted the same sensitive operational information concerning the Houthi attack plans on the ‘Defense Team Huddle’ group chat,” the report states, later adding Hegseth declined to provide any information about that chat. 

The Inspector General opted not to make any recommendations about the use of Signal in the report, since “records management issues arising from the use of Signal and other commercially available messaging applications are a DoD-wide issue.”

A previous inspector general report also called on the department to “improve training for DoD senior officials on compliance with records retention laws and policies.”

Alabama’s Rogers says mission not compromised

House Armed Services Committee Chairman Mike Rogers, R-Ala., wrote in a statement that it is “important to remember that this was a successful operation that took out a dangerous target with no harm to U.S. troops. It’s clear that the discussion on Signal didn’t compromise the mission.”

“During the past few administrations, the use of Signal for communication between government officials has grown, so I appreciate the comprehensive work by the IG to develop recommendations on how to improve and secure communications,” Rogers said. “I encourage the Administration to follow these recommendations, and I look forward to discussions with the Pentagon on how to implement them.”

House Armed Services Committee ranking member Adam Smith, D-Wash., called the report “a damning review of an incompetent secretary of defense who is profoundly incapable of the job and clearly has no respect for or comprehension of what is required to safeguard our service members.”

“It confirms staggering violations of policy – namely that unsecured platforms were used by the secretary to boast about sensitive operational details that could have jeopardized both the mission and, more importantly, the lives of American service members tasked with carrying out Operation Rough Rider,” Smith said.

‘A fireable offense for anyone else in the Department of Defense’

Senate Defense Appropriations subcommittee ranking member Chris Coons, D-Del., said in a statement the report “concluded that Secretary Hegseth violated DOD procedure and put service members’ lives at risk with his reckless mishandling of sensitive information.” 

“In March, I led a group of senators in pressing the Trump administration to investigate this blatant misconduct. Any service member who acted with such disregard for our national security would be dismissed, at the very least,” Coons said. “Our nation’s highest ranking defense official should not be held to a lower standard than the men and women he oversees. For the good of our nation, I once again call on Secretary Hegseth to resign.”

House Permanent Select Committee on Intelligence ranking member Jim Himes, D-Conn., said in a statement the report “confirms what I feared when this Signal thread became public: We are fortunate that the mission was not compromised and that servicemembers were not put at needless risk thanks to Secretary Hegseth’s reckless treatment of classified information.”

“Pete Hegseth’s behavior and lack of judgment would be a fireable offense for anyone else in the Department of Defense,” Himes said. “What’s more, his refusal to sit for an interview with the Inspector General or submit his device for examination is yet another example of his failure to take responsibility for his actions.”

Evers lights ‘Learning Tree’ with students and teachers at the Capitol 

Gov. Tony Evers joined teachers and students from across Wisconsin to light the Wisconsin Holiday Tree in the Capitol Thursday. (Photo by Baylor Spears/Wisconsin Examiner)

Gov. Tony Evers joined teachers and students from across Wisconsin to light the Wisconsin Holiday Tree in the Capitol Thursday. Evers, who previously worked as a science teacher and principal and served as state schools superintendent before he was elected governor, said the tree this year is special because of students’ participation. 

Evers, who previously worked as a science teacher and principal and served as state schools superintendent before he was elected governor, said the tree this year is special because of students’ participation. (Photo by Baylor Spears/Wisconsin Examiner)

The theme for this year is “the Learning Tree,” with ornaments made by students at public and private schools across the state. 

“We encouraged them to think about what learning means to them, and we encouraged them to reflect on all the people who made learning possible and fun,” Evers said. “The librarian who helped them find a new favorite book. The school nurse who helped them when they weren’t feeling well. The school bus driver who gets them [to school] and gets them home safely. The teacher who helped them learn something they really didn’t think they could learn, and so many others who played a role in helping our kids bring the best and fullest selves to the classroom every day.”

The students’ handmade ornaments decorate a 30-foot balsam fir donated by Dave and Mary Vander Velden, the retired owners of Whispering Pines Tree Farm in Oconto County. It was harvested by Henry Schienebeck and members of the Great Lakes Timber Professionals Association. 

Ellie Mason, an eighth-grader from John Muir Middle School in Wausau, spoke about what the Learning Tree means to her and helped Evers flip the switch to turn the tree lights on. 

“I picture a tree with many branches reaching out in every direction, each one helping me climb a little higher. The tree is strong with many branches, each one supporting the others,” Mason said. “That’s what school feels like to me.” 

Mason said her mom and other members of her family are teachers, and they have shown her that being a teacher “means caring about people so much that you believe in what they become.” She thanked Wisconsin teachers, custodians, principals, nurses, cafeteria workers and office staff for all their hard work. 

“You are the branches of the Learning Tree, lifting us up into helping us reach our whole potential,” Mason said.

“You slay” states one of the student made ornaments on the “Learning Tree.” (Photo by Baylor Spears/Wisconsin Examiner)

Other speakers at the lighting included Rodney Esser, also known as “Mr. Peanuts,” who is the head custodian at Park Elementary School and has spent 60 years with the Middleton-Cross Plains Area School District, Green Bay West High School Teacher Ellie Hinz-Radue, and CEO and Executive Director of the Wisconsin Housing and Economic Development Authority Elmer Moore Jr. The lighting also featured performances by the La Crosse Central High School band and four members of the Kids From Wisconsin, an audition show choir group made up of students from across the state. 

Not everyone had a positive reaction to the “Learning Tree.” Republican gubernatorial hopefuls criticized Evers for not calling it a “Christmas tree.”

“They won’t even call it a “Christmas” tree. Time to replace woke nonsense with Wisconsin common sense in 2026,” U.S. Rep. Tom Tiffany said on social media. He tagged Lt. Gov. Sara Rodriguez, one of the Democratic gubernatorial hopefuls, in his post.

Washington County Executive Josh Schoemann wrote about the announcement of the tree theme on social media, saying “it’s a Christmas tree, Tony. I look forward to highlighting all our wonderful Wisconsin Christmas traditions as Governor, and having the best, biggest, most impressive CHRISTMAS TREE in the Capitol!” 

Evers is not running for reelection next year. 

The state under Evers’ leadership started referring to the tree in the Capitol as a holiday tree in 2019 to avoid perceptions that it was endorsing any religion. Each winter season since then has been marked by complaints from Republicans about ecumenical terminology for the time of year and traditions. In 2020, a pair of Republican lawmakers went so far as to set up their own tree in the Capitol rotunda in protest.

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Health subsidies would continue for 3 years under Dem bill to be voted on in US Senate

U.S. Senate Minority Leader Chuck Schumer, D-N.Y., and House Minority Leader Hakeem Jeffries, D-N.Y., speak with reporters during a press conference in the U.S. Capitol building in Washington, D.C., on Wednesday, Dec. 3, 2025. (Photo by Jennifer Shutt/States Newsroom)

U.S. Senate Minority Leader Chuck Schumer, D-N.Y., and House Minority Leader Hakeem Jeffries, D-N.Y., speak with reporters during a press conference in the U.S. Capitol building in Washington, D.C., on Wednesday, Dec. 3, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — U.S. Senate Democratic Leader Chuck Schumer announced Thursday the chamber will vote next week to extend enhanced tax credits for three years for people who purchase their health insurance from the Affordable Care Act marketplace, though the plan seems unlikely to get the bipartisan support needed to advance. 

While it would typically be difficult for the minority leader to schedule a floor vote, Senate Majority Leader John Thune, R-S.D., agreed that Democrats could bring up a health care bill of their choosing in exchange for voting to end the government shutdown.

Schumer told reporters in recent days to “stay tuned” for details about the legislation while maintaining all Senate Democrats were united around the proposal. The three-year plan he previewed during his floor speech appears identical to one House Democratic leaders have been pressing for in that chamber. 

“Any Republican who claims to care about premium increases on January 1 has only one realistic path, and that’s to support our bill for a simple, clean, three-year extension,” Schumer said. “If Republicans block our bill, there’s no going back. We won’t get another chance to halt these premium spikes before they kick in at the start of the new year.” 

The vote will take place next Thursday, Schumer said. 

Clock ticking on solution

Health care costs have surged to the forefront of the national conversation in recent months, with both Democrats and Republicans in Congress pledging to find solutions. Both agree much more time is needed to make larger, structural changes. 

The Senate committee in charge of health care policy held a hearing Wednesday where senators began to coalesce around extending the enhanced tax credits beyond the end-of-December sunset date. But a bipartisan bill has not yet been introduced in that chamber on that subject. 

Health, Education, Labor and Pensions Chairman Bill Cassidy, R-La., said just after the hearing wrapped up there will likely be a GOP bill, or even a bipartisan one, to counter Schumer’s bill. 

“Yeah, absolutely,” Cassidy said. “I’d like to have a plan that both sides can vote for. But there will be a Republican plan if I have anything to do with it.”

Congress has an especially brief time frame to find a short-term resolution on the expiring tax credits, which would lead the cost of ACA marketplace plans to rise by hundreds or thousands of dollars. 

Open enrollment for ACA marketplace plans ends at different times throughout the country, with some states finishing on Dec. 15. Residents of other states are able to sign up through varying dates in January, but with their coverage starting later in the year. Lawmakers are set to leave Capitol Hill on Dec. 19 for their winter holiday break. 

poll released Thursday by the nonpartisan health organization KFF showed nearly 60% of ACA marketplace enrollees could not cover the costs of a $300 annual increase in their premiums, while an additional 20% said they couldn’t afford a $1,000 jump in prices per year. 

Gottheimer, Kiggans unveil House bipartisan bill

At the same time Schumer was speaking on the Senate floor, a bipartisan group of House lawmakers, led by New Jersey Democratic Rep. Josh Gottheimer and Virginia Republican Rep. Jen Kiggans, introduced a bill they said could address some of the short-term issues facing ACA enrollees. 

“Although we may have different opinions over the long-term solutions for reforming marketplace health care or if there are even better and cheaper options for publicly available health insurance, we agree on the many aspects of the short-term solutions,” Kiggans said. 

The legislation — which needs to pass a floor vote, make it through the Senate and garner President Donald Trump’s signature — would extend the enhanced ACA marketplace tax credits with new income caps, “guardrails for waste, fraud and abuse” and an overhaul of the pharmacy benefit manager, or PBM, system, Kiggans said. 

The bipartisan group of representatives would then move on to the second part of their plan, not included in the bill, where they would try to make more structural changes to the entire country’s health care system. 

Those bills, Kiggans said, would address hospital billing transparency, implement Health Savings Accounts and advance the Give Kids a Chance Act “to accelerate pediatric cancer treatments and expand access to life-saving therapies for children battling rare diseases.”

Gottheimer said the group wants House leaders to put their bill up for a vote before members leave town for the two-week, end-of-year break. 

“In the last month, families have seen their health insurance premiums surge as they’ve shopped for insurance during open enrollment because enhanced premium tax credits are set to expire, as we all know, at the end of the year,” Gottheimer said. “In fact, because of this, for millions of families on the ACA, their health premiums will rise an average of 26% next year. 

“In Jersey, where we live, it could be even rougher with a 175% increase. That’s $20,000 for a family of four. And that’s why we’re all here together to try to solve this problem, do something about it, and avoid a massive new tax on hard-working families,” he said.

Senators don’t see future in bipartisan House bill

Schumer and other Senate Democrats didn’t appear to take the bipartisan House plan seriously when pressed about it during an early afternoon press conference, asking reporters in the room whether Speaker Mike Johnson, R-La., would actually put it on the floor for a vote. 

“As for whatever House proposals there are, we’ll always look at something, but I don’t even see 15 Republicans supporting it right now,” Schumer said. “Sure an individual or two or three people can say this or that. It’s not going to solve the problem.”

Schumer maintained Senate Democrats’ three-year extension, which does not come with income caps or other changes to the tax credits proposed by centrist Republicans, is the best path forward.

He appeared frustrated when reporters asked him why he didn’t include changes that could have swayed at least some GOP senators to vote for the bill. 

Schumer said it wasn’t worth it for Democrats to put together a bill that a few Republicans might support when he doesn’t expect Speaker Johnson to put the bill on the floor in that chamber given strong opposition to the enhanced tax credits by “half his caucus.”

“Come on,” he said. “The fault is there, not with us.”

  • 4:35 pmThis report has been clarified to reflect that deadlines for ACA enrollment vary among states.

Trump’s Education Department transfers illegal, US Senate Dems say

Washington state Democratic Sen. Patty Murray speaks to reporters at the U.S. Capitol on Feb. 25, 2025. Senate Democratic Leader Chuck Schumer and Sen. Tammy Baldwin, Democrat of Wisconsin, stand behind her. (Photo by Kayla Bartkowski/Getty Images)

Washington state Democratic Sen. Patty Murray speaks to reporters at the U.S. Capitol on Feb. 25, 2025. Senate Democratic Leader Chuck Schumer and Sen. Tammy Baldwin, Democrat of Wisconsin, stand behind her. (Photo by Kayla Bartkowski/Getty Images)

WASHINGTON — More than 30 members of the U.S. Senate Democratic caucus slammed the U.S. Education Department’s plans to shift several responsibilities to other Cabinet-level agencies in a letter to Secretary Linda McMahon. 

The senators blasted the move as “outrageous,” and “illegal,” saying it circumvented appropriations law — which is how Congress exercises its power of the purse — and would “jeopardize the funding and support that tens of millions of students, teachers, and families across the country rely on.”

Sens. Patty Murray of Washington state, Tammy Baldwin of Wisconsin, Vermont independent Sen. Bernie Sanders and Senate Minority Leader Chuck Schumer led the letter, dated Wednesday. 

Murray is the top Democrat on the Senate Appropriations Committee, Baldwin is the top Democrat on the Appropriations subcommittee overseeing Education Department funding and Sanders is the ranking member of the Senate Committee on Health, Education, Labor and Pensions.

“This is the latest example of this administration’s complete lack of regard for our laws and its failure to provide the certainty, clarity, and stability that students and schools deserve when it comes to the federal government’s approach and commitment to properly implementing federal education laws and appropriations,” the senators wrote. 

Department dismantling

The Education Department outlined six agreements signed with the departments of Labor, Interior, Health and Human Services and State. The move drew swift backlash from Democratic officials, labor unions and advocacy groups. 

The plan, announced Nov. 18, is part of a larger effort from President Donald Trump’s administration to dismantle the 46-year-old Education Department as the president seeks to send education “back to the states.” Much of the funding and oversight of schools already occurs at the state and local levels.

McMahon has defended the move as an effort to cut “bureaucratic bloat.”

But the senators’ letter said the plan will “create even more bureaucracy that states, school districts, and educational institutions across America will have to expend time and resources navigating at the expense of students and families.” 

The lawmakers urged McMahon to “immediately reverse course” and focus her time and attention on “actions that actually help states, school districts and educational institutions improve educational outcomes and support for students.” 

Appropriators object

The senators also pointed out that Congress has not provided the Education Department with the authority to transfer the programs and their associated funding to other agencies. 

They noted that “appropriations law prohibits the transfer of funds to another federal agency unless expressly authorized in appropriations law, which it has not done in this case.” 

The senators also expressed concerns over the loss of expertise from the transfer of services, highlighting the Department of Labor’s greater role in managing the Education Department’s elementary and secondary education programs and higher education grant programs. 

“The Department also provides deep policy expertise to ensure programs support improved student outcomes, such as through expert guidance to colleges and universities to improve college access, retention, and completion through programs like TRIO, GEAR UP, the Postsecondary Student Success Grant Program, and others,” they wrote.

The Federal TRIO Programs include federal outreach and student services programs to help students who come from disadvantaged backgrounds, while the Gaining Early Awareness and Readiness for Undergraduate Programs, or GEAR UP, aim to prepare low-income students for college.

“Now, DOL, who lacks the necessary expertise, is tasked with managing these programs and students will suffer as a result.” 

The lawmakers also criticized the lack of detail the administration has provided about the implementation of the transfers.

“The other federal agencies that will suddenly have significant responsibilities in administering billions in education funding — have provided no information about their roles or their capacity to carry out these programs and activities,” they wrote. 

The department did not immediately respond to a request for comment Thursday. 

Man arrested in January 2021 pipe bomb case targeting party headquarters

Attorney General Pam Bondi spoke on the arrest of Brian J. Cole Jr. from Department of Justice headquarters in Washington, D.C., on Thursday, Dec. 4, 2025. Standing behind Bondi, from left to right, Metropolitan Police Department Chief Pamela Smith, U.S. Attorney for the District of Columbia Jeanine Pirro, Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Office Special Agent in Charge Anthony Spotswood, FBI Director Kash Patel and FBI Washington Field Office Assistant Director in Charge Darren Cox. (Photo by Ashley Murray/States Newsroom)

Attorney General Pam Bondi spoke on the arrest of Brian J. Cole Jr. from Department of Justice headquarters in Washington, D.C., on Thursday, Dec. 4, 2025. Standing behind Bondi, from left to right, Metropolitan Police Department Chief Pamela Smith, U.S. Attorney for the District of Columbia Jeanine Pirro, Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Office Special Agent in Charge Anthony Spotswood, FBI Director Kash Patel and FBI Washington Field Office Assistant Director in Charge Darren Cox. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — Federal authorities arrested a Virginia man Thursday morning who they say was involved in planting pipe bombs outside the Democratic and Republican national committee offices on the eve of the Jan. 6, 2021, U.S. Capitol riot, according to the Department of Justice.

FBI agents took Brian J. Cole Jr., 30, into custody “safely and successfully,” in Woodbridge, Virginia, Attorney General Pam Bondi said at an afternoon press conference at DOJ headquarters in Washington, D.C.

Cole is a resident of Woodbridge, a distant suburb of Washington, according to charging documents.

Bondi would not comment on a motive.

The arrest marked a breakthrough in the five-year-old case. Bondi claimed Thursday it could have been solved earlier as “evidence has been sitting there collecting dust.”

Officials did not offer details about which piece or pieces of evidence led them to the suspect, but said the FBI scoured 3 million lines of data and sifted through 233,000 sale records of black caps the suspect used on the ends of the pipe bombs he created.

“Let me be clear: There was no new tip, there was no new witness, just good, diligent police work and prosecutorial work, working as a team along with ATF, Capitol Police, Metropolitan Police Department, and, of course the FBI,” Bondi said.

The FBI offered $500,000 for information leading to the arrest of a person suspected of planting pipe bombs outside national headquarters of the Democratic and Republican parties. (Screenshot from FBI website)
The FBI offered $500,000 for information leading to the arrest of a person suspected of planting pipe bombs outside national headquarters of the Democratic and Republican parties. (Screenshot from FBI website)

FBI Director Kash Patel said the operation Thursday morning was “flawless.”

“I’m proud to stand here before you and say, we solved it. He will have his day in court,” Patel said. 

Cole is charged with transporting explosive devices across state lines and attempting malicious destruction by means of explosive materials, according to the U.S. Attorney for the District of Columbia Jeanine Pirro.

Pirro said pinpointing the suspect was “like finding a needle in a haystack.”

Bondi said additional charges could be forthcoming but declined to provide details. The investigation is “very active and very ongoing” and search warrants were being executed Thursday, she said. 

Purchases at Home Depot, Lowe’s

According to the FBI, Cole placed pipe bombs near the offices of the Democratic and Republican national committees between 7:30 p.m. and 8:30 p.m. Eastern on Jan. 5, 2021. 

Charging documents filed Wednesday in U.S. District Court for the District of Columbia detail Cole’s purchases in 2019 and 2020 at Home Depot and Lowe’s of materials to produce the pipe bombs.

Investigators also obtained cell phone provider records that revealed Cole’s phone connected to multiple cell towers in the vicinity of the DNC and RNC on the night of Jan. 5, 2021, according to the court filings.

Additionally, investigators say they tracked a transaction Cole made at a restaurant within steps of the RNC less than a month before he allegedly planted the bombs.

Authorities had publicized several video clips of a masked individual in a gray hooded sweatshirt carrying a backpack to transport the pipe bombs. The FBI increased its reward to $500,000 in January 2023, up from $100,000, for information leading to an arrest.

Reports of explosives on Jan. 6

The bombs did not detonate. Police received reports of an explosive device near the RNC headquarters around 1 p.m. Eastern on Jan. 6, 2021. Roughly 15 minutes later, authorities were alerted to another explosive device a few blocks away in the vicinity of the DNC, according to the charging documents.

The national party headquarters are within a five-minute walk of each other and within close proximity to the U.S. Capitol. Then Vice President-elect Kamala Harris was inside the DNC when the pipe bomb was discovered, Politico reported in 2022.

The FBI’s Darren Cox, assistant director in charge of the Washington, D.C., field office, said “Fortunately, these bombs did not explode, although they certainly could have.” 

DNC Chair Ken Martin said in a statement Thursday that the committee is “grateful to the law enforcement officers who have dedicated years to investigating the pipe bombs planted at the Democratic and Republican National Committee headquarters on the eve of the January 6th insurrection.” 

“Those responsible for this horrific act must be brought to justice, and political violence should never be accepted in America,” Martin said.

RNC Chair Joe Gruters issued a statement Thursday blaming the administration of former President Joe Biden for not finding and arresting the suspect, and credited current administration officials “who prioritized this case and delivered long-overdue answers to the American people.”

“For four years, the Biden administration allowed a terrorist to walk the streets while DOJ leadership was busy targeting parents at school board meetings, Catholics at church, and enforcing their DEI agenda instead of getting a potential mass murderer off the streets,” Gruters said. 

Bongino role

Several conspiracy theories swirled for years on far-right internet spaces about the pipe bomb case.

FBI Deputy Director Dan Bongino, who previously accused the FBI of covering up the pipe bomb investigation, thanked President Donald Trump and Bondi at the Thursday press conference for giving him “latitude” to solve the case.

“I spoke with Ms. Bondi very early, maybe day two, and I said, ‘We’re going to get this guy.’ She said, ‘Yes, you are.’ And we did,” said Bongino, who until early 2025 hosted the podcast “The Dan Bongino Show.”

Most ACA marketplace users can’t afford potential increases, poll shows

The website of Connect for Health Colorado, the state's health insurance marketplace, is pictured on Aug. 27, 2025. (Photo by Chase Woodruff/Colorado Newsline)

The website of Connect for Health Colorado, the state's health insurance marketplace, is pictured on Aug. 27, 2025. (Photo by Chase Woodruff/Colorado Newsline)

WASHINGTON — Americans who purchase their health insurance through the Affordable Care Act marketplace are bracing for a steep rise in costs next year that many say they will not be able to afford, according to a poll released Thursday by the nonpartisan health organization KFF.

Nearly 60% of enrollees surveyed could not cover the costs of a $300 annual increase in their premiums, while an additional 20% said they couldn’t afford a $1,000 jump in prices per year. 

About 90% of those polled said it would be somewhat or very difficult to afford health insurance within their budget if they could no longer purchase a plan through the ACA marketplace.

If enrollees said they could afford an annual increase of $300, they were then asked about their ability to afford larger annual increases. A further 20% of enrollees say they would be unable to afford an increase of $1,000 per year, the average projected increase, without significant financial disruption. Only one in eight Marketplace enrollees (13%) say they could afford an increase of $2,000 or more (which some people would face).
About one-in-eight Marketplace enrollees say they could afford an increase of $2,000 or more. (Graphic by KFF)

The spike in prices is predominantly due to the end-of-year expiration date for enhanced tax credits for ACA marketplace plans. Republicans in Congress have so far declined to extend the subsidies, while Democrats shut down the government in an unsuccessful attempt to continue the credits.

While increases would vary considerably based on location, income and plan type, a Sept. 30 KFF analysis projected individuals’ annual premiums would rise between around $350 and more than $1,800.

Open enrollment for ACA marketplace plans ends at different times throughout the country, with some states finishing on Dec. 15. Residents of other states are able to sign up through varying dates in January, but with their coverage starting later in the year. That doesn’t give Congress much time to broker a deal before the ability to purchase a plan for next year closes.

No progress on negotiations

The Senate is expected to vote next week on a Democratic bill to extend the subsidies, though that legislation appears unlikely to get the 60 votes needed to advance in the Republican-controlled chamber. 

The Health, Education, Labor and Pensions Committee held a hearing this week to explore short- and long-term options to bring down health care costs, but senators on that panel didn’t reach a clear consensus. 

KFF President and CEO Drew Altman said in a statement the “poll shows the range of problems Marketplace enrollees will face if the enhanced tax credits are not extended in some form, and those problems will be the poster child of the struggles Americans are having with health care costs in the midterms if Republicans and Democrats cannot resolve their differences.”

The KFF poll showed only 9% of marketplace enrollees have a lot of confidence that Republicans in Congress will address rising health insurance costs, with 24% saying they had some confidence, 25% saying they didn’t have much confidence and 42% responding they had no confidence in GOP lawmakers on that particular issue.

Blame falls to Trump

ACA marketplace enrollees would predominantly fault President Donald Trump if their overall health care costs, including premiums, co-pays and deductibles, were to increase by $1,000 next year, though Republicans and Democrats in Congress would share nearly as much blame, the survey found.

Thirty-seven percent would place the responsibility with Trump, while 33% would cite GOP lawmakers and 29% would fault Democrats with the rising costs.

Those numbers fluctuate significantly depending on a person’s political affiliation, with 65% of Republicans saying they would blame Democrats, while 20% would credit Republicans in Congress and 14% would fault Trump.

Forty-four percent of people who identified as independents said they would blame Trump, while 32% said they would cite Republicans in Congress and 23% said they would fault Democrats.

Among Democrats, 49% would blame Trump, 46% would credit congressional Republicans, with the remainder would fault members of their own party.

KFF conducted the survey of 1,350 people between Nov. 7-15. It has a margin of error of plus or minus 3 percentage points for the full sample, with a plus or minus 6 percentage points margin of error for political party affiliation questions.

  • 4:38 pmThis report has been clarified to reflect that deadlines for ACA enrollment vary among states.

A Wisconsin bill would allow one youth offender — and about 100 others — to appeal a life sentence

Hands grasping bars in jail or prison

A bill in the Wisconsin Legislature would make youth who received life without parole eligible to appeal to shorten their sentences; currently 28 states ban life without parole for juveniles offenders | Getty Images

Since the 2022-23 session of the Wisconsin Legislature, a bill (SB-801/AB-845) has been discussed that would eliminate the court-imposed sentence of life without parole for a juvenile (under 18 years of age) and require the court to consider specific factors when sentencing youth, namely their level of maturity.

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.

The bill would also allow those already sentenced to life as a juvenile the opportunity to appeal and adjust their sentences after serving 15 years for crimes that didn’t involve murder and at 20 years for those who were convicted of homicide.

Two U.S. Supreme Court rulings (Miller v. Alabama, 2012, and Montgomery versus Louisiana, 2016) have held that life without parole for a juvenile comes under the category of cruel and unusual punishment. The Court has found that youth shouldn’t be held to the same level of accountability as adults because they are not psychologically or emotionally as mature and their brains are not fully developed.

According to an April 2024 report by the Campaign for the Fair Sentencing of Youth, “Unusual & Unequal: The unfinished business of ending life without parole for children in the United States,” 28 states have banned juvenile sentences of life without parole (JLWOP):

“The scientific understanding that young people have limited decision-making abilities and impulse control informed widespread, rapid rejection of JLWOP in state legislatures, the Supreme Court, state courts, and the court of public opinion. Declaring that youth is ‘a mitigating factor’ that must be considered by sentencing judges in Miller v. Alabama (2012), the U.S. Supreme Court held that life without parole is disproportionate for the vast majority of youth.”

Nikki Olson, founder and executive director of Wisconsin Alliance for Youth Justice, is one of the advocates pursuing the legislation in Wisconsin.

“Their liberty was taken away before they even had full rights because they were kids,” she said of juveniles sentenced to life. “We are talking about people who weren’t even 18, who couldn’t legally smoke cigarettes, drink alcohol or couldn’t even drive without their parents’ permission. They couldn’t sign contracts or be on a jury or vote in society. We understand that kids are fundamentally different. The science says kids are fundamentally different. The Supreme Court says they are fundamentally different. We would like Wisconsin law to reflect that as well.”

Two past Republican sponsors of the proposed Wisconsin legislation are Rep. Todd Novak and Sen. Jesse James.

Rep. Todd Novak (Screenshot via WisEye)

“Ending juvenile life without parole in Wisconsin is not just about reforming our justice system; it’s about restoring hope, potential and the promise of a future for our youth,” Novak has said. “This would also ensure that Wisconsin remains in compliance with the United States Supreme Court precedent.”

Sen. James has also gone on the record endorsing the bill. “The science is clear: brains are still developing. They cannot fully comprehend the extent of their actions,” James said. “For example, how is a 15-year-old supposed to understand life without parole when that sentence is literally quadruple the entire time they’ve been alive. People can grow; people can change, especially when their brains are still forming. Juveniles deserve a second chance.”

According to Sen. James’ office, the bill will be reintroduced as soon as the Department of Corrections (DOC) provides data on how many people currently incarcerated in Wisconsin  would be eligible to apply for a sentence adjustment if the bill is passed. The advocacy group Kids Forward puts the number somewhere north of 100.

Sen. James was asked whether his Republican colleagues known for supporting tough-on-crime legislation would also back the bill.

Sen. Jesse James (Screenshot via WisEye)

“As legislators, we introduce legislation with the hope that it’ll pass,” he said. “It is a part of our job to advocate for our bills and highlight the potential benefits and positive impact of the legislation with supportive research. Last session was my first time authoring this bill, and I’m still learning new information about this issue myself. We unfortunately didn’t get the opportunity to have a public hearing on this bill in the Senate last year, so myself and other advocates have not had the chance to testify in support and provide that background and context to members of the Senate.”

Convicted as a juvenile, serving life as an adult

Zachary Reid with tables he learned to weld while incarcerated | Photo courtesy Zachary Reid

Zachary Reid, 33, incarcerated at the New Lisbon Correctional Institution, has been in prison for 17 years. He is serving a life sentence, but he can apply for extended supervision after serving 40 years. If there isn’t a change in the law or Gov. Tony Evers doesn’t offer him a commutation or pardon, Reid is looking at another 23 years of incarceration.

If the bill does become law, Reid said he would apply at his 20-year mark, and he would be granted a hearing for a sentence adjustment.

The current language of the bill says the hearing should consider “relevant information” including “expert testimony and other information about the youthful offender’s participation in any available educational, vocational, community service, or other programs, the youthful offender’s work reports and psychological evaluations, evidence of the youthful offender’s remorse and the youthful offender’s major violation of institutional rules, if any.”

In 2008, when Reid was 16, he was charged with killing his father. Then, in 2009, a Winnebago County trial jury convicted him of first degree  intentional homicide, and he was given a life sentence which he began to serve in Waupun Correctional Institution when he turned 17.

Reid continues to contend that the death of his father was not intentional but an accident and that  Reid was defending himself from his alcoholic, abusive father, who was wielding a knife and making threatening gestures. Reid claims he choked his father with the intention that his father would pass out, not die.

But Reid also admits he did some things after his father’s death that he shouldn’t have, such as placing the body in the trunk of his father’s car instead of reporting the death immediately to the police.

 At 16, Reid said, he was a very immature young person, often in trouble, using drugs, not attending school, and stealing, making many poor decisions.

“At that age, you think you’re an adult; you think you know everything,” he said. “Those things adults tell you to do, some certain things, and you think you know better. And I was guilty of all the same types of thoughts like that, of just thinking that I really knew what was best for my life.”

When Reid was arrested in October of his junior year of high school, he had not attended very many days of class, a trend of skipping school he had started as a sophomore.

“And I just thought I didn’t have to prove anything to anybody, like, I know this stuff,” he said. “Why do I have to prove to a teacher that I know? Just an ignorant way of thinking and really low maturity level compared to how I am now. I look back, and I just kind of shake my head a lot of the time. There’s just a lot of the stuff that I did, and on top of it, I was doing drugs and drinking. At the time, I was already binge drinking. I started drinking really bad when I was 15, and it really picked up even more when I was 16, because my grandmother passed, and I used it as basically a reason to implode. And so the combination of being immature and the drugs and drinking, I was making a lot of really poor decisions.”

At Waupun, Reid could have been a prison statistic with an attitude and gotten into drugs and gangs and trouble, but instead he decided to take a different path by learning to weld and machining and later to crochet and donate items to charities. He was transferred to New Lisbon, where he continued to work as a welder and machinist, and then five years ago, he began training dogs that assist the blind.

Zachary Reid and service dog
Zachary Reid with one of the service dogs he trained while incarcerated. | Photo courtesy Zachary Reid

“We do basically high-level obedience training, preparing the dogs to be able to go to harness school, where they learn the actual skills of working with a blind person or visually impaired person, to basically give them back their life, to be able to get them out of their house and be able not to be stuck there,” he said.

In prison, Reid said, he’s applied himself to learn new skills and gain an education.

“I have valuable skills that Wisconsin needs right now, you know, like welding and fabricating is a really in-demand training, even the machining,” he said. “Like I can run a mill, a lathe, you know, that type of stuff. I’ve gotten two vocational certificates since I’ve been here. I got an electromechanical service technician certificate. It’s also part of a pre-apprenticeship program through the Department of Workforce Development. I’m actually a certified professional dog trainer, like I got that through Chippewa Valley Technical College. I just finished my associate’s degree earlier this year, so I have an Associate of Science through Milwaukee Area Technical College.”

Reid also intends to pursue a bachelor’s degree from Marquette University in peace studies.

“I contribute to society right now in the environment I’m in, so I have no doubt that I can contribute in a meaningful way out there,” said Reid.

Since he has been in prison, Reid claims he has only received two conduct reports or complaints, one in 2010, his first year in prison, and another in 2016 for a tattoo.

Not many 33-year-old men have to wake up every day and live with the consequences of an action they took as a 16-year-old.

“Most of the time I try to just, kind of like, live in the right now,” he said. “I know it’s kind of like, you hear that phrase a lot, like live in the now type of stuff. I try to do that to the best of my ability as a coping mechanism, because, dwelling, obviously, on what happened and everything like that, like it was my dad, you know, so to me, I think it’s even a little bit more burdensome than for most of these people in that, I mean, my intent wasn’t to kill him. I was trying to just get him to stop attacking me in the situation we were in, and he passed away. So it’s like it’s not only just the guilt of taking a life, but it’s like I was so drug-addled or whatever it was, but it’s like I failed in that moment, like that was my failure.”

In-prison testimonies

At a future hearing to have his sentence adjusted, Reid would likely hear from others who would offer endorsements.

Patricia Muraczewski provided the dog training for the residents in New Lisbon and worked with Reid for two years. She was impressed by his work ethic and character and believes Reid should be considered for an early release.

“He was a member of the Paw Forward team of inmates who train dogs for the visually impaired,” she said.  “Mr. Reid was extremely diligent in class attendance and was very serious in acquiring and understanding the methods needed to train each dog that he was partnered with.  He had a very relaxed demeanor and got along with all of the other teams.  Even though there were frustrations at times with new instructors and conflicting material, he never expressed any anger.”

She added, “Over the course of my time in New Lisbon, never was Mr. Reid disrespectful and he never broke any rules or overstepped his position.” 

“Of all of the inmates I had worked with during that time, in my opinion, he was the inmate most likely to be successful when released and least likely to reoffend,” she said, adding,“During the four years this program has been in existence at New Lisbon none of the men that have been released have reoffended.” 

Brandon Horak knew Reid as a fellow resident at Waupun and later at New Lisbon. Horak had been sentenced to 10 years of incarceration for felony murder in the commission of an armed robbery after he set up a drug dealer for a robbery that resulted in the murder of the dealer.

“I wasn’t in a good state of mind,” he said when he first entered Waupun and met Reid.  “I had just been sentenced to 10 years in prison, so I met him in Waupun and he ended up encouraging me to get a job, so we worked in the laundry room together for a year and a half or two years. He encouraged me to get into school, and I didn’t want to do any of this stuff, so he was a really big influence on my life.”

Waupun prison
The Waupun Correctional Institution, the oldest prison in Wisconsin built in the 1850s, sits in the middle of a residential neighborhood (Photo | Wisconsin Examiner)

Both Reid and Horak left Waupun and then later met up again in New Lisbon, where Reid had begun training dogs, and Horak said he noticed that Reid had lost a defensive, protective shield that many residents carry in amaximum security prisons like Waupun.

“I asked him why he didn’t care if someone stole something from him, which is obviously a big no-no in prison, and he said the dog program had changed his life and he had something to live for,” said Horak.

Even though Horak wasn’t officially in the dog program, Reid taught Horak what he had learned, and after he left prison, Horak set up his own dog training business based on Reid’s mentoring, a business called EDU Training.

“We train dogs in people’s homes, and to be honest, it was all thanks to Zach,” he said.

Out of prison, Horak often reaches back to Reid and his cellmate for advice on working with client pets.

“I’ve never been back to jail,” Horak said “I have a full-time job. I own a business. I do all this stuff, and I honestly do not believe I would have been able to do it without his (Reid’s) help. I just talked to him last week and he always tells me, ‘You better be doing good out there.’”

In prison, Horak said, he saw many people released and then come right back. Because of that, he doesn’t automatically believe everyone deserves leniency. Still, he says, Reid isn’t one of those who should be in prison and he believes he could do more good on the outside.

Engaged to be married 

Reid and his fiancée Samantha, got to know each other as pen pals in 2013, and that developed into a relationship in 2018. In 2019, they became engaged. In 2024, she moved from Florida to Wisconsin to be closer to Reid.

“The only reason we’re not married right now is that we’re hoping to get him out one day,” said Samantha, “so we can have just a normal marriage out here, versus having a marriage done or a wedding ceremony done inside the prison.”

Samantha said she has been communicating with Reid since they were both in their early 20s, and she’s seen him mature over the years.

“But just even in the last maybe five years, it’s just blown up like he has just matured and wants to do so much good,” she said. “ … He loves that he can actually make a difference, and he’s done other charity programs that even the prison doesn’t offer. He crochets hearts for suicide prevention.”

She said it recently occurred to her how much Reid is trying to do good for others and also maintain a relationship with her from prison.

“That is work, too, to just step up and almost religiously call somebody regularly, and never let me down, and to take care of me with all this distance,” she said.

If the legislation is passed, Samantha says that Reid would be the “poster child for this bill.”

“It’s like he went out of his way to get welding experience,” she said. “He went out of his way to do charity work. He went out of his way to do all these wonderful things over the years. And I mean, just since I’ve known him, he’s grown and matured. He’s checking off every box he can possibly check off, and could prove that over the course of 17 years, like he is not that person [that he was at 16], and look at all these good things he is doing and all the things he could contribute to society, and right now we’re just warehousing him. We’re wasting all these taxpayer dollars housing somebody that is very clearly not a threat.”

GET THE MORNING HEADLINES.

More industries want Trump’s help hiring immigrant labor after farms get a break

Construction on a new city hall in Raleigh, N.C., was at a standstill after rumors of immigration raids spread.

Construction on a new city hall in Raleigh, N.C., was at a standstill Nov. 18 as word of immigration raids kept away most workers. Industries with large immigrant workforces, such as construction, are asking for federal relief as they combat labor shortages and raids. (Photo by Clayton Henkel/NC Newsline)

As food prices remain high, the Trump administration has made it easier for farmers to hire foreign guest workers and to pay them less. Now, other industries with large immigrant workforces also are asking for relief as they combat labor shortages and raids.

Visas for temporary foreign workers are a quick fix with bipartisan support in Congress. And Agriculture Secretary Brooke Rollins’ office told Stateline that “streamlining” visas for both agricultural and other jobs is a priority for the Trump administration.

But some experts warn that such visas can be harmful if they postpone immigration overhauls that would give immigrant workers a path to green cards and citizenship.

“Lack of permanent status is costly to migrants, employers, and the broader economy,” wrote Pia Orrenius, a labor economist at the Federal Reserve Bank of Dallas, in a report published in June. Workers are “vulnerable to policy changes triggered by a change in administration, most recently the threat of mass deportations.”

In a Nov. 25 interview with Stateline, Orrenius said the crackdown on illegal immigration could be a good thing if it leads to permanent solutions.

“If you can stop undocumented immigration, then great. This is a great time to work on comprehensive immigration reform,” Orrenius said. “Where is there a scarcity of workers and how do we address those legally instead of illegally?”

Restaurants, construction and landscaping businesses have lost a combined 315,000 immigrant workers through August this year, more than any other industries, according to a Stateline analysis of Current Population Survey data provided by the University of Minnesota at ipums.org.

The construction industry needs more foreign worker visas like those already being provided for agriculture to prevent more delays in building everything from homes to highways, business owners say.

The industry needs help to “provide lawful workers while working to prepare more Americans for permanent careers in construction,” said Jaime Andress, testifying at a congressional hearing last month on behalf of the Associated General Contractors of America trade group. About 92% of contractors with open positions are having trouble finding enough skilled labor, whether it’s for construction of buildings, highways or utility infrastructure, she testified.

There are about 145,000 fewer immigrants working in restaurants, on average, through August of this year compared with the same period in 2024, the Stateline analysis found. There are about 127,000 fewer in construction and 43,000 fewer in landscaping.

One landscaping firm, which did not agree to an interview, lost $50,000 in contracts this year when workers stopped showing up because of rumored immigration raids, said Rebecca Shi, chief executive officer of the Chicago-based American Business Immigration Coalition, which advocates for employers seeking immigration changes.

“He had 75 workers and 50 of them didn’t show up one day because there were rumors ICE was going to be in the area,” Shi said. “Many of them were citizens and legal workers, but they were worried about family members and neighbors, so they didn’t show up either. It’s bad for the economy when you lose a worker, but it’s also the fear and uncertainty. We know restaurants that have lost 50% of staff and are at risk of closing because people just aren’t showing up.”

The coalition organized a “fly-in” in October to Washington, D.C., to ask members of Congress for more help to legalize immigrant workers through work permits in hospitality, agriculture, construction, elder care, health care and manufacturing.

In a letter dated Dec. 2, thousands of businesses in all 50 states asked the administration for an additional 64,716 H-2B visas, saying they rely on them for seasonal surges in hospitality, tourism, landscaping, forestry, seafood production and other industries.

And a bipartisan group of 33 U.S. senators from 22 states signed a letter Nov. 13 by Maine Independent Sen. Angus King and South Dakota Republican Sen. Mike Rounds asking for more H-2B seasonal employment visas.

“Employers’ workforce needs cannot be met with American workers alone,” the letter said.

Construction contractors say they need visas that are similar to the H-2A visas for agriculture that the Trump administration streamlined in October to make them easier and cheaper for farmers to hire temporary foreign workers.

The Associated General Contractors of America wants visas like the proposed new H-2C visas floated by Pennsylvania Republican U.S. Rep. Lloyd Smucker. Those would allow up to 85,000 less-skilled temporary workers in construction, hospitality and other fields to stay in this country up to nine years. The bill, introduced in September, has not advanced.

The association also supports a pathway to legal status for some workers already in the country, as proposed by Florida Republican U.S. Rep. María Elvira Salazar and Texas Democratic U.S. Rep. Veronica Escobar. The bill, introduced in July, also has not advanced.

“Workforce shortages are the leading cause of construction project delays,” said Brian Turmail, a vice president at the association. “Nearly 1 out of 3 contractors have been impacted in one way or another by enhanced ICE enforcement activities. That number is almost certain to increase now that ICE has received significant boosts to its budget as part of the One Big Beautiful Bill Act.”

Workforce shortages are the leading cause of construction project delays.

– Brian Turmail, Associated General Contractors of America

Those industries are asking for more help as the latest federal immigration raids further affect workforces in Illinois, Maryland and North Carolina, with more raids planned in Louisiana. Transactional Records Access Clearinghouse, a data research organization at Syracuse University, reported a “massive redeployment of government military and civilian personnel to immigration enforcement” in recent months, with total detentions reaching more than 65,000, according to a Nov. 24 report. Nearly three-quarters of those arrested have no criminal convictions.

Construction, landscaping and other industries are already heavy users of H-2B visas for temporary non-agricultural foreign workers, according to government figures reviewed by Stateline.

In fiscal year 2025, which ended in September, there were about 209,000 H-2B visas, with Texas (20,051), Florida (18,515), North Carolina (8,634), Colorado (7,723) and Louisiana (7,234) getting the most. The most common occupations were building and grounds (94,152); food service (31,403); construction (16,729); farming, fishing and forestry (15,665); and personal care (12,170).

Some of the largest users of the visas last year were Core Tech Construction of New York City, a concrete coring and cutting firm (2,619 visas); ABC Professional Tree Services of Texas, which provides land clearance services (1,913); and Progressive Solutions LLC of Arkansas, which provides herbicide application to utilities (1,882).

The H-2B visa program needs to be streamlined and expanded to be useful for employers and workers, said David Bier, director of immigration studies at the libertarian CATO Institute, who has written about the visas.

Employers don’t always get the workers they want because the United States limits H-2B visas to 33,000 twice a year. Requests for the visas have already surpassed the 33,000 cap for the first half of fiscal 2026.

“The paperwork is a nightmare for employers and there are a lot of steps for workers also,” said Bier. “And there are so few visas available that your chance of getting all you need is almost nil.”

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Bill to allow police to down drones spurs questions from lawmakers

A drone watching a protest. (Photo by Isiah Holmes/Wisconsin Examiner)

A drone watching a protest. (Photo by Isiah Holmes/Wisconsin Examiner)

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.

“It is a unique bill that has a lot of emotion and nuances to it,” said Rep. Chuck Wichgers (R-Muskego), describing a bill to give local law enforcement the power to disable or destroy drones. Speaking to the Assembly Committee on Criminal Justice and Public Safety on Wednesday, Wichgers said that the bill would give “the bare minimum protection” for both the public and police as global drone technology continues to rapidly evolve.

Although current state law prohibits the use of weaponized drones, the devices are not actually defined in statute. Wichgers’ bill would define a weaponized drone as one which “is equipped with a taster, firearm, flamethrower, chemical, or explosive device.” 

Wichgers cautioned that “we can easily complicate this bill,” especially given the growth of drone technology around the world. Over the last two decades, drones have gone from being scarcely heard of outside military settings to becoming household objects. The U.S. military’s infamous Reaper and Predator drones, some of which are the size of small planes, have long been used in combat for reconnaissance and lethal strikes. Today, however, the same small and cheap quad-copter drones used by photographers, landscapers and children are being outfitted with explosives for kamikaze-style attacks on armored vehicles on Russian and Ukrainian battlefields, where an estimated 70-80% of casualties are caused by drones.

“It’s beyond fascinating,” Wichgers  said of “this is a big and global issue.” Wichgers told committee members that “we need to start getting language in statute,” since only certain federal agencies currently have the authority to down weaponized drones. “This bill allows Wisconsin law enforcement to mitigate a threat posed by a weaponized drone by detecting, tracking and identifying the drone and then intercepting, disabling, or in a worst case scenario, destroying the drone.” 

In order to protect public safety,  Wichgers said  that “these powers should be extended to local law enforcement.” He added that the federal government provides grants to help mitigate drone threats, as well as $500 million set aside for fiscal year 2026-27, as part of the Trump administration’s “One Big Beautiful Bill Act.” “The difficulty is that law enforcement should not have to waiver if there is an immediate threat for a drone that is weaponized or carrying a load that is harmful to the public,” said Wichgers. “Our airspace needs to be safe, just like we’re safe on our roads.” 

A quickly moving goalpost 

The bill was requested by the Police Chief Association of Waukesha County, Wichgers said. “State law must be enacted that is responsive to current and future needs as best as we can determine them in order to prevent harm and protect our communities,” he added. 

Committee members chimed in with a variety of questions. Rep. Shae Sortwell (R-Two Rivers) joked about farmers using weaponized drones to eliminate sandhill cranes consuming crops. Wichgers brought up  his own examples, including nervous neighbors calling the police to check out roofers who might be using drones for survey work, or a drone being used at a concert to drop fentanyl on people who then overdose in the crowd. “Right now the police would say, ‘Sorry, the Wisconsin Legislature is dragging their feet on passing a law that gives me permission to disarm that drone that’s a threat, we’ll have to wait till next session,” said Wichgers. 

Dan Thompson, chief of the Waukesha Police Department, told the committee,  that “drones carry contraband, surveillance equipment or worse, weaponized payloads” and that the technology can “present a unique danger that demands an immediate intervention.” 

The chief’s comments prompted Rep. David Steffen (R-Howard) to seek clarification that under the proposed bill a drone does not, in fact, need to be weaponized, and that law enforcement only need to “reasonably suspect” that it could pose a public safety threat in order to shoot it down. Sortwell said that the bill’s language seemed broad. 

Sortwell questioned whether as the bill is written, shooting down a drone could be justified at any time. Legislative counsel said, “I don’t know that I can really answer that.” Sortwell shot back, “The fact that you can’t say ‘no’ is troubling.”

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Gov. Tony Evers appoints John Miller to lead Wisconsin Economic Development Corporation

Gov. Tony Evers appointed John W. Miller, a venture capitalist, to serve as the next secretary and CEO of the Wisconsin Economic Development Corporation. (Photo courtesy Evers' office)

Gov. Tony Evers appointed John W. Miller, a venture capitalist who previously served on the University of Wisconsin System Board of Regents, to serve as the next secretary and CEO of the Wisconsin Economic Development Corporation.

Miller will fill the spot left vacant by Missy Hughes, who had served in the position since 2019 but stepped down from it in September just ahead of launching her campaign for governor. She joined a crowded field of candidates seeking Democratic nomination in 2026.

Evers said in a statement that Miller has a “proven track record of helping spearhead business growth and success in Wisconsin and around the Midwest, which makes him uniquely qualified to lead the exceptional team at WEDC.” 

“Under my administration, WEDC has entered a new era, focused on helping build an economy that works for everyone from the ground up. From investing in our workforce and higher education to bolstering entrepreneurs and budding businesses to leveraging public and private partnerships, John understands what it takes to build the 21st-century economy Wisconsinites need and deserve, and I have no doubt that his leadership will help us continue our work toward a stronger future for our state and communities across Wisconsin,” Evers said. 

Miller, who currently lives in Fox Point with his family, started his career as a congressional staffer for former U.S. Rep. Jerry Kleczka, a Democrat who represented Wisconsin’s 4th Congressional District (now represented by U.S. Rep. Gwen Moore). He went on to attend the University of Wisconsin Law School, graduating in 2006.

Miller then worked at Miller-St. Nazianz Inc., his family’s agricultural equipment manufacturing business, including as president and CEO for several years. He founded a venture capital fund called Arenberg Holdings LLC. in 2015 in Milwaukee; the firm works to mentor and invest in early-stage companies in the Midwest. 

Miller said in a statement that he is “honored” that Evers selected him for the position.

“WEDC celebrated a record year of investments in 2025, and I have every intention of using my experience in the business community to continue that success into 2026 and beyond,” Miller said. 

Evers previously appointed Miller to serve on the UW Board of Regents in 2021, though the state Senate fired him from the position in 2024 after he rejected a deal reached between Republican lawmakers and the UW System that traded concessions on diversity, equity and inclusion (DEI) for funding for employee raises and capital projects.

Miller was also previously appointed to and served on the Library of Congress Trust Fund Board of Directors under President Barack Obama and on the United States Trade Representative Advisory Committee for Trade Policy and Negotiations under President Joe Biden. 

His appointment takes effect Dec. 15.

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High tensions around law enforcement, ICE tactics on display in heated US House hearing

Federal agents, including members of the Department of Homeland Security, the Border Patrol, and police, attempt to keep protesters back outside a downtown U.S. Immigration and Customs Enforcement facility on Oct. 4, 2025 in Portland, Oregon. (Photo by Spencer Platt/Getty Images)

Federal agents, including members of the Department of Homeland Security, the Border Patrol, and police, attempt to keep protesters back outside a downtown U.S. Immigration and Customs Enforcement facility on Oct. 4, 2025 in Portland, Oregon. (Photo by Spencer Platt/Getty Images)

Members of the U.S. House Homeland Security Committee decried violence against law enforcement, but seemed to make little headway in identifying how to address the issue during a Wednesday hearing that often saw each party harshly blame the other.

Chairman Andrew Garbarino of New York, at his first hearing since taking over as for the retired Mark Green of Tennessee, sought to strike an even tone in an opening statement, condemning violence against police while noting that officers have a responsibility to maintain the public’s trust.

“Law enforcement personnel are public servants, not public figures. They stepped forward to safeguard our nation and uphold the laws enacted by this body,” Garbarino said. “But that alone does not absolve them from facing any form of accountability. Public trust and public safety go hand in hand.” 

Other members of the panel, though, were less even-handed, with Democrats strongly criticizing some tactics used by federal law enforcement officers under President Donald Trump and Republicans denouncing such criticism as fueling violence against police.

Several members of the panel, of both parties, acknowledged the two West Virginia National Guard members shot in a Nov. 26 alleged ambush in Washington, D.C.

Police witnesses denounce Nazi comparisons

Witnesses from three police organizations, the Fraternal Order of Police, the National Sheriffs’ Association and the Federal Law Enforcement Officers Association, largely agreed that heightened rhetoric about law enforcement activity was a danger to their members.

“The rhetoric coming from the top, calling officers Nazis and Gestapo, it better stop right now,” Jonathan Thompson, the executive director of the National Sheriffs’ Association, said. 

“You are inflaming dangerous circumstances. You’re attacking people that wake up every single day and do one thing: they put on their uniforms, they put on their star and… enforce the laws of this country.”

Daniel Hodges, a D.C. Metropolitan Police officer who responded to the Jan. 6, 2021, attack and who Democrats invited to testify to the panel as a private citizen Wednesday, said protocol of federal officers under Trump invited the comparison.

“There is a semi-secret police force abducting people based on the color of their skin and sending many of them via state-sponsored human trafficking to extraterritorial concentration camps,” he said. 

“Before we go around the room clutching our pearls, wondering how people could possibly compare law enforcement in this country to the Gestapo, maybe we should take a moment and ask ourselves if there isn’t some recent behavior on the government’s part that could encourage such juxtaposition,” Hodges said.

Patrick Yoes, the national president of the Fraternal Order of Police, said violence against officers was a nonpartisan issue.

“My members are both Democrat and Republican,” he said. “And we’re all having the same problem.”

ICE under microscope

Several Democrats said the tactics used by officers of Immigration and Customs Enforcement and its parent agency, the Department of Homeland Security, undermined their law enforcement mission and endangered them, while Republicans blamed that rhetoric for making police targets.

New York Democrat Daniel Goldman, a former federal prosecutor, objected to Thompson’s testimony that police officers “put on their uniforms.”

“The problem is that’s not the case,” Goldman said. “They don’t put on a uniform, they don’t wear identification, and they go out with masks on to — violently in many cases — arrest unsuspecting immigrants, non-violent, many of whom are actually here legally.”

Goldman said as a federal prosecutor he worked with DHS officers “who represented the very, very best of our country.” But under Trump, the department’s behavior had grown irresponsible, he said.

Illinois Democrat Delia Ramirez went further, calling DHS “the single biggest threat to public safety right now.”

“They use anonymity to terrorize our communities and to violate our rights,” she said. “They reject accountability. They disregard court orders and they violate consent decrees. Bottom line: DHS agents lie. They act with impunity. They reject checks and balances, and they ignore Congress and the courts.”

GOP defends DHS

Republicans on the panel deflected blame from DHS and drew a direct line from the rhetoric of some Democrats opposed to ICE’s tactics to physical attacks on law enforcement.

Tennessee Republican Andy Ogles said Ramirez’s comment “pisses me off” and characterized DHS agents as carrying out the rule of law.

“This is about the rhetoric against law enforcement, violence against law enforcement,” Ogles said. “This isn’t about ICE. This isn’t about deportations, or the (Homeland Security) secretary doing her job, securing the border and deporting those who are here illegally.”

Rep. Eli Crane, an Arizona Republican, played a video showing Rep LaMonica McIver, a New Jersey Democrat who also sits on the panel, confronting ICE agents at a detention facility in her district.

“What do you think it means to people that are out there watching and listening, watching social media, watching the news, and they see a member of Congress who sits on this committee go out there and behave like that?” Crane asked the witnesses.

Thompson answered he was “appalled.”

“Quite honestly, I find it reprehensible, and it’s obviously dangerous,” he said.

McIver said she had been doing her job to provide oversight.

Jan. 6 pardons at issue

Democrats also cited Trump’s pardons of people convicted of crimes as part of the Jan. 6, 2021, attack on the U.S. Capitol as condoning violence against law enforcement.

McIver suggested committee Republicans were hypocritical in condemning some anti-police rhetoric while staying silent or praising Trump’s decision to pardon Jan.6 rioters.

“It is not Democrats who are praising, let alone pardoning, people who stormed this very Capitol complex to beat police officers and hunt down elected officials,” she said.

Lawmakers press for Epstein files briefing, as Dems release photos of his private island

Robin Galbraith, 61, of Maryland, and Donna Powell, 67, of Washington, D.C., held signs outside the U.S. Capitol on Tuesday, Nov. 18, 2025, ahead of a U.S. House vote on releasing the Epstein files. (Photo by Ashley Murray/States Newsroom)

Robin Galbraith, 61, of Maryland, and Donna Powell, 67, of Washington, D.C., held signs outside the U.S. Capitol on Tuesday, Nov. 18, 2025, ahead of a U.S. House vote on releasing the Epstein files. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — A bipartisan group of U.S. lawmakers is pressing Attorney General Pam Bondi for a briefing this week to review the contents of the Epstein files ahead of the Justice Department’s legally binding public release date later this month.

Sens. Jeff Merkley, D-Ore., Lisa Murkowski, R-Alaska, and Ben Ray Luján, D-N.M., and Reps. Thomas Massie, R-Ky., and Ro Khanna, D-Calif., sent a letter to Bondi Wednesday urging “transparency and clarity” as the department prepares to release evidence collected during the federal investigation of the sex offender. Epstein died in a Manhattan jail in 2019 awaiting trial on sex trafficking charges.

“We write as the bipartisan lead sponsors of the Epstein Files Transparency Act to express our shared interest in supporting the Department of Justice’s efforts to carry out the provisions of this critical new law,” the lawmakers wrote. 

“In light of the short 30-day deadline to release the Epstein Files, we are particularly focused on understanding the contents of any new evidence, information or procedural hurdles that could interfere with the Department’s ability (to) meet this statutory deadline.”

The U.S. House overwhelmingly approved legislation, 427-1, to compel the Justice Department to publicly release the material. The Senate agreed unanimously. President Donald Trump, after months of calling the files a “hoax,” signed the bill into law on Nov. 19, starting the clock for the Dec. 19 release deadline.

Epstein surrounded himself with influential politicians and celebrities, and had a well-documented friendship with Trump.

‘New information’ emerges

The lawmakers highlighted in the letter that the Federal Bureau of Investigation released a memo in July stating that the department would not be publicly releasing any further information or material related to the Epstein investigation as officials “did not uncover evidence that could predicate an investigation against uncharged third parties.”

But on Nov. 14, the department announced the U.S. attorney’s office in Manhattan would begin “new investigations” into any connections between Epstein and former President Bill Clinton, former Treasury Secretary Larry Summers, and prominent investor Reid Hoffman.

Bondi said Nov. 19 during a press conference that “information has come forward, new information, additional information.”

“In the interest of transparency and clarity on the steps required to faithfully implement the Epstein Files Transparency Act, we request a briefing either in a classified or unclassified setting, to discuss the full contents of this new information in your possession at your convenience, but not later than Friday, December 5th, 2025,” the lawmakers wrote to Bondi.

The law has a carve-out to exempt the release of any material that is part of an ongoing investigation.

In response to States Newsroom’s request for comment, Department of Justice spokesperson Natalie Baldassarre wrote in an email, “I can confirm receipt of the letter but will decline to comment further.”

‘Never-before-seen’ Epstein island photos 

The letter to Bondi comes as Democrats on the House Committee on Oversight and Government Reform released “never-before-seen” photos and videos of Epstein’s residence on Little Saint James, a small private island in the U.S. Virgin Islands.

The committee requested the images from the U.S. Virgin Islands Department of Justice as part of the lawmakers’ ongoing inquiry into Epstein’s activities.

A view of the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photos courtesy of Democrats on the House Committee on Oversight and Government Reform)
A view of the grounds surrounding the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photo courtesy of Democrats on the House Committee on Oversight and Government Reform)

“These new images are a disturbing look into the world of Jeffrey Epstein and his island. We are releasing these photos and videos to ensure public transparency in our investigation and to help piece together the full picture of Epstein’s horrific crimes. We won’t stop fighting until we deliver justice for the survivors,” committee ranking member Robert Garcia said in a statement.

Some of the files, released publicly in a cloud folder, contain images of furnished bedrooms, bathrooms, a room with masks on the wall and what appears to be a dental exam chair, a telephone with a list of names on speed dial, some redacted, and a chalkboard with notes, some redacted, containing what appear to be the words “power” and “deception.”

A bedroom in the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photo courtesy of Democrats on the House Committee on Oversight and Government Reform)
A bedroom in the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photo courtesy of Democrats on the House Committee on Oversight and Government Reform)

Videos reveal a large compound with an inground swimming pool and winding stone walkway toward the sea, as well as short clips of bedrooms and at least one medicine cabinet.

The Republican-led committee investigation began in August and is separate from the new law requiring the Justice Department’s disclosure of evidence. 

What appears to be dental equipment in the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photo courtesy of Democrats on the House Committee on Oversight and Government Reform)
What appears to be dental equipment in the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photo courtesy of Democrats on the House Committee on Oversight and Government Reform)

Committee Republicans did not publish a press release as of Wednesday afternoon on the Democrats’ release of the images and videos.

Last month, committee Democrats released select emails provided by Epstein’s estate. Within hours, committee Republicans released a cache of 23,000 pages of correspondence.

A bathroom in the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photo courtesy of Democrats on the House Committee on Oversight and Government Reform)
A bathroom in the late Jeffrey Epstein’s residence on a small private island in the U.S. Virgin Islands. (Photo courtesy of Democrats on the House Committee on Oversight and Government Reform)

The committee, chaired by Rep. James Comer, R-Ky., has issued several subpoenas, including one to the Department of Justice for all Epstein investigation files. Others include subpoenas to interview Epstein’s co-conspirator and convicted sex offender Ghislaine Maxwell, Clinton and former Secretary of State Hillary Clinton, and several former attorneys general.

Epstein had over 1,000 victims, according to the FBI.

Epstein, a former hedge fund manager who claimed he only managed assets for billionaires, pleaded guilty to state charges of soliciting sex from a minor and soliciting prostitution. 

He avoided a federal investigation when the then-U.S. attorney in Miami, Alex Acosta, cut the plea deal with Florida prosecutors.

Acosta would later become Trump’s Labor secretary in 2017.

US Senate panel seeks speedy bipartisan deal on health insurance subsidies

Louisiana Republican U.S. Sen. Bill Cassidy talks with reporters in the Dirksen Senate office building on Wednesday, Dec. 3, 2025. (Photo by Jennifer Shutt/States Newsroom)

Louisiana Republican U.S. Sen. Bill Cassidy talks with reporters in the Dirksen Senate office building on Wednesday, Dec. 3, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — The U.S. Senate committee that oversees health care started coalescing around an approach to lower costs for Americans during a Wednesday hearing, though several hurdles lay ahead.

Republicans and Democrats on the panel appeared to accept that enhanced tax credits for people who purchase their health insurance from the Affordable Care Act marketplace should not expire at the end of the year. Just days are left for open enrollment and premiums are expected to greatly increase. 

The bipartisan momentum among a select group of senators will need to build significantly in the days ahead if an extension of the subsidies is going to speedily garner the 60 votes needed to advance in the Senate and then move through the GOP-controlled House. 

It will also need President Donald Trump’s signature to become law, and he has so far not signaled support for an extension.

“I’m hoping that we can find a bill that can get 60 votes, that can fix the problem with the exchanges for January 1, 2026,” Health, Education, Labor and Pensions Committee Chairman Bill Cassidy, R-La., said. “It shouldn’t be a Republican solution. It shouldn’t be a Democratic solution. It should be an American solution.”

Cassidy cautioned lawmakers on the panel from pressing for “grandiose ideas,” saying Congress must “have a solution for three weeks from now.”  

A ‘political problem’ seen for the GOP

But extending the ACA marketplace subsidies, possibly with tweaks, is just a short-term solution that senators on the committee agreed will need to be followed up with an overhaul of the American health care system. 

Any efforts on larger-scale legislation will bump up against the deeply entrenched politics of the Affordable Care Act, well-funded lobbyists and next year’s midterm elections, none of which will make the process easy. 

Vermont independent Sen. Bernie Sanders, the ranking member on the panel, said he appreciated Cassidy’s “sentiment about wanting to do something quickly,” but said Republicans should have focused on the expiring ACA tax credits earlier in the year, instead of leaving it until now.  

“The reason for this hearing, to be frank, is that my Republican friends understand they’ve got a political problem,” Sanders said. “Their political problem is that all over America today, people on the Affordable Care Act are opening up packages coming from the insurance companies, and guess what? Their premiums on average are doubling and in some cases in my state are tripling or quadrupling.”

Sanders said Congress should extend the enhanced ACA marketplace tax credits for another year, or two, or three, while lawmakers sort through larger, structural issues around health care costs. 

“Yes, the current system is broken. Yes, we need to create a new system,” Sanders said. “But unfortunately, we aren’t going to do it in two weeks.”

Sanders suggested the committee hold a series of hearings in the months ahead featuring leaders from other developed countries that provide health care to all of their residents.

Extensions of tax credits debated

Maine Republican Sen. Susan Collins said “there’s a limit to what we can do in this first year” and that lawmakers are “going to need a two-year plan.”

Collins indicated that she wants to see “reasonable” income caps to limit eligibility for ACA marketplace tax credits in any short-term extension that Congress may pass. 

Washington state Democratic Sen. Patty Murray said Republicans who are serious about addressing the spike in costs for ACA marketplace enrollees should work with Democrats to pass a “clean, one-year extension” of the enhanced subsidies. 

“And if their call for reforming tax credits is serious, we should look at that. We can talk about those reforms ahead of the 2027 year,” Murray said. “But I have to say, I’m not optimistic that most Republicans are serious about this because they refused to talk about this problem before right now, and I’ve been down this road before.”

Murray also rebuked Cassidy for not focusing the committee’s attention on the expiring tax credits earlier in the year by taking a swipe at his vote to confirm Health and Human Services Secretary Robert F. Kennedy Jr.

“This is about as serious as expressing concern about RFK Jr.’s anti-vax crusade after voting to make him the most powerful public health official in the country,” Murray said.

‘Reasonable caps’ backed

Alaska Republican Sen. Lisa Murkowski said members of the committee need to focus on what the next few months and years look like for Americans’ health care costs. 

“I think we’re going to need to have a short-term extension. But I think we can put reasonable caps on. I think that we can put some of the parameters that we have been talking about. There’s no great secret sauce here to how we’re going to deal with this particular dilemma that we’re in,” Murkowski said. “But we’ve got to be looking longer term to — how do we ultimately reduce these costs of care?”

Murkowski said she was also concerned about a decrease in funding for public health and prevention initiatives, before asking the witnesses appearing before the committee what their top recommendations would be for “prevention-type programs that have the strongest evidence for reducing long-term costs.”

Joel White, president of the Council for Affordable Health Coverage in Washington, D.C., said Congress should allow “premium discounts in the individual market for wellness programs,” which he said is currently illegal.

Marcie Strouse, owner and partner at Capitol Benefits Group in Des Moines, Iowa, suggested lawmakers open up health savings accounts “to allow for more holistic and preventive services.” She also said Congress could highlight “direct primary care and making sure people are actually getting the care that they need.”

Dr. Claudia M. Fegan, national coordinator at Physicians for a National Health Program in Chicago, suggested enhanced primary care and screening people for diseases like cancer that can be easier to treat when caught early. 

Wisconsin Democratic Sen. Tammy Baldwin said the hearing clearly demonstrated that there is “underlying agreement that this system needs a lot of reform.”

But, she said, Congress needs to take a look at the entire health care system, not just the Affordable Care Act. 

“I want to make a point that just under 50% of Americans get their health insurance through employers or group insurance, 20% are on Medicaid, 15% on Medicare, 1% on TRICARE or VA, and just over 6% are in this market,” Baldwin said. “There are problems with this market. But I have to say that abandoning the ACA … is not going to solve the system as a whole.”

Ohio Republican Sen. Jon Husted appeared supportive of a short-term extension of the enhanced ACA tax credits to provide Congress more time to address larger issues with health care affordability.

“We can freeze the subsidies where they’re at right now for a temporary period of time. I don’t know if that’s one year or two years to help give some relief,” he said. “And by the way, just because we continue those tax credits does not drive down the cost. It transfers the burden to the taxpayer and future generations. But it is a little help right now that we both can agree on. And then we’ve got to fix it.” 

Husted said there are easily a dozen bills that Congress could take up individually to start bringing down health care costs. 

Hawley offers plan for health costs tax exemption

Missouri Republican Sen. Josh Hawley also appeared to side with extending the enhanced ACA marketplace tax credits in the short term.

“We are looking at a massive crisis unless Congress acts and acts soon,” Hawley said. “And my message is to the leadership of this body — to the leaders of the House, the leaders of the Senate —maybe it’s time we all locked ourselves in a room and got to a solution here.”

Halwey pitched a bill he just introduced to exempt health care from taxes. 

“If you pay premiums, you ought to be able to deduct that from your taxes. If you have out-of-pocket medical expenses, you ought to be able to deduct every dollar off of your taxes. You want to lower the cost of health care immediately. Do that. No taxes on health care for any American,” Hawley said. “And you set an upper limit so you don’t have rich people gaming the system. I get it. That’s fine. But let’s think about working people in this country who cannot afford health care.”

Hawley said it should be allowed whether an American itemizes on their taxes or not. 

All three panelists seemed initially supportive of the idea. 

Redoing tax credits in 2026

Cassidy said after the two-hour hearing he’s working to get support from lawmakers in both political parties for an integrated approach for next year.

“You could use the income that would be used to extend the subsidies, apply them to the bronze plan, because the bronze plan is so much less expensive. You could then put that balance into the health savings account,” Cassidy said, referring to coverage levels in plans on the ACA marketplace. “So it does continue the support using the existing mechanisms we have, but integrates the HSA, which gives first dollar coverage and could potentially lower the net deductible.”

Cassidy said Congress could extend the open enrollment period for the ACA marketplace and then fund the Health Savings Accounts, which are tax-advantaged savings accounts, before the end of March. 

“People would save their receipts and submit them for payment,” he said. “People do that all the time.”

U.S. House punts vote on college-athlete compensation bill

A 2019 football game between the University of South Carolina and the University of Alabama at Williams-Brice Stadium in Columbia, South Carolina. (Photo by Streeter Lecka/Getty Images)

A 2019 football game between the University of South Carolina and the University of Alabama at Williams-Brice Stadium in Columbia, South Carolina. (Photo by Streeter Lecka/Getty Images)

WASHINGTON — U.S. House GOP leadership pulled a bill from the House floor Wednesday that would set a national framework for college-athletes’ compensation. 

The Student Compensation and Opportunity through Rights and Endorsements, or ‘‘SCORE” Act, would bar student-athletes from being recognized as employees and provide broad antitrust immunity to the NCAA and college sports conferences. 

The measure was on the House schedule for Wednesday, before the office of Majority Whip Tom Emmer announced Wednesday afternoon its consideration would be postponed. The notice did not provide a reason for the cancellation, as is typical. 

The bill’s lead sponsors are GOP Rep. Gus Bilirakis of Florida and Democratic Reps. Janelle Bynum of Oregon and Shomari Figures of Alabama.

The other original co-sponsors are all Republicans: House Energy and Commerce Committee Chair Brett Guthrie of Kentucky, Education and Workforce Committee Chair Tim Walberg of Michigan, and Reps. Jim Jordan of Ohio, Lisa McClain of Michigan, Scott Fitzgerald of Wisconsin and Russell Fry of South Carolina.

Bipartisan opposition

The bill has faced widespread Democratic opposition over concerns it would roll back student-athletes’ rights and give “unchecked authority” to the NCAA while failing to protect student-athletes. 

Though the bill has garnered broad GOP support, some in the party have pushed back against it. House GOP critics include Texas’ Chip Roy, who dubbed the bill a “Band-Aid on a gunshot wound” during a House Rules Committee hearing Monday. 

Roy, along with fellow House Freedom Caucus members, Byron Donalds of Florida and Scott Perry of Pennsylvania, joined Democrats in voting against the rule governing floor debate alongside several other measures Tuesday. The rule was still adopted, 210-209. 

The bill advanced in July out of the House Energy and Commerce and Education and Workforce committees, which have jurisdiction over elements of the bill.

The college sports world has grappled with the fallout from the NCAA’s 2021 guidelines, which let student-athletes profit from their name, image and likeness, or NIL. A patchwork of NIL laws exists across states, with no federal NIL law in place. 

In June, a federal judge approved the terms of a nearly $2.8 billion antitrust settlement that paved the way for schools to directly pay athletes. 

Senate Dems’ competing bill

Meanwhile, the bill would face a tough path in the Senate, where Democrats have expressed opposition. 

Democratic Sens. Maria Cantwell of Washington state, Cory Booker of New Jersey and Richard Blumenthal of Connecticut introduced competing NIL-related legislation in September. 

Known as the Student Athlete Fairness and Enforcement Act, or “SAFE Act,” the bill “gives all athletes Name, Image and Likeness (NIL) rights, establishes uniform health and safety standards, protects scholarships and requires agents to register with a state and abide by clear contract requirements, including a 5 percent cap on fees,” according to Democrats on the Senate Commerce, Science and Transportation Committee, where Cantwell serves as ranking member. 

Justice Department sues 6 more states for voter lists

Security personnel stand watch outside the U.S. Department of Justice in Washington, D.C., in August. The Justice Department on Tuesday sued six more states for unredacted copies of their voter rolls. (Photo by Jonathan Shorman/Stateline)

Security personnel stand watch outside the U.S. Department of Justice in Washington, D.C., in August. The Justice Department on Tuesday sued six more states for unredacted copies of their voter rolls. (Photo by Jonathan Shorman/Stateline)

The U.S. Department of Justice on Tuesday expanded its legal campaign to force states to turn over voter lists containing sensitive personal information, suing six more states that have refused to provide the data.

The Justice Department has now sued officials in more than a dozen states for the voter lists, following a first round of lawsuits filed in September. The lawsuits are aimed at mostly Democratic states that won’t turn over unredacted copies of the lists, which include driver’s license and partial Social Security numbers.

For months, the Trump administration has demanded that states provide copies of their voter lists, calling the information necessary for election integrity efforts. While some states have turned over lists that withhold sensitive personal data, most have declined to offer all the information on their lists.

Democratic election officials have raised privacy concerns over how the Trump administration plans to use the data. They are especially concerned that the Justice Department will share the data with the U.S. Department of Homeland Security, which is building a powerful citizenship verification tool. The Trump administration previously confirmed to Stateline it plans to share the data.

The new wave of lawsuits target Delaware, Maryland, New Mexico, Rhode Island, Vermont and Washington, the Justice Department announced in a news release. The department has already sued California, Maine, Michigan, Minnesota, New Hampshire, New York, Oregon and Pennsylvania.

“Accurate voter rolls are the cornerstone of fair and free elections, and too many states have fallen into a pattern of noncompliance with basic voter roll maintenance,” U.S. Attorney General Pamela Bondi said in a news release on Tuesday. “The Department of Justice will continue filing proactive election integrity litigation until states comply with basic election safeguards.”

Rhode Island Secretary of State Gregg Amore in September offered the Justice Department a free copy of his state’s publicly available voter list. The information is typically provided upon request with a $25 fee, but he refused to provide confidential personal information absent legal action.

“This lawsuit, like those filed in other states, is a continuation of the current presidential administration’s unconstitutional attempts to interfere with elections processes across the country,” Amore said in a statement on Tuesday. “One of my most important responsibilities as the chief state election official is safeguarding the data privacy of Rhode Islanders, who entrust us with their personal information when they register to vote. I will continue to fight to protect it.”

Editor’s note: This story has been updated to clarify the states previously sued by the Department of Justice. Rhode Island Current reporters Nancy Lavin and Christopher Shea contributed reporting. Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Federal judge blocks sweeping immigration arrests in D.C. without warrants

U.S. Marshals and Homeland Security Investigations agents take a man into custody at the intersection of 14th and N streets NW in Washington, D.C., on Sept. 3, 2025. (Photo by Ashley Murray/States Newsroom)

U.S. Marshals and Homeland Security Investigations agents take a man into custody at the intersection of 14th and N streets NW in Washington, D.C., on Sept. 3, 2025. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — A federal judge late Tuesday barred federal agents from carrying out warrantless arrests in the District of Columbia unless they can demonstrate probable cause, after immigration advocates sued.

Under the preliminary injunction granted by U.S. District Senior Judge Beryl A. Howell, immigration agents can only arrest a person in the district without a warrant if they can establish that the individual is in the United States unlawfully and poses a flight risk before a warrant can be obtained from an authority. 

Advocates who brought the suit had said they believed Latinos were being targeted for arrests in the district, even those with legal status.

“Consequently, viewing all immigrants potentially subject to removal as criminals is, as a legal matter, plain wrong,” wrote Howell, who was nominated by former President Barack Obama.

Howell noted Trump administration officials’ public comments on the need to meet immigration arrest quotas, rather than focusing on targeted enforcement and probable cause.

“Here, ‘the record’ as a whole ‘leaves no doubt’ that defendants in practice have consummated a decisionmaking process that resulted in the implementation of a new policy of conducting warrantless civil immigration arrests based on a lower standard than probable cause,” according to Howell’s order.

National Guard presence

The suit stems from President Donald Trump’s August emergency declaration in the district that flooded the 68-square-mile capital with federal law enforcement and National Guard troops. 

As a result, there has been an uptick in aggressive immigration enforcement by federal officers, both in plain clothes and masked, in neighborhoods with high immigrant populations.

The four individual plaintiffs in the case are all immigrants with some form of legal status, such as a pending asylum case or temporary protections. But all were arrested and detained by federal officers, sometimes for days. 

In statements to the court, they described feeling like they were being kidnapped and argued they were targeted because of their ethnicity. They said they feared they will continue to be targeted because they are Latino.

The legal organizations representing the plaintiffs pushed for two class certifications, which means others who were affected would be represented in the suit. 

Howell said in her order that she would make a determination on those two class certifications at a later time. 

ACLU, others praise preliminary injunction

Legal groups representing the plaintiffs celebrated the preliminary injunction.

“Despite the Trump administration’s attempts at fear and intimidation, everyone in D.C. has rights, regardless of who they are and their immigration status; and all federal agents are required by law to respect these rights,” according to a joint statement from the legal groups who brought the suit against the federal government. 

Those legal groups included the American Civil Liberties Union of the District of Columbia; the American Civil Liberties Union; Amica Center for Immigrant Rights; CASA; National Immigration Project; the Washington Lawyers’ Committee for Civil Rights and Urban Affairs; and the law firm of Covington & Burling LLP.  

 

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