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Trump’s proof of citizenship elections order blocked for now in federal court

A voter shows identification to an election judge. (Photo by Jeff Swensen/Getty Images)

A voter shows identification to an election judge. (Photo by Jeff Swensen/Getty Images)

WASHINGTON — A Massachusetts federal judge on Friday blocked President Donald Trump’s executive order requiring states to mandate voters in federal elections provide documents proving their citizenship, ruling the measure would cause a significant burden to states and potentially harm voters.

U.S. District Judge Denise J. Casper issued a preliminary injunction stopping the order from going into effect while the case is pending.

“There is no dispute (nor could there be) that U.S. citizenship is required to vote in federal elections and the federal voter registration forms require attestation of citizenship,” Casper wrote in her order.

“The issue here is whether the President can require documentary proof of citizenship where the authority for election requirements is in the hands of Congress, its statutes … do not require it, and the statutorily created (Election Assistance Commission) is required to go through a notice and comment period and consult with the States before implementing any changes to the federal forms for voter registration,” Casper, who was appointed by former President Barack Obama, continued.

Democratic attorneys general in 19 states brought the suit in U.S. District Court for the District of Massachusetts after the president signed the order in March.

The order directed the federal Election Assistance Commission, which distributes grants to states, within 30 days to start requiring people registering to vote to provide proof of citizenship, such as a passport or state-issued identification that indicates citizenship.

Harm to voters

In her decision to grant the preliminary injunction, Casper said the states had shown that without a pause on the executive order, “citizens will be disenfranchised.”

“The States have also credibly attested that the challenged requirements could create chaos and confusion that could result in voters losing trust in the election process,” she said.

The executive order posed risks of irreparable harm to states “for at least three reasons,” Casper wrote.

She noted the cost and resources to implement the executive order, the federal funding states are at risk of losing if they do not comply with the order and discouraging voter participation.

Chilling voter participation is “the antithesis of Congress’s purpose in enacting the (The Uniform Overseas Citizens Absentee Voting Act) and the (National Voter Registration Act),” she wrote.

The order also would prohibit the counting of absentee or mail-in ballots that are received after Election Day. States set their own rules for ballot counting and many allow those that arrive after Election Day but postmarked before.

The states that brought the challenge to the executive order are: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont and Wisconsin.

Crackdown on immigrants

The executive order that Trump signed in March was a culmination of his rhetoric on the campaign trail about people without U.S. citizenship voting in federal elections and his vow to crackdown on immigration and carry out mass deportations.

Republicans have sought to use the rare examples of people without citizenship voting in federal elections, and local governments that allow immigrants to vote in local elections, to tighten restrictions on voter registration.

U.S. House Republicans in April passed a bill to codify the executive order.

The Heritage Foundation, a conservative think tank, conducted an analysis of election conduct from 2003 to 2023 and found 29 instances of noncitizens voting, just more than one per year.

‘Sanctuary city’ governors object to Trump deployment of troops into Los Angeles

Left to right, Minnesota Gov. Tim Walz, Illinois Gov. J.B. Pritzker and New York Gov. Kathy Hochul are sworn in before the start of a hearing with the House Oversight and Government Reform Committee at the U.S. Capitol on June 12, 2025 in Washington, D.C.  (Photo by Anna Moneymaker/Getty Images)

Left to right, Minnesota Gov. Tim Walz, Illinois Gov. J.B. Pritzker and New York Gov. Kathy Hochul are sworn in before the start of a hearing with the House Oversight and Government Reform Committee at the U.S. Capitol on June 12, 2025 in Washington, D.C.  (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — Three Democratic governors from states that leave immigration enforcement to the federal government said Thursday they oppose President Donald Trump’s decision to send more than 4,000 National Guard troops and 700 Marines into Los Angeles without the consent of California Gov. Gavin Newsom.

The lengthy and tense U.S. House hearing where the trio appeared — highlighted by a shouting match among members and accusations of Nazi tactics — came as the nation’s capital prepared for a major military parade and Trump’s birthday Saturday, along with thousands of “No Kings” protests across the country.

In Los Angeles, a U.S. senator was tackled and removed from an immigration press conference by federal law enforcement agents accompanying Homeland Security Secretary Kristi Noem.

The governors, whose states have submitted an amicus brief to a lawsuit by Newsom challenging Trump, said the decisions to bring in the military should be made by local officials.

“It’s wrong to deploy the National Guard and active-duty Marines into an American city over the objection of local law enforcement, just to inflame a situation and create a crisis, just as it’s wrong to tear children away from their homes and their mothers and fathers, who have spent decades living and working in our communities, raising their families,” Democratic Gov. J.B. Pritzker of Illinois told members of the House Oversight and Government Reform committee.

The hearing with Govs. Pritzker, Tim Walz of Minnesota and Kathy Hochul of New York marked the second time House Republicans have called in leaders in blue states that have policies of non-cooperation with federal immigration officials in enforcement efforts. Those policies do not bar immigration enforcement from occurring.

Republicans brought in the mayors of Boston, Chicago and Denver in March.

The eight-hour hearing came after multi-day protests in Los Angeles sparked when U.S. Immigration and Customs Enforcement officers began widespread immigration raids at Home Depots in their communities in an effort to carry out the president’s mass deportation efforts.

The governors stressed that the president’s decision to send in the National Guard set a dangerous precedent and posed a threat to democracy.

Republicans on the committee defended the president’s actions and instead accused the governors of violating federal law because of their state policies, dubbed as “sanctuary cities.” Immigration policy is handled by the federal government and states and localities are not required to coordinate with officials.

Shouting match over Noem

More than four hours into the hearing, video circulated of California Democratic Sen. Alex Padilla being forcibly removed and handcuffed by Secret Service agents while trying to ask a question of Noem during a press conference in LA.

Democrats on the panel, such as Arizona Democratic Rep. Yassamin Ansari, slammed the video and raised concerns that a “sitting senator was shoved to the ground.”

It led to a shouting match, with Florida Democratic Rep. Maxwell Alejandro Frost asking the chair of the panel, James Comer of Kentucky, if the committee would subpoena Noem.

Comer said Frost was out of order and tried to move on.

Georgia Rep. Marjorie Taylor Greene, who was next in line for questioning, heckled Frost and said that Democrats “can’t follow the rules.” Comer eventually told Frost to “shut up.”

Pritzker said that he could not “believe the disrespect that was shown to a United States senator” who was trying to ask Noem a question.

“That seems completely irrational,” Pritzker said.

Democrats on the panel such as Illinois Rep. Delia Ramirez and Dan Goldman of New York called for Noem to appear before the committee.

“Anyone with two eyes that can see, can see that was authoritarian, lawless behavior that no person in America, much less a senator conducting congressional oversight, should receive,” Goldman said.

‘People are living in fear’

The Democratic governors defended their immigration policies and criticized the Trump administration’s aggressive immigration crackdown, pointing to ICE officers wearing face coverings to arrest immigrants.

“People are living in fear in the shadows,” Hochul said. “People can’t go to school, they can’t worship, they can’t go get health care. They can’t go to their senior center. What is happening has been traumatic.”

Several Republicans including Reps. Comer, Tom Emmer of Minnesota and Scott Perry of Pennsylvania, took issue with comments by Walz at a commencement speech in May, in which he accused the president of turning ICE agents into a modern-day Gestapo, the official secret police of Nazi Germany.

Republican Rep. Eric Burlison of Missouri said that Walz should apologize.

Walz said that as a former history teacher, he was making an observation about ICE tactics — such as wearing a face covering to arrest people — that were similar to those used by secret police.

The top Democrat on the panel, Stephen Lynch of Massachusetts, defended Walz’s statement, and said that ICE is operating like a modern-day Gestapo.

Lynch pointed to the video of the international Tufts University student who was approached by masked men on the street and taken into a van for writing an op-ed in defense of Palestinian human rights.  

“ICE agents wearing masks and hoodies detained Rümeysa Öztürk and those of you who watched that, that abduction, when you compare the old films of the Gestapo grabbing people off the streets of Poland, and you compare them to those nondescript thugs who grabbed that student, that graduate student, it does look like a Gestapo operation,” Lynch said.

 

Democratic U.S. Sen. Alex Padilla of California cuffed, shoved out of Noem press event

Senator Alex Padilla, D-Calif.,  speaks at a Biden-Harris campaign and DNC press conference on July 18, 2024 in Milwaukee, Wisconsin. (Photo by Jim Vondruska/Getty Images)

Senator Alex Padilla, D-Calif.,  speaks at a Biden-Harris campaign and DNC press conference on July 18, 2024 in Milwaukee, Wisconsin. (Photo by Jim Vondruska/Getty Images)

Federal law enforcement officials forcibly removed and handcuffed U.S. Sen. Alex Padilla at a Thursday press conference in Los Angeles by Homeland Security Secretary Kristi Noem amid multi-day protests against the Trump administration’s immigration crackdown.

The scuffle between law enforcement, including an officer wearing a jacket with an FBI logo, and a United States senator represented a stark escalation of tensions after President Donald Trump ordered 4,000 National Guard troops and 700 Marines to LA. His action followed major protests sparked by U.S. Immigration and Customs Enforcement officials ramping up immigration raids.

Before Padilla was physically removed, Noem said that the Trump administration would continue its immigration enforcement in LA.

“We are not going away,” Noem, the former governor of South Dakota, said. “We are staying here to liberate the city from the socialists and the burdensome leadership that this governor and that this mayor have placed on this country and what they have tried to insert into the city.”

Padilla, 52, a member of the Senate since 2021, when he was appointed to replace former Vice President Kamala Harris, and then elected in 2022, tried to ask Noem a question and was rushed by federal law enforcement.

“I’m Sen. Alex Padilla and I have questions for the secretary,” he said as four federal law enforcement officers grabbed him and shoved him to the ground. “Hands off.”

The DHS wrote on social media that U.S. Secret Service officers thought “he was an attacker and officers acted appropriately.”

DHS said that after the press conference, Noem and Padilla had a 15-minute meeting. His office did not respond to States Newsroom’s request for comment.

In a statement, Padilla’s office said the California senator was in LA for congressional oversight into the federal government’s operations in LA and across California.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” his office said, referring to General Gregory M. Guillot, commander of United States Northern Command.

“He tried to ask the Secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

The incident drew swift condemnation from the Congressional Hispanic Caucus and Senate Democratic Leader Chuck Schumer of New York.

“Watching this video sickened my stomach, the manhandling of a United States Senator, Senator Padilla,” Schumer wrote on social media. “We need immediate answers to what the hell went on.”

On the Senate floor, Schumer said the video of Padilla “reeks of totalitarianism.”

He called for a full investigation so that “this doesn’t happen again.”

Padilla gave remarks after the incident, with The Associated Press. He did not take questions. 

“If this is how this administration responds to a senator with a question, if this is how the Department of Homeland Security responds to a senator with a question, you can only imagine what they’re doing to farmworkers, to cooks, to day laborers out in the Los Angeles community,” Padilla said. 

Amid LA protests, senators raise questions about safety at Olympics, World Cup

U.S. Sen. James Lankford, an Oklahoma Republican, speaks to reporters on Feb. 6, 2024. (Photo by Jennifer Shutt/States Newsroom)

U.S. Sen. James Lankford, an Oklahoma Republican, speaks to reporters on Feb. 6, 2024. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — Members of a Senate Homeland and Governmental Affairs Committee panel Tuesday probed witnesses about how the federal government can ensure public safety at major international sporting events such as the Olympics and World Cup.

The hearing came at the same time as protests in Los Angeles over the administration’s immigration crackdown and shortly after President Donald Trump announced his travel ban.

While athletes, coaches and other staff are exempt from the travel ban, it’s unclear how fans wanting to support their home countries will fare.

Nationals from 12 countries face travel bans – Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen. Iran is the only country from that list to qualify in the  World Cup this year.

Citizens from seven countries have partial restrictions –  Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.

Senators, like the head of the panel, James Lankford, were concerned about visa wait times for international visitors wanting to attend the World Cup, which starts Thursday in Miami, Florida.

“While I’m confident there has been a lot of preparation, I am concerned we are getting a late start,” the Oklahoma Republican said.

Senators on the Border Management, Federal Workforce and Regulatory Affairs Subcommittee also raised concerns about drones and said local and federal partnerships can help in hosting sporting events to avoid terrorism threats, such as the New Year’s Day attack on Bourbon Street in New Orleans, Louisiana.

One of the witnesses, Gina Ligon, leads the Department of Homeland Security’s Academic Center of Excellence for Counterterrorism Research at the University of Nebraska. She said the attacker in New Orleans used artificial intelligence through Meta smart glasses to scope out the location before the attack that killed 14 people and injured dozens.

“The threats we observed in the New Orleans attack remain a very real concern that needs significant planning and resourcing given the spread of crowds before, during, and after these events,” she said.

Pennsylvania Sen. John Fetterman, the top Democrat on the panel, said hosting international sporting events is “an incredible opportunity to show the best of America to visitors.”

Los Angeles and the Olympics

Two GOP senators, Ashley Moody of Florida and Bernie Moreno of Ohio, questioned how LA would be capable of handling the Olympics in 2028, given the ongoing protests sparked after federal immigration officials raided several Home Depots across Los Angeles looking for people in the country without legal authorization.

In response, Trump has deployed 4,000 National Guard troops – without California Gov. Gavin Newsom’s authority – and 700 Marines to LA.

One of the witnesses, CEO of the LA28 Olympic and Paralympic Games Reynold Hoover, said local and state officials in California were capable of handling the Olympics and working with the federal government for security measures.

“There’s no place in the world like LA to host the world’s largest Olympics ever,” Hoover said. “I am confident, come July 14 of 2028, when we do the opening ceremony in the Coliseum and the stadium in Inglewood, the world will be watching and see America at its best.”

Hoover said that hosting the Olympics will be the equivalent of holding seven Superbowls for 30 days straight with more than 11,000 Olympic athletes and more than 4,400 paralympic athletes. 

Drones and the Olympics

Democratic Sens. Maggie Hassan of New Hampshire and Fetterman raised concerns about drones getting too close to sporting events.

Hassan said while the federal government has taken steps to address private drones, she asked Hoover how he was preparing to address any drone issues for the 2028 Olympics.

Hoover said that “tools to include counter (unmanned aircraft systems) drone technology remain key priorities for our ongoing collaboration with our federal, state and local partners.” He added that coordinating with the Secret Service has been helpful in dealing with unmanned drones.

Ligon said she has seen drones being used near global sporting events.

“Malign actors can now more easily acquire, build, or customize drones at lower costs, with extended ranges, higher speeds, and greater payload capacities,” she said. 

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

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

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

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

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

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

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

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

His attorneys have disputed those charges.

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

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

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

Deported to CECOT

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

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

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

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

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

‘Determined stalling campaign’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Outcry over due process

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

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

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

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

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

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

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

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

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

William J. Ford contributed to this report.

U.S. Senate GOP will try to drag Trump’s mega-bill across the finish line

U.S. Senate Majority Leader Sen. John Thune, R-S.D., left, listens as Sen. Mike Crapo, R-Idaho, center, speaks to reporters outside of the West Wing of the White House on June4, 2025 in Washington, D.C.  (Photo by Anna Moneymaker/Getty Images)

U.S. Senate Majority Leader Sen. John Thune, R-S.D., left, listens as Sen. Mike Crapo, R-Idaho, center, speaks to reporters outside of the West Wing of the White House on June4, 2025 in Washington, D.C.  (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — U.S. Senate Republican Leader John Thune will spend a crucial next few weeks working behind the scenes with other top GOP senators to reshape the party’s “big beautiful bill” — a balancing test accompanied in recent days by incendiary exchanges between President Donald Trump and billionaire Elon Musk over whether the current proposals are so bad that Congress should just go back to the drawing board.

South Dakota’s Thune will need to gain support from deficit hawks, who want to see the mega-bill cut at least $2 trillion in spending, and moderates, who are closely monitoring how less federal funding for safety net programs like Medicaid and food assistance could harm their constituents and home-state institutions like rural hospitals.

Interviews by States Newsroom with Republican senators in early June showed many major elements of the package could change, including provisions that would put states on the hook for unanticipated costs. Arkansas Sen. John Boozman, for example, indicated the Senate may rewrite a proposal in the House-passed bill that would shift some of the cost of the Supplemental Nutrition Assistance Program, which provides food aid to low-income people, to state governments.

“We can do whatever we want to do,” the Agriculture, Nutrition and Forestry Committee chairman said when asked by States Newsroom about amending that policy.

The final deal — intended to extend the 2017 tax cuts — cannot lose more than three GOP senators and still make it back across the Capitol to the House for final approval, since all Democrats are expected to oppose the bill. Thune only needs a majority vote in the Senate for the special process being used by Republicans.

Internal debates about just how to rework the Trump-backed tax and spending cuts measure began in the first week of June during meetings on Capitol Hill and at the White House, as GOP senators began critiquing the House-passed package line-by-line to ensure it complies with their strict rules for the complex reconciliation process and their policy goals.

Republicans said during interviews that several provisions in the House version likely won’t comply with the chamber’s Byrd rule, which could force lawmakers to toss out some provisions.

Complicating all of it was the very public back-and-forth between not just Trump but GOP leaders and former White House adviser Musk over the bill, which Musk on social media labeled “a disgusting abomination” and a “big, ugly spending bill” for its effect on the deficit and debt limit. “KILL the BILL,” Musk said on X, the platform he owns. Senate leaders so far have dismissed Musk’s criticisms.

Fragile House coalition

The talks, and whatever the legislation looks like after a marathon amendment voting session expected in late June, have already raised deep concerns among House GOP lawmakers, who will have to vote on the bill again in order to send it to Trump.

The extremely narrow majorities mean House Republican leaders cannot lose more than four of their own members if all the lawmakers in that chamber vote on the party-line bill.

Any changes the Senate makes could unbalance the fragile coalition of votes Speaker Mike Johnson, R-La., cobbled together last month for a 215-214 vote. But GOP senators are adamant they will amend the legislation.

Complicating matters is a new report from the nonpartisan Congressional Budget Office that shows the proposed changes to tax law, Medicaid, the Supplemental Nutrition Assistance Program and higher education aid wouldn’t actually help to reduce deficits during the next decade but raise them by more than $2.4 trillion.

The numbers are the exact opposite for what Republicans hoped their sweeping tax and spending cuts package would accomplish.

Scrutiny begins

The first stop for the House-passed reconciliation package in the Senate appears to be the parliamentarian’s office, where staff have begun evaluating whether each provision in the current version of the bill complies with the upper chamber’s strict rules.

Boozman said staff on his panel have already begun meeting with the parliamentarian to go over the House provisions within its jurisdiction.

He expects that section of the package will have to change to comply with the strict rules that govern the reconciliation process in the Senate and to better fit that chamber’s policy goals.

“We can’t really decide exactly what we want to use in the House version until we know what’s eligible,” Boozman said. “We’ve got some other ideas too that we asked them about. But we need to know, of the ideas that we have, what would be viable options as far as being Byrd eligible.”

The Byrd rule, which is actually a law, requires reconciliation bills to address federal revenue, spending, or the debt limit. This generally bars lawmakers from using the special budget process to change policies that don’t have a significant impact on those three areas.

Alabama Sen. Tommy Tuberville, who is campaigning to become his home state’s next governor, said pushing some of the cost of the nutrition program to states may be problematic.

“We’re trying to send more costs to the states. Most states can’t afford that, so we want to take care of people, but we need people to go back to work,” Tuberville said. “It’s not a forever entitlement. It’s for part-time, you know, take care of yourself until you get a job, go back to work and let people that need it really, really get it.”

Rural hospitals on edge

Senate GOP leaders will have to navigate how best to reduce federal spending on Medicaid, the state-federal health program for lower-income people and some with disabilities, that is relied on by tens of millions of Americans, many of whom are loyal Republican voters.

The nonpartisan Congressional Budget Office projects that 7.8 million people would lose access to Medicaid during the next decade if the House’s policy changes are implemented as written.

There are also concerns among GOP lawmakers about how losing the revenue that comes with treating Medicaid patients would impact rural health care access and hospitals.

Missouri Sen. Josh Hawley said under no circumstances would he vote for a bill that cuts benefits to Medicaid recipients and is worried about how provisions in the House package would affect rural hospitals.

“They’re very concerned about it, rightly so,” Hawley said, referring to conversations he’s had with health care systems in his home state.

“This is something that we need to work on. I don’t know why we would penalize rural hospitals,” he added. “If you want to reduce health care spending, then cap the price of prescription drugs. I mean, that’s the way to do it. If you want to get major savings in the health care sector, don’t close rural hospitals, don’t take away benefits from working people. Cap the costs, cap the price that (the Centers for Medicare & Medicaid Services) is going to pay for prescription drugs.”

West Virginia Sen. Shelley Moore Capito said she’s not yet come to a decision about whether to keep, amend, or completely scrap some of the House changes to Medicaid.

“I talked to a lot of our hospitals when I was home to see what the impacts would be, because we have a very high Medicaid population,” Capito said. “I want to see it work and be preserved, but I want it to be there for future generations. And it’s just getting way out of control on the spend side. So right now, we’re looking at everything.”

Louisiana Sen. Bill Cassidy — chairman of the Health, Education, Labor and Pensions Committee — said he doesn’t expect all of the health care provisions in the House bill make it through the “Byrd bath” with the parliamentarian. But he declined to go into detail.

“Some of it is more regulatory, that’s all I can say,” Cassidy said.

West Virginia’s Sen. Jim Justice said he is in favor of requiring some Medicaid enrollees to work, participate in community service, or attend an educational program at least 80 hours a month to stay on the program, a sentiment shared by many of his GOP colleagues.

“I’m good with every bit of that,” he said. 

But Justice expects the Senate will make its own changes to the package and that it will be “proud of their own pond.”

“Any frog that’s not proud of your own pond’s not much of a frog,” Justice said.

He did not go into detail on what those changes would entail.

SALT shakers

The state and local tax deduction, or SALT, represents another tightrope  for Thune, who is no fan of the changes made in the House. But he has said repeatedly this week he understands altering that language too much could mean a Senate-amended version of the bill never makes it back through the House to actually become law.

Thune said outside the White House following a June 4 meeting with Trump and others that there will very likely be changes to SALT.

“There isn’t a single Republican senator who cares much about the SALT issue,” Thune said. “It’s just not an issue that plays.” States that are most affected generally don’t elect Republicans to the Senate.

The House tax-writing panel originally proposed raising the SALT cap from $10,000 to $30,000, but Johnson had to raise that to $40,000 in order to secure votes from House Republicans who represent higher tax states like California, New Jersey and New York. The revised cap would benefit more high-income taxpayers in their states.

“In 2017, that was one of the best reforms we had in the bill,” Thune said. “But we understand it’s about 51 and 218. So we will work with our House counterparts and with the White House to try to get that issue in a place where we can deliver the votes and get the bill across the finish line.”

Republicans hold 53 seats in the Senate, but can rely on Vice President J.D. Vance to break a tied vote if necessary.

At least 218 House lawmakers must vote to pass bills when all 435 seats are filled. But with three vacancies at the moment, legislation can move through that chamber with 216 votes. The GOP has 220 seats at the moment, meaning Johnson can afford four defections on party-line bills.

North Dakota Sen. John Hoeven told reporters this week that he’d like to see GOP senators rework the SALT section of the bill, even if that causes challenges for Speaker Johnson’s ability to pass a final version.

“Let’s talk about SALT, for example. The House has a very large SALT number. The Senate is probably going to take a look at that,” Hoeven said. “There’ll be a lot of areas we can look at. There’ll be other things we’re going to look at. We’d like to get to $2 trillion in savings.”

Ohio Sen. Bernie Moreno joined in putting his House colleagues on notice that they likely won’t get the agreement they struck with the speaker in the final version of the bill.

“I think we’re going to make common-sense changes. For example, the SALT cap, by the way, something that definitely helps very wealthy people in blue states,” Moreno said. “I think that cap, the 400% increase, is too much, so we’re going to work on tweaking that.”

Hawley, of Missouri, speaking more generally about the tax provisions, said he would like the Senate to make sure middle-class Americans benefit from the tax changes, just as much as companies.

“I want to be clear, I’m in favor of additional tax relief for working people. So my view is this corporate tax rate, which they lowered in 2017, they made that permanent back then. I know some workers that would like permanent tax relief,” Hawley said. “So I think it’s imperative that we do some addition to tax relief for workers. So I think that’s important.”

A new $4 trillion debt limit

Deficit hawks in the Senate have also voiced objections to raising the nation’s debt limit by $4 trillion, arguing that GOP leaders haven’t done enough to assuage their concerns about the nation’s fiscal trajectory.

Kentucky Sen. Rand Paul argued that the debt limit increase is more about next year’s midterm elections than good governance.

“​​This is really about avoiding having to talk about the debt during election times because people like to go home and talk to the Rotary or the Lions Club and tell them how they’re fiscally conservative and they’re against debt,” Paul said. “It’s embarrassing to them to have to vote to keep raising the debt. But they’re unwilling to have the courage to actually look at all spending.”

Paul suggested that House Republicans created problems by inflating some of the spending levels in their package, including to continue construction of a wall along the U.S.-Mexico border. Paul is chairman of the Homeland Security and Governmental Affairs Committee.

“The $46.5 billion for the wall is eight times higher than the current cost of the wall. If you’re going to do 1,000 miles, you can actually do it for $6.5 billion. They want $46.5 billion,” Paul said. “We can’t be fiscally conservative until it comes to the border, and then we’re no longer fiscally conservative.”

The border wall has been a constant focus for Trump, who made it a central part of his 2016 presidential campaign, when he said repeatedly that the United States would build it and Mexico would pay for it.

South Carolina’s Lindsey Graham, chairman of the Budget Committee, hinted during a brief interview that Congress can only cut so much spending without going near programs like Social Security, which accounted for $1.5 trillion in expenditures last year, or Medicare, which spent $865 billion. Both are normally considered untouchable.

“I think we’re going to make some changes to try to find more spending reductions. I think that’s a fair criticism of the bill, but you can’t do Social Security by law,” Graham said, referring to one of the many rules that govern the reconciliation process. “Nobody’s proposed anything in the Medicare area.”

Graham added that “trying to make the bill more fiscally responsible is a good thing, but we need to pass it.” 

Immigration surge cost state, local governments $9 billion in 2023, nonpartisan CBO says

Education was one of the primary areas of additional cost states and local governments that saw a surge in new immigration starting in 2021. (Photo by Phillippe Gerber/Getty Images)

Education was one of the primary areas of additional cost states and local governments that saw a surge in new immigration starting in 2021. (Photo by Phillippe Gerber/Getty Images)

WASHINGTON — The unprecedented increase in immigration starting in 2021 brought extra revenue to states and local governments, but the cost of services for those newly arrived migrants was greater, leading to a net cost of $9.2 billion in 2023, according to a report the nonpartisan Congressional Budget Office published Thursday.

The roughly 4.3 million immigrants who arrived from 2021 to 2023 paid about $10.1 billion in state and local taxes in 2023, according to the report. Accounting for births and deaths, the net population gain from immigration in those years was about 4.4 million, CBO said.

Across the country, state and local governments spent about $19.3 billion in goods and services for those immigrants, with costs concentrated on providing education and shelter, CBO estimated.

The $9.2 billion direct net cost amounts to 0.3% of state and local spending, CBO said.

“State and local governments saw both their tax revenues and their spending increase in 2023 as a result of the surge in immigration,” the CBO report said. “In CBO’s estimation, the increase in spending was greater than the increase in taxes.”

In an alternative calculation, CBO estimated that when accounting for indirect effects — for example, increases in property taxes and economic activity, greater demand for government services — the surge led to a spending increase of $28.6 billion and increased revenue of $18.8 billion for state and local governments, netting a loss of roughly $9.8 billion.

More than half of newly arrived immigrants resided in six states: California, Florida, Illinois, New Jersey, New York and Texas.

CBO estimated that in 2023, about 550,000 children in public schools, or 1.1% of students, were immigrants who’d arrived since 2021. 

“In CBO’s estimation, the surge in immigration directly increased spending for public primary and secondary education by $5.7 billion, or 0.7 percent, in 2023,” according to the report.

Those higher costs were “due to lower English proficiency among the surge population.”

“Because recent immigrants are often English-language learners, they tend to need additional instructional and support services,” according to the report. “CBO estimates that those services cost state and local governments $1.2 billion in 2023.”

Another high cost was shelter services, CBO found. Four states — New York, Massachusetts, Illinois, and Colorado — “spent a total of $3.3 billion to provide shelter and related services, including food and legal support, to the surge population in 2023,” according to the report.

In 2021, the Biden administration dealt with the highest levels of migration at the southern border in 20 years. In an effort to ease the increase at the U.S.-Mexico border, several programs were created to allow migrants to obtain work permits or enter the country while their asylum cases were pending before immigration court.

A nonpartisan New York think tank that studies domestic and international migration, the Center for Migration Studies, released a report that found the population of people in the United States without permanent legal status increased to by 2 million to 12.2 million by 2023, using the most recent Census Bureau American Community Survey data.

Congressional Hispanic Caucus to keep pressure on immigration detention following arrests

Delaney Hall in Newark, New Jersey,  the largest immigrant detention center on the East Coast, was the sight of a May demonstration against the Trump administration's immigration policies. (Photo by New Jersey Monitor)

Delaney Hall in Newark, New Jersey,  the largest immigrant detention center on the East Coast, was the sight of a May demonstration against the Trump administration's immigration policies. (Photo by New Jersey Monitor)

WASHINGTON — Members of the Congressional Hispanic Caucus pledged Thursday to make more visits to immigration detention centers across the country to carry out oversight of the Trump administration’s crackdown.

The members detailed their visits to various detention centers over last week’s recess. Many people they visited in those centers were arrested while attending their court hearings or had no criminal record, they said.

“What we and our colleagues witnessed was the system being used to punish people simply for being an immigrant, and we all know that cruelty is the point with this president,” said New York Democratic Rep. Nydia Velázquez.

Continued oversight of immigration detention centers will only become more important, members of the all-Democrat caucus said, if congressional Republicans succeed in passing a massive tax and spending bill that would increase immigration enforcement funding by billions, including for detention centers.

Republicans are moving ahead with a legislative procedure known as reconciliation to fulfill President Donald Trump’s priorities without needing 60 votes in the U.S. Senate.

The vow to continue with oversight at detention centers comes after three congressional Democrats said they were accosted by U.S. Immigration and Customs Enforcement officials at a New Jersey detention center last month. That incident ended with the Newark Mayor Ras Baraka arrested, and Rep. LaMonica McIver facing federal charges. The charges against Baraka were dismissed about two weeks later.

“We will not succumb to any intimidation tactics,” CHC Chair Rep. Adriano Espaillat of New York said. “We will continue to comply with our duty to have oversight of these detention centers, and we will visit them within the parameters of the law.”

Members of Congress are allowed to conduct oversight visits at any Department of Homeland Security facility that detains immigrants, without prior notice, under provisions of an appropriations law.

Collateral arrests

Washington state Democratic Rep. Pramila Jayapal, a former chair of the Congressional Progressive Caucus, slammed the Trump administration’s expansion of government contracts with private prison companies to detain migrants.

“It is critically important that we members of Congress continue to investigate what are supposed to be civil detention centers, but instead operate as private for-profit prisons with substandard medical care and they make billions of dollars … in contracts from this administration detaining people of all legal statuses,” Jayapal said. 

The detention center in New Jersey reopened this year and ICE awarded GEO Group Inc. with a $1 billion contract to run the facility.

Jayapal said when she conducted an oversight visit at the Tacoma, Washington, Northwest ICE Processing Center, which was formerly known as the Northwest Detention Center, over the recess, some of the people being detained were caught up in immigration enforcement raids targeting other people. Such immigration arrests are known as collateral arrests.

She said one woman she spoke to who was detained had been in the country for more than 20 years, but did not have a permanent legal status.

“She was swept up in a raid at the workplace, and she was detained less than a week before she was going to get married to a U.S. citizen,” Jayapal said.

She said another person she talked to was a man who had been in the U.S. for 31 years and is a permanent legal resident.

“These are not the so-called worst of the worst that Trump kept saying he was going to go after,” Jayapal said. “These are simply people who love this country, who have been in this country for decades, who are married to U.S. citizens and have U.S. citizen children, and do not understand why the country they love would be doing this to them.”

Democratic Rep. Lou Correa of California, said that he’s come across immigrants in detention centers who were arrested while attending their court hearings.

“These individuals are following the law, showing up … to court hearings, and they’re having their removal cases dismissed,” he said. “Immediately as they walk out of that courtroom, they are rearrested and put into what is called an expedited removal process … to quickly get them out of the country.”

Trump issues travel ban on 12 countries

President Donald Trump signs executive orders in the Oval Office of the White House on Jan. 20, 2025. (Photo by Anna Moneymaker/Getty Images)

President Donald Trump signs executive orders in the Oval Office of the White House on Jan. 20, 2025. (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — President Donald Trump issued a long-awaited “travel ban” late Wednesday to bar entry of nationals from a dozen countries and partially restrict entry for nationals from a smaller set of countries.

Countries that will have a full ban are Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.

Countries with partial bans are Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.

The proclamation goes into effect Monday.

Wednesday’s proclamation is a modified version of the travel ban from the president’s first term that barred entrance to nationals from predominantly Muslim countries. Federal courts struck down several versions of the travel ban until the Supreme Court upheld it in 2018. Former president Joe Biden repealed the travel ban when he came into office in 2021.

Wednesday’s proclamation allows for some exceptions, including visas that were issued to people from those countries before Wednesday, those who have been granted asylum by the U.S. or have a refugee status and lawful permanent residents.

The president’s proclamation cited national security concerns, but gave little detail on the reasoning that led to selecting the countries.

“Publicly disclosing additional details on which I relied in making these determinations, however, would cause serious damage to the national security of the United States, and many such details are classified,” according to the proclamation.

The Trump administration has moved to end temporary legal status such as humanitarian protections for nationals that hail from some of the countries on the ban list: Afghanistan, Cuba, Haiti and Venezuela. Immigration advocates have challenged those moves to end those legal protections in federal courts across the country.  

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

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

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

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

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

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

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

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

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

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

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

Order doesn’t require return

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

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

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

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

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

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

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

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

Federal judge unseals some records in Abrego Garcia case

U.S. Rep. Glenn Ivey,  a Maryland Democrat who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court in Greenbelt before a hearing in Abrego Garcia’s case last month. (Photo by Ariana Figueroa/States Newsroom)

U.S. Rep. Glenn Ivey,  a Maryland Democrat who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court in Greenbelt before a hearing in Abrego Garcia’s case last month. (Photo by Ariana Figueroa/States Newsroom)

WASHINGTON — The Maryland federal judge overseeing the lawsuit concerning the wrongly deported Kilmar Abrego Garcia unsealed documents Wednesday that the Trump administration had asked to keep unavailable to the public under the so-called state secrets privilege.

The order from U.S. District Judge Paula Xinis unsealed three documents that she said did not contain any privileged information. Xinis questioned the Trump administration’s broad use of the privilege during a hearing last month.

The request to unseal the documents came from a coalition of news organizations, arguing First Amendment rights and the public’s right to information in a case that has become a flashpoint between the judiciary branch and the Trump administration.

“The Press Movants rightly contend that, at common law, the public enjoys a presumptive right to access court records, overcome only when outweighed by competing interests,” Xinis wrote Wednesday.

President Donald Trump has said Abrego Garcia, who was removed in March due to an “administrative error,” will not return to the U.S. and Department of Justice attorneys on behalf of the Trump administration have argued in court that the Maryland man is in the custody of El Salvador and the federal government has no authority to bring him back.

In a separate case of another wrongly deported immigrant to El Salvador, the Department of Justice submitted a document detailing that Secretary of State Marco Rubio was personally working with the Salvadoran government to return a 20-year-old referred to in court documents as only “Cristian,” after another federal judge ordered his return.

Discovery documents

Some of the filings that were unsealed Wednesday had been public until the Trump administration moved to seal them.

One unsealed record related to an April discovery request Abrego Garcia’s attorneys made to the government seeking information about how the administration was facilitating Abrego Garcia’s return from El Salvador. The U.S. Supreme Court ruled the Trump administration must facilitate the Maryland man’s return, but stopped short of requiring it.

Another document related to the Trump administration’s request for more time in discovery proceedings.

“It does not disclose any potentially privileged or otherwise sensitive information for which a compelling government interest outweighs the right to access,” Xinis wrote.

One document was partially redacted, because it “includes some information potentially implicated by the state secrets privilege,” Xinis wrote.

The document, signed by Abrego Garcia attorney Jonathan G. Cooper, objected to the Trump administration’s attempt to pause discovery. The government had argued that complying with discovery in the lawsuit would hinder efforts to facilitate Abrego Garcia’s return.

“As we explained to the government, in our meet-and-confer, we do not understand why the production of documents or interrogatory responses — none of which has occurred in the public eye — has any bearing on efforts to facilitate Mr. Abrego Garcia’s release and return,” Cooper wrote in the partially redacted document unsealed Wednesday.

A fourth document, a transcript from a late April hearing, will be released but redacted until the high-profile case is settled, Xinis wrote.

“Although the Court does not wholly agree with the Defendants’ overbroad characterizations of the government interests at stake, the Court does recognize that certain information touches upon Defendants’ asserted state secrets privilege as applied to Secretary of State Marco Rubio and the State Department,” she wrote about the partially redacted transcript.  

Students eligible for deportation protections caught in Trump immigration crackdown

Teen protesters call for DACA protections during the first Trump administration. (Photo by Isiah Holmes/Wisconsin Examiner)

Teen protesters call for DACA protections during the first Trump administration. (Photo by Isiah Holmes/Wisconsin Examiner)

WASHINGTON — Ximena Arias-Cristobal knows the risks that can come with driving as a person living in the U.S. without legal authorization, where a simple traffic stop could lead to being deported.

That fear materialized last month when she was pulled over by local police in Dalton, Georgia, for making an improper turn at a red light, but instead of a traffic ticket, the 19-year-old was detained at Stewart Detention Center for nearly three weeks, she said at a virtual event Tuesday.

“Even though my time there was short … the emotional weight is overwhelming,” Arias-Cristobal said during a panel conversation organized by advocacy groups opposing the Trump administration’s immigration crackdown on students without legal authorization and international students.

“This isn’t just an immigration issue, it’s a human rights issue,” Arias-Cristobal said.

She and her parents arrived in the United States without legal authorization from Mexico when Arias-Cristobal was 4 years old. Her father was in the car with her last month and was also detained at the Stewart Detention Center, she said. He has since been released.

“What affected me the most was the transfer itself, being shackled at the waist and ankles,” Arias-Cristobal said of being transferred by Immigration and Customs Enforcement agents to Stewart Detention Center.

Arias-Cristobal is eligible to apply for deportation protections under the Deferred Action for Childhood Arrivals, or DACA, policy. DACA allows some people who were brought into the country as children without legal authorization to obtain a drivers license and work permits and remain in the country, under certain conditions.

But the agency that issues such protections, U.S. Citizenship and Immigration Services, stopped accepting applications in 2021 as part of a court case from Republican state officials challenging DACA’s legality.

The case remains pending and is likely to head to the U.S. Supreme Court.

Arias-Cristobal now faces deportation to Mexico as she tries to complete her higher education at Dalton State College, where she is studying economics and finance. 

Impact on higher education

Gaby Pacheco, president and CEO of advocacy group TheDream.US, said that cases like Arias-Cristobal’s are becoming more common under the second Trump administration and that “Dreamers are under attack.”

Pachecos’ group provides scholarships to young immigrants without legal status, including Arias-Cristobal, to pursue higher education.

She said that while DACA recipients have not been caught in deportations, “we have heard of people (being) held and questioned” by ICE agents.

“The level of cruelty, inhumanity and lawlessness that we’re seeing from the Department of Homeland Security… is completely alarming,” Pacheco said.

That type of immigration enforcement has impacted higher education, said Miriam Feldblum, the president of the Presidents’ Alliance on Higher Education and Immigration, which advocates for international students and students without proper legal authority to attend college.

The Department of Homeland Security informed Harvard University last month that it was revoking the Ivy League school’s ability to accept international students. A federal court has temporarily blocked the move while the case is pending.

“This will directly harm our enrollment at U.S. institutions,” she said of the Trump administration’s stance on limiting how many international students can attend higher education.

Feldblum said that because international students pay full tuition, those costs often subsidize scholarships for U.S. students. 

Homeland Security’s list of ‘sanctuary cities’ pulled down after sheriffs object

Left to right, Denver Mayor Michael Johnston, Chicago Mayor Brandon Johnson, Boston Mayor Michelle Wu and David J. Bier, director of immigration studies at the Cato Institute, are sworn in during a House Oversight and Government Reform Committee hearing on sanctuary cities' policies at the U.S. Capitol on March 5, 2025 in Washington, D.C.  (Photo by Alex Wong/Getty Images)

Left to right, Denver Mayor Michael Johnston, Chicago Mayor Brandon Johnson, Boston Mayor Michelle Wu and David J. Bier, director of immigration studies at the Cato Institute, are sworn in during a House Oversight and Government Reform Committee hearing on sanctuary cities' policies at the U.S. Capitol on March 5, 2025 in Washington, D.C.  (Photo by Alex Wong/Getty Images)

WASHINGTON — The U.S. Department of Homeland Security over the weekend took down a public list of cities and jurisdictions that the Trump administration labeled as “sanctuary” cities, after a sharp rebuke from a group representing 3,000 sheriffs and local law enforcement.

On Saturday, National Sheriffs’ Association President Sheriff Kieran Donahue slammed the list as an “unnecessary erosion of unity and collaboration with law enforcement.”

“The completion and publication of this list has not only violated the core principles of trust, cooperation, and partnership with fellow law enforcement, but it also has the potential to strain the relationship between Sheriffs and the White House administration,” Donahue said.

DHS published the list Thursday and it was unavailable by Sunday. It’s unclear when it was removed, but internet archives show Saturday as the last time the list was still active.

In a statement, DHS did not answer questions as to why the list was removed.

“As we have previously stated, the list is being constantly reviewed and can be changed at any time and will be updated regularly,” according to a DHS spokesperson. “Designation of a sanctuary jurisdiction is based on the evaluation of numerous factors, including self-identification as a Sanctuary Jurisdiction, noncompliance with Federal law enforcement in enforcing immigration laws, restrictions on information sharing, and legal protections for illegal aliens.”

DHS Secretary Kristi Noem on Fox News Sunday did not acknowledge that the list was taken down, but said some localities had “pushed back.”

“They think because they don’t have one law or another on the books that they don’t qualify, but they do qualify,” Noem said. “They are giving sanctuary to criminals.”

List followed Trump executive order

Local law enforcement aids in immigration enforcement by holding immigrants in local jails until federal immigration officials can arrive.

The creation of the list stems from Donald Trump’s executive order in April that required DHS to produce a list of cities that do not cooperate with federal immigration officials in enforcement matters, in order to strip federal funding from those local governments.

Those jurisdictions are often dubbed “sanctuary cities,” but immigration enforcement still occurs in the city — there’s just no coordination between the local government and the federal government.

The jurisdictions are often a target for the Trump administration and Republicans, who support the President Donald Trump campaign promise of mass deportations of people without permanent legal status.

Congressional Republicans in March grilled mayors from Boston, Chicago and Denver, on their cities’ immigration policies during a six-hour hearing before the U.S. House Oversight and Government Reform Committee.

‘Strong objection’

Local officials were puzzled by the list.

One law enforcement association in North Dakota questioned why several counties — Billings, Golden Valley, Grant, Morton, Ramsey, Sioux, and Slope — were listed as sanctuary jurisdictions because those areas cooperate with federal immigration officials.

In a statement, the North Dakota Sheriff’s and Deputies Association said the “methodology and criteria used to compile this list is unknown,” and there has been no communication from DHS “on how to rectify this finding.”

“The elected Sheriffs of these counties take strong objection with language in this release characterizing them as ‘deliberately and shamefully obstructing the enforcement of federal immigration laws endangering American communities,’” according to NDSDA.

“The North Dakota Sheriff’s and Deputies Association is working to gather more information regarding the lack of transparency and reasoning as to why the Department of Homeland Security did not fact check prior to incorrectly naming these North Dakota counties.”

Local advocacy groups also noted the problems with the DHS list.

“I assume they’ve removed (the list) because they were bombarded with complaints about inaccuracy and how and why these various jurisdictions got on the list,” Steven Brown, executive director for the American Civil Liberties Union of Rhode Island, said in an interview Monday.

According to the Internet Archive website Wayback Machine, the states, as well as the District of Columbia, that were on the list included Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington state and Wisconsin.

Christopher Shea and Amy Dalrymple contributed to this story. 

Judge preserves work permits, deportation protections for 5,000 Venezuelans

The U.S. Supreme Court, on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court, on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

WASHINGTON — A federal judge in California has blocked the Trump administration from invalidating work permits and other documents that granted legal status to 5,000 Venezuelans, a subset class of the nearly 350,000 whose temporary legal protections the U.S. Supreme Court last month allowed to be terminated.

The Saturday order from U.S. District Judge Edward Chen will, for now, allow the work permits and deportation protections for that subgroup to last until October 2026, or until the entire case, which challenges the end of temporary protected status for Venezuelans and Haitians, is decided. 

Those 5,000 Venezuelans were granted extended protections by immigration officials before the U.S. Supreme Court’s decision on May 19 that allowed the Trump administration to move forward with revoking  protections.

During a hearing last week, Chen said he was considering an order to preserve work permits for that small group of 5,000 Venezuelans. All 350,000 previously held temporary protected status, or TPS, which allows immigrants to live in the United States for a set period because their home country is deemed too dangerous for return.

Chen, who was appointed by former President Barack Obama to a seat in the Northern District of California, acknowledged that last month’s Supreme Court decision created a small group of Venezuelans who had gotten work permits approved until October 2026 — before the high court’s order moved up the date their TPS status expired, which was April 7.

Chen in March blocked the Trump administration from ending temporary protections for the group of all 350,000 Venezuelans. Last month’s Supreme Court order means that those Venezuelans will be able to continue to challenge in court the end of their work permits and the possibility of removal, but they no longer have protections from deportation.

The case is also before the 9th Circuit Court of Appeals, which will hear oral arguments in July.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Judge harshly criticized administration

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

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

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

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

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

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

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

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

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

Trump ‘blatant’ refusal to comply in deportation case shows growing rift with judges

Prison officers stand guard at a cell block at the Salvadoran mega-prison Centro de Confinamiento del Terrorismo, or CECOT, on April 4, 2025. Amid several legal disputes, the Trump administration has continued its controversial deportation policy to El Salvador. (Photo by Alex Peña/Getty Images)

Prison officers stand guard at a cell block at the Salvadoran mega-prison Centro de Confinamiento del Terrorismo, or CECOT, on April 4, 2025. Amid several legal disputes, the Trump administration has continued its controversial deportation policy to El Salvador. (Photo by Alex Peña/Getty Images)

WASHINGTON — A federal judge in Maryland slammed the Trump administration Friday for its “blatant lack of effort to comply” with her order earlier this month to report steps taken to facilitate the return of a second wrongly deported man to a notorious mega-prison in El Salvador.

“Defendants’ untimely response is the functional equivalent of, ‘We haven’t done anything and don’t intend to,’” U.S. District Judge Stephanie Gallagher, whom President Donald Trump appointed in 2018, wrote in her order blasting a nonresponse from the Department of Homeland Security.

“Telling this Court that ‘[i]t is DHS’s understanding that Cristian is in the custody of El Salvador,’ adds nothing to the underlying record and simply reflects a lack of any effort to obtain or provide information regarding Cristian’s ‘current physical location and custodial status,’” she wrote.

Friday’s order from Gallagher is the latest scathing remark from federal judges who have found the Trump administration either violated their preliminary injunctions or restraining orders, or have broadly invoked executive privileges to stonewall information in immigration cases.

Gallagher, like other federal judges who have found themselves in the spotlight for blocking immigration-related policies, raised concerns about the Trump administration skirting due process rights and slow-walking rectifying deportation mistakes as the government continues its aggressive campaign of mass deportations.

Officials at the White House, the Department of Homeland Security and President Donald Trump himself have continued to claim broad authority to conduct immigration removals. They have lashed out against the judges, labeling them as “activists” and accusing them of blocking the Trump administration’s agenda.

“Its very important that we’re able to get these people out fast,” Trump said during a press availability in the Oval Office Friday. “We have judges that don’t want that to happen. It’s a terrible thing.” 

Violating removal protections

Two cases of men whom the administration sent to El Salvador despite court orders blocking their removals stemmed from the first major case of the administration apparently disregarding a judicial order: a temporary restraining order from U.S. District Judge James E. Boasberg not to remove migrants under the 1798 Alien Enemies Act.

Despite the mid-March temporary restraining order from Boasberg, three planes landed in El Salvador hours later and roughly 300 men were sent to the Salvadoran mega-prison Centro de Confinamiento del Terrorismo, or CECOT. 

Maryland resident Kilmar Abrego Garcia, and a 20-year-old referred to in court documents only by the pseudonym Cristian, whose case Gallagher is handling, were among them.

Abrego Garcia had, since 2019, a court order protecting him from deportation to his home country of El Salvador because an immigration judge was concerned he would face gang violence if returned.

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

In both cases, the administration has said it is powerless to compel the Salvadoran government to release them, an argument Gallagher expressed frustration with Friday.

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

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

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

Judges see pattern of defiance

In Abrego Garcia’s high-profile case, U.S. District Judge Paula Xinis, also in Maryland, said “nothing has been done” by the Trump administration to facilitate Abrego Garcia’s return. Administration officials have admitted he was mistakenly deported to CECOT.

Xinis recently denied the Department of Justice’s request for an extra 30 days to submit documents on its efforts to return Abrego Garcia.

He remains in a lower-level prison in El Salvador, despite a Supreme Court order from April that directed the Trump administration to facilitate his return to the U.S.

A judge in Massachusetts found the Trump administration violated his preliminary injunction barring third-country removals of migrants without due process after eight men were deported to South Sudan and given less than 24 hours to challenge their removal to a county on the cusp of another civil war.

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

The Trump administration has challenged all those decisions on an emergency basis to the U.S. Supreme Court.

‘A judge in Boston running foreign policy’

Top administration figures have argued it is the judges who have overstepped, trespassing on the executive branch’s role in setting foreign policy.

In the Oval Office Friday, Trump singled out U.S. District Judge Brian E. Murphy, who is overseeing the case in Massachusetts.

“You can’t have a judge in Boston running foreign policy in places all over the country because he has a liberal bent or he’s a radical left person,” Trump said.

Murphy was appointed by former President Joe Biden.

That case, which centers on removing migrants to a country they are not citizens of, could play an outsized role in the legal battle over the administration’s approach to immigration after Supreme Court decisions this month have allowed the Trump administration to end two temporary legal programs and exposed more than 800,000 immigrants to potential deportation.

Many of those who lost protections hail from countries that are deemed too dangerous for return.

‘Get them out rapidly’

The Trump administration has publicly stated Abrego Garcia will not return and accused him, without producing evidence, that he is a leader of the MS-13 gang.

The president has also acknowledged that if he wanted to, he could secure the return of Abrego Garcia from El Salvador. But Trump said he would not, alleging that Abrego Garcia has gang ties.

The president posted pictures on social media of Boasberg, who was pressing Department of Justice attorneys for answers on if his order was deliberately violated. It prompted a rare response from Supreme Court Chief Justice John Roberts, who stressed the importance of an independent judiciary.

While the Supreme Court eventually lifted Boasberg’s nationwide injunction on the use of the Alien Enemies Act, federal judges in Colorado and parts of New York and Texas have blocked use of the wartime law within their districts, citing concerns about due process.

Top Trump officials, such as Deputy White House Chief of Staff Stephen Miller, have floated suspending habeas corpus, which allows people who believe they are being unlawfully detained to petition for their release in court.

Habeas corpus claims are currently the only avenue that Venezuelans subject to the Alien Enemies Act have to challenge their deportation under the wartime law.

“We can’t keep them for years here as they go through trial,” Trump said Friday of swift deportations. “We have to get them out rapidly.” 

Abrego Garcia and Cristian

In an April order, Gallagher wrote that Cristian’s case is similar to Abrego Garcia’s and that “like Judge Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Cristian’s return to the United States so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement.”

In that order, Gallagher said the federal government must show “a good faith request to the government of El Salvador to release Cristian to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits by (U.S. Citizenship and Immigration Services).”

On May 6, she affirmed her decision that the Trump administration must facilitate Cristian’s return, but put her own order on pause to allow for Department of Justice attorneys to appeal to the 4th Circuit U.S. Court of Appeals.

The appeals court declined the Trump administration’s request to pause her order.

Gallagher said Friday she would give the Trump administration officials until Monday to “remedy their noncompliance.”

U.S. Supreme Court permits deportation of another half million migrants, for now

The U.S. Supreme Court, on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court, on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court Friday said it will allow the Trump administration to remove deportation protections for more than 500,000 nationals from Cuba, Haiti, Nicaragua and Venezuela who were given permission to temporarily remain and work in the United States by the Biden administration.

The move by the high court — which permits the deportations while a lawsuit continues to work its way through the courts — came after a district court in Massachusetts in April blocked the Trump administration from ending the Cuba, Haiti, Nicaragua and Venezuela, or CHNV, program for 532,000 people.

It’s the second decision by the Supreme Court this month stripping immigrants of some form of temporary legal protections, affecting more than 800,000 people in the country without permanent legal status who are now subject to swift deportation.

On May 19, the Supreme Court allowed the Trump administration to end Temporary Protected Status for 350,000 Venezuelans who were granted the protection from deportation because their home country was deemed too unstable to return to due to the political regime.

Department of Homeland Security Assistant Secretary Tricia McLaughlin welcomed the ruling.

“Ending the CHNV parole programs, as well as the paroles of those who exploited it, will be a necessary return to common-sense policies, a return to public safety, and a return to America First,” she said in a statement.

Todd Schulte, the president of the immigration advocacy group FWD.us, said in a statement that the high court’s decision “penalizes half a million people for complying with our immigration laws.”

“This decision will have devastating and immediate consequences, and is part of a broader attempt by the executive branch to justify further immigration enforcement crackdowns against families across the country,” Schulte said. “The government failed to show any harm remotely comparable to that which will come from a half million people losing their jobs and becoming subject to deportation.” 

Friday’s case is one of several immigration-related emergency requests the Department of Justice has brought to the high court, as the Trump administration aims to carry out mass deportations, wind down temporary legal pathways for immigrants and redefine the constitutional right of birthright citizenship.

No judicial review for parole, DOJ argues

In the emergency filing to the high court in Friday’s case, Solicitor General D. John Sauer argued that the Immigration Nationality Act bars judicial review of discretionary decisions, such as what is called humanitarian parole, for the CHNV program.

He added that Department of Homeland Security Secretary Kristi Noem terminated the program because it does not align with the interests of the Trump administration.

Liberal justices Sonia Sotomayor and Ketanji Brown Jackson dissented.

“The Court has plainly botched this assessment today,” Jackson wrote in her dissent. “It undervalues the devastating consequences of allowing the Government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending.”

She argued that the Trump administration did not prove it would be harmed by the preliminary injunction. An appeals court previously rejected the government’s request to put the lower court’s order on hold.

“While it is apparent that the Government seeks a stay to enable it to inflict maximum predecision damage, court-ordered stays exist to minimize—not maximize—harm to litigating parties,” Jackson wrote.

President Joe Biden created the CHNV program in 2023. It temporarily granted work permits and allowed thousands of nationals from Cuba, Haiti, Nicaragua and Venezuela to remain in the country if they were sponsored by someone in the United States and passed a background check.

Federal court wrestles with status of Venezuelans with work permits but denied TPS

Homeland Security Secretary Kristi Noem speaks during her confirmation hearing before the U.S. Senate Homeland Security and Governmental Affairs Committee on Jan. 17, 2025. (Photo by Eric Thayer/Getty Images)

Homeland Security Secretary Kristi Noem speaks during her confirmation hearing before the U.S. Senate Homeland Security and Governmental Affairs Committee on Jan. 17, 2025. (Photo by Eric Thayer/Getty Images)

A federal judge in California said Thursday he is considering issuing an order to preserve work permits for a small group of Venezuelans with temporary protected status, which allows migrants to live in the United States for a set period without fear of deportation.

They were granted these extended protections by immigration officials before the U.S. Supreme Court’s decision that allowed the Trump administration to revoke those protections.

A hearing before U.S. District Judge Edward Chen was the first in the case since the Supreme Court on May 19 allowed the Trump administration to end temporary protections for a group of 350,000 Venezuelans and vacated Chen’s order blocking the administration’s move.

Chen, who was appointed by former President Barack Obama to a seat in the Northern District of California, acknowledged that the Supreme Court’s decision has left an “island” of about 5,000 Venezuelans who have gotten work permits approved until October of 2026 — before the high court’s order moved up the date their TPS status expired.

“It’s a small exception,” he said.

Attorneys for those TPS holders filed an emergency motion to protect that subgroup to keep those work and deportation protections through October 2026. They are also pushing for an expedited hearing schedule to challenge the administration’s revocation of protections because the group of Venezuelans lost protections in April, meaning they are subject to deportation.

“Every day that there’s not a final decision in this case, our plaintiffs are now subject to deportation, are now losing their jobs, and we need to move urgently towards a final resolution in this case,” Jessica Karp Bansal, who is representing the National TPS Alliance, said at a Thursday hearing.

Back and forth

In March, Chen found that Homeland Security Secretary Kristi Noem’s decision to revoke extended protections for Venezuelans previously granted under the Biden administration until October of 2026 was arbitrary and capricious. His order overturned Noem’s revocation of protections for one group of Venezuelans who were placed on TPS in 2023.

The group of Venezuelans given protections in 2023 were initially scheduled to lose that status on April 7, meaning the Supreme Court’s May decision allowed Noem to immediately revoke the extended protections. The second group’s protections will end in September.

The groups who brought the suit against Noem represent TPS holders from Venezuela. The immigration groups have amended their complaint to include TPS holders from Haiti, whose protections will expire in August after Noem revoked an extension.

A federal district court in New York this week held oral arguments on the termination of TPS for more than 300,000 Haitians.

The California case is also before the 9th Circuit Court of Appeals, which will hear oral arguments in July.

Noem cited gang activity as her reason for not extending TPS for the 2023 group of Venezuelans.

The attorneys and the American Civil Liberties Union, on behalf of the TPS holders, are also pressing for discovery to obtain records and documents to show the decision process for ending TPS for nationals from Venezuela and Haiti.

Chen set a status conference for June 24 at 1 p.m. Pacific Time. 

Immigrants in U.S. without permanent legal status grew to 12.2 million, study finds

Migrants from Mexico and Guatemala are apprehended by U.S. Customs and Border Patrol officers after crossing a section of border wall into the U.S. on Jan. 04, 2025 in Ruby, Arizona.  (Photo by Brandon Bell/Getty Images)

Migrants from Mexico and Guatemala are apprehended by U.S. Customs and Border Patrol officers after crossing a section of border wall into the U.S. on Jan. 04, 2025 in Ruby, Arizona.  (Photo by Brandon Bell/Getty Images)

WASHINGTON — The Center for Migration Studies Thursday released a report finding the population of people in the United States without permanent legal status increased to 12.2 million in 2023, using the most recent Census Bureau American Community Survey data.

It’s a number that grew by 2 million from 2020 to 2023, according to the study by the nonpartisan New York think tank that studies domestic and international migration. 

Six states that have the largest population of people without permanent legal status also saw some of the biggest increases. They are California, Florida, Illinois, New Jersey, New York and Texas. Of those states, the fastest-growing were Florida, New York and New Jersey.

That population estimate includes not only people in the U.S. without legal authorization, but immigrants in programs that provide temporary legal status. That would include programs like Deferred Action for Childhood Arrivals, or DACA, and Temporary Protected Status, as well as people with pending asylum cases or who received humanitarian parole status since 2021.

The study noted that estimating the size of the population without permanent legal status could “become even more challenging in the next few years” because the census data collection could be affected by mass firings of federal workers as the Trump administration aims to cull the federal workforce.

Authors of the study also took into consideration the Trump administration’s efforts to enact mass deportations and how the population could decline, not due to removals but rather a decrease in the number of immigrants responding to survey data.

“The salient questions would be: Did the decline occur because deportations increased, including of populations stripped of temporary legal status, because fear led to an increase in emigration, because fear reduced the response rates in the surveys, or because of a combination of these or other factors?,” according to the study.

The annual report from the think tank runs counter to U.S. Department of Homeland Security Secretary Kristi Noem’s congressional testimony in May to Senate appropriators that there are more than 20 million people in the country without legal authorization.

Other think tanks that study migration, such as the Migration Policy Institute, have estimated as of 2021, there were 11.2 million immigrants in the U.S. without legal authorization.

Venezuelan migrants

One major finding in the study by the Center for Migration Studies was that the population of Venezuelan immigrants increased from 55,000 in 2013 to 220,000 in 2020.

According to the study, that population then doubled in 2023 to 445,000, which is around the time the Biden administration granted TPS protections for a second group of Venezuelans after granting TPS for a first group of Venezuelans in 2021. Roughly half a million Venezuelans are under the TPS program and are at risk of losing protections from deportation.

That program allows nationals from countries deemed too dangerous to return to due to violence, political instability or other unstable conditions to remain in the U.S. for up to 18 months unless their protections are renewed by the Department of Homeland Security Secretary.

The Trump administration is moving to end TPS for Venezuelans and invoked an 18th-century wartime law to rapidly deport any Venezuelan national 14 and older who is suspected of gang ties.

The Supreme Court has blocked the use of the wartime law over concerns of due process, and has not ruled on the constitutionality of using the law, the Alien Enemies Act of 1798. But the high court is allowing the Trump administration to continue its efforts to end TPS for Venezuelans who were granted protections in 2023.

Central American migrants

The study also found the population of Central American immigrants grew by 1.2 million from 2013 to 2023. With the highest levels of migration at the southern border in 20 years, the Biden administration in January 2023 created a program to allow nationals from Cuba, Haiti, Nicaragua and Venezuela – nearly all from Central America – to be sponsored with work visas and have deportation protections.

Roughly 532,000 people are in that program. The Trump administration has made an emergency appeal to the Supreme Court to end it, potentially opening those immigrants up to rapid deportation. 

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