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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. 

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.”

Trump DHS lists Democratic strongholds, and deep red Shawano County, as defying immigration law

Shawano County Courthouse

Shawano County was included on a Department of Homeland Security list of jurisdictions "defying federal immigration law"

The U.S. Department of Homeland Security listed Shawano County along with Dane County, Madison and Milwaukee as Wisconsin jurisdictions “defying immigration law” on Thursday. 

The department released the list as part of an executive order signed by President Donald Trump requiring that sanctuary jurisdictions across the country be listed. 

“Sanctuary jurisdictions including cities, counties, and states that are deliberately and shamefully obstructing the enforcement of federal immigration laws endangering American communities,” the DHS announcement states. “Sanctuary cities protect dangerous criminal aliens from facing consequences and put law enforcement in peril.” 

Dane County, Madison and Milwaukee have enacted policies that limit local law enforcement agencies’ collaboration with federal immigration authorities. Earlier this year, Dane County Sheriff Kalvin Barrett announced that the county would no longer participate in a program that provides funding in exchange for telling federal agencies when an immigrant without legal status is in custody in the local jail. Milwaukee also refuses to share such information. 

“DHS demands that these jurisdictions immediately review and revise their policies to align with Federal immigration laws and renew their obligation to protect American citizens, not dangerous illegal aliens,” DHS stated.

But Shawano County, which Trump won with 67% of its vote last year, is a Republican Party stronghold that appears out of place on the list. The DHS announcement states that “no one should act on this information without conducting their own evaluation of the information.” 

In 2021, the Shawano County board voted to declare the county a “Second Amendment sanctuary county,” which declared the county sheriff would not enforce any laws which “unconstitutionally impedes our fundamental Second Amendment right to Keep and Bear Arms.” 

The Shawano County administrator and sheriff did not respond to requests for comment.

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DHS Secretary Kristi Noem stumbles over questions from Democrats on habeas corpus

Homeland Security Secretary Kristi Noem testifies before the Senate Homeland Security and Governmental Affairs Committee on Tuesday, May 20, 2025. (Screenshot from committee webcast)

Homeland Security Secretary Kristi Noem testifies before the Senate Homeland Security and Governmental Affairs Committee on Tuesday, May 20, 2025. (Screenshot from committee webcast)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Tuesday was grilled by senators on the Homeland Security and Governmental Affairs Committee about funding estimates for a barrier along the southern border, as well as concerns about the Trump administration’s adherence to due process in immigration enforcement.

Noem was sharply criticized by Democrats for her answers to questions about habeas corpus, which they said she did not define correctly. “Habeas corpus is a constitutional right that the president has to be able to remove people from this country,” Noem said before she was cut off by Democratic Sen. Maggie Hassan of New Hampshire, who had asked her for a definition.

“That’s incorrect,” Hassan said. “Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people. If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.”

As for the cost of President Donald Trump’s border plans, even Republicans expressed doubts.

“I know the wall is (of) great symbolic value, but I think we should reassess the cost,” Republican Chair Rand Paul of Kentucky said about the House’s reconciliation package, which calls for $46 billion in border wall funding.

Noem appeared before the committee to discuss President Donald Trump’s fiscal year 2026 budget request for Congress along with the border security provisions in the reconciliation package. Congressional Republicans are using reconciliation — a special procedure that skirts the Senate’s 60-vote filibuster — to put together one bill to fulfill Trump’s priorities on border security, tax cuts, energy policy and defense.

“The border crisis is the biggest problem that was facing our country, and it was one that was imperative to fixing for our nation’s future,” Noem, the former governor of South Dakota, said. “We’re solving this crisis at a record pace, and we have delivered the most secure border in American history.”

Senate Democrats pressed Noem about DHS spending, noting that she is on track to run out of funding by mid-July, and her agency’s immigration crackdown that has led to expensive immigration enforcement.

The top Democrat on the panel, Sen. Gary Peters of Michigan, noted that detaining migrants at the Guantanamo naval base costs as much as $100,000 a day, compared to $160 a day at a U.S. Immigration and Customs Enforcement facility. 

“I think that’s kind of outrageous,” Peters said. “I’m concerned by the staggering cost of this, and I would hope, Secretary (Noem), you could commit to providing this committee a detailed breakdown of the total cost of that operation there.”

Noem said she would get the cost breakdown for him. 

Questions about habeas corpus

Several Senate Democrats, including Hassan, Andy Kim of New Jersey and Elissa Slotkin of Michigan, questioned comments from senior White House officials such as Stephen Miller, who has said discussions about suspending habeas corpus were underway.

Habeas corpus allows people in the U.S. who believe they are being unlawfully detained to petition for their release in court, and it can be used to challenge immigration detention.

The U.S. Constitution in allowing for habeas corpus to be suspended says “in Cases of Rebellion or Invasion the public Safety may require it.” That provision is within Article I of the Constitution, which covers the functions of the legislative branch, or Congress.

Habeas corpus has only been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

Slotkin told Noem she was concerned by her response that she believes the president has the right to suspend habeas corpus.

“You sat here in front of all of us and swore an oath to the Constitution,” Slotkin said to Noem, adding that if the president were to suspend habeas corpus, it would be a “complete overreach.”

“It is a right that we all get, that American citizens get, that people who are in the United States legally have,” Slotkin said.

Kim asked Noem, a former member of the U.S. House, if she knew what section of the Constitution allows for the suspension of habeas corpus and which article it’s under.

Noem did not know the answer to either question.

“It’s in Article I,” Kim said. “Do you know which branch of government Article I outlines the tasks and the responsibilities for?”

Noem said Congress. She then argued former President Abraham Lincoln suspended habeas corpus.

Lincoln suspended habeas corpus between Washington, D.C., and Philadelphia because of the Civil War and initially did so without congressional approval. He later called Congress back into session to get congressional approval for it.

Reality show with competing immigrants

Democratic Sen. Richard Blumenthal of Connecticut asked Noem if DHS was considering hosting a reality show that would make immigrants compete for citizenship, according to multiple media reports.

Noem vehemently denied that DHS was looking at it.

“There may have been something submitted somewhere along the line, because there are proposals pitched to the department, but me and my executive team have no knowledge of a reality show, and it’s not under consideration,” she said.

Kim pressed Noem about the recent confrontation between House lawmakers and immigration officials at Delaney Hall in his home state of New Jersey.

Three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of Delaney Hall, an immigrant detention center.

The mayor of Newark, Ras Baraka, who was also protesting, was arrested.

The Trump administration Monday levied two felony charges against one of those members, McIver, accusing her of assaulting officers during Baraka’s arrest.

Kim said he was concerned about the incident and asked Noem if she was aware that members of Congress do not need prior notice to conduct oversight at DHS facilities.

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

Noem accused the three House members of “storming” the facility.

“We give tours when members of Congress ask for it, we just ask that they not be politicized,” she said.

Prep for big sporting events

Florida GOP Sen. Rick Scott and Rand Paul asked Noem about how prepared DHS is for providing security to big sporting events such as the Super Bowl and soccer’s World Cup.

Scott wanted to know how security preparations for the 2026 World Cup, which includes games in Miami, are going.

Miami is one of 11 U.S. cities hosting the World Cup. The others are Atlanta; Boston; Dallas; Houston; Kansas City, Missouri; Los Angeles; the San Francisco Bay area; the New York and New Jersey metropolitan area; Philadelphia; and Seattle.

“We are working diligently with FIFA and other entities to ensure that cities and states have the assets that they need. This will be an unprecedented world event,” Noem said. “It will be taking place in three different countries and many cities across our country, but also Mexico and Canada, and it will take place over a month.”

The World Cup, which first began in the 1930s, is typically held in one country every four years. The last time two countries hosted the month-long event was in 2002, with Japan and South Korea.

Paul asked Noem if the NFL or FIFA, international soccer’s governing body, ever paid DHS for its security measures.

Noem said no.

“Here’s my point,” Paul said. “The NFL makes billions of dollars. These people ought to pay. I mean, it’s ridiculous that the average taxpayer could never afford to go to an NFL Super Bowl, (and) has got to pay for their security.”

U.S. Supreme Court lets Trump end protected status for 350,000 Venezuelan migrants

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 said Monday it will allow, for now, the Trump administration to terminate temporary protections for a group of 350,000 Venezuelans, striking down a lower court’s order that blocked the process.

The order still means the group of Venezuelans on Temporary Protected Status — a designation given to nationals from countries deemed too dangerous to return to remain in the U.S. — 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. 

No justices signed onto the ruling, which is typical in cases brought before the high court on an emergency basis, but liberal Justice Ketanji Brown Jackson noted she would have denied the request.

TPS status for that group of Venezuelans — a portion of Venezuelans living in the United States, not all of them — was set to end on April 7 under a move by the Trump administration.

But U.S. District Judge Edward Chen of the Northern District of California in March blocked Department of Homeland Security Secretary Kristi Noem’s decision to vacate an extension of TPS protections that had been put in place by the Biden administration until October 2026.

The case is now before the 9th Circuit Court of Appeals.

Chen, who was appointed by former President Barack Obama, blocked the Trump administration from removing protections for that group of Venezuelans on the basis that Noem’s actions were “arbitrary and capricious,” and potentially motivated by racism.

“Acting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism,” Chen wrote in his order.

Noem cited gang activity as her reason for not extending TPS for the group of 350,000 Venezuelans, who came to the United States in 2023.

A second group of 250,000 Venezuelans who were granted TPS in 2021 will have their work and deportation protections expire in September. Chen’s order did not apply to the second group of Venezuelans.

Those with TPS have deportation protections and are allowed to work and live in the United States for 18 months, unless extended by the DHS secretary.

Democrats criticized Monday’s decision, including Colorado Sen. Michael Bennet.

“Ending protections for Venezuelans fleeing Maduro’s regime is cruel, short-sighted, and destabilizing,” he wrote on social media.

Rep. Pramila Jayapal, Democrat of Washington state, wrote on social media that Venezuelans “face extreme oppression, arbitrary detention, extrajudicial killings, and torture — the exact type of situation that requires our government to provide TPS.”

Monday’s order is one of several immigration-related emergency requests from the Trump administration before the Supreme Court.

Last week, the high court heard oral arguments that stemmed from an executive order signed by President Donald Trump to end the constitutional right to birthright citizenship.

And justices in a separate case, again, denied the Trump administration from resuming the deportations of Venezuelans under an 18th-century wartime law known as the Alien Enemies Act. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Guynn said that he was lawfully deported.

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

Few documents produced

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

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

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

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

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

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

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

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

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

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

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

El Salvador prison

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

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

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

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

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

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

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

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

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

Noem, Democrats tangle over protest at New Jersey immigrant detention center

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Wednesday harshly criticized three Democrats who were accosted by federal immigration officials while protesting the opening of an immigrant detention center in New Jersey.

Democrats at the hearing of the House Homeland Security Committee in turn said Immigration and Customs Enforcement officials physically assaulted the lawmakers.

Noem, who was appearing to discuss President Donald Trump’s fiscal year 2026 budget for the agency, said the Democrats who went to Delaney Hall to oversee the conditions were not conducting proper oversight.

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

“I believe that it was breaking into a federal facility and assaulting law enforcement officers,” Noem, the former governor of South Dakota, said.

Newark incident

Last Friday, the three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of an immigrant detention center.

The mayor of Newark, Ras Baraka, was arrested. It was a stark escalation of Democratic lawmakers’ opposition to the Trump administration’s immigration crackdown.

After the incident, Menendez detailed how ICE agents “pushed, physically assaulted two female members of Congress.” 

Several Republicans on the panel that oversees Homeland Security, including Chair Mark Green of Tennessee, said there should be consequences for the Democrats, such as criminal charges.

Green accused one of three Democrats of assaulting a law enforcement officer.

“This behavior demands a swift and firm response, and I assure you, action will be taken,” Green said.

Arizona GOP Rep. Eli Crane suggested there be criminal charges lodged against the Democratic members and Republican Rep. Andy Ogles of Tennessee suggested to Noem that she “look into actions (to) be taken if a member assaulted” law enforcement.

The top Democrat on the panel, Rep. Bennie Thompson of Mississippi, slammed Noem for the incident.

“Instead of following the law, masked ICE personnel stopped and assaulted the members,” he said. “Then, to make matters worse, instead of launching an investigation into the incident, your department lied to the press about the situation and threatened to arrest members of Congress for doing their job.”

One of the Democrats who was at the detention center protest, McIver, sits on the committee, but she did not speak to Noem about the incident.

“This is not about me,” McIver said, and instead pressed Noem about international students who had their visas revoked.

Focus on Abrego Garcia

Democrats criticized Noem and the Trump administration’s aggressive immigration enforcement that has led to swift deportations and concerns about a lack of due process.

They especially focused on Kilmar Abrego Garcia, a Maryland man who was wrongly deported to a prison in El Salvador.

Rhode Island Democratic Rep. Seth Magaziner called Noem’s leadership of DHS “sloppy,” and said it has led to immigrants and even U.S. citizen children being wrongly deported.

“Instead of enforcing the laws, you have repeatedly broken them,” Magaziner said. “You need to change course immediately before more innocent people are hurt on your watch.”

California Democratic Rep. Eric Swalwell asked Noem if Abrego Garcia was given proper due process.

Swalwell said he was defending due process and held up a poster that showed Trump holding a picture of Abrego Garcia’s hand that digitally added “MS-13” tattoos to his knuckles.

He asked her several times if the photo was doctored. Noem did not answer the question but said she was unaware of the image.

Instead she said that even if Abrego Garcia were returned to the United States, he would be immediately deported. The U.S. Supreme Court ruled the Trump administration must facilitate the return of Abrego Garcia but he remains in El Salvador.

Crane asked Noem if she supported suspending habeas corpus, something that top Trump officials such as Deputy White House Chief of Staff Stephen Miller have floated.

Habeas corpus allows people who believe they are being unlawfully detained to petition for their release in court, and it’s used to challenge immigration detention. It’s currently the only avenue that Venezuelans subject to the Alien Enemies Act of 1798 have to challenge their deportation under the wartime law.

“That’s not in my purview to weigh in on,” Noem said. “This is the president’s prerogative to pursue, and he has not indicated to me that he will or will not be taking that action.”

The U.S. Constitution allows for habeas corpus to be suspended “in Cases of Rebellion or Invasion the public Safety may require it.”

Crane argued that unauthorized immigration counted as an “invasion,” and therefore could be used to suspend habeas corpus.

Habeas corpus has been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

FEMA dismantling

Thompson grilled Noem about the president’s comments wanting to dismantle FEMA.

Noem said that she is supportive of Trump’s policy.

“The president has been clear that he wants to empower states to give them the opportunity to build out their response,” she said.

She said that while the federal government will be there for support, that local and state governments “know what they need.”

Thompson asked Noem if she had a plan for the federal government responding to natural disasters.

Noem said while there is nothing in writing, “the White House is coming forward with a plan…that will be making recommendations.”

GOP Rep. Carlos Gimenez of Florida, said that while he supports efforts to “reform FEMA,” he stressed to Noem that “we can’t leave those who can’t fend for themselves.”

20 state AGs sue feds for tying transportation and disaster funding to immigration enforcement

Federal funding for the Washington Bridge demolition and rebuild project faces new uncertainty under new executive directives tying infrastructure grants to states’ cooperation with federal immigration policies. (Photo by Christopher Shea/Rhode Island Current)

This story first appeared on the Rhode Island Current.

There’s no reason why money for road repairs and flood protections should hinge upon states’ cooperation with federal immigration policies, contend 20 Democratic states attorneys general.

That’s why the AGs are asking a federal judge to stop federal agencies from a “grant funding hostage scheme” that requires detaining undocumented immigrants who don’t commit crimes in order to receive key federal grants and aid.

Two new federal lawsuits filed in U.S. District Court in Rhode Island Tuesday against the U.S. Department of Homeland Security (DHS) and U.S. Department of Transportation (DOT) aim to protect and preserve billions of federal dollars already awarded to states for emergency preparedness, disaster relief and infrastructure projects.

Directives issued in April by DHS and DOT secretaries informed states that their federal funding required compliance with federal immigration policies. The AGs — representing Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Washington, Wisconsin and Vermont — allege this violated constitutional protections for separation of powers.

“By hanging a halt in this critical funding over States like a sword of Damocles, Defendants impose immense harm on States, forcing them to choose between readiness for disasters and emergencies, on the one hand, and their judgment about how best to investigate and prosecute crimes, on the other,” the lawsuit against DHS, the Federal Emergency Management Agency (FEMA) and the U.S. Coast Guard, and their leaders, states.

“Defendants’ grant funding hostage scheme violates two key principles that underlie the American system of checks and balances: agencies in the Executive Branch cannot act contrary to the authority conferred on them by Congress, and the federal government cannot use the spending power to coerce States into adopting its preferred policies. Defendants have ignored both principles, claiming undelegated power to place their own conditions on dozens of grant programs that Congress created and bulldozing through the Constitution’s boundary between state and federal authority.”

The AGs say state and local public safety officials have more important work to do than cater to the whims of a new administration, which stand in contradiction to state-level directives like, for example, authorizing licenses for undocumented immigrants. Rhode Island lawmakers granted driving privileges for undocumented residents in 2022, with a July, 1 2023 effective date, joining 19 other states and D.C.

Federal protocols followed by U.S. Immigrations and Customs Enforcement (ICE) and other agencies could force state and local police to use state license laws as a way to find and detain undocumented immigrants.

“As a former U.S. Attorney and former federal prosecutor, I know how many ICE agents are in Rhode Island and it’s under 10,” Rhode Island Attorney General Peter Neronha, said during a virtual news conference Tuesday. “What they need in order to carry out their agenda is for us to do the work for them, pulling us away from important law enforcement work in Rhode Island.”

No state has seen federal funding cut off since directives were issued by U.S. Homeland Security Secretary Kristi Noem and U.S. Transportation Secretary Sean Duffy. Not yet.

States’ abilities to respond to natural disasters and security threats, and complete key infrastructure projects, including the much-anticipated rebuild of the westbound Washington Bridge in Rhode Island, hinge upon a continued flow of congressionally authorized federal grants and aid.

The $221 million Biden-era infrastructure grant awarded to Rhode Island for the Washington Bridge project only became accessible in late March, after weeks of uncertainty in the wake of the administration change. Gov. Dan McKee’s office and the Rhode Island Department of Transportation did not immediately respond to inquiries for comment Tuesday regarding continued access to the funds in the wake of Duffy’s April 24 directive tying federal infrastructure grants to compliance with federal diversity and immigration policies.

The Duffy directive fails to provide any statutory or legal explanation for why transportation funding relates to immigration enforcement. The new requirements  jeopardize more than $628 million in federal funding in Rhode Island, and billions of dollars more across the country, the AGs argue in their lawsuit against Duffy and DOT.

“If Plaintiff States reject Defendants’ unlawful Immigration Enforcement Condition, they will collectively lose billions in federal funding that is essential to sustain critical public safety and transportation programs, including highway development, airport safety projects, protections against train collisions, and programs to prevent injuries and deaths from traffic accidents. The loss of this funding will cause state and local providers to scale back or even terminate many of these programs and projects,” the complaint states. “More cars, planes, and trains will crash, and more people will die as a result, if Defendants cut off federal funding to Plaintiff States.”

Similarly dire predictions accompany the loss of security and disaster funds, which includes $3 billion in FEMA money to states each year, according to the lawsuit against DHS. Rhode Island received more than $45 million in FEMA grants in 2024 alone, according to the lawsuit.

The new complaints reprise language of the 20 state AG lawsuits against the Trump administration that preceded them, calling the executive agencies’ actions “arbitrary and capricious” and in clear violation of constitutional separation of powers and spending clauses.

Neronha during the press conference pointed to the success that AGs have had in other lawsuits, temporarily preserving funding and policy protections for education, immigration, research funding, public health, and grants and aid to state governments, among others.

Not that he expects the frenzy of legal activity will abate anytime soon.

“As we stack wins against the Trump administration for violation of the Constitution and other federal laws, what we are seeing is a creeping authoritarianism in this country,” Neronha said. “The president is trying to take power for himself. He’s trying to sideline Congress, and now, he’s attempting to undermine the judiciary.”

Neronha likened the latest federal directives attempting to force states to redirect their own law enforcement to serve federal civil immigration policies to “holding a gun to states’ heads.”

Rhode Island, home to four of the 20 federal lawsuits against the Trump administration already, was again picked as the setting for the latest complaints due to the “strong team” within Neronha’s office, he said.

Neronha and other AGs bringing the two cases against the administration also stressed the sum of their collaborative parts.

“We’ve built the best and biggest law firm in the country, and we’re fighting for all Americans,” Neronha said.

The U.S. Department of Justice did not immediately respond to requests for comment on Tuesday.

The lawsuit against DOT was assigned to U.S. District Chief Judge John Jr. McConnell Jr., while the case against DHS was assigned to Senior District Judge William E. Smith, according to the public court docket.

Rhode Island Current is part of States Newsroom, a national nonprofit news organization.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Noem revokes temporary deportation protections for some Afghans in the U.S.

U.S. Department of Homeland Security Secretary Kristi Noem walks past reporters after doing a TV interview with Fox News outside of the White House on March 10, 2025 in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

U.S. Department of Homeland Security Secretary Kristi Noem walks past reporters after doing a TV interview with Fox News outside of the White House on March 10, 2025 in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — Department of Homeland Security Secretary Kristi Noem Monday announced about 9,000 Afghans living in the United States who had been protected from deportation will no longer be shielded as of mid-July.

After the United States withdrew from Afghanistan in 2022, the Biden administration designated Temporary Protected Status, along with other legal temporary status pathways, for thousands of Afghans who aided the U.S. against the Taliban terrorist group and fled their home country. Thirteen U.S. military members were killed in the chaotic withdrawal at the Kabul airport.

About 80,000 Afghans came to the U.S. and settled in various programs that offered legal protections and work authorization. Of that group, 9,000 were designated TPS.

TPS is granted to nationals whose home country is deemed too dangerous to return due to violence or disasters.

The TPS designation for Afghanistan will expire on May 20 and deportation protections will lift on July 12. The order is likely to face legal challenges, since Noem’s moves to curtail TPS for other nationals have faced lawsuits.

“This administration is returning TPS to its original temporary intent,” Noem said in a statement. “We’ve reviewed the conditions in Afghanistan with our interagency partners, and they do not meet the requirements for a TPS designation. Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent(s) them from returning to their home country.”

The termination of the status comes as the Trump administration fast-tracked the classification of refugees for white South Africans who landed in the U.S. Monday at Dulles International Airport in Virginia.

President Donald Trump signed an executive order in February that noted Afrikaners — an ethnic group in South Africa made up of European descendants, predominantly Dutch — are “victims of unjust racial discrimination” after South Africa’s government passed a land ownership law in an effort to address land dispossession that occurred under apartheid.

The Trump administration suspended all refugee services in late January and has resisted a district court’s order to reinstate the program, along with contracts to organizations that facilitate refugee resettlement services.

Noem said that determination to end TPS for Afghanistan was based on a review from U.S. Citizenship and Immigration Services on Afghanistan’s conditions along with input from the State Department.

The Taliban currently control the government and the State Department’s travel advisory for the country is the highest level, a 4, which means it advises against traveling.

DHS added in a statement that Noem “further determined that permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”

Noem has also ended TPS for Venezuelans and Haitians.

The Trump administration asked the U.S. Supreme Court in early May to lift a lower court’s order that reversed Noem’s decision to end TPS for one group of Venezuelans. 

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

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

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

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

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

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

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

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

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

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

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

Baraka was walked away by masked agents and plainclothes officers.

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

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

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

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

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

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

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

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

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

“See my children,” he said.

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

‘Out of control’: Kristi Noem on defense over Homeland Security spending overrun

Homeland Security Secretary Kristi Noem arrives for a Senate Appropriations Committee hearing in the Dirksen Senate Office Building on Capitol Hill on Thursday, May 8, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

Homeland Security Secretary Kristi Noem arrives for a Senate Appropriations Committee hearing in the Dirksen Senate Office Building on Capitol Hill on Thursday, May 8, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

WASHINGTON  — The top Democrat on a U.S. Senate Appropriations Committee panel Thursday slammed Department of Homeland Security Secretary Kristi Noem for her handling of her agency’s funding and the Trump administration’s immigration crackdown.

Sen. Chris Murphy warned Noem that DHS is at risk of running out of its $65 billion in funding by July – two months before the end of the fiscal year – and therefore close to triggering the Antideficiency Act, a federal law prohibiting government agencies from spending funds in excess of their appropriations. 

“Your department is out of control,” the Connecticut Democrat told Noem. “You are running out of money.”

Noem, who appeared before the Senate Appropriations Subcommittee on Homeland Security, was also grilled by Democrats about the high-profile case of a wrongly deported Maryland man sent in March to a notorious prison in El Salvador.

The White House’s “skinny” budget proposal suggests $107 billion for DHS starting Oct. 1, and assumes that Republicans pass the reconciliation package under consideration to allocate a massive $175 billion overall in border security.  

“If we now live in a world in which the administration spends down the accounts that were priorities for Republicans and does not spend down the priorities that were priorities for Democrats, I don’t know how we do a budget,” Murphy said.

Sen. Patty Murray, top Democrat on the full Senate Appropriations Committee, slammed Noem for not following “our appropriations laws.”

She was critical of how immigration enforcement has caught up U.S. citizens and immigrants with protected legal statuses.

“Your crackdown has roped in American citizens and people who are here legally with no criminal record,” the Washington Democrat said. 

She also criticized Noem for spending $100 million on TV ads that range from praising the president to warning migrants not to come to the United States or to self-deport.

Noem in addition launched this week an initiative to provide up to $1,000 in “travel assistance” to immigrants without legal authorization to self-deport, which would amount to $1 billion if President Donald Trump’s goal of deporting 1 million people is met. The source of those funds in the DHS budget is unclear. 

Murray asked Noem about more than $100 billion in DHS funds not being used or re-programmed elsewhere for immigration enforcement, and called it “an illegal freeze.”

She then asked Noem when DHS would unfreeze those funds.

Noem did not answer and instead blamed the Biden administration, and said the previous administration “perverted” how the funds were used.

Murray said she did not think it was “credible that $100 billion is used to break the law.”

“I am very concerned that DHS is now dramatically over-spending funding that Congress has not provided,” Murray said. “We take our responsibility seriously to fund your department and others. We need to have answers, we need to have accountability, and we need to make sure you’re not overspending money that you were not allocated.”

Abrego Garcia deportation

Noem got into a heated exchange with one of the Democrats on the panel, Maryland Sen. Chris Van Hollen, who traveled to El Salvador to speak with wrongly deported Kilmar Abrego Garcia. The Trump administration has admitted his deportation was an “administrative error.”

The U.S. Supreme Court unanimously ruled that the Trump administration must “facilitate” the return of Abrego Garcia, who was sent initially to brutal CECOT but is now housed in another prison.

Van Hollen asked Noem what DHS has done to bring back Abrego Garcia, who had a 2019 court order barring his return to his home country of El Salvador for fear he would be harmed by gang violence.

Noem did not answer what steps the Trump administration was taking and said that because Abrego Garcia is a citizen of El Salvador, he is in that nation’s custody and cannot be brought back.

Trump has contradicted his own administration, stating that if he wanted to bring back Agrego Garcia he would, but won’t because he believes Abrego Garcia has gang ties.

While Trump officials like Noem have alleged that Abrego Garcia has ties to the MS-13 gang, no evidence has been provided in court and federal Judge Paula Xinis, who is presiding over the case, called the accusations “hearsay.”

Noem then questioned why Van Hollen was advocating for Abrego Garcia in the first place.

“Your advocacy for a known terrorist is alarming to me,” she said.

Van Hollen said that he was advocating for due process, which the Trump administration has been accused of skirting in its deportations. A federal judge in Louisiana next week plans to hold a hearing to determine if the Trump administration violated due process in deporting a 2-year-old U.S. citizen and her mother to Honduras.

Murphy also pressed Noem on the issue and asked how she was coordinating with El Salvador for Abrego Garcia’s release.

“There is no scenario where Abrego Garcia will be returned to the United States,” she said.

Noem then said that even if Abrego Garcia were returned to the U.S., “we would immediately deport him again.”

GOP worried about students, TPS holders

Some Republicans on the panel, including the committee chair, raised concerns with Noem about how the Trump administration’s immigration crackdown is affecting students with visas.

“There are so many others who do deserve scrutiny,” said Chairwoman Susan Collins, a Maine Republican, who said she was worried about students from Canada who attend school in her home state. “But these are dually enrolled Canadian students, and they’ve been crossing the border for years without trouble.” 

She said Canadian students are being stopped by U.S. Customs and Border Protection and given intense screenings.

“They have student visas, but they’re being subjected to extensive searches and questioning,” she said to Noem. “I don’t want us to discourage Canadian students from studying at the northern Maine institutions that we have for education.”

Noem said she would look into it.

Alaskan Republican Sen. Lisa Murkowski raised the issue of paperwork not being processed for those with Temporary Protected Status in her state. TPS is granted to those who come from a country that is considered too dangerous or unstable to return to due to war, natural disasters or other instability.

Murkowski said several groups of immigrants in her state with temporary protected status and humanitarian protection are at risk of losing their work protections, such as Afghans, Haitians, Venezuelans and Ukrainians.  

“The majority of these folks are just truly valued members of their new community,” Murkowski said. “They’re helping us meet workforce needs and really contributing to the tax base here. They’ve expressed great concern about their status and work authorizations that may be revoked or allowed to expire.”

She said that U.S. Citizenship and Immigration Services has not processed TPS or humanitarian protection renewals for up to five months.

Noem said that those with TPS are being looked at, and admitted that some Ukrainians got an erroneous email that notified them their status was revoked.

She said DHS has not made a decision on whether or not to renew TPS for Ukrainians, who were granted the status due to Russia’s ongoing invasion of the country.

“Some of these TPS programs have been in place for many, many years, but the evaluation on why TPS should be utilized and when it can be utilized by a country is the process that the administration is going through,” Noem said. 

FEMA leader ousted, one day after publicly opposing agency’s elimination

Cam Hamilton, at the time senior official performing the duties of the administrator at FEMA, testifies before a House Appropriations subcommittee on May 7, 2025. (Screenshot from House webcast)

Cam Hamilton, at the time senior official performing the duties of the administrator at FEMA, testifies before a House Appropriations subcommittee on May 7, 2025. (Screenshot from House webcast)

WASHINGTON — The Trump administration has ousted the leader of the Federal Emergency Management Agency and replaced him with another official, States Newsroom has confirmed.

Cam Hamilton, senior official performing the duties of the administrator at FEMA, was let go just one day after he testified before Congress about the size and scope of the federal agency.

President Donald Trump and Homeland Security Secretary Kristi Noem have both indicated they could support getting rid of FEMA and Trump has established a FEMA reform council to assess the agency’s role.

But during his testimony Wednesday before the House Appropriations Homeland Security Subcommittee, Hamilton said he personally did “not believe it is in the best interest of the American people to eliminate the Federal Emergency Management Agency.”

“Having said that, I’m not in a position to make decisions and impact outcomes on whether or not a determination such as consequential as that should be made,” Hamilton said. “That is a conversation that should be had between the president of the United States and this governing body on identifying the exact ways and methodologies, in which, what is prudent for federal investment, and what is not.”

Hamilton, a former Navy Seal and combat medic, said earlier in the hearing that he had served in five different administrations, but that the “highest honor of my career is serving right now in the Trump administration. Keeping the American people first.”

A Department of Homeland Security spokesperson confirmed to States Newsroom on Thursday that Hamilton was no longer in the lead role at FEMA, but opted not to detail why exactly the personnel change happened.

“Mr. David Richardson will be the senior official performing the duties of the Administrator,” the DHS spokesperson wrote in an email.

A FEMA spokesperson confirmed the firing as well, writing that “(e)ffective today, David Richardson is now serving as the Senior Official Performing the duties of the FEMA Administrator. Cameron Hamilton is no longer serving in this capacity.”

DHS Assistant Secretary for Public Affairs Tricia McLaughlin released a statement Friday saying the administration had named Hamilton as the senior adviser for school safety in the Office of Elementary & Secondary Education at the Department of Education.

Richardson was appointed the assistant secretary of Countering Weapons of Mass Destruction Office at the Department of Homeland Security in January, according to his biography

House Appropriations Committee ranking member Rosa DeLauro, D-Conn., released a statement saying the “Trump administration must explain why he has been removed from this position.

“Integrity and morality should not cost you your job, and if it does, it says more about your employer than it does you.”

Florida Democratic Rep. Debbie Wasserman Schultz, a senior member of the Appropriations Committee, wrote in a statement that firing “FEMA’s chief just three weeks before hurricane season begins shows how little President Trump cares about Floridians’ and Americans’ safety.

“The added cruelty of his timing — a day after acting Administrator Hamilton publicly opposed dismantling the agency during a Congressional budget hearing — sends a chilling message from Trump that every American is on their own and that Trump Administration officials cannot be trusted to offer their candid, expert opinion to Congress or anyone, without consequences.”

DHS offers $1,000 to immigrants without legal status who self-deport

U.S. Department of Homeland Security Secretary Kristi Noem walks past reporters after doing a TV interview with Fox News outside of the White House on March 10, 2025 in Washington, D.C.  (Photo by Anna Moneymaker/Getty Images)

U.S. Department of Homeland Security Secretary Kristi Noem walks past reporters after doing a TV interview with Fox News outside of the White House on March 10, 2025 in Washington, D.C.  (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — The U.S. Department of Homeland Security announced Monday that the agency will provide $1,000 in what it called “travel assistance” to people in the United States without permanent legal status if they self deport.

It’s the latest attempt by DHS to try to meet the Trump administration’s goal of removing 1 million migrants without permanent legal status from the country. DHS Secretary Kristi Noem touted the option as cost-effective.

“If you are here illegally, self-deportation is the best, safest and most cost-effective way to leave the United States to avoid arrest,” Noem said in a statement. “This is the safest option for our law enforcement, aliens and is a 70% savings for US taxpayers.”

It’s unclear from which part of the DHS budget the funding for the travel assistance is coming, as it would roughly cost $1 billion to reimburse up to $1,000 to meet the goal of removing 1 million people.

DHS did not respond to States Newsroom’s request for comment.

President Donald Trump gave his support for the move Monday afternoon, according to White House pool reports. 

“We’re going to get them a beautiful flight back to where they came from,” the president said.

Self-deportation would be facilitated by the CBP Home app, which was used by the Biden administration to allow asylum seekers to make appointments with U.S. Customs and Border Protection.

The payment would apparently not be made in advance. DHS said that once those who use the app to self deport arrive in their home country, they will receive a travel stipend of $1,000.

According to DHS, the Trump administration has deported 152,000 people since taking office in January. The Biden administration last year deported 195,000 people from February to April, according to DHS data.

DHS said already one migrant has used the program to book a flight from Chicago to Honduras.

“Additional tickets have already been booked for this week and the following week,” the agency said in a statement.

The Trump administration has rolled out several programs to facilitate mass self-deportations, such as a registry to require immigrants in the country without legal authorization to register with the federal government.

Immigrants who don’t register with the federal government could face steep fines and a potential prison sentence. 

U.S. House committees approve first three sections of spending and policy package

The U.S. Capitol on March 14, 2024. (Photo by Jennifer Shutt/States Newsroom)  

The U.S. Capitol on March 14, 2024. (Photo by Jennifer Shutt/States Newsroom)  

WASHINGTON — Three U.S. House committees on Tuesday approved the first few bills that will make up Republicans’ massive reconciliation package after rejecting numerous Democratic amendments.

The Armed Services, Homeland Security, and Education and Workforce committees each voted mostly along party lines to send their measures to the Budget Committee, which is expected to bundle them together with the other eight bills later this month.

The additional House committee markups are scheduled to take place Wednesday and next week. Speaker Mike Johnson, R-La., hopes to put the entire package on the floor for a vote before the Memorial Day recess begins.

Nearly every one of the chamber’s 220 GOP lawmakers will need to vote to approve the 11-bill package in order to send it to the Senate, where Republicans will likely make changes to the legislation.

The first three markups included some of the less controversial aspects of the package for Republicans, including plans to increase spending on defense by $150 billion, a $70 billion boost to border security funding and an overhaul of federal student loans and Pell grants.

Homeland Security Chairman Mark E. Green, R-Tenn., wrote in a statement that GOP lawmakers on the panel “advanced funding to give Border Patrol agents the tools they have long requested to accomplish their homeland security mission in the field while protecting our communities.”

“Conversely, the actions of our colleagues across the aisle today proved what the American people have known for some time,” Green wrote. “Democrats would rather advocate for a radical, open-borders agenda than for the safety of their own constituents, or the CBP personnel who suffered through a historic border crisis under the Biden-Harris administration.”

The panel voted 18-14 along party lines to approve the bill. 

Education and Workforce Committee Chairman Tim Walberg, R-Mich., wrote in a statement after his panel approved its bill that the measures “not only would save taxpayers over $350 billion but also bring much-needed reform in three key areas: simplified loan repayment, streamlined student loan options, and accountability for students and taxpayers.”

“I’m proud of the Committee’s work today to finally stand up and end the status quo of endless borrowing,” Walberg wrote.

That panel voted 21-14 along party lines to approve its bill.

House Armed Services Committee Chairman Mike Rogers, R-Ala., wrote the defense funding increase would ensure “that our national defense remains the strongest in the world and supports an agile and modern fighting force.”

That committee voted 35-21 to advance its bill, with five Democrats — Don Davis of North Carolina, Jared Golden of Maine, Gabe Vasquez of New Mexico, Eugene Vindman of Virginia and George Whitesides of California — voting with all committee Republicans in favor.

House committees are expected to release bills next week showing how Republicans plan to extend the 2017 GOP tax law as well as how they plan to cut federal funding on Medicaid and the Supplemental Nutrition Assistance Program, or SNAP, program. 

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