Department of Homeland Security Secretary Kristi Noem at a Nashville press conference on July 18, 2025, to discuss arrests of immigrants during recent Immigration and Customs Enforcement sweeps. (Photo by John Partipilo/Tennessee Lookout)

WASHINGTON — A panel of appellate judges Wednesday heard a challenge from civil rights groups to the Trump administration’s decision to revoke an extension, as well as end, temporary protections for nearly 1 million immigrants from Haiti and Venezuela. 

The challenge comes from the National TPS Alliance, which represents immigrants with Temporary Protected Status because their home country is deemed too dangerous to return to due to violence, war, natural disasters or other instability. 

The hearing came two weeks after the U.S. military actions in Venezuela, where the country’s president and his wife were captured and brought to New York City to face an indictment. 

Despite the upheaval in the Venezuelan government from the U.S. operation, the Trump administration has continued to move forward with stripping TPS for more than 600,000 Venezuelans. 

Before Homeland Security Secretary Kristi Noem vacated extended protections put in place by the Biden administration, TPS for Venezuelans was set to expire in October. TPS for roughly 330,000 nationals from Haiti is set to expire Feb. 3, which the panel of judges acknowledged could make the issue of TPS for Haiti moot.

Ahilan T. Arulanantham, from the UCLA Center for Immigration Law, who is representing the National TPS Alliance, said there are members in all 50 states who are experiencing harm as a result of their TPS being terminated by the Trump administration.

He said some of those harms include “people separated from their infant children, families deported, people detained, lots of people detained.”

The panel of judges from the 9th Circuit Court of Appeals in Wednesday’s oral arguments are Kim McLane Wardlaw, Salvador Mendoza, Jr. and Anthony D. Johnstone. 

Former President Bill Clinton nominated Wardlaw and former President Joe Biden nominated Mendoza and Johnstone.

DOJ says Supreme Court in agreement

Department of Justice attorney Sarah Welch said because the Supreme Court has twice granted the Trump administration’s request to move forward with TPS termination for Venezuelans, the high court must have determined the Trump administration was likely to prevail in court. 

A lower court in December found that Noem’s decision to vacate protections for Venezuelans and end their TPS destination was unlawful.  

Wardlaw questioned how the Supreme Court’s decision, which was made on an emergency basis and gave no reasoning, impacted the case before the panel.

Welch said the Supreme Court “must have concluded that we were likely to succeed on the merits of that claim, whether or not it provided reasoning published in an opinion.”

Arulanantham said the Supreme Court’s orders regarding TPS for Venezuelans are “not precedent because the Supreme Court does not treat them as precedent.” He added that in the past, the Supreme Court has reversed its initial rulings, especially those made on an emergency basis. 

He also pushed back against Welch’s argument that Noem had the statutory authority to vacate an extension granted under TPS for Venezuelans. 

“The statute says once you have made an extension, it lasts for the time prior that’s given in the Federal Register notice,” Arulanantham said, referring to the TPS statute.

He added that the authority to vacate a TPS extension that Noem claimed is “nowhere written in the statute.” 

U.S. Rep. Ilhan Omar, D-Minn., left, and Rep. Angie Craig, D-Minn., arrive at the regional ICE headquarters at the Bishop Henry Whipple Federal Building on Jan. 10, 2026 in Minneapolis, Minnesota. The lawmakers attempted to access the facility where the Department of Homeland Security has been headquartering operations in the state. (Photo by Stephen Maturen/Getty Images)

WASHINGTON — A dozen Democratic members of Congress Monday asked a federal judge for an emergency hearing, arguing the Department of Homeland Security violated a court order when Minnesota lawmakers were denied access to conduct oversight into facilities that hold immigrants.

The oversight visits to Minneapolis ICE facilities followed the deadly shooting of 37-year-old Renee Good by federal immigration officer Jonathan Ross. Federal immigration officers have intensified immigration enforcement in the Twin Cities following the shooting, leading to massive protests there and across the country. 

“On Saturday, January 9—three days after U.S. citizen Renee Good was shot dead by an ICE agent in Minneapolis—three members of Congress from the Minnesota delegation, with this Court’s order in hand, attempted to conduct an oversight visit of an ICE facility near Minneapolis,” according to Monday’s filing in the District Court for the District of Columbia. 

Democratic U.S. Reps. Ilhan Omar, Angie Craig and Kelly Morrison of Minnesota said they were denied entry to the Bishop Henry Whipple Federal Building shortly after arriving for their visit on Saturday morning.

Lawmakers said in the filing the Minnesotans were denied access due to a new policy from Homeland Security Secretary Kristi Noem. The new Noem policy, similar to one temporarily blocked by U.S. Judge Jia Cobb last month, requires seven days notice for lawmakers to conduct oversight visits.

“The duplicate notice policy is a transparent attempt by DHS to again subvert Congress’s will … and this Court’s stay of DHS’s oversight visit policy,” according to the new filing by lawyers representing the 12 Democrats.

DHS cites reconciliation bill

Noem in filings argued the funds for immigration enforcement are not subject to a 2019 appropriations law, referred to as Section 527, that allows for unannounced oversight visits at facilities that hold immigrants.

She said that because the facilities are funded through the “One, Big, Beautiful Bill Act” passed and signed into law last year, the department does not need to comply with Section 527.

The OBBBA, passed through a congressional process called reconciliation, is allowed to adjust federal spending even though it is not an appropriations law.

“This policy is consistent with and effectuates the clear intent of Congress to not subject OBBBA funding to Section 527’s limitations,” according to the Noem memo.  

Congress is currently working on the next funding bill for the Department of Homeland Security. The lawmakers in their filing argue “members of Congress must be able to conduct oversight at ICE detention facilities, without notice, to obtain urgent and essential information for ongoing funding negotiations.”

“Members of Congress are actively negotiating over the funding of DHS and ICE, including consideration of the scope of and limitations on DHS’s funding for the next fiscal year,” according to the filing.

The Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.

Neguse, the lead plaintiff in the case, said in a statement that the “law is crystal clear.”

“Instead of complying with the law, DHS is abrogating the court’s order by re-imposing the same unlawful policy,” he said. “Their actions are outrageous and subverting the law, which is why we are going back to court to challenge it — immediately.”

A screenshot from a video released by the Wisconsin State Public Defender that shows a youth in detention being restrained and beaten by staff at the Jonathan Delagrave Youth Development and Care Center in Caledonia on May 27, 2025.

The Wisconsin State Public Defenders Office released a video Tuesday of an incident involving a staff member repeatedly punching a then-15-year-old at a juvenile detention center.

The incident took place on May 27 and involved a youth at the Jonathan Delagrave Youth Development and Care Center in Caledonia.

 The video appears to show four staff members directing him to move from a spot by a wall in a hallway, possibly to a nearby room, and Elliott not moving. After a staff member swung at him, the situation devolved into a struggle. Elliott was struck repeatedly by staff before and after he was on the ground.

The incident occurred less than a month after the 48-bed facility opened on May 1, the State Public Defenders Office (SPD) said. According to the SPD, the teen had bruises, swelling on his right eye, blurred vision and headaches, scrapes and cuts and dried blood in his ear, based on records from evaluations arranged by the facility. 

“To the parents who have kids in a detention center, check on your babies,” said Kianna Reed, his mother.

The SPD wants its client immediately transferred from the facility and placed in a group home “where he can receive specialized therapy and support.”

“The people in this video should have never been entrusted with caring for children. This is a sickening act of violence,” State Public Defender Jennifer Bias said in a statement. 

The family is looking for an attorney for a civil lawsuit against Racine County, the SPD said. 

In the SPD release, Reed said that “seeing that video and knowing my son is still in that facility is terrifying,” and that “the staff need proper training and accountability.”

In a statement emailed to the Examiner, a Racine County spokesperson described the publicly released video as a partial record of a longer incident  and said that staff’s interaction with the youth took place over several minutes. It said the youth clenched his fists and made multiple threats of physical violence to other juveniles and staff.

“Maintaining the safety of youth and staff in our facilities is our highest priority,” Amberlyn Yohn, administrator of youth rehabilitation services, said in the county’s statement. “Situations like this are complex and unfold quickly. While one employee’s actions became the focus of this incident, our broader team followed established protocols and cooperated fully with the review process.”

The county commits to making sure staff have the training, oversight and support needed for managing difficult situations, Yohn said.

The “primarily involved staff member” was immediately placed on administrative leave after the incident and resigned within three days, Racine County said in a statement emailed to the Examiner. According to the Milwaukee Journal Sentinel, his name is Robert Knight, and he told the Journal Sentinel his actions were justified based on Elliott’s history at the center. He disputed that he resigned because of the investigation.

A different worker seen repeatedly striking the teen was ordered to complete eight hours of remedial training and appears to still be employed at the facility, according to the public defender’s office. Three of the four staff members involved are still employed at the center, according to the public defender’s office, which obtained records showing the staff’s employment status.

Knight said her son was displaying signs of aggression at the time of the incident, according to the Journal Sentinel. He said he intended to force the boy back rather than strike him.

The teen had been found guilty of charges of retail theft and obstructing an officer.

A new alternative

Efforts to close the Lincoln Hills facility have not yet proven successful, and its location makes it difficult for youth there to maintain contact with their community and families.

Years after a 2017 lawsuit filed over abuses, Gov. Tony Evers announced in October that the state had reached full compliance with all of the court-ordered reforms. The Department of Corrections’ website describes plans to build smaller facilities and keep youth closer to home.

In addition, the state has awarded money to counties to establish Secure Residential Care Centers for Children and Youth (SRCCCY). Milwaukee’s is expected to open in 2026; Racine’s is the only one that is currently open. The county website says it provides a “structured and rehabilitative environment for male youth.”

The facility was built as an alternative to the Lincoln Hills and Copper Lake youth prisons, the SPD said in its release. Some juvenile offenders can now go to the facility instead of Lincoln Hills, Eileen Fredericks, the SPD’s youth defense practice coordinator, told the Examiner.

Fredericks said that “we only have one, and then shortly after it opens, we have this really serious incident.”

The county’s website says that youth are placed in the SRCCCY under a statute that requires that the youth committed an act that would carry a sentence of six months or more if the youth were an adult. The youth also must have been found to be a danger to the public and in need of restrictive custodial treatment.

In the weeks before the facility opened in May, the Racine County Eye reported that officials said the center is a more cost-effective and compassionate alternative to state-run youth correctional facilities such as Lincoln Hills.

According to the public defender’s office, at the time of the incident, the teen was a few weeks into a five and a half-month period of participation in the SRCCCY’s RISE-UP program. He has been in detention consistently since December 2024, the SPD office said.

In the SPD’s release, Bias argued that building “shiny new prisons” won’t prevent situations like what happened to the teen. 

“We need meaningful reforms to the way our children are treated in the juvenile justice system,” Bias said. “We need judges who will prioritize alternatives to incarceration and detention workers who value care over punishment.”

Fredericks said she wants “these kids to be seen as kids” and that “there’s kind of this mindset that they’re less than kids, because they’ve done something wrong.”

Transparency concern

Bias accused the county of seeking to “sweep this incident under the rug.” The public defender’s office called for a “full-scale” investigation into conditions at the facility and the qualifications of staff members who interact with children. 

Reed told the Examiner she did not see any of the video released Tuesday by the SPD until October. 

In its statement, the county said that immediately after the May 27 incident, the mother of the youth and the Wisconsin Department of Corrections were notified. The Examiner reached out to the DOC and was told that the Jonathan Delagrave facility is county-run, and questions regarding personnel or those housed there are best directed to Racine County. 

The county said important privacy protections for juveniles must be respected, but that the county has been and remains transparent in its response to the incident. 

Law enforcement and independent human services agencies fully investigated and reviewed the incident, the county said. The details of the investigation and relevant video were provided to the Racine County District Attorney’s Office, which declined to pursue prosecution, the county said.

Warning: the video released by the Wisconsin State Public Defender’s Office contains graphic footage of violence against a child.

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There were 105 immigration arrests in October at a horse racetrack in Wilder, Idaho. Idaho saw one of the country’s largest increases in immigration arrests this year through mid-October compared with the same period in the Biden administration. (Photo courtesy of ACLU of Idaho)

Immigration arrests under the Trump administration continued to increase through mid-October, reaching rates of more than 30,000 a month. But, rather than the convicted criminals the administration has said it’s focused on, an ever-larger share of those arrests were for solely immigration violations.

In 45 states, immigration arrests more than doubled compared with the same period last year, during the Biden administration. The largest increases: There were 1,190 arrests in the District of Columbia compared with just seven last year under the Biden administration. Arrests were also more than five times higher in New Mexico, Idaho, Oregon and Virginia.

“The result stands in contrast to the administration’s objective of arresting the ‘worst of the worst,’” said Ariel Ruiz Soto, a senior policy analyst at the nonpartisan Migration Policy Institute. Heightened enforcement is likely increasing “collateral” arrests of people found during searches for convicted criminals, he said.

Comparisons between the Trump and Biden administrations were calculated by Stateline in an analysis of data released by the Deportation Data Project, a research initiative by the universities of California at Berkeley and Los Angeles. About 93% of arrests could be identified by state.

While more people were arrested this year, a lower percentage are convicted criminals.

The share of arrested immigrants who had been convicted of violent crimes has dropped from 9% in January to less than 5% in October. The share under Biden was consistently between 10% and 11% during the same period in 2024.

The same trend applies to people arrested solely on immigration violations: Immigration violations alone were behind 20% in April, then rose to 44% of arrests in October, according to Stateline’s analysis.

In some states and the District of Columbia, a majority of arrests were for immigration violations alone: the District of Columbia (80%), New York (61%), Virginia (57%), Illinois (53%), West Virginia (51%) and Maryland (50%).

States with high immigrant populations also saw the most arrests this year. The largest numeric increases were in Texas (up 29,403, triple last year’s figure), Florida (up 14,693, a fourfold increase) and California (up 13,345, a fourfold increase).

The two states with the largest arrest rate increases have responded very differently to President Donald Trump’s deportation mission.

“We’re going to resist like all of the Democratic states,” New Mexico Democratic Gov. Michelle Lujan Grisham said in an interview with The Santa Fe New Mexican after last year’s election, referring to mass deportation plans. She proposed legislation to ban U.S. Immigration and Customs Enforcement detention facilities in the state. The legislation failed this year, but Lujan Grisham urged the state legislature to reconsider next year. The state has three privately run ICE detention centers with the capacity for 2,000 people.

Idaho’s Republican governor, Brad Little, is helping ICE under a 287(g) agreement by transporting what his office calls “highly dangerous illegal alien criminals” from county jails to federal custody. The 53 men pictured on the governor’s website have charges ranging from drug possession to sexual assault.

In a news release, the office says the program is intended to take people “after the completion of their sentences,” though an October review by the Idaho Capital Sun found some were transported despite dismissed or still-pending charges.

Nationally, arrests have increased this year from around 17,000 in February, the first full month of President Donald Trump’s current term, to more than 30,000 in September and October. The share of convicted criminals has dropped from 46% to 30%, though the number of convicted criminals arrested still has been higher each month than under President Joe Biden.

Some of the policies that have fed increased arrest numbers face new court battles. This month, a federal judge blocked the administration from making immigration arrests in the District of Columbia without warrants or probable cause.

In August, a federal court blocked the administration’s expansion of expedited removal, which itself allows fast deportations without judicial review. The administration has appealed, arguing that immigrants who have been in the country for less than two years without legal authorization are not guaranteed due process.

Such fast deportations could be used on 2.5 million people, according to a Migration Policy Institute estimate published in September, including 1 million people released at the border with Mexico with court dates and 1.5 million people with temporary protections such as humanitarian parole.

This fall, the share of arrested immigrants with criminal convictions continued to decrease just before and during the federal government shutdown, with only 3% of those arrested and detained having convictions between Sept. 21 and Nov. 16, according to national information analyzed by Transactional Records Access Clearinghouse (TRAC), a data research organization at Syracuse University.

“While ICE is detaining more and more individuals, targeting has shifted sharply to individuals without any criminal convictions,” the TRAC report noted.

Editor’s note: This story has been updated to clarify a reference to October detention statistics analyzed by Transactional Records Access Clearinghouse.

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

Kilmar Abrego Garcia speaks to a crowd holding a prayer vigil and rally on his behalf outside the ICE building in Baltimore, Maryland, on Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

WASHINGTON — The wrongly deported Kilmar Abrego Garcia is no longer in U.S. Immigration and Customs Enforcement custody after a federal judge ordered his release earlier Thursday, according to his attorneys and an immigrant rights group that has advocated his case.

CASA, the immigrant rights group that has supported Abrego Garcia and his family since he was erroneously deported to a brutal Salvadoran prison, told States Newsroom he was released from the Moshannon Valley Processing Center in Pennsylvania before a 5 p.m. Eastern deadline set by the judge. He has remained there since September. 

 However, it remained unclear Thursday night if the Department of Homeland Security will follow the judicial order, and the White House press secretary said the Department of Justice would swiftly appeal the decision.

DHS spokesperson Tricia McLaughlin said in a statement to States Newsroom the “order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”

She did not respond to a follow-up question if ICE would follow the order from U.S. District Court of Maryland Judge Paula Xinis to release Abrego Garcia, the Salvadoran immigrant and longtime Maryland resident who cast a spotlight on the Trump administration’s aggressive immigration crackdown after he was wrongly deported.

Abrego Garcia was imprisoned in a brutal prison in El Salvador and returned to the United States to face criminal charges in Tennessee. After he was ordered released from U.S. marshals custody by a federal judge, ICE detained him again at an appointment at the Baltimore, Maryland, ICE field office.

‘Without lawful authority’

Xinis, in a ruling highly critical of the administration’s actions in the case, found that since Abrego Garcia was brought back to the United States, he was detained “again without lawful authority,” because the Trump administration has not made an effort to remove him to a third country, due to his deportation protections from his home country of El Salvador. 

The order comes after Abrego Garcia challenged his ICE detention in a habeas corpus petition. Xinis was mulling a Supreme Court precedent that deemed immigrants cannot be held longer than six months in detention if the federal government is not actively making efforts to remove them.

“Separately, Respondents’ conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer,” Xinis wrote in her opinion.

Costa Rica has agreed to accept Abrego Garcia as a refugee, but in court, Department of Justice lawyers did not give Xinis a clear explanation of why the Trump administration would not remove him to Costa Rica. Instead, the Trump administration has tried to deport Abrego Garcia to several countries in Africa. 

Prolonged detention found

In her opinion, Xinis said that Abrego Garcia’s release is required under the Supreme Court’s precedent, referred to as the Zadvydas v. Davis case, because his nearly four-month detention at an ICE facility in Pennsylvania had been prolonged. 

“Respondents’ persistent refusal to acknowledge Costa Rica as a viable removal option, their threats to send Abrego Garcia to African countries that never agreed to take him, and their misrepresentation to the Court that Liberia is now the only country available to Abrego Garcia, all reflect that whatever purpose was behind his detention, it was not for the ‘basic purpose’ of timely third-country removal,” Xinis said.

She also noted witness testimony from several ICE officials who were unable to provide any information on efforts to remove Abrego Garcia to a third country where he would not face torture, persecution or deportation to El Salvador.  

“They simply refused to prepare and produce a witness with knowledge to testify in any meaningful way,” she said of the Department of Justice.

While the Trump administration has floated removing Abrego Garcia to Eswatini, Ghana, Liberia and Uganda, the Department of Justice is moving forward with criminal charges lodged against Abrego Garcia that stem from a 2022 traffic stop in Tennessee. 

The judge in that Nashville case is trying to determine if the human smuggling of immigrants charges against Abrego Garcia – to which he has pleaded not guilty – are vindictive. 

Missing order of removal

Another issue Xinis pointed out was the Department of Justice’s inability to produce a final order of removal for Abrego Garica.  

“No such order of removal exists for Abrego Garcia,” she said. “When Abrego Garcia was first wrongly expelled to El Salvador, the Court struggled to understand the legal authority for even seizing him in the first place.”

She also cited the ICE officials’ testimony, which did answer whether a removal order existed. 

“Respondents twice sponsored the testimony of ICE officials whose job it is to effectuate removal orders, and who candidly admitted to having never seen one for Abrego Garcia,” she said. “Respondents have never produced an order of removal despite Abrego Garcia hinging much of his jurisdictional and legal arguments on its non-existence.”

Attorneys for Abrego Garcia have argued if there is no order of removal, there is no basis for his ICE detention.

Abrego Garcia is not challenging his deportation, and has agreed to be removed to Costa Rica, but has remained in ICE detention since August.

William J. Ford contributed to this report.