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    Federal judge again halts deportation of eight immigrants to South Sudan

    A federal judge has briefly halted the deportations of eight immigrants to war-torn South Sudan, the latest twist in a case that came hours after the supreme court cleared the way for the Trump administration to deport the men to a country where almost none of them have ties.On Thursday, the nation’s highest court affirmed that US immigration officials can quickly deport people to countries to which they have no connection. Then on Friday afternoon, in an extraordinary Fourth of July hearing, the district judge Randolph Moss sent the case north from Washington to another judge in Boston. Moss concluded that the judge best equipped to deal with the issues was Brian Murphy, whose rulings led to the initial halt of the Trump administration’s effort to begin deportations to the eastern African country.Moss extended his order halting the deportation until 4.30pm Eastern time, but it was unclear whether Murphy would act on the federal holiday to further limit the removal. Moss said new claims by the immigrants’ lawyers deserved a hearing.The eight men awaiting deportation are from countries including Vietnam, South Korea, Mexico, Laos, Cuba and Myanmar. Just one is from South Sudan. All have been convicted of serious crimes, which the Trump administration has emphasized in justifying their banishment. Many had either finished or were close to finishing serving sentences, and had “orders of removal” directing them to leave the US.A lawyer for the men have said they could “face perilous conditions” upon arriving in the country. South Sudan is enmeshed in civil war, and the US government advises no one should travel there before making their own funeral arrangements.The administration has been trying to deport the immigrants for weeks. The government flew them to the US naval base in Djibouti but couldn’t move them further because Murphy had ruled no immigrant could be sent to a new country without a chance to have a court hearing.The supreme court vacated that decision last month, and then Thursday night issued a new order clarifying that that meant the immigrants could be moved to South Sudan. Lawyers for the immigrants filed an emergency request to halt their removal later that night.The case was assigned to Moss, who briefly barred the administration from moving the immigrants from Djibouti to South Sudan until his afternoon hearing concluded. He slightly extended that bar after he sent the case to Murphy. The administration has said it expected to fly the immigrants to South Sudan sometime on Friday. More

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    Emil Bove’s confirmation hearing was a travesty | Sidney Blumenthal

    In The Godfather, a Mafia turncoat appears before a Senate committee in order to testify as a protected witness about its operations. Frank Pentangeli, “Frankie Five Angels”, a capo allied with the old godfather, Vito Corleone, has had a falling out with the new one, his son Michael Corleone, who attempted to assassinate him. As Pentangeli is about to speak at the hearing, he notices his brother Vincenzo, a mafioso from Sicily, seated behind him. Michael has arranged his grim looming presence. Pentangeli is suddenly reminded of his oath of omerta, the code of silence. He recants on the spot, saying that he just told the FBI “what they wanted to hear”.On 25 June, Emil Bove, Donald Trump’s former personal attorney, whom he had named associate deputy attorney general, and now after five months seeks to elevate as a federal judge on the US third circuit court of appeals, appeared before the Senate judiciary committee for his confirmation hearing. He faced, at least potentially, a far-ranging inquiry into his checkered career.There were charges of abusive behavior as an assistant US attorney. There was his role as enforcer of the alleged extortion of New York City Mayor Eric Adams to cooperate in the Trump administration’s migrant roundups in exchange for dropping the federal corruption case against him. There was Bove’s dismissal of FBI agents and prosecutors who investigated the January 6 insurrection. And there was more.On the eve of the hearing, the committee received a shocking letter from a whistleblower, a Department of Justice attorney, who claimed that Bove said, in response to a federal court ruling against the administration’s immigration deportation policy: “DoJ would need to consider telling the courts ‘fuck you’ and ignore any such order.”Senator Charles Grassley, Republican of Iowa, the committee chairperson, the ancient mariner of the right wing at 91 years old, gaveled the session to order by invoking new rules never before used with a nominee in a confirmation hearing. Instead of opening the questioning to examine the nominee’s past, he would thwart it. Grassley announced that Bove would be shielded by the “deliberative-process privilege and attorney-client privilege” from “an intense opposition campaign by my Democratic colleagues and by their media allies”. This was the unique imposition of a code of omerta.“My understanding is that Congress has never accepted the constitutional validity of either such privilege,” objected Senator Sheldon Whitehouse, Democrat of Rhode Island. “This witness has no right to invoke that privilege,” said Senator Richard Blumenthal, Democrat of Connecticut. But Grassley stonewalled.Prominently seated in the audience behind Bove were the US attorney general, Pam Bondi, and the deputy attorney general, Todd Blanche. Never before had such top officials been present at a confirmation hearing for a judicial nominee. The federal government through the justice department would inevitably appear in cases before his court. The attorney general and her deputy created an immediate perception of conflict of interest, an ethical travesty.But Bondi and Blanche were not there to silence Bove. They were there to intimidate the Republican senators. If there were any dissenters among them, they knew that they would suffer retribution. “Their being here is for one reason – to whip the Republicans into shape,” said Blumenthal. “To make sure that they toe the line. They are watching.”The rise of Emil Bove is the story of how a lawyer from the ranks associated himself with Donald Trump, proved his unswerving loyalty to become a made man, and has been richly rewarded with a nomination for a lifetime federal judgeship, presumably to continue his service. In his opening statement, Bove said: “I want to be clear about one thing up front: there is a wildly inaccurate caricature of me in the mainstream media. I’m not anybody’s henchman. I’m not an enforcer.”Bove began his career as a paralegal and then a prosecutor in the US attorney’s office for the southern district of New York. He was known for his attention to detail, relentlessness and sharp elbows. Seeking a promotion to supervisor, a group of defense attorneys including some who had been prosecutors in his office wrote a letter claiming he had “deployed questionable tactics, including threatening defendants with increasingly severe charges the lawyers believed he couldn’t prove”, according to Politico. Bove posted the letter in his office to display his contempt. He was denied the promotion, but eventually received it.As a supervisor, Bove was known as angry, belittling and difficult. He developed an abrasive relationship with FBI agents. After complaints, an executive committee in the US attorney’s office investigated and suggested he be demoted. He pleaded he would exercise more self-control and was allowed to remain in his post. “You are aware of this inquiry and their recommendation?” Senator Mazie Hirono, Democrat of Hawaii, asked Bove about the incident. Bove replied: “As well as the fact that I was not removed.”In 2021, in the prosecution of an individual accused of evading sanctions on Iran, a team Bove supervised as the unit chief won a jury verdict. But then the US attorney’s office discovered the case was “marred by repeated failures to disclose exculpatory evidence and misuse of search-warrant returns” by the prosecutors handling the case, according to the judge. Declaring that “errors and ethical lapses in this case are pervasive”, she vacated the verdict and dismissed the charges as well as chastising those prosecutors for falling short of their “constitutional and ethical obligations” in “this unfortunate chapter” and criticizing Bove for providing sufficient supervision to prevent those failures.Bove became a private attorney, joining the law firm of Todd Blanche, whom Trump hired in 2023 to defend him in the New York case involving his payment of hush-money to the adult film actor Stormy Daniels. Blanche brought Bove along as his second chair. The qualities that made him a black sheep in the US attorney’s office recommended him to Blanche and his client. In Bove’s questioning of David Pecker, publisher of the National Enquirer, about his payments to women in his “catch-and-kill” scheme to protect Trump, Bove twice botched the presentation of evidence, was admonished by the judge and apologized. Trump was convicted of 34 felonies of financial fraud to subvert an election.Upon Trump’s election, he appointed Bove as acting deputy attorney general and then associate deputy once Todd Blanche was confirmed as deputy, reuniting the law partners, both Trump defense attorneys now resuming that role in an official capacity.On 31 January, Bove sent two memos, the first firing dozens of justice department prosecutors and the second firing FBI agents who had worked on the cases of January 6 insurrectionists, whom Trump pardoned on his inauguration day. Bove quoted Trump that their convictions were “a grave national injustice”. He also had his own history of conflict with fellow prosecutors and FBI agents.Asked about his actions by Senator Dick Durbin, Democrat of Illinois, Bove presented himself as even-handed. “I did and continue to condemn unlawful behavior, particularly violence against law enforcement,” he said. “At the same time, I condemn heavy-handed and unnecessary tactics by prosecutors and agents.”skip past newsletter promotionafter newsletter promotionIn February, Bove played a principal role in filing criminal charges claiming corruption in the Environmental Protection Agency’s Greenhouse Gas Reduction Fund. The head of the criminal division at the US attorney’s office of the District of Columbia, Denise Cheung, believing there was no factual basis to the accusation, resigned with a statement praising those who are “following the facts and the law and complying with our moral, ethical and legal obligations”.When Whitehouse sought to ask Bove about the episode, Bove replied: “My answer is limited to: ‘I participated in the matter.’” Whitehouse turned to Grassley. “Do you see my point now?” he said. The code of omerta was working to frustrate questioning.Bove also deflected questions about his central role in the dropping of charges against Eric Adams. The acting US attorney for the southern district of New York, Danielle Sassoon, had resigned in protest, writing in a letter that Bove’s memo directing her to dismiss the charges had “nothing to do with the strength of the case”. She noted that in the meeting to fix “what amounted to a quid pro quo … Mr Bove admonished a member of my team who took notes during that meeting and directed the collection of those notes at the meeting’s conclusion.”Questioned about the Adams scandal, Bove denied any wrongdoing. Senator John A Kennedy, Republican of Louisiana, played his helpmate. He asked Bove to “swear to your higher being” that there was no quid pro quo. “Absolutely not,” Bove said. “Do you swear on your higher being?” “On every bone in my body,” Bove replied. Hallelujah!Then Bove was asked about the letter sent by former justice department lawyer Erez Reuveni alleging that Bove planned the defiance of court rulings against the administration’s deportation policy. “I have never advised a Department of Justice attorney to violate a court order,” Bove said.Senator Adam Schiff, Democrat of California, repeatedly asked him if it was true he had said “fuck you” as his suggested plan of action against adverse court decisions. Bove hemmed and hawed, and finally said: “I don’t recall.” Senator Cory Booker, Democrat of New Jersey, remarked: “I am hoping more evidence is going to come out that shows that you lied before this committee.”Grassley, however, succeeded in protecting Bove. Bondi and Blanche stared down the Republican senators whose majority can put Bove on the bench. He is Trump’s model appointment of what he wants in a judge. In announcing his nomination, Trump tweeted: “Emil Bove will never let you down!”In another scene in The Godfather, Virgil “The Turk” Sollozzo, another Mafia boss, comes to Vito Corleone, offering a deal to cut him in on the narcotics trade. “I need, Don Corleone,” he says, “those judges that you carry in your pockets like so many nickels and dimes.” It was an offer that the Godfather refused. He left the drugs, but kept the judges.

    Sidney Blumenthal, a former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth. He is a Guardian US columnist and co-host of The Court of History podcast More

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    Kilmar Ábrego García was tortured in Salvadorian prison, court filing alleges

    Kilmar Ábrego García, the Maryland man who was wrongfully deported to El Salvador and detained in one of that country’s most notorious prisons, was physically and psychologically tortured during the three months he spent in Salvadorian custody, according to new court documents filed Wednesday.While being held at the so-called Terrorism Confinement Center (Cecot) in El Salvador, Ábrego García and 20 other men “were forced to kneel from approximately 9:00 PM to 6:00 AM”, according to the court papers filed by his lawyers in the federal district court in Maryland.Guards struck anyone who fell from exhaustion while kneeling, and during that time, “Ábrego García was denied bathroom access and soiled himself”, according to the filing.Detainees were held in an overcrowded cell with no windows, and bright lights on 24 hours a day. They were confined to metal bunk beds with no mattresses.Ábrego García’s testimony is one of the first detailed insights the world has into the conditions inside Cecot, a megaprison that human rights groups say is designed to disappear people.His lawyers say he lost 31 pounds during his first two weeks of confinement. Later, they write, he and four others were transferred to a different part of the prison “where they were photographed with mattresses and better food–photos that appeared to be staged to document improved conditions”.The filings also note that officials within the prison acknowledged that Ábrego García was not a gang member, and that his tattoos did not indicate a gang affiliation. “Prison officials explicitly acknowledged that plaintiff Ábrego García’s tattoos were not gang-related, telling him ‘your tattoos are fine,’” per the filing, and they kept him in a cell separate from those accused of gang membership.The prison officials, however, threatened to move Ábrego García into a cell with gang members whom officials said “would ‘tear’ him apart”.Ábrego García is currently in federal custody in Nashville. The Trump administration brought him back from El Salvador after initially claiming it was powerless to do so. The US justice department wants him to stand trial on human-smuggling charges. The administration has also accused him of being a member of the street gang MS-13, and Donald Trump has claimed that Ábrego García’s tattoos indicate that he belonged to the gang.Ábrego García has pleaded not guilty to the smuggling charges, which his attorneys have characterized as an attempt to justify the administration’s mistake in deporting him after the fact.On Sunday , a Tennessee judge ordered his release while his criminal case plays out, but prosecutors said US Immigration and Customs Enforcement (Ice) would take Ábrego García into custody if that were to happen and he would be deported before he was given the chance to stand trial.A justice department lawyer, Jonathan Guynn, also told a federal judge in Maryland that the administration would deport Ábrego García not to El Salvador but to another, third country – contradicting statements from attorney general Pam Bondi that he would be sent to El Salvador.Amid the confusion, Ábrego García’s lawyers requested that their client remain in criminal custody, fearing that if he were released, he would be deported. Upcoming hearings in both Maryland and Tennessee will help decide whether Ábrego García will be able to remain in the US and be released from jail. More

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    The supreme court is cracking down on judges – and letting Trump run wild | Steven Greenhouse

    Ever since Donald Trump returned to power, he has carried out an unprecedented assault against the country’s rule of law. But we can be thankful that one group of people – federal district court judges – have bravely stood up to him and his many illegal actions.His excesses include gutting federal agencies, deporting immigrants without due process, firing thousands of federal workers despite their legal protections, and ordering an end to birthright citizenship. Intent on upholding the constitution and rule of law, district court judges have issued more than 190 orders blocking or temporarily pausing Trump actions they considered illegal. Their decisions have slowed the US president’s wrecking ball as it demolishes federal agencies, devastates foreign aid, decimates scientific research and demoralizes government employees.Those of us who held out hope that the supreme court, as rightwing as it has become, would join the district courts and stand up to Trump had our hopes dashed in a big way last week. The six hard-right justices delivered a major victory to Trump as they rolled over like puppies and ruled that district court judges can no longer, except in very limited circumstances, issue nationwide injunctions to halt Trump’s illegalities.In the 6-3 decision, the justices ruled that when district judges are convinced that a presidential action is illegal, they can issue injunctions that only cover the plaintiffs who brought the lawsuit – they can only issue nationwide injunctions if they conclude that such action is the only way to assure complete relief to the plaintiffs. (The court wrote that plaintiffs might still be able to win broad injunctions by bringing class actions.)That case, Trump v Casa, involved Trump’s executive order that prohibited birthright citizenship – despite the 14th amendment’s language specifically guaranteeing it. In that case, Trump challenged district court judges’ nationwide injunctions upholding birthright citizenship – three district court judges had found Trump’s order to be unconstitutional and issued nationwide injunctions. In the Casa case, the justices limited their ruling to the validity of nationwide injunctions, without ruling on the constitutionality of Trump’s ban on birthright citizenship.In a stinging dissent, Justice Sonia Sotomayor accused the court’s supermajority of “complicity” with Trump’s efforts to make a “solemn mockery of our Constitution”. With Justices Elena Kagan and Ketanji Brown Jackson joining her dissent, Sotomayor wrote that “by stripping federal courts” of their extensive injunctive powers, the supreme court “kneecaps the Judiciary’s authority to stop the Executive from enforcing even the most unconstitutional policies”.There are two big problems with the Casa decision. First, it gives a red light to what has been the most effective check on Trump’s illegalities and authoritarian power grab. Second, the ruling gives a gleaming green light to Trump to speed ahead with more illegal actions, knowing that district court judges will be far less able to crack down effectively on his lawless acts.For the liberal justices and many Trump critics, a huge concern is that when a district court judge now finds a Trump policy to be unlawful, the judge can enjoin it only for the plaintiffs in the case. Meanwhile Trump can continue imposing that policy in the 49 other states. In her separate dissent, Jackson wrote: “The Court’s decision to permit the Executive to violate the Constitution with respect to anyone who has not yet sued is an existential threat to the rule of law.”One thing seemed extraordinarily obtuse about the supermajority’s decision: they seemed infinitely more concerned that a district court judge’s nationwide injunction might exceed that judge’s legal authority than they were concerned about Trump’s unprecedented authoritarian actions and illegal excesses: his freezing of congressionally approved funding, his siccing the justice department on critics, his ordering retribution against law firms that hired lawyers he didn’t like, his freezing billions in grants to universities because they have diversity policies he detests.In the majority opinion, Justice Amy Coney Barrett wrote that judges don’t have “unbridled authority” to ensure that presidents comply with the law. While many political scientists are sounding the alarm that Trump is creating an authoritarian presidency insufficiently checked by the constitution’s separation of powers, Barrett warned of an “imperial judiciary”. The conservative supermajority failed to see the authoritarian forest for the trees; they seem blind to who is the real threat to our democracy. It isn’t district court judges upholding the law. It is a president who has suggested he’s above the law.The Casa decision continues a dangerous pattern in which the conservative justices bow to Trump. In another case last week, the court issued an unsigned decision, with the three liberal justices dissenting, that in effect said it was fine for Trump to deport immigrants to third countries, rather than their own, without giving them a chance to be heard about why that third country might be dangerous for them. Not only did the court let the Trump administration short-circuit due process in that case, but it gave Trump a victory in a case where his administration had twice disobeyed a district court judge’s orders. By failing to criticize the administration’s brazen defiance of a lower-court judge, the supermajority dangerously seemed to signal that it is OK for the administration to flout district judges’ orders.In another important case, the court ruled for Trump by halting a lower court’s order that Gwynne Wilcox be reinstated to the National Labor Relations Board, after Trump fired Wilcox without giving any reason, despite federal law saying NLRB members can be fired only for malfeasance. Then there was last year’s disastrous immunity decision, in which Chief Justice John Roberts, as if in a creative writing class, seemed to magically add new clauses to the constitution. Roberts’s majority ruling granted Trump presumptive immunity from criminal prosecution for “official presidential acts” – a ruling that many legal scholars say has emboldened Trump to violate the law.Assuming the conservative supermajority wants to preserve our democracy and defend our constitution, it’s maddening and perplexing that they keep delivering victories to Trump. Perhaps they rule for him because they watch Fox News too much and believe Trump is a paragon of upholding the law. Or perhaps the justices fear that Trump will savage and ridicule them if they dare rule against the Maga king. Or perhaps the justices rule repeatedly for Trump because they fear he will defy their decisions if they rule against him – and they’ll become the first supreme court in history that a president repeatedly defies.In what is often called the most important supreme court case in history, Marbury v Madison, Chief Justice John Marshall wrote in 1803 that “it is emphatically” the role of the judiciary “to say what the law is”. Sadly, last week’s Casa decision turned Marbury on its head in many ways. By limiting the ability of district court judges to say what the law is and make sure the executive follows it, the court’s supermajority is giving Trump far more power than before to “say what the law is”. Without district courts able to issue quick nationwide injunctions to curb Trump’s many illegalities, it may take a year or two or more before the supreme court acts to put a nationwide halt to some of Trump’s more egregious illegal actions.Considering that Trump has described himself as king and talked of suspending the constitution, the supreme court is making a dangerous mistake in giving Trump more power while hamstringing the ability of brave, principled judges to rein in his excesses.

    Steven Greenhouse is a journalist and author, focusing on labour and the workplace, as well as economic and legal issues More

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    Throwing their bodies on the gears: the Democratic lawmakers showing up to resist Trump

    A flock of Ice agents, some masked, some sporting military-operator fashion for show, smooshed the New York City comptroller, Brad Lander, up against a wall and handcuffed him in the hallway of a federal courthouse in early June, shuffling the mild-mannered politician into an elevator like the Sandman hustling an act off the stage 10 miles north at Harlem’s Apollo Theater.Like at the Apollo, Lander’s arrest was a show. News reporters and cellphone camera-wielding bystanders crowded the hall to watch the burly federal officers rumple a 55-year-old auditor asking for a warrant.“I’m not obstructing. I’m standing here in this hallway asking for a judicial warrant,” Lander said. “You don’t have the authority to arrest US citizens.”“This is an urgent moment for the rule of law in the United States of America and it is important to step up,” Lander told the Guardian after the arrest. “And I think the dividing line for Democrats right now is not between progressives and moderates. It’s between fighters and folders. We have to find nonviolent but insistent ways of standing up for democracy and the rule of law.”The act of showing up is resonating with voters who have seen the limits of social media activism. Be it Senator Cory Booker’s speech in April or the arrest of lawmakers trying to inspect an Ice detention facility, the images of administration opponents physically interposing themselves as a disruption hearken back to an earlier era in American politics, of sit-ins and full jails, where opponents meant to grind the apparatus of government to a halt as a means of resistance.“There’s a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can’t take part,” Mario Savio, a student leader in the free speech movement, a campaign of civil disobedience against restrictive policies on student political activity, said 60 years ago during a campus protest. “You can’t even passively take part. And you’ve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you’ve got to make it stop.”That can look like Booker’s 25-hour record-breaking stand at the dais from 31 March through 1 April this year, presenting a litany of protest against the actions of the first 71 days of the Trump administration in the longest speech in Senate history. Technically, it was not a filibuster, unlike the previous record-holder, the South Carolina senator Strom Thurmond’s speech delaying passage of the Civil Rights Act in 1957.As an act of political protest, it required presence. The rules of a Senate floor speech are exacting. No sitting. No breaks. Continuous, corporeal effort. As the spectacle grew, Booker acknowledged that Democratic voters had been demanding more of their leaders.“I confess that I have been imperfect,” Booker said. “I confess that I’ve been inadequate to the moment. I confess that the Democratic party has made terrible mistakes that gave a lane to this demagogue. I confess we all must look in the mirror and say: ‘We will do better.’”Activists had been in the street from the day of Trump’s inauguration. But Booker’s speech was a demarcation point after which Democratic leaders started confronting the right more directly. It also marked them being confronted in return.Hannah Dugan, a Wisconsin judge, allowed a man to leave through the back doors of her courtroom, allegedly in response to the presence of immigration officers waiting to arrest him. FBI agents subsequently arrested Dugan in her Milwaukee courtroom on 25 April, charging her with obstruction.The FBI director, Kash Patel, posted comments about her arrest on X almost immediately, and eventually posted a photograph of her arrest, handcuffed and walking toward a police cruiser, with the comment: “No one is above the law.” Digitally altered photographs of Dugan appearing to be in tears in a mugshot proliferated on social media. Trump himself reposted an image from the Libs of TikTok website of Dugan wearing a Covid-19 mask on the day of her arrest.Three days later, Trump issued an executive order to create “a mechanism to provide legal resources and indemnification”, including “private-sector pro bono assistance”, for cops it describes as “unjustly incur[ring] expenses and liabilities for actions taken during the performance of their official duties to enforce the law”.The order also seeks “enhanced sentences for crimes against law enforcement officers”, and calls for federal prosecution of state or local officials who the administration says obstruct law enforcement.View image in fullscreenTaken together, the order sent a clear signal to federal police agencies to take the gloves off – that accusations of misconduct would be defended against and that placing the bodies of public officials into handcuffs and squad cars was fair game.Three days after that, Trump’s border czar, Tom Homan, suggested more arrests were on the way. “Wait till you see what’s coming,” he said in response to a question about future arrests of officials.But the warnings have not stopped Democrats from showing up at Ice detention centers and other demonstrations.Four more elected or appointed Democratic officials and one Democratic senator’s staffer have been detained, arrested or charged by federal agents since Trump’s executive order. Each of the arrests has become a media spectacle.Ras Baraka, the mayor of Newark, New Jersey, visited Delaney Hall, a privately owned Ice detention facility he accuses of violating safety protocols, on 9 May. He was with three members of Congress at the time, who have the explicit right by law to inspect Ice facilities. Video captured by body-worn cameras shows a tangle of bodies as Ice agents arrest him, with beefy federal officers bending him over in handcuffs as they walk him through an outraged crowd.Amid the scrum is the freshman representative LaMonica McIver in her red coat, who stands out in videos as she walks through the gate. She appears to bump a masked law enforcement officer as she’s caught in the chaotic scene. Her intentions are far from clear, and witness video from other angles contradicts the government’s claim that members of Congress stormed the facility.Ten days later, the acting US attorney, Alina Habba, charged McIver with forcibly impeding and interfering with federal officers, even after dropping similar charges against Baraka. For the administration and its supporters, the high-visibility arrests play out as payback for what they see as the politically motivated prosecution of Trump and of January 6 rioters. The Republican representative Nancy Mace of South Carolina filed a House resolution to expel McIver. Baraka’s arrest and McIver’s charge became fodder for conservative media.But it also galvanized Newark. Protesters filled the streets awaiting Baraka’s release.“History will judge us in this moral moment,” he told the crowd. “These people are wrong. And it’s moments like this that will judge us all – as cowards or, you know, as heroes.”Three weeks later, a staffer for the representative Jerry Nadler – whose name has not been released – allegedly impeded homeland security agents searching for “rioters” at a protest about immigration enforcement abuses. The agents handcuffed and detained her. Video circulated widely on social media and cable television.View image in fullscreenOn 8 June, as protesters flooded downtown Los Angeles intent on gumming up the streets around the Metropolitan detention center, the Democratic representative Jimmy Gomez of California posted a video on Instagram describing how chemical irritants had been deployed around the detention building. “They’re spraying something to try to get us to leave,” he said. “This is just to prevent us from doing our jobs.”Homeland security briefly released guidance last week asking members of Congress to give Ice facilities 72 hours of prior notice before visiting a facility. The demand conflicts with federal law allowing members of Congress immediate access for inspections. The guidance is no longer posted on the DHS website.The Democratic senator Alex Padilla of California attempted to confront the homeland security secretary, Kristi Noem, about protests in Los Angeles on 12 June. Before he could get a word in, when he approached to ask a question, Secret Service and FBI agents dragged Padilla out of the room and handcuffed him. The DHS falsely claimed that Padilla had failed to identify himself, releasing a statement describing Padilla’s inquiry as “disrespectful political theatre”.“The only political theater happening in Los Angeles is Trump using thousands of troops in Los Angeles as political props in response to overwhelmingly peaceful protests,” Padilla said in response.It has only been half a year that Trump has been president, but Democrats and other critics are finding that it’s the balance of civil rights tactics with 2025 TikTok-era virality that is cutting through the noise. Paired with some of the biggest protests in American history, it seems they are only getting started.“Authoritarians are looking to stoke fear and conflict and send a signal [that] if they are going to do this to elected officials – if they’re going to do it to white male US citizens with passports or elected officials, I think their goal is to make everyone afraid,” Lander said.“There is a pattern here, you know, from Senator Padilla to Ras Baraka to me, and an on-the-record statement from the attorney general about … trying to quote-unquote ‘liberate’ cities from their elected officials,” he added. “So, I take them at their word.” More

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    As Trump targets birthright citizenship, the terrain is once again ‘women’s bodies and sexuality’

    One day after Donald Trump’s inauguration, five pregnant immigrant women – led by an asylum seeker from Venezuela – sued over the president’s executive order limiting automatic birthright citizenship, out of fear that their unborn children would be left stateless.The case went before the supreme court, which sided with the Trump administration Friday by restricting the ability of federal judges to block the order.The legal drama recalls a scene a century and a half earlier, when a different cohort of immigrant women went to the country’s highest court to challenge a restrictive California law. In 1874, San Francisco officials detained 22 Chinese women at the port after declaring them “lewd and debauched” – a condition that allowed for denial of entry.The supreme court sided with the women and struck down the law, delivering the first victory to a Chinese litigant in the US. But its ruling also established the federal government’s exclusive authority over immigration, paving the way for the passage of the Page Act of 1875, the first piece of federal legislation restricting immigration.Trump’s hardline immigration-enforcement strategy, which has focused on birthright citizenship and sparked a family-separation crisis, bears resemblance to the restrictive laws against Chinese women in the late 19th century, which historians say led to lasting demographic changes in Chinese American communities. Political campaigns of both eras, experts say, sought to stem the growth of immigrant populations by targeting women’s bodies.“What the Page Act, the Chinese Exclusion Act and birthright citizenship all have in common is the battle over who we deem admissible, as having a right to be here,” said Catherine Lee, an associate professor of sociology at Rutgers University whose research focuses on family reunification in American immigration. “And the terrain on which we’re having these discussions is women’s bodies and women’s sexuality.”The Page Act denied entry of “lewd” and “immoral” women, ostensibly to curb prostitution. While sex workers of many nationalities immigrated to the US, experts say local authorities almost exclusively enforced the law against women of Chinese descent. More than curbing immigration, Lee said, the legislation set a standard for determining who was eligible for citizenship and for birthing future generations of Americans.The law placed the burden of proof on Chinese women themselves, research shows. Before boarding a ship to the US, the women had to produce evidence of “respectable” character by submitting a declaration of morality and undergoing extensive interrogations, character assessments and family background checks.At the same time, doctors and health professionals smeared Chinese women as carriers of venereal diseases, Lee said. J Marion Sims, a prominent gynecologist who led the American Medical Association at the time, falsely declared that the arrival of Chinese women had caused a “Chinese syphilis” epidemic.Bill Hing, a law and migration studies professor at the University of San Francisco and author of Making and Remaking Asian America, said the Page Act was “an evil way at controlling the population” to ensure that the Chinese American community wouldn’t grow.The law did drastically alter the demographics of the Chinese population. In 1870, Chinese men in the US outnumbered Chinese women by a ratio of 13 to 1. By 1880, just a half decade after the law’s passage, that gap had nearly doubled, to 21 to 1.One legacy of the Page Act, Hing said, was the formation of “bachelor societies”. The de facto immigration ban against Chinese women made it virtually impossible for Chinese men to form families in the US, as anti-miscegenation laws forbade them from marrying women outside their race.Today, Hing said, attempts to repeal birthright citizenship is another way of suppressing the development of immigrant populations. “It falls right into the same intent of eliminating the ability of communities of color to expand,” he said.View image in fullscreenTrump’s January executive order, which would deny citizenship to US-born babies whose parents aren’t citizens or green-card holders, employs a gendered line of argument similar to that of the Page Act, Lee said. (The government has lost every case so far about the executive order, as it directly contradicts the 14th amendment.)In a 6-3 vote Friday, the supreme court ruled that lower courts could not impose nationwide bans against Trump’s executive order limiting birthright citizenship. The ruling, which immigrant rights advocates say opens the door for a partial enforcement of the order, doesn’t address the constitutionality of the order itself.“Birthright citizenship assumes that women are having sex,” Lee said, “and whether she’s having sex with a lawful permanent resident or a citizen determines the status of her child.”Congressional Republicans continue to employ gendered and racialized rhetoric in their attacks on birthright citizenship and so-called “birth tourism”, the practice of pregnant women traveling to the US specifically to give birth and secure citizenship for their children. Political and media attention on the latter issue has been disproportionately focused on Chinese nationals.Last month, the Republican senator Marsha Blackburn of Tennessee introduced a bill that bans foreign nationals from “buying” American citizenship. She called “birth tourism” a “multimillion-dollar industry” exploited by pregnant women from “adversaries like communist China and Russia”.Although the extent of “birth tourism” is unknown, studies have shown that it comprises just a small portion of US-born Chinese infants. Many are born to US citizens or permanent residents, who form more than a majority of the foreign-born Chinese population. (A decade ago, Chinese “birth tourists” accounted for just 1% of all Chinese tourists visiting the US.)Virginia Loh-Hagan, co-executive director of the Asian American Education Project, said a long-lasting ramification of the Page Act is the “exploitation, fetishization and dehumanization” of Asian women that has led to deadly hate crimes, such as the spree of shootings at three Asian-owned Atlanta spas in 2021.“If immigrants in this country were denied the opportunity to build families and communities,” Loh-Hagan said, “then they have less community strength, less voice and power in politics and governance of this country.” More

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    Trump DoJ ally denies claim he urged defying court orders on immigration

    Emil Bove, a top justice department official and former defense attorney for Donald Trump, denied to senators on Wednesday a whistleblower’s claim that he suggested prosecutors ignore orders from judges who ruled against the president’s immigration policy.In a hearing before the Senate judiciary committee to consider his nomination to serve as a federal appeals court judge, Bove, currently the principal associate deputy attorney general at the justice department, also rejected assertions from Democrats that corruption charges against New York City mayor, Eric Adams, were dropped in order to secure his cooperation with the president’s immigration enforcement agenda.The hearing convened hours after reports emerged that former justice department attorney Erez Reuveni filed a whistleblower complaint, alleging that Bove said prosecutors “would need to consider telling the courts ‘fuck you’” in instances when they rule against Trump’s immigration policies.“I have never advised a Department of Justice attorney to violate a court order,” Bove said in response to questions from the committee’s chair, Chuck Grassley.A former New York City-based federal prosecutor, Trump hired Bove as an attorney to defend him against the four state and federal indictments he faced before winning re-election last year. He then appointed Bove as acting justice department deputy attorney general his first weeks back in the White House, during which time he fired prosecutors who brought charges against January 6 rioters and requested a list of FBI agents who worked on the cases. He also oversaw legal motions to drop charges against Adams, which prompted the resignation of seven veteran prosecutors in New York who refused to cooperate.During his confirmation hearing for a seat on the appeals court overseeing New Jersey, Pennsylvania, Delaware and the US Virgin Islands, Republican lawmakers signaled no objections to moving his nomination to the Senate floor, while Bove described himself as unfairly maligned.“There is a wildly inaccurate caricature of me in the mainstream media,” Bove said in his opening remarks. “I am not anybody’s henchman. I’m not an enforcer. I’m a lawyer from a small town who never expected to be in an arena like this.”Democrats described Bove as exactly what he claims not to be, with the committee’s ranking member, Dick Durbin, saying he “led the effort to weaponize the Department of Justice against the president’s enemies. Having earned his stripes as a loyalist to this president, he’s been rewarded with this lifetime nomination.”Durbin went on to allege that ending Adams’s prosecution amounted to “a quid pro quo” arrangement in which a federal judge “foiled your plans” by ordering the charges dismissed with prejudice, meaning they could not be brought again.“In order to get Mayor Adams to cooperate with President Trump’s immigration policy, you were prepared to drop the charges against him?” Durbin asked.Bove, who showed little emotion in responding to Democrats’ skeptical questioning, replied: “That’s completely false.”Durbin demanded details of Bove’s decision to fire prosecutors who worked on January 6 case, noting that in a memo, he echoed Trump’s words in describing the prosecutions as “a grave national injustice”.“I did and continue to condemn unlawful behavior, particularly violence against law enforcement. At the same time, I condemn heavy handed and unnecessary tactics by prosecutors and agents. Both of those things I submit are characteristic of these events,” Bove said, adding that the prosecutors were fired because they were specifically tasked with working on January 6 cases.Asked if he condemned Trump’s decision to pardon all those who were convicted or prosecuted over the insurrection, Bove replied: “It’s not for me to question president Trump’s exercise of the pardon power any more than it would be for me to question president Biden’s commutation of death sentences or his pardons of drug traffickers.”Republicans often angled their questions toward standing up Trump’s claim that he faced unfair prosecutions by a justice department that had become “weaponized” under Biden. Senator John Kennedy asked Bove to detail a time he saw a justice department employee act “predominantly on the basis of his or her political beliefs”.Bove replied that he witnessed such conduct only while serving as a defense attorney for Trump, where he alleged that members of special counsel Jack Smith’s team took “positions about the need to go to trial quickly … that I found, in my experience, to be completely inconsistent with normal practice, which led me to draw in inferences of the nature that you’re suggesting”.None of the two federal indictments Smith secured against Trump went to trial prior to his election victory last November. More

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    Pam Bondi denies knowing Ice agents wore masks during raids despite video evidence

    The attorney general, Pam Bondi, professed ignorance of reports of immigration officials hiding their faces with masks during roundups of undocumented people, despite widespread video evidence and reports that they are instilling pervasive fear and panic.Challenged at a Wednesday Capitol Hill subcommittee hearing by Gary Peters, a Democratic senator for Michigan, Bondi, who as the country’s top law officer has a prominent role in the Trump administration’s hardline immigration policy, implied she was unaware of plain-clothed agents concealing their faces while carrying out arrests but suggested it was for self-protection.“I do know they are being doxxed … they’re being threatened,” she told Peters. “Their families are being threatened.”Bondi’s protestations appeared to strain credibility given the attention the masked raids carried out by Immigration and Customs Enforcement (Ice) agents have attracted on social media and elsewhere.Civil rights campaigners and democracy experts have criticised the raids as evocative of entrenched dictatorships and police states, and say it is a warning sign that the US is descending into authoritarianism.Peters said he understood officers’ concerns at being doxxed but said the failure to wear identifying insignia endangered both themselves and detainees.“The public risk being harmed by individuals pretending to be immigration enforcement, which has already happened,” he told Bondi. “And these officers also risk being injured by individuals who think they’re basically being kidnapped or attacked by some unknown assailant.“People think: ‘Here’s a person coming up to me, not identified, covering themselves. They’re kidnapping.’ They’ll probably fight back. That endangers the officer as well, and that’s a serious situation. People need to know that they’re dealing with a federal law enforcement official.”Bondi reiterated her proclamation of ignorance, saying: “It sounds like you have a specific case and will be happy to talk to you about that at a later time, because I’m not aware of that happening.”She turned the tables later in the hearing after Bill Hagerty, a Republican from Tennessee, condemned Tim Walz, the Minnesota governor and the Democratic vice presidential candidate in last year’s election, for comparing Ice agents with Nazi Gestapo officers.“This is dangerous for our agents, it’s wrong, and it cuts against and it undercuts the rule of law,” said Hagerty, who invited Bondi to explain how she intended to tackle “leftwing radicals” who he said were attacking Ice agents.In response, the attorney general said that it was protesters who were concealing their identities when assailing officers.“Those people are the ones who have really been wearing the mask and trying to cover their identities,” she said, citing the recent demonstrations in Los Angeles, against which Donald Trump deployed national guard units. “We’ve been finding them. We have been charging them with assault on a federal officer.”skip past newsletter promotionafter newsletter promotionLisa Murkowski, a Republican senator from Alaska who has some voiced criticism of the Trump administration, told Bondi that her constituents were worried that resources had been transferred to immigration crackdowns at the expense of tackling violent crime.“We don’t have much of an Ice presence in Alaska,” she said. “All of a sudden, we’re now on the map. We have those that are being detained in our local jail that were flown up to the state several weeks ago to be detained up there.”She also cited the case of a restaurant owner who had been detained by Ice agents after living in the Alaskan city of Soldotna for 20 years. “His children are all integrated into the community,” Murkowski said.“The specific ask is whether or not immigration enforcement is being prioritized over combatting violent crime. And senator, before you walked in, I think senators on both sides of the aisle shared that same concern.”Bondi replied: “It is not and it will not. A lot of it does go hand in hand though, getting the illegal aliens who are violent criminals out of our country.” More