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      Supreme court to hear birthright citizenship dispute that could expand Trump’s power

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      The US supreme court will hear arguments on Thursday in a dispute that could significantly expand presidential power despite ostensibly focusing on Donald Trump’s contentious executive order ending birthright citizenship.The trio of cases before the court stem from the president’s January executive order that would deny US citizenship to babies born on American soil if their parents aren’t citizens or permanent residents. The plan is likely to be ultimately struck down, as it directly contradicts the 14th amendment, which grants citizenship to “all persons born or naturalized in the United States”.But Trump’s legal team isn’t asking the supreme court to rule on whether his policy is constitutional. Instead, they are challenging whether lower court judges should be able to block presidential orders nationwide – a move that could overall weaken judicial checks on executive power.Three federal judges have blocked the policy nationwide, including US district judge Deborah Boardman, who ruled that “no court in the country has ever endorsed the president’s interpretation.”But the justice department argues these “nationwide injunctions” unfairly tie the president’s hands. “These injunctions have reached epidemic proportions since the start of the Trump Administration,” the department wrote in a March filing. The administration is asking for the scope of the injunctions to be narrowed, so they only apply to the people, organizations or states that sued.If Trump prevails, his administration could potentially enforce his desired citizenship policy in parts of the country where specific courts haven’t blocked it – creating different citizenship rules in different states while legal challenges continue.The supreme court’s conservative majority, which includes three Trump appointees, has previously signaled skepticism about nationwide injunctions. Justice Neil Gorsuch called the issue a “question of great significance” requiring the court’s attention.Critics warn that limiting judges’ power to block policies nationwide would force people to file thousands of individual lawsuits to protect their rights.“If you literally have to bring separate cases for every single plaintiff, you are limiting the ability of courts to declare what the law is and protect people,” Colorado attorney general Phil Weiser, who joined legal challenges to Trump’s order, told NBC News.By the end of March, Trump had faced at least 17 nationwide injunctions since returning to office in January, according to the Congressional Research Service. His first term saw 86 such rulings – far more than other presidents including Joe Biden, who saw 28; Barack Obama who saw 12; and George W Bush who saw six. Trump has also faced at least 328 lawsuits nationwide as of 1 May, with judges blocking his actions more than 200 times, according to a Bloomberg analysis.skip past newsletter promotionafter newsletter promotionThe administration has said that universal injunctions “have reached epidemic proportions since the start of” Trump’s second term, and claims they have prevented the executive branch “from performing its constitutional functions before any courts fully examine the merits of those actions”.Several Democratic attorneys general urged the court not to restrict judicial power at a time when “the government is aggressively issuing executive orders of dubious legality”.Three separate lawsuits have been consolidated into one challenge before the court on Thursday, which came via an emergency appeal in the court’s so-called “shadow docket”. The court’s ruling is expected by early July. More

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      Federal grand jury indicts Wisconsin judge over alleged Ice obstruction

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      A federal grand jury has indicted a Wisconsin judge who was arrested by the FBI last month on allegations that she helped an undocumented immigrant avoid federal authorities.Hannah Dugan, a county circuit court judge in Milwaukee, was charged on Tuesday with concealing a person from arrest and obstruction of proceedings, the New York Times reported on Tuesday.Dugan was apprehended in the courthouse where she works in April, sparking public protests and rebukes from lawmakers. Her arrest has escalated a clash between Donald Trump’s administration and local authorities over the Republicans’ sweeping immigration crackdown. Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition to the crackdown.“Let’s be clear. Trump’s arrest of Judge Dugan in Milwaukee has nothing to do with immigration,” said US senator Bernie Sanders at the time. “It has everything to do with [Trump] moving this country towards authoritarianism.”Prosecutors charged Dugan in April with concealing an individual to prevent arrest and obstruction. In the federal criminal justice system, prosecutors can initiate charges against a defendant directly by filing a complaint or present evidence to a grand jury and let that body decide whether to issue charges.A grand jury still reviews charges brought by complaint to determine whether enough probable cause exists to continue the case as a check on prosecutors’ power. If the grand jury determines there’s probable cause, it issues a written statement of the charges known as an indictment. That’s what happened in Dugan’s case.Dugan faces up to six years in prison if she’s convicted on both counts. Her team of defense attorneys responded to the indictment with a one-sentence statement saying that she maintains her innocence and looks forward to being vindicated in court.Prosecutors say Dugan escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back jury door on 18 April after learning that US Immigration and Customs Enforcement (Ice) agents were in the courthouse seeking his arrest.According to court documents, Flores-Ruiz illegally re-entered the US after being deported in 2013. Online state court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee county in March. He was in Dugan’s courtroom the morning of 18 April for a hearing.Court documents suggest Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. An affidavit says Dugan was visibly angry over the agents’ arrival and called the situation “absurd” before leaving the bench and retreating to her chambers. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor”.After a back-and-forth with the agents over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them away from the courtroom, according to the affidavit.She then returned to the courtroom and was heard saying words to the effect of “wait, come with me” and ushered Flores-Ruiz and his attorney out through a back jury door typically used only by deputies, jurors, court staff and in-custody defendants, according to the affidavit. Flores-Ruiz was free on a signature bond in the abuse case at the time, according to online state court records.skip past newsletter promotionafter newsletter promotionFederal agents ultimately captured him outside the courthouse after a foot chase.The state supreme court suspended Dugan from the bench in late April, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out of a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.She was scheduled to enter a plea on Thursday.The Associated Press contributed reporting More

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      Judge orders White House to temporarily halt sweeping government layoffs

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      Donald Trump’s administration must temporarily halt its sweeping government overhaul because Congress did not authorize it to carry out large-scale staffing cuts and the restructuring of agencies, a federal judge in California said on Friday.US district judge Susan Illston in San Francisco sided with a group of unions, non-profits and local governments in blocking large-scale mass layoffs known as “reductions in force” for 14 days.“As history demonstrates, the president may broadly restructure federal agencies only when authorized by Congress,” Illston said.The White House did not immediately respond to a request for comment.The ruling is the broadest of its kind against the government overhaul that has been led by Elon Musk, the world’s richest person who is also the chief executive officer of electric vehicle maker Tesla.Dozens of lawsuits have challenged the work of the so-called “department of government efficiency” (Doge) on various grounds including violating privacy laws and exceeding its authority, with mixed results.Trump directed government agencies in February to work with Doge to identify targets for mass layoffs as part of the administration’s restructuring plans.The president urged agencies to eliminate duplicative roles, unnecessary management layers and non-critical jobs while automating routine tasks, closing regional field offices and reducing the use of outside contractors.“The Trump administration’s unlawful attempt to reorganize the federal government has thrown agencies into chaos, disrupting critical services provided across our nation,” said a statement from the coalition of plaintiffs.“Each of us represents communities deeply invested in the efficiency of the federal government – laying off federal employees and reorganizing government functions haphazardly does not achieve that.”Illston scheduled a hearing for 22 May to consider a longer-lasting preliminary injunction.She said that the plaintiffs are likely to succeed on merits of some of their claims in their lawsuit, which was filed on 28 April and alleged Trump exceeded his authority. It also alleged the office of management and budget, Doge and the office of personnel management exceeded their authority and violated administrative law.Illston said plaintiffs are likely to suffer irreparable harm without the temporary restraining order, which she said preserves the status quo.Illston said the plaintiffs submitted more than 1,000 pages of evidence and 62 sworn declarations, and she highlighted some of the material.For example, she said the National Institute for Occupational Safety and Health and its Pittsburgh office, which researches health hazards facing mineworkers, had 221 of the department’s 222 workers terminated, citing the union. She gave similar examples at local offices of the Farm Service Agency, the Social Security Administration and Head Start, which supports early learning.“The court here is not considering the potential loss of income of one individual employee, but the widespread termination of salaries and benefits for individuals, families and communities,” Illston wrote in her ruling. More

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      Lawyer who prosecuted Trump hauled in front of House judiciary committee

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      The former special counsel prosecutor Jay Bratt is scheduled to appear before the Republican-led House judiciary committee next week as it attempts to find instances of politicization in the federal criminal cases brought against Donald Trump, according to three people familiar with the matter.The deposition of Bratt, who led the criminal case over Trump’s alleged mishandling of classified documents as a top deputy to the former special counsel Jack Smith, has been scheduled for 10am ET next Wednesday, according to a notice reviewed by the Guardian.Bratt’s appearance is the first known instance of a special counsel prosecutor being hauled before the judiciary committee since Trump took office vowing revenge and personally directing the firings of more than a dozen prosecutors who worked for Smith within days of his inauguration.It was not clear how long the deposition might last and whether Bratt planned to invoke any privileges to avoid testifying. A spokesperson for the judiciary committee did not immediately respond to questions about the deposition.Smith charged Trump in two cases: in Florida, for mishandling classified documents at his Mar-a-Lago club and defying a subpoena commanding their return; and in Washington, for attempting to overturn the results of the 2020 election.The classified documents case was dismissed before it went to trial by the US district judge Aileen Cannon, who ruled that Smith had been unlawfully appointed because he was acting with the powers of a “principal officer” at the justice department, which requires confirmation by the US Senate.The topics that House investigators have prepared for Bratt were also not clear. But the judiciary committee, led by Republican chair Jim Jordan, has long believed that the special counsel cases were the result of political animus against Trump at the justice department.In repeated letters to the former special counsel last year, House investigators demanded information from Smith about contacts between the Biden White House and the justice department about the criminal cases, including when Bratt once travelled to the White House.They also sought documents and communications about meetings between FBI and justice department officials before the decision was made to ask a magistrate judge for a search warrant for Mar-a-Lago. Bratt is widely understood to have encouraged FBI leaders to obtain a warrant.The warrant later proved to be the basis for the Espionage Act and obstruction of justice charges against Trump; the FBI retrieved 101 classified documents despite Trump’s lawyers having previously claimed that they had complied with an earlier subpoena to return all classified materials.The House judiciary committee has also taken a special interest in a fraught and disputed meeting between then-Trump legal team attorney Stanley Woodward and Bratt at justice department headquarters during the height of the classified documents case in November 2022.The Guardian previously reported on the complaint that Woodward filed in federal district court in Washington about the meeting, where he alleged Bratt discussed Woodward’s application to be a judge while trying to get the cooperation of Walt Nauta, Trump’s valet and Woodward’s client.In the filing, Woodward alleged that Bratt told him he did not think Woodward was a “Trump guy” and that “he would do the right thing” and get Nauta to testify against Trump in the classified documents case.The allegation was that Bratt had engaged in possible misconduct by suggesting Woodward’s judgeship application might be considered more favorably if he convinced his client to flip. The matter was referred to the justice department’s office of professional responsibility but it does not appear as though any action was taken.The extent of any potential impact on the case was unclear, since the meeting did not appear to have directly affected any testimony Nauta gave to prosecutors, and Bratt would not have had the ability to influence such an application, which is handled by the White House counsel’s office. More

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      Trump administration mulling end to legal right to challenge one’s detention

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      The Trump administration is considering suspending the writ of habeas corpus, the legal right to challenge one’s detention, Stephen Miller, a top White House adviser, said on Friday.“The constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus could be suspended in time of invasion. So that’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not,” Miller said to a group of reporters at the White House.The US constitution says: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The writ of habeas corpus has only been suspended four times in US history, most notably by Abraham Lincoln during the civil war. It was also suspended during efforts to fight the Ku Klux Klan in the 19th century in South Carolina, in the Philippines in 1905 and after Pearl Harbor.Suspending habeas corpus would be an extremely aggressive move that would dramatically escalate the Trump administration’s efforts to attack the rule of law in American courts as it tries to deport people without giving them a chance to challenge the basis of their removals.Miller, long known for his far-right positions on immigration, has sought to deploy a maximalist approach in carrying out mass deportations. The US government has already produced little evidence to justify immigrant deportations and in some cases has sought to remove students in the United States legally for expressing their views, specifically support for Palestinians.Many of the immigrants that the Trump administration has moved aggressively to deport – including Mahmoud Khalil and Rümeysa Öztürk – have filed habeas petitions challenging efforts to deport them.The administration has already attempted to deport people without due process by invoking the Alien Enemies Act, an 18th-century law that allows the president to do so in a time of war.The Trump administration has justified its actions by arguing that the US is under “invasion” by Tren de Aragua, a Venezuelan gang. Multiple judges have rejected the idea that the United States is under invasion and tried to halt the removals.But, while courts have tried to stop the administration’s efforts to unlawfully deport people, Trump has attacked judges for ruling against him and in some cases openly defied the courts. More

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      Indiana passes law threatening non-profit status of expensive hospitals

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      Indiana’s governor, Mike Braun, has signed a landmark bill that would strip charity hospitals of their non-profit status if they continue to charge high prices.The legislation, the first of its kind in the United States, followed uproar across the state after a Guardian series in October that investigated how one major Indiana non-profit hospital system bought up its competition, then hiked its prices, leaving businesses and patients struggling to pay their medical costs.In the wake of the Guardian investigation, Braun, then the Republican gubernatorial candidate, and his Democratic rival both criticized the hospital system, Parkview Health, for its high prices, and lawmakers vowed to take action against the non-profit chain, which charged some of the highest prices in the country despite being based in Fort Wayne, Indiana, the US’s most affordable metro area.Braun signed the legislation into law on Tuesday. It comes at a time of growing concern across the US about healthcare costs and medical debt.To implement the law, the Indiana office of management and budget will first study prices across the state and come up with a price benchmark for non-profit hospitals in consultation with the legislature, according to the bill’s author, Martin Carbaugh, a Republican representative who represents a district that includes Fort Wayne. Non-profit hospitals will then have until 2029 to get their prices under that average, though Carbaugh hopes some will lower their prices before then as they negotiate with insurers.“We’ll start to see the downward pressure put on them right away,” he said. “The hospitals know they can’t just go for broke and raise costs, only to have to lower it again in 2029.”According to data compiled by Hoosiers for Affordable Healthcare, an Indiana advocacy group, the legislation could result in average price reductions as large as 40% for Parkview, and similarly sized cuts for other large state hospital systems.“It’s gonna be beneficial to everybody,” said Doug Allen, a small business owner who has struggled to keep up with Parkview’s healthcare costs for his employees. “Maybe people won’t be hurting so bad. Maybe they won’t think twice before coming to the hospital. Almost everybody around here is on a payment plan with Parkview. Everybody owes money to Parkview.”Parkview Health did not respond to requests for comment but has previously said it is committed to lowering healthcare costs.In a statement, the Indiana Hospital Association said it was “concerned by the potential loss of non-profit status for hospitals based on meeting an unknown statewide average commercial price in the future. This does not take into consideration the uncertainty of rising cost pressures such as tariffs, inflation, and other significant economic factors that will further threaten the financial stability of Indiana’s health care ecosystem.”The group added that it looks forward to “continuing our work with legislators and Gov Braun’s administration on future solutions that strike the right balance of lowering costs while maintaining access for Hoosier patients”.The US spends far more on healthcare than other large, wealthy countries, a trend that has been exacerbated by decades of hospital consolidation limiting competition in the healthcare sector. Carbaugh said he was aware of how high healthcare prices are across the country and said Indiana’s legislation might be a model for other states too.“It’s great to be a leader,” he said. “I’m happy to be part of leading that charge.” More

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      Trump withdraws embattled candidate for top federal prosecutor in DC

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      Donald Trump on Thursday said he would look for a new candidate for the role of top federal prosecutor in Washington DC, after a key Republican senator said he would not support the loyalist initially selected for the job.The president had in January appointed Ed Martin, a former Missouri Republican party chair and ardent supporter of Trump’s baseless claims of fraud in the 2020 election, as interim US attorney in Washington DC, an office that oversees both felony prosecutions in the capital city as well as many national security cases.Martin had quickly made clear he intended to use the role to defend Trump, writing on social media that the office would act as “President Trumps’ [sic] lawyers” and saying he would not hire graduates of schools that practiced the diversity policies the president has vilified.Interim US attorneys must leave the role after 120 days unless they are confirmed by the Senate. Earlier this week, Thom Tillis, a North Carolina Republican who serves on the chamber’s judiciary committee, said he would not advance Martin’s nomination, denying the GOP the votes needed to get his nomination through the committee.Speaking at the White House on Thursday, Trump called Martin “a terrific person” but said “he wasn’t getting the support from people that I thought”.He added: “He wasn’t rejected, but we felt it would be very, it would be hard. And we have somebody else that we’ll be announcing over the next two days who’s going to be great.”Tillis, who will be a prime target of Democrats in next year’s midterm elections, cited Martin’s support for Trump’s pardon of January 6 insurrectionists on his first day in office.“I have no tolerance for anybody who entered the building on January the sixth, and that’s probably where most of the friction was,” Tillis told reporters at the Capitol.“If Mr Martin were being put forth as a US attorney for any district except the district where January 6 happened, the protest happened, I’d probably support him, but not in this district.”The top judiciary committee Democrat, Dick Durbin, welcomed Martin’s withdrawal.“Mr Martin’s record made it clear that he does not have the temperament or judgment to be entrusted with the power and responsibility of being US attorney for the District of Columbia. I’m relieved to see that his nomination will be withdrawn by the White House,” Durbin said in a statement.Earlier this month, National Public Radio reported on ties between Martin and Timothy Hale-Cusanelli, a January 6 rioter whom federal prosecutors called a “Nazi sympathizer”. Martin had told the Senate “I am not close with him”, despite appearing with Hale-Cusanelli at events and praising him.Martin is known for being active on X and, shortly after Trump announced the withdrawal of his nomination, posted what appears to be a doctored photo of himself dressed as the pope.

      This story was amended on 8 May 2025 to correct that Ed Martin was appointed in January, not February. More

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      Identity of second man illegally deported to El Salvador prison revealed

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      The identity of a second man illegally deported from the US by the Trump administration in defiance of a court order and now in detention in El Salvador has been revealed.Daniel Lozano-Camargo, a 20-year-old Venezuelan, was deported to El Salvador’s notorious Cecot terrorism confinement facility in March under the White House’s invocation of the Alien Enemies Act, Politico reported.His deportation came after authorities declared him, along with about 240 other men, to be a member of Tren de Aragua, a Venezuelan gang that the US government has defined as a terrorist organization. Lozano-Camargo’s family members deny that he has gang affiliations.Politico revealed Lozano-Camargo’s identity after a Maryland judge last month ruled that the Trump administration had improperly removed him in violation of a 2024 legal settlement that forbade immigration authorities from deporting him while his application for asylum was pending.The judge, Stephanie Gallagher, who was appointed to the bench by Trump, ordered officials to “facilitate” Lozano-Camargo’s return to the US. So far, the administration has not complied.He is reported to have entered the US in 2022 as an asylum seeker, initially spending time in a facility for underage migrants until he turned 18.According to Politico, he was subsequently twice arrested for possession of cocaine, most recently last November, and was sentenced in January to 120 days in prison. It was from there that he was transferred to the custody of the Immigration, Customs and Enforcement authority (Ice), which filed an application for his detention, claiming that he was in the country illegally.In her ruling, Gallagher agreed with immigrant rights advocates that Lozano-Camargo should not have been deported until his asylum application was resolved. While withholding his identity by referring to him only by a pseudonym, “Cristian”, she said he was “fleeing danger and threats in Venezuela”.Politico said Lozano-Camargo’s identity was disclosed in metadata embedded in government court filings.A justice department court filing released on Monday disputed the judge’s assessment, saying he belonged to “a violent terrorist gang”, thus disqualifying him from asylum in the US. Bringing him back to the US “would no longer serve any legal or practical purpose”, justice department lawyers wrote.Gallagher was due to further rule on the matter in a Baltimore court on Tuesday.Lozano-Camargo’s case resembles that of Kilmar Ábrego García, a Maryland resident who was deported to El Salvador in March despite a previous court order issued in 2019 establishing that he had protected status because he was at risk of violence if he was returned to the country of his origin. Ábrego García is Salvadorian by birth. The US government, which has claimed that he is a member of the MS-13 gang – something Ábrego García denies – admitted that he had been deported by mistake but has defied court orders to return him to the US.skip past newsletter promotionafter newsletter promotionÁbrego García was removed from the US on the same set of flights as Lozano-Camargo but has been transferred from Cecot to another facility because of the international publicity surrounding his case.Lozano-Camargo’s family has tried to draw attention to his plight in social media posts. His mother, Daniela, has proclaimed his innocence in a tearful Facebook video.Possessing a valid work permit, he is said to have been living in Houston and washing cars for a living before his detention.His deportation was among those highlighted by the Guardian in March, amid speculation that he was one of hundreds of Venezuelans singled out for removal on the basis of their tattoos, which authorities claimed identified them as members of Tren de Aragua.Lozano-Camargo is said to have several tattoos, including one bearing the name of his father – who died when he was a child. Critics say Tren de Aragua members do not use tattoos to advertise their membership of the gang. More