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    Harvard argues in court that Trump administration’s $2.6bn cuts are illegal

    Harvard University appeared in federal court on Monday to make the case that the Trump administration illegally cut $2.6bn from the storied college – a major test of the administration’s efforts to reshape higher education institutions by threatening their financial viability.US district judge Allison Burroughs heard arguments from Harvard and the Department of Justice. The cuts, imposed earlier this year, have halted major research efforts and Harvard argues they are a politically motivated attempt to pressure the school into adopting federal policies on student conduct, admissions, antisemitism and diversity.A ruling in favor of the university would revive Harvard’s sprawling scientific and medical research operation and hundreds of projects that lost federal money.“This case involves the government’s efforts to use the withholding of federal funding as leverage to gain control of academic decisionmaking at Harvard,” the university said in its complaint. “All told, the tradeoff put to Harvard and other universities is clear: allow the government to micromanage your academic institution or jeopardize the institution’s ability to pursue medical breakthroughs, scientific discoveries, and innovative solutions.”The case is being closely watched by other universities that have seen their research funds axed by the administration, which has suspended or threatened billions in grants and contracts from several institutions. The White House is reportedly close to finalizing a deal with Columbia University – the first institution it targeted for cuts – to restore $400m in funding in exchange for the university implementing a series of measures meeting the administration’s ideological demands.Harvard is the first – and so far only – university to sue.The university has separately sued the administration over its revocation of Harvard’s eligibility to host international students. (Trump has also threatened to revoke Harvard’s tax-exempt status, but he has taken no action to that effect so far.)Burroughs is overseeing both of Harvard’s cases against the administration and in June issued an injunction stopping the government from barring foreign Harvard students from entering the country.Monday’s hearing was the first time the court heard arguments about the legality of the administration’s funding cuts. The hearing ended without Burroughs issuing a ruling from the bench. A ruling is expected later in writing.Harvard’s lawsuit accuses Donald Trump’s administration of waging a retaliation campaign against the university after it rejected a series of demands in an 11 April letter from a federal antisemitism taskforce.The letter demanded sweeping changes related to campus protests, academics and admissions. For example, the letter told Harvard to audit the viewpoints of students and faculty and admit more students or hire new professors if the campus was found to lack diverse points of view. The letter was meant to address government accusations that the university had become a hotbed of liberalism and tolerated anti-Jewish harassment on campus.A lawyer for the government, Michael Velchik, said in court on Monday that the government has authority to cancel research grants when an institution is out of compliance with the president’s directives. He said episodes at Harvard violated Trump’s order combating antisemitism.Burroughs pushed back, questioning how the government could make “ad-hoc” decisions to cancel grants and do so across Harvard without offering evidence that any of the research is antisemitic.She also argued the government had provided “no documentation, no procedure” to “suss out” whether Harvard administrators “have taken enough steps or haven’t” to combat antisemitism.“The consequences of that in terms of constitutional law are staggering,” Burroughs said during Monday’s hearing. “I don’t think you can justify a contract action based on impermissible suppression of speech. Where do I have that wrong.”Velchik said the case comes down to the government’s choosing how best to spend billions of dollars in research funding.“Harvard claims the government is anti-Harvard. I reject that,” Velchik said. “The government is pro-Jewish students at Harvard. The government is pro-Jewish faculty at Harvard.”skip past newsletter promotionafter newsletter promotionAlan Garber, Harvard’s president, pledged to fight antisemitism but said no government “should dictate what private universities can teach, whom they can admit and hire, and which areas of study and inquiry they can pursue”.The same day Harvard rejected the demands, Trump officials moved to freeze $2.2bn in research grants. Linda McMahon, the US education secretary, declared in May that Harvard would no longer be eligible for new grants, and weeks later the administration began canceling contracts with Harvard.As Harvard fought the funding freeze in court, individual agencies began sending letters announcing that the frozen research grants were being terminated. They cited a clause that allows grants to be scrapped if they no longer align with government policies.Harvard, which has the nation’s largest endowment at $53bn, has moved to self-fund some of its research, but warned it can’t absorb the full cost of the federal cuts.In court filings, the school said the government “fails to explain how the termination of funding for research to treat cancer, support veterans, and improve national security addresses antisemitism”.The Trump administration denies the cuts were made in retaliation, saying the grants were under review even before the April demand letter was sent. It argues the government has wide discretion to cancel contracts for policy reasons.“It is the policy of the United States under the Trump administration not to fund institutions that fail to adequately address antisemitism in their programs,” it said in court documents.Last month, the Trump administration formally issued a finding that the school tolerated antisemitism – a step that eventually could jeopardize all of Harvard’s federal funding, including federal student loans or grants. The penalty is typically referred to as a “death sentence”.While Harvard’s cases against the administration proceeds in court, the university is reportedly also negotiating with the administration for a deal that might end the dispute out of court. More

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    Hundreds of Nasa workers rebuke ‘arbitrary’ Trump cuts in scathing letter

    Almost 300 current and former US Nasa employees, including at least four astronauts, have issued a scathing dissent opposing the Trump administration’s sweeping and indiscriminate cuts to the agency, which they say threaten safety, innovation and national security.The formal letter, titled The Voyager Declaration, is addressed to the acting Nasa administrator, Sean Duffy, a staunch Trump loyalist appointed on 7 July who is also his transportation secretary. The declaration, which is dedicated to 17 astronauts who have died in past spaceflight incidents, warns of catastrophic consequences if the proposed cuts to science grants, staffing and international missions are implemented.“Major programmatic shifts at Nasa must be implemented strategically so that risks are managed carefully,” the letter said. “Instead, the last six months have seen rapid and wasteful changes which have undermined our mission and caused catastrophic impacts on Nasa’s workforce.“We are compelled to speak up when our leadership prioritizes political momentum over human safety, scientific advancement, and efficient use of public resources. These cuts are arbitrary and have been enacted in defiance of congressional appropriations law. The consequences for the agency and the country alike are dire.”The letter sounds the alarm over suggested changes to Nasa’s Technical Authority, a system of safety checks and balances established in the wake of the 2003 Columbia shuttle disaster that killed seven astronauts. “The culture of organizational silence promoted at Nasa over the last six months already represents a dangerous turn away from the lessons learned after the Columbia disaster,” the declaration states.The declaration has 131 named signatures – including at least 55 current Nasa employees – and 156 anonymous signatories. Interim administrator Duffy, a former television host who was appointed after the ousting of a longtime Nasa employee, Janet Petro, is the final step in the chain of Technical Authority command.Trump’s billionaire donor and former ally Elon Musk oversaw the loss of at least 2,600 of Nasa’s 17,000-plus employees, according to Politico, before the billionaire businessman stepped back from the so-called “department of government efficiency” (Doge). So far, at least $120m in Nasa grants have been terminated, and the White House has proposed slashing a quarter of the agency’s total budget for next year. International missions have been cancelled, and almost half the agency’s science budget could be cut in 2026.The signatories said they dissent from the indiscriminate cuts to Nasa research which supports national security by ensuring the US role as a global leader in science and technology. “Basic research in space science, aeronautics, and the stewardship of the Earth are inherently governmental functions that cannot and will not be taken up by the private sector,” the letter says.The Voyager Declaration, named after the twin Nasa spacecraft that are exploring interstellar space, is only the latest formal dissent against Trump’s unprecedented assault on science and federal agencies.In June, at least 300 employees at the National Institutes of Health (NIH) published a declaration calling for the restoration of grants into life-saving treatments that the Trump administration had “delayed or terminated for political reasons”.Earlier in July, 140 workers at the Environmental Protection Agency (EPA) were placed on administrative leave after signing a letter highlighting key concerns including a culture of fear at the agency, the cancellation of environmental justice programs and grants, undermining public trust and “ignoring scientific consensus to protect polluters”. More

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    Migrants at Ice jail in Miami made to kneel to eat ‘like dogs’, report alleges

    Migrants at a Miami immigration jail were shackled with their hands tied behind their backs and made to kneel to eat food from styrofoam plates “like dogs”, according to a report published on Monday into conditions at three overcrowded south Florida facilities.The incident at the downtown federal detention center is one of a succession of alleged abuses at Immigration and Customs Enforcement Agency (Ice) operated jails in the state since January, chronicled by advocacy groups Human Rights Watch, Americans for Immigrant Justice, and Sanctuary of the South from interviews with detainees.Dozens of men had been packed into a holding cell for hours, the report said, and denied lunch until about 7pm. They remained shackled with the food on chairs in front of them.“We had to eat like animals,” one detainee named Pedro said.Degrading treatment by guards is commonplace in all three jails, the groups say. At the Krome North service processing center in west Miami, female detainees were made to use toilets in full view of men being held there, and were denied access to gender-appropriate care, showers, or adequate food.The jail was so far beyond capacity, some transferring detainees reported, that they were held for more than 24 hours in a bus in the parking lot. Men and women were confined together, and unshackled only when they needed to use the single toilet, which quickly became clogged.“The bus became disgusting. It was the type of toilet in which normally people only urinate but because we were on the bus for so long, and we were not permitted to leave it, others defecated in the toilet,” one man said.“Because of this, the whole bus smelled strongly of feces.”When the group was finally admitted into the facility, they said, many spent up to 12 days crammed into a frigid intake room they christened la hierela – the ice box – with no bedding or warm clothing, sleeping instead on the cold concrete floor.There was so little space at Krome, and so many detainees, the report says, that every available room was used to hold new arrivals.“By the time I left, almost all the visitation rooms were full. A few were so full men couldn’t even sit, all had to stand,” Andrea, a female detainee, said.At the third facility, the Broward transitional center in Pompano Beach, where a 44-year-old Haitian woman, Marie Ange Blaise, died in April, detainees said they were routinely denied adequate medical or psychological care.Some suffered delayed treatment for injuries and chronic conditions, and dismissive or hostile responses from staff, the report said.In one alleged incident in April at the downtown Miami jail, staff turned off a surveillance camera and a “disturbance control team” brutalized detainees who were protesting a lack of medical attention to one of their number who was coughing up blood. One detainee suffered a broken finger.All three facilities were severely overcrowded, the former detainees said, a contributory factor in Florida’s decision to quickly build the controversial “Alligator Alcatraz” jail in the Everglades intended to eventually hold up to 5,000 undocumented migrants awaiting deportation.Immigration detention numbers nationally were at an average of 56,400 per day in mid-June, with almost 72% having no criminal history, according to the report.The daily average during the whole of 2024 was 37,500, HRW said.The groups say that the documented abuses reflect inhumane conditions inside federal immigration facilities that have worsened significantly since Trump’s January inauguration and subsequent push to ramp up detentions and deportations.“The anti-immigrant escalation and enforcement tactics under the Trump administration are terrorizing communities and ripping families apart, which is especially cruel in the state of Florida, which thrives because of its immigrant communities,” said Katie Blankenship, immigration attorney and co-founder of Sanctuary of the South.“The rapid, chaotic, and cruel approach to arresting and locking people up is literally deadly and causing a human rights crisis that will plague this state and the entire country for years to come.”The Guardian has contacted Ice for comment. More

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    Trump news at a glance: president goes on offensive over NFL and MLB team names

    Donald Trump has weighed into a new fight – this time with two sports teams. The president wants Washington’s football franchise the Commanders and Cleveland baseball team the Guardians to revert to their former names, which were abandoned in recent years due to being racially insensitive to Native Americans.Trump said on Sunday on Truth Social that: “The Washington ‘Whatever’s’ should IMMEDIATELY change their name back to the Washington Redskins Football Team …. Likewise, the Cleveland Indians, one of the six original baseball teams, with a storied past.”Josh Harris, whose group bought the Commanders in 2023, said earlier this year the name was here to stay. The Guardians’ president of baseball operations, Chris Antonetti, indicated before Sunday’s game against the Athletics that there weren’t any plans to revisit the name change.Here is more on this and other key Trump stories of the day:Trump demands Guardians and Commanders change namesDonald Trump has said that he would move to block the Commanders’ plans to build a new stadium at the old RFK Stadium site in Washington DC unless they changed their name. It is unclear if Trump would be able to do so. The RFK Stadium site was once on federal land but Joe Biden signed a bill earlier this year – one of his final acts in office – transferring control to the DC city government for a 99-year term.Trump also posted that the call to change names applied to Cleveland’s baseball team, which he called “one of the six original baseball teams”.Read the full storyIce secretly deports man, 82, from PennsylvaniaAn 82-year-old man in Pennsylvania was secretly deported to Guatemala after visiting an immigration office last month to replace his lost green card, according to his family, who have not heard from him since and were initially told he was dead.According to Morning Call, which first reported the story, longtime Allentown resident Luis Leon – who was granted political asylum in the US in 1987 after being tortured under the regime of the Chilean dictator Augusto Pinochet – lost his wallet containing the physical card that confirmed his legal residency. He and his wife booked an appointment to get it replaced and when he arrived at the office on 20 June he was handcuffed by two Immigration and Customs Enforcement (Ice) officers, who led him away from his wife without explanation, she said. The family said they made efforts to find any information on his whereabouts but learned nothing.Read the full storyIce chief says he will continue to allow agents to wear masksThe head of US Immigration and Customs Enforcement (Ice) said on Sunday he would keep allowing the controversial practice of his officers wearing masks over their faces during their arrest raids.As Trump has ramped up his unprecedented effort to deport immigrants around the country, Ice officers have become notorious for wearing masks to approach and detain people, often with force. Legal advocates and attorneys general have argued that it poses accountability issues and contributes to a climate of fear.Read the full storyUS scientists describe impact of Trump cutsScores of scientists conducting vital research across a range of fields from infectious diseases, robotics and education to computer science and the climate crisis have responded to a Guardian online callout to share their experiences about the impact of the Trump administration’s cuts to science funding.Many said they had already had funding slashed or programs terminated, while others feared that cuts were inevitable and were beginning to search for alternative work, either overseas or outside science. So far the cuts have led to a 60% reduction in Johnson’s team, and fear is mounting over the future of 30 years of climate data and expertise as communities across the US are battered by increasingly destructive extreme weather events.Read the full storyTrump fossil-fuel push setting back green progress decades, critics warnEver since Donald Trump began his second presidency, he has used an “invented” national energy emergency to help justify expanding oil, gas and coal while slashing green energy – despite years of scientific evidence that burning fossil fuels has contributed significantly to climate change, say scholars and watchdogs.It’s an agenda that in only its first six months has put back environmental progress by decades, they say.Read the full storyWhat else happened today:

    Trump said he would help Afghans detained in the United Arab Emirates for years after fleeing their country when the US pulled out and the Taliban took power.

    Polls released on Sunday showed falling support among Americans for Trump’s hardline measures against illegal immigration, as the Republican president celebrated six months back in power. Polls from CNN and CBS show Trump has lost majority support for his deportation approach.

    A growing group of African Americans are ditching corporate big-box retail stores that rolled back their DEI programs and instead are shopping at small, minority- and women-owned businesses they believe value their dollars more.
    Catching up? Here’s what happened on 19 July. More

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    Ice chief says he will continue to allow agents to wear masks during arrest raids

    The head of US Immigration and Customs Enforcement (Ice) said on Sunday that he will continue allowing the controversial practice of his officers wearing masks over their faces during their arrest raids.As Donald Trump has ramped up his unprecedented effort to deport immigrants around the country, Ice officers have become notorious for wearing masks to approach and detain people, often with force. Legal advocates and attorneys general have argued that it poses accountability issues and contributes to a climate of fear.On Sunday, Todd Lyons, the agency’s acting director, was asked on CBS Face the Nation about imposters exploiting the practice by posing as immigration officers. “That’s one of our biggest concerns. And I’ve said it publicly before, I’m not a proponent of the masks,” Lyons said.“However, if that’s a tool that the men and women of Ice to keep themselves and their family safe, then I will allow it.”Lyons has previously defended the practice of mask-wearing, telling Fox News last week that “while I’m not a fan of the masks, I think we could do better, but we need to protect our agents and officers”, claiming concerns about doxxing (the public revealing of personal information such as home addresses), and declaring that assaults of immigration officers have increased by 830%.While data from January 2024 to June 2024 does show 10 reported assaults on Ice officers compared to 79 during the same period last year, those six months have also seen Ice agents descend in record numbers on streets, businesses, farms and public spaces, rounding up and detaining mostly Latino people as part of a massive Trump administration push to rid the US of as many as 1 million immigrants every year.Videos have flooded social media showing Ice agents wearing masks over their faces, detaining people without immediately identifying themselves, refusing to answer questions or explaining why people are being detained, and pushing them into unmarked cars with tinted windows.“I do kind of push back on the criticism that they don’t identify themselves,” Lyons said. “Men and women of Ice, and our DoJ partners, and local law enforcement partners who do help us are identified on their vest.” The only identification many agents wear is body armor marked with the word “police”, despite not being police officers.The interview was described as the first major network sit-down at Ice headquarters in Washington.Lyons also confirmed in the interview that Ice obtained and is using Medicaid data to track down immigrants believed to be in the US unlawfully, despite undocumented people not being eligible to receive Medicaid.White people comprise the largest share of Medicaid recipients, at 39.6%.A June report from the Pew Research Center found that 84.2% of Medicaid recipients are born in the US, 6.6% are naturalized citizens and 9.2% are foreign-born non-citizens authorized to be in the US.As well as the tens of thousands of arrests, there have been several reported cases of masked criminals posing as Ice officers, such as a man in Raleigh, North Carolina accused in January of kidnapping and raping a woman, threatening to deport her if she didn’t comply, or a man in Brooklyn attempting in February to rape a 51-year-old woman. In April 2025, a Florida woman posed as an immigration officer to briefly kidnap her ex-boyfriend’s wife from her job.Ice agents have also been reported to overstate assaults, such as in New York City mayor candidate Brad Lander’s arrest by immigration officers, where Lander was accused of assaulting officers despite charges being dropped later that day.skip past newsletter promotionafter newsletter promotionCritics say using a mask allows Ice agents to obscure accountability and avoid transparency for their actions.“The use of masks is one among a panoply of legal issues presented by the administration’s recent actions against immigrants and visitors (and some citizens) but a significant one that can – and should – be immediately addressed and remedied,” said the New York City Bar Association in a statement on the practice.A coalition of 21 state attorneys general, including New York’s Letitia James, wrote to Congress last week urging it pass legislation prohibiting “federal immigration agents from wearing masks that conceal their identity and require them to show their identification and agency-identifying insignia”. In California, state legislators last month proposed the No Vigilantes Act, which would require federal agents to provide identification, including their last name and badge or ID number.“We have a Los Angeles Police Department that has to deal with crime in this city every single day – and they’re not masked, and they stay here,” said the mayor of Los Angeles, Karen Bass, in a Sunday interview with ABC News.“I don’t think you have a right to have a mask and snatch people off the street.” More

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    Ice secretly deported Pennsylvania grandfather, 82, after he lost green card

    An 82-year-old man in Pennsylvania was secretly deported to Guatemala after visiting an immigration office last month to replace his lost green card, according to his family, who have not heard from him since and were initially told he was dead.According to Morning Call, which first reported the story, long-time Allentown resident Luis Leon – who was granted political asylum in the US in 1987 after being tortured under the regime of the Chilean dictator Augusto Pinochet – lost his wallet containing the physical card that confirmed his legal residency. So he and wife booked an appointment to get it replaced.When he arrived at the office on 20 June, however, he was handcuffed by two Immigration and Customs Enforcement (Ice) officers, who led him away from his wife without explanation, she said. She herself was kept in the building for 10 hours until relatives picked her up.The family said they made efforts to find any information on his whereabouts but learned nothing.Then, sometime after Leon was detained, a woman purporting to be an immigration lawyer called the family, claiming she could help – but did not disclose how she knew about the case, or where Leon was.On 9 July, according to Leon’s granddaughter, the same woman called them again, claiming Leon had died.A week later, however, they discovered from a relative in Chile that Leon was alive after all – but now in a hospital in Guatemala, a country to which he has no connection.According to Morning Call, the relative said Leon had first been sent to an immigration detention center in Minnesota before being deported to Guatemala – despite not appearing on any Ice detention deportation lists.A recent supreme court decision ruled the Trump administration could deport immigrants to other countries beside their country of origin.In his nearly 40 years living in the US, Leon spent his career working in a leather manufacturing plant, and raised a family. He had since retired.His condition at the hospital in Guatemala is unknown. He suffers from diabetes, high blood pressure and a heart condition, according to his family, who said they are planning to fly to Guatemala to see him.An Ice official told the Morning Call it was investigating the matter. More

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    To defeat Trump, the left must learn from him | Austin Sarat

    In the first six months of his second term as president, Donald Trump has dominated the national political conversation, implemented an aggressive agenda of constitutional reform, scrambled longstanding American alliances, and helped alter US political culture.Pro-democracy forces have been left with their heads spinning. They (and I) have spent too much time simply denouncing or pathologizing him and far too little time learning from him.And there is a lot to learn.Not since the middle of the twentieth century, when Franklin Delano Roosevelt led a constitutional revolution, has any president achieved so much of his agenda in so short a time. But to recognize Trump’s political genius is not to say that it has been put to good use or that he has been a good president.Like others who see “connections and possibilities in circumstances that even people who are smart in conventional ways do not see,” the president has shown himself to be adept at reading the temper of the times, exploiting weaknesses in others, and assembling a coalition of the faithful that others would have never thought possible. What PittNews’ Grace Longworth wrote last September has been confirmed since he returned to the Oval Office.“Trump is not as crazy or dumb as his opposition would like to believe he is,” Longsworth said.Trump’s genius is demonstrated by his ability to transform “calamitous errors into political gold”. In the past six months, he has continued to do what he has done since he first appeared on the national political scene. From then until now, he has convinced millions of Americans to buy into his version of events and not to believe what they see with their eyes.Insurrectionists become patriots. Law-abiding immigrants become threats to America’s way of life. Journalists become “enemies of the people”.It’s magic.Of course, the last six months have not been all smooth sailing for the president, who is now embroiled in a controversy about releasing material about the child sexual offender Jeffrey Epstein.But Trump succeeds because he is undaunted by critics and unfazed by the kinds of barriers that would throw any ordinary politician off their game. When necessary, he makes things up and repeats them until what he says seems to be real.None of this is good for democracy.Trump has done what millions of Americans want done: transform the political system. He has not been afraid to call into question constitutional verities. The greatest, and most dangerous, achievement of the president’s first six months has been reshaping the balance of power among the executive, legislative, and judicial branches.The president has activated a political movement that has produced what Yale Law Professor Bruce Ackerman describes as “constitutional moments.” In those moments, fundamental political change happens without any formal change in the language of the Constitution itself.“Normal politics is temporarily suspended in favor of a ‘constitutional politics,’ focused on fundamental principles.” Since January, the Trump administration’s actions have indeed focused the attention of the nation on such principles.Like it or not, Donald Trump is turning the constitution on its head, changing it from a Republican to an authoritarian document. And with every passing day, we see that transformation happening.The Republican majority in Congress seems eager to let the president reshape the constitution and take on functions that it clearly assigns to the legislature. Tariffs, Congress is supposed to decide. Dissolving executive departments, Congress is supposed to decide. War powers, they belong to Congress.But you’d never know any of that from the way the president has behaved since 20 January.The supreme court has followed suit, giving its blessing to his aggressive assertions of executive authority even when they violate the clear meaning of the constitution. The court even severely limited the role of the lower courts by denying them the right to issue nationwide injunctions to stop the president from acting illegally.Beyond Congress and the court, it seems clear that pro-democracy forces did not do all they could have to prepare for this moment. Trump’s opponents have not learned from Trump how to effectively counter his “constitutional moment”.So what can we do?We can learn from Trump the importance of telling a simple, understandable story and sticking to it. Pro-democracy forces need to pick a message and repeat it again and again to drive it home. There is surely no one in America who has not heard the phrase Make America Great Again and does not associate Maga with Trump. We can learn to appeal to national pride and drive home that national greatness requires addressing the daily experiences of ordinary Americans in language of the kind they use.Make America Affordable Again. Make America Work Again for Everyone. Think X, Instagram, and what works on a podcast.Pro-democracy forces can learn to be as determined and undaunted in defense of democracy as the president has been in his assault on it. Take off the gloves. Show your teeth, take no prisoners. Trump has shown that it matters to voters not just what you stand for but also how you go about standing for it.skip past newsletter promotionafter newsletter promotionSmile less, swear more.We can learn from the president that political success requires building a movement and not being trapped by the norms and conventions of existing political organizations. Remember Trump has gotten to where he is not by being an acolyte of Republican orthodoxy but by being a heretic.In the age of loneliness, pro-democracy forces need to give people the sense that they are caught up in a great cause.We can learn from the president that if the pro-democracy movement is to succeed, it needs to offer its own version of constitutional reform. Stop talking about preserving the system and start talking about changing it in ways that will make government responsive and connect it to the lives that people live.The six-month mark in his second term is a good moment to dedicate or rededicate ourselves to that work.What’s giving me hope nowEvery Friday since April, I have organized a Stand Up for Democracy protest in the town where I live. People show up.They hold signs and come to bear witness, even if what they do will not convert anyone to democracy’s cause. They want to affirm their belief that democracy matters, and they want to do so publicly.Some are fearful, worried that they will somehow be punished for participating, but they show up.In addition, Harvard University’s willingness to resist the Trump administration’s demands that threatened academic freedom and institutional independence set a powerful example. Whether or not the university reaches an agreement with the administration, Harvard’s example will still matter.It is also true, as Axios reports, that protests against Trump administration policies and allies “have attracted millions in the last few months: Tesla Takedown in March, Hands Off! and 50501 in April, May Day, No Kings Day in June, and Free America on Independence Day”. Another mass event, “Good Trouble Lives On,” occurred on 17 July, “commemorating the fifth anniversary of the death of civil rights leader and former Rep John Lewis”.Those events need to happen more frequently than once a month. But they are a start.Axios cites Professor Gloria J Browne-Marshall, who reminds us that “effective protesting often starts with an emotional response to policy or an event, swiftly followed by strategy … The current movement is reaching that second stage”. In that stage, it has a chance to “‘actually make change in the government’.”I think that the seeds of that kind of opposition have been planted. But there is no time to waste if we are to prevent Trump’s political ingenuity from succeeding in permanently reshaping the institutions and practices of our constitutional republic towards authoritarianism.

    Austin Sarat, William Nelson Cromwell professor of jurisprudence and political science at Amherst College, is the author or editor of more than 100 books, including Gruesome Spectacles: Botched Executions and America’s Death Penalty More

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    Atlanta journalist fights deportation from Ice jail despite dropped charges: ‘I’m seeing what absolute power can do’

    Prosecutors dropped the last remaining charges against Atlanta-area journalist Mario Guevara last week after he was arrested while livestreaming a protest in June. But the influential Salvadorian reporter remains penned up in a south Georgia detention center, fending off a deportation case, jail house extortionists and despair, people familiar with his situation told the Guardian.Donald Trump’s administration has been extreme in unprecedented ways to undocumented immigrants. But Guevara’s treatment is a special case. Shuttled between five jail cells in Georgia since his arrest while covering the “No Kings Day” protests, the 20-plus-years veteran journalist’s sin was to document the undocumented and the way Trump’s agents have been hunting them down.Today, according to the Committee to Protect Journalists, he’s the only reporter in the United States sleeping in a prison cell for doing his job.View image in fullscreen“For the first time in my life, I’m seeing what absolute power can do,” said Guevara’s attorney, Giovanni Díaz. “Power that doesn’t care about optics. Power that doesn’t care about the damage to human lives to achieve a result I’ve only heard about as some abstract thing that we heard about in the past, usually talking about other governments in the way that they persecute individuals. This is powerful.”Around Atlanta, Guevara has been the person that immigrants call when they see an Immigrations and Customs Enforcement (Ice) raid going down in their neighborhood.Guevara had been working for La Prensa Gráfica, one of El Salvador’s main newspapers, when he was attacked at a protest rally held by the leftwing group Farabundo Martí National Liberation Front (FMLN) in 2003. The former paramilitary organization viewed reporters from his paper as aligned with the rightwing government, and threatened his life. He fled to the United States in 2004, seeking asylum with his wife and daughter, entering legally on a tourist visa.He has been reporting for Spanish-language media in the United States ever since, riding a wave of Latino immigration to the Atlanta suburbs to career success and community accolades. He began reporting on immigration crackdowns under the Obama administration, one of the few reporters to note a tripling of noncriminal immigration arrests in the Atlanta area, as noted in a 2019 New York Times video profile of his work.. He meticulously documented cases and interviewed the families of arrestees. People around Atlanta began to recognize him on the street as the journalist chasing la migra.His work continued through the Trump administration, drawing an audience of millions that followed him from Mundo Hispánico to the startup news operation he founded last year: MGNews or Noticias MG.“It’s a unique niche that was met by Mario’s innovation and entrepreneurialism, if you will,” said Jerry Gonzales, executive director of the Georgia Association of Latino Elected Officials and GALEO Latino Community Development Fund. “He developed a really strong relationship with the community. He developed significant trust with much of that community. And because of that, his eyeballs started increasing.”An immigration court judge denied Guevara’s asylum claim in 2012 and issued a deportation order. Guevara’s lawyers appealed, and the court granted administrative closure of the case. He wasn’t being deported. But he wasn’t given legal residency either. Instead, the government issued him a work permit, his lawyer said. With a shrug, he went back to work.Guevara is arguably the most-watched journalist covering Ice operations in the United States, a story that the English-language media had largely been missing, Gonzales said. And local police were well aware of his work. He has been negotiating with them for access to immigration enforcement scenes for more than a decade.“Mario Guevara is well known – sometimes liked sometimes not – but definitely well known by law enforcement agencies, particularly in DeKalb county and Gwinnett county, and also with federal agents, and particularly immigration agents,” Gonzales said.Gonzales, among others, believes this put a target on his back in the current administration.“It seems like law enforcement coordinated and colluded with the federal agents,” Gonzales said. Gonzales points to the misdemeanor traffic charges laid by the Gwinnett county sheriff’s office shortly after Guevara’s arrest in DeKalb county by the Doraville police department as evidence.“The facts and the timeline indicate that pretty clearly to anybody that’s been following this,” he claimed. “In this regard it’s particularly troubling, given that he is a journalist and his situation. He had no reason to have been targeted for his arrest.”The Department of Homeland Security has not responded to a request for comment about their relationship with local law enforcement. The Gwinnett county sheriff’s office said in a response to a lawmaker’s inquiry that it cooperates with Ice when deemed “mutually beneficial” but has not responded to requests for additional comment.Doraville’s police chief, Chuck Atkinson, has not replied to an email seeking answers and fled from questions about the case at a city hearing. But Doraville’s mayor, Joseph Geierman, denied a connection between Ice and Doraville’s arrest of Guevara.On 14 June, the day of his arrest, in Atlanta’s DeKalb county, Guevara darted around a Doraville police truck. A group of riot cops nearby took note. One shouted “last warning, sir! Get out of the road!”Guevara was helmeted and wearing a black vest over his red shirt with the word “PRESS” in white letters. James Talley, an officer with the Doraville police department, was wearing an olive drab Swat jumpsuit with a helmet and gas mask.A masked demonstrator set off a smoke bomb near the cops. Guevara ran into the street with a stabilized camera in hand to capture the police reaction and the crowd scampering out of the way, as was shown on a police body camera video.Police had issued a dispersal order and were kettling protesters out of Chamblee-Tucker Road. They chased the suspected bomb thrower into the crowd, to no avail. But Guevara was in front of them on a grassy slope.Police from DeKalb county managing the raucous protest had been taking verbal abuse from demonstrators for a while – a sharp contrast from other protests around Atlanta held that day. The protest was winding down. Body camera video from the event suggests Talley was in an arresting mood.“Keep your eye on the guy in the red shirt,” Talley said to another Swat officer from Doraville. “If he gets to the road, lock his ass up.”Talley pulled another police officer aside. “If he gets in the road, he’s gone,” Talley said. “He’s been warned multiple times.”The other officer drew a finger across his chest. “The press?” Yep, Talley replied.The three of them waited about 50ft away as a DeKalb county police officer approached Guevara on the hill, ordering him to get on the sidewalk. Guevara backed away from the officer, his attention focused on the recording, took two steps into the street, and the Doraville police pounced.Guevara pleaded for the police to be reasonable.“I’m with the media, officer!” Guevara said. “Let me finish!”People shouted at the officers “That’s the press!” as they walked him handcuffed to a vehicle. “Why are you all taking him! He didn’t do nothing.”More than one million people were watching Guevara’s livestream when he was arrested.Trump has stepped up his rhetorical attacks on journalists since his inauguration. Last week, he described a reporter asking about warnings and emergency response in the Texas flooding disaster as “an evil person”, an epithet he has turned to with increasing frequency.The Guevara case is a sign of increasing hostility toward a free press, said Katherine Jacobsen, a program coordinator for the Committee to Protect Journalists. She traced a through line from the Associated Press being barred from government briefings after it refused to accept the renaming of the Gulf of Mexico to the “Gulf of America”, then lawsuits and investigations reopened against media companies, then attacks on journalists covering protests in Los Angeles, then Australian writer Alistair Kitchen’s deportation seemingly in relation to his reporting on student protests.“Next thing you know, we have Mario Guevara, a long time Spanish-language reporter in the Atlanta metro area, who is in Ice detention,” she said. “It’s growing increasingly concerning by the day.”Guevara’s audience views it as more than an attack on press freedom, though. They view it as an attack on themselves.“He’s a test case to push the envelope for legal immigrants that have committed no crime, to trump up charges against them,” GALEO’s Gonzales said. “And the second piece is how to target journalists.”skip past newsletter promotionafter newsletter promotionGuevara’s arrest set off an immigration nightmare akin to the kind he has spent the last decade documenting.His arrest on a Saturday led to a weekend in DeKalb county’s decaying jail and a bond hearing that Monday. A magistrate court judge granted Guevara a no-dollar bond, but by then Ice had become aware of the arrest and placed Guevara on a hold. The jail released him into Ice custody, and held him briefly in a metro Atlanta facility.The next day, Gwinnett county charged Guevara with three misdemeanor traffic offenses, claiming that they were related to Guevara livestreaming a law enforcement operation a month earlier. The charges would be sufficient to keep him in jail and provide Ice an argument for his deportation at a federal bond hearing. The Gwinnett county sheriff’s office said Guevara’s livestreaming “compromised” investigations.Guevara’s attorneys tried to work quickly, Diaz said. “The detained dockets are so backed up, and the immigration detention centers are so overwhelmed that what used to take us two or three days to get a bond hearing now is taking about a week,” he said.Attorneys working for immigration enforcement argued in court that Guevara’s reporting constituted a “threat” to immigration operations.Jacobsen with CPJ was listening to the hearing when the government made that argument.“We felt a sense of alarm,” she said. “Alarm bells were raised by the government’s argument, as well as the judge not necessarily pushing back against the government’s argument that live streaming poses a danger to threaten law enforcement actions.”View image in fullscreenThe immigration judge granted Guevara a $7,500 bond for the immigration case. But Guevara’s family was not allowed to pay it because government attorneys appealed the bond order to the board of immigration appeals. But it took seven days for the court to issue a stay to the government’s appeal. Meanwhile, Ice began playing musical jail cells with Guevara.Over the course of the next three weeks, Ice shuttled Guevara between three different counties around Atlanta and eventually to the massive private prison Ice uses in Folkston, Georgia, 240 miles south-east of Atlanta on the Florida line.“We weren’t surprised that they appealed, because the government’s reserving and in most cases appealing everything, even stuff where they shouldn’t appeal because they’re wasting everybody’s time,” Diaz said. “But we didn’t really know the breadth of what they were trying to do to him.”Earlier this week, Todd Lyons, Ice’s acting director, issued a memo changing its policy on bond hearings, arguing that detainees are not entitled to those hearings before their deportation case is heard in court. Immigration advocates expect to challenge the move in court.But Guevara is not facing a criminal charge. The Gwinnett county solicitor’s office dropped the traffic charges last week, noting that two of them could not be prosecuted because they occurred on private property – the apartment complex – and the third lacked sufficient evidence for a conviction.For now, Ice has mostly kept Guevara in medical wards in jails even though he is healthy, Diaz said. “From the beginning, they’ve been keeping Mario under a special segregation because they’re claiming he’s a public figure. They want to make sure nothing happened to him.”Doraville is a municipality of about 10,800 in DeKalb county with a separate police force, and had been asked to assist managing the protest in the immigrant-heavy Embry Hills neighborhood nearby. Protests have become a regular occurrence in DeKalb county since the Trump administration’s immigration raids began.Doraville’s cops have displayed a more cooperative relationship with immigration law enforcement than many other metro Atlanta departments, and observers have raised questions about whether its police department arrested Guevara to facilitate an Ice detainer.Geierman, the mayor, denied those accusations.“The Doraville police department was not operating under the direction of, or in coordination with, US Immigration and Customs Enforcement (Ice) during the June 14th protest,” he said in a statement. “To the department’s knowledge, no Ice personnel were present at the event. Doraville officers were on site to support the DeKalb county sheriff’s office as part of a coordinated public safety effort.”Observers have also questioned Guevara’s charges from Gwinnett county – ignoring traffic signs, using a communication device while driving, and reckless driving – that stemmed from an incident that occurred in May, a month before his arrest.“Mario Guevara compromised operational integrity and jeopardized the safety of victims of the case, investigators, and Gwinnett county residents,” the department said in a statement.But Gwinnett’s belated prosecution left his attorneys gobsmacked.“In the narrative that they put out, they say he was livestreaming a police operation, and he was interfering,” Diaz said. “But when they went to a judge to get warrants, the only warrants the magistrate was able to sign for them was for traffic violations. I mean, that’s kind of telling.”“I think the whole thing is suspicious,” he added. “From the beginning, just everything seemed they were really making efforts to make it difficult for him to go free.”Marvin Lim, a Filipino American state representative whose district contains the apartment complex in Gwinnett in Guevara’s citation, has asked the sheriff’s office a detailed set of questions about the department’s relationship with federal immigration enforcement. He has not received an adequate response, he said in an open letter to the sheriff.An array of six advocacy organizations challenged Gwinnett’s sheriff, Keybo Taylor, in a letter Tuesday over Guevara’s arrest and the sheriff’s posture toward immigration enforcement, demanding details about the relationship. GALEO, among them, also issued a separate letter Wednesday calling on Taylor to be transparent about the Guevara arrest.Guevara “was arrested while doing the vital work that journalists in a democracy do”, GALEO’s letter states. “Not only do the circumstances surrounding his incarceration and subsequent immigration detainment stir serious civil rights concerns, but they also build upon an expanding sense of fear and confusion in Georgia’s most diverse county.”“I am being persecuted,” Guevara wrote in a 7 July letter seeking humanitarian intercession from, of all people, Nayib Bukele, El Salvador’s rightwing president.“I am about to complete a month in jail, and I need to get out in order to continue with my life, return to my work, and support my family,” Guevara wrote. “I have lived in the United States for nearly 22 years. I had never been arrested before. In these past three weeks, I have been held in five different jails, and I believe the government is trying to tarnish my record in order to deport me as if I were a criminal.”Guevara’s American-born son turned 21 this year, permitting him to sponsor Guevara’s green card and eventual citizenship. His application is pending, Diaz said. It may not matter.“This is the first time I’ve ever seen a stay filed for someone who has no convictions, has almost no criminal history in 20 years, and only had pending traffic violations,” Diaz said.“It’s clear that everybody’s working really hard to keep him detained.” More