More stories

  • in

    Trump administration asks supreme court to uphold order curtailing birthright citizenship – live

    The Trump administration has appealed to the supreme court to uphold the president’s executive order curtailing birthright citizenship, Reuters reports.Donald Trump signed the order shortly after taking office, but multiple federal judges have ruled against it in lawsuits filed by rights groups. Here’s more on the appeal, from Reuters:
    The Justice Department made the request challenging the scope of three nationwide injunctions issued against Trump’s order by federal courts in Washington state, Massachusetts and Maryland.
    The administration said the injunctions should be scaled back from applying universally and limited to just the plaintiffs that brought the cases and are “actually within the courts’ power.”
    “Universal injunctions have reached epidemic proportions since the start of the current administration,” the Justice Department said in the filing. “This court should declare that enough is enough before district courts’ burgeoning reliance on universal injunctions becomes further entrenched.”
    Trump’s order, signed on his first day back in office on January 20, directed federal agencies to refuse to recognize the citizenship of U.S.-born children who do not have at least one parent who is an American citizen or lawful permanent resident.
    The order was intended to apply starting February 19, but has been blocked nationwide by multiple federal judges.
    As our colleagues Anna Betts and Erum Salam reported on Wednesday, a government charging document addressed to Mahmoud Khalil, a permanent US resident and green card holder who is currently being held in a Louisiana detention center, said that secretary of state Marco Rubio “has reasonable ground to believe that your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States”.The phrase “potentially serious adverse foreign policy consequences for the United States” is a direct reference to a provision of the Immigration and Nationality Act of 1952 that gives the secretary of state the power to expel non-citizens deemed to be a threat.As the New York Times reported this week, in 1996, when the Clinton administration tried to use this provision to deport a former Mexican government official, a federal judge ruled that this section of the law was “void for vagueness”, deprived the non-citizen of “the due process right to a meaningful opportunity to be heard”, and was “an unconstitutional delegation of legislative power”.That judge was Maryanne Trump Barry, the president’s eldest sister, who was nominated to the federal bench by Ronald Reagan in 1983, elevated to an appeals court by Bill Clinton, and passed away in 2023.Although a three-judge appeals court panel later overturned her ruling on procedural grounds, in an opinion written by then-Circuit Judge Samuel Alito, the forceful language of her opinion still resonates with the arguments of Mahmoud Khalil’s lawyers:“Make no mistake about it. This case is about the Constitution of the United States and the panoply of protections that document provides to the citizens of this country and those non-citizens who are here legally and, thus, here as our guests”, Judge Barry wrote. “The issue before the court is not whether plaintiff has the right to remain in this country beyond the period for which he was lawfully admitted…[t]he issue, rather, is whether an alien who is in this country legally can, merely because he is here, have his liberty restrained and be forcibly removed to a specific country in the unfettered discretion of the Secretary of State and without any meaningful opportunity to be heard. The answer is a ringing ‘no’”.Corks were not popping on Wall Street on Thursday, as stocks plunged again following Donald Trump’s threat to impose a 200% tariff “on all wines, Champagnes, and alcoholic products” from European Union countries if the trading bloc makes good on its threat to retaliate for steel and aluminum tariffs announced by the US president by adding a 50% tariff on American products, including Kentucky bourbon.The sharp drop in the S&P 500 meant that a the index is now in “a correction” — a term used when when stocks falls 10 percent or more from their peak.While the Wall Street Journal blamed the drop on “investors on edge over new tariff threats”, pro-Trump media outlets further to the right, like Newsmax, sought to play down the president’s role in the plunging markets. “This correction is overdue”, a guest on the far-right network assured viewers on Thursday. “Nothing to do with Trump. Nothing to do with tariffs”.As the New Yorker staff writer John Cassidy noted in a podcast interview this week, the downturn began in the middle of February “when it became clear that Tump was serious about these tariffs, a lot of people on Wall Street thought he was bluffing”.Cassidy went on to explain that Trump appears to be wedded to a dream of undoing globalization and returning to a period in the 19th century when the United States was closer to being an autarky, a self-sufficient country, closed off from the rest of the world.That seems to jibe with Trump’s claim, in his announcement of the 200% tariff on Champagne, a form of sparkling wine that is only produced in the Champagne region of France, “This will be great for the Wine and Champagne businesses in the US”.The Trump administration has appealed to the supreme court to uphold the president’s executive order curtailing birthright citizenship, Reuters reports.Donald Trump signed the order shortly after taking office, but multiple federal judges have ruled against it in lawsuits filed by rights groups. Here’s more on the appeal, from Reuters:
    The Justice Department made the request challenging the scope of three nationwide injunctions issued against Trump’s order by federal courts in Washington state, Massachusetts and Maryland.
    The administration said the injunctions should be scaled back from applying universally and limited to just the plaintiffs that brought the cases and are “actually within the courts’ power.”
    “Universal injunctions have reached epidemic proportions since the start of the current administration,” the Justice Department said in the filing. “This court should declare that enough is enough before district courts’ burgeoning reliance on universal injunctions becomes further entrenched.”
    Trump’s order, signed on his first day back in office on January 20, directed federal agencies to refuse to recognize the citizenship of U.S.-born children who do not have at least one parent who is an American citizen or lawful permanent resident.
    The order was intended to apply starting February 19, but has been blocked nationwide by multiple federal judges.
    The US Postal Service will reduce its staff by 10,000 through early retirements, and has signed an agreement with Elon Musk’s department of government efficiency (Doge) to streamline its operations, postmaster general Louis DeJoy announced.USPS aims to reduce its workforce in 30 days, DeJoy said in a letter addressed to leaders of Congress – a much faster timeline than the 30,000 positions it reduced from fiscal year 2021.The postmaster added that Doge would help USPS “in identifying and achieving further efficiencies”.“This is an effort aligned with our efforts, as while we have accomplished a great deal, there is much more to be done. We are happy to have others to assist us in our worthwhile cause. The DOGE team was gracious enough to ask for the big problems they can help us with,” DeJoy said.A dozen national Jewish organizations are condemning the Trump administration for detaining and attempting to deport Columbia University student activist Mahmoud Khalil under the pretense of fighting antisemitism.“Arresting and/or deporting people because of their political views goes against the very foundation of our national identity and is profoundly un-American,” the groups wrote in a letter to homeland security secretary Kristi Noem today.The organizations, including J Street and T’ruah, warned that using antisemitism as justification for suppressing political dissent threatens both Jewish safety and democracy in the United States.The coalition are urging the administration to ensure Khalil receives due process and to stop “co-opting the fight against antisemitism” in ways that endanger vulnerable communities.White House press secretary Karoline Leavitt hit back at the federal judge who ordered the Trump administration to reinstate thousands of federal workers fired during their probationary terms, saying they overstepped their bounds.Leavitt added that the administration would appeal the decision. Here’s her statement:
    A single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch. The President has the authority to exercise the power of the entire executive branch – singular district court judges cannot abuse the power of the entire judiciary to thwart the President’s agenda. If a federal district court judge would like executive powers, they can try and run for President themselves. The Trump Administration will immediately fight back against this absurd and unconstitutional order.
    Several Senate Democrats have announced their determination to block passage of a measure approved by House Republicans earlier this week to keep the government funded through September and prevent a shutdown that will begin after Friday.It’s a significant move, as it raises the possibility that funding will lapse after midnight on Saturday, potentially handing Donald Trump the ability to further undermine the federal government’s operations. But several Democratic senators say it’s a fight worth having.Mark Kelly of swing state Arizona said:
    I cannot vote for the Republican plan to give unchecked power to Donald Trump and Elon Musk.
    I told Arizonans I’d stand up when it was right for our state and our country, and this is one of those moments.
    Fellow Arizonan Ruben Gallego said much the same (it’s worth noting neither man is up for election next year):
    This is a bad resolution that gives Elon Musk and his cronies permission to continue cutting veterans’ benefits, slashes resources for Arizona’s water needs, and abandons our wildland firefighters.
    Newly arrived New Jersey senator Andy Kim is against it:
    Republicans have made it so Musk and the most powerful win and everyone else loses. I don’t want a shutdown but I can’t vote for this overreach of power, giving Trump and Musk unchecked power to line their pockets. I’m a NO on the CR.
    So is Ben Ray Luján and Martin Heinrich, both of New Mexico:
    We want to see the federal government funded and functional, and we have been fighting every day to force this administration to put the chainsaw down when it comes to the healthcare, education, and VA benefits our communities depend on.
    But we won’t stand by as Republicans try to shove through this power grab masquerading as a funding bill. For the people of New Mexico, we will vote ‘no’ on Republicans’ continuing resolution.
    The GOP controls the Senate but will need at least some Democratic support to get the spending bill through. Despite this opposition, there is also a chance that enough Democrats will get on board with the bill for it to be enacted.Donald Trump’s order to release billions of gallons of water from California reservoirs is widely viewed in the state as a waste of water.Despite that, the president believes it helped Los Angeles deal with its risk of wildfires, a contention he just repeated, using some odd phrasing, in the Oval Office:
    I broke into Los Angeles. Can you believe it? I had a break in, I invaded Los Angeles, and we opened up the water, and the water is now flowing down. They have so much water, they don’t know what to do. They were sending it out to the Pacific for environmental reasons, okay, can you believe it? And in the meantime, they lost 25,000 houses … Nobody’s ever seen anything like it.
    The facts tell a different story:On Greenland, Trump gets asked about his vision for potential annexation of the island.“Well, I think it will happen. I’m just thinking, I didn’t give it much thought before, but I’m sitting with a man that could be very instrumental,” he says, as he turns to Rutte saying “Mark, we need that for international security … as we have a lot of our favourite players, cruising around the coast.”Rutte distances himself from his comments on annexing Greenland, but says Trump is right talking about growing risks in the North Arctic.Trump is then asked about the recent elections in Greenland, and says “it was a good election for us.”“The person that did the best is a very good person as far as we are concerned, so we will be talking about it and it is very important,” he says.The president says the US “is going to order” 48 icebreakers, and that would help to strengthen US position “as that whole area is becoming very important.”“So we are going to have to make a deal on that and Denmark is not able to do that [offer protection],” he says.He then mocks Denmark saying they have “nothing to do with that” as “a boat landed there 200 years ago or something, and they say they have rights to it?” “I don’t know if that is true.”“We have been dealing with Denmark, we have been dealing with Greenland, and we have to do it,” he says.He again suggests Nato could be involved given its bases there, and says “maybe you’ll see more and more soldiers” there. He then asked defence secretary Pete Hegseth if he should send more troops there. “Don’t answer that Pete,” he laughs.Reporters took the opportunity to question Trump and whether he’s willing to let up on the tariffs he is levying on major trade partners like Canada.“No, we’ve been ripped off for years,” Trump said. “I’m not going to bend at all.”He went on to say that the country has nothing the US needs but added that he loves Canada and mentioned its contributions like former Canadian ice hockey player, Wayne Gretzky.You can follow our Europe live blog for more on Trump and Rutte’s comments happening now:The Trump-Rutte meeting is being held to discuss the costs of supporting Ukraine as it defends itself against Russia.Trump said hundreds of billions of dollars are being spent and “really wasted” on defense for Ukraine. He said: “It’s also a tremendous cost to the United States and other countries.” More

  • in

    DoJ demands New York migrant shelter hotel give up names of people living there

    Federal prosecutors have sent a criminal subpoena to a Manhattan hotel housing undocumented immigrants through a New York City program providing shelter to asylum seekers, according to a copy of the filing obtained by the Guardian.The subpoena issued on Wednesday asks the hotel to provide “a list of full names of aliens currently residing” at the site as well as “any corresponding identifying information”, including dates of birth, nationality and identification numbers. The subpoena also asks the hotel to give evidence about “an alleged violation” of federal immigration law.A source shared the document on the condition that the Guardian not share the name of their employer because the hotel is now part of a federal criminal investigation.The subpoena marks the latest escalation in the Trump administration’s crackdown on undocumented immigrants. New York City is currently seeing a flurry of protests and demonstrations in defense of Columbia student Mahmoud Khalil, who is being targeted by the administration for deportation over his participation in pro-Palestinian campus demonstrations.The federal subpoena, sent to the hotel Wednesday by prosecutors for the southern district of New York, also appears to seek information about New York City government officials. It asks the hotel to provide the names of “entities and/or individuals that are responsible for the funding” of the “illegal immigrant/migrant shelter programs”.Officials for the mayor, Eric Adams, did not immediately respond to a request for comment from the Guardian.Two of the prosecutors named in the subpoena – Kevin Grossinger, assistant United States attorney, and Scott Laragy with the criminal division of the Department of Justice – declined to comment on the subpoena.Nicholas Biase, chief of public affairs for the US attorney’s office for the southern district of New York, did not immediately respond to a request for comment as of publication.In a phone call, Murad Awawdeh, president of the New York Immigration Coalition, criticized the subpoena, calling it an example of the Trump administration “weaponizing” the Department of Justice against New York City residents: “Instead of wasting government time and resources, we should be thinking of how we improve the daily lives of all the people who call this country home.”Since 2022, New York City’s municipal government has contracted with numerous hotels, including several prominent ones in midtown Manhattan, to help shelter an influx of immigrants seeking asylum. The shelters quickly became the sites of local political backlash and rightwing furor nationally.In February, Adams announced he would close an immigrant intake center at one of those sites, the Roosevelt Hotel. The decision came just weeks after Trump justice officials began moving to drop corruption charges against the mayor, a move that sparked numerous Department of Justice resignations.Adams has denied the allegations against him.Trump has been in office for less than two months, but has been active in enforcing his administration’s promised crackdown on immigration in the US. According to detention management data from the Department of Homeland Security, February 2025 saw more arrests than in any month in the last seven years. US immigration detention is also filled to capacity, at 47,600 detainees, a senior US Immigration and Customs Enforcement official said on a call with reporters on Wednesday, Reuters reported. More

  • in

    Trump is using Mahmoud Khalil to test his mass deportation plan | Heba Gowayed

    On 8 March, Mahmoud Khalil, a graduate student at Columbia University, was apprehended from university housing by Immigration and Customs Enforcement (Ice) agents. Khalil, a Palestinian and student leader at the Columbia encampments last year, was told by the arresting officers that his green card had been “revoked”, an action that only an immigration judge can decide. It has since been revealed that he is in Ice custody in La Salle, Louisiana, a detention site notorious for abuse.On Truth Social, Donald Trump celebrated the apprehension of Khalil, whom he called “a Radical Foreign Pro-Hamas Student” and bragged of more arrests to come.Khalil has not been accused, by anyone, of violating the law. Instead, his apprehension is a dangerous example of deportation as a retaliation for first amendment-protected speech. Simply put, Khalil was punished for protesting against US complicity in what is widely recognized as a genocide in Gaza. The Trump administration has exploited anti-Palestinian racism as a means to test its mass deportation goals: whitening the nation by eliminating immigrants and insisting that those who are here not challenge those in authority. Khalil’s arrest and detention reveals the fragility of our first amendment protections, of who does and does not have a voice in our nation.As a professor, I am troubled by the central role that academia, which in its ideal form is a bastion of free speech and critical thought, is playing in this assault on human rights. Universities and colleges have become consumed by a politics of consent, where to appease donors and politicians, leadership has collaborated in the targeting of their own students, and faculty largely remain silent in the face of assaults on them.As Israel began its bombardment of Gaza in October 2023, students across the nation set up encampments on their campuses, reminiscent of the anti-apartheid movement of decades past. The Gaza protests were overwhelmingly peaceful, with like-minded students from all backgrounds sharing meals and community.View image in fullscreenColumbia University administrators, for their part, called the the New York City police department to brutalize and arrest their students, criminalizing them. They have since sealed off the public spaces on their campus and restricted access to them, including illegally closing the 116th through street rather than risk any protest on the campus lawn. The brutality is ongoing: just last week, nine students from Barnard were arrested in a new escalation.Much has been written about the “Palestine exception” – the idea that advocating for Palestine is excluded from free speech protections. Well before 7 October 2023, people had been fired, sanctioned, or retaliated against for their writing and speech on issues related to the occupation of Palestine by Israel. Since then, the number has ballooned to thousands of cases as repression has intensified.In the lead-up to his arrest by Ice, Khalil reached out to Columbia twice asking for help, describing a “dehumanizing doxing campaign led by Columbia affiliates Shai Davidai and David Lederer” including a tweet by Davidai, a faculty member at Columbia, who called Khalil a “terror supporter” and tagged Marco Rubio, the secretary of state, to demand his deportation.Rubio deployed the racialized language of “terrorism” to announce that he would target international students for “visa denial or revocation, and deportation”. The announcement was applauded by Senator Tom Cotton and the House committee on foreign affairs, which tweeted from its official account: “Terrorist sympathizers are not welcome in the United States of America. Thank you @SecRubio and @POTUS for your leadership. Deport them all!”The campaign against Khalil, which White House officials admit is a blueprint for targeting other students, was successful. It was later reported that Rubio himself signed the warrant for his arrest, using a little-known provision in the law that allows the secretary of state to unilaterally determine whose presence is warranted in the nation. It means that the fate of Palestinians such as Khalil is being left to those who would dox a student, to those who want to ethnically cleanse Gaza.Democratic politicians came to Khalil’s defense even as they continued to condemn the protests that he was a part of, even as they saw it fitting to use the power of the federal government to sanction students for daring to speak out. In a statement criticizing the arrest, Hakeem Jeffries still felt compelled to describe Khalil exercising his right to protest as creating “an unacceptable hostile academic environment for Jewish students”.Columbia has not issued any statement of support for Khalil or for other immigrant students. Instead, the school updated its website stating that Ice could enter campus property without a judicial warrant in the case of “risk of imminent harm to people or property”. In other words, Columbia is endorsing that deportation – the torturous and forcible removal of a person from their life – is a fitting consequence for protest. It instructed its faculty to continue operating as “usual”.skip past newsletter promotionafter newsletter promotionThe implications of this are extraordinary and alarming. It means that as the country takes an authoritarian turn, as the laws become more McCarthyist, more draconian, this university and others are choosing to align themselves with that turn, to go above and beyond to apply the “law”, even if it means greenlighting the abduction of their students.To be sure, Columbia is not the only campus guilty of silencing pro-Palestinian voices. Last year I protested outside the City College of New York as my own students were loaded into police vans at the behest of chancellor of the City University of New York. In February, an advertisement for a Palestine studies position was removed from our hiring platform due to the intervention of the New York governor, Kathy Hochul, who deemed it to be “antisemitic” because it included the words “genocide” and “apartheid”.I am regularly in conversation with faculty who have lost their jobs, with students who have been expelled from their institutions for protest, with people across universities, across the country, who have been doxed and sanctioned and reprimanded for their voice.The tools of oppression, wielded against those students and faculty whose opinions run contrary to those who are in power, are now undermining the very foundations of this democracy. The freedom of Khalil – who is not a political symbol, but an expectant father – the freedom of everyone who raises their voice for Palestine, and the freedom of Palestinians themselves are tethered to all of our freedoms. Khalil’s safety is tied to that of every immigrant, whether on a student or an H1-B visa, or a permanent resident, or even a naturalized citizen. His freedom is tethered to everyone who cares about their right to free expression.As his case is adjudicated in the courts, which considers its legal dimensions, it is not just Mahmoud Khalil who is on trial, but the entirety of a nation teetering on the edge of authoritarianism. More

  • in

    Trump is using antisemitism as a pretext for a war on the first amendment | Judith Levine

    On Saturday night, agents of the Department of Homeland Security arrested and detained the Columbia University graduate Mahmoud Khalil. He is still in Ice custody in a remote Louisiana lockup known for extreme human rights violations, from denial of food and water to medical “care” verging on torture.Khalil, a Palestinian Syrian, emerged as a leader in Columbia’s Gaza solidarity encampment last year and a level-headed negotiator with university officials on behalf of the student protesters. Married to a US citizen, he holds a green card. Neither his American wife, who is eight months pregnant, nor his lawyers were warned of the arrest or told where he would be held.The importance of Khalil’s arrest cannot be overstated. The state entered the home of a legal US resident, seized and imprisoned him and are now trying to deport him on criminal charges of abetting terrorism – for exercising his constitutional right to free speech.This is not the first time in American history that immigrants have been deported or US citizens persecuted for nonviolent political expression deemed dangerous by the government. But it is the first such arrest by an authoritarian regime determined to eliminate its perceived enemies. It will not be the last.Khalil’s ordeal should come as no surprise. The Trump administration announced recently it would revoke the student visas and green cards of “Hamas sympathizers” – AKA supporters of Palestinian liberation.But Trump has long prepared for this moment. As one of his first acts as president in January 2017, he realized his campaign promise to impose “a total and complete shutdown of Muslims entering the United States” in a series of executive orders banning entrance of travelers from seven predominantly Muslim countries and suspending the resettlement of Syrian refugees. The first two orders, both called “Protecting the Nation from Foreign Terrorist Entry into the United States”, were struck down as unconstitutional; a third revision passed muster.At the same time, rightwing supporters of Israel were working to equate criticism of Israel with antisemitism. And since criticism of Israel is equated with sympathy with its enemies, and Israel’s enemies are blanketly tarred as terrorists, antisemitism could also be elided with terrorism.In 2018, a bipartisan Antisemitism Awareness Act (AAA) was introduced in the House with 51 co-sponsors. Its purpose: to adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism in enforcing Title VI of the 1964 Civil Rights Act, which prohibits discrimination by institutions receiving federal funding. The bill referred to the IHRA’s “contemporary examples of antisemitism” as potentially useful evidence of discriminatory intent. But it did not spell out its most politically useful example of antisemitism: that is, criticism of Israel.The AAA was not signed into law, but in December 2019 the White House issued Executive Order 13899, “Combating Anti-Semitism”, to carry it out. Looking back, the document looks almost cautious. As Congress did in its bill, the White House added a caveat: “Agencies shall not diminish or infringe upon any right protected under Federal law or under the First Amendment.”The 2019 order was a premonition; it didn’t see much use. Anyway, with his characterization of the Nazis marching it Charlottesville as “very fine people” fresh in mind, the president had little credibility with Jews. But now Trump is taking action. One of the executive orders to come off his desk just hours after inauguration was “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”. The order both elaborates on the Muslim ban and defines the threats more vaguely – thus, more easily attacked.The US must institute “vigilant” vetting of visa applicants, the document says, as well as “aliens” already legally in the country, to ensure that they “do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security”. The order also seeks to protect the US against foreigners “who preach . . . sectarian violence [or] the overthrow or replacement of the culture on which our constitutional Republic stands”. Aside from material support for terrorists, the rest is constitutionally protected speech.At the end of the month came “Additional Measures to Combat Antisemitism” expanding EO 13899 in light of “an unprecedented wave of vile anti-Semitic discrimination, vandalism, and violence” since the Hamas-led attacks of 7 October 2023. Homing in on schools and colleges, it instructs authorities to use “all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence”. Again, harassment and violence are not defined. And this time there is no mention of the first amendment.The president’s orders on antisemitism, like most of his orders, were also presaged by a plan from the Heritage Foundation: Project Esther, published on the first anniversary of 7 October, aims to vanquish the “virulently anti-Israel, anti-Zionist, and anti-American ‘pro-Palestinian movement’” it calls the “Hamas Support Network”. The so-called “Hamas Support Network” is not only “trying to compel the US government to abandon” Israel; it is bent on no less than “the destruction of capitalism and democracy”.The detailed strategy touts a list of 856 professors at more than 240 universities in the US and Canada who have “openly advocated or supported up to 63 different HSOs [Hamas Support Organizations]”; it indicts, by name, the progressive lawmakers (some of them Jews) who belong to an “active cabal of Jew-haters, Israel-haters, and America-haters in Washington”. It itemizes the myriad “Hamas Support Organizations” from which it would wrest first amendment protection, including Jewish Voice for Peace.skip past newsletter promotionafter newsletter promotionProject Esther’s methods are classically McCarthyist: “We must conduct legal, private research and investigation to uncover criminal wrongdoing. We must conduct audits, both academic and financial. We must conduct information campaigns that are designed to illuminate and expose – ‘name and shame’ – to undermine HSN and HSO members’ credibility.” The president’s cabinet can’t wait to start.We have been here long before Trump. The Alien Enemies Act of 1798, passed by a Congress fearful that noncitizens would take the enemy’s side in a war against the French, allowed the president to deport those deemed dangerous. The accompanying Sedition Act criminalized the publication – or utterance – of “any false, scandalous, and malicious writing” against the government.The Alien Registration Act (or Smith Act) of 1940 imposed sentences of up to 20 years for advocacy – as defined by the state – of the violent overthrow of the US government. It also required noncitizens – presumed proponents of violent overthrow – to register with the government. During the second world war, more than 5 million immigrants registered; 900,000 of them were deported as “enemy aliens”.Unless it is repealed, no law is dead. During the cold war, the FBI deployed a 1918 immigration law to imprison and deport foreign-born anarchists, communists, union organizers and pacifists. In his last days as Senate majority leader, Chuck Schumer, weakly flogged the Antisemitism Awareness Act, again without success. In February, when the homeland security secretary, Kristi Noem, announced that the agency would require immigrants to register so it could “track … and compel them to leave the country voluntarily”, she invoked the Immigration and Nationality Act of 1952. In his inaugural address, Trump vowed to revive the Alien Enemies Act of 1798. This week, he reinstated the Muslim ban.To be clear, the Trump administration is not interested in combating antisemitism.Elon Musk does Nazi salutes. The Pentagon’s new deputy press secretary, Kingsley Wilson, is accused of spreading antisemitic conspiracy theories. The health and human services secretary, Robert F Kennedy Jr, has claimed that Covid-19 was “ethnically targeted” to spare Ashkenazi Jews and Chinese people. The FBI has announced it will relax investigation of neo-Nazi terrorist cells, which have been regrouping since the president’s pardon of the January 6 insurrectionists, to focus on the surveillance of leftwing organizations including Black Lives Matter and the imaginary formation it calls Antifa.Antisemitism is the pretext for Trump’s interlocking multi-front wars on the first amendment, immigrants and higher education. Khalil is a well-known figure with good lawyers. He will hopefully be released. But his arrest is the opening act in a theatre of deportation that will become more and more real and real for unnumbered others who will disappear without petitions, support committees or press coverage.

    Judith Levine is a Brooklyn journalist and essayist, a contributing writer to the Intercept and the author of five books More

  • in

    Ice accessed car trackers in sanctuary cities that could help in raids, files show

    As Donald Trump’s administration ramps up its crackdown on undocumented immigrants to the US, advocates are increasingly worried immigration agents will turn to surveillance technology to round up those targeted for deportation, even in so-called “sanctuary cities” that limit the ways local law enforcement can cooperate with immigration officials.That’s because US Customs and Immigration Enforcement (Ice) in past years has gained access to troves of data from sanctuary cities that could aid its raids and enforcement actions. Among that information is data from the vast network of license plate readers active across the US, according to documents obtained by the Guardian.Local agencies across the country use license plate readers, high-speed cameras that scan and capture images and videos of every vehicle that passes, to collect information on vehicular activity, including the direction a vehicle is moving. They store those details in databases that are often shared with other local law enforcement agencies as well as federal ones. The volume of data gathered along with the wide breadth of bureaus that have access to it mean that federal agents in practice can often obtain information on individual immigrants gathered by local authorities those same agents are legally not allowed to work with.Take the example of Westchester county, New York, where police work with a license plate reader company named Rekor.Westchester, a 450-sq-mile mostly suburban area just north of New York City – has had laws limiting cooperation with federal immigration authorities on the books since 2018. But documents including emails and access logs newly made public show Ice has had access in the past to a major database that holds license plate reader information collected across the county.Westchester county police said they managed a network of 480 such cameras as of January 2023. Westchester police provided these figures in response to a freedom of information law request and are the most up-to-date figures available on the scale of the county’s license plate surveillance network. In just the last week of January 2023, the cameras scanned 16.2m cars, according to these documents. That’s up from 14m scans across 346 cameras in March 2022, these emails show. Ice, Customs and Border Protection and the agency they fall under, the Department of Homeland Security (DHS), have all had access to this database as of February 2022, as do local law enforcement agencies outside New York state, these documents show. The license plate information that is stored in this database came from more than 20 cities across Westchester and spans two years.Neither Ice nor the Westchester county police department responded to questions about whether the federal agency still has access to the database.In the first few weeks of Donald Trump’s administration, a flurry of immigration enforcement activity across Westchester county prompted local mayors to reassure residents they were complying with local sanctuary laws and were not cooperating with Ice on these investigations. These laws “prohibit members of the police department from engaging in law enforcement activities solely for the purpose of enforcing federal immigration law, unless required to do so by a judicial warrant or other federal law”, the Peekskill mayor, Vivian C McKenzie, told the Westfair Business Journal.The data sharing between the county police and Ice, illustrated in the documents the Guardian reviewed, appear to have sidestepped and undermined the county’s sanctuary city laws. It also means that Ice can potentially use data captured in Westchester to pursue immigration cases elsewhere, including in other sanctuary cities.“Westchester can be a sanctuary county or a surveillance state. It can’t be both. This sort of mass tracking violates the promise made to undocumented residents that they will be safe in the county,” Albert Fox Cahn, the director of the privacy advocacy group the Surveillance Tech Oversight Project, said. “It’s unclear if Westchester county [was] violating the letter of its law, or merely its spirit, but either way it’s clear that immigrant communities are at risk.”Westchester county police, Ice and the mayors of several cities in the county did not respond to multiple requests for comment.The documents, which Westchester county police made public in response to a freedom of information law request by a legal non-profit and shared exclusively with the Guardian, include a list of its “users”, or organizations that had access to this database as of February 2022. The non-profit asked not to be named to avoid compromising the federal grants the organization was awarded. In addition to Ice and the DHS, agencies listed as having access include the Department of Justice, the Drug Enforcement Administration (DEA), the Secret Service and the FBI.A separate list details individual users who have access to the database. Among the users were five individuals who had email addresses that ended in @ice.dhs.gov and two people with Secret Service email addresses ending in USSS.dhs.gov. There were 44 users with email addresses that end in FBI.gov, 40 with DOJ.gov addresses and just over a dozen featuring DEA.gov. Many of those included on the list indicated they were part of the investigative unit of their agency. It was not clear whether that list was current as of 2025 and if those users have ongoing access to the database.A nationwide surveillance netRekor sells license plate readers and the software used to analyze their data to law enforcement agencies, though it is among the smaller companies in an ecosystem of many working in similar ways. Together, these companies’ license plate readers blanket the majority of the US. Access to more than one major network can enable law enforcement agencies to monitor people’s movements across the country.In addition to accessing local networks like Westchester’s, Ice uses the national database of Vigilant Solutions, a Motorola subsidiary which offers license-plate reading technology that competes with Rekor for contracts with local law enforcement and business across the US. In 2019, documents obtained by the American Civil Liberties Union (ACLU) revealed 9,000 Ice agents had access to the database of Vigilant Solutions.skip past newsletter promotionafter newsletter promotionPrivacy and civil liberty experts argue these technologies create a vast surveillance dragnet wherein the movement of every vehicle in the US is being tracked and examined regardless of whether there is an active investigation. Residents of places where these cameras have been set up are beginning to push back.In October, residents of Norfolk, Virginia, sued the city for allegedly violating their fourth amendment protections against unreasonable searches and seizures by installing license plate readers from another Rekor competitor called Flock Safety. When announcing the contract to install 172 Flock cameras across Norfolk, the police chief, Mark Talbot, said his office wanted to create “a nice curtain of technology” that would make it “difficult to drive anywhere of any distance without running into a camera somewhere”. Lee Schmidt, one of the plaintiffs, said four of the cameras had fenced in his neighborhood.“He was outraged by the loss of privacy,” said Michael Soyfer, an attorney at the Institute of Justice who is representing the plaintiffs on this case. “He noticed that he basically couldn’t leave his neighborhood without one of the cameras picking it up.”Local law enforcement across the country sharing license plate data with each other and with federal agencies means that anyone’s movements are in effect being tracked across state lines, experts say.“We’re moving to a day where someone getting in their car in New York City could drive to Boston or Washington and have their car basically map every moment of the drive,” Fox Cahn said. “It is profoundly and painfully ironic that American highways went from the symbol of freedom and the liberty of the open road to this metaphor for creeping surveillance and police control.”Westchester police discuss more surveillanceIn addition to informal data-sharing with various federal and local agencies inside and outside of New York state, emails show Westchester police actively discussed creating formal data-sharing relationships to enable a cross-county surveillance network, including with the New York police department and fire departments, as well as an out-of-state agency in Stamford, Connecticut.“If you get a chance I would love to discuss what possibilities exist with a Data Sharing plan,” a Westchester police lieutenant wrote in an email to an NYPD officer dated 10 March 2022. “We are currently at 346 cameras in Westchester with about 14 million reads per week. A lot of those reads are along the city line (Bronx).”The range of agencies and individuals that have access to this database is potentially far more expansive than those listed. Rekor advertises a nationwide law enforcement platform that allows any agency that uses it “to access real time data from any part of the network at no cost”, according to a company press release. Announced in 2019, the platform would make real-time data on the “150 million plate reads” a month that Rekor collects across 30 states available to any agency that wanted to opt in. More

  • in

    Mahmoud Khalil’s treatment should not happen in a democracy | Moustafa Bayoumi

    Forced disappearance, kidnapping, political imprisonment – take your pick. These terms all describe what has happened with the Trump administration’s first arrest for thought crimes, something that should never happen in a democracy.But it has, to Mahmoud Khalil, a recently graduated master’s student from Columbia University’s school of international and public affairs. And for each minute that Khalil is held in detention, every one of us should feel like our own individual rights in this country are being shredded. The arrest of Mahmoud Khalil is a barefaced attempt by the Trump administration to destroy free thinking while murdering due process and free speech along the way. This is an ominous development.On the evening of Saturday 8 March, Khalil, who is a lawful permanent resident of the US (a green card holder), and his US-citizen wife, who is eight months pregnant, were returning home to their Columbia University apartment in upper Manhattan. According to reports, the couple had just unlocked the door to the building when plainclothes agents from the Department of Homeland Security pushed their way in like thugs and demanded Khalil surrender himself for arrest.The lead agent told Khalil’s lawyer, whom Khalil had immediately called, that his student visa was being revoked. But Khalil doesn’t have a student visa for the very simple reason that he is a lawful permanent resident! Apparently confused, the agent next responded that Khalil’s green card was being revoked – which, by US law, cannot be done without a lot of due process. When pressed by Khalil’s lawyer to show a warrant for arrest, the agent simply hung up on the lawyer, shoved Khalil into handcuffs, and carted him away. As of this writing, Khalil is in a detention facility in Louisiana.Let’s be clear. If you grew up in Egypt or Nicaragua or Russia, you would recognize this behavior. If you have read the work of Milan Kundera or Ariel Dorfman or Breyten Breytenbach, you will recognize this behavior. This is how the authoritarian regimes always operate, seeking to demonize their critics and neutralize their opposition by lies, exaggerations and the blunt force of state power. This despicable and dangerous conduct has now come to the land of the free and the home of the brave as official policy.The Trump administration doesn’t even bother to disguise the ideological assault that characterizes Khalil’s arrest. Khalil was an active member of Columbia University’s protests against Israel’s war on Gaza, a war that has been characterized as a genocide by Israel by experts and multiple human rights organizations around the world. Khalil also served as a negotiator between the university administration and student activists who had set up an encampment on campus.It was in that role that Khalil’s profile grew, particularly among extreme rightwing organizations supporting Israel that began sending lists of students to the Trump administration who, they said, should be deported from the US because of their views. This blatant attempt to shut down free speech picked up after Donald Trump issued two executive orders in late January that called for deporting “perpetrators of unlawful anti-Semitic harassment”. (It shouldn’t be lost on anyone that the Trump administration is actively canceling every form of protection for other minority populations, while appearing deeply concerned about antisemitism, as it also tacitly supports antisemitic behavior.)Khalil had already suffered so much harassment by these pro-Israel groups that the day before his arrest, he wrote to the interim president of Columbia University, telling her that he was afraid that government officials or private actors would target him or his family, urging her to provide him legal support and protection. After his arrest, the official White House account on X issued a post that said: “Shalom, Mahmoud,” using a Hebrew word that can mean goodbye. Haha. Whoever wrote the post must think this very clever. But in a court of law, the post will only buttress the argument that Trump is on a rampage to shut down any types of speech he doesn’t like.Exactly which crime has Mahmoud Khalil committed? Which activities has he engaged in to warrant arrest and deportation? The best the Department of Homeland Security can come up with are the same flimsy innuendo that we hear over and over again. Any show of concern for Palestinians is, presto, turned into “activities aligned to Hamas”.That “aligned to Hamas” is not a legal standard is hardly surprising. It comes after all from the Trump administration, which operates almost definitionally as the opposite of a legal standard. Expecting something reasonable from this administration is like eating a razor-blade sandwich and thinking you won’t come out all bloodied, which is of course why the Trump administration is repeatedly offering you such aromatic and enticing fresh bread.I expect as much from Trump, but I demand more from Columbia University, my own alma mater. After Trump withdrew some $400m of federal funding over an unproven and completely ideologically driven allegation that Columbia was a hotbed of antisemitism, the interim president didn’t bother to defend her institution. Instead, she immediately sent us Columbia affiliates an email to “assure the entire Columbia community that we are committed to working with the federal government to address their legitimate concerns”. I’m educated enough to know that the word “appeasement” has a specific history. I also know that cowards run away from Palestine, even if they too will be the ones who suffer in the end.I also demand more from my local officials. This federal assault on protected speech from a New Yorker should raise huge alarms from the mayor of New York, but all we’ve heard from Eric Adams thus far is … well, what sound would crickets make if they were flying business class on Turkish Airlines? If it’s any sound at all, I imagine the jet engine hums louder than the lack of objection he’s made. His silence is matched only by Andrew Cuomo, Adams’s new competition for the next New York mayoral race. Together, they might have enough courage to lose a game of chicken to the lion in the Wizard of Oz.But mostly, I demand a whole lot more from the Democratic party. Where is Hakeem Jeffries? Where is Chuck Schumer? They seem to believe the best way to defend free speech in this country is not to speak at all. Irrelevance has never been so recognizable.Democracy has always been a fragile, improvised, teetering wall of bricks that extends high in the air. It takes a lot of people to support it, but it gives quickly when faced with pressure from the other side. The thing is, even if you’re not supporting it, you’ll still get crushed when the wall falls. Too many people seem ready to be crushed. That’s only the tiniest reason to support Mahmoud Khalil. We all need to rush to the wall and do what we can to free him from his unjust imprisonment. For him and also for us. Because, you know what? He won’t be the last.

    Moustafa Bayoumi is a Guardian US columnist More

  • in

    Arrest of Palestinian student activist raises alarm about free speech – US politics live

    US president Donald Trump on Tuesday said he will buy a new Tesla car to show support for the electric carmaker’s chief and his ally Elon Musk amid recent “Tesla Takedown” protests and the slump in the company’s stock price.Musk’s role in sweeping cuts to the federal workforce at the behest of Trump has led to protests in the US against Tesla, Reuters reported.About 350 demonstrators protested outside a Tesla electric vehicle dealership in Portland, Oregon, last week, while nine people were arrested during a raucous demonstration outside a New York City Tesla dealership earlier in March.Musk is spearheading the Trump administration’s so-called Department of Government Efficiency, or DOGE.In a post on his Truth Social platform, Trump defended Musk by saying he was “putting it on the line” to help the country and was doing a “fantastic” job.“I’m going to buy a brand new Tesla tomorrow morning as a show of confidence and support for Elon Musk, a truly great American,” Trump said.Musk thanked the president for his support on his own social media platform X.The World Health Organization has started a process of fixing new priorities and announced a one-year limit on staff contracts, an internal memo showed on Tuesday, as it aims to make the UN agency more sustainable after the US withdrawal.The memo, dated 10 March and signed by WHO’s Assistant Director-General Raul Thomas, laid out further cost-cutting measures – the latest in a series of such steps since US president Donald Trump’s announcement in January.Senior WHO officials have begun “prioritisation” work over the past three weeks to make the global health agency sustainable, the document says.“While operating in an extremely fluid environment, WHO’s senior management are working to navigate these shifting tides by undertaking a prioritisation process,” the memo said.“Their work will ensure that every resource is directed toward the most pressing priorities while preserving WHO’s ability to make a lasting impact,” it said.Good morning, and welcome to our US politics blog.The Trump administration’s decision to have immigration authorities arrest Mahmoud Khalil – a vocal critic of Israel’s war on Gaza – for alleged support of Hamas is an attack on free speech, the American Civil Liberties Union has warned.Khalil, who grew up in a Palestinian refugee camp in Syria, served as a lead negotiator for the Gaza solidarity encampment at Columbia University last year, mediating between protesters and university administrators.Khalil, a permanent US resident with a green card, was reportedly detained at his Columbia apartment building in Manhattan in front of his wife, an American citizen who is eight months pregnant, on Saturday evening.The Trump administration has not said Khalil is accused of or charged with a crime, but Trump wrote that his presence in the US was “contrary to national and foreign policy interests.” The US president said Khalil’s arrest was the “first arrest of many to come”.The Department of Homeland Security accused the former student of “leading activities aligned to Hamas” but gave no details.“This arrest is unprecedented, illegal, and un-American,” said Ben Wizner, director of the American Civil Liberties Union’s Speech, Privacy, and Technology Project.“The federal government is claiming the authority to deport people with deep ties to the US and revoke their green cards for advocating positions that the government opposes. To be clear: the first amendment protects everyone in the US. The government’s actions are obviously intended to intimidate and chill speech on one side of a public debate.”This morning, a federal judge in New York City ordered that Khalil not be deported for now and set a court hearing in the case for Wednesday.The Education Department on Monday sent letters to 60 US universities, including Harvard, Columbia, Yale and four University of California schools, warning them of cuts in federal funding unless they addressed allegations of antisemitism on campus. More