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      Trump border chief threatens jail for Denver mayor amid deportation dispute

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      Tom Homan, Donald Trump’s hardline incoming border czar, has threatened to put the mayor of Denver in jail after the latter said he was willing to risk incarceration to resist the president-elect’s migrant mass deportation plan.The threat was issued against Mike Johnston, a Democrat, who said he was not afraid of being jailed and encouraged people to protest against mass round-ups of immigrants in their cities and communities.Johnston’s remarks came after Trump focused during the presidential election campaign on the Denver suburb of Aurora, which he said had become “a war zone” where apartment buildings had been taken over by Venezuelan gang members.Asked to respond by Fox News’s Sean Hannity, Homan said: “Me and the Denver mayor, we agree on one thing; he’s willing to go to jail. I’m willing to put him in jail.”Johnston had originally been asked by a local Denver television station to respond to Homan’s previous vows to arrest local leaders and politicians who stood in the way of deportation efforts.He said he was not willing to go to jail, though he is “not afraid of that” in a Friday interview with 9 News.“I think the goal is we want to be able to negotiate with reasonable people how to solve hard problems,” he told the outlet.He said previously, in a separate interview, that he would send Denver police to the city line to confront federal agents – an action he likened to Tiananmen Square. He later withdrew the comments.Speaking to Hannity, Homan insisted that he was willing to put Johnston “in jail because there’s a statute”.“What it says is that it’s a felony if you knowingly harbour and conceal an illegal alien from immigration authorities. It’s also a felony to impede a federal law enforcement officer. So if he don’t help, that’s fine. He can get the hell out of the way, but we’re going to go do the job,” he said, before adding: “I find it hard to believe that any mayor or governor would say they don’t want public safety threats removed from their neighbourhoods.“I don’t know what the hell is going on in Denver, but we’re going to go in and we’re going to go and we’re going to fix it. If you don’t want to fix it, if you don’t want to protect his communities, President Trump and Ice [Immigration and Customs Enforcement] will.”Homan, who was deputy director of Ice in Trump’s first administration, said the president-elect had a “mandate from the American people … to save American lives”.He has taken a similarly unbending stance against other local and state Democratic politicians who have declared their local fiefdoms “sanctuary cities” safe from Trump’s deportation plans.Gavin Newsom, the California governor, and the Illinois governor, JB Pritzker, have both vowed opposition. Pritzker recently told journalists: “If you come for my people, you come through me.”In a separate Fox News interview at the weekend, Homan said the incoming administration would respond to blocking tactics by withholding federal funding from non-compliant cities and states.“That’s going to happen, I guarantee you,” he told the network’s Mark Levin. More

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      Biden must Trump-proof US democracy, activists say: ‘There is a sense of urgency’

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      The skies above the White House were cold and grey. Joe Biden greeted the championship winning Boston Celtics basketball team, quipping about his Irish ancestry and tossing a basketball into the crowd. But the US president could not resist drawing a wider lesson.“When we get knocked down, we get back up,” he said. “As my dad would say, ‘Just get up, Joe. Get up.’ Character to keep going and keep the faith, that’s the Celtic way of life. That’s sports. And that’s America.”Such events continue to be among the ceremonial duties of a “lame duck” president with waning influence. Biden has cut a diminished figure in recent months, first surrendering his chance to seek re-election, then finding himself sidelined by the doomed presidential campaign of his vice-president, Kamala Harris.But with his legacy imperiled by Donald Trump, the president is facing calls to mitigate the oncoming storm. Advocacy groups say Biden, who turned 82 this week, can still take actions during his final two months in office to accelerate spending on climate and healthcare, secure civil liberties, and Trump-proof at least some fundamentals of US democracy.Trump’s signature campaign promise was a draconian crackdown on illegal immigration. He has nominated officials including Tom Homan and Stephen Miller, architects of family separations at the southern border during his first term, and vowed to use the US military to carry out mass deportations of undocumented immigrants.The plans include mandatory detention, potentially trapping immigrants in inhumane conditions for years as they fight deportation. The American Civil Liberties Union (ACLU) is leading an opposition effort, urging Biden to halt the current expansion of Immigration and Customs Enforcement (Ice) detention facilities, especially those with records of human rights abuses.Eunice Cho, a senior staff attorney with the ACLU national prison project, said Ice detention facilities “characterised by abusive conditions, pervasive neglect and utter disregard for the dignity of people in their custody” are key to Trump’s logistical plan.Dozens of people have died in Ice detention facilities – mostly owned or operated by private prison corporations – over the past four years, according to the ACLU, and 95% were likely preventable if appropriate medical care had been provided. Yet the Biden administration has backed new Ice detention facilities in states where they did not existed before, such as Kansas, Wyoming and Missouri.“We are calling on the Biden administration to take action now, in the final days of the administration, to halt any efforts to expand immigration detention and to shut down specifically abusive facilities once and for all,” Cho told reporters on a Zoom call this week. “We don’t need to put down runway for the Trump administration to put in place these mass detention and deportation machines.”She warned: “We know that the anti-immigrant policies of a second administration are going to be far more aggressive than what we saw in the first term, and mass arrest and detention is going to become perhaps the norm to create and carry out these deportation operations unless we can do all we can to put a halt to them.”View image in fullscreenAnother crucial area for Biden to make a last stand is criminal justice. In his first term, Trump oversaw the execution of more people than the previous 10 presidents combined. Biden’s attorney general, Merrick Garland, then imposed a moratorium on federal executions in 2021.Trump has indicated his intention to resume such executions and even expand the death penalty. His nominee for attorney general, Pam Bondi, issued a public apology in 2013 while serving as Florida’s top law enforcement officer after she sought to delay the execution of a convicted killer because it conflicted with a fundraiser for her re-election campaign.Cassandra Stubbs, director of the ACLU’s capital punishment project, told reporters via Zoom that Trump said “he will work to expand the death penalty. He’s going to try to expand it to people who do not even commit killings. He’s called for expanding the death penalty to his political opponents.“But perhaps most dangerously in Project 2025 [a policy blueprint from the Heritage Foundation thinktank] – and we believe every word of it is this – he promised to try to kill everyone on death row, and the reason why we have to believe this and take it so seriously is the record that Donald Trump left where he, in a span of six months, carried out 13 executions.”The ACLU and other groups are therefore pressing Biden to commute the sentences of all individuals on federal death row to life in prison, fulfilling a campaign promise and preventing potential executions under Trump. Commuting “is really the thing that Biden can do to make it harder for Trump to restart executions”, Stubbs added.Pastor Brandi Slaughter, a board member of the pressure group Death Penalty Action, told reporters this week: “We know what the next president plans to do if any prisoners are left under a sentence of death under the Biden administration. We’ve been there, we’ve done that.”Biden has also received 8,000 petitions for clemency from federal prisoners serving non-death penalty sentences that he could either reduce or pardon. The former senator has long been criticised for his role in drawing up a 1994 crime law that led to the incarceration of thousands of Black men and women for drug offences.This week, members of Congress including Ayanna Pressley and James Clyburn led 64 colleagues in sending a letter to Biden urging him to use his clemency power “to reunite families, address longstanding injustices in our legal system and set our nation on the path toward ending mass incarceration”.They were joined at a press conference on Capitol Hill by Maria Garza, 50, from Illinois, a prison reform advocate who spent 12 years in a state prison. She said in an interview: “There is a sense of urgency because a lot of the people that are sitting waiting for clemency are people that have de facto life sentences that will die in prison if they don’t [receive clemency]. A lot of their unjust sentencing was because of the 1994 crime bill that he was the founding father of.”skip past newsletter promotionafter newsletter promotionMitzi Wall, whose 29-year-old son Jonathan is incarcerated on a seven-and-a-half-year federal cannabis charge, called on Biden to keep a campaign promise to grant clemency to more than 4,000 people in federal prison for nonviolent cannabis crimes.“We voted for President Biden,” she said. “He gave us hope and we’re asking him to do nothing more than keep his promise.”Wall, 63, from Maryland, added: “President Biden was partly responsible for writing the 1994 crime bill that thrust families into abject poverty and pain. I know he feels bad about that and he can right that wrong with the power of the pen. I’m appealing to him as a father whose son [Hunter] could very possibly be going to prison.”In other efforts to protect civil liberties, the ACLU is recommending a moratorium on all federal government purchases of Americans’ personal data without a warrant. It is also asking Congress to pass the Fourth Amendment Is Not for Sale Act to prevent potential abuse of surveillance technologies under the Trump administration.Meanwhile, Trump has pledged to rescind unspent funds in Biden’s landmark climate and healthcare law and stop clean-energy development projects. White House officials are working against the clock to dole out billions of dollars in grants for existing programmes to minimise Trump’s ability to rescind or redirect these funds. Earlier this month, the transportation secretary, Pete Buttigieg, announced more than $3.4bn in grants for infrastructure projects across the country.Wendy Schiller, a political science professor at Brown University in Providence, Rhode Island, notes that Trump will have the power of impoundment to stall the money flowing out of the government and can order rescissions to programmes funded by Congress.“The singular thing that Joe Biden can do is expedite the flow of federal dollars in all the programmes,” Schiller said.“Any money that is supposed to leave the treasury to go to schools, food safety, environmental protection – anything that is not yet distributed needs to get distributed. It’s like emptying literally the piggy bank before you go on a trip. President Biden needs to be literally getting as much money out the door in the hands of state, local and community organisations as he can.”Another priority for the White House is getting Senate confirmation of as many federal judges as possible, given the potential impact of the judiciary in challenging Trump administration policies. The Marshall Project, a non-profit news organisation, noted: “Federal judges restricted hundreds of Trump administration policies during his first term, and will likely play a significant role in determining the trajectory of his second.”Senate Republicans forced numerous procedural votes and late-night sessions this week in attempt to stall confirmations. Eventually a deal was struck that will bring Biden within striking distance of the 234 judicial confirmations that occurred in Trump’s first term – but four of Biden’s appellate court nominees will not be considered.The outgoing president could also engage with Democratic-led states and localities to bolster protections and establish “firewalls” against Trump’s agenda, particularly in areas such as immigration. These collaborations could involve reinforcing sanctuary city policies and providing resources to states that are likely to face pressure from the Trump administration.Chris Scott, former coalitions director for Harris, said: “What will be interesting is how or what can President Biden to work with states, especially where we have Democratic leadership in place, to be able to brace themselves and arm themselves with more protection. We already have places like a Michigan or Illinois where you have governors vowing to make sure that they have protections – even in the Trump presidency.”As Barack Obama discovered before handing Trump the keys to the Oval Office in 2017, however, lame duck presidents can only do so much. Trump will come into office with a flurry of executive orders, a supportive Congress and fewer guardrails than the first time around.Bill Galston, a former adviser in the Bill Clinton administration, said: “On January 20 Donald Trump will control all the instruments of government and, at that point, it’ll be up to the courts – and public opinion – to restrain him.” More

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      Denver mayor says he will urge protests against Trump’s mass deportations

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      Denver’s Democratic mayor, Mike Johnston, has said he will encourage people to protest mass immigrant deportations planned by the president-elect Donald Trump in Colorado, as civic leaders in “sanctuary cities” begin to plan their response to the threat.In an interview with Denver’s channel 9, Johnston, 50, said he is willing to go to jail to stop any deportation efforts. Denver’s neighboring city of Aurora has been a focus of the debate over migration after three apartment complexes were allegedly taken over by the Venezuelan prison gang Tren de Aragua.In comments, Aurora city council member Danielle Jurinsky, a Republican, said she had spoken with Trump’s transition team about “Operation Aurora” and warned city leaders that “I hope that we are taking this seriously. This is coming.”Metropolitan areas, including Denver, New York and Los Angeles, have offered mixed responses to Trump’s promise to deport a vast number of immigrants who are in the US illegally. “Sanctuary city” laws typically forbid city employees and resources from being involved in federal immigration enforcement.On Friday, Tom Homan, Trump’s incoming “border czar”, vowed to send “twice as many” Immigration and Customs Enforcement (Ice) agents to Los Angeles to enact mass deportations. LA city council members have warned that Los Angeles will not be collaborating.In New York City, Mayor Eric Adams has said the city has always welcomed immigrants and that law-abiding immigrants and families will be protected, but said that the current immigrant crisis had cost the city billions of dollars, and the federal government had not assisted it in dealing with the influx, estimated at more than 200,000 people.“I’m not allowed to let them work [legally],” Adams said. “I’m not allowed to get them to participate in our tax system.”But Denver’s Johnston walked back comments that he had made earlier this week to Denverite about sending police officers to the county line to stop federal agencies from entering the city.“It’s like the Tiananmen Square moment with the rose and the gun, right? You’d have every one of those Highland moms who came out for the migrants. And you do not want to mess with them,” he said.In the subsequent interview, he said he regretted using the Tiananmen Square image, from 1989, of a man blocking a tank during pro-democracy protests.“Would I have taken it back if I could? Yes, I probably wouldn’t have used that image,” Johnston said. “That’s the image I hope we can avoid. What I was trying to say is this is an outcome I hope we can avoid in this country. I think none of us want that.”Johnston added that his willingness to go to jail over the issue was real.“I would if I believed that our residents are having their rights violated,” he said. “I think things are happening that are illegal or immoral or un-American in our city, I would certainly protest it, and I would expect other residents would do the same.”The mayor also said he would encourage people to protest and that he is not opposed to all deportations – a line that other sanctuary city mayors have also sought to draw – including deportations for violent criminals.“We think if you are a violent criminal that is committing serious crimes like murder or rape in Denver, you should be prosecuted to the full extent of the law and you should be deported,” he said. More

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      US refugee groups are staffing up as Trump’s return sows uncertainty

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      As a second Trump term looms, refugee and immigrant advocacy groups across the country are bracing for what’s to come. The president-elect has vowed to utilize the US military to conduct mass deportations of undocumented immigrants, and there’s no reason to believe he’ll do otherwise.During his first term from 2016 to 2020, Trump made several efforts to end asylum for immigrants and refugees fleeing their home countries, instituted a highly controversial “Muslim ban” and slashed the number of refugees allowed into the country to the lowest ever since Congress passed the Refugee Act in 1980. Back then, however, the Trump administration had some guardrails in judges who ruled against restrictive policies, as well as substantive legal challenges from organizations such as the ACLU, which prevented his administration from fully enacting all of his plans.For this upcoming presidency, Trump aims to be more successful. He will have a much more lenient and malleable landscape, as Republicans control both the House and the Senate, and there is a conservative majority in the supreme court. Tom Homan, whom Trump has selected as his “border czar”, has said that the public can expect “shock and awe” on Trump’s first day in office. Under the second Trump administration, the number of refugees entering the country could dwindle.As such, organizations are working to ensure that they will be able to protect and assist the individuals and families that their groups serve come January. Emily Laney, executive director of the Welcome Co-op, a non-profit in Atlanta, said that the organization came into existence during “the last time resettlement was facing uncertainty” during Trump’s first term in office. This time, they are continuing to build collective power by working together in hopes that they will be prepared for whatever comes.View image in fullscreenThe group, which helps refugees secure housing, is building its volunteer base and trying to encourage people to support families who are arriving and those already in the country. People can volunteer to help set up apartments for refugees, donating hygiene kits and advocating for immigrants and refugees.“My role as the executive director is to build the collaboration and make sure there’s as many opportunities to support newly arrived refugees with housing,” Laney said. “As long as refugees are coming, we are prepared to welcome them in Atlanta and we have the support.” This year, Welcome Co-op said, it has set up 725 apartments for more than 3,200 newcomers and provided clothing and shoes to more than 1,200 people.Since the 1970s, Georgia has “attracted tens of thousands of refugees and immigrants”, according to the UN Refugee Agency. Nearly 11% of Georgia’s population are immigrants and, under the Biden administration, the state settled the third-largest number of refugees. Still, both Biden’s and Trump’s administrations also deported large numbers of immigrants.Refugee Women’s Network (RWN), the only organization in Georgia that specifically serves refugee women, is preparing to aid as many women as possible, while retaining staff, no matter the change in administration, according to Sushma Barakoti, the group’s executive director. Currently, RWN is raising funds to sustain it through four years of the Trump administration.During Trump’s first administration, some refugee agencies were forced to undergo significant job cuts and, in some cases, totally shutter due to a lack of funding. Barakoti said that RWN was hoping that small grants and donations can make up enough funding so that the organization does not have to lay off staff in the event of dwindling numbers of refugees entering the country.She said that the organization had had an opportunity to frankly discuss the situation with supporters after the election.“We had over 200 people there,” she said. “We did talk about the uncertainty that the next administration brings to the refugee and immigrant programs. We almost reached our [fundraising] goal. But then we asked them to stay connected.“We need our supporters not only for donations, but also to take action to call their senators, their representatives, and advocate on behalf of the community that we serve to pressure the federal government. If the funding is going to be reduced, then we want them to also put pressure on their representatives and senators to pass bills.”Barakoti said that it was important for everyone, not just people who have direct connections to refugees, to understand what’s going on.“This is not just here in Atlanta. It’s going to affect all across the country where there’s so many needy families [who] are being resettled with refugees and immigrants,” she said. “I would like to ask people to be involved, be aware of what’s going on and be engaged through donations, through volunteering, through advocating, and be connected to these organizations so that they can be part of the movement.”Though nearby Tennessee does not take in the same number of refugees as Georgia, the state is home to one of the fastest-growing immigrant populations. Nashville, the state’s capital, partnered with US Citizenship and Immigration Services to create Pathway for New Americans, a program to help immigrants who aim to become US citizens.Still, Tennessee has regularly passed restrictive legislation targeted at new arrivals to the US, and independent non-profits and volunteer groups are the organizations that primarily help with resettlement. Their efforts, too, will probably have to change.Judith Clerjeune, of the Tennessee Immigrant and Refugee Rights Coalition (Tirrc), said that many of the people in the communities her organization assists view this moment as “challenging and frightening”.“Our goal right now is to be honest with people,” she said. “We don’t know exactly what is going to happen, but we do know the stated intentions of the upcoming administration. They have a published blueprint for what they want to do, and so we’re taking that very seriously and doing our due diligence to prepare and ensure that the community is not caught up.”Under the first Trump presidency, Clerjeune said, many things that happened were surprises. This time, they have a better idea of what to expect. Tirrc already has advocacy and provides immigrant and refugee resources, but under a second Trump administration those efforts will probably only increase in importance.The group is also providing materials and resources for local governments, students, immigrant families and others who may need access to critical services, like adequate translation resources, school enrollment, housing or workplace help or assistance with naturalization. They plan to provide “entry points” for state community partners and other supporters who want to take action.“We have a lot of folks who are interested in [how] they can help support community gaps or possibly be supported in working with families,” Clerjeune said. “And so we’re working with those communities to guide and direct people with entry points when you can support folks.” More

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      Five actions Biden can take to protect civil liberties before Trump’s presidency

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      In less than two months, Donald Trump will take office, threatening several areas of American life and international policy. The president-elect has pledged to take aim at LGBTQ+ rights, specifically for transgender and gender-non-conforming people. He has promised to conduct mass deportations and raids as a part of a far-right approach to US immigration. And he is expected to roll back data collection practices on police misconduct and stifle any hope of passing police reform in Congress – specifically the George Floyd Justice in Policing Act.Trump will largely be able to roll out his agenda, outlined in the 900-plus-page Project 2025 document, as Republicans took control of Congress during the 2024 general election. Joe Biden’s actions in his remaining time in office could be a crucial buttress against the expected impacts of the next four years.Six experts spoke with the Guardian about what the US president could do in his remaining time to protect the most vulnerable people:1. LGBTQ+ rights: fulfill executive order initiatives and confirm judgesAmong Trump’s collection of anti-LGBTQ+ initiatives, his administration’s plans to redefine sex are of particular concern, said Elana Redfield, the federal policy director at the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy.  Sex would be redefined “in such a manner that actually eradicates trans people”, said Redfield, and would not allow for “self-identification”. “The definition of sex that they would propose is that sex is defined based on anatomical characteristics at birth and is unchangeable.” The definition of sex is “at the core of some of the biggest civil rights conversations we’re having in the LGBTQ+ context”, said Redfield. The Biden administration has interpreted the definition of “sex” to include sexual orientation and gender identity. But with Trump, redefining sex could rollback protections and cause issues for transgender people attempting to access federal programs such as social security benefits, especially as many programs ask for participants to enroll with a gender identification. A redefinition of sex could also result in people being investigated for fraud if their gender doesn’t match across all federal identification documents, said Redfield. Many of these questions around the federal government’s ability to define sex will face legal challenges. So Biden, in tandem with Democrats, should continue to confirm federal judges who will probably hear legal cases about gender, Redfield said. Congressional Democrats have managed to confirm several and are only 15 short of the 234 judicial confirmations needed to match the record set by Trump during his first term. Biden should also complete everything outlined in his Executive Order 14075, including checking in with federal agencies to make sure they are well equipped to handle increased needs from LGBTQ+ people amid Trump’s presidency. “For example,” Redfield said, “if everyone’s changing their passports right now, they need to make sure they have enough staffing for that.”2. Police reform: make sure data on policing is publicly availableThrough executive orders, Biden largely increased data collection on patterns and practices of police departments, said Patrice Willoughby, the chief of policy and legislative affairs at the NAACP. But such data, which tracks police actions including traffic stops, arrests and use of force, will probably come to a “complete stop” under Trump’s administration, likely to boost “the narrative of Black violence” cited by conservatives. Willoughby added that Trump will not provide an opportunity to continue reform efforts seen under Biden, especially given past comments supporting a “violent day” of policing to end perceived increases in crime. With his remaining term, Biden must make sure that data on policing is “available publicly for advocacy organizations, state and local governments” and disseminated so it does not “disappear during a second Trump presidency”. Additionally, the Biden administration should ensure that the “methodology of collecting data” is available to state and local municipalities so it can be “replicated across different ecosystems”, said Willoughby. “States and localities that are interested in police reform [can] have the path forward in order to continue to collect data and apply it in their individual communities.”It’s also important for Biden to direct federal agencies to use funding that has already been earmarked by Congress to address police reform, especially, she said, as conservatives will probably “claw back” funding allocated towards equity and communities of color.3. Immigration: close detention centers and slow rate of detentions Biden should close the estimated 200 US detention sites that will be used by Trump to carry out mass deportation and slow down the current rate of detention for undocumented people, said Naureen Shah, deputy director of government affairs at the ACLU.“When I think about the Trump presidency, I’m anticipating an avalanche of anti-immigrant action from day one, from within hours of inauguration,” said Shah. She added that Ice will probably conduct raids using state and local law enforcement, targeting of undocumented students and attacks on birthright citizenship. The biggest issue is that the Biden administration has left “intact the infrastructure for abuse”, Shah said, including the US detention sites that will be used during Trump’s mass deportation. “We urged the Biden administration early on to close detention facilities across the country,” she said. “We argued that they needed to close the facilities so that another administration couldn’t come in and fill them up.”But instead, the number of detentions has increased throughout the Biden administration, now reaching approximately 37,000 a day, said Shah, with Trump planning to increase that amount. Shah warned that Trump would now have “the empty beds to fill” because “the Biden administration left it all there”. Biden also left in place 287(g) agreements, which allow Ice to tap local law enforcement to identify and place immigrants in the deportation pipeline. Requests for the Biden administration to end said agreements have gone unfulfilled, said Shah.“At this point, we’re calling on the Biden administration to at least slow down the expansion that is planned of Ice detention and to close facilities run by abusive sheriffs and private prison companies,” Shah said, naming the Baker county detention center as a site that advocates have been flagging for years.4. Gaza: end arms sales to Israel Biden could withdraw US military assistance and arms sales as well as allowing for an “honest assessment of Israel’s conduct”, said Kenneth Roth, the former executive director of Human Rights Watch. “It’s not too late for Biden to invoke that leverage as US law requires and even in recognizing that Trump would probably reverse it, it still would be an extremely important statement,” Roth said. Allowing for a review of Israel’s actions, including the restriction of humanitarian aid and bombing shelters housing civilians, would make clear that such conduct “[are] war crimes”. “It would be more than just an important rebuke of how the Israeli government is fighting this war. It would help to lay the groundwork for potential international criminal charges,” Roth said, adding that Trump could later face charges for “aiding and abetting war crimes” if the war is still conducted in this manner. But such actions are unlikely. The Biden administration could have allowed the United Nations security council to insist on a ceasefire with “no political cost”, Roth said, comparing the moment to when Barack Obama allowed a security council resolution on the illegality of Israel’s West Bank settlements to go through before Trump’s inauguration in 2016. “[But] Biden wouldn’t do it. He vetoed it … [He] would not do the comparable thing, even though the stakes are much higher. “Biden has said all the right things. He’s pressed for a ceasefire, he’s urged greater attention to civilian casualties, he’s pressed for food and humanitarian aid to come into Gaza,” Roth said. “He’s done nothing to use his leverage to back up those pleas.”5. Education: broadly expand DEI effortsTrump’s plans to rescind diversity, inclusion and equity (DEI) efforts from the Biden administration could embolden states that are already targeting such initiatives in education, through anti-CRT (critical race theory) laws, which often restrict classroom material and curriculum on topics including race, sexual orientation and gender identity, said Jordan Nellums, a higher education senior policy associate at the Century Foundation, a progressive thinktank. “The problem that we’ve seen in some states like Texas is that now faculty are looking at their syllabi for classes and realizing that they can’t even use the word ‘race’ or any type of word that may indicate that there’s going to be a discussion on race in certain classes,” he said.With the Department of Education potentially being dismantled, it could also pause its work at making sure that students facing discrimination have a means of reporting it, specifically through the Office of Civil Rights within the education department. Education is largely a “state issue”, said Nellums, but the Biden administration could sign executive actions to mandate that agencies protect DEI efforts more broadly. In terms of student debt, an issue disproportionately affecting people of color and low-income people, Biden could also make sure that those who are eligible for student loan forgiveness, specifically with public servant loan forgiveness and individuals who were defrauded by their college, said Aissa Canchola-Bañez, policy director for the Student Borrower Protection Center. “The Biden-Harris administration has done so much great work in trying to  fix some of the programs that were broken under the last Trump administration, fixing the Public Service Loan Forgiveness Program and fixing Income Driven Repayment program,” said Canchola-Bañez. But many people are still waiting to get debt relief due to bureaucratic backlogs, said Canchola-Bañez. “The Biden administration can also work to make sure that all those folks who were promised relief actually see it happen.” More

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      How millions of US children would be hurt by Trump’s mass deportation plan: ‘Deep harm is intentional’

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      Donald Trump confirmed on Monday his intentions to make mass deportations a hallmark of his second term.That such measures would drastically upend the lives of the US’s immigrant communities is widely understood. But sweeping anti-immigrant policies would also be detrimental to American citizens – most notably the nearly 20 million US-born children of immigrant parents.“Mass deportations will be profoundly harmful to US citizen children,” said Andrew Craycroft, staff attorney at the Immigrant Legal Resource Center in San Francisco.In 2022, one in four US children had at least one immigrant parent, and more than 4 million US citizens under age 18 lived with an undocumented parent.“These are millions of US citizen children who were born here, who have grown up going to your elementary schools and playing on your little league baseball teams, who are facing a very real danger of losing their parents,” said Kelly Albinak Kribs, co-director of the Technical Assistance Program at the Young Center for Immigrant Children’s Rights.And while the mechanics by which the president-elect would actually execute his sweeping anti-immigrant agenda remain murky, there is little doubt that creating a climate of fear for immigrant communities is one of his administration’s top priorities – and one that will cause irreparable psychological damage to millions of US citizens.Deporting the parents of US-citizen children didn’t begin with Trump. However, past administrations took precautions to limit the trauma it caused, advocates and legal experts say.The Obama administration barred Ice raids from taking place in schools, childcare centers, hospitals and places of worship. Before that, the Bush administration required Ice to notify schools and child protective services in advance of a large-scale raid.Trump’s policies, on the other hand, appear to traumatize children by design to curb unwanted immigration. “Under Trump, previously and in the future, deep harm to children is absolutely intentional and in many ways is the entire point,” said Wendy Cervantes, director of immigration and immigrant families at the Center for Law and Social Policy.Trump’s “zero tolerance” policy at the southern border separated at least 5,000 foreign-born children and hundreds of US citizen children from their parents. He also ramped-up interior enforcement measures, such as targeted worksite raids. In 2019, Cervantes visited towns in central Mississippi where Ice agents had arrested nearly 700 undocumented poultry plant workers, many of whom had US-born children attending nearby public schools.View image in fullscreen“The kids could see their parents being marched into white vans, handcuffed, as they were leaving school,” Cervantes said. “It was like a nightmare. And those kids, to this day, are still requiring a lot of mental health support.”Come January, Americans should anticipate a return to “draconian measures” such as family separation, said Kribs. Trump has also indicated desires to go after immigrants with legal status, expand the circumstances that allow for denaturalization and pursue unlawful measures that explicitly target the US-born children of immigrants like ending birthright citizenship.But how Trump would execute his more radical ambitions, including militarized mass deportations, is unclear.Such an operation would take a high degree of coordination, both between US agencies and with foreign governments, to pull off. A country like Mexico may accommodate receiving a few hundred people, “but it’s a completely different issue to talk about hundreds of thousands of people being sent back”, said Nando Sigona, professor of international migration and forced displacement at the University of Birmingham.It would also be expensive. According to Debu Gandhi, senior director for immigration policy at the Center for American Progress, deporting workers would accelerate inflation, shrink the food supply, slow efforts to build affordable housing and squander taxpayer dollars in efforts to “deport mothers of US citizen children who [pose] no security threat”, Gandhi said.And then there’s the question of public opinion.Backlash again Trump’s 2018 family separation policies was widespread across the political spectrum, explained Lee Gelernt, an attorney at the American Civil Liberties Union who led the lawsuit against “zero tolerance”. “If a second Trump administration does extreme things, we hope and expect the public will push back,” he said. “In his first term, I think they believed they had dehumanized the immigrant population to such an extent that the public would not push back even when little babies were torn away, but there was enormous pushback across the political and ideological spectrum.”Whether or not mass deportations occur, citizen children of immigrants will be adversely impacted by living in a constant state of fear.Research shows that the threat of parental separation alone can cause PTSD and toxic stress in young children. Under the coming administration, that stress will be especially pronounced in mixed-status families, where one or more parent lacks legal status. “It’s easiest to start with people who are wholly unprotected,” said Kribs.Anti-immigrant policies can also have a chilling effect by which immigrant parents, fearing arrest and separation, keep their citizen children home from school, refrain from signing up for benefits such as food stamps or health insurance, and avoid taking their citizen children to the doctor, said Sigona.View image in fullscreenMisinformation exacerbates immigrant parents’ fears that engaging with public services could jeopardize their status or their chances of acquiring permanent residency. The repercussions can be dangerous. “There were parents telling us about how they were making decisions about whether or not to take their kids to the emergency room in the middle of the night,” Cervantes said.Other citizen children may lose contact with the US entirely. If a parent facing deportation chooses to keep their family together, a citizen child will have to leave the US and resettle elsewhere – often in an unfamiliar country that their parent fled for reasons of safety or security.Existing guidance urges Ice agents to detain the parents of citizen children near their children’s residence, arrange for visitation rights, and give them time to make childcare arrangements – but this isn’t binding. “Broadly speaking, these citizen children don’t have the right to have their parent remain with them,” Craycroft said.“Children simply don’t have the same rights as adults,” echoed Cervantes, describing the discrepancy as one of the immigrant system’s biggest flaws.Knowing this, immigrant and child welfare advocates are prepared to have all hands on deck to combat what they see as an imminent crisis for millions of citizen children.“We are facing these next four years clear-eyed and ready to meet the challenge,” said the Young Center’s Kribs. “But there’s going to be a lot of heartbreak along the way.” More

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      ‘This is not his first rodeo’: will federal courts be able to rein in Trump?

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      A week after Donald Trump entered the White House for the first time in January 2017, he signed executive order 13769, known as the Muslim travel ban, barring entry to the US for refugees and immigrants from seven Muslim-majority countries.Mayhem ensued. Protests erupted in airports. Panic spread around the world.Within 24 hours it was blocked.“There is imminent danger that there will be substantial and irreparable injury to refugees and other individuals from nations subject to the order,” a federal district judge ruled.That was the start of an epic tug-of-war between Trump’s new presidency and the courts. Judges from Hawaii to Maryland stepped in to halt the ban, prompting its architect, the far-right immigration hardliner Stephen Miller to accuse them of “judicial usurpation of power”.The order had to be written three times before it could satisfy even the increasingly rightwing US supreme court, losing 18 months in the process.In nine weeks’ time Miller will be back in the White House as deputy chief of staff for policy, carrying with him an even more extreme plan for the largest domestic deportation effort in US history. The billion-dollar question is, will the courts let him this time?“The second Trump administration is going to pose the federal judiciary with huge challenges,” said Lia Epperson, a constitutional law professor at American University. “Trump is going for extreme measures, and that will test the balance of power between branches of government over issues like immigration, free speech, and many more.”View image in fullscreenTrump has already made clear, through his own policy agenda and in the gargantuan roadmap to a second term produced by his allies, Project 2025, that he intends to be more aggressive and radical this time. His flurry of cabinet and key federal agency appointments underline the point.Matt Gaetz, the president-elect’s choice for US attorney general, has provoked fears that the justice department will be weaponised to go after Trump’s political enemies. The choices of the hardline South Dakota governor, Kristi Noem, for homeland security secretary and the Fox News host Pete Hegseth for defense secretary give heft to Trump’s intention to use emergency powers and the US military to implement the mass deportations.“He is creating a cabinet of loyalists who will be in lock step with his agenda,” Epperson said.Trump will arrive back in the Oval Office emboldened by the gift that the supreme court bestowed on him earlier this year: broad immunity from criminal prosecution for any of his official acts. The protection, awarded in a July ruling, could have some unexpected consequences.At its most dystopian, Trump might read the justices’ edict as giving him carte blanche to defy their very own orders.“One of the things we don’t know yet is what would happen if Trump defied judicial orders from the supreme court, claiming the immunity granted to him by the very same justices,” said Professor Rachel Moran of Texas A&M University school of law.Another major shift in Trump’s favour is that during his first term he managed to push the federal judiciary drastically to the right. The 6-to-3 supermajority of the supreme court was forged by Trump’s appointments of Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.The lower courts were also transformed by the 242 judges who he assigned to district, appeals and other federal courts. If Trump keeps up that frenetic pace over the next four years he will succeed in appointing more than half of all federal judges.Among his first-term appointments were 54 appeals court judges – second only to supreme court justices in the power they wield. And of those, Trump placed no fewer than 10 judges on the 29-strong ninth circuit court of appeals in San Francisco, which is traditionally seen as a liberal bastion.That in itself could be significant over the next four years. During Trump’s first term, the ninth circuit was by far the most popular route through which to challenge the administration.Now, though, the court will be less attractive to those seeking to rein Trump in, given the stamp he has already put on its ideological balance.skip past newsletter promotionafter newsletter promotionMeanwhile, Biden is scrambling to complete as many judicial approvals as he can before he leaves office, and has already confirmed 215. That will restore some equilibrium, but it will not erase the fact that Trump will begin his second term facing a far more friendly judiciary than in his first.“The proportion of appointees who might be sympathetic to his administration has grown, and that means they are likely to be a less effective check on his power,” Moran said.‘He knows how to do it, and is better prepared’It wasn’t just the Muslim travel ban that got embroiled in the courts during Trump 1.0. Several of his signature policies, including family separation of undocumented migrants at the Mexican border and inserting a citizenship question in the US census, were stymied.A study by the non-partisan thinktank the Institute for Policy Integrity, comparing how successive administrations fared when they introduced major new rules, found that the Trump administration was challenged legally at a far higher rate than any previous administration going back to Bill Clinton in the 1990s. When cases got to court, Trump’s record was even more abysmal.He lost 57% of the time. That was dramatically worse than Barack Obama’s average across his two terms – 31%.“The process of getting new rules out was flawed in many cases, as was the supporting analysis – so when they showed up in court they were getting dinged a lot,” said Don Goodson, the institute’s deputy director.The travel ban got such a beating in federal courts in part because Trump’s White House showed a disdain for basic procedural guardrails designed to ensure that the government acts in rational and beneficial ways. Miller and Steve Bannon, Trump’s then chief strategist – “my two Steves” as he affectionately dubbed them – overruled experts in the Department of Homeland Security and ignored the oOffice of legal counsel, which is normally routinely consulted.A similar dismissive attitude was shown across the Trump administration towards basic requirements set out in the Administrative Procedure Act, such as the need to give the public a chance to comment on all policy proposals. Those guardrails are still in place, which carries a warning for Trump and team.Should they show as much disregard for the rules as they did last time, they are likely to suffer another bloody nose. On the other hand, Trump now has the benefit of experience.“This is not his first rodeo. He knows how to do it, and is better prepared,” Epperson said.Epperson sits on the national board of the American Civil Liberties Union (ACLU), which was at the forefront of the fight against the Muslim travel ban. The ACLU filed 434 actions against the first Trump administration, and is already gearing up to be similarly adversarial come January.“Litigation is going to be critical,” Epperson said. “Will there be 100% wins in cases protecting civil rights and liberties? No. But will there be a good chance that the courts serve as one of several lines of defense? Yes.” More

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      ACLU files lawsuit to gain information about Trump mass deportation plans

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      The American Civil Liberties Union (ACLU) has filed a lawsuit against Immigration and Customs Enforcement (Ice) seeking more information about how the agency might carry out Donald Trump’s plans for a mass deportation program.The US president-elect has vowed to deport millions of undocumented immigrants upon taking office, a threat that he has doubled down on since winning the presidential race earlier this month. On Monday, Trump confirmed a report that he intended to declare a national emergency to activate military resources as part of the mass deportation operation.The new lawsuit comes after the ACLU Foundation of Southern California (ACLU SoCal) filed a Freedom of Information Act (Foia) request seeking details on how Ice’s privately chartered flights might be expanded to expedite deportations. According to the ACLU, Ice failed to respond to the Foia request, which was filed in August.“For months, the ACLU has been preparing for the possibility of a mass detention and deportation program, and Foia litigation has been a central part of our roadmap,” said Kyle Virgien, senior staff attorney at the ACLU’s national prison project. “A second Trump administration underscores the urgency of our litigation.”According to the ACLU, planes chartered by the Ice Air Operations network assisted in the deportation of more than 140,000 people last year, and immigrant rights’ advocates fear that the program could be vastly expanded to further Trump’s agenda.“Little is known about how President-elect Trump would carry out its mass deportation agenda, but what we do know is that this proposal has already instilled fear among immigrant communities,” said Eva Bitran, director of immigrants’ rights at ACLU SoCal. “The public has a right to know how its taxpayer dollars could be used to fund deportation flights that would tear apart not only families, but also our communities.”The lawsuit demands that Ice turn over documents outlining any air transportation-related contracts, the ground transportation used to move noncitizens and the air fields that the agency has access to.“The Freedom of Information Act requires federal agencies to disclose information requested by the public,” said Sophie Mancall-Bitel, a partner at Mayer Brown LLP, which joined the lawsuit. “It’s more important than ever that we understand what federal resources could be used to forcibly remove people from the United States.”skip past newsletter promotionafter newsletter promotionTrump’s transition team did not immediately respond to news of the lawsuit. More