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    Columbia protester suit raises questions about free speech rights: ‘Immigration enforcement as a bludgeon’

    In a matter of days, Yunseo Chung was sent into hiding.On 5 March, Chung – a 21-year-old student at Columbia University – attended a sit-in to protest the expulsion of several students involved in pro-Palestinian activism at the famed New York university. Four days later, Immigration and Customs Enforcement (Ice) agents showed up at her parents’ home.When they couldn’t find her there, Ice sought help from federal prosecutors and searched her dormitory – using a warrant that cited a criminal law against “harboring noncitizens”. They revoked her green card and accused her of posing a threat to US foreign policy interests.On Monday, Chung sued Donald Trump and other high-ranking administrations to stop their targeting of her and other students. And on Tuesday, a federal judge ordered the Trump administration to halt its efforts to arrest and deport Chung, saying “nothing in the record” indicated that Chung posed a danger to the community.“After the constant dread in the back of my mind over the past few weeks, this decision feels like a million pounds off of my chest. I feel like I could fly,” she shared in a statement to the Guardian after the ruling.Her location remains undisclosed, and Chung herself has remained shielded – for her own protection – from the public. But she has nonetheless made a powerful statement, by raising a simple question: if the administration can arbitrarily and unilaterally threaten immigrants over political views they disagree with, if it can disregard the free speech rights of lawful permanent residents – what limits, if any, remain on its power?“Officials at the highest echelons of government are attempting to use immigration enforcement as a bludgeon to suppress speech that they dislike, including Ms. Chung’s speech,” her lawyers write in the suit.Unlike some of the other students the administration has targeted for pro-Palestinian activism, including recent graduate Mahmoud Khalil, who led protests on campus, and Cornell PhD student Momodou Taal, who delivered speeches at his university’s pro-Palestinian encampment, Chung’s involvement in the movement was low-profile. She didn’t play an organizing or leading role in any of the protest efforts; she didn’t speak to the media about her activism.“She was, rather, one of a large group of college students raising, expressing, and discussing shared concerns,” her lawyers write.Chung moved to the US from South Korea when she was seven, and has lived in the country ever since. She was a valedictorian in high school; at Columbia, she had contributed to a literary magazine and an undergraduate law journal. She has maintained a 3.99 GPA and interned with a number of legal non-profits including the Innocence Project.Last spring, Chung was one of hundreds of students and other activists who set up the Gaza Solidarity Encampment on the university campus, and hundreds of others visited the space to attend speeches, community events and protests. As the university began meting out disciplinary actions against protesters, hundreds of students and faculty also joined in a walkout in solidarity with student activists, demanding amnesty to student protesters.View image in fullscreenIn May last year, Chung and other students faced disciplinary proceedings for posting flyers on school campus – but the university ultimately found that Chung had not violated policies, according to the lawsuit.After that, Chung continued her studies, and it wasn’t until earlier this month that she came onto immigration officials’ radar.Earlier this year, Barnard College, a sister school to Columbia, announced the expulsions of several protesters – amid a renewed, nationwide crackdown on student protesters that came following pressures from the Trump administration to tamp down pro-Palestinian activism on campus.Chung attended a sit-in demonstration calling on Barnard to reverse the expulsions. Chung became trapped between a crowd of students and New York police department officers investigating a bomb threat, according to the suit. She, and others, were charged by the NYPD for “obstruction of governmental administration”.Days later, immigration officials obtained a warrant to track down and arrest Chung. In a statement on Monday, the Department of Homeland Security characterized the sit-in she attended as a “pro-Hamas protest at Barnard College”.In a press conference after a hearing on Chung’s case Tuesday, Ramzi Kassem, one of her lawyers, said that Chung “remained a resident of the Southern District of New York” and had been “keeping up with her coursework” even amid Ice’s efforts to track her down and arrest her.In a lawsuit filed Monday, Chung’s lawyers wrote that the prospect of arrest and detention has “chilled her speech” – and note that the administration’s pursuit of non-citizen students had overall dampened free expression.“Ms. Chung is now concerned about speaking up about the ongoing ordeal of Palestinians in Gaza as well as what is happening on her own campus: the targeting of her fellow students,” the suit alleges.Scores of other students could also be silenced with similar threats, the suit argues. Faculty at Columbia and universities across the US have reported that international students and green card holders have been worried about attending classes, and are reconsidering plans to visit family, study abroad or travel for research.The administration has also placed immense pressure on universities to cooperate with its crackdown on protesters. Last week, the university agreed to overhaul its protest policies and hire an internal security force of 36 “special officers” who will be empowered to remove people from campus after the administration revoked $400m in funding for the university, which many faculty have taken as a dangerous capitulation that will endanger academic freedom.And the threat of deportation against her is a powerful one, the suit continues. If she is sent to South Korea, she would be arriving in a country she hardly knows – separated from her parents and community, and a sister who is about the start college as well.“Yunseo no longer has to fear that Ice will spirit her away to a distant prison simply because she spoke up for Palestinian human rights,” said Kassem in a statement to the Guardian. “The court’s temporary restraining order is both sensible and fair, to preserve the status quo as we litigate the serious constitutional issues at stake not just for Yunseo, but for our society as a whole.” More

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    Trump signs executive order that will upend US voter registration processes

    Donald Trump has signed a far-reaching executive order that promises to fundamentally disrupt American voter registration processes, introducing measures so restrictive they could in effect disenfranchise millions of citizens if enacted.Described by Will Scharf, the White House staff secretary, on Tuesday as “the farthest reaching executive action taken” in the nation’s history, the order represents the latest in a long list of assaults against immigration, but also on current voting systems.The sweeping order amends the federal voter registration form to require proof of citizenship in order to vote. It demands documentary proof for citizenship such as a passport to be eligible to vote in federal elections, empowers federal agencies to cut funding to states deemed non-compliant and instructs the Department of Justice to prosecute what the White House paints as “election crimes”.The measure also seeks to block states from accepting mail-in ballots after election day, regardless of when they are mailed in.Many of the provisions in the order are likely to be quickly challenged and are legally suspect. The US constitution explicitly gives states and Congress the authority to set the rules for election and does not authorize the president to do so.“The short answer is that this executive order, like all too many that we’ve seen before, is lawless and asserts all sorts of executive authority that he most assuredly does not have,” said Danielle Lang, a voting rights lawyer at the non-profit Campaign Legal Center.Republicans have long sought to add a citizenship to the federal form and been stymied by the courts. In a 7-2 decision in 2013, for example, the US supreme court said that Arizona could not require proof of citizenship to vote in federal elections. The power to set the requirements on the federal form is left to the bipartisan Election Assistance Commission. Courts have also blocked efforts to short-circuit efforts to add the question.The order tracks with a controversial bill in Congress Safeguard American Voter Eligibility (Save) Act, which would require Americans to prove citizenship in person – a requirement that could immediately eliminate mail-in and online voter registration already across 42 states, as well as DC and Guam.All metrics point to these actions making it harder, not easier, for Americans to vote. According to the state department in 2023, fewer than half of all Americans had a valid passport, and nearly 69 million women who have changed their names would struggle to produce matching documentation, according to a Center for American Progress analysis.Kansas had a law requiring proof of citizenship in effect between 2013 and 2016. It wound up putting the registrations of 30,000 people in jeopardy – the vast majority of whom were eligible to vote.The Center for Democracy and Civic Engagement reported in 2024 that roughly 21 million voting-age Americans, about 9% of the population, do not have a current, valid ID.Despite Trump’s claims of widespread election fraud, federal law already prohibits non-citizens from voting, with penalties including up to five years in prison. Current election systems already use multiple federal databases to verify voter eligibility, including citizenship data from the Department of Homeland Security.skip past newsletter promotionafter newsletter promotionA day after the 2024 elections, the Cybersecurity and Infrastructure Security Agency (Cisa) director, Jen Easterly – the agency in charge of overseeing election security in the United States – said: “Our election infrastructure has never been more secure and the election community never better prepared to deliver safe, secure, free and fair elections for the American people.“Importantly, we have no evidence of any malicious activity that had a material impact on the security or integrity of our election infrastructure,” Easterly added.Still, Trump framed the order as a critical step in “straightening out our election”, claiming the country is “sick” from what he termed “fake elections.” He added that “there are other steps that we will be taking as the next in the coming weeks” when it comes to the electoral process.This action continues Trump’s long-term efforts to reshape democratic participation, a throwback to his 2020 memo to exclude non-citizens from census population counts that would be used to shape congressional districts. The rhetoric and subsequent follow through represents a potentially transformative – and deeply controversial – approach to voter eligibility that could redefine access to the ballot box.“Perhaps some people think I shouldn’t be complaining because we won in a landslide, but we got to straighten out our election,” Trump said as he signed Tuesday’s order. More

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    We call on Columbia to stand up to authoritarianism | Open letter

    To the Columbia University administration,As journalists who were trained by Columbia University’s Graduate School of Journalism, and who are steeped in America’s long traditions of free speech and academic freedom, we write to you to express our horror at the events of the past week.The Trump administration has sent immigration enforcers into university-owned student housing and university public spaces at Columbia, has arrested and sought to deport Mahmoud Khalil – not for having committed any documented crimes, but for the thoughts that he has expressed; and has forced another student, Ranjani Srivasan, to flee to Canada after her visa was revoked, also apparently for thought crimes.It has sought to financially cripple the university by withholding $400m in federal funds. And it has demanded the university shut down or restructure departments it deems to be politically problematic, and that it alter its criteria for who to admit to incoming student cohorts.We come from diverse political backgrounds and worldviews; some of us were deeply alienated by last year’s campus protests around the war in Gaza, others of us were sympathetic to the students. Regardless of our political views, however, we firmly believe that the federal government should have no role in policing Columbia’s academic structures, in shaping course requirements and personnel choices made by the university, in dictating admissions strategies, and in terrorizing students for expressing political views that the first amendment clearly protects.Yet, astoundingly, all of these changes are now being accepted by Columbia University in the vain hope of deterring a predatory government from cutting off federal funds and decimating the university’s science research facilities. The university higher-ups have sold out students and faculty alike in their efforts to access federal dollars.We recognize that the fault here lies primarily with the Trump administration, which is stampeding away from democratic norms and, by the day, reinventing the US as an autocracy in the image of Orbán’s Hungary and Putin’s Russia. We recognize, too, that universities such as Columbia are caught between a rock and hard place, damned if they cooperate with the Maga agenda and damned if they don’t.In such a dismal situation, courageously standing up for moral principles and academic codes would have been the honorable – and ultimately more effective – path to take. As Churchill famously said after England and France’s capitulation to Nazi demands at the Munich conference in which Czechoslovakia was dismembered: “You had a choice between dishonor and war; you chose dishonor and you shall have war.”Trump’s administration preys on weakness, and it is employing an extraordinarily effective divide and conquer strategy. We are seeing this in its assault on individual law firms, such as Paul, Weiss, Rifkind, Wharton & Garrison, which this week cried uncle and arranged a meeting with Trump, in which it agreed to do $40m of pro bono work for clients and issues of his choice in exchange for not having their security clearances revoked.That will, of course, only empower Trump and the justice department to ask more of the capitulating attorneys and also to go after additional law firms, seeking the same result – indeed, on Friday night, Trump released a memo directing the Department of Justice to do just that. We are seeing it with major media outlets – take, for example, ABC’s extraordinary decision to donate millions of dollars to the Trump presidential library to make an inconvenient Trump lawsuit disappear; or CBS’s decision to give the Trump team access to the transcripts of its pre-election interview with Kamala Harris. Again, that will only empower Trump to demand further concessions from those companies in how they report on his Administration as well as to seek to kneecap the independence of other media outlets.And, of course, we are seeing it in the escalating war against academia. Columbia’s capitulation won’t end the nightmare that American research universities are facing, rather it will make it worse. For if an institution of the stature, and with the vast endowment resources, of an Ivy League school such as Columbia can be publicly humiliated and made to grovel for Federal crumbs, then every other academic institution in the country is rendered weaker and more open to political attack.Given this reality, we urge Columbia’s administrators to rethink their strategy in dealing with Trump’s authoritarian administration. We urge university administrators around the country to respond collectively rather than allowing themselves to be picked off one by one. And we urge Columbia alumni, of all political persuasions, to join with us in recognizing the enormous stakes in play here, and in demanding that this wonderful academic institution stand up for the values and the beliefs that have held steady since its founding more than 270 years ago. We urge alumni to call their political representatives to protest the assault on academic freedom, to contact Columbia University’s leadership to express their displeasure, and, if necessary, to withhold their donations to Columbia until such time as the university stiffens its spine in its dealings with the Trump administration.This is, we believe, one of the greatest crises facing academia in US history, and also one of the greatest assaults on free speech. How universities such as Columbia respond will determine whether universities remain independent or whether, ultimately, they end up simply serving as extensions of an increasingly authoritarian state.Sasha Abramsky
    Jason Ziedenberg
    Marissa Ventura
    Marion Davis
    Martha Irvine
    Anna Allen
    Gil Griffin
    Megan Williams
    Tony Fong, Science editor
    Victoria Pesce Elliott
    Holly Bass
    Stuart Davis
    Chuck Tanowitz
    Jennifer Cohen Oko
    Carolyn Juris
    Victoria Colliver
    John Nichols
    Chris Lombardi
    Alice Sparberg Alexiou
    Elizabeth Kadetsky
    Dina Hampton
    Aaron Naparstek
    Kevin Heldman
    Jerome Weeks
    Betsy Rosen
    Lizzy Stark
    Jay Ross
    Professor Sam Freedman
    Timothy Cahill More

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    Donald Trump is seeking to erase the United States as we know it | Laurence H Tribe

    Less than seven weeks into Donald Trump’s second term as president, his administration has set off a new wave of handwringing over what has by now become a familiar question: has the US entered a constitutional crisis?Triggering the latest iteration of that worry, the government hastily deported more than 200 Venezuelan immigrants to a notorious prison in El Salvador, without hearings or evidence and thus without anything even resembling due process of law, pursuant to the US president’s proclamation “signed in the dark on Friday evening” that they constituted an invasion by a foreign state.Trump invoked a 1798 statute last used to intern Japanese Americans during the second world war, buttressed by powers he claimed were inherent in the presidency. Chief judge James E Boasberg of the US district court for the District of Columbia rushed to convene a hearing on the legality of the challenged action as two deportation flights departed from Texas, followed quickly by a third. Moments after the judge ordered them to return so he could rule on a motion barring the deportation, El Salvador’s president, Nayib Bukele, tweeted: “Oopsie … Too late”, with a laughing emoji, even as the court considered whether its order had been defied.The branch of government best able to uncover and safeguard both our noblest traditions and the simple truth in moments such as these – the judiciary – has been hobbled and vilified by Trump and his allies, making wildly irresponsible calls for impeachment that put dangerous targets on the backs of judges who rule in ways they dislike. Even mild-mannered chief justice John Roberts had to cry “foul”. The administration’s cavalier attitude toward courts that fail to do its bidding, exemplified by calls for Boasberg’s removal, seemed to confirm concerns about a looming crisis.But searching for evidence of a “constitutional crisis” in the rapidly escalating clashes of the executive branch with the judicial branch misses the larger cataclysm taking place across the US. This president, abetted by the supine acquiescence of the Republican Congress and licensed by a US supreme court partly of his own making, is not just temporarily deconstructing the institutions that comprise our democracy. He and his circle are making a bid to reshape the US altogether by systematically erasing and distorting the historical underpinnings of our 235-year-old experiment in self-government under law.What we are currently living through is nothing less than a reorganized forgetting of the building blocks of our republic and the history of our struggles, distorting what it means to be American. The body politic is being hollowed out by a rapidly metastasizing virus attacking the underpinnings of our entire constitutional system. Make no mistake. This is how dictatorship grows.Symptomatic of that reshaping is the peculiar emergence, in a duet staged by the president together with the world’s richest man and Trump’s main benefactor, of a co-presidency without precedent in our republic and without even a hint of the irony in such shared power being propagated by ideologues whose mantra has long been the need for a “unitary presidency”.As staffers of the newly minted so-called “department of government efficiency” (Doge) raided congressionally created independent federal agencies and foundations without warning and slashed entire programs without thought, the Trump administration stuttered when asked by the courts to explain who was in charge of the “department” that no Congress had created – and how the leader of that enterprise had somehow acquired the power of the purse that the constitution clearly delegated only to Congress.More than just stonewalling courts and refusing to provide basic information on government activities, the Trump administration has waged war on history itself. Having first debilitated our capacity to act, it is now coming after our capacity to think. The same day Boasberg directed the administration to explain why it had seemingly failed to comply with his order, Doge staffers marched into the Institute of Museum and Library Services (IMLS), the agency responsible for funding many needy public museums, libraries and historic repositories across the country.Like Julius Caesar besieging and burning the Library of Alexandria, the Doge officials descended upon the IMLS to begin the process of gutting the public institutions dedicated to preserving and making widely available the shared memory of our past. It was none other than Benjamin Franklin whose conception of public libraries democratized knowledge and made it accessible to ordinary people. What used to be the private province of the few became the public province of the many.The attack on the IMLS is only the latest episode of the Trump presidency’s attempt to privatize information while replacing authentic history with a version more to its liking. As internet archivists race to back up the nation’s files and records, Trump administration officials have been systematically purging government websites in real time of the tools, concepts and language we need to act as informed citizens. In response to secretary of defense Pete Hegseth’s order to remove “diversity” content from the department’s platforms, the Pentagon took down pages about the Holocaust, September 11, cancer awareness and suicide prevention. So too, the Department of Agriculture deleted entire datasets and resources that farmers relied on to identify ways of coping with heat waves, droughts, floods and wildfires. Websites belonging to the Small Business Administration and Arlington National Cemetery scrubbed their platforms of photographs and references to women, LGBTQ+ individuals and people of color, including facts about American heroes such as Jackie Robinson or Gen Colin Powell.Taken together, these events of the past few weeks reveal an alarmingly rapid collapse of what gives the United States constitution life and meaning. Its words may remain unchanged, but its role in our lives is crumbling before our eyes. Looking for a decisive explosion or a moment of crisis – what physicists call a singularity – in the chaotic onrush of presidential provocations is a fool’s errand, one calculated to disarm the resistance without which we will surely be doomed.The seeds of our ongoing disintegration long precede Trump’s rise to power. They were planted decades ago by strategic politicians who dressed rightwing ideologies in conservative garments, permitting the darkest angels of our nature to take hold and to reach a climax in fake claims of a stolen election that led to an insurrection in our country’s capital, followed first by the Senate’s abdication of its duty in Trump’s second impeachment trial (on the bogus ground that the trial had begun too late to give the Senate jurisdiction) and next by the US supreme court’s gifting of Trump – and every future president – with a nearly absolute immunity transforming the office from one restrained by law to a source of virtually limitless power.Rarely noted is how this frightening power to ignore federal criminal law has been conferred not only on the president but on his legions of loyal lieutenants, from public officials to private militias. Because the constitution itself gives presidents an unbridled power to pardon others – a power Trump reveled in employing to free from prison the violent insurrectionists that he had himself helped unleash – we now live under a system in which any president can license his trusted followers to commit crimes to consolidate his power and wealth, making clear that a pardon awaits them should they face federal prosecution. The upshot is that privateers in league with the president can safely ignore federal laws criminalizing corrupt evasion of rules designed to protect public health and safety while they casually usurp powers the constitution gave to Congress, moving so fast and breaking so much that not even genuinely independent federal courts can keep pace with the mayhem.In his iconic poem The Hollow Men, TS Eliot a century ago famously wrote: “This is the way the world ends / This is the way the world ends / … /Not with a bang but a whimper.” Rooted in our past, the anti-democracy virus has reached a fever pitch as it ravages the body politic and revises all traces of our history. It’s a virus we must fight with all the energy we can muster if we don’t want our system of self-government under law to die – not in a sudden explosion but with a quiet whimper.The tragedy is that too many politicians and organizations are caving in without a fight, leading others to follow suit. With each surrender, Trump and his minions not only grow more emboldened but cement their hold on power by cracking down on all who dare oppose them in court, including lawyers who come to the aid of the administration’s enemies.Without more courageous leaders – including Republican officeholders who fear being primaried by candidates backed by limitless wealth – and without more bravery on the part of corporate CEOs whose fortunes can be threatened by Trump, elite lawyers whose business can shrivel if Trump targets them, and ordinary citizens understandably fearing online threats and worse, this darkness will be our destiny as we are reduced to mere memories and then relegated to the vast wasteland of the forgotten.

    Laurence H Tribe is the Carl M Loeb University professor and professor of constitutional law emeritus at Harvard Law School. Meriting special thanks and acknowledgment is his research assistant, Radhika M Kattula, a third-year law student at Harvard Law School. More

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    Venezuelan immigrants deported from US to Venezuela via Honduras

    A group of Venezuelan immigrants have been deported from the US to Honduras and then sent on to Venezuela, after an apparent deal between the three countries.The flights came one day after a Venezuelan government official announced on social media it would resume accepting deportees from the US. Deportations from the US to Venezuela, which have rarely taken place, have been a point of dispute for the Trump administration.Sunday’s indirect deportation flight to Venezuela comes amid heightened tensions between the Trump administration and Venezuela, and an increase in operations targeting Venezuelan immigrants in the US.The Venezuelan government official’s announcement also alluded to the highly contentious expulsion of Venezuelan migrants to El Salvador last week.“Migrating is not a crime, and we will not rest until we accomplish the return of all who need it, and until we rescue our brothers that are kidnapped in El Salvador,” said Jorge Rodríguez Gomez, the president of the Venezuelan national assembly.The Honduran foreign minister announced on Sunday night that 199 Venezuelans were deported from the US to a military base in Honduras on Sunday. From there, the migrants were placed on Venezuelan planes and returned to Venezuela.“This process shows us again the positive cooperation between the government of Honduras, the United States of America and the Bolivarian Republic of Venezuela,” Enrique Reina said on X.According to the US state department’s Bureau of Western Hemisphere Affairs, the Trump administration expects to see “a consistent flow of deportation flights to Venezuela going forward”.Since the Trump administration took office two months ago, there has been heightened pressure and aggression towards the Venezuelan government. In early February, the Venezuelan government sent two planes to the US to pick up deportees and returned them to Venezuela. At the time, the two flights were seen as a breakthrough in relations between the US and Venezuela.However, scheduled flights were again placed on hold by the Venezuelan government, after Donald Trump reversed the 2022 license given to Chevron to operate in Venezuela. Last week, secretary of state Marco Rubio threatened “new, severe, and escalating sanctions” on Venezuela if it did not accept deportations.On Monday, the treasury department published a license authorizing the wind down of Chevron’s work in Venezuela.The first deportation to Venezuela via Honduras took place last month, when the US deported 177 Venezuelan immigrants previously detained at the Guantánamo Bay naval base. The US government’s Immigration and Customs Enforcement agency and the Honduran foreign minister at the time both announced that deportation.The Honduran government has strong diplomatic relations with Venezuela and their involvement in the transfer of Venezuelan deportees raises questions about behind-the-scenes negotiations between the Trump administration and the two Latin American governments. Before the US president took office, Honduran leftwing president Xiomara Castro had threatened to expel the US military from a base in the Central American country, in response to Trump’s threats to engage in mass deportations.But after February’s first deportation to Venezuela via Honduras, Reina confirmed that Castro’s husband – former president reformist Manuel Zelaya– had coordinated with Trump envoys Mauricio Claver-Carone and Richard Grenell for the transfer of the migrants.In a shakeup to US and Honduran relations, Castro’s brother-in-law and Zelaya’s brother, was previously accused in a US federal court of collaborating with drug traffickers. Her predecessor Juan Orland0 Hernández was convicted and sentenced in New York of drug trafficking.All of this comes amid heightened US aggression towards the Venezuelan government. Earlier this year, before Trump assumed the presidency, the US state department announced a reward of up to $25m, for information leading to the capture of Venezuelan president Nicolás Maduro. In March 2020, under Trump’s first presidency, Maduro and other top officials were indicted in a New York federal court of drug trafficking and related crimes.On Monday, Trump threatened to impose 25% tariffs on any country that purchases oil from Venezuela, saying the country “has been very hostile to the United States and the Freedoms which we espouse”.When announcing the secondary tariffs, Trump added, without proof, that Venezuela has “purposefully and deceitfully” sent to the US, tens of thousands of “undercover” gang members. In late February, the state department designated the Venezuelan gang Tren de Aragua as a terrorist organization. The Trump administration has continually, also without proof, claimed that many Venezuelan immigrants in the US belong to the gang, and have been sent by the Venezuelan government.Last week, the Trump administration quickly, and without due process, expelled 238 Venezuelan migrants from the US to El Salvador after invoking the Alien Enemies Act. When invoking the Act, Trump said that the Tren de Aragua gang “is closely aligned with, and indeed has infiltrated, the Maduro regime”.The Venezuelan immigrants were sent to a high-security “terrorism” prison, run by the rightwing Salvadoran government of Nayib Bukele.In the days that followed, news organizations began publishing details of the operation, including that some of the Venezuelans expelled to El Salvador were not members of the Tren de Aragua gang. The Trump administration continues to say that the rendition operation was legal, and that all Venezuelans expelled in the operation were gang members. A federal judge blocked the administration from expelling people via the Alien Enemies Act, and on Monday, he ruled migrants are entitled to individual hearings before being expelled.Despite the Trump administration claiming that alleged Tren de Aragua members were sent by the Venezuelan government, an intelligence document suggests otherwise. Reporting from the New York Times last Thursday revealed that the CIA and the National Security Agency contradict Trump’s claims of the Venezuelan government’s ties to the Tren de Aragua gang, raising questions about Trump’s invocation of the war-time Alien Enemies Act. The justice department announced a criminal investigation into the source of the New York Times’ reporting. More

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    Trump’s imperial plan is now eroding the rights of people who thought they were safe | Nesrine Malik

    The imperial boomerang effect is the theory that techniques developed to repress colonised territories and peoples will, in time, inevitably be deployed at home. Repressive policing, methods of detention and controlling dissent, forcing humans to produce goods and services for overlords in the metropolis, or even mass enslavement and killing: all “boomerang” back into that metropolis. First, they are used against those who are seen as inferior; then, they are deployed even against those citizens with full rights and privileges if they dare to question authority. In short, the remote other eventually becomes the intimate familiar.Donald Trump’s second term has so far been a case study in how systems built for those whose rights have been diluted or taken away eventually devour those who were assumed to be safe from such violations. There are three ways in which this process of rebounding happens. The first is through the creation of a domestic caste system that mirrors the one outside a country’s borders, as demonstrated in the recent treatment of those foreigners with permanent US residency and valid work visas who expressed dissenting views on Gaza.Under Trump, their actions meet a threshold of insubordination that justifies their arrest, detention and deportation. The human rights of those individuals, such as due process, are cancelled. In allying themselves with Palestinians and against US foreign policy, they are demoted to the level of those Palestinians in their treatment by the US government. The tenuousness of permanent residency, valid work visas, green cards, marriage to US citizens and parenthood to American children starts to become clear. These are all conditional rights that can be stripped away if, in your alliances and solidarities, you identify yourself as a subject of American power. You mark yourself out as a citizen of the periphery daring to ask for the rights of the citizens of the core.Trump’s invocation of the 1798 Alien Enemies Act is an almost too-on-the-nose demonstration of that two-tier system. Laws that were designed centuries ago, and have only been used to create legal vacuums on US soil in order to detain foreigners, create a second class of human. Franklin Roosevelt relied on the act to create domestic internment camps during the second world war, in which more than 100,000 people of Japanese descent were detained. Another order that he issued, and that mandated the internment of US citizens, was only overturned in 2018. If it had not been, Trump would no doubt be using the law to extend arrests and detentions to US citizens for their political opinions as well.That legal infrastructure, no matter how dormant, is always open to reactivation and capture. A similar process unfolds within the workings of an immigration complex that is already opaque and reflexively punitive. The second rebound mechanism is via this sort of infrastructure. The US immigration system is a vast enterprise of bureaucracy, employment, detention centres and private companies that channels and imprisons immigrants. It is also a system that, even before Trump, was one of legal sinkholes and almost infinite licence. Border guards have the final decision-making authority on whether you enter the US, no matter what visa you are issued from an embassy abroad; customs agents have the right to search devices; and, if you are detained and deported, that whole process can happen without you being given access to a lawyer or standing before a judge. Detention for many is a state of extended limbo.Combine a system so large with a regime that enables it while weakening the judicial and legal proceedings that act as a check on its worst impulses, and you have a recipe for overreach and impunity. On his first day in office, Trump signed an executive order that gave even more power to border officials to “identify all resources that may be used to ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible”. With increased deportations of undocumented migrants being a flagship policy of Trump’s campaign, and the empowerment of Immigration and Customs Enforcement (Ice) to achieve that end, a practical and political dragnet has been cast so wide that it’s catching a lot more than intended. It is no longer only those whose skin colour, paperwork or political opinions throw them into uncertainty.Over the past few weeks, German tourists were arrested when they tried to enter the US entirely legally through the southern border, and detained for weeks before being deported. Jasmine Mooney, a Canadian citizen with a work visa, was arrested and detained for two weeks but told to “mentally prepare” herself for “months”. A French scientist was denied entry to the US when his phone was searched and messages critical of Trump were found. Those who have been added to the immigration detention prison population, from Mooney to Mahmoud Khalil, a green-card holder and recent graduate of Columbia University, testify to the state of detainees they met there. “Justice,” Khalil wrote from detention, “escapes the contours of this nation’s immigration facilities.”Which brings us to the third way in which the boomerang effect takes place – through the erosion of norms and standards, a cannibalisation of the very political systems meant to govern and protect those at the centre. On 18 March, Trump called for the impeachment of a federal judge who issued a temporary ban on deportations as ordered by the administration. The confrontation between Trump and the judiciary has precipitated a constitutional crisis that is shaking the foundations of US politics. The system of checks and balances – the equality of the legislative, executive and judicial branches under the constitution – is threatened by Trump’s open defiance and desired subjugation of all to the executive office. This is against a backdrop of the limiting of academic freedom, the violation of the first amendment, and a disregard for the US constitution described by experts as a “blitzkrieg on the law”.In this, there is something that can be seen everywhere in regimes that either have or crave absolute power. In order to seize authority and run a whole country according to the interests of a sovereign, more and more parties must be disenfranchised and repressed. The imperial form of governance is the prototype of what is required to exert control in the presence of mass dissent. But all political systems with large components that subdue a significant portion of the population cannot continue without those components overtaking the entire machine. It is a simple, almost elegant fact; something like a law of nature. But a nation that withholds its best ideals from some will end up losing them for all.

    Nesrine Malik is a Guardian columnist More

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    IRS nears deal with Ice to share data of undocumented immigrants – report

    The US Internal Revenue Service (IRS) is reportedly nearing a deal to allow immigration officials to use tax data to support Donald Trump’s deportation agenda, according to reports by the Washington Post.Under the proposed data-sharing agreement, said to have been in negotiations for weeks, Immigration And Customs Enforcement (Ice) could hand over the names and addresses of undocumented immigrants to the IRS, raising concerns about abuse of power from the Trump administration and the erosion of privacy rights.If access to this confidential database is agreed upon, it would mark a significant shift, likely becoming the first time immigration officials have relied on the tax system for enforcement assistance in such a sweeping way.Under the agreement, the IRS would cross-reference names of undocumented immigrants with their confidential taxpayer databases, a move that would breach the long-standing trust in the confidentiality of tax information. Such data has historically been considered sensitive and thereby closely guarded, so the reported deal has raised alarm bells at the IRS, according to the Washington Post.The IRS website says that undocumented immigrants “are subject to US taxes despite their illegal status”, and because most are unable to get social security numbers, the agency allows them to file with individual taxpayer numbers, known as ITINs. The agency also subjects them to the same reporting and withholding obligations as it does to US citizens who receive the same kind of income. More than half of the roughly 11 million undocumented immigrants in the US file income tax returns to document their payments to the government.While the IRS mandates that taxpayer information is protected, section 6103 on the agency’s website outlines that “under court order, return information may be shared with law enforcement agencies for investigation and prosecution of non-tax criminal laws.” However, sources familiar with the matter told the Washington Post that it would be rare for these privacy law exceptions to be weaponized for cooperation with immigration enforcement and that this is outside of standard procedure.The potential shift in taxpayer data use, from once being used to rarely build criminal cases to now reportedly becoming instrumental in enforcing criminal penalties, aligns with many of the more aggressive immigration policies Trump is pursuing.During his campaign, Trump promised to deport millions of undocumented people in the US, and the reports of this new deal shine a light on how he is planning on doing so. Since becoming president, he has ended legal pathways for immigrants to come and stay in the US.The Department of Homeland Security (DHS) said on Friday they would revoke the temporary legal status of more than 530,000 Cubans, Haitians, Nicararguans and Venezuelans, and Ice raids and enforcement operations have been commonplace in major cities across the US – like Chicago and New York – with high immigrant populations.And on Sunday, members of the Trump administration defended using the 1798 Alien Enemies Act, a wartime law, to deport the 137 Venezuelan migrants last weekend on the grounds that they were committing violent crimes and sending money back to Venezuela. The administration deported the migrants despite a judge’s verbal orders telling them not to do so.The border czar Tom Homan said in an interview with ABC News that the administration would not defy court orders stemming from legal challenges over its invocation of the wartime Alien Enemies Act to deport the alleged Venezuelan gang members.“I don’t care what the judges think as far as this case,” Homan told ABC, referring to a federal judge’s efforts to determine whether the administration already ignored an earlier order to temporarily halt deportations.The attorney general, Pam Bondi, also addressed the deportations in an interview with Fox News on Sunday, calling the fight against the alleged gang members was akin to “modern day warfare”. More

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    Amid fear and confusion in US immigrant communities, protest goes grassroots

    On Sundays, Juan Carlos Ruiz gives his sermons while wearing a white robe. Although his English- and Spanish-speaking congregants at a Brooklyn-based church may not notice it, the neck of his robe is ripped, the cloth frayed. When asked about the tear in his robe, Ruiz gives a charming smile, remembering his 2018 arrest.That year, during the first Trump administration, Ruiz was participating in a protest to prevent the deportation of a prominent New York immigration activist. As tensions flared, cops began to rough up some demonstrators. Ruiz attempted to intervene. He and 17 others were arrested by police; his white alb ripped during the struggle.“They beat us for a long time,” Ruiz recalls. “But it exposed that, although New York is a so-called ‘sanctuary city’, in reality, the practice still existed of working hand-in-hand with the migrant police.”Ruiz is an important figure in New York’s immigrant activist space, one of many providing services and assistance to immigrants at risk of being targeted by federal authorities. Now Ruiz and others are continuing their work to help migrants – but with more urgency and determination under the second Trump administration’s aggressive anti-immigrant full court press.View image in fullscreenAlthough the work is not new for many, immigrant rights activists in New York are adapting their methods, finding new ways to respond to the federal government’s attacks. Some groups are offering legal advice to immigrants navigating the backlogged and bureaucratic proceedings, even as the White House steers around due process; others are providing legal information, in case immigration officials come knocking; and others are providing food and basic assistance to those in need.There is deep confusion and much fear in many communities – both documented and undocumented, with advocates attempting to anchor those threatened by providing quick-response resources, information and – if necessary – physical refuge.“We are responsible for our own silence,” Ruiz said. If you do not stand up against injustice, he added, “we will be complicit in a system that is undermining all of us.”Before Ruiz’s Spanish-language service on Sundays, the church provides a hearty meal to people who attend. During the downtime, while young children laugh and chase each other around the church, many people will wait patiently to visit with the pastor in his office. They will inquire about their immigration cases or request help with their legal process.On one recent Sunday, a man kissed his baby and his wife, embraced Ruiz and broke down in tears after the pastor handed him an envelope. His work permit had finally arrived in the mail.“For me, my role is more to accompany, listen, maybe take the person’s hand and, as I accompany them, search for paths forward and solutions,” Ruiz said, with his distinctive central Mexican accent. “A lot of people, what they want, is just to be heard.”And Ruiz has heard it all. He has sat with immigrants who tell horror stories of the extremely dangerous journey through South and Central America. Others tell Ruiz about loved ones, who have died or been killed. Some migrants have fled their home countries due to political persecution; others are fleeing violence from organized criminal groups. Many also seek economic opportunities, with some leaving due to poverty driven by the climate crisis or weak, corrupt governments.The toughest aspect is seeing the “normalization of lies” about immigrants: “The lies that ‘having papers makes you superior,’ that ‘having a certain skin color makes you better’ or ‘less’. These lies undermine people’s dignity,” he said.Since Donald Trump took office for the second time, Ruiz noticed attendance at his Sunday lunches began to wane. On 20 January, Trump’s Department of Homeland Security released a memo allowing for Ice to conduct arrests and enforcement operations at “sensitive locations” or “protected areas”, including churches, schools and medical facilities. Legal challenges partially blocked the “sensitive locations” Trump memo but a nationwide chilling effect and fear lingers. However, life must go on.“I’ve been in this country for 20 years,” one woman from Mexico said, asking for her name to be withheld for fear of being targeted by Immigration and Customs Enforcement (Ice), the federal agency that carries out deportations. Last month fear was rampant and she noticed the New York subway trains were emptier than usual on the way to work. “But we have to keep going. We have to go work because, here, no one is going to help us pay rent, no one is going to help us except ourselves,” she said.Ruiz became the pastor of the Good Shepherd church in 2018. Ever since, during moments of desperate need and heightened threats, he has periodically opened the church’s doors, offering sanctuary to migrants seeking refuge, motivated by his own experience as an immigrant and decades of activism.He arrived in the US at 16 from Mexico and was himself undocumented – “living in the shadows”, as he describes it – before going through the long process of obtaining legal status. At one point, immigration officials attempted to deport his brother. His family’s church intervened and stopped the deportation – a landmark event in Ruiz’s political, religious and personal development. His religious philosophy was further shaped by a longstanding tradition of progressive faith activism, having studied under liberation theology and leftwing Jesuit priests in Chicago and New Jersey.“We are a sanctuary church. This means that your body and blood, your dignity and your personhood, is also sacred,” Ruiz preached to his congregants during a recent Spanish-language sermon. “When there are unjust systems that distort that, one has the necessity to protest, or do whatever is possible, to dismantle those unjust systems.”In the first two months of the Trump administration, the federal government has significantly escalated its offensive against undocumented immigrants. Among its countless actions, the administration has stripped away asylum rights, sent migrants to the Guantánamo naval base to be detained, arrested a green card holder for political activism, issued quotas for Ice arrests and used the Alien Enemies Act to deport immigrants, despite a federal judge’s order. Ice arrested more than 32,000 people during Trump’s first 50 days.Some of the most vigorous challengers to the anti-immigrant agenda have been immigrant and civil rights organizations, including grassroots groups, rather than from Democratic lawmakers, whose resistance has been limited. And as activists routinely point out, the two recent Democratic presidents – Barack Obama and Joe Biden – leaned into the federal detention and deportation machine.“I correct people when they say that the system is broken, as if someone arrived and broke it,” Ruiz said. “I tell them: ‘No, the system has been designed to work this way’.”Community organizations and individuals are striving to protect each other.View image in fullscreenFor the past few years, the non-profit organization South Brooklyn Sanctuary has been providing assistance and advice to recently arrived immigrants in New York. The organization originated in the Good Shepherd church, and became independent in 2023 to formalize its work.“ We started in 2022 when Texas governor Greg Abbott first started bussing immigrants from the southern border to New York City as a political ploy,” said Emily Shechtman, co-founder and executive director of South Brooklyn Sanctuary. “It was an all-hands-on-deck, volunteer-run effort that included all sorts of support, like clothing, food, language classes, grocery distribution. And among that work was legal support.”One Saturday evening this month, the organization, in partnership with South Brooklyn Mutual Aid, provided “know your rights” training to a packed room of people, encouraging attendees to look out for their immigrant neighbors.South Brooklyn Sanctuary also runs a legal clinic for immigrants navigating the complex civil court system that adjudicates immigration cases. Unlike the criminal court system, immigrants are not guaranteed legal representation during procedures, so the group provides community support to better equip immigrants to represent themselves in court.“ Our goal is to train volunteers to help people fill out their own applications with attorney supervision, and to provide legal empowerment information so that recently arrived immigrants don’t feel steamrolled, overwhelmed and confused by what’s a very complex, bureaucratic and adversarial legal system,” Shechtman added.Some workshops do not just prepare immigrants to avoid arrest and navigate the immigration system, but they also prepare people for the worst-case scenario. An immigrant woman the Guardian spoke with attended a workshop on how to prepare for deportation if necessary. Although it is a scary lesson, she explains, it is best to be prepared. After the workshop, the mother gave a trusted friend copies of important documents and enough money for four plane tickets, two tickets for her young children to join her in Mexico, and a roundtrip flight for her friend to escort her children – if it comes to that.“After that, I felt a sense of peace,” the woman said. “We’ve come out on top in a country that is not our own, where we don’t speak the language, where we aren’t wanted. If I am deported to my own country, I can start anew.”On a sunny but chilly recent Friday evening, volunteers and staff from the New York Immigrant Coalition (NYIC) advocacy took to the streets with an initiative, sparked by Trump, to distribute pamphlets and cards explaining one’s legal rights in case Ice arrives. They went door to door in Sunset Park, a Brooklyn neighborhood primarily made up of Latin American and Chinese immigrants, many undocumented.The advocates made their way down the main avenue, talking to business owners, workers and pedestrians. They plan to visit other neighborhoods, too.View image in fullscreen“ Workplace raids were very common in the first Trump administration, and we expect them to scale [up],” said Wennie Chin, senior director of civic engagement at NYIC.The organization provides “know your rights” cards in 15 different languages.Chin also distributed signs for business owners to bar immigration officers from entering without the required warrant signed by a judge – explaining that agents brandishing a simple internal administrative order doesn’t cut it.“ We recruit members of the community who may have language capacity to do this level of outreach, and really make sure that we are reaching people where they are at,” Chin added.Later that evening, back at the Good Shepherd church in Bay Ridge, families gathered for music and dance lessons, a place of refuge, where people living with irregular legal status, can breathe a little easier.A boisterous group of more than two-dozen Spanglish-speaking children rehearsed mariachi music in the church’s main space. The mariachi group, armed with violins and guitars, travels around New York City, performing at community events, weddings and parties. As the kids filed out, excited to enjoy the rest of their Friday evening, the church space filled with the sounds of different music coming from the basement.There, about 30 girls, between five and 15 years old, were taking Mexican folk dance lessons. Their traditional colorful skirts swayed as they rehearsed Mexico’s national dance with loud footwork. After a long week of work, the girls’ visibly tired parents watched their daughters rehearse.“We come here, even though there’s fear,” said one father holding a baby. He gestured towards his daughter, a US citizen by birthright who was with the group of folk dancers. “We are not going to take this away from them because of the fear.”As their children danced, a group of 14 parents, all undocumented, mostly from Mexico, sat in a circle on the main floor of the church to discuss their perspectives on the current atmosphere. Some were vocal, some more shy, there was a mix of fear, courage, also anger at government anti-immigrant hostility and misinformation. All asked that their identities be shielded but all seemed relieved to be seen and heard.“We are not taking jobs away from people,” one father said. “It is also an absolute lie that we do not pay taxes. We pay taxes. We do not live here for free, we all work and pay rent.”Although the majority of their children are US citizens, when talking of Trump’s executive order to restrict birthright citizenship, currently in legal limbo awaiting the US supreme court, the parents’ fear was palpable.And the children feel it, too, many said – not just because of news and rumors on social media, but in their own homes and schools.View image in fullscreenOne man’s young son, who loved to play soccer then go eat at his favorite restaurant, refused to go out for weeks, fearing that Ice would arrest his father during their regular weekend outings. Another woman’s daughter was being bullied at school, she said – a classmate was threatening to call Ice on her family. Although the mother was insistent on reporting the classmate to the school, her daughter deleted the bully’s messages, out of fear of escalating the situation.An eight-year-old girl came home from school telling her parents they were going to “deport everyone”. Her parents are of separate nationalities, Mexican and Guatemalan. “Which country are they going to send us to?” the girl asked.“It’s terrifying,” her mother said. “It scared me to hear small children talking about this. It’s a way of snatching away their innocence – they shouldn’t have to worry about this. And how do you explain this to a child?”Ruiz said that confusion and fear are part of Trump’s strategy – but the fight must go on.“ We cannot underestimate the power of a handful of people, willing to work for the common good,” Ruiz said. “We need to keep working, from whichever trench we find ourselves in.” More