|
|
|
Immigration judges fired by Trump administration say they will fight back
Class Action News |
2025/07/26 21:35
|
Federal immigration judges fired by the Trump administration are filing appeals, pursuing legal action and speaking out in an unusually public campaign to fight back.
More than 50 immigration judges — from senior leaders to new appointees — have been fired since Donald Trump assumed the presidency for the second time. Normally bound by courtroom decorum, many are now unrestrained in describing terminations they consider unlawful and why they believe they were targeted.
Their suspected reasons include gender discrimination, decisions on immigration cases played up by the Trump administration and a courthouse tour with the Senate’s No. 2 Democrat.
“I cared about my job and was really good at it,” Jennifer Peyton, a former supervising judge told The Associated Press this week. “That letter that I received, the three sentences, explained no reason why I was fired.”
Peyton, who received the notice while on a July Fourth family vacation, was appointed judge in 2016. She considered it her dream job. Peyton was later named assistant chief immigration judge in Chicago, helping to train, mentor and oversee judges. She was a visible presence in the busy downtown court, greeting outside observers.
She cited top-notch performance reviews and said she faced no disciplinary action. Peyton said she’ll appeal through the Merit Systems Protection Board, an independent government agency Trump has also targeted.
Peyton’s theories about why she was fired include appearing on a “bureaucrat watchdog list” of people accused by a right-wing organization of working against the Trump agenda. She also questions a courthouse tour she gave to Sen. Dick Durbin of Illinois in June.
Durbin blasted Peyton’s termination as an “abuse of power,” saying he’s visited before as part of his duties as a publicly-elected official.
The nation’s immigration courts — with a backlog of about 3.5 million cases — have become a key focus of Trump’s hard-line immigration enforcement efforts. The firings are on top of resignations, early retirements and transfers, adding up to 106 judges gone since January, according to the International Federation of Professional and Technical Engineers, which represents judges. There are currently about 600 immigration judges.
Several of those fired, including Peyton, have recently done a slew of interviews on local Chicago television stations and with national outlets, saying they now have a platform for their colleagues who remain on the bench.
“The ones that are left are feeling threatened and very uncertain about their future,” said Matt Biggs, the union’s president.
Carla Espinoza, a Chicago immigration judge since 2023, was fired as she was delivering a verdict this month. Her notice said she’d be dismissed at the end of her two-year probationary period with the Executive Office for Immigration Review. |
|
|
|
|
|
|
Judge blocks Trump’s birthright citizenship restrictions in third ruling
Criminal Law Updates |
2025/07/23 04:36
|
A federal judge on Friday blocked the Trump administration from ending birthright citizenship for the children of parents who are in the U.S. illegally, issuing the third court ruling blocking the birthright order nationwide since a key Supreme Court decision in June.
U.S. District Judge Leo Sorokin, joining another district court as well as an appellate panel of judges, found that a nationwide injunction granted to more than a dozen states remains in force under an exception to the Supreme Court ruling. That decision restricted the power of lower-court judges to issue nationwide injunctions.
The states have argued Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for health insurance services that are contingent on citizenship status. The issue is expected to move quickly back to the nation’s highest court.
White House spokeswoman Abigail Jackson said in a statement the administration looked forward to “being vindicated on appeal.”
New Jersey Attorney General Matthew Platkin, who helped lead the lawsuit before Sorokin, said in a statement he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere.”
“American-born babies are American, just as they have been at every other time in our Nation’s history,” he added. “The President cannot change that legal rule with the stroke of a pen.”
Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, saying it should be “tailored to the States’ purported financial injuries.”
Sorokin said a patchwork approach to the birthright order would not protect the states in part because a substantial number of people move between states. He also blasted the Trump administration, saying it had failed to explain how a narrower injunction would work.
“That is, they have never addressed what renders a proposal feasible or workable, how the defendant agencies might implement it without imposing material administrative or financial burdens on the plaintiffs, or how it squares with other relevant federal statutes,” the judge wrote. “In fact, they have characterized such questions as irrelevant to the task the Court is now undertaking. The defendants’ position in this regard defies both law and logic.”
Sorokin acknowledged his order would not be the last word on birthright citizenship. Trump and his administration “are entitled to pursue their interpretation of the Fourteenth Amendment, and no doubt the Supreme Court will ultimately settle the question,” Sorokin wrote. “But in the meantime, for purposes of this lawsuit at this juncture, the Executive Order is unconstitutional.”
The administration has not yet appealed any of the recent court rulings. Trump’s efforts to deny citizenship to children born to parents who are in the country illegally or temporarily will remain blocked unless and until the Supreme Court says otherwise.
A federal judge in New Hampshire issued a ruling earlier this month prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit. U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed, his order went into effect.
On Wednesday, a San Francisco-based appeals court found the president’s executive order unconstitutional and affirmed a lower court’s nationwide block.
A Maryland-based judge said last week that she would do the same if an appeals court signed off.
The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.
Plaintiffs in the Boston case earlier argued that the principle of birthright citizenship is “enshrined in the Constitution,” and that Trump does not have the authority to issue the order, which they called a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.”
They also argue that Trump’s order halting automatic citizenship for babies born to people in the U.S. illegally or temporarily would cost states funding they rely on to “provide essential services” — from foster care to health care for low-income children, to “early interventions for infants, toddlers, and students with disabilities.”
At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.
|
|
|
|
|
|
|
A Virginia man accused of stockpiling bombs pleads guilty
Business Law Info |
2025/07/19 19:06
|
A Virginia man pleaded guilty Friday in a federal case that accused him of stockpiling the largest number of finished explosives in FBI history and of using then-President Joe Biden’s photo for target practice.
Brad Spafford pleaded guilty in federal court in Norfolk to possession of an unregistered short barrel rifle and possession of an unregistered destructive device, according to court documents. Each count carries a maximum sentence of 10 years in prison. His sentencing is scheduled for December.
Federal authorities said they seized about 150 pipe bombs and other homemade devices last fall at Spafford’s home in Isle of Wight County, which is northwest of Norfolk.
The investigation into Spafford began in 2023 when an informant told authorities that Spafford was stockpiling weapons and ammunition, according to court documents. The informant, a friend and member of law enforcement, told authorities that Spafford was using pictures of then-President Joe Biden for target practice and that “he believed political assassinations should be brought back,” prosecutors wrote.
Two weeks after the assassination attempt of then-presidential candidate Donald Trump in 2024, Spafford told the informant, “bro I hope the shooter doesn’t miss Kamala,” according to court documents. Former Vice President Kamala Harris had recently announced she was running for president. On around the same day, Spafford told the informant that he was pursuing a sniper qualification at the local gun range, court records stated.
Spafford stored a highly unstable explosive material in a garage freezer next to “Hot Pockets and frozen corn on the cob,” according to court documents. Investigators also said they found explosive devices in an unsecured backpack labeled “#NoLivesMatter.”
Spafford has remained in jail since his arrest last December. U.S. District Judge Arenda L. Wright Allen ruled against his release last January, writing that Spafford has “shown the capacity for extreme danger.” She also noted that Spafford lost three fingers in an accident involving homemade explosives in 2021.
Spafford had initially pleaded not guilty to the charges in January. Defense attorneys had argued at the time that Spafford, who is married and a father of two young daughters, works a steady job as a machinist and has no criminal record.
Defense attorney Jeffrey Swartz said at Spafford’s January detention hearing that investigators had gathered information on him since January 2023, during which Spafford never threatened anyone.
“And what has he done during those two years?” Swartz said. “He purchased a home. He’s raised his children. He’s in a great marriage. He has a fantastic job, and those things all still exist for him.”
Investigators, however, said they had limited knowledge of the homemade bombs until an informant visited Spafford’s home, federal prosecutors wrote in a filing.
“But once the defendant stated on a recorded wire that he had an unstable primary explosive in the freezer in October 2024, the government moved swiftly,” prosecutors wrote. |
|
|
|
|
|
|
Man charged with killing Minnesota lawmaker plans to plead not guilty
Court Feed News |
2025/07/17 02:06
|
A Minnesota man plans to plead not guilty to charges he killed the top Democratic leader in the state House and her husband after wounding another lawmaker and his wife, his attorney said.
Vance Boelter, 57, is due in federal court for his arraignment on Sept. 12 under an order issued late Tuesday, hours after a grand jury indicted him on six counts of murder, stalking and firearms violations. The murder charges could carry the federal death penalty.
At a news conference Tuesday, prosecutors released a rambling handwritten letter they say Boelter wrote to FBI Director Kash Patel in which he confessed to the June 14 shootings of Melissa Hortman and her husband Mark. However, the letter doesn’t make clear why he targeted the couples.
Boelter’s federal defender, Manny Atwal, said in an email that the weighty charges do not come as a surprise.
“The indictment starts the process of receiving discovery which will allow me to evaluate the case,” Atwal said Tuesday. She did not immediately comment Wednesday on any possible defense strategies.
At his last court appearance, Boelter said he was “looking forward to the facts about the 14th coming out.”
While the scheduling order set a trial date of Nov. 3, Atwal said it was “very unlikely” to happen so soon.
Investigators have already gathered a huge amount of evidence that both sides will need time to evaluate. The scheduling order acknowledges that both sides may find grounds for seeking extensions. And the potential for a death sentence adds yet another level of complexity.
The acting U.S. attorney for Minnesota, Joe Thompson, reiterated Tuesday that they consider the former House speaker’s death a “political assassination” and the wounding of Sen. John Hoffman an “attempted assassination.”
But Thompson told reporters a decision on whether to seek the death penalty “will not come for several months.” He said it will ultimately be up to U.S. Attorney General Pam Bondi, with input from the capital case unit at the Department of Justice, local prosecutors and the victims.
Minnesota abolished its state death penalty in 1911, but the Trump administration says it intends to be aggressive in seeking capital punishment for eligible federal crimes.
Boelter’s motivations remain murky. Friends have described him as an evangelical Christian with politically conservative views who had been struggling to find work. Boelter allegedly made lists of politicians in Minnesota and other states — all or mostly Democrats — and attorneys at national law firms. In an interview published by the New York Post on Saturday, Boelter insisted the shootings had nothing to do with his opposition to abortion or his support for President Donald Trump, but he declined to elaborate on that point.
“There is little evidence showing why he turned to political violence and extremism,” Thompson said.
Prosecutors say Boelter was disguised as a police officer and driving a fake squad car early June 14 when he went to the Hoffmans’ home in the Minneapolis suburb of Champlin. He allegedly shot the senator nine times, and his wife, Yvette, eight times, but they survived.
Boelter later allegedly went to the Hortmans’ home in nearby Brooklyn Park and killed both of them. Their dog was so gravely injured that he had to be euthanized.
Investigators found Boelter’s letter to the FBI director in the car he abandoned near his rural home in Green Isle, west of Minneapolis. He surrendered the night after the shootings following what authorities have called the largest search for a suspect in Minnesota history. |
|
|
|
|
|
|
Trump says he’s considering ‘taking away’ Rosie O’Donnell’s US citizenship
Class Action News |
2025/07/13 15:33
|
President Donald Trump says he is considering “taking away” the U.S. citizenship of a longtime rival, actress and comedian Rosie O’Donnell, despite a decades-old Supreme Court ruling that expressly prohibits such an action by the government.
“Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship,” Trump wrote in a social media post on Saturday. He added that O’Donnell, who moved to Ireland in January, should stay in Ireland “if they want her.”
The two have criticized each other publicly for years, an often bitter back-and-forth that predates Trump’s involvement in politics. In recent days, O’Donnell on social media denounced Trump and recent moves by his administration, including the signing of a massive GOP-backed tax breaks and spending cuts plan.
It’s just the latest threat by Trump to revoke the citizenship of people with whom he has publicly disagreed, most recently his former adviser and one-time ally, Elon Musk.
But O’Donnell’s situation is notably different from Musk, who was born in South Africa. O’Donnell was born in the United States and has a constitutional right to U.S. citizenship. The U.S. State Department notes on its website that U.S. citizens by birth or naturalization may relinquish U.S. nationality by taking certain steps – but only if the act is performed voluntary and with the intention of relinquishing U.S. citizenship.
Amanda Frost, a law professor at the University of Virginia School of Law, noted the Supreme Court ruled in a 1967 case that the Fourteen Amendment of the Constitution prevents the government from taking away citizenship.
“The president has no authority to take away the citizenship of a native-born U.S. citizen,” Frost said in an email Saturday. “In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”
O’Donnell moved to Ireland after Trump defeated Vice President Kamala Harris to win his second term. She has said she’s in the process of obtaining Irish citizenship based on family lineage.
Responding to Trump Saturday, O’Donnell wrote on social media that she had upset the president and “add me to the list of people who oppose him at every turn.” |
|
|
|
|
|
|
Georgia appeals court upholds ruling saying election officials must certify results
Employment Law |
2025/07/10 22:33
|
A Georgia appeals court has upheld a lower court ruling that said county election officials in the state must vote to certify results according to deadlines set in law.
Fulton County Superior Court Judge Robert McBurney had ruled in October that “no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance.” The ruling stemmed from a lawsuit filed by Republican Fulton County election board member Julie Adams, who abstained from certifying primary election results last year.
A three-judge panel of the Georgia Court of Appeals last week upheld McBurney’s ruling, saying “Adams’ contention that the trial court erred by declaring she had a mandatory duty to certify election results is without merit.”
Certification, an administrative task that involves certifying the number of votes, became a political flashpoint when President Donald Trump tried to overturn his loss to Democrat Joe Biden in the 2020 general election. Republicans in several swing states refused to certify results during primary elections last year, and some sued to try to keep from being forced to sign off on election results.
In the run-up to last year’s presidential election, Democrats and some voting rights groups worried that Trump-allied election officials could refuse to certify election results if he were to lose to then-Vice President Kamala Harris. Trump ended up beating Harris.
Georgia law says county election superintendents, which are generally multimember boards, shall certify election results by 5 p.m. on the Monday after an election, or the Tuesday after if Monday is a holiday.
McBurney had written in his order that Georgia law allows county election officials to examine whether fraud has occurred and what should be done about it. They should share any concerns with the appropriate authorities for criminal prosecution or use them to file an election challenge in court, but cannot use their concerns to justify not certifying results, the judge wrote.
The Court of Appeals opinion echoed McBurney’s ruling.
The appeals court also noted that state law limits county election officials’ review of documents to instances when the total number of votes exceeds the total number of voters or ballots and also limits the review to documents related to the relevant precinct. To the extent that McBurney’s ruling allows a more expansive review, the judges sent it back to him for reconsideration.
Texas flooding underscore the challenges Trump faces in replacing FEMA
Just weeks ago, President Donald Trump said he wanted to begin “phasing out” the Federal Emergency Management Agency after this hurricane season to “wean off of FEMA” and “bring it down to the state level.”
But after months of promises to overhaul or eliminate the federal agency charged with responding to disasters, Trump and his administration are touting a fast and robust federal response to the devastating Texas floods. In doing so, they are aligning more closely with a traditional model of disaster response — and less with the dramatic reform the president has proposed.
The president approved Texas Gov. Greg Abbott’s request for a major disaster declaration just one day after it was submitted, activating FEMA resources and unlocking assistance for survivors and local governments. Homeland Security Secretary Kristi Noem told Trump in a presidential Cabinet meeting Tuesday morning that FEMA was deploying funding and resources quickly. “We’re cutting through the paperwork of the old FEMA, streamlining it, much like your vision of how FEMA should operate,” Noem said.
Noem said the rapid delivery of funds to Texas resembled the “state block grants” model Trump has promoted. It’s an idea that would replace FEMA’s current system of reimbursing states for response and recovery expenses at a cost-share of at least 75%.
But ex-FEMA officials say it’s unclear how the response differs from FEMA’s typical role in disasters, which is to support states through coordination and funding. Instead, they say, the vigorous federal response underscores how difficult it would be for states to take on FEMA’s responsibilities if it were dismantled.
“This is a defining event that can help them realize that a Federal Emergency Management Agency is essential,” said Michael Coen, FEMA chief of staff in the Obama and Biden administrations. “Imagine if an event like this happened a year from now, after FEMA is eliminated. What would the president or secretary (Noem) offer to the governor of Texas if there is no FEMA?”
The Department of Homeland Security and FEMA did not immediately respond to questions about Noem’s remarks, including whether FEMA was doing something different in how it moved money to Texas, or why it resembled a block-grant system.
FEMA will have multiple roles in Texas
While Noem and Trump have emphasized that Texas is leading the response and recovery to the floods, that has always been FEMA’s role, said Justin Knighten, the agency’s director of external affairs during the Biden administration.
“The state is in the lead. FEMA is invited into the state to support,” Knighten said. He said that while Texas’ division of emergency management is one of the most experienced in the country, even the most capable states face catastrophes that overwhelm them: “When there’s capacity challenges and resource need, that’s where FEMA steps in.”
One of FEMA’s primary roles will be to coordinate resources from other federal agencies. If the state needs the Army Corps of Engineers to help with debris removal, Health and Human Services for mortuary support and crisis counseling, or EPA for water quality testing, FEMA arranges that at the state’s request and then reimburses those agencies. “FEMA becomes a one-point entry for all federal support,” Coen said.
The agency also coordinates first-responder support — like search-and-rescue teams deployed from across the country — and reimburses those costs. It administers the National Flood Insurance Program, which gives homeowners and renters access to flood coverage not typically included in general policies.
Those with insufficient insurance or none at all will rely heavily on FEMA’s Individual Assistance program, which supports survivors with needs like temporary housing and home repairs. On Wednesday, the agency is opening disaster recovery centers where households can get help applying for assistance, according to Texas Emergency Management Chief Nim Kidd. The Public Assistance program will reimburse state and local governments for most or all of the costs of infrastructure repairs.
States would have trouble replacing FEMA
While Trump and Noem often say they want states to take on more responsibility in disaster response, experts say the tragedy in Texas underscores how even the most capable states need support.
“It’s true that Texas is very capable, but I think it’s something that people forget that FEMA pays for a lot of state and local emergency capacity,” said Maddie Sloan, director of the disaster recovery and fair housing project at the policy nonprofit Texas Appleseed. The Texas Division of Emergency Management’s budget of over $2 billion is mostly funded through federal grants.
“If a state like Texas asks for federal assistance within two days, the smaller states that are less capable don’t stand a chance,” said Jeremy Edwards, FEMA’s deputy director of public affairs during the Biden administration.
States would have to set up their own recovery programs and to coordinate with each federal agency if they were given block grants in lieu of FEMA involvement. “Without FEMA, a governor or a state has to be calling around and have a Rolodex of the whole federal government to call and try and figure out what support they can get,” Coen said.
There are plenty of reforms that could improve how FEMA reimburses states and helps survivors, experts said, but eliminating it risks big gaps in recovery. “We have spent a lot of time encouraging FEMA to be better, but if FEMA goes away, there is no help for individual families,” Sloan said.
Uncertain future for federal disaster response
Trump has deflected questions about what the Texas response means for FEMA’s future. A 12-member review council established by the president and charged with proposing FEMA reforms will meet for the second time Wednesday. Abbott and Kidd are both on the council.
At the first meeting, Abbott called FEMA “slow and clunky” and said reforms should “streamline the effort.” He has praised Trump’s quick disaster declaration in Texas.
While no large reforms to the agency have been enacted yet, smaller policy changes could impact Texas’ recovery.
|
|
|
|
|
|
|
Recent Lawyer News Updates |
|
|
Lawyer News RSS
