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Yahoo
an hour ago
- Yahoo
Kilmar Abrego Garcia's attorneys move to dismiss criminal case
Kilmar Abrego Garcia's attorneys accused federal prosecutors on Tuesday of "vindictive and selective prosecution" in a motion seeking to dismiss the criminal charges against him. Abrego Garcia could be released from Tennessee criminal custody on Friday, when U.S. Magistrate Judge Barbara Holmes's temporary stay is set to expire. This comes after a separate judge ruled last month that Abrego Garcia must be returned to Maryland if he is released. In the 25-page filing, Abrego Garcia's attorneys argued that the government charged him "because he refused to acquiesce in the government's violation of his due process rights." MORE: Justice Department investigating 2022 Abrego Garcia traffic stop: Sources "Kilmar Abrego Garcia has been singled out by the United States government," his attorneys said. The Salvadoran native was deported in March to El Salvador's CECOT mega-prison -- despite a 2019 court order barring his deportation due to fear of persecution -- after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies. He was brought back to the U.S. in May to face charges in Tennessee of allegedly transporting undocumented migrants. In the filing on Tuesday, the attorneys said that Abrego Garcia was "sent on his way without so much as a traffic ticket" after the Tennessee Highway Patrol stopped their client in 2022. "Yet three years later, unrelatedly, the government picked Mr. Abrego up off the street—along with others with similar immigration status—as part of a shock-and-awe immigration enforcement push," they said. MORE: Timeline: Wrongful deportation of Kilmar Abrego Garcia to El Salvador After Abrego Garcia's wrongful removal, the attorneys said the government "responded not with contrition, or with any effort to fix its mistake, but with defiance." "A group of the most senior officials in the United States sought vengeance: they began a public campaign to punish Mr. Abrego for daring to fight back, culminating in the criminal investigation that led to the charges in this case," they said. Abrego Garcia's attorneys said in their filing the government is using the criminal case to punish their client for "successfully fighting his unlawful removal." "That is a constitutional violation of the most basic sort," they said. "The indictment must be dismissed." Solve the daily Crossword
Associated Press
5 hours ago
- Associated Press
Feds move to restrict funding for Virginia schools, punishing support for transgender students
The Trump administration appears to be following through on its threat to withhold federal funds from public schools in Northern Virginia after they refused to roll back policies that support transgender and gender non-conforming students. The U.S. Education Department announced Tuesday that it has placed Fairfax County Public Schools and the school systems in Arlington, Alexandria, Prince William and Loudoun on 'high-risk status,' a move that it claims lets it attach specific conditions for releasing funding. Arguing that the schools are violating federal civil rights laws by accommodating students based on their gender identity, rather than their sex assigned at birth, the department says it will require the districts to pay their expenses upfront and then request reimbursement in order to receive over $50 million in grants and other funding. The department said it's also 'commencing administrative proceedings seeking suspension or termination of federal financial assistance.' 'States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny,' Secretary of Education Linda McMahon said in a press release. 'The Northern Viriginia (sic) School Divisions that are choosing to abide by woke gender ideology in place of federal law must now prove they are using every single federal dollar for a legal purpose.' Responding to a complaint filed by the right-wing group American First Legal, the Education Department's Office of Civil Rights (OCR) contends that, by letting transgender students use bathrooms and locker rooms that match their gender identity, FCPS and the four other school districts are violating Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in educational programs that receive federal funds. Facing an Aug. 15 deadline to accept an agreement that would require them to rescind their existing policies, the schools all announced last week that they will instead continue to accommodate students based on their gender identity, asserting that those supports are crucial to creating an inclusive, safe environment for all and consistent with both state law and previous court rulings. Under Republican Gov. Glenn Youngkin, the Virginia Department of Education issued 'model' policies in 2023 recommending that schools recognize students' legal sex as shown on their birth certificate that FCPS declined to adopt. In addition, the Virginia High School League banned transgender girls from competing in girls' sports earlier this year in response to an executive order by President Donald Trump. A petition calling for transgender women and girls to be prohibited from entering female-only 'private spaces' and athletic competitions statewide was advanced on Monday by the Virginia State Board of Health. However, the Virginia Human Rights Act includes gender identity among the characteristics protected from discrimination, including in 'educational institutions.' In her statement on Friday, FCPS Superintendent Michelle Reid requested that the Education Department pause any further actions until the issue of how Title IX relates to transgender students is 'clarified by the courts.' Though the U.S. Supreme Court hasn't weighed in on bathroom policies, the justices have agreed to hear two cases on the right of transgender female athletes to compete on women's teams later this year. According to Reid, FCPS has up to $160 million in federal funding hanging in the balance. While it's unclear which funds are being targeted by the Education Department's new reimbursement conditions, FCPS counts on federal money to support free and reduced-price student meals, special education, workforce development and other programs. In a new statement shared Tuesday night, FCPS said it received OCR's notification of its 'high-risk status' just after 4 p.m. and is now reviewing the letter. 'We are reviewing OCR's current letter in detail and will respond after we have completed our review. While this matter is pending, FCPS policies and regulations will continue to stay aligned with Virginia law and the rulings of the federal Court of Appeals for the Fourth Circuit. 'FCPS remains dedicated to creating a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations. 'We look forward to continuing our strong start to our school year, resolute in our commitment to academic excellence and opportunity for each and every student in a safe and welcoming environment.' FCPS adopted its regulations allowing students to use facilities, participate in programs and be identified based on their gender identity in October 2020. According to the county's most recent youth survey, which was conducted among eighth, 10th and 12th-grade students in 2023, only 2.3% of respondents, or 595 students, identified as transgender, though another 1.7% or 453 students said they were unsure. Separately, there were 427 respondents, or 1.6%, who identified as nonbinary. ___ This story was originally published by FFXnow and distributed through a partnership with The Associated Press.
Washington Post
5 hours ago
- Washington Post
Feds move to restrict funding for Virginia schools, punishing support for transgender students
The Trump administration appears to be following through on its threat to withhold federal funds from public schools in Northern Virginia after they refused to roll back policies that support transgender and gender non-conforming students. The U.S. Education Department announced Tuesday that it has placed Fairfax County Public Schools and the school systems in Arlington, Alexandria , Prince William and Loudoun on 'high-risk status,' a move that it claims lets it attach specific conditions for releasing funding. Arguing that the schools are violating federal civil rights laws by accommodating students based on their gender identity, rather than their sex assigned at birth, the department says it will require the districts to pay their expenses upfront and then request reimbursement in order to receive over $50 million in grants and other funding. The department said it's also 'commencing administrative proceedings seeking suspension or termination of federal financial assistance.' 'States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny,' Secretary of Education Linda McMahon said in a press release. 'The Northern Viriginia (sic) School Divisions that are choosing to abide by woke gender ideology in place of federal law must now prove they are using every single federal dollar for a legal purpose.' Responding to a complaint filed by the right-wing group American First Legal, the Education Department's Office of Civil Rights (OCR) contends that, by letting transgender students use bathrooms and locker rooms that match their gender identity, FCPS and the four other school districts are violating Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in educational programs that receive federal funds. Facing an Aug. 15 deadline to accept an agreement that would require them to rescind their existing policies, the schools all announced last week that they will instead continue to accommodate students based on their gender identity, asserting that those supports are crucial to creating an inclusive, safe environment for all and consistent with both state law and previous court rulings . Under Republican Gov. Glenn Youngkin, the Virginia Department of Education issued 'model' policies in 2023 recommending that schools recognize students' legal sex as shown on their birth certificate that FCPS declined to adopt . In addition, the Virginia High School League banned transgender girls from competing in girls' sports earlier this year in response to an executive order by President Donald Trump. A petition calling for transgender women and girls to be prohibited from entering female-only 'private spaces' and athletic competitions statewide was advanced on Monday by the Virginia State Board of Health. However, the Virginia Human Rights Act includes gender identity among the characteristics protected from discrimination, including in 'educational institutions.' In her statement on Friday, FCPS Superintendent Michelle Reid requested that the Education Department pause any further actions until the issue of how Title IX relates to transgender students is 'clarified by the courts.' Though the U.S. Supreme Court hasn't weighed in on bathroom policies, the justices have agreed to hear two cases on the right of transgender female athletes to compete on women's teams later this year. According to Reid, FCPS has up to $160 million in federal funding hanging in the balance. While it's unclear which funds are being targeted by the Education Department's new reimbursement conditions, FCPS counts on federal money to support free and reduced-price student meals, special education, workforce development and other programs. In a new statement shared Tuesday night, FCPS said it received OCR's notification of its 'high-risk status' just after 4 p.m. and is now reviewing the letter. 'We are reviewing OCR's current letter in detail and will respond after we have completed our review. While this matter is pending, FCPS policies and regulations will continue to stay aligned with Virginia law and the rulings of the federal Court of Appeals for the Fourth Circuit. 'FCPS remains dedicated to creating a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations. 'We look forward to continuing our strong start to our school year, resolute in our commitment to academic excellence and opportunity for each and every student in a safe and welcoming environment.' FCPS adopted its regulations allowing students to use facilities, participate in programs and be identified based on their gender identity in October 2020. According to the county's most recent youth survey , which was conducted among eighth, 10th and 12th-grade students in 2023, only 2.3% of respondents, or 595 students, identified as transgender, though another 1.7% or 453 students said they were unsure. Separately, there were 427 respondents, or 1.6%, who identified as nonbinary. ___ This story was originally published by FFXnow and distributed through a partnership with The Associated Press.
