logo
Judge weighs reality of Trump ‘ideological' deportation policy as activists crackdown trial ends

Judge weighs reality of Trump ‘ideological' deportation policy as activists crackdown trial ends

The Hill4 days ago
A federal judge on Monday questioned the true nature of the Trump administration's crackdown on pro-Palestinian campus activists during closing arguments of a bench trial over the controversial arrests.
U.S. District Judge William Young, an appointee of former President Reagan, must determine whether the so-called 'ideological deportation policy' exists, such that the administration singled out campus activists critical of Israel's war in Gaza unlawfully.
The plaintiffs, who make up several university associations, argued that the administration's policy is to revoke the visas and green cards of noncitizens based on their pro-Palestinian advocacy in aim of chilling speech.
'It is stifling dissent, your honor,' said Alexandra Conlon, a lawyer for the plaintiffs. 'That's the goal.'
But the Justice Department called the suggestion 'silly,' contending that the trial evidence demonstrated no such policy exists.
'This policy is a product of the imagination and creative conjuring of the plaintiffs,' said DOJ lawyer William Kanellis.
The arguments cap a roughly two-week trial over the crackdown, namely the arrests of and efforts to deport foreign-born students and faculty members linked to campus demonstrations. It was the first major trial of President Trump's second administration.
Across several days, green card-holding professors at U.S. universities took the stand to testify that the high-profile arrests of outspoken students, like former Columbia University pro-Palestinian activist Mahmoud Khalil and Tufts student Rümeysa Öztürk, made them fearful and stifled their speech.
On Monday, Conlon argued that was the administration's goal. She referenced statements made by Trump and other officials lauding the arrests and said they were 'designed to terrorize' those who share the views of those who were arrested.
She also pointed to testimony from a senior Homeland Security Investigations (HSI), official that 'most' names his team was directed to investigate in March came from Canary Mission, a pro-Israel online blacklist that is anonymously run.
The site has been accused of doxxing people protesting Israel's war with Palestinian militant group Hamas but describes its mission as documenting individuals and organizations 'that promote hatred of the USA, Israel and Jews on North American college campuses and beyond.' Conlon called the group 'extremist.'
'The fact that's the pool of people the government started with shows you what the point of this policy was,' she said.
Young questioned whether the trial evidence showed Canary Mission is 'extremist' and said it seems 'perfectly appropriate' for the government to take leads from any source, noting that leads frequently come from a 'wrongdoer' or 'rival gang.'
But Conlon said those leads relate to alleged lawbreaking, where here, the leads amount only to criticism of Israel or the U.S.
'That's how you end up with someone like Ms. Ozturk being described as pro-Hamas,' she added, a reference to the student's arrest being publicly linked only to an op-ed urging her university's divestment from Israel.
Secretary of State Marco Rubio deemed several of the campus demonstrators threats to the nation's foreign policy, invoking a statute that makes deportable any noncitizen whose 'presence and activities in the United States' is thought to have 'potentially serious adverse foreign policy consequences.'
In a memo explaining the apparent threat posed by Khalil, Rubio cited the student's beliefs as justification for his deportation.
Young later expressed having 'trouble' with the apparent policy. Without making any formal findings, he said it seems to him that the new administration is implementing new foreign policy within the existing legal framework – efforts that fall squarely within executive powers.
The Justice Department argued that's exactly right. Ethan Kanter, another DOJ lawyer, said that noncitizens do not have equivalent rights under the First Amendment. The nature of those rights are 'context dependent' and tied to 'competing government interests in play.'
'That is what these cases demonstrate,' Kanter said, though noting that the judge does not have to rule on that matter to decide the case in the government's favor.
Young zeroed in on Immigration and Customs Enforcement (ICE)'s use of masks as a cause of concern, saying he's not aware of any other law enforcement agencies in the U.S. that allow the practice.
He signaled disbelief in the government's contention that the agents were protecting their identities, instead suggesting that the 'common sense' interpretation might be that their objective is to 'spread fear.'
'Perhaps they're afraid what they're being called upon to do is of concern,' the judge said.
Kanter rejected that notion, asserting that those decisions came down to the 'judgment, experience and operational needs' of individual agents.
Kanellis, the other DOJ lawyer, compared the plaintiffs' case to the fictional Don Quixote's fight with windmills.
In the story, Quixote sees windmills and believes they are giants. He's flung off his horse while riding to 'fight' them and does not believe his squire who notes they are windmills, not giants, insisting they were changed.
'Plaintiffs in this case imagine lawful standards amount to some grand government conspiracy,' Kanellis said, adding the challengers have been 'knocked off their horse.'
But Young said another historical reference better befits the case.
He described King Henry II of England asking his court to rid him of a 'troublesome priest.' Two knights went out to 'hack down' the bishop. The president, Young said, has likewise raised various concerns about campus protests.
'He doesn't have errant knights, but he's got Stephen Miller,' the judge said, referencing the top White House adviser.
Young said he will issue a written ruling deciding the case but gave no indication of when it can be expected.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Donald Trump Says His Supreme Court Win Helps Obama—'He Owes Me Big'
Donald Trump Says His Supreme Court Win Helps Obama—'He Owes Me Big'

Newsweek

time5 minutes ago

  • Newsweek

Donald Trump Says His Supreme Court Win Helps Obama—'He Owes Me Big'

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. President Donald Trump says former President Barack Obama "owes" him "big" after a Supreme Court ruling in 2024 on presidential immunity. Newsweek reached out to the office of Barack and Michelle Obama via online form Friday for comment. Why It Matters The president and former president have been in a public feud this week after Trump accused Obama and his team of committing "treason," alleging the former president manufactured intelligence regarding Russian interference in the 2016 presidential election. Obama's office responded to the accusation in a rare statement, saying in part, "Nothing in the document issued last week undercuts the widely accepted conclusion that Russia worked to influence the 2016 presidential election but did not successfully manipulate any votes," Obama's spokesperson Patrick Rodenbush said. "These findings were affirmed in a 2020 report by the bipartisan Senate Intelligence Committee, led by then-Chairman Marco Rubio." The Supreme Court's ruling last year on presidential immunity has broadened the limits of legal protection for presidents, both sitting and former, in relation to their official acts. The decision has had immediate effects on ongoing legal cases involving Trump and has sparked debate about its far-reaching implications. What To Know When asked by a reporter if the Supreme Court ruling would benefit Obama and cover what Trump is accusing him of, the president responded, "It probably helps him a lot. Probably helps him a lot, the immunity ruling, but it doesn't help the people around him at all." The president added, "But it probably helps him a lot ... he's done criminal acts, no question about it. But he has immunity, and it probably helps him a lot." Trump then concluded by saying, "He owes me big, Obama owes me big." On July 1, 2024, the High Court ruled 6-3 that presidents enjoy absolute immunity from criminal prosecution for their "core" constitutional acts while in office. The ruling stemmed from criminal charges against Trump related to his actions during and following the 2020 presidential election. Chief Justice John Roberts wrote that this immunity is essential for the executive branch's independence, and even former presidents are entitled to a presumption of immunity for official acts. President Donald Trump can be seen calling on a reporter during a meeting with Philippine President Ferdinand Marcos Jr. in the Oval Office at the White House on July 22 in Washington, D.C. (Photo by... President Donald Trump can be seen calling on a reporter during a meeting with Philippine President Ferdinand Marcos Jr. in the Oval Office at the White House on July 22 in Washington, D.C. (Photo by) More What People Are Saying Roberts, in the ruling: "It is these enduring principles that guide our decision in this case. The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President's conduct in carrying out the responsibilities of the Executive Branch under the Constitution." Roberts continued: "And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party." What Happens Next For future presidents of both parties, the immunity standard is likely to serve as binding precedent, making it harder to hold a president criminally liable for actions deemed official. Although Trump signaled that the ruling protects Obama, there is no current investigation that has been announced by the Department of Justice into Obama or his administration over actions during the 2016 election.

Trump admin hunts down 13K migrant kids after Biden admin lost track of 320K: ‘Children are being saved'
Trump admin hunts down 13K migrant kids after Biden admin lost track of 320K: ‘Children are being saved'

New York Post

time6 minutes ago

  • New York Post

Trump admin hunts down 13K migrant kids after Biden admin lost track of 320K: ‘Children are being saved'

The Trump administration has located and rescued more than 13,000 migrant children who crossed the border without parents — after more than 320,000 kids were lost under the Biden administration, The Post has learned. The tough-on-immigration admin has also collared hundreds of migrant sponsors who are accused of committing disturbing crimes or abusing the children in their care. In one frightening case, Immigration and Customs Enforcement (ICE) agents in Newark arrested a sponsor who was found to be a Guatemalan fugitive wanted for two counts of attempted aggravated homicide in his home country. Advertisement Adelso Garcia Martinez, 29, was busted on May 13. 'It is deplorable to imagine that a wanted fugitive would find illegal shelter in the United States with a child in tow and later go on to sponsor another alien,' ICE HSI Newark Special Agent in Charge Ricky Patel said after the arrest. 3 ICE agents in Newark arrested a Guatemalan unaccompanied alien child sponsor wanted overseas for attempted aggravated homicide. ICE A shocking report released in August found that the Biden-Harris administration lost track of more than 320,000 migrant children who crossed the US-Mexico border alone. Advertisement The unaccompanied migrants were released into the US without future immigration court dates — meaning there is no way to track their whereabouts — or they failed to show up to court. Thousands of the kids were also released to sponsors who were poorly vetted, meaning the vulnerable minors were put at risk of sex trafficking, forced labor, and other forms of exploitation, the Homeland Security Inspector General's report said. In February, President Trump's Department of Health and Human Services announced it was launching an investigation into the troubling number of cases of unaccompanied migrant children who may have ended up in the hands of sexual predators and human traffickers because of lax vetting policies. Advertisement 'Children are being saved,' a Trump administration official told The Post of the effort to locate the kids lost under the previous administration. 3 Migrant group, including women and children, crossing the US border. Toby Canham for NY Post In another sickening case, a 15-year-old girl was rescued in New York after an Ecuadorian man impregnated her and then had his mother sponsor her so they could live together, the Department of Homeland Security told The Post. The sicko, who was not named, had been in a relationship with the child since she was 13 years old and had impregnated her before she crossed the southern border unaccompanied, the agency said. Advertisement His mom sponsored the teen in Harlem, where the trio lived together. Homeland Security agents in New York arrested the child predator on May 28. An HHS source told NewsNation that under the Trump admin, ICE had arrested 422 sponsors who are accused of abusing the minors in their care, or of other crimes. 3 Migrants sleeping in an El Paso shelter. James Breeden/Shutterstock for NY Post 'By leaving our borders open and even encouraging people to come here illegally, Biden enabled the largest human-trafficking operation in modern history,' Homeland Security Secretary Kristi Noem said in a statement to The Post on Friday. 'We have a once-in-a-generation opportunity to eradicate human trafficking operations targeting the United States. Under the leadership of President Donald Trump, and working together at every level of government, we can win this fight. And we will,' she added. Child migrants who cross the border illegally without parents are apprehended by border agents and handed off to HHS, which helps them locate their US sponsors. Sponsors of migrant minors don't have to be family members. The rescued migrant children are either reunited with their families in their home countries or are placed into HHS foster care, sources told The Post. Advertisement President Trump's 'border czar' Tom Homan also recently detailed some of the upsetting cases involving kids on Miranda Devine's 'Pod Force One' podcast. 'We rescued victims of sex trafficking [and] two weeks ago, we rescued a 14-year-old that was already pregnant, living with adult men,' he said. 'We rescued some victims of forced labor. We found children working on ranches and chicken farms, not going to school, but enslaved labor in the United States of America,' he continued. 'Some of the children we found [were] perfectly fine with their families … They just didn't respond to call-ins [because they] didn't want to face the consequences of immigration court.' Advertisement Even after receiving briefings on the horrific cases involving migrant minors, the Biden admin allegedly took 'no meaningful steps' to address the issue, according to the Homeland Security Inspector General's report.

Venezuelan baseball team denied visas into U.S., Little League International says
Venezuelan baseball team denied visas into U.S., Little League International says

Los Angeles Times

time6 minutes ago

  • Los Angeles Times

Venezuelan baseball team denied visas into U.S., Little League International says

A Venezuelan baseball team was denied visas into the United States and will miss this year's Senior Baseball World Series, Little League International confirmed Friday. The Cacique Mara team, from Maracaibo, Venezuela, was scheduled to participate in the tournament after winning the Latin American championship in Mexico. 'The Cacique Mara Little League team from Venezuela was unfortunately unable to obtain the appropriate visas to travel to the Senior League Baseball World Series,' Little League International said in a statement, adding that it is 'extremely disappointing, especially to these young athletes.' The Venezuelan team traveled to Colombia two weeks ago to apply for their visas at the U.S. embassy in Bogotá. The embassy did not immediately respond to an Associated Press request for comment. 'It is a mockery on the part of Little League to keep us here in Bogotá with the hope that our children can fulfill their dreams of participating in a world championship,' the team said in a statement. 'What do we do with so much injustice, what do we do with the pain that was caused to our children?' Venezuela is among a list of countries with restrictions for entering the U.S. or its territories. President Donald Trump has banned travel to the U.S. from 12 other countries, citing national security concerns. Earlier in the month, the Cuban women's volleyball team was denied visas to participate in a tournament in Puerto Rico. 'They told us that Venezuela is on a list because Trump says Venezuelans are a threat to the security of his state, of his country,' said Kendrick Gutiérrez, the league's president in Venezuela. 'It hasn't been easy the situation; we earned the right to represent Latin America in the World Championship.' The Senior League Baseball World Series, a tournament for players aged 13-16, is played each year in Easley, South Carolina. It begins Saturday. The tournament organizers replaced the Venezuelans with the Santa Maria de Aguayo team from Tamaulipas, Mexico, the team that was a runner-up in the Latin American championship. 'I think this is the first time this has happened, but it shouldn't end this way. They're going to replace us with another team because relations have been severed; it's not fair,' Gutiérrez added. 'I don't understand why they put Mexico in at the last minute and left Venezuela out.' Rodriguez writes for the Associated Press.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store