executive order

Judge refuses to block Trump order to limit mail voting

A federal judge has declined to halt President Trump’s executive order creating a federal voter list and limiting mail voting, clearing the way for potential sweeping changes in how American elections are run shortly before this year’s midterm elections.

U.S. District Judge Carl Nichols, a Trump appointee in Washington, late Wednesday rejected the request by Democrats and civil rights groups that had argued Trump’s order would likely be found unconstitutional because the states and Congress, not the president, have the power to set election rules. Nichols agreed with the Republican Trump administration’s contention that it was too early to block the order because it has yet to be implemented.

Nichols’ ruling leaves the door open for further challenges when the Trump administration moves to implement the president’s directive. A separate lawsuit seeking to block the executive order is underway in Boston. No matter how rapidly the administration acts, no voting changes are expected during primary elections, which continue into next month.

“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws,” Nichols wrote. “Plaintiffs may, of course, renew their motions if and when those future actions occur. Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”

The Trump administration has yet to formally issue lists of eligible voters, and those who filed the initial request for a temporary halt said they’d be back if the administration moves in that direction.

“We are ready to resume the fight if and when the administration takes those next steps,” said Juan Proaño, chief executive officer of the League of United Latin American Citizens, one of the organizations that sought the stay from Nichols.

Trump issued the order in March after a bill he supported to overhaul voting stalled in Congress. The order would have had the federal government create a list of eligible voters and then directed the U.S. Postal Service to deliver mail ballots only to those on the list. Election officials argued it was ripe for abuse and could cause chaos, and the postal union has objected to the idea of mail carriers policing ballots.

Since his 2020 presidential election loss to Democrat Joe Biden, Trump has groundlessly claimed mail voting is rife with fraud and has launched a federal investigation into that year’s vote, even though repeated audits and investigations, including ones run by Republicans, found it was free of widespread fraud. Trump also has said he wants to “take over” election administration in Democratic areas.

Democrats and civil rights groups argued it was urgent that Nichols issue a restraining order in the midst of primary season and with states already gearing up for the fall midterm elections.

This was Trump’s second executive order seeking to overhaul elections and voting. His initial election executive order, issued just months after he took office in his second term, has been blocked by multiplefederal judges. That order sought to require documentary proof of citizenship to register to vote, among other changes.

Riccardi writes for the Associated Press.

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Trump’s proposed ‘Golden Dome’ estimated to cost $1.2 trillion, far more than he initially said

President Trump’s plan to put weapons in space — pitched as a “Golden Dome for America” missile defense program — is estimated to cost $1.2 trillion over a 20 year period, according to a new analysis from the Congressional Budget Office, a far heftier sum than the initial $175 billion price tag he gave last year.

The nonpartisan CBO report, published Tuesday, is described as an analysis that reflects “one illustrative approach rather than an estimate of a specific Administration proposal.”

The futuristic system was ordered by Trump in an executive order during his first week in office. He said then that he expected the system to be “fully operational before the end of my term,” which wraps up in January 2029.

“Over the past 40 years, rather than lessening, the threat from next-generation strategic weapons has become more intense and complex with the development by peer and near-peer adversaries of next-generation delivery systems,” Trump said in his executive order, justifying the need for the missile defense system.

The CBO’s estimates are in part based on a lack of details from the Defense Department about what and how many systems will be deployed, “making it impossible to estimate the long term cost” of the Golden Dome system, the report says.

The concept for the missile system is at least partly inspired by Israel’s multitiered defenses, often collectively referred to as the “Iron Dome,” which played a key role in defending it from rocket and missile fire from Iran and allied militant groups as it prosecutes the war on Iran alongside the U.S.

The U.S. Golden Dome is envisioned to include ground and space-based capabilities able to detect, intercept and stop missiles at all major stages of a potential attack.

Congress has already approved roughly $24 billion for the missile defense initiative through Republicans’ massive tax and spending measure signed into law last summer.

Sen. Jeff Merkley, D-OR, who requested the estimate from the CBO, said in response to the report that the missile defense project is “nothing more than a massive giveaway to defense contractors paid for entirely by working Americans.”

Last May, the president said the Golden Dome would cost $175 billion. The CBO last year estimated that just the space-based components of the Golden Dome could cost as much as $542 billion over the next 20 years.

Hussein writes for the Associated Press.

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Will Trump’s reclassifying of medical marijuana have any effect on criminal justice reform?

The Trump administration’s historic move to reclassify state-licensed medical marijuana as a less-dangerous drug was cheered by some advocates but for others, it fell far short for the thousands still incarcerated on federal cannabis-related convictions.

The executive order, which acting Atty. Gen. Todd Blanche signed Thursday, does not address current penalties for possessing and selling marijuana or those jailed with yearslong sentences.

“While this is a victory, the fight is far from over,” said Jason Ortiz, director of strategic initiatives for the Last Prisoner Project, a nonprofit focused on cannabis criminal justice reform.

Proponents of legalizing marijuana as well as overhauling prison sentencing say this order, which does not completely decriminalize the drug, benefits only cannabis researchers, growers and others in Big Weed. Meanwhile, thousands — many of whom are people of color — are stuck serving harsh sentences for marijuana-related offenses. Or they have served their time but having a conviction on their record has made life difficult.

Now, advocates are calling on Congress and state lawmakers to take concrete steps to ensure those with marijuana-related convictions receive fair treatment or be forgiven altogether.

Prisoners and their families look for hope

Blanche’s order reclassifies state-licensed medical marijuana as a less-dangerous drug. The major policy shift, which both Presidents Obama and Joe Biden had considered, means cannabis won’t be grouped with drugs like heroin.

But it does not legalize marijuana for medical or recreational use. It shifts licensed medical marijuana from Schedule I — reserved for drugs without medical use and with high potential for abuse — to the less strictly regulated Schedule III. This will likely give licensed medical marijuana operators and cannabis researchers a major tax break and less stringent barriers to doing normal business.

Virtually no one imprisoned at the federal level is there solely for marijuana possession. But many are there for large-scale possession, trafficking offenses or both.

Hector Ruben McGurk, 66, has been serving life without the possibility of parole since 2007 for transporting thousands of pounds of marijuana and money laundering. He is currently imprisoned in Beaumont, Texas, over 800 miles from his son’s El Paso home. His incarceration has been hard on his son, said McGurk’s daughter-in-law, Ferna Anguiano. And the distance makes visits logistically difficult.

So it’s tempting to see this order as a glimmer of hope, given that the family believes McGurk’s punishment far outweighs his crimes. But Anguiano has no idea how to navigate lobbying for his release.

“His release date is death,” Anguiano said. “I mean, we see all this stuff on the news — bigger cases, fatal cases — and people are going in and out of prison and coming out to their families.”

They try to keep in touch through phone calls and a prison texting service. They’re concerned about McGurk’s health and his diabetes management. It would be a dream come true for him to come home.

“He deserves a second chance,” Anguiano said. “Yes, it was a poor decision he did in his lifetime. He was younger. But he is not a bad person. I think it’s fair to say he has served enough time for it.”

It’s not clear whether punishments would be different had marijuana always been scheduled differently, drug policy experts say.

“In addition to schedule-specific penalties, there are marijuana-specific penalties that have nothing to do with the schedule,” said Cat Packer, director of drug markets and legal regulation at the nonprofit Drug Policy Alliance. “Even if marijuana were to be moved to Schedule V, those criminal penalties would still exist and there are mandatory minimums for simple possession.”

Racial disparities exist in convictions and Big Weed

Destigmatizing marijuana has long been an issue for both political parties. Obama commuted the sentences of about 1,900 federal prisoners, almost all of whom were incarcerated for nonviolent drug crimes. Biden pardoned 6,500 people convicted of use and simple possession of marijuana on federal lands and in the District of Columbia. President Trump’s administration has taken far fewer drug clemency actions and does not have an overarching policy directing such actions.

“What many people on the right and the left would like is to move marijuana from this ‘just as bad as heroin’ category and to just sort of de-schedule it entirely,” said Marta Nelson, director of sentencing reform at the Vera Institute of Justice. “Regulate it like you do alcohol or tobacco.”

Studies show Black Americans are roughly 3.7 to 4 times more likely to be arrested for marijuana possession than white Americans, despite usage rates being roughly the same across racial groups. Federal-level marijuana cases are pretty small today, but those serving sentences for federal drug offenses are overwhelmingly Hispanic and Black, according to Justice Department and Bureau of Justice Statistics data.

The racial disparity with drug convictions is reminiscent of 2010 legislation Obama signed reducing the gap between mandatory sentences for crack cocaine versus powder cocaine. In 2018, Trump made it apply retroactively.

Because business owners with state medical marijuana licenses are predominantly white, the tax relief created by the rescheduling will also likely give a leg up to mostly white businesses, Packer said. A lot of equity programs won’t apply.

“This is going to, in my mind, widen the gap, the financial disparities, the business disparities that currently exist between Black and brown, Latino and white owners in the cannabis industry because licenses were not distributed equitably,” Packer said.

Possible next steps for marijuana convictions

In theory, Trump could issue a blanket pardon like he did for Jan. 6 rioters. But Nelson thinks that is highly doubtful.

“Having marijuana convictions on the record for things like mass immigration enforcement is helpful to the administration,” Nelson said.

An impactful next step would be for Congress to outline very comprehensive legislation addressing existing marijuana-related convictions, expungements and industry regulations, she added.

The Last Prisoner Project and other organizations are planning to renew a dialogue with federal lawmakers, including the Congressional Cannabis Caucus, which includes Democratic Rep. Ilhan Omar of Minnesota and Republican Rep. David Joyce of Ohio. They will also continue to lobby for Trump to conduct a large-scale act of commutation and clemency.

Advocates are also hoping Trump’s order will prompt every state to rethink their marijuana classification and penalties.

“It is imperative that every state review their situation, as a lot of their controlled substances at the state level are tied to the federal government,” Ortiz said. “We’re gonna see other states that are going to need a little help from the public to remind them what the right thing to do is.”

Tang writes for the Associated Press.

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Appeals court says Trump’s asylum ban at the border is illegal, agreeing with lower court

An appeals court on Friday blocked President Trump’s executive order suspending asylum access, a key pillar of the Republican president’s plan to crack down on migration at the southern border of the U.S.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can’t circumvent that.

The panel concluded that the Immigration and Nationality Act doesn’t authorize the president to remove the plaintiffs under “procedures of his own making,” allow him to suspend plaintiffs’ right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.

“The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA’s mandatory process to summarily remove foreign individuals,” wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Biden.

The White House didn’t immediately respond to a request for comment.

ACLU attorney Lee Gelernt said in a statement that the appellate ruling is “essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration’s unlawful and inhumane executive order.”

Judge Justin Walker, a Trump nominee, wrote a partial dissent. He said the law gives immigrants protections against removal to countries where they would be persecuted, but the administration can issue broad denials of asylum applications.

Walker, however, agreed with the majority that the president cannot deport migrants to countries where they will be persecuted or strip them of mandatory procedures that protect against their removal.

Judge Cornelia Pillard, who was nominated by Democratic President Obama, also heard the case.

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U.S. weighs plan to send Afghans who helped with war effort from Qatar to a third country

The Trump administration is in discussions to potentially send more than 1,000 Afghans who assisted America’s war effort and relatives of U.S. service members stuck in Qatar to a third country, the U.S. government and some advocates said. Congo is an option, the advocates said.

Shawn VanDiver, a Navy veteran who heads a coalition that supports Afghan resettlement efforts called #AfghanEvac, said Wednesday that U.S. officials informed him and other groups of discussions between the United States and Congo about taking the Afghan refugees who have been in limbo at a U.S. base in Doha for the last year.

The 1,100 refugees at Camp As-Sayliyah include Afghans who served as interpreters and with Special Operations Forces as well as the immediate families of more than 150 active-duty U.S. military members.

The State Department said Wednesday that it is working to identify options to “voluntarily” resettle the refugees in a third country, but it did not confirm which nations were being discussed.

An alternative provided to the refugees, VanDiver said, is to return to Afghanistan, where they face likely reprisal or even death at the hands of the Taliban for working alongside the U.S. during the two-decade war.

“You cannot call a choice voluntary when the two options are Congo and the Taliban, civil war or an oppressor who wants to kill you,” VanDiver said at a virtual news conference. “That is not a choice. That is a confession extracted under duress.”

The discussions — which were reported earlier by the New York Times — come more than a year after President Trump paused his predecessor’s Afghan resettlement program as part of a series of executive orders cracking down on immigration.

That policy left thousands of refugees who fled war and persecution, and had gone through a sometimes years-long vetting process to start new lives in America, stranded at places worldwide, including the base in Qatar.

From one war-torn country to another

Negotiations between the U.S. and several other countries, including Botswana and Malaysia, started months ago, according to an executive at a refugee resettlement agency who was briefed by U.S. officials. The executive, who spoke on condition of anonymity to share private negotiations, said that Botswana was seen by many refugee advocates as the most promising option but that talks between senior U.S. officials and the country’s leadership fell through. In early April, the executive was briefed that Congo was now the main option being discussed.

A person familiar with the matter who was not authorized to comment publicly and spoke on condition of anonymity said they had heard from State Department personnel that the U.S. was looking at sending the Afghans at the base in Qatar to countries in sub-Saharan Africa. The person said the Afghans were told Wednesday that there was no final deal on where to send them.

The base in Doha “was always intended as a transit platform. It was never designed to hold families for months or years, which is the situation that people are currently in,” said Jon Finer, who was deputy national security advisor to then-President Biden. “What I want to emphasize is that this was intended to honor a wartime commitment.”

Finer and other former U.S. officials and refugee advocates warned of the risk of resettling Afghans in Congo, a country that U.N. officials say is facing “one of the most acute humanitarian emergencies in the world.”

The African country has been battered by decades-long fighting between government forces and Rwanda-backed rebels in its eastern region.

Congolese authorities did not immediately respond to AP’s request for comment on the discussions, which did not come as a surprise to some there. Congo is one of at least eight African nations that were paid millions in controversial deals with the Trump administration to receive migrants deported from the U.S. to countries other than their own.

Like most other African nations involved in the deportation program, Congo is also among the worst-hit by the Trump administration’s policies on aid and trade. At least 70% of the country’s humanitarian aid came from the U.S. before Trump’s second term, and aid workers say American aid cuts have led to avoidable deaths in the conflict-hit region.

Sean Jamshidi — an Afghan American who served in the U.S. military, including a stint in Congo — said he was deeply concerned about his brother possibly being sent from the Doha base to the war-torn country.

“I saw the security situation and what it looked like there. I saw the displacement camps. … I stood in places where the United Nations has counted the dead,” Jamshidi said. “I’m telling you, as someone who has been in uniform, the Democratic Republic of the Congo is not a place you send vetted Afghan allies and their children to live.”

Refugees are in the dark as they await their fate

Negina Khalili, a former prosecutor in Afghanistan who fled during the 2021 U.S. withdrawal, has been waiting to hear about the resettlement status of her father, brother and stepmother since they arrived at the Doha base in January 2025. That was just days before Trump suspended the refugee program soon after he returned to the White House.

Khalili told the Associated Press on Wednesday that she spoke to her family about reports that they could be sent to Congo.

“They are not giving them any information or updates regarding which countries they will go to,” she said. “They were so stressed and worried about it and said that Congo is not a safe place either. They don’t know if it’s a temporary location for them there or a permanent location. They are worried.”

She said U.S. officials at the camp have been suggesting to refugees that they go back to Afghanistan and offering them money to do so.

Amiri, Santana and Asadu write for the Associated Press. Amiri reported from New York and Asadu from Abuja, Nigeria. AP writer Matthew Lee contributed to this report.

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