federal judge

MINNEAPOLIS — A federal judge has blocked an attempt by the Trump administration to subpoena Minnesota Gov. Tim Walz and other state officials, calling it an effort to “harass and retaliate against them.”

In a ruling unsealed Monday, U.S. District Judge Patrick Schlitz found the “dominant purpose” of the subpoenas was to “coerce Minnesota officials into assisting the federal government with enforcing civil immigration law and to harass and retaliate against them for failing to do so.”

The subpoenas were served in January as part of an investigation into whether Walz and other officials obstructed or impeded law enforcement during a sweeping immigration operation in the Minneapolis-St. Paul area.

The subpoenas, which seek records, were sent to the offices of Walz, Atty. Gen. Keith Ellison, Minneapolis Mayor Jacob Frey, St. Paul Mayor Kaohly Her and officials in Ramsey and Hennepin counties.

The judge ruled that there appeared to be “extremely weak to nonexistent” connections between the information sought in the subpoenas and any possible criminal violation. The subpoenas seek materials “that largely if not entirely relate to constitutionally protected conduct,” the judge wrote, noting that Minnesota has the legal right not to devote its resources to enforcing federal immigration law.

The Justice Department “is not conducting a criminal investigation,” the judge wrote, “but is instead using the grand jury process for other (unlawful) purposes.”

The evidence that the subpoenas were issued for unlawful reasons is overwhelming, the judge said, arguing that the Justice Department “has struggled — without success — to identify a single plausible investigatory justification” for them.

Walz, in a statement, called the ruling “a victory for the rule of law and our democracy.”

“The U.S. Justice Department is pursuing criminal investigations into the President’s political opponents,” said Walz, the 2024 Democratic nominee for vice president. “This case was just one example of that, but we are seeing daily reminders of this administration’s lawlessness — in Minnesota and around the country. We all must continue to seek justice and uphold the rule of law.”

Ellison said “it should disturb every American that Donald Trump is weaponizing the criminal justice system against people he disagrees with.”

The subpoenas are “a politically motivated retaliation against our city for lawfully standing up to ICE and fighting for our residents,” Her said in a statement, referring to U.S. Immigration and Customs Enforcement.

Frey said the investigation was “never about justice, law, and order, but the absence of it.”

“Subpoenaing political opponents because they spoke on behalf of their constituents violates the core tenets of our democracy and human decency,” he said.

Frey also observed that criticizing government action is not a crime.

“One of the defining strengths of our democracy is the ability to challenge those in power without fear of retribution. Elected officials have both the right and the responsibility to speak honestly about how government decisions affect the people they serve,” he said.

Bauer and Richer write for the Associated Press. AP writer Eric Tucker in Washington contributed to this report.

WASHINGTON — The Supreme Court refused Monday to block an excessive force lawsuit against a former Los Angeles Police Department officer who shot and killed a knife-wielding man whose speeding truck had slammed into several cars near downtown Los Angeles.

The court turned down an appeal petition from the Los Angeles city attorney’s office, over the objections of Justices Clarence Thomas and Samuel A. Alito Jr.

Litigation over the six-second shooting incident has extended over six years.

Federal judges in California agreed that Officer Toni McBride had reason to fire four shots at the suspect in April 2020 but not the two final shots that killed him.

Daniel Hernandez was alleged to be under the influence of methamphetamine when he got out of his truck and walked toward the officer. She repeatedly ordered him, “Drop the knife,” as he approached.

But the 9th Circuit Court of Appeals, by a 6-5 vote, ruled last year that a jury could decide the officer went too far when she fired two final shots after the suspect had fallen to the ground.

The majority reasoned that in the one-second pause between shots four and five, McBride “could have and should first reassessed the situation” and possibly concluded the suspect no longer posed a danger.

That ruling would have sent the case to a trial.

But the Los Angeles city’s attorney’s office appealed to the Supreme Court in October and urged the justices to review and reverse the 9th Circuit’s decision.

The city’s attorneys said the appeals court failed to consider the “totality of circumstances from the perspective of a reasonable officer on the scene” and its decision refused “to allow for reasonable mistakes in fast-moving, life-threatening encounters.”

UC Berkeley law dean Erwin Chemerinsky filed a response for the Hernandez family. He urged the court to stand aside and let a jury decide whether the officer’s actions were reasonable.

“The 9th Circuit simply held that it should be for the jury to resolve the factual dispute over what happened,” he said.

The justices had considered the appeal since late February before finally turning it down without comment on Monday.

The Supreme Court has repeatedly ruled police officers may be sued for unreasonable searches and seizures only if they are shown to have knowingly violated clearly established law.

However, this doctrine of “qualified immunity” has divided judges over whether a particular rule or limit has been clearly established.

The 9th Circuit majority said shooting a fallen suspect crosses the line.

“It has been clearly established for more than a decade that when an officer shoots and wounds a suspect, and he falls to the ground, the officer cannot continue to shoot him, absent some indication that he presents a continuing threat,” wrote Judge Jacqueline H. Nguyen.

“A fallen and injured suspect armed only with a bladed instrument does not present a continuing threat merely because he makes nonthreatening movements on the ground. … Under such circumstances, a jury could reasonably find that she employed constitutionally excessive force. If so, she is not entitled to qualified immunity,” she said.

The five dissenters said the officer made a reasonable split-second decision.

Judge Ryan Nelson said McBride “was justified in shooting Daniel Hernandez to alleviate the risk that he posed when he advanced toward her while armed and ignoring commands to stop. … She cannot be reasonably expected or required to reassess her shooting in a tight six second period during an intense and dangerous situation throughout which Hernandez was rising and never stopped moving.”

Judge Patrick Bumatay echoed this concern.

“Judges review police shootings only in hindsight. We review police tapes years after the fact. We get to rewind, pause, fast forward — analyzing the situation frame-by-frame. While the advent of police bodycam videos has been a welcome change, we can’t ignore that real life isn’t in slow motion,” he said.

BOSTON — A federal judge on Monday struck down the Trump administration’s $100,000 fee on new H-1B visas, contradicting an earlier federal court ruling upholding the fee hike.

The administration announced the much-higher fee as a way of preventing foreign workers from taking American jobs.

But U.S. District Judge Leo Sorokin in Boston sided with 20 states and struck down the visa policy, concluding that the executive branch exceeded its authority and violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations.

“The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin wrote.

H-1B visas are meant for high-skill jobs that are difficult to find American workers to fill. Deep-pocketed technology companies are the biggest users, with nearly three-quarters of approvals going to workers from India. The states argued that using the H-1B program to fill vacancies for much-needed doctors and teachers was already difficult before the higher fee.

Most H-1B visa applications cost several thousand dollars before the announced increase set off a wave of panic among confused employers, students and workers in the United States and abroad and led to several lawsuits, including in Boston.

The U.S. Chamber of Commerce also sued, in federal court in Washington, D.C., and has appealed a denial of a summary judgment against the fee hike. That left the higher fee in effect, at least until September, when it is scheduled to expire. Monday’s ruling is also a summary judgment, to the opposite effect. Still another lawsuit was filed in federal court in San Francisco, by religious groups and labor organizations, setting up the possibility of divided rulings in three appellate court circuits.

The states argued that the policy impedes their ability to hire primary and secondary school educators and to staff public colleges and universities, will stymie academic research and will lead to a decline in medical workers.

“The Proclamation makes various overtures to domestic economic policy goals to justify the unprecedented $100,000 fee,” plaintiffs wrote in their complaint. “But the Proclamation gives no indication that the President gave any consideration to how the fee would affect Plaintiff States and their ability to provide their residents access to education, healthcare, and other basic human needs.”

A Department of Homeland Security statement said the agency disagrees with “this blatant judicial activism dismantling President Trump’s historic efforts for immigration reform.”

“Under President Trump and Secretary [Markwayne] Mullin, our immigration system is being reformed to serve American citizens, American workers, and American families and to preserve our national identity — not to rapidly import foreigners who take American jobs, commit crimes, burden our welfare system, and erode our cultural and social fabric.”

Casey writes for the Associated Press.

BOSTON — A federal judge on Friday struck down a Trump administration policy enacted after the shooting of two National Guard members that made it harder for immigrants from dozens of countries to stay and enter the U.S.

In a ruling harshly criticizing the administration, U.S. District Chief Judge John McConnell Jr. said the policy “threw the lives of countless immigrants living in the United States into indeterminate legal limbo,” and he accused the U.S. Citizenship and Immigration Services of ignoring the law.

“In enacting its latest immigration policies, USCIS: claims statutory and regulatory authority that it does not possess; makes decisions without the reasoned explanations that it must provide; acts without regard for the reliance interests of applicants that it must consider; and justifies its actions with pretextual concerns of ‘national security’ that mask anti-immigrant sentiments that it is forbidden from letting influence its decision-making,” he wrote. “In legal terms that means USCIS’s actions are contrary to law and arbitrary and capricious.”

A spokesperson for the Department of Homeland Security did not immediately respond to a request for comment.

The policies enacted after the National Guard shooting last year meant that immigrants from 39 African, Asian, Latin American and Middle Eastern countries have been “categorically barred” from receiving final decisions on, among other things, their asylum, work permit, green card and citizenship applications.

“This ruling reaffirms a basic principle: the federal government cannot shut down lawful immigration pathways or discriminate against people based on where they come from,” said Skye Perryman, president and CEO of Democracy Forward, which represented the plaintiffs in the case. “These unlawful policies caused enormous harm to families, workers, asylum-seekers, and communities across the country who were left in limbo, unable to work, access protections, or move forward with their lives.”

The policies apply to U.S. Citizenship and Immigration Services, which approves applications for immigrants to work and become citizens. The agency, which is within the Homeland Security Department, often grants asylum, but only for those already in the United States when they apply. Immigration judges grant asylum to those who are stopped at the border; the ruling does not affect them, and neither do the policies that sparked the lawsuit.

It is part of an ongoing effort by the administration to tighten U.S. entry standards for travel and immigration, in what critics say unfairly prevents travel for people from a broad range of countries. The administration suggested it would expand the restrictions after the arrest of an Afghan national suspect in the shooting of two National Guard troops over Thanksgiving weekend.

In its motion to dismiss, which the court denied, the government argued that Congress gave the executive branch broad authority over immigration policy, including “the entry of aliens into the United States as well as discretion within the statutory scheme to confer as well as withdraw various discretionary benefits.”

“This case rests on a remarkable premise: that a federal court should prevent an agency from issuing the very policy guidance that provides government personnel with the guardrails necessary to ensure consistent, non-arbitrary, and individualized decisionmaking consistent with federal law,” the government wrote in its brief.

Immigration groups celebrated the ruling.

“This ruling sets a powerful precedent that the administration cannot ignore the law as laid down by Congress and cannot arbitrarily bar immigration benefits on the basis of national origin by fiat,” said Jamal Abdi, president at the National Iranian American Council. “Fortunately, this is still a nation of laws, and those who uphold America’s values have recourse to challenge and push back on such discriminatory, arbitrary policies.”

Shawn VanDiver, a Navy veteran who heads a coalition that supports Afghan resettlement efforts called #AfghanEvac, said the ruling was a “significant victory for the rule of law and for thousands of Afghan allies and other immigrants who followed every requirement asked of them.”

“Just this week in Dallas and Fort Worth, we met people who feared losing jobs because delayed work permit renewals threatened their livelihoods, families who postponed education, travel, and homeownership because they did not know when their cases would be resolved, and future Americans who had expected to become citizens only to see their applications stall without explanation,” VanDiver said.

Casey writes for the Associated Press.

NEW YORK — American businesses big and small have started receiving tariff refunds after the U.S. Supreme Court ruled that President Trump lacked the constitutional authority to impose higher import taxes on goods from nearly every other country.

The process could grind to a halt, however, after the Trump administration said Friday that it intended to appeal a federal judge’s order to allow all companies that paid the illegal import taxes to seek refunds, not just the ones that filed lawsuits.

Until the Department of Justice informed the judge of its planned appeal, the refund system overseen by U.S. Customs and Border Protection had been working fairly smoothly. Refunds reached the bank accounts of the first successful applicants on May 12, about three weeks after American importers and their customs brokers could start submitting claims through an online system, according to CBP.

Applications for refunds totaling $85 billion — more than half of the $166 billion the agency estimated the government owes to companies that paid the illegal tariffs on imported goods — were accepted for processing as of May 22, CBP reported in a legal filing earlier in the week. It said it had so far directed the Treasury Department to issue $20.6 billion in refunds.

The administration revealed its appeal preparations while objecting to a demand by Judge Richard K. Eaton for CBP Commissioner Rodney Scott to appear in the U.S. Court of International Trade to answer questions about how long it would take to repay all 330,000 importers that might be eligible for refunds. The judge has scheduled a June 9 hearing on why he shouldn’t require the government do whatever it takes to speed up the process.

Justice Department lawyers asked Eaton to allow one or two of Scott’s deputies to appear in his place, arguing that as a high-ranking presidential appointee, the CBP chief could not be compelled to testify in court. They also argued that Eaton exceeded his own authority when he determined in March that the Supreme Court’s ruling entitled “all importers of record’’ to refunds.

“For that reason, defendants intend to appeal the court’s universal injunction,” the lawyers wrote, adding that CBP would continue to move “as quickly as it can to process refunds in a phased approach” for businesses that filed some 485 pending trade court complaints to assert their rights to refunds.

In a terse reply Friday, Eaton said he needed to hear directly from Scott whether the government would return all of the money it collected between when Trump imposed what he called “reciprocal” tariffs on goods from most countries in April 2025 and when the Supreme Court struck them down in late February.

“This case involves $166 billion,” the judge wrote. “It is undisputed that the remedy for this unlawful collection is for the United States government to refund the unlawfully collected duties.”

Some national retail chains said they planned to use their tariff refunds to lower customer prices on some items. Walmart Chief Financial Officer John David Rainey told analysts last week that the company would implement price cuts even though the maximum refund it might be eligible for represented less than half of 1% of Walmart’s $483 billion in annual U.S. sales.

Some smaller companies told the Associated Press that the partial refunds they’ve received so far would go toward paying remaining or future tariffs, reducing debt or just keeping the lights on after more than a year of uncertainty and additional import costs.

Jay Foreman, chief executive of toy company Basic Fun, said he received about $450,000, or 7% of his total claim, over two consecutive days this month. He took the initial repayment as a positive sign but said that after having less than $10,000 refunded since then, the process seemed like a “total slow roll.”

“It’s time to release the funds back into the economy, especially given how much we and others need these funds to support our businesses and fund our operations,” Foreman said.

Anderson writes for the Associated Press.

WASHINGTON — President Trump railed against a federal judge’s decision on Thursday that continues to block above-ground construction of a $400-million White House ballroom, allowing only below-ground work on a bunker and other “national security facilities” at the site.

U.S. District Judge Richard Leon’s latest ruling comes in response to an appeals court’s instruction to clarify an earlier decision on the 90,000-square-foot ballroom planned for the site where the East Wing of the White House once stood.

Trump on social media called Leon, who was nominated to the bench by Republican President George W. Bush, a “Trump Hating” judge who “has gone out of his way to undermine National Security, and to make sure that this Great Gift to America gets delayed, or doesn’t get built.”

The administration filed a notice that it will ask the U.S. Court of Appeals for the District of Columbia Circuit to review Leon’s latest decision, too.

Carol Quillen, president and chief executive of National Trust for Historic Preservation, whose group sued to challenge the project, said in a statement that the group is pleased with the court’s ruling.

Leon said that below-ground work on security measures is exempt from his order suspending above-ground construction. Government lawyers have argued that the project includes critical security features to guard against a range of possible threats, such as drones, ballistic missiles and biohazards.

Leon’s latest ruling comes several days after a three-judge panel from the D.C. appeals court instructed him to reconsider the possible national security implications of stopping construction.

In his previous order, Leon barred above-ground work on the ballroom from proceeding without congressional approval. The judge also ruled on March 31 that any construction work that’s necessary to ensure the safety and security of the White House is exempt from the scope of the injunction. Leon said he reviewed material that the government privately submitted to him before concluding that halting construction wouldn’t jeopardize national security.

Leon had suspended his March 31 order for two weeks. He stayed his latest decision for another week, which gives the administration more time to seek Supreme Court review.

Leon said he is ordering a stop only to the above-ground construction of the planned ballroom, apart from any work needed to cover or secure that part of the project. Otherwise, the Trump administration is free to proceed with the construction of any excavations, bunkers, military installations, and medical facilities below the ballroom.

“Defendants argue that the entire ballroom construction project, from tip to tail, falls within the safety-and-security exception and therefore may proceed unabated,” the judge wrote. “That is neither a reasonable nor a correct reading of my Order!”

On Saturday, the appeals court panel said it didn’t have enough information to decide how much of the project can be suspended without jeopardizing the safety of the president, his family or the White House staff.

Leon said he recognizes the safety implications of the case, but stressed that “national security is not a blank check to proceed with otherwise unlawful activity.” He also said he has “no desire or intention to be dragooned into the role of construction manager.”

On April 2, two days after Leon’s previous ruling, Trump’s ballroom won final approval from the 12-member National Capital Planning Commission, which is charged with approving construction on federal property in the Washington region.

The preservation group sued in December, a week after the White House finished demolishing the East Wing to make way for a ballroom that Trump said would fit 999 people. Trump says the project is funded by private donations, although public money is paying for the bunker construction and security upgrades.

Kunzelman writes for the Associated Press.

ORLANDO, Fla. — Guards severely beat and pepper-sprayed detainees at a state-run immigration detention center known as “Alligator Alcatraz” in the Florida Everglades this month, according to a lawyer for two detainees.

The guards targeted Katherine Blankenship’s clients and other detainees at the facility after they complained about not having phone access on April 2, Blankenship said in a court declaration.

The phones, which weren’t functioning, are the primary way for detainees to communicate with family and their attorneys while in the detention center. The guards began taunting the detainees, who were in a cell, then became “more aggressive and were yelling and threatening to enter the cage,” Blankenship wrote.

When one detainee approached a guard, he was punched in the face. The guards then started beating other detainees in the cell. One of Blankenship’s clients was punched in the right eye, thrown to the floor and beaten by several guards. He was kicked in the head and his shoulder and arm were injured. A guard put his knee on the detainee’s neck while restraining him, according to the attorney’s declaration, which included a photo made during a video call almost a week later showing the detainee with a bruised eye.

“The officers beat several people during this incident and broke another detained individual’s wrist,” Blankenship wrote. The detainee whose wrist was broken is not one of her clients.

Phone service was restored the next day without any explanation for why it was cut off.

The Florida Department of Emergency Management didn’t respond to questions emailed Wednesday about the incident.

Blankenship’s declaration was included in a court filing accusing state and federal officials of failing to comply with a federal judge’s preliminary injunction last month ordering detention center officials to provide access to timely, free, confidential, unmonitored and unrecorded outgoing legal calls. U.S. District Judge Sheri Polster Chappell in Fort Myers, Florida also said facility officials must provide at least one operable telephone for every 25 people held in the facility.

The judge’s order came in a response to a lawsuit that claimed detainees’ First Amendment rights were being violated.

State officials have denied restricting detainees’ access to their attorneys and cited security and staffing reasons for any challenges. Federal officials who also are defendants denied that detainees’ First Amendment rights were violated. State officials last week filed a notice that they plan to appeal the judge’s order.

The Everglades facility was built last summer at a remote airstrip by Republican Gov. Ron DeSantis’ administration to support President Trump’s immigration policies. Florida also has built a second immigration detention center in north Florida.

During a visit last week to the detention center, U.S. Rep. Debbie Wasserman Schultz, a Florida Democrat, said she wasn’t given the chance to talk to detainees. She described conditions at the detention center as “inhumane.”

“The way the detainees are housed is cruel and unnecessary,” she said.

Schneider writes for the Associated Press. AP journalist Gisela Salomon in Miami contributed to this report.