Illegally

WASHINGTON — A Trump administration policy illegally banned transgender troops from military service, a divided panel of federal appeal court judges ruled on Monday.

The majority opinion by a three-judge panel from the U.S. Court of Appeals for the District of Columbia circuit largely upholds a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C. Reyes concluded that President Trump’s executive order to exclude transgender troops from military service likely violates their constitutional rights.

The administration appealed after Reyes issued a preliminary injunction requested by attorneys for six transgender people who are active-duty service members and two others seeking to join the military. The appeal court’s majority decided that the injunction should be narrowed to the plaintiffs currently serving in the military but not those seeking to join.

The ruling won’t immediately go into effect, allowing the administration time to ask the full appeals court to hear the case.

The U.S. Supreme Court allowed the transgender military ban to go into effect last year, as litigation continues to play out. Another lawsuit challenging the ban was filed in Washington state and led to a ruling in favor of the plaintiffs challenging the policy in that case.

In January 2025, Trump signed an executive order that claims the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is harmful to military readiness.

In response to the order, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies people with gender dysphoria from military service. Gender dysphoria is the distress that a person feels because their assigned gender and gender identity don’t match. The medical condition has been linked to depression and suicidal thoughts.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins wrote for the majority. Wilkins was nominated to the court by Democratic President Obama.

In a dissenting opinion, Judge Justin Walker said judges lack the power to second-guess the decision to exclude transgender troops.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the Commander in Chief,” wrote Walker, who was nominated by Trump, a Republican.

Judge Judith Rogers, who was nominated by Democratic President Clinton, joined Wilkins’ opinion but also partially dissented.

Kunzelman and Whitehurst write for the Associated Press.

The former mayor of a conservative Kansas town was taken into custody by immigration authorities after acknowledging last year that he had voted in elections despite not being a U.S. citizen.

Joe Ceballos, who was born in Mexico and is a legal permanent U.S. resident, was detained Wednesday during a meeting at a U.S. Immigration and Customs Enforcement office in Wichita, Kan., according to his attorney, Jess Hoeme. He said Ceballos now fears he could be deported.

The 55-year-old resigned as mayor of Coldwater in December while facing state charges over voting as a noncitizen. While seeking citizenship in 2025, Ceballos admitted during an interview that he had voted, not knowing that green card holders don’t qualify, Hoeme said.

Ceballos was charged with voting illegally but pleaded guilty in April to misdemeanors in a deal with the Kansas attorney general. His case has drawn attention from the Trump administration and inspired supporters in his community, some of whom held signs reading “We Support Mayor Joe” and “ICE Out” as Ceballos walked into the federal building in Wichita.

“Let Joe go!” the crowd yelled.

“Thinking what could happen — it’s just kind of crazy,” Ceballos told reporters. “Obviously nervous. I don’t know what’s going to happen. I don’t know where they’re going to take me and what I can and can’t do inside there.”

An email seeking comment from the Department of Homeland Security was not immediately returned.

Trump and other Republicans have been warning of the dangers of noncitizens voting in elections since the beginning of the 2024 presidential election. Research, even by Republican election officials, show the problem is rare.

This year, Trump has been pushing Republicans in Congress to pass the SAVE Act, which among other things would require documented proof of U.S. citizenship to register and vote.

The administration also has significantly upgraded a program within Homeland Security that checks citizenship. At least 25 states, most of them controlled by Republicans, have used that system to check their voter rolls.

Ceballos was brought to the U.S. from Mexico by family when he was 4 years old. Hoeme said lawyers would next try to get an immigration judge to release him on bond.

He said Ceballos, at age 18, was encouraged to register to vote on the spot during a school field trip to the Comanche County courthouse. Ceballos has previously said in interviews with reporters that he voted for Republicans.

He was twice elected mayor of Coldwater, population 700, and also served on the city council. Ceballos won a new term in November but resigned after state Atty. Gen. Kris Kobach charged him with voting without being qualified and election perjury.

Kobach’s office, however, reached a deal with Ceballos. He pleaded guilty to disorderly election conduct, which Hoeme described as a misdemeanor similar to disturbing the peace.

“He has not been convicted of any kind of voter fraud. It should not have impacted his immigration status,” Hoeme said. “The Trump administration and ICE have doubled down on nonsense that he is a criminal.”

Ceballos has been a popular figure in Coldwater, where an advertisement in the Western Star newspaper encouraged people to support him.

“He’s kind of got to live the American dream, to come from absolutely nothing and build up — I don’t know about wealth — but to build up a business and have a job and be a productive part of society,” longtime friend Ryan Swayze told Wichita station KAKE-TV.

White writes for the Associated Press.