SAN FRANCISCO — A federal judge in San Francisco on Tuesday indefinitely barred the Trump administration from firing federal employees during the government shutdown, saying that labor unions were likely to prevail on their claims that the cuts were arbitrary and politically motivated.
U.S. District Judge Susan Illston granted a preliminary injunction that bars the firings while a lawsuit challenging them plays out. She previously issued a temporary restraining order against the job cuts that was set to expire Wednesday.
Illston, who was nominated by former President Clinton, has said she believes evidence will show the mass firings were illegal and in excess of authority.
Federal agencies are enjoined from issuing layoff notices or acting on notices issued since the government shut down Oct. 1. Illston said her order does not apply to notices sent before the shutdown.
The Republican administration has slashed jobs in education, health and other areas it says are favored by Democrats. The administration also said it will not tap roughly $5 billion in contingency funds to keep benefits through the Supplemental Nutrition Assistance Program, commonly referred to as SNAP, flowing into November.
The American Federation of Government Employees and other labor unions sued to stop the “reductions in force” layoffs, saying the firings were an abuse of power designed to punish workers and pressure Congress.
“President Trump is using the government shutdown as a pretense to illegally fire thousands of federal workers — specifically those employees carrying out programs and policies that the administration finds objectionable,” AFGE National President Everett Kelley said in a statement thanking the court.
The White House referred a request for comment to the Office of Management and Budget, which did not immediately respond.
Lawyers for the government say the district court does not have the authority to hear personnel challenges and that President Trump has broad authority to reduce the federal workforce as he pledged to do during his campaign.
“The president was elected on this specific platform,” Assistant U.S. Attorney Michael Velchik said. “The American people selected someone known above all else for his eloquence in communicating to employees that you’re fired; this is what they voted for.”
Trump starred on a long-running reality TV series called “The Apprentice” in which his signature catchphrase was telling candidates they were fired.
About 4,100 layoff notices have gone out since Oct. 10, some sent to work email addresses that furloughed employees are not allowed to check. Some personnel were called back to work, without pay, to issue layoff notices to others.
The lawsuit has expanded to include employees represented by additional labor unions, including the National Treasury Employees Union, the American Federation of Teachers, and the International Federation of Professional and Technical Engineers. All Cabinet departments and two dozen independent agencies are included in the lawsuit.
Democratic lawmakers are demanding that any deal to reopen the government address expiring health care subsidies that have made health insurance more affordable for millions of Americans. They also want any government funding bill to reverse the Medicaid cuts in Trump’s big tax breaks and spending cuts bill passed this summer.
Republican House Speaker Mike Johnson has refused to negotiate with Democrats until they agree to reopen the government.
This is now the second-longest shutdown in U.S. history. The longest occurred during Trump’s first term over his demands for funds to build the Mexico border wall. That one ended in 2019 after 35 days.
NASHVILLE — A federal judge in Tennessee on Monday warned of possible sanctions against top Trump administration officials if they continue to make inflammatory statements about Kilmar Abrego Garcia that could prejudice his coming trial.
U.S. District Judge Waverly Crenshaw filed an order late on Monday instructing local prosecutors in Nashville to provide a copy of his opinion to all Justice Department and Department of Homeland Security employees, including Atty. Gen. Pam Bondi and Homeland Security Secretary Kristi Noem.
“Government employees have made extrajudicial statements that are troubling, especially where many of them are exaggerated if not simply inaccurate,” Crenshaw writes.
He lists a number of examples of prohibited statements as outlined in the local rules for the U.S. District Court of Middle Tennessee. They include any statements about the “character, credibility, reputation, or criminal record of a party” and “any opinion as to the accused’s guilt or innocence.”
“DOJ and DHS employees who fail to comply with the requirement to refrain from making any statement that ‘will have a substantial likelihood of materially prejudicing’ this criminal prosecution may be subject to sanctions,” his order reads.
Earlier this year, Abrego Garcia’s mistaken deportation to El Salvador, where he was held in a notoriously brutal prison despite having no criminal record, helped galvanize opposition to President Trump’s immigration crackdown. Facing mounting public pressure and a court order, the Trump administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia has pleaded not guilty to those charges and asked Crenshaw to dismiss them.
Meanwhile, Trump administration officials have waged a relentless public relations campaign against Abrego Garcia, repeatedly referring to him as a member of the MS-13 gang and even implicating him in a murder. Crenshaw’s opinion cites statements from several top officials, including Bondi and Noem, as potentially damaging to Abrego Garcia’s right to a fair trial. He also admonishes Abrego Garcia’s defense attorneys for publicly disclosing details of plea agreement negotiations.
Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from being deported back to his home country, finding he had a well-founded fear of violence there from a gang that targeted his family.
Since his return to the U.S. in June, Immigration and Customs Enforcement has announced plans to deport him to a series of African countries, most recently Liberia.
It was one of the most dramatic protests in Los Angeles by activists who opposed Israel’s war in Gaza: a shutdown of the southbound lanes of the 110 Freeway as it passes through downtown.
In a chaotic scene captured by news helicopters, protesters sat down on the freeway in December 2013, halting traffic just south of the four-level interchange. On live television, enraged motorists responded by getting into physical altercations with demonstrators.
Los Angeles City Atty. Hydee Feldstein Soto’s office later charged many of the protesters with unlawful assembly, failure to disperse, failure to comply with a lawful order and obstruction of a street, sidewalk or other public corridor — all misdemeanors.
On Monday, after a lengthy legal battle, a judge agreed to put 29 protesters into a 12-month diversion program, which requires that each performs 20 hours of community service.
If they complete that service and obey the law, the charges will be dismissed in October 2026, said Colleen Flynn, the protesters’ attorney.
In court Monday, Flynn praised her clients for taking a stand, motivated by a moral duty to “bring attention to the loss of life and humanitarian crisis going on in Gaza.”
“These are people who were, out of conscience, making a decision to engage in an act of civil disobedience,” she told the judge.
Two others charged in connection with the protest were granted judicial diversion earlier this year and have already completed their community service. The charges against them have been dismissed, Flynn said.
Flynn initially asked for the 29 protesters to each receive eight hours of community service. City prosecutors successfully pushed for 20 hours, saying the political reason for the protest had no bearing on the case. Deputy City Atty. Brad Rothenberg told the judge that the freeway closure lasted about four hours.
“That affected thousands of people who come to the second largest city in the United States to work,” he said.
The hearing brought a quiet end to a furious legal battle.
Flynn spent several months pushing for the case to be dismissed, arguing that Feldstein Soto’s decision to charge the protesters was rooted in “impermissible bias” — religious or ethnic prejudice against Palestinians and their supporters.
At multiple hearings, Flynn said her clients experienced disparate treatment compared to other protesters who also disrupted traffic but were highlighting different political issues, such as higher wages for hotel workers. Flynn also pointed to social media posts by Feldstein Soto on Oct. 7, 2023, the day Hamas-led militants invaded Israel, murdering more than 1,200 people and kidnapping about 250 others.
“Every nation and every moral person must support Israel in defending her people,” Feldstein Soto wrote on her @ElectHydee page.
Last month, a judge denied Flynn’s request to dismiss the case. At that hearing, prosecutors said the protesters were charged because they shut down a freeway, creating a particular threat to public safety.
Prosecutors argued that a motorcycle traveling between traffic lanes at a high rate of speed easily could have plowed into freeway protesters who were sitting cross-legged on the pavement.
Prosecutors also defended Feldstein Soto’s social media posts, saying they were written on the day of the invasion, before Israel had launched its counterattack. At that point, Feldstein Soto was expressing outrage over a horrific day of violence, the prosecutors said.
Since then, Israel’s campaign in Gaza has killed more than 68,000 Palestinians, a majority of whom were women and children, according to the Health Ministry in Gaza.
Trump administration is seeking to deport Abrego Garcia to West African country, in move decried by lawyers.
Published On 27 Oct 202527 Oct 2025
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A federal judge in the United States has requested assurances from the administration of President Donald Trump that officials will not deport Kilmar Abrego Garcia while an injunction barring his deportation remains in place.
The demand from District Judge Paula Xinis on Monday comes after US Immigration and Customs Enforcement (ICE) filed a notice last week of a plan to deport Abrego Garcia to the West African nation of Liberia.
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She asked why the government is not instead deporting Abrego Garcia to Costa Rica, a Salvadoran man living in the United States, where he has said he is willing to go because the government there has promised he would be welcomed as a legal immigrant and not re-deported to El Salvador.
“Any insight you can shed on why we’re continuing this hearing when you could deport him to a third country tomorrow?” Xinis asked government lawyers.
Abrego Garcia was wrongfully deported to El Salvador by the Trump administration March, in violation of a 2019 court order barring him from being sent back to his homeland.
He was returned to the US under a judge’s order in June, but swiftly charged with human smuggling in Tennessee. He is seeking dismissal of that case.
Administration officials have repeatedly accused Abrego Garcia of being a member of the MS-13 gang, a claim that has never been proven in court.
Abrego Garcia’s lawyers have said he is being targeted for political retribution.
Responding to the plan to deport Abrego Garcia to Liberia, lawyer Simon Sandoval-Moshenberg called the move “cruel and unconstitutional”. He noted that Abrego Garcia has no ties to the country.
The Trump administration has repeatedly sought to deport individuals unable to be sent to their homelands to so-called third countries. Advocacy groups have argued that the deportations violate due process rights and that immigrants are being sent to countries with long histories of human rights violations.
Abrego Garcia has separately applied for asylum in the US.
L.A. County is bringing on a retired judge to tackle a $4-billion question: How can officials ensure that real victims are compensated from the biggest sex abuse payout in U.S. history — and not people who made up their claims?
The county has tapped Daniel Buckley, a former presiding judge of the county’s Superior Court, to vet cases brought by Downtown LA Law Group after The Times found nine people represented by the firm who said they were paid to sue the county by recruiters. Four of the plaintiffs said they were told to fabricate the claims.
Downtown LA Law Group, or DTLA, has denied paying any of its roughly 2,700 clients, but agreed to cover the cost of Buckley to examine their cases in the $4-billion sex abuse settlement.
In a letter sent to clients Monday, Andrew Morrow, the lead attorney in the firm’s sex abuse cases, noted there are “additional safeguards” and “vetting protocols” underway following recent reports of paid clients, but did not specifically mention the new judge.
“While we categorically deny this ever occurred, we take these matters seriously and welcome the implementation of additional review procedures to ensure false claims do not move forward in the process,” wrote Morrow, the chairman of the firm’s mass torts department.
On Oct. 17, Dawyn Harrison, the top attorney for the county, requested an investigation from the State Bar based on The Times’ reporting, saying she believed some of the settlement would flow to “the pockets of the plaintiffs’ bar” rather than victims.
“The actions described in the article, if true, are despicable and run afoul of ethical duties of attorneys and criminal law in California,” Harrison wrote in a letter to Erika Doherty, the bar’s interim executive director. “I request the State Bar investigate all of the potential fraudulent and illegal activities described in this letter.”
DTLA declined to comment last week. The firm has previously said it works “hard to present only meritorious claims and have systems in place to help weed out false or exaggerated allegations.”
The bulk of the claims will be reviewed by retired Superior Court Judge Louis Meisinger, who will decide awards between $100,000 and $3 million.
The amount will depend on the severity of the abuse, the impact on the victim’s life and the amount of evidence provided, according to the allocation protocol. The money will be paid out over five years unless the victim opts to get a one-time check for $150,000.
If the judges find cases they believe are fraudulent, the county can either resolve them through a $50,000 payment or get them removed from the settlement. The county saves money in that case, but runs the risk of the plaintiff continuing to litigate and landing a larger payout from a jury trial.
It’s unusual — but not unheard of — for a neutral arbiter to be appointed to investigate cases from a specific firm in a massive settlement.
Retired U.S. Bankruptcy Judge Barbara Houser, who is overseeing the $2.4-billion trust for victims of the Boy Scouts of Americas sex abuse cases, said last month that she had asked for an “independent third party” to vet the claims brought by Slater Slater Schulman after finding a pattern of “irregularities” and “procedural and factual problems” among its plaintiffs.
Slater Slater Schulman, headquartered in New York City, represents roughly 14,000 victims in the Boy Scouts case. It also represents roughly 3,700 people in the L.A. County settlement — the most of any firm, by far.
On Oct. 14, Lawrence Friedman, a former Department of Justice attorney who headed up the federal watchdog office for the bankruptcy system, spearheaded a blistering motion asking Houser to reduce Slater’s attorneys fees, which he estimated were at least $20 million. Friedman is seeking to push them out of the case, alleging the firm had “run amok” and “dangled the prospect of lottery sized payouts” in front of clients without vetting them.
“The SLATER law firm has little if any quality controls in place to validate the information in the 14,600 claims other than validating that they were real people who had filed the claim,” the motion stated. “…What SLATER has effectively created is simply a ‘Claims Machine’ designed to spit out huge wads of cash for itself!”
Clifford Robert, an outside attorney who is representing Slater Slater Schulman in its issues with the Boy Scouts cases, said the firm’s priority “has been and always will be securing justice on behalf of sexual abuse victims.”
Friedman, who has been outspoken about misconduct by mass tort attorneys in bankruptcy cases, said he now represents dozens of former Slater plaintiffs. The ex-clients alleged the firm waited more than a year before informing them their cases were undergoing additional vetting and their payments would be delayed. The firm told them this September about the outside investigation, which began in June 2024, according to an email attached to the Oct. 14 motion.
“We now agree that there are procedural and factual problems in some of our claim submissions to the Trust,” the three partners of Slater Slater Schulman wrote in a joint email to clients on Sept. 9. “Because of the problematic claims, we have agreed that all of our claim submissions to the Trust be vetted by an independent third party.”
Both judges who will vet the L.A. County sex abuse payouts work for Signature Resolution, a firm that specializes in resolving legal disputes outside the courtroom with a heavyweight roster of former judges and lawyers. Litigation management company BrownGreer will be the settlement administration arm, responsible for making sure the checks go out, liens are settled and the judges have the records they need from the 11,000 plaintiffs.
An additional 414 sex abuse claims that led to a separate $828-million settlement announced Oct. 17 will be reviewed by a different judge with the money distributed over the course of three years. That settlement, which involves claims from three firms that opted to litigate separately from the rest, is expected to receive final approval from the Board of Supervisors on Tuesday.
The county will give the first tranche of money to the fund administered by BrownGreer in January, though it’s unclear when that money will trickle down to victims. The additional fraud review could slow the process as the judges will need to decide what all 11,000 of the claims are worth before any of the money goes out.
“They should have had their duck in the rows at the beginning,” said Tammy Rogers, 56, who sued over sex abuse at a county-run shelter for children in 2022.
Rogers said she has seen her bank account depleted recently following a shoulder surgery and her daughter’s funeral. She said she’s grown skeptical the settlement money will come her way anytime soon after reading the recent coverage of plaintiffs who say they were paid to sue.
“They should have known people were going to come out of the woodwork and do stuff like this,” she said. “They should have taken this time in the beginning, not in the end.”
Tammy Rogers, one of the plaintiffs who sued L.A. County over alleged abuse at MacLaren Hall, says she’s worried the extra vetting may delay payments to victims.
(Carlin Stiehl/Los Angeles Times)
The number of claims has fluctuated in recent months as some of the firms have dismissed cases from plaintiffs who died, lost interest in their lawsuit, or stopped responding. Since the Times initial investigation ran on Oct. 2, DTLA has asked for the dismissal of at least 14 plaintiffs, according to a Times analysis of court records.
On Oct. 17, the firm asked a judge to dismiss three people in a 63-plaintiff lawsuit filed April 29 who told The Times they’d been paid to sue the county for sex abuse.
Quantavia Smith, whose case DTLA asked to be dismissed without prejudice, previously told The Times a recruiter paid her to join the litigation, but said she had a legitimate sex abuse claim against the county. She said the recruiter drove her to the office of a downtown law firm and then gave her $200.
The firm also asked to dismiss the cases of Nevada Barker and Austin Beagle with prejudice, meaning the cases can’t be refilled. The Times reported this month that the Texan couple were told to make up allegations of abuse at a county-run juvenile hall and provided a script by someone inside the firm’s downtown office. Both said they left the firm with $100.
The Times could not reach the alleged recruiter for comment.
Austin Beagle and Nevada Barker say they were unwittingly ushered into a fraudulent lawsuit against L.A. County filed by Downtown LA Law Group.
(Joe Garcia/For The Times)
On the morning the story published Oct. 16, Beagle and Barker each received an automated email from Vinesign, a legal e-signature site, telling them Downtown LA Law was requesting their signature on a document.
“I wish to affirm my claim that I was sexually abused in a Los Angeles County juvenile facility, and I was never paid to bring this claim forward,” stated the DTLA declaration, which they were asked to sign under the penalty of perjury.
Both said they did not want to sign as it was not true — and the opposite of what had just been published that morning in The Times. Beagle said the firm called twice that morning to discuss.
“We told them just dismiss it,” said Beagle. “We ain’t talking about it.”
Times assistant data and graphics editor Sean Greene contributed to this report.
Oct. 25 (UPI) — Due process rights were violated when federal officers detained the father of a girl who has cancer without a bond hearing pending deportation to Mexico, a federal judge in Chicago ruled.
U.S. District of Northern Illinois Judge Jeremy Daniel on Friday ordered Ruben Torres Maldonado, 40, to be given a bond hearing no later than Oct. 31 while he faces deportation as his 16-year-old daughter undergoes cancer treatment, WBBM-TV reported.
He remains in custody at an Immigration and Customs Enforcement facility pending the outcome of the bond hearing, which Daniel said should have been done already to uphold his right to due process.
His attorneys sought an immediate release, but Daniel said the “appropriate remedy” to his detainment is to hold a bond hearing as soon as possible.
“While sympathetic to the plight the petitioner’s daughter faces due to her health concerns, the court must act within the constraints of the relevant statutes, rules and precedents,” Daniel said.
Daniel was appointed to the court by former President Joe Biden.
Department of Homeland Security Assistant Secretary. Tricia McLaughlin called the legal challenge a “desperate Hail Mary attempt to keep a criminal in our country,” the Chicago Sun-Times reported.
He “did not comply with instructions from the officers and attempted to flee in his vehicle and backed into a government vehicle,” she explained.
McLaughlin, in a prepared statement, said “U.S. Border Patrol conducted a targeted immigration enforcement operation that resulted” in his arrest in Niles, Ill., on Oct. 18, according to WLS-TV.
“He has a history of habitual driving offenses and has been charged multiple times with driving without insurance, driving without a valid license and speeding,” she said. “He will remain in ICE custody pending removal.”
Moldonado, 40, has illegally resided in the United States since entering in 2003 and has lived in the greater Chicago area with his partner for the past 20 years.
He has worked as a painter for the same company over the past 20 years.
The Trump administration is calling for the immediate detention of all people when encountered and who are suspected of illegally entering or otherwise residing in the United States.
The detention mandate is based on a federal law that Maldonado’s legal team says only applies to “non-citizens who recently arrived at a border or port of entry.”
Daniel agreed that the law does not apply to Moldonado and ordered his bond hearing to ensure due process in his case.
CHICAGO — The detention by immigration authorities of a Chicago man whose 16-year-old daughter is undergoing treatment for advanced cancer is illegal, and he must be given a bond hearing by Oct. 31, a federal judge has ruled.
Attorneys for Ruben Torres Maldonado, 40, who was detained Oct. 18, have petitioned for his release as his deportation case goes through the system. While U.S. District Judge Jeremy Daniel said in an order Friday that Torres’ detention is illegal and violates his due process rights, he also said he could not order his immediate release.
“While sympathetic to the plight the petitioner’s daughter faces due to her health concerns, the court must act within the constraints of the relevant statutes, rules, and precedents,” the judge wrote Friday.
Torres’ attorney took the ruling as a win — for now.
“We’re pleased that the judge ruled in our favor in determining that ICE is illegally detaining Ruben. We will now turn the fight to immigration court so we can secure Ruben’s release on bond while he applies for permanent residence status,” his attorney, Kalman Resnick, said in a statement Friday night.
Torres, a painter and home renovator, was detained at a suburban Home Depot store. His daughter, Ofelia Torres, was diagnosed in December with a rare and aggressive form of soft-tissue cancer called metastatic alveolar rhabdomyosarcoma and has been undergoing chemotherapy and radiation treatment.
Torres entered the U.S. in 2003, according to his lawyers. He and his partner, Sandibell Hidalgo, also have a 4-year-old son. The children are both U.S. citizens, according to court records.
“My dad, like many other fathers, is a hardworking person who wakes up early in the morning and goes to work without complaining, thinking about his family,” Ofelia said in a video posted on a GoFundMe page set up for her family. “I find it so unfair that hardworking immigrant families are being targeted just because they were not born here.”
The Department of Homeland Security alleges that Torres has been living illegally in the U.S. for years and has a history of driving offenses, including speeding and driving without a valid license and insurance.
“This is nothing more than a desperate Hail Mary attempt to keep a criminal illegal alien in our country,” Assistant Homeland Security Secretary Tricia McLaughlin said in a statement. “The Trump administration is fighting for the rule of law and the American people.”
At a hearing Thursday, which Ofelia attended in a wheelchair, the family’s attorneys told the judge that she was released from the hospital just a day before her father’s arrest so that she could see family and friends. But since his arrest, she had been unable to continue treatment “because of the stress and disruption,” they said.
Federal prosecutor Craig Oswald told the court that the government did not want to release Torres because he didn’t cooperate during his arrest,
Several elected officials held a news conference Wednesday to protest Torres’ arrest. The Chicago area has been at the center of a major immigration crackdown dubbed “Operation Midway Blitz,” which began in early September.
WASHINGTON — The Supreme Court is set to rule for the first time on whether the president has the power to deploy troops in American cities over the objections of local and state officials.
A decision could come at any time.
And even a one-line order siding with President Trump would send the message that he is free to use the military to carry out his orders — and in particular, in Democratic-controlled cities and states.
Trump administration lawyers filed an emergency appeal last week asking the court to reverse judges in Chicago who blocked the deployment of the National Guard there.
The Chicago-based judges said Trump exaggerated the threat faced by federal immigration agents and had equated “protests with riots.”
Trump administration lawyers, however, said these judges had no authority to second-guess the president. The power to deploy the National Guard “is committed to his exclusive discretion by law,” they asserted in their appeal in Trump vs. Illinois.
That broad claim of executive power might win favor with the court’s conservatives.
Administration lawyers told the court that the National Guard would “defend federal personnel, property, and functions in the face of ongoing violence” in response to aggressive immigration enforcement, but it would not carry out ordinary policing.
Yet Trump has repeatedly threatened to send U.S. troops to San Francisco and other Democratic-led cities to carry out ordinary law enforcement.
When he sent 4,000 Guard members and 700 Marines to Los Angeles in June, their mission was to protect federal buildings from protesters. But state officials said troops went beyond that and were used to carry out a show in force in MacArthur Park in July.
Newsom, Bonta warn of dangers
That’s why legal experts and Democratic officials are sounding an alarm.
“Trump v. Illinois is a make-or-break moment for this court,” said Georgetown law professor Steve Vladeck, a frequent critic of the court’s pro-Trump emergency orders. “For the Supreme Court to issue a ruling that allows the president to send troops into our cities based upon contrived (or even government-provoked) facts … would be a terrible precedent for the court to set not just for what it would allow President Trump to do now but for even more grossly tyrannical conduct.”
“On June 7, for the first time in our nation’s history, the President invoked [the Militia Act of 1903] to federalize a State’s National Guard over the objections of the State’s Governor. Since that time, it has become clear that the federal government’s actions in Southern California earlier this summer were just the opening salvo in an effort to transform the role of the military in American society,” their brief said.
“At no prior point in our history has the President used the military this way: as his own personal police force, to be deployed for whatever law enforcement missions he deems appropriate. … What the federal government seeks is a standing army, drawn from state militias, deployed at the direction of the President on a nationwide basis, for civilian law enforcement purposes, for an indefinite period of time.”
Conservatives cite civil rights examples
Conservatives counter that Trump is seeking to enforce federal law in the face of strong resistance and non-cooperation at times from local officials.
“Portland and Chicago have seen violent protests outside of federal buildings, attacks on ICE and DHS agents, and organized efforts to block the enforcement of immigration law,” said UC Berkeley law professor John Yoo. “Although local officials have raised cries of a federal ‘occupation’ and ‘dictatorship,’ the Constitution places on the president the duty to ‘take care that the laws are faithfully executed.’”
He noted that presidents in the past “used these same authorities to desegregate southern schools in the 1950s after Brown v. Board of Education and to protect civil rights protesters in the 1960s. Those who cheer those interventions cannot now deny the same constitutional authority when it is exercised by a president they oppose,” he said.
The legal battle so far has sidestepped Trump’s broadest claims of unchecked power, but focused instead on whether he is acting in line with the laws adopted by Congress.
The Constitution gives Congress the power “to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections and repel Invasions.”
Beginning in 1903, Congress said that “the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary” if he faces “danger of invasion by a foreign nation … danger of a rebellion against the authority of the government of the United States or the president is unable to execute the laws of the United States.”
While Trump administration lawyers claim he faces a “rebellion,” the legal dispute has focused on whether he is “unable to execute the laws.”
Lower courts have blocked deployments
Federal district judges in Portland and Chicago blocked Trump’s deployments after ruling that protesters had not prevented U.S. immigration agents from doing their jobs.
Judge Karin Immergut, a Trump appointee, described the administration’s description of “war-ravaged” Portland as “untethered to the facts.”
In Chicago, Judge April Perry, a Biden appointee, said that “political opposition is not rebellion.”
But the two appeals courts — the 9th Circuit in San Francisco and the 7th Circuit in Chicago — handed down opposite decisions.
A panel of the 9th Circuit said judges must defer to the president’s assessment of the danger faced by immigration agents. Applying that standard, the appeals court by a 2-1 vote said the National Guard deployment in Portland may proceed.
But a panel of the 7th Circuit in Chicago agreed with Perry.
“The facts do not justify the President’s actions in Illinois, even giving substantial deference to his assertions,” they said in a 3-0 ruling last week. “Federal facilities, including the processing facility in Broadview, have remained open despite regular demonstrations against the administration’s immigration policies. And though federal officers have encountered sporadic disruptions, they have been quickly contained by local, state, and federal authorities.”
Attorneys for Illinois and Chicago agreed and urged the court to turn down Trump’s appeal.
“There is no basis for claiming the President is ‘unable’ to ‘execute’ federal law in Illinois,” they said. “Federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks.”
U.S. Solicitor Gen. D. John Sauer, shown at his confirmation hearing in February, said the federal judges in Chicago had no legal or factual basis to block the Trump administration’s deployment of troops.
(Chip Somodevilla / Getty Images)
Trump’s Solicitor Gen. D. John Sauer presented a dramatically different account in his appeal.
“On October 4, the President determined that the situation in Chicago had become unsustainably dangerous for federal agents, who now risk their lives to carry out basic law enforcement functions,” he wrote. “The President deployed the federalized Guardsmen to Illinois to protect federal officers and federal property.”
He disputed the idea that agents faced just peaceful protests.
“On multiple occasions, federal officers have also been hit and punched by protestors at the Broadview facility. The physical altercations became more significant and the clashes more violent as the size of the crowds swelled throughout September,” Sauer wrote. “Rioters have targeted federal officers with fireworks and have thrown bottles, rocks, and tear gas at them. More than 30 [DHS] officers have been injured during the assaults on federal law enforcement at the Broadview facility alone, resulting in multiple hospitalizations.”
He said the judges in Chicago had no legal or factual basis to block the deployment, and he urged the court to cast aside their rulings.
Activists participate in a demonstration outside the ICE detention facility in Broadview, Ill., on Oct. 10. A federal district judge is blocking the National Guard from deploying in the city. Photo by Christobal Herrera Ulashkevich/EPA
Oct. 22 (UPI) — A federal judge on Wednesday extended her order blocking the deployment of National Guard troops to Chicago before the U.S. Supreme Court weighs in.
District Judge April Perry, who was appointed by President Joe Biden, decided to keep the ban until there’s a full trial on the issue or the high court rules.
On Oct. 9, Perry issued the original order that was to expire Thursday.
Five days earlier, Trump ordered the deployment to Chicago.
Her earlier decision came as 200 members of the Texas National Guard arrived at the Immigration and Customs Enforcement facility in the south Chicago suburb of Broadway. People opposed to the ICE presence have protested there.
The deployment also included 300 members of the Illinois National Guard and 16 troops from California.
Perry had found there was “no credible evidence that there is a danger of rebellion in the state of Illinois.” She said the Department of Homeland Security’s information of protests are “unreliable.”
On Thursday, the three-judge 7th Circuit Court of Appeals backed Perry’s ruling, writing that “political opposition is not rebellion.”
The Trump administration accused the appeals judges of “judicially micromanaging the exercise of the President’s Commander-in-Chief powers.”
The federal government filed an emergency appeal to the high court.
Originally, Department of Justice lawyers proposed extending that order another 30 days in a Tuesday filing.
But because a temporary restraining order can only be extended once, the judge warned Wednesday that “whatever extension we make has to be the right one” to prevent a gap in judicial orders “that would allow troops be deployed on the streets.”
In a filing Friday to the Supreme Court, U.S. Solicitor General John Sauer said the judicial branch has no right to “second guess” a president’s judgment on national security or military actions. He said the guard is needed to protect federal immigration agents and property from protesters.
Even if the high court stays Perry’s temporary restraining order, the state would seek a “quick trial” or other expedited injunction hearing, Illinois Attorney General Kwame Raoul’s office said.
In Portland, Ore., an expedited trial is planned for next week after the 9th Circuit Court of Appeals on Monday overturned another temporary restraining order by U.S. District Judge Karin Immergut, a Trump appointee, blocking National Guard deployment there.
On Wednesday night, the Trump administration asked the full circuit not to examine the three-judge ruling.
The district judge in Oregon is planning a hearing on Friday to consider whether to dissolve or suspend the temporary restraining order.
The Trump administration is planning to send dozens of federal agents to San Francisco on Thursday, a source told CNN.
His lawyers filed an emergency appeal urging the court to set aside rulings of judges in Chicago and hold that National Guard troops are needed to protect U.S. immigration agents from hostile protesters.
The case escalates the clash between Trump and Democratic state officials over immigration enforcement and raises again the question of using military-style force in American cities. Trump’s lawyers have repeatedly gone to the Supreme Court and won quick rulings when lower-court judges have blocked his actions.
Federal law authorizes the president to call into service the National Guard if he cannot “execute the laws of the United States” or faces “a rebellion or danger of rebellion against the authority” of the U.S. government.
“Both conditions are satisfied here,” Trump’s lawyer said.
Judges in Chicago came to the opposite conclusion. U.S. District Judge April Perry saw no “danger of rebellion” and said the laws were being enforced. She accused Trump’s lawyers of exaggerating claims of violence and equating “protests with riots.”
She handed down a restraining order on Oct. 9, and the 7th Circuit Court agreed to keep it in force.
But Trump’s lawyers insisted that protesters and demonstrators were targeting U.S. immigration agents and preventing them from doing their work.
“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law, the President lawfully determines that he is unable to enforce the laws of the United States with the regular forces and calls up the National Guard to defend federal personnel, property, and functions in the face of ongoing violence,” Solicitor Gen. D. John Sauer wrote in a 40-page appeal.
He argued that historically the president has had the full authority to decide on whether to call up the militia. Judges may not second-guess the president’s decision, he said.
“Any such review [by judges] must be highly deferential, as the 9th Circuit has concluded in the Newsom litigation,” referring to the ruling that upheld Trump’s deployment of the National Guard in Los Angeles.
Trump’s lawyer said the troop deployment to Los Angeles had succeeded in reducing violence.
“Notwithstanding the Governor of California’s claim that deployment of the National Guard to Los Angeles would ‘escalat[e]’ the ongoing violence that California itself had failed to prevent … the President’s action had the opposite, intended effect. In the face of federal military force, violence in Los Angeles decreased and the situation substantially improved,” he told the court.
But in recent weeks, “Chicago has been the site of organized and often violent protests directed at ICE officers and other federal personnel engaged in the execution of federal immigration laws,” he wrote. “On multiple occasions, federal officers have also been hit and punched by protesters. … Rioters have targeted federal officers with fireworks and have thrown bottles, rocks, and tear gas at them.”
“More than 30 [DHS] officers have been injured during the assaults on federal law enforcement” at the Broadview facility alone, resulting in multiple hospitalizations, he wrote.
Officials in Illinois blamed aggressive enforcement actions of ICE agents for triggering the protests.
Sauer also urged the court to hand down an immediate order that would freeze Perry’s rulings.
The court asked for a response from Illinois officials by Monday.
Members of the Coalition for Humane Immigrant Rights United Teachers L.A., Unite Here Local 11 and many other unions and immigrant rights groups march to the Little Tokyo section of Los Angeles on October 4. A federal judge in Chicago ordered ICE agents to wear body cameras when interacting with protestors. Photo by Jim Ruymen/UPI | License Photo
Oct. 16 (UPI) — A federal judge in Chicago ruled Thursday that immigration agents must begin wearing body cameras to record their actions during enforcement operations.
U.S. District Judge Sara Ellis issued the order in federal court in Chicago after reports of immigration agents clashing with residents of the city’s Southeast Side, incidents that ended with officers spraying people with tear gas and other chemical agents.
Ellis’ decision comes following a temporary restraining order that she issued on Oct. 9 restricting immigration agents’ use of non-lethal weapons on civilians.
“I am profoundly disappointed about what has been happening over the last week since I entered this order,” Ellis said, the Chicago Sun Times reported. “I live in Chicago, if folks haven’t noticed, and I’m not blind, right? So, I don’t live in a cave. I have a phone. I have a TV. I have a computer and I tend to get news.”
Ellis said she believes the Trump administration is not following her orders to stand down on the clashes, which is causing her “serious concerns,” she said.
Ellis said Thursday that she will expand her restraining order to require all federal agents who are part of Operation Midway Blitz, and who wear body cameras, to have them on when encountering protesters.
She initially required all immigration agents to wear body cameras, but moderated after a Trump administration attorney said equipping all officers to wear cameras was logistically impossible and would be cost prohibitive.
The Justice Department continued in opposition, saying it would be challenging to review body camera footage of every officer in response to every allegation.
Ellis issued the restraining order after a group of local journalists and protesters sued the Trump administration, alleging that agents targeted people engaging in peaceful protests, including multiple reporters who claimed they were shot with pepper balls despite being identified as members of the media.
Ellis ordered a Homeland Security official to appear in court on Monday to discuss the matter.
According to local reports, Ellis ordered a top Homeland Security official to appear in court on Monday to address the issue.
CHICAGO — Federal immigration officers in the Chicago area will be required to wear body cameras, a judge said Thursday after seeing tear gas and other aggressive steps used against protesters.
U.S. District Judge Sara Ellis said she was a “little startled” after seeing TV images of clashes between agents and the public during President Donald Trump’s administration’s immigration crackdown.
“I live in Chicago if folks haven’t noticed,” she said. “And I’m not blind, right?”
Community efforts to oppose U.S. Immigration and Customs Enforcement have ramped up in the nation’s third-largest city, where neighborhood groups have assembled to monitor ICE activity and film incidents involving agents. More than 1,000 immigrants have been arrested since September.
Separately, the Trump administration has tried to deploy National Guard troops, but the strategy was halted last week by a different judge.
Ellis last week said agents in the area must wear badges, and she banned them from using certain riot control techniques against peaceful protesters and journalists.
“I’m having concerns about my order being followed,” the judge said.
“I am adding that all agents who are operating in Operation Midway Blitz are to wear body-worn cameras, and they are to be on,” Ellis said, referring to the government’s name for the crackdown.
U.S. Justice Department attorney Sean Skedzielewski laid blame with “one-sided and selectively edited media reports.” He also said it wouldn’t be possible to immediately distribute cameras.
“I understand that. I would not be expecting agents to wear body-worn cameras they do not have,” Ellis said, adding that the details could be worked out later.
She said the field director of the enforcement effort must appear in court Monday.
In 2024, Immigration and Customs Enforcement began deploying about 1,600 body cameras to agents assigned to Enforcement and Removal Operations.
At the time, officials said they would be provided to agents in Baltimore, Philadelphia, Washington, Buffalo, New York and Detroit. Other Homeland Security Department agencies require some agents to wear cameras. U.S. Customs and Border Protection has released body-camera video when force has been used by its agents or officers.
Oct. 15 (UPI) — A federal judge on Wednesday ordered the Trump administration to halt firings of workers amid the shutdown, according to two labor unions that brought the lawsuit against the federal government.
The Trump administration on Friday announced that it has begun laying off 4,100 federal workers as the federal purse has run dry with Congress since Oct. 1, failing to pass a stopgap funding bill to keep the government open.
On Sept. 30, ahead of the shutdown and amid Trump administration threats to institute mass firings if the government shuttered, the American Federation of Government Employees, with the American Federation of State, County and Municipal Employees, filed a lawsuit challenging the legality of the layoffs.
Then on Oct. 4, the union filed a motion for a temporary restraining order.
On Wednesday, Judge Susan Illston of the U.S. District Court for the Northern District of California sided with the unions, issuing the temporary restraining order they sought, stating that the reduction-in-force notices issued to the more than 4,000 federal employees were likely illegal, exceeded the Trump administration’s authority and were capricious.
In her order, the appointee of President Bill Clinton described Trump’s mass firings amid a government shutdown as “unprecedented.”
Illston outlined how some employees could not even find out if they had been fired because the notices were sent to government email accounts, which they may not have access to because of the shutdown.
Those who do receive the notices are then unable to prepare for their terminations because human resources staff have been furloughed, she said, adding that in one case at the U.S. Centers for Disease Control and Prevention, human resources staff were brought back into the office to issue the layoff notices only to then be directed to lay themselves off.
She then said, citing a social media post from the president on the second day of the shutdown, saying he had a meeting with Russell Vought, the White House budget chief, to determine which of the many “Democrat Agencies” to cut that Trump intended to make the cut as retribution over the Democrats opposing the funding measure.
“It is also far from normal for an administration to fire line-level civilian employees during a a government shutdown as a way to punish the opposing political party,” Illston wrote. “But this is precisely what President Trump has announced he is doing.”
Illston gave the administration two days to provide the court with more information on the issued notices.
“This decision affirms that these threatened mass firings are likely illegal and blocks layoff notices from going out,” Lee Saunders, president of AFSCME, said in a statement.
“Federal workers have already faced enough uncertainty from the administration’s relentless attacks on the important jobs they do to keep us safe and healthy.”
As the order was issued, Vought said that he expects thousands of federal workers to be fired in the coming days.
“Much of the reporting has been based on kind of court snapshots, which they have articulated as in the 4,000 number of people,” he said on The Charlie Kirk Show podcast. “But that’s just a snapshot, and I think it’ll get much higher. And we’re going to keep those RIFs rolling throughout the shutdown.”
The government shut down at the start of this month amid a political stalemate in Congress, as the Republicans do not have enough votes to pass their stopgap bill without Democrats crossing the aisle.
Democrats said they will only support a stopgap bill that extends and restores Affordable Care Act premium tax credits, arguing that failing to do so would raise healthcare costs for some 20 million Americans.
Republicans — who control the House, Senate and the presidency — are seeking a so-called clean funding bill that includes no changes. They argue that the Democrats are fighting to provide undocumented migrants with taxpayer-funded healthcare, even though federal law does not permit them to receive Medicaid or ACA premium tax credits.
The parties continue to trade blame for the shutdown as it extends for more than two weeks, with some 750,000 federal workers furloughed.
Oct. 15 (UPI) — A federal judge on Wednesday ordered the Trump administration to halt firings of workers amid the shutdown, according to two labor unions that brought the lawsuit against the federal government.
The Trump administration on Friday announced that it has begun laying off 4,100 federal workers as the federal purse has run dry with Congress since Oct. 1, failing to pass a stopgap funding bill to keep the government open.
On Sept. 30, ahead of the shutdown and amid Trump administration threats to institute mass firings if the government shuttered, the American Federation of Government Employees, with the American Federation of State, County and Municipal Employees, filed a lawsuit challenging the legality of the layoffs.
Then on Oct. 4, the union filed a motion for a temporary restraining order.
On Wednesday, Judge Susan Illston of the U.S. District Court for the Northern District of California sided with the unions, issuing the temporary restraining order they sought, stating that the reduction-in-force notices issued to the more than 4,000 federal employees were likely illegal, exceeded the Trump administration’s authority and were capricious.
In her scathing rebuke of the Trump administration, the appointee of President Bill Clinton described Trump’s mass firings amid a government shutdown as “unprecedented.”
In her order, she outlined how some employees could not even find out if they had been fired because the notices were sent to government email accounts, which they may not have access to because of the shutdown.
Those who do receive the notices are then unable to prepare for their terminations because human resources staff have been furloughed, she said, adding that in one case at the U.S. Centers for Disease Control and Prevention, human resources staff were brought back into the office to issue the layoff notices only to then be directed to lay themselves off.
She then chastised the Trump administration for carrying out the layoffs to punish the Democratic Party, which it blames for the shutdown.
“But this is precisely what President Trump has announced he is doing,” she said, pointing to a social media post from the president on the second day of the shutdown saying he had a meeting with Russell Vought, the White House budget chief, to determine which of the many “Democrat Agencies” to cut.
“I can’t believe the Radical Left Democrats gave me this unprecedented opportunity,” Trump wrote in the Oct. 2 post, which was quoted in full in Illston’s order.
Illston gave the administration two days to provide the court with more information on the issued notices.
“This decision affirms that these threatened mass firings are likely illegal and blocks layoff notices from going out,” Lee Saunders, president of AFSCME, said in a statement.
“Federal workers have already faced enough uncertainty from the administration’s relentless attacks on the important jobs they do to keep us safe and healthy.”
As the order was issued, Vought said that he expects thousands of federal workers to be fired in the coming days.
“Much of the reporting has been based on kind of court snapshots, which they have articulated as in the 4,000 number of people,” he said on The Charlie Kirk Show podcast. “But that’s just a snapshot, and I think it’ll get much higher. And we’re going to keep those RIFs rolling throughout the shutdown.”
The government shut down at the start of this month amid a political stalemate in Congress, as the Republicans do not have enough votes to pass their stopgap bill without Democrats crossing the aisle.
Democrats said they will only support a stopgap bill that extends and restores Affordable Care Act premium tax credits, arguing that failing to do so would raise healthcare costs for some 20 million Americans.
Republicans — who control the House, Senate and the presidency — are seeking a so-called clean funding bill that includes no changes. They argue that the Democrats are fighting to provide undocumented migrants with taxpayer-funded healthcare, even though federal law does not permit them to receive Medicaid or ACA premium tax credits.
The parties continue to trade blame for the shutdown as it extends for more than two weeks, with some 750,000 federal workers furloughed.
A federal judge said the layoffs by the administration of US President Donald Trump seem politically motivated and ‘you can’t do that in a nation of laws’.
Published On 15 Oct 202515 Oct 2025
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A United States federal judge in California has ordered President Donald Trump’s administration to halt mass layoffs during a partial government shutdown while she considers claims by unions that the job cuts are illegal.
During a hearing in San Francisco on Wednesday, US District Judge Susan Illston granted a request by two unions to block layoffs at more than 30 agencies pending further litigation.
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Her ruling came shortly after White House Budget Director Russell Vought said on “The Charlie Kirk Show” that more than 10,000 federal workers could lose their jobs because of the shutdown, which entered its 15th day on Wednesday.
Illston at the hearing cited a series of public statements by Trump and Vought that she said showed explicit political motivations for the layoffs, such as Trump saying that cuts would target “Democrat agencies”.
“You can’t do that in a nation of laws. And we have laws here, and the things that are being articulated here are not within the law,” said Illston, an appointee of Democratic former President Bill Clinton, adding that the cuts were being carried out without much thought.
“It’s very much ready, fire, aim on most of these programs, and it has a human cost,” she said. “It’s a human cost that cannot be tolerated.”
Illston said she agreed with the unions that the administration was unlawfully using the lapse in government funding that began October 1 to carry out its agenda of downsizing the federal government.
A US Department of Justice lawyer, Elizabeth Hedges, said she was not prepared to address Illston’s concerns about the legality of the layoffs. She instead argued that the unions must bring their claims to a federal labour board before going to court.
‘Won’t negotiate’
The judge’s decision came after federal agencies on Friday started issuing layoff notices aimed at reducing the size of the federal government. The layoff notices are part of an effort by Trump’s Republican administration to exert more pressure on Democratic lawmakers as the government shutdown continues.
Democratic lawmakers are demanding that any deal to reopen the federal government address their healthcare demands. Republican House Speaker Mike Johnson predicted the shutdown may become the longest in history, saying he “won’t negotiate” with Democrats until they hit pause on those demands and reopen.
Democrats have demanded that healthcare subsidies, first put in place in 2021 and extended a year later, be extended again. They also want any government funding bill to reverse the Medicaid cuts in Trump’s big tax breaks and spending cuts bill that was passed earlier this year.
About 4,100 workers at eight agencies have been notified that they are being laid off so far, according to a Tuesday court filing by the administration.
The Trump administration has been paying the military and pursuing its crackdown on immigration while slashing jobs in health and education, including in special education and after-school programmes. Trump said programmes favoured by Democrats are being targeted and “they’re never going to come back, in many cases.”
The American Federation of Government Employees and American Federation of State, County, and Municipal Employees claim that implementing layoffs is not an essential service that can be performed during a lapse in government funding, and that the shutdown does not justify mass job cuts because most federal workers have been furloughed without pay.
SAN FRANCISCO — A federal judge blocked the Trump administration Wednesday from firing thousands of government workers based on the ongoing federal shutdown, granting a request from employee unions in California.
U.S. District Judge Susan Illston issued the temporary restraining order after concluding that the unions “will demonstrate ultimately that what’s being done here is both illegal and is in excess of authority and is arbitrary and capricious.”
Illston slammed the Trump administration for failing to provide her with clear information about what cuts are actually occurring, for repeatedly changing its description and estimates of job cuts in filings before the court, and for failing — including during Wednesday’s hearing in San Francisco — to articulate an argument for why such cuts are not in violation of federal law.
“The evidence suggests that the Office of Management and Budget, OMB, and the Office of Personnel Management, OPM, have taken advantage of the lapse in government spending and government functioning to assume that all bets are off, that the laws don’t apply to them anymore,” Illston said — which she said was not the case.
She said the government justified providing inaccurate figures for the number of jobs being eliminated under its “reduction in force” orders by calling it a “fluid situation” — which she did not find convincing.
“What it is is a situation where things are being done before they are being thought through. It’s very much ready, fire, aim on most of these programs,” she said. “And it has a human cost, which is really why we’re here today. It’s a human cost that cannot be tolerated.”
Illston also ran through a string of recent comments made by President Trump and other members of his administration about the firings and their intentionally targeting programs and agencies supported by Democrats, saying, “By all appearances, they’re politically motivated.”
The Trump administration has acknowledged dismissing about 4,000 workers under the orders, while Trump and other officials have signaled that more would come Friday.
Office of Management and Budget Director Russell Vought said Wednesday on “The Charlie Kirk Show” that the number of jobs cut could “probably end up being north of 10,000,” as the administration wants to be “very aggressive where we can be in shuttering the bureaucracy, not just the funding,” and the shutdown provided that opportunity.
Attorneys for the unions, led by the American Federation of Government Employees, said that the figures were unreliable and that they feared additional reduction in force orders resulting in more layoffs, as promised by administration officials, if the court did not step in and block such actions.
Illston, an appointee of President Clinton, did just that.
She barred the Trump administration and its various agencies “from taking any action to issue any reduction in force notices to federal employees in any program, project or activity” involving union members “during or because of the federal shutdown.”
She also barred the administration from “taking any further action to administer or implement” existing reduction notices involving union members.
Illston demanded that the administration provide within two days a full accounting of all existing or “imminent” reduction in force orders that would be blocked by her order, as well as the specific number of federal jobs affected.
Elizabeth Hedges, an attorney for the Trump administration, had argued during the hearing that the order should not be granted for several procedural reasons — including that the alleged harm to federal employees from loss of employment or benefits was not “irreparable” and could be addressed through other avenues, including civil litigation.
Additionally, she argued that federal employment claims should be adjudicated administratively, not in district court; and that the reduction in force orders included 60-day notice periods, meaning the layoffs were not immediate and therefore the challenge to them was not yet “ripe” legally.
However, Hedges would not discuss the case on its actual merits — which is to say, whether the cuts were actually legal or not, which did not seem to sit well with Illston.
“You don’t have a position on whether it’s OK that they do what they’re doing?” Illston asked.
“I am not prepared to discuss that today, your honor,” Hedges said.
“Well — but it’s happening. This hatchet is falling on the heads of employees all across the nation, and you’re not even prepared to address whether that’s legal, even though that’s what this motion challenges?” Illston said.
“That’s right,” Hedges said — stressing again that there were “threshold” arguments for why the case shouldn’t even be allowed to continue to the merits stage.
Danielle Leonard, an attorney for the unions, suggested the government’s positions were indefensible and directly in conflict with public statements by the administration — including remarks by Trump on Tuesday that more cuts are coming Friday.
“How do we know this? Because OMB and the president relentlessly are telling us, and other members of the administration,” Leonard said.
Leonard said the harm from the administration’s actions is obvious and laid out in the union’s filings — showing how employees have at times been left in the dark as to their employment status because they don’t have access to work communication channels during the shutdown, or how others have been called in to “work without pay to fire their fellow employees” — only to then be fired themselves.
“There are multiple types of harm that are caused exactly right now — emotional trauma. That’s not my word, your honor, that is the word of OMB Director Vought. Let’s cause ‘trauma’ to the federal workforce,” Leonard said. “And that’s exactly what they are doing. Trauma. The emotional distress of being told you are being fired after an already exceptionally difficult year for federal employees.”
Skye Perryman, president and chief executive of Democracy Forward, which is co-counsel for the unions, praised Illston’s decision in a statement after the hearing.
“The statements today by the court make clear that the President’s targeting of federal workers — a move straight out of Project 2025’s playbook — is unlawful,” Perryman said. “Our civil servants do the work of the people, and playing games with their livelihoods is cruel and unlawful and a threat to everyone in our nation.”
Illston asked the two parties to confer on the best date, probably later this month, for a fuller hearing on whether she should issue a more lasting preliminary injunction in the case.
“It would be wonderful to know what the government’s position is on the merits of this case — and my breath is bated until we find that,” Illston said.
After the hearing, during a White House news conference, Trump said his administration was paying federal employees whom “we want paid” while Vought uses the shutdown to dismiss employees perceived as supporting Democratic initiatives.
“Russell Vought is really terminating tremendous numbers of Democrat projects — not only jobs,” Trump said.
CHICAGO — Cook County’s top judge signed an order barring ICE from arresting people at court. Cook County includes Chicago, which has seen a federal immigration crackdown in recent months.
Detaining residents outside courthouses has been a common tactic for federal agents, who have been stationed outside county courthouses for weeks, making arrests and drawing crowds of protesters.
The order, which was signed Tuesday night and took effect Wednesday, bars the civil arrest of any “party, witness, or potential witness” while going to court proceedings. It includes arrests inside courthouses and in parking lots, surrounding sidewalks and entryways.
“The fair administration of justice requires that courts remain open and accessible, and that litigants and witnesses may appear without fear of civil arrest,” the order states.
The U.S. Department of Homeland Security defended the practice of making arrests at courthouses, calling it “common sense.”
“We aren’t some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law,” DHS said in a Wednesday statement. “Nothing in the constitution prohibits arresting a lawbreaker where you find them.”
Local immigration and legal advocates, including the county’s public defender’s office, have called for an order like this, saying clients were avoiding court out of fear of being detained. The office has confirmed at least a dozen immigration arrests at or near county courthouses since the end of July, when representatives said they’ve seen U.S. Immigration and Customs Enforcement’s presence outside courthouses increase.
“I have had numerous conversations with clients who are presented with a difficult decision of either missing court and receiving an arrest warrant or coming to court and risk being arrested by ICE,” Cruz Rodriguez, an assistant public defender with the office’s immigration division, said at a news conference earlier this month.
Domestic violence advocacy organizations also signed on to a petition earlier this month calling for Cook County Circuit Chief Judge Timothy Evans to issue the order. This comes after advocates said a woman was was arrested by ICE last month while entering the domestic violence courthouse.
Alexa Van Brunt, director of MacArthur Justice Center’s Illinois office, which filed the petition, said she was “gratified” by Evans’ order.
“This is a necessary and overdue action to ensure that the people of Cook County can access the courts without fear,” she said in a Wednesday statement to the Associated Press.
Evans said justice “depends on every individual’s ability to appear in court without fear or obstruction.”
“Our courthouses remain places where all people — regardless of their background or circumstance — should be able to safely and confidently participate in the judicial process,” Evans said in a statement.
ICE tactics outside courthouses seen across country
The tactic of detaining people at courthouses in the Chicago area is part of a larger jump in courthouse immigration arrests across the country. The flurry of immigration enforcement operations at courthouses has been condemned by judicial officials and legal organizations, and has drawn lawsuits from some states and the adoption of bills seeking to block the practice.
In June, President Donald Trump’s administration sued the state of New York over a 2020 law barring federal immigration agents from making arrests at state, city and other municipal courthouses.
Statehouse Democrats vow to adopt resolutions condemning federal immigration crackdown
Opening the second day of the six-day fall legislative session in Springfield, Ill., House Speaker Emanuel “Chris” Welch decried the federal government’s immigration squeeze and vowed that his majority Democrats would use floor time Wednesday to adopt resolutions condemning the action.
“We won’t sit back and let our democracy be taken from us,” Welch said at the Capitol, surrounded by two dozen of his caucus members
Questioned about the practical impact of resolutions, Welch said there also are discussions about legislation to restrict federal agents’ patrol statewide. He lambasted reports of ICE arrests in medical facilities and applauded Evans’ ruling prohibiting warrantless arrests near courthouses.
“If we can do something similar statewide, I’d love to get that done,” Welch said. “These should be safe spaces.”
Republicans questioned their opponents’ sincerity. Debating a resolution condemning political violence, GOP Rep. Adam Niemerg noted incendiary language from Gov. JB Pritzker — in the spring he called for “street fighters” to oppose the administration — although the governor has not espoused violence. Rep. Nicole La Ha, who said she has received death threats, accused Democrats of trying to stifle opposition.
“This is not a stand against violence,” La Ha said. “It is a tasteless tactic to punish dissent and difference of opinion.”
Illinois governor denounces tear gas use on protesters
Meanwhile, Pritzker suggested federal agents may have violated a ruling by a federal judge last week that said they could not use tear gas, pepper spray and other weapons on journalists and peaceful protesters after a coalition of news outlets and protesters sued over the actions of federal agents during protests outside a Chicago-area ICE facility. Pritzker said he expected the attorneys involved to “go back to court to make sure that is enforced against ICE”
“ICE is causing this mayhem,” he said. “They’re the ones throwing tear gas when people are peacefully protesting.”
The comments also come after Pritzker denounced Border Patrol agents for using tear gas on protesters who gathered Tuesday after a high-speed chase on a residential street on Chicago’s South Side.
A few protesters also gathered Wednesday afternoon outside an ICE facility in the west Chicago suburb of Broadview, where a fence that has been at the center of a recent lawsuit had come down.
A judge ordered ICE to remove the fence after the village of Broadview sued federal authorities for “illegally” erecting an 8-foot-tall fence outside the facility, blocking public streets and creating problems for local emergency services trying to access the area. On Monday, state legislators and Black mayors of nearby suburbs gathered outside the facility to demand the fence be removed and announce an executive order limiting protests in the area to designated zones. Trump has long targeted Black mayors in large Democratic cities, many of whom have voiced solidarity with one another in recent months amid federal interventions in their areas.
Community efforts to oppose ICE have also ramped up in the nation’s third-largest city, where neighborhood groups have assembled to monitor ICE activity and film any incidents involving federal agents in their areas.
On Tuesday, hundreds of people attended “Whistlemania” events across the city and made thousands of “whistle kits” with whistles, “Know Your Rights” flyers and instructions on how to use them to alert neighbors of when immigration enforcement agents are nearby.
An increasing number of GoFundMe pages have also been launched to pay for legal costs for community members detained by ICE, most recently a landscaper and father of three children detained earlier this month.
Fernando writes for the Associated Press. AP writer John O’Connor in Springfield contributed.
ROME — The Vatican took the unusual step on Monday of announcing that it had named judges to decide the fate of a famous ex-Jesuit artist, whose mosaics decorate basilicas around the world and who was accused by more than two dozen women of sexual, spiritual and psychological abuse.
The case of the Rev. Marko Ivan Rupnik badly tarnished the legacy of Pope Francis, given suggestions that the Jesuit pope, the Jesuit religious order and the Jesuit-headed Vatican sex abuse office protected one of their own over decades by dismissing allegations of misconduct against him.
The Vatican office that manages clergy sex abuse cases, the Congregation for the Doctrine of the Faith, said that the five judges named to hear the Rupnik case in a canonical court include women and priests who don’t hold jobs in the Vatican bureaucracy.
It said that such a composition was “done in order to better guarantee, as in any judicial process, the autonomy and independence of the aforementioned court.”
The statement suggested an implicit recognition that prior to now, the Vatican’s handling of the Rupnik file had been anything but autonomous or independent.
Famous artist accused
Rupnik’s mosaics grace some of the Catholic Church’s most-visited shrines and sanctuaries around the world, including at the shrine in Lourdes, France, in the Vatican, a new basilica in Aparecida, Brazil, and the chapel of Pope Leo XIV’s own Augustinian religious order in Rome.
The Rupnik scandal first exploded publicly in late 2022 when Italian blogs started reporting the claims of nuns and other women who said they had been sexually, spiritually and psychologically abused by him, including during the production of his artwork.
Rupnik’s Jesuit religious order soon admitted that he had been excommunicated briefly in 2020 for having committed one of the Catholic Church’s most serious crimes — using the confessional to absolve a woman with whom he had engaged in sexual activity. But he continued working and preaching.
The case continued to create problems for the Jesuits and Francis, though, since more women came forward saying they too had been victimized by Rupnik, with some of their claims dating back to the 1990s.
The Jesuits eventually kicked him out of the order after he refused to respond to allegations by about 20 women, most of whom were members of a Jesuit-inspired religious community that he co-founded in his native Slovenia, which has since been suppressed.
The Vatican initially refused to prosecute, arguing the women’s claims were too old. The stall exposed both the Vatican’s legal shortcomings, where sex crimes against women are rarely prosecuted, and the suggestion that a famous artist like Rupnik had received favorable treatment.
Trial about to start
While Francis denied interfering in a 2023 interview with the Associated Press, he eventually caved to public pressure and waived the statute of limitations so that the Vatican could open a proper canonical trial.
Two years later, the Vatican statement on Monday indicated that the trial was about to start. The judges, appointed on Oct. 9, will use the church’s in-house canon law to determine Rupnik’s fate, though it’s still not even clear what alleged canonical crimes he is accused of committing. The Vatican statement didn’t say. He hasn’t been charged criminally.
To date, Rupnik hasn’t responded publicly to the allegations and refused to respond to his Jesuit superiors during their investigation. His supporters at his Centro Aletti art studio have denounced what they have called a media “lynching.”
Some of Rupnik’s victims have gone public to demand justice, including in a documentary “Nuns vs. The Vatican” that premiered last month at the Toronto International Film Festival. They welcomed word on Monday that the trial would finally start, attorney Laura Sgro said.
“My five clients requested 18 months ago to be recognized as injured parties in the proceedings, so we hope that their position will be established as soon as possible,” Sgro said in a statement. “They have been waiting for justice for too many years, and justice will be good not only for them but also for the church itself.”
The Catholic Church’s internal legal system doesn’t recognize victims of abuse as parties to a canonical trial but merely third-party witnesses. Victims have no right to participate in any proceedings or have access to any documentation.
At most, they are entitled to learn the judges’ verdict. Unlike a regular court, where jail time is possible, canonical penalties can include sanctions such as restrictions from celebrating Mass or even presenting oneself as a priest, if the judges determine a canonical crime has occurred.
Legal hurdles to justice
But it’s not even clear whether the Vatican considers the women to be abuse “victims” in a legal sense. While the Holy See over the last 25 years has refined the canonical rules to prosecute priests who sexually abuse minors, it has rarely prosecuted sex-related abuse cases involving women, contending that any sexual activity between adults is consensual.
The Rupnik case, though, also involves allegations of spiritual and psychological abuse in relations where there was an imbalance of power. It’s one of many such #MeToo cases in the church where women have said they fell prey to revered spiritual gurus who used their power and authority to manipulate them for sexual and other ends.
The Vatican, though, has generally refused to prosecute such cases or address this type of abuse in any canonical revisions, though Francis authorized a study group to look into allegations of “false mysticism” before he died.
Leo has expressed concern in general that accused priests receive due process. But he had firsthand experience dealing with an abusive group in Peru that targeted adults as well as minors, including through spiritual abuse and abuse of conscience.
In a letter earlier this year to a Peruvian journalist who exposed the group’s crimes, Leo called for a culture of prevention in the church “that does not tolerate any form of abuse — whether of power or authority, conscience or spiritual, or sexual.”
A judge temporarily blocked California Atty. Gen. Rob Bonta’s attempt to take over Los Angeles County’s beleaguered juvenile halls on Friday, finding that despite evidence of a “systemic failure” to improve poor conditions, Bonta had not met the legal grounds necessary to strip away local control.
After years of scandals — including frequent drug overdoses and incidents of staff violence against youths — Bonta filed a motion in July to place the county’s juvenile halls in “receivership,” meaning a court-appointed monitor would manage the facilities, set their budgets and oversee the hiring and firing of staff. An ongoing staffing crisis previously led a state oversight body to deem two of L.A. County’s halls unfit to house children.
L.A. County entered into a settlement with the California Department of Justice in 2021 to mandate improvements, but oversight bodies and a Times investigation earlier this year found the Probation Department was falling far short of fixing many issues, as required by the agreement.
On Friday, Los Angeles County Superior Court Judge Peter A. Hernandez chastised Bonta for failing to clearly lay out tasks for the Probation Department to abide by in the 2021 settlement. Hernandez said the attorney general’s office’s filings failed to show that a state takeover would lead to “a transformation of the juvenile halls.”
The steps the Probation Department needs to take to meet the terms of the settlement have been articulated in court filings and reports published by the L.A. County Office of the Inspector General for several years. Hernandez was only assigned to oversee the settlement in recent months and spent much of Friday’s hearing complaining about a lack of “clarity” in the case.
Hernandez wrote that Bonta’s motion had set off alarm bells about the Probation Department’s management of the halls.
“Going forward, the court expects all parties to have an ‘all-hands’ mentality,” the judge wrote in a tentative ruling earlier this week, which he adopted Friday morning.
Hernandez said he would not rule out the possibility of a receivership in the future, but wanted more direct testimony from parties, including Probation Department Chief Guillermo Viera Rosa and the court-appointed monitor over the settlement, Michael Dempsey. A hearing was set for Oct. 24.
The attorney general’s office did not immediately respond to a request for comment.
“The Department remains fully committed to making the necessary changes to bring our juvenile institutions to where they need to be,” Vicky Waters, the Probation Department’s chief spokesperson, said in a statement. “However, to achieve that goal, we must have both the authority and support to remove barriers that hinder progress rather than perpetuate no-win situations.”
The California attorney general’s office began investigating L.A. County’s juvenile halls in 2018 and found probation officers were using pepper spray excessively, failing to provide proper educational and therapeutic programming and detaining youths in solitary confinement for far too long.
Bonta said in July that the county has failed to improve “75%” of what they were mandated to change in the 2021 settlement.
A 2022 Times investigation revealed a massive staffing shortage was leading to significant injuries for both youths and probation officers. By May of 2023, the California Board of State and Community Corrections ordered Barry J. Nidorf Juvenile Hall in Sylmar shuttered due to unsafe conditions. That same month, an 18-year-old died of an overdose while in custody.
The county soon reopened Los Padrinos Juvenile Hall in Downey, but the facility quickly became the site of a riot, an escape attempt and more drug overdoses. Last year, the California attorney general’s office won indictments against 30 officers who either orchestrated or allowed youths to engage in “gladiator fights.” That investigation was sparked by video of officers allowing eight youths to pummel another teen inside Los Padrinos, which has also been deemed unfit to house youths by a state commission.
In court Friday, Laura Fair, an attorney from the attorney general’s office, said that while she understood Hernandez’s position, she expressed concern that teens are still in danger while in the Probation Department’s custody.
“The youth in the halls continue to be in grave danger and continue to suffer irreparable harm every day,” she said.
She declined to comment further outside the courtroom. Waters, the Probation Department’s spokesperson, said she was unaware of the situation Fair was describing but would look into it.
Despite the litany of fiascoes over the last few years, probation leaders still argued in court filings that Bonta had gone too far.
“The County remains open to exploring any path that will lead to better outcomes. But it strongly opposes the DOJ’s ill-conceived proposal, which will only harm the youth in the County’s care by sowing chaos and inconsistency,” county lawyers wrote in an opposition motion submitted last month. “The DOJ’s request is almost literally without precedent. No state judge in California history has ever placed a correctional institution into receivership.”
Under the leadership of Viera Rosa, who took office in 2023, the Probation Department has made improvements to its efforts to keep drugs out of the hall, rectify staffing issues and hold its own officers accountable for misconduct, the county argued.
The department has placed “airport-grade” body scanners and drug-sniffing dogs at the entrances to both Nidorf and Los Padrinos in order to stymie the influx of narcotics into the halls, according to Robert Dugdale, an attorney representing the county.
Dugdale also touted the department’s hiring of Robert Arcos, a former high-ranking member of the Los Angeles Police Department and L.A. County district attorney’s office, to oversee security in the facilities.
The motion claimed it was the Probation Department that first uncovered the evidence that led to the gladiator fight prosecutions. Bonta said in March that his office launched its investigation after it reviewed leaked footage of one of the incidents.
Illinois urged a judge Thursday to order the National Guard to stand down in the Chicago area, calling the deployment a constitutional crisis and suggesting the Trump administration gave no heed to the pending legal challenge when it sent troops overnight to an immigration enforcement building.
The government “plowed ahead anyway,” attorney Christopher Wells of the state attorney general office said. “Now, troops are here.”
Wells’ arguments opened an extraordinary hearing in federal court in Chicago. The city and the state, run by Democratic elected leaders, say President Trump has vastly exceeded his authority and ignored their pleas to keep the Guard off the streets.
Heavy public turnout at the downtown courthouse caused officials to open an overflow room with a video feed of the hearing. Chicago Mayor Brandon Johnson got a seat in a corner of the courtroom.
Feds say Guard won’t solve all crime
U.S. Justice Department lawyer Eric Hamilton said the Chicago area was rife with “tragic lawlessness.” He pointed to an incident last weekend in which a Border Patrol vehicle was boxed in and an agent shot a woman in response.
“Chicago is seeing a brazen new form of hostility from rioters targeting federal law enforcement,” Hamilton said. “They’re not protesters. There is enough that there is a danger of a rebellion here, which there is.”
He said some people were wearing gas masks, a suggestion they were poised for a fight, but U.S. District Judge April Perry countered it might be justified to avoid tear gas at a U.S. Immigration and Customs Enforcement building in Broadview, outside Chicago.
“I, too, would wear a gas mask,” the judge said, “not because I’m trying to be violent but because I’m trying to protect myself.”
Hamilton also tried to narrow the issues. He said the Guard’s mission would be to protect federal properties and government law enforcers in the field — not “solving all of crime in Chicago.”
Guard on the ground at ICE site
Guard members from Texas and Illinois arrived this week at a U.S. Army Reserve Center in Elwood, southwest of Chicago. All 500 are under the U.S. Northern Command and have been activated for 60 days.
Some Guard troops could be seen behind portable fences at the Broadview ICE building. It has been the site of occasional clashes between protesters and federal agents, but the scene was peaceful, with few people present.
Wells, the lawyer for Illinois, described the impact of Trump’s immigration crackdown in Chicago, noting that U.S. citizens have been temporarily detained. He acknowledged the “president does have the power, and he’s using that power.”
“But that power is not unlimited,” Wells added, referring to the Guard deployment. “And this court can check that power.”
Perry told the parties to return to court late Thursday afternoon.
Guard on court docket elsewhere
Also Thursday, a federal appeals court heard arguments over whether Trump had the authority to take control of 200 Oregon National Guard troops. The president had planned to deploy them in Portland, where there have been mostly small nightly protests outside an ICE building.
U.S. District Judge Karin Immergut on Sunday granted a temporary restraining order blocking the move. Trump had mobilized California troops for Portland just hours after the judge first blocked him from using Oregon’s Guard.
Two dozen other states with a Democratic attorney general or governor signed a court filing in support of the legal challenge by California and Oregon. Twenty others, led by Iowa, backed the Trump administration.
The nearly 150-year-old Posse Comitatus Act limits the military’s role in enforcing domestic laws. However, Trump has said he would be willing to invoke the Insurrection Act, which allows a president to dispatch active duty military in states that are unable to put down an insurrection or are defying federal law.
Troops used in other states
Trump previously sent troops to Los Angeles and Washington. In Memphis, Tenn., Mayor Paul Young said troops would begin patrolling Friday. Tennessee Republican Gov. Bill Lee supports the role.
Police Chief Cerelyn “CJ” Davis said she hoped the Guard would be used to direct traffic and have a presence in retail corridors, but not used for checkpoints or similar activities.
Davis said she doesn’t want Memphis to “feel like there is this over-militarization in our communities.”
The Trump administration’s aggressive use of the Guard was challenged this summer in California, which won and lost a series of court decisions while opposing the policy of putting troops in Los Angeles, where they protected federal buildings and immigration agents.
A judge in September said the deployment was illegal. By that point, just 300 of the thousands of troops sent there remained on the ground. The judge did not order them to leave. The government later took steps to send them to Oregon.
Fernando and Thanawala write for the Associated Press. AP writers Ed White in Detroit, Geoff Mulvihill in Philadelphia and Adrian Sainz in Memphis, Tenn., contributed to this report.