u.s. district court

A federal judge in Tennessee warns Trump officials over statements about Kilmar Abrego Garcia

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.

Loller writes for the Associated Press.

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U.S. will consider new applications for DACA for the first time in years

For the first time in four years, the federal government plans to begin processing initial applications for DACA, the Obama-era program that grants deportation protection and work permits to immigrants brought to the U.S. as children.

The move, outlined in a proposal Monday by the Justice Department, would reopen DACA to first-time applicants in every state except Texas. The proposal was filed in response to an ongoing lawsuit in U.S. district court in Brownsville, Tex.

According to the filing, Texas residents who already have DACA could continue receiving protection from deportation but would no longer qualify for employment authorization.

Lawsuits over DACA, or Deferred Action for Childhood Arrivals, have been ongoing since President Trump moved to end the program during his first term.

Under the government’s proposal, DACA recipients who move into Texas would risk losing their legal ability to work, while moving out of Texas could allow them to resume qualifying for a two-year work permit.

The proposal is pending a final decision by U.S. District Court Judge Andrew Hanen.

“These proposals do not limit DHS from undertaking any future lawful changes to DACA,” the filing states.

The Department of Homeland Security did not respond to a request for comment.

Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream, said misinformation was circulating Tuesday on social media.

“We’ve seen a lot of folks saying initial applications will start right away. That’s not true,” she said. “The status quo stays. If you are a DACA recipient right now, even in Texas, if you can renew you should renew as soon as possible because then you have another two years.”

Other advocacy groups, such as the nonprofit Dreamers2gether, urged DACA recipients and hopeful applicants to leave Texas and file a change of address form with U.S. Citizenship and Immigration Services.

More than 525,000 immigrants are currently enrolled in DACA. Texas follows California in the ranking of states with the highest number of program enrollees, according to USCIS.

To qualify, applicants must prove they came to the U.S. before they turned 16 and have graduated from high school or were honorably discharged from the military. Applicants also cannot have serious criminal records.

But for years the program has sat in a state of uncertainty, stoking anxiety for many recipients, amid court battles that stopped applications from being processed and left many younger people who would have aged into qualifying for DACA instead vulnerable to deportation.

In this first term, Trump attempted to shut down the program, but the Supreme Court concluded in 2020 that his administration had acted improperly. The court did not rule on the program’s legality.

Because of the court battle, the program has been closed to new applicants since 2021, though current recipients could still renew their work permits.

Los Angeles resident Atziri Peña, 27, runs a clothing company called Barrio Drive that donates proceeds toward helping DACA recipients renew their applications.

Peña, who also has DACA, said she knows many people in Texas who are thinking about moving out of state. The latest news is another example of how the immigration system breaks families apart, she said.

“A lot of us who are DACA recipients, we don’t necessarily know what it was like to be undocumented before DACA, so most of us have careers that we won’t be able to continue,” Peña said.

United We Dream has recorded at least 19 current DACA recipients detained by immigration agents in recent months. In one case in Texas, immigration authorities have kept Catalina “Xochitl” Santiago detained despite an immigration judge saying she cannot be deported.

“It’s a way of making sure she can’t renew her DACA and then she becomes deportable,” said Macedo do Nascimento. In her view, the Department of Homeland Security’s attitude toward DACA recipients lately has diminished the protections it offers.

“The bigger picture here is DHS is moving onto a new policy on DACA anyway — without having to go through the courts, the rulemaking process or taking DACA away altogether,” she said. “They’re really trying to end the program piece by piece, recipient by recipient.”

Even so, immigrants across the country are looking forward to applying for DACA for the first time.

“While we could still get detained, it’s a little bit of a sense of safety and hope,” Peña said. “I have heard of people who are just waiting for DACA to reopen. But let’s see what happens and let’s hope they don’t use this as a way to catch more of us.”

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Trump files $15-billion defamation lawsuit against the New York Times

President Donald Trump filed a $15-billion defamation lawsuit against The New York Times and four of its journalists on Monday, according to court documents.

The lawsuit filed in U.S. District Court in Florida names several articles and one book written by two of the publication’s journalists and published in the lead up to the 2024 election, saying they are “part of a decades-long pattern by the New York Times of intentional and malicious defamation against President Trump.”

“Defendants published such statements negligently, with knowledge of the falsity of the statements, and/or with reckless disregard of their truth or falsity,” the lawsuit says.

The New York Times did not immediately respond to an email requesting comment early Tuesday.

In a Truth Social post announcing the lawsuit, Trump accused The New York Times of lying about him and defaming him, saying it has become “a virtual ‘mouthpiece’ for the Radical Left Democrat Party.”

Trump has gone after other media outlets, including filing a $10-billion defamation lawsuit against the The Wall Street Journal and media mogul Rupert Murdoch in July after the newspaper published a story reporting on his ties to wealthy financier Jeffrey Epstein.

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White House sues Maryland judges over order blocking migrant removal

The Trump administration has filed a lawsuit against federal judges in Maryland over an order that blocks the immediate removal of any detained immigrant who requests a court hearing.

The unusual suit filed Tuesday in Baltimore against the chief judge of the U.S. District Court in Maryland and the court’s other judges underscores the administration’s focus on immigration enforcement and ratchets up its fight with the judiciary.

At issue is an order signed by Chief Judge George L. Russell III and filed in May blocking the administration from immediately removing from the U.S. any immigrants who file paperwork with the Maryland federal district court seeking a review of their detention. The order blocks the removal until 4 p.m. on the second business day after the habeas corpus petition is filed.

In its suit, the Trump administration says such an automatic pause on removals violates a Supreme Court ruling and impedes the president’s authority to enforce immigration laws.

“Defendants’ automatic injunction issues whether or not the alien needs or seeks emergency relief, whether or not the court has jurisdiction over the alien’s claims, and no matter how frivolous the alien’s claims may be,” the suit says. “And it does so in the immigration context, thus intruding on core Executive Branch powers.”

The suit names the U.S. and U.S. Department of Homeland Security as plaintiffs.

The Maryland district court had no comment, Chief Deputy Clerk David Ciambruschini said in an email.

The Trump administration has repeatedly clashed with federal judges over its deportation efforts.

One of the Maryland judges named as a defendant in Tuesday’s lawsuit, Paula Xinis, has called the administration’s deportation of Kilmar Abrego Garcia to El Salvador illegal. Attorneys for Abrego Garcia have asked Xinis to impose fines against the administration for contempt, arguing that it ignored court orders for weeks to return him to the U.S. from El Salvador.

And on the same day the Maryland court issued its order pausing removals, a federal judge in Boston said the White House had violated a court order on deportations to third countries with a flight linked to South Sudan.

A fired Justice Department lawyer said in a whistleblower complaint made public Tuesday that a top official at the agency had suggested the Trump administration might have to ignore court orders as it prepared to deport Venezuelan migrants it accused of being gang members.

U.S. Atty. Gen. Pam Bondi said court injunctions “designed to halt” the president’s agenda have undermined his authority since the first hours of his administration.

“The American people elected President Trump to carry out his policy agenda: this pattern of judicial overreach undermines the democratic process and cannot be allowed to stand,” she said in a statement announcing the lawsuit against Maryland’s district court.

The order signed by Russell says it aims to maintain existing conditions and the potential jurisdiction of the court, ensure immigrant petitioners are able to participate in court proceedings and access attorneys and give the government “fulsome opportunity to brief and present arguments in its defense.”

In an amended order, Russell said the court had received an influx of habeas petitions after hours that “resulted in hurried and frustrating hearings in that obtaining clear and concrete information about the location and status of the petitioners is elusive.”

The Trump administration has asked the Maryland judges to recuse themselves from the case. It wants a clerk to have a federal judge from another state hear it.

Thanawala writes for the Associated Press.

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