A federal appellate court declinedto issue a stay on a lower court’s orders in a suit challenging the Trump administration‘s authority to deport Venezuelan nationals via a 1798 wartime law.
In a 2-1 decision Wednesday, a three-judge panel sided with the plaintiffs in the suit, further blocking the Trump administration’s ability to move forward with its deportation agenda.
Judges Karen Henderson, Patricia Millett, and Justin Walker of the D.C. Circuit Court of Appeals presided over Monday’s oral arguments, which they agreed to hear last week on an expedited basis.
In a concurring opinion of the ruling, Henderson, a Bush appointee, said: “At this early stage, the government has yet to show a likelihood of success on the merits. The equities favor the plaintiffs. And the district court entered the TROs for a quintessentially valid purpose: to protect its remedial authority long enough to consider the parties’ arguments.
“Accordingly, and for the foregoing reasons, the request to stay the district court’s TROs should be denied.”
Their decision could ultimately be kicked to the Supreme Court for further review.
This is a breaking news story. Please check back for updates.
Duncan Lock, Dflock, CC BY-SA 3.0 via Wikimedia Commons
On Monday, the Supreme Court lifted an injunction against the Trump administration, allowing it to move ahead with its plans to end protections for hundreds of thousands of migrants in the U.S.
The decision is a victory for the Trump administration, allowing it to move forward with its plans to terminate Temporary Protected Status (TPS) protections for hundreds of thousands of people who came to the U.S. through parole processes for Cubans, Haitians, Nicaraguans, and Venezuelans.
The TPS program provides legal status and work permits for these individuals.
🚨BREAKING: The Supreme Court has cleared the Trump administration to revoke legal status from 500,000+ criminal aliens flown in under the Biden regime.
A federal judge on Monday blocked the Trump administration from revoking the legal status and work permits of the more than 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela who flew into the United States during former President Joe Biden’s time in office.
The migrants came to the U.S. under Biden’s controversial CHNV mass humanitarian parole program.
In her order, Judge Indira Talwani, an Obama appointee, wrote that each migrant needs to have an individualized, case-by-case review.
“The Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, 90 Fed. Reg. 13611 (Mar. 25, 2025), is hereby STAYED pending further court order insofar as it revokes, without case-by-case review, the previously granted parole and work authorization issued to noncitizens paroled into the UnitedStates pursuant to parole programs for noncitizens from Cuba, Haiti, Nicaragua, and Venezuela (the “CHNV parole programs”) prior to the noncitizen’s originally stated parole end date,” she wrote.
Biden created the CHNV program in 2023 via his executive parole authority. The program was launched in 2022 and initially first applied to Venezuelans before it was expanded to additional countries.
The Biden administration argued that CHNV would help reduce illegal crossings at the southern border and allow better vetting of people entering the country amid an influx of migrants.
The program was temporarily paused due to widespread fraud.
Officials with the Department of Homeland Security and the Trump administration told Fox News that Talwani essentially ruled that Trump can’t use his own executive authority, the same authority Biden used, to revoke the parole that Biden granted.
“It is pure lawless tyranny,” a Trump administration official told Fox News.
In March, the roughly 532,000 migrants under the CHNV program were told to leave the U.S.
FLOTUS at Fayetteville, N.C. -The Arts Center speech
Official White House Photo by Joyce N. Boghosian
Former first lady Michelle Obama expressed fear over President Donald Trump’s immigration policies, saying they have kept her up at night.
“Now that we have leadership that is sort of indiscriminately determining who belongs and who doesn’t,” the former first lady said Monday during an appearance on the podcast “On Purpose with Jay Shetty,” adding that such deportation decisions “aren’t being made with courts and with due process.”
“I worry for people of color all over this country, and I don’t know that we will have the advocates to protect everybody,” she continued. “And that makes me … that frightens me. It keeps me up at night.”
“And I and I see that when I’m driving around LA. I’m just looking in the faces of folks who could be a victim and I’m wondering, how are you feeling, how do you feel standing on the bus stop,” she said.
“In this current climate, for me it’s what’s happening to immigrants,” Obama said when asked about “recent tests of fear” related to individuals facing discrimination over the color of their skin.
Obama noted that the “fear” does not personally impact her as a former first lady who has police protection.
“It’s not the fear for myself anymore,” she continued. “I drive around in a four-car motorcade with a police escort. I’m Michelle Obama. I do still worry about my daughters in the world, even though they are somewhat recognizable.”
“My fears are for what I know is happening out there in streets all over the city,” she added, referring to her hometown of Chicago.
During a Monday White House briefing to discuss border enforcement during President Donald Trump’s first hundred days border czar Tom Homan said that under Trump, unlawful crossings were “historically low” and that the border was the most secure it has ever been. Homan drew a sharp contrast to the record number of illegal immigrants that entered the United States under the Biden administration.
“Every president I ever worked for took border security seriously because you can’t have national security if you don’t have strong border security,” Homan said. “Even President Obama and President Clinton took some steps to secure the border because they understood national security was important. Joe Biden is the first president in the history of this nation who came into office and unsecured a border on purpose. That’s just a fact.”
Homan accused the Biden administration of weaponizing its immigration policies, motivated by the desire that a future Democrat president would give illegal immigrants released into the country amnesty, saying Biden was “selling this country off for future political power.”
Watch:
Border Czar @RealTomHoman: "Joe Biden is the first president in the history of this nation who came into office and unsecured a border ON PURPOSE." pic.twitter.com/yMYKgNyTaZ
Contrasting Biden and Trump, Homan said that between 11,000-15,000 people were crossing the border illegally per day this time of the year under Biden, while under Trump, just 178 had crossed in the last 24 hours. During the same time, he said there were 1,800 known “gotaways” under Biden, compared to just 38 under Trump. Homan added that from January 20 to April 1, 2024, Biden released 184,000 illegals out of federal custody into the country. The Trump administration has only released nine total, including four so they could testify in criminal cases and four with extreme medical conditions.
In total, Homan said that there have been 139,000 deportations under Trump. He added that the administration was prioritizing the estimated 700,000 illegals who have been charged with crimes.
Illegal Immigration in the United State via Wikimedia Commons
History in the making…
The Department of Homeland Security (DHS) and Internal Revenue Service (IRS) have reportedly come to an agreement to allow ICE to access taxpayer information to locate illegal immigrants subject to deportation.
According to Fox News, the Trump administration filed a memorandum of understanding late Monday with a court to create guardrails and a process for ICE requests to the IRS to further investigations of criminal illegal immigrants who have failed or refuse to leave the United States 90 days after a judge has issued a final order of removal.
“The Internal Revenue Service and the Immigration and Customs Enforcement have entered into a memorandum of understanding to establish a clear and secure process to support law enforcement’s efforts to combat illegal immigration,” a Treasury Department spokesperson told Fox News Digital in a statement.
“The bases for this MOU are founded in longstanding authorities granted by Congress, which serve to protect the privacy of law-abiding Americans while streamlining the ability to pursue criminals,” the statement said. “After four years of Joe Biden flooding the nation with illegal aliens, President Trump’s highest priority is to ensure the safety of the American people.”
A senior Treasury Department official said the illegal immigrants have been given due process but have overstayed 90 days post a judge’s removal order.
The MOU outlines a process to ensure that sensitive taxpayer data information is protected while allowing law enforcement to pursue criminal violations, the official said.
A draft agreement reported last month by the Washington Post said it would limit ICE to confirm the addresses of illegal immigrants who have final removal orders.
The deal would allow ICE to submit the names and addresses of illegal immigrants to the IRS, who could then cross-check those immigrants’ tax records and provide the immigration agency with current address information.
The significant step forward comes amid the Trump Administration’s crackdown on illegal immigration.
U.S. District Judge Paula Xinis had earlier mandated the administration to “facilitate and effectuate” Abrego Garcia’s return by midnight, emphasizing that his deportation was an “administrative error.” The Department of Justice (DOJ) acknowledged the mistake but argued that the court’s injunction was “patently unlawful,” asserting that the government lacks the authority to retrieve him from El Salvador.
President Donald Trump holds a press conference with Attorney General Pam Bondi and Deputy Attorney General Todd Blanche in the James S. Brady Press Briefing Room on Friday, June 27, 2025. (Official White House Photo by Molly Riley)
President Trump said he is open to considering investigating and possibly arresting Biden-era Homeland Security Secretary Alejandro Mayorkas.
During a Tuesday press conference in Florida after a tour of a migrant detention center dubbed “Alligator Alcatraz,” Trump held a press conference alongside Florida Governor Ron DeSantis (R) and current Homeland Security Secretary Kristi Noem. The President was asked about people calling for the arrest of Mayorkas due to his handling of the southern border under former President Joe Biden.
NEW YORK CITY (September 11, 2022) Homeland Security Secretary Alejandro Mayorkas lays flowers for USSS Master Special Officer Craig Miller and participates in the September 11th Anniversary Commemoration Ceremony at Ground Zero in New York City, NY. (DHS photo by Sydney Phoenix)
“I ran into former DHS Secretary Mayorkas and I asked him a couple of questions about his disastrous handling of the border. He didn’t like my questions, but the number one question that I heard from people responding to my video was, ‘Why hasn’t he been arrested yet?’” The Blaze’s Julio Rosas asked the president at Tuesday’s presser.
Trump blasted Biden for the last-minute pardons he handed out before leaving office. However, the President was unaware of whether Mayorkas received a Biden pardon. He did not.
“Was he given a pardon, Mayokas? Was he not?” Trump asked.
“I don’t believe so,” Rosas said.
“Well, I’d take a look at that one because what he did is it’s beyond incompetence. Something had to be done. Now, with that being said, he took orders from other people, and he was really doing the orders. And you could say he was very loyal to them because it must have been very hard for him to stand up and sit up and, you know, talk about what he allowed to happen to this country and be serious about it. So he was given orders. If he wasn’t given a pardon, I could see looking at that,” Trump said.
The president was then reminded that the House of Representatives voted to impeach Mayorkas, though the effort never made it anywhere in the Senate. The vote in the House to impeach Mayorkas was over “willful and systemic refusal to comply with” immigration laws.
“He was impeached, but yeah, it was just a fake impeachment. It was a fake impeachment. But why don’t you take a look at it? I think he was so bad. They were all so bad, look, it was the worst president in the history of our country,” Trump said.
🚨 BREAKING: President Trump just asked the DOJ to look into ARRESTING Alejandro Mayorkas for aiding and abetting an invasion of our country
Trump’s remarks against Mayorkas come hours after the President floated potentially deporting billionaire Elon Musk back to South Africa.
“We’ll have to take a look,” Trump said. “We might have to put DOGE on Elon. You know what DOGE is? DOGE is the monster that might have to go back and eat Elon! Wouldn’t that be terrible?”
Watch:
Reporter: Are you going to deport Elon Musk?
Trump: We'll have to take a look. We might have to put DOGE on Elon. You know what DOGE is? The monster that might have to go back and eat Elon. Wouldn’t that be terrible? He gets a lot of subsidies. pic.twitter.com/6I0OAIv7Js
After a brief ceasefire between the president and his former DOGE lieutenant, the war of words has ratcheted up again over the past 24 hours — with Musk revving up his criticism of the Trump-backed “Big, Beautiful” budget bill. Musk, in a Monday post on X, denounced the legislation and floated the idea of forming a new political party.
It is obvious with the insane spending of this bill, which increases the debt ceiling by a record FIVE TRILLION DOLLARS that we live in a one-party country – the PORKY PIG PARTY!!
Time for a new political party that actually cares about the people.
A Canadian woman who admitted slapping a teenage girl during a confrontation over patriotic clothing at the Jersey Shore has been ordered deported after pleading guilty to a reduced assault charge.
Kaitlyn Tracey, 33, had overstayed her visa and was living in the United States illegally when the July 3 clash erupted on the Point Pleasant Beach boardwalk.
An immigration judge in Texas ordered Tracey removed from the country Tuesday, shortly before she entered a guilty plea in the New Jersey criminal case.
Tracey appeared by phone from an Immigration and Customs Enforcement detention facility in Texas for the proceeding in Ocean County.
🚨 NEW: A Texas immigration judge has ordered 33-year-old Canadian national Kaitlyn Tracey deported after she pleaded guilty to assaulting a teenage girl wearing patriotic clothing on a New Jersey boardwalk. 👏🏾
Under a plea agreement, Tracey pleaded guilty to one count of simple assault.
Prosecutors dismissed the remaining charges, which included endangering the welfare of a child, harassment and obstruction.
Tracey received a one-day jail sentence with credit for time served. She had already spent several weeks in the Ocean County Jail before being transferred to federal immigration custody.
The criminal case may be over, but its consequences are not. Tracey now faces removal to Canada and is expected to be barred from legally returning to the United States for an extended period.
Patriotic Shirt Sparked Boardwalk Confrontation
The altercation unfolded on the evening of July 3, when Tracey approached a group of four teenagers at Point Pleasant Beach.
Authorities said the dispute escalated after she confronted one of the teens, who was wearing a “USA 250” tank top marking America’s approaching 250th anniversary.
Video that quickly spread across social media appeared to show Tracey slapping the girl across the face during the argument.
The footage drew national attention and prompted action from local police and federal immigration authorities.
After Tracey’s arrest, the Department of Homeland Security confirmed that she had remained in the country after her visa expired. The agency later dubbed her the “Maple Leaf Menace” in public statements.
Defense Calls Clash “Unfortunate”
Defense attorney Francis Hodgson told the court that Tracey had otherwise been a productive, law-abiding resident.
“She arrived here on a passport some years ago. She met her husband and didn’t leave, but while she was here, she maintained employment and was a productive member of society,” Hodgson said.
He called the confrontation “unfortunate” and said Tracey had accepted responsibility for her actions.
“[Tracey has] taken responsibility for her role in it, and this is a reasonable judgment … consistent with other similar-type matters that happen every day during the summer on this boardwalk,” Hodgson told the court.
Victim’s Family: “Thank Goodness For Cameras”
Prosecutors said the victim’s family supported the plea agreement.
The teen’s parent attended the hearing remotely but did not speak publicly. Judge Guy P. Ryan instead read portions of the family’s victim impact statement into the record.
“The parents recite that, ‘Thank goodness for cameras and cell phones to have documented this incident,’” Ryan said.
The judge said the family came from an immigrant background and described themselves as proud Americans who had been celebrating Independence Day when the confrontation occurred.
“The notoriety and publicity of this matter has indicated that they’re proud of their country, love their country, they have core values and refer to the history of their family,” Ryan said.
He added that the victim and her parents “look forward to justice being served” and were grateful to the agencies involved in the case.
Deportation Now Looms
Following her arrest, Tracey was initially held at the Delaney Hall immigration detention facility in Newark. She was later transferred to an ICE processing center in Laredo, Texas, as her immigration proceedings continued.
Officials have not announced when she will be removed to Canada.
Ryan said during sentencing that the deportation order is expected to prevent Tracey from legally returning to the United States for “a very long time.”
Husband’s Anti-Trump Posts Resurface
The case has also brought new scrutiny to Tracey’s husband, Matt Geroni, who did not attend Tuesday’s hearing.
Geroni previously posted TikTok videos criticizing conditions at Delaney Hall and asking supporters to help secure his wife’s release, even if that meant her deportation to Canada.
His own social media history later became part of the controversy. Resurfaced posts appeared to show Geroni wishing death on President Donald Trump and members of Trump’s family.
In one post, Geroni wrote that he was “praying the entire Trump family gets cancer,” including the president’s children. After an attempted assassination of Trump, he wrote in another post: “Praying the next assassination attempt works.”
A federal judge already twice rebuked by the Supreme Court is back at it—this time blocking the Trump administration from ending legal protections for thousands of Ethiopian migrants.
Judge Brian Murphy, a Biden appointee in Massachusetts, temporarily halted the administration’s plan to strip temporary protected status (TPS) from more than 5,000 Ethiopians—a move that would have made them deportable within 60 days.
Murphy said the Department of Homeland Security didn’t follow the law when it pulled the plug on the program.
That ruling lands right in the middle of the administration’s broader push to shrink TPS and tighten immigration enforcement.
But it also lands on a judge with a track record.
Murphy has repeatedly tried to block Trump-era deportation policies—especially efforts to send migrants to third countries. The Supreme Court has stepped in twice to reverse him, even issuing a rare 7–2 clarification saying he ignored its orders. An appeals court also shut down one of his more recent rulings just last month.
Critics say this is more of the same.
“This rogue judge lacks the subject matter jurisdiction to issue this order,” Sen. Eric Schmitt said. “The assault on the rule of law continues.”
Legal analyst Jonathan Turley piled on, warning that “this system cannot function with such rogue operators at the trial level.”
Iowa Solicitor General Eric Wessan pointed to what he sees as a fundamental problem: the law itself.
“One big problem for Murphy is the statute: It explains TPS determinations aren’t reviewable. Another is the Supreme Court, which has stopped similar orders twice,” Wessan said. “He finds neither statute nor SCOTUS stops him. I’m unconvinced.”
Murphy, for his part, insists he’s not defying the high court. He noted that the Supreme Court hasn’t fully explained its recent TPS-related rulings—and hasn’t stepped in on every similar case.
“There is no reason to assume” the justices have settled the issue, he wrote.
The lawsuit behind the ruling claims the administration’s TPS rollback isn’t just procedural—it’s discriminatory. Lawyers for the plaintiffs argue the policy is aimed at reducing non-white immigration, writing that the effort targets “the nationals of majority Black countries” in particular.
The Justice Department is expected to appeal, setting up yet another round in a growing legal fight between the Trump administration and a judge who keeps standing in its way.
A federal appeals court ruled Monday that the Trump administration may continue swiftly deporting migrants while a legal challenge to the policy proceeds.
In a 2–1 decision, the U.S. Court of Appeals for the 1st Circuit allowed the deportations to continue and moved to speed up the timeline for the next stage of the case. The panel issued its order without an accompanying explanation.
The Trump administration has expanded the use of “third-country removals” as part of its broader immigration crackdown, deporting migrants to nations other than their countries of origin. The administration has reached agreements with several countries — including Cameroon, South Sudan and Eswatini — to accept deportees.
The Department of Homeland Security (DHS) has defended the policy as a way to remove individuals it describes as particularly dangerous.
In court filings, the administration has also argued that federal judges lack the authority to intervene in how immigration enforcement policies are carried out.
The majority on the three-judge panel included Judge Jeffrey Howard, nominated by former President George W. Bush, and Judge Seth Aframe, a nominee of former President Joe Biden. Judge Lara Montecalvo, also nominated by Biden, dissented.
The ruling lifts limits imposed by U.S. District Judge Brian Murphy, another Biden nominee, who is overseeing a class-action lawsuit filed last year by four noncitizens challenging the deportation policy.
Murphy ruled last month that the administration could not deport migrants to third countries without first attempting to send them to their country of citizenship or another country with which they have ties.
“It is not fine, nor is it legal,” Murphy wrote in his decision.
His order required immigration authorities to first attempt deportation to a migrant’s country of citizenship or the country normally designated for removal. If that effort failed, Murphy said migrants must be given a “meaningful opportunity” to challenge their deportation once a third country is selected.
Murphy delayed the implementation of his ruling to allow the appeals court time to weigh in. The 1st Circuit’s order keeps his decision on hold while the appeal moves forward.
Trina Realmuto, executive director of the National Immigration Litigation Alliance, which represents the migrants, said the group welcomed the expedited timeline.
“While the order unfortunately delays implementation of the decision, we appreciate that the First Circuit ordered a swift resolution of the merits of the government’s appeal,” Realmuto said.
The dispute has already reached the Supreme Court once. Last year, the Trump administration successfully appealed to the high court after Murphy imposed earlier limits on the policy.
In a statement following Monday’s ruling, a DHS spokesperson said the court’s decision supports the administration’s position.
“The Biden Administration allowed millions of illegal aliens to flood our country, and the Trump Administration has the authority to remove these criminal illegal aliens and clean up this national security nightmare,” the spokesperson said. “If these activist judges had their way, aliens who are so uniquely barbaric that their own countries won’t take them back, including convicted murderers, child rapists and drug traffickers, would walk free on American streets.”
Incoming Trump administration border czar Tom Homan told NewsNation’s Ali Bradley there is no “price tag” for the mass deportations planned by the incoming administration
“What price do you put on national security? I don’t think it has a price tag,” Homan said. “What price do you put on the thousands of American moms and dads who buried their children? You want to talk about family separation; they buried their children because their children were murdered by illegal aliens that weren’t supposed to be here. I don’t put a price on that. I don’t put a price on national security. I don’t put a price on American lives.”
Homan further defended the mass deportations’ $86 billion price tag, saying it would save American taxpayers money in the future.
“This operation would be expensive,” he acknowledged. “However, it’s going to save taxpayers a lot of money in the long run. Right now, we’re spending billions of dollars on free airline tickets, free hotel rooms, free medical care, free meals, the education system.”
Homan, however, said they will also need help from Congress.
“We need more resources; we need funding. We obviously need to buy more detention beds because everybody we arrest, we have to detain to work on those removal efforts and get travel documents, get flight arrangements. So we need more detention beds,” said Homan.
Homan said the Trump administration doesn’t plan on separating families but rather deporting them together. He said the administration is looking into using halfway houses to hold U.S.-born children of undocumented immigrants.
“As far as U.S. children, that’s going to be a difficult situation because we’re not going to change your U.S. citizenship,” he said. “Which means they’re going to be put in a halfway house or they can stay at home and wait for the officers to get the travel arrangements and come back and get the family. You know the best thing to do for a family is to self-deport themselves.”
