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Supreme Court Rules Wrongfully Deported Man Must Return To US

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Duncan Lock, Dflock, CC BY-SA 3.0 via Wikimedia Commons

The Supreme Court on Thursday ordered the return of Kilmar Abrego Garcia, a Salvadoran national living in Maryland, from an El Salvador prison.

Abrego Garcia, 29, was deported to the El Salvadoran mega-prison last month for being an alleged MS-13 gang member, however, his attorneys maintain he does not have any gang ties. Garcia’s wrongful deportation has triggered an onslaught of criticisms from both sides of the aisle. (RELATED: IRS, DHS Reach Game-Changing Agreement For Trump Immigration Agenda)

The Supreme Court sided with U.S. District Judge Paula Xinis who initially ordered federal officials to coordinate Garcia’s return back to Maryland in a Monday order, calling his deportation “wholly unlawful.”

Fox News reports:

“On March 15, 2025, the United States removed Kilmar Armando Abrego Garcia from the United States to El Salvador, where he is currently detained in the Center for Terrorism Confinement (CECOT),” the order states. “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal.” 

Justice Sonia Sotomayor said she “would have declined to intervene in this litigation and denied the application in full.”

“Nevertheless, I agree with the Court’s order that the proper remedy is to provide Abrego Garcia with all the processes to which he would have been entitled had he not been unlawfully removed to El Salvador,” Sotomayor wrote. “That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard, in any future proceedings.”

The Justice Department responded to the order in a statement to Fox News in a statement. 

“As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs,” the statement says. “By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the President’s authority to conduct foreign policy.”

Pro-Trump Mayor Accused Of Illegally Voting As A Noncitizen

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Missvain, CC BY 4.0 via Wikimedia Commons

A small-town Kansas mayor who has supported President Donald Trump for years is now facing serious felony charges after state prosecutors allege he voted in multiple elections despite not being a U.S. citizen.

The New York Times this week highlighted the case of Joe Ceballos, the recently re-elected mayor of Coldwater, Kansas — a rural community of just 687 residents — who is now charged with multiple counts of voter fraud-related crimes.

Ceballos, 55, is facing three counts of election perjury and three counts of voting without being qualified under Kansas law. Prosecutors say he illegally cast ballots while holding permanent resident status rather than full citizenship.

“Nobody ever told me that I couldn’t vote or register to vote,” Ceballos told The Times. “And so, as a young man, yeah, I did it. I registered.”

A Case Raising Broader Questions About Election Integrity

The case arrives at a time when election security and voter eligibility remain central concerns for many Americans, particularly Republicans who argue that citizenship requirements must be enforced to protect the integrity of U.S. elections.

While instances of noncitizen voting are considered rare, conservatives have long maintained that even isolated cases undermine trust in the system — and that laws already on the books should be applied consistently.

Ceballos was born in Mexico and moved to the United States at age four, according to the report. He later obtained a green card in 1990. Ceballos said he believed that being a lawful permanent resident allowed him to vote.

“His defense, essentially, is that he did not understand that being a permanent resident should have precluded him from voting and holding office, and that no one ever told him he was not eligible,” the paper wrote.

Citizenship Application Triggered Investigation

Ceballos said his legal troubles began last year when he applied to become a U.S. citizen. During the process, he admitted to a federal official that he had previously voted.

“His eyes got real big, and I was like, ‘Boy, did I do something wrong?’” Ceballos recalled.

That admission reportedly halted his citizenship application and alerted Kansas officials, setting off the investigation that ultimately led to criminal charges.

If convicted, Ceballos could face up to 68 months in prison and a $200,000 fine.

“This alien committed a felony by voting in American elections,” DHS spokeswoman Tricia McLaughlin said about Ceballos.

Trump Supporter Says He Doesn’t Belong in “Criminal” Category

Ceballos acknowledged voting for Trump in 2016, 2020, and 2024, and said he still supports much of the president’s immigration agenda — particularly efforts to remove violent criminals from the country.

“I still strongly believe in Trump’s immigration laws about, ‘Let’s get the bad guys out of here,’” he said. “You know, they’re murderers, they killed people, they molested people, let’s get them out of here.

“But I feel like I don’t fit that category,” he added. “And I feel like that’s how they’re treating me.”

His comments reflect a broader debate within the immigration discussion: Republicans often emphasize the difference between legal immigrants who follow the process and those who break the law — while also insisting that voting is a right reserved only for American citizens.

Small Town Residents Rally Around Mayor

Coldwater residents told The Times they view the prosecution as a “personal attack on a pillar of the town.” Ceballos was overwhelmingly re-elected last year by a margin of 101 votes to 20.

Supporters argue the case is a tragic example of confusion over complex immigration and election laws, while critics say citizenship rules are clear and must be upheld regardless of intent.

SAVE Act and Growing Push for Proof of Citizenship

The case comes as Trump has backed the SAVE Act, legislation that would require proof of U.S. citizenship to vote in federal elections — a measure Republicans argue is common sense and necessary to restore confidence in elections.

Democrats such as Sen. Chuck Schumer (D-NY) have criticized the proposal, calling it discriminatory, but polling consistently shows strong public support for voter identification requirements.

CNN data analyst Harry Enten noted that surveys dating back to 2018 show at least 75% of Americans support voter ID laws, including a 2024 figure showing 83% approval.

“Normally, you might expect… a big divide by party,” Enten said. “But not really here.”

Sen. Susan Collins recently became the 50th lawmaker to signal support for the bill.

In an exclusive comment to The Maine Wire, Sen. Collins said she supports the current version of the SAVE Act.

Collins said she will support the version of the SAVE Act that has now cleared the House, calling it a “simple reform” aimed at strengthening confidence in federal elections.

“The law is clear that in this country only American citizens are eligible to vote in federal elections. In addition, having people provide an ID at the polls, just as they have to do before boarding an airplane, checking into a hotel, or buying an alcoholic beverage, is a simple reform that will improve the security of our federal elections and will help give people more confidence in the results,” she said.

Collins said that her support hinges on changes made to the legislation. She said she previously opposed an earlier draft that would have required voters to prove their citizenship each time they cast a ballot.

“Requiring voters to produce passports or birth certificates on election day — as opposed to just a state-issued ID — would have placed an unnecessary burden on the voters. That provision is no longer in the bill and dropping this requirement was key to getting my support.”

White House Delivers Ultimatum To ICE: Triple The Arrests Or Face The Consequences

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Illegal Immigration in the United State via Wikimedia Commons

According to new reports, White House Deputy Chief of Staff Stephen Miller delivered a blunt ultimatum to Immigration and Customs Enforcement (ICE) leadership in mid-May: ramp up arrests to 3,000 per day or face personnel changes.

During a tense meeting at ICE headquarters in Washington, D.C., Miller reportedly warned that regional offices failing to meet the target would see their leadership replaced. Sources familiar with the meeting said Miller left no room for interpretation — improved numbers weren’t encouraged, they were mandatory. (RELATED: Legal Battle May Reveal Big Payouts Tied To Biden’s Border Policies)

Homeland Security Secretary Kristi Noem, also in attendance, struck a more measured tone. Still, the message was clear, according to NBC News: immigration enforcement efforts must intensify and take precedence:

Misdemeanor cases for border crossings are regularly appearing in federal court, a rarity in recent years. Justice Department teams focused on other issues are being disbanded, with members being dispersed to teams focused on immigration and other administration priorities.

And prosecutors say cases without immigration components have stalled or are moving more slowly, according to documents seen by NBC News and conversations with six current and former prosecutors and a senior FBI official, who described how immigration is now a central part of discussions around whether to pursue cases.

U.S. Immigration and Customs Enforcement, Public domain, via Wikimedia Commons

“Immigration status is now question No. 1 in terms of charging decisions,” an assistant U.S. attorney said. “Is this person a documented immigrant? Is this person an undocumented immigrant? Is this person a citizen? Are they somehow deportable? What is their immigration status? And the answer to that question is now largely driving our charging decisions.”

At least one U.S. attorney’s office abandoned a potential federal prosecution of someone who prosecutors felt was dangerous because the case against the person lacked an immigration component, an email obtained by NBC News showed. The office instead left the case to state prosecutors.

Mobilizing National Resources

Following the confrontation, ICE launched “Operation At Large,” a coast-to-coast initiative designed to supercharge apprehensions. The scale is unprecedented. Over 21,000 National Guard troops and 250 IRS agents have been folded into the effort, alongside thousands of ICE and federal law enforcement personnel. (RELATED: Police Case That Fueled 2020 Protests Returns To Supreme Court)

The operation’s reach has required coordination across agencies, pulling FBI and DOJ resources away from their usual focus areas and toward immigration-related priorities.

The Daily Mail has more on Miller’s dramatic call to action:

According to the Washington Examiner, Miller allegedly told them: ‘You guys aren’t doing a good job. You’re horrible leaders.’

He then reportedly gave them an open challenge and asked: ‘Why aren’t you at Home Depot? Why aren’t you at 7-Eleven?’

Miller further pushed, getting into what an official called a ‘p***ing contest,’ saying: ‘What do you mean you’re going after criminals?’

Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

In a statement to the Examiner, ICE deputy assistant director of media affairs Laszlo Baksay said the descriptions were ‘inaccurate.’

However, the conservative-leaning outlet cited sources within ICE and DHS who claimed Miller’s remarks further eroded morale among rank-and-file agents, which was already low.

“He had nothing positive to say about anybody,” one official told the paper, describing the mood following Miller’s visit.

Another source painted a darker picture of the internal climate confronting ICE agents:

“They’ve been threatened, told they’re watching their emails and texts and Signals. That’s what is horrible about things right now. It’s a fearful environment. Everybody in leadership is afraid. There’s no morale. Everybody is demoralized.”

Despite the backlash, Miller defended the administration’s approach during an appearance with Sean Hannity, insisting the 3,000-arrest-per-day quota is only a temporary benchmark — and warning that agents should be prepared for that figure to rise.

Florida Sweep Sets Records, Nashville Backlash Sparks Tensions

Localized operations have revealed just how expansive the crackdown has become since Miller and Noem appeared at Potomac Center Plaza in Southwest D.C. Across the nation, agents have ramped up early-morning sweeps and workplace raids, often coordinated with minimal local notification. In Florida, a weeklong action labeled “Operation Tidal Wave” resulted in 1,120 arrests — the largest ICE enforcement action ever recorded in a single state.

Tennessee saw similar efforts, with 196 arrests in the Nashville area. The local response was sharply critical. Nashville’s mayor denounced the operation as out of step with the city’s values and implemented policies limiting cooperation with ICE. Republicans in Congress are now investigating whether the mayor’s office leaked information about ICE agents — a serious charge with national implications.

Focus on Career Criminals — But Collateral Arrests Are Rising

Officially, the crackdown targets individuals with criminal records or prior deportation orders. But internal ICE guidance reportedly encourages officers to make “collateral arrests” — detaining illegal immigrants encountered in the field, even if they weren’t the original target and have no criminal history.

U.S. Immigration and Customs Enforcement, Flickr, https://www.flickr.com/photos/us_icegov/54295293536/in/photostream/, Creative Commons Attribution-Public Domain Mark 1.0 Universal (CC BY-NC-SA 1.0)

The broader approach has raised legal and logistical concerns, as well as fears of potential overreach, according to immigrant advocacy groups.

Leadership Purge Signals Internal Pressure

It also hasn’t come without fallout inside ICE. Two senior officials — Kenneth Genalo and Robert Hammer — have been removed from their posts in recent weeks. Sources say the firings reflect internal friction over how aggressively to pursue the administration’s ambitious targets. They also serve as a warning to others who might be perceived as resistant to the push.

White House: Fulfilling the Mandate, Critics Question the Cost

The administration stands by the operation. Officials say it delivers on President Trump’s second-term promise: to secure the border and remove criminal illegal aliens.

Still, questions remain. Legal scholars are raising red flags over the breadth of federal involvement, and local-federal cooperation is growing more strained. As the operation continues, so does the debate — over strategy, law, and the real-world impact on communities nationwide.

Stephen Miller Reportedly Sidelined By Trump Admin.

By The White House - https://www.flickr.com/photos/202101414@N05/54346096651/, Public Domain, https://commons.wikimedia.org/w/index.php?curid=160407812

White House Deputy Chief of Staff for Policy Stephen Miller — long viewed as one of the chief architects of President Donald Trump’s hardline immigration agenda — is reportedly losing influence inside the administration as other top officials gain the president’s ear.

According to a new report from The Atlantic journalists Michael Scherer and Nick Miroff, Trump has privately expressed concern that Miller’s aggressive instincts sometimes go too far, marking a notable shift for one of the president’s most loyal and powerful longtime advisers.

The report claims Trump “has also told others in recent weeks that he understands Miller sometimes goes too far.” The alleged change reportedly became more noticeable following unrest in Minneapolis and the death of protester Alex Pretti.

Trump reportedly “recognized immediately after the second killing in Minneapolis, of the protester Alex Pretti, that the policy needed to shift.” Miller, however, took a far more confrontational tone, referring to Pretti as a “domestic terrorist” in the aftermath of the incident.

For years, Miller has been one of the most influential figures in Trump’s orbit. The former Senate aide rose to prominence during Trump’s first campaign in 2016 and quickly became the driving force behind many of the administration’s toughest immigration policies, including travel bans, refugee restrictions, and mass deportation proposals.

Unlike many Trump officials who cycled in and out of the administration, Miller built a uniquely durable relationship with the president. His fiery populist rhetoric and uncompromising stance on immigration made him a hero to many MAGA voters, while critics accused him of pushing excessively punitive policies.

But according to The Atlantic, recent months have revealed growing divisions within the administration over how aggressively to pursue Trump’s immigration crackdown.

The report states that Trump backed away from several Miller-backed initiatives after consulting with border czar Tom Homan and other officials. One major example involved a proposal to slash seasonal worker visas by 50%, a move that reportedly alarmed business interests and other administration figures.

“The new secretary is listening to Tom Homan and Rodney Scott before he is ever listening to Stephen Miller,” one senior administration official told Scherer and Miroff.

Another former official summed up Miller’s changing position bluntly: “The president knows who he is, period.”

The Atlantic also reported that while there have been no known clashes between Homan and Miller, the two men have promoted very different strategies for carrying out Trump’s mass-deportation agenda.

Miller has reportedly pushed for maximizing deportation numbers as quickly as possible, while Homan has favored a more targeted approach focused on illegal immigrants with criminal records.

“There have been no accounts of clashes or tension between Homan and Miller, and the former has even praised the latter as ‘one of the most brilliant people I’ve met in my entire life,’” the report noted.

Still, Homan’s influence appears to be growing.

According to the report, the Department of Homeland Security has quietly reversed several changes Miller pushed earlier in Trump’s second term. One key example involved accelerated training for new ICE recruits.

Miller had reportedly advocated for shortening ICE academy training to roughly eight weeks in an effort to rapidly expand deportation operations. Veteran officers reportedly warned that the abbreviated training created serious concerns, especially as dropout rates surged among recruits.

“In recent weeks, ICE reverted to a four-and-a-half-month training program similar to its former academy course,” the report stated, citing three officials familiar with the matter.

Despite the apparent shift, insiders told The Atlantic that Miller remains deeply embedded in Trump’s inner circle and is not expected to leave the administration anytime soon.

“White House insiders said that Miller remains a top adviser to the president, that he has a singular relationship to Trump built over the past decade, and that his job is not in jeopardy,” Scherer and Miroff reported.

The claims stand in stark contrast to earlier reporting that portrayed Miller as perhaps the single most influential policy figure in Trump’s second administration.

A bombshell report published by The New York Times in March suggested Miller had effectively become the driving force behind major Justice Department priorities.

“It was clear from the start that Mr. Miller, who is not a lawyer, would exercise control inside the department, current and former Trump aides said,” the Times reported at the time.

Whether Miller’s reported decline in influence proves temporary or permanent remains unclear. But the emerging picture suggests that even some of Trump’s most trusted allies are now competing for influence as the administration navigates mounting political and public pressure over immigration enforcement and domestic unrest.

Obama Appointee Blocks Trump Immigration Order

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This is far from over…

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. 

Tom Homan Announces End Of ICE Surge Operation In Minneapolis

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By Gage Skidmore from Surprise, AZ, United States of America - Thomas Homan, CC BY-SA 2.0,

MINNEAPOLIS — Border czar Tom Homan announced Thursday that the Trump administration will conclude Operation Metro Surge in Minneapolis and the Twin Cities area, saying the large-scale federal immigration enforcement effort achieved its objectives and made the region safer.

Speaking at the Bishop Henry Whipple Federal Building in Fort Snelling, Homan said the stepped-up ICE operation would be scaled back after weeks of heightened federal presence and cooperation with state and local law enforcement. “I have proposed, and President Trump has concurred, that this surge operation conclude,” Homan told reporters.

Homan said the successful results of the mission — including arrests of individuals with criminal histories and disrupting unlawful agitator activity — warranted the drawdown. “Twin Cities and Minnesota in general are and will continue to be much safer for the communities here because of what we have accomplished under President Trump’s leadership,” he said during his third press conference since being tasked with leading the surge.

Federal officials say the initiative, which began late in 2025, has resulted in thousands of arrests of dangerous illegal aliens and public safety threats, helping stem criminal activity and bolster cooperation with local law enforcement.

Homan outlined that federal officers will either return to their home duty stations or be reassigned elsewhere once the drawdown is complete. “Law enforcement officers drawing down from this surge operation will either return to the duty stations or be assigned elsewhere.”

In recent days, Homan confirmed that 700 of nearly 3,000 federal immigration officers have already been reassigned, a move he framed as responsive to productive coordination with state officials.

The operation had drawn intense national attention and criticism after two Americans — Renée Good and Alex Pretti — were killed in separate confrontations with federal agents during enforcement actions, sparking protests and legal challenges.

Trump Signals Support For Legal Protections For Longtime Migrant Workers

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Donald Trump via Gage Skidmore Flickr

DES MOINES, Iowa — Speaking at the Iowa State Fairgrounds hours before Independence Day, President Donald Trump said he is drafting legislation to shield long-serving farm and hospitality workers from immigration enforcement actions.

“We’re working on legislation right now,” Trump told the crowd. “Farmers, look, they know better. They work with them for years.”

He referenced cases where immigrant workers had been employed for over a decade before being removed through federal action.

“You had cases… where people have worked for a farm for 14, 15 years, and they get thrown out pretty viciously. And we can’t do it,” Trump said.

The remarks appear to address the impact of immigration raids, such as those reported at California farms, where labor shortages have followed large-scale enforcement. A significant portion of that workforce is made up of illegal immigrants.

Agriculture Secretary Brooke Rollins, who was present on stage, had initially raised the issue.

After weeks of back-and-forth, Trump ultimately echoed her stance on Thursday night — arguing that those in agriculture and hospitality deserve more authority over who they employ. “We’re going to work with them, and we’re going to work very strong and smart,” he said. “We’re going to put you in charge. We’re going to make you responsible. And I think that’s going to make a lot of people happy.”

Acknowledging that the proposal may not sit well with his party’s immigration hardliners, Trump added: “radical right people, who I also happen to like a lot, they may not be quite as happy. But they’ll understand, won’t they?”

He then turned to Rollins and said, “Do you think they’ll understand that you’re the one that brought this whole situation up?”

The comments signal a more pragmatic tone on immigration from the president, who has long emphasized enforcement but now appears open to reforms aimed at stabilizing the labor force in key sectors.

Kilmar Abrego Garcia Taken Into Custody By ICE

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Arrest image via Pixabay

Kilmar Abrego Garcia, the immigrant deported to El Salvador who became a political flashpoint for the Trump administration’s immigration crackdown, was detained again on Monday

Speaking to reporters outside the ICE Field Office in Baltimore after Abrego Garcia was detained, his lawyer, Simon Sandoval-Moshenberg, said ICE officials had declined to tell them where they were detaining Abrego Garcia prior to his removal, or tell them why they were arresting him. 

“As of the last five minutes, Mr. Abrego Garcia has filed a new lawsuit in the federal district court for the District of Maryland challenging his confinement and challenging his deportation to Uganda, or to any other country unless and until he’s had a fair trial— as in, an immigration court, as well as his full appeal rights,,” Sandoval-Moshenberg sad.

The habeas petition, filed in the U.S. District Court of Maryland, was assigned to U.S. District Judge Paula Xinis, who has presided since March over his civil case.

Abrego Garcia, who fled El Salvador as a teenager and lived in Maryland, addressed supporters before entering his appointment.

“My name is Kilmar Abrego Garcia, and I want you to remember this, remember that I am free and I was able to be reunited with my family,” he said. “This was a miracle. Thank you to God and thank you to the community. I want to thank each and every one of you who marched, lift your voices, never stop praying, and continue to fight in my name.”

Abrego Garcia’s legal fight for months has dominated U.S. headlines, after he was deported by the Trump administration to El Salvador in violation of a 2019 court order. He faces a possible second deportation, this time to Uganda.

Shortly before his arrival Monday morning, immigration advocates, faith leaders, and other community members massed outside the field office at sunrise for a vigil, organized by two immigration advocacy groups.

The Trump administration returned him to the U.S. months after sending him to El Salvador, under orders from a federal judge and from the Supreme Court.

He was arrested upon return to the U.S. on human smuggling charges stemming from a 2022 traffic stop in Tennesee. He remained in federal detention until Friday, when he was released from U.S. custody and ordered to return to Maryland, where a judge said he could remain under electronic surveillance and under ICE supervision while awaiting trial.

ICE officials notified Abrego Garcia’s attorneys shortly after his release on Friday that they planned to deport him to Uganda.

The notice, sent by ICE’s Office of the Principal Legal Adviser, said it was intended to “serve as notice that DHS may remove your client, Kilmar Armando Abrego Garcia, to Uganda no earlier than 72 hours from now (absent weekends).”

Trump’s border czar Tom Homan told Fox News in an interview Sunday night that Abrego Garcia was “absolutely” going to be deported from the U.S, and said Uganda is “on the table” as the third country of removal. 

“We have an agreement with them. It’s on a table, absolutely,” Homan said in an interview on “The Big Weekend Show” Sunday evening.

“He is absolutely going to be deported,” Homan reiterated. 

For now, he said, Abrego Garcia “can enjoy the little time he has with his family. And for the person who says we’re not going to separate family, his family can go with him, because he’s leaving.”

First Judge Approves Trump’s Use Of Alien Enemies Act For Venezuelan Deportations

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Image via Pixabay

On Tuesday afternoon, U.S. District Judge Stephanie Haines ruled that President Trump’s invocation of the Alien Enemies Act to deport alleged illegal immigrant gang members complies with the law.

Haines, a Trump appointee with a background as a prosecutor in Pennsylvania, ruled that Trump’s use of the Alien Enemies Act (AEA) of 1798 to deport Tren de Aragua (TdA) gang members is legally valid, citing TdA’s actions as a “predatory incursion” under the law.

As The Hill reports:

Haines, a Trump appointee, emphasized her “unflagging obligation is to apply the law as written.” 

“Having done its job, the Court now leaves it to the Political Branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will,” Haines wrote in her 43-page ruling. 

The new split comes as the American Civil Liberties Union (ACLU), which has filed a wave of lawsuits across the country challenging Trump’s use of the AEA, calls on the Supreme Court to immediately take up the issue and swiftly provide a nationwide resolution.

“The Alien Enemies Act — historically invoked during wartime, including World War II — empowers the president to detain or deport nationals of enemy nations. Trump’s application of the law targets TdA, a Venezuelan transnational gang designated as a Foreign Terrorist Organization during his second administration, despite ongoing legal debate over whether gang activity constitutes an “invasion” or “incursion.”

Tuesday’s ruling contrasts with other federal judges’ decisions, such as Judge Fernando Rodriguez’s May 1, 2025, injunction against the AEA’s use, highlighting a judicial split that may lead to a Supreme Court challenge.

Appeals Court Allows Trump Administration to Continue Third-Country Deportations

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.”