Tag: Immigration

By Jonathan Shorman
National

The U.S. Department of Homeland Security will allow states to access federal citizenship data by June 30 and plans to monitor the flow of mail ballots for signs of voter fraud, according to a court document.

Amid a series of lawsuits, President Donald Trump’s administration is now moving to carry out a March 31 executive order restricting voting by mail ahead of the November midterm elections.

Democrats and voting rights advocates oppose the directive as unconstitutional election meddling by Trump and have sued to stop him. The president, who has long attacked mail ballots but votes by mail himself, says the additional rules will fight noncitizen voting, a rare phenomenon.

“No president has the authority to unilaterally rewrite election rules or dictate how states administer their elections,” Marcia Johnson, chief of activation and justice at the League of Women Voters, said in a statement last week. The League of Women Voters filed one of at least five lawsuits challenging the order.

Potential disruptions

The order could carry major consequences for the midterm elections. Any new restrictions on mail ballots would risk disrupting how tens of millions of voters cast their ballots. About 30% of voters cast mail ballots in 2024, according to data gathered by the U.S. Election Assistance Commission.

But despite several legal challenges, the order remains in effect.

A federal judge in Washington, D.C., in late May ruled against a request by Democratic groups to pause the order, finding that it was too soon to weigh in because federal officials hadn’t taken enough action yet. A second judge in Massachusetts held a hearing last week, but didn’t immediately issue a decision.

“The Trump Administration will continue fighting for the safety and security of American elections,” White House spokesperson Abigail Jackson said in a statement shortly after the D.C. judge’s decision.

One portion of the order demands the postmaster general enact new restrictions on mailed ballots and not transmit ballots from states that refuse to provide the names of absentee voters. The U.S. Postal Service, despite its status as an independent corporation, has put forward a proposal in line with the order to require states to submit lists of voters before mailing ballots.

Now, Homeland Security is responding to another part of the order that requires the creation of lists of voting-age citizens in every state, which the Trump administration calls “state citizenship lists.” State election officials would receive the lists, which they could compare to their voter rolls in a search for noncitizen voters.

Homeland Security’s plans for the citizenship lists came into focus on June 5, when the U.S. Department of Justice filed a notice in federal court that briefly outlines the administration’s plans. The notice describes a two-part effort by Homeland Security and its subsidiary agency, U.S. Citizenship and Immigration Services, to comply with the order.

First, Homeland Security will implement a “State Voter Roll Verification” that allows state election officials to submit their voter rolls to the Systematic Alien Verification for Entitlements, or SAVE, system.

SAVE is a powerful computer program that checks names against citizenship information held in a variety of government databases. It can flag registered voters as possible noncitizens, but faces criticism for incorrect identifications.

For the past year, states have already had the option to upload their voter rolls into SAVE. Some Republican-led states, such as Indiana, Texas and Wyoming, have used the system, while Democratic states have declined. It’s unclear how the State Voter Roll Verification would be different, if at all, from states’ current SAVE access.

Homeland Security and U.S. Citizenship and Immigration Services didn’t respond to questions from States Newsroom.

Second, the Justice Department notice says Homeland Security will set up a registry for state election officials to securely access “citizenship-related data” from USCIS, the Social Security Administration and the State Department.

According to the notice, the “underlying data would remain in each agency’s respective system.” No other details were provided.

The notice also outlines Homeland Security’s intention to use the lists of voters that states provide to the Postal Service for investigations. It says DHS wants to “integrate” data on those voters “to monitor mail-in and absentee ballot flows, identify anomalies that may suggest voter fraud or misuse, and generate authorized investigative leads.”

California elections

The notice comes as Trump renews his attacks on mail-in voting. Last week he alleged, without evidence, voter fraud in California, which held primary elections last week. California relies heavily on mail ballots and often counts votes at a slow pace — meaning final results sometimes don’t match election night vote totals.

“Do you know why they’re doing that? Because they’re cheating on the election,” Trump said in an interview on NBC’s “Meet the Press.”

While the executive order already faces a slew of lawsuits, the NAACP on June 3 filed a motion in federal court seeking to specifically block the Postal Service’s proposed regulations of mail ballots. The NAACP alleges the regulations violate a 2021 settlement agreement that requires timely delivery of election mail to all voters.

The Postal Service has until Thursday to respond.

The American Postal Workers Union in a statement on June 5 denounced the executive order, saying the Postal Service serves all Americans. It is “not a tool for politicians” to pick which Americans receive which benefits, the union said.

“The Executive Order is an unconstitutional attack on the millions of Americans who vote by mail,” the union said, “and another front in an ongoing assault on voting rights in the United States of America.”

By Ariana Figueroa
National

WASHINGTON — A federal judge in Massachusetts Monday struck down the Trump administration’s efforts to require a $100,000 visa fee for highly skilled immigrant workers, finding the policy is an unlawful tax.

Judge Leo T. Sorokin found the hefty fee placed on the H-1B visa by President Donald Trump exceeded his authority by creating a tax, something that falls under Congress’ authority.

“The President has no authority to levy a tax unless such a power is delegated by Congress through statute,” Sorokin, who was nominated by former President Barack Obama, wrote. “For these reasons, the Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.”

The H-1B program allows a U.S. employer to hire a noncitizen worker in a specialty occupation for a maximum of six years, ranging from the technology industry to healthcare workers. At a minimum, visa applicants have to hold a bachelor’s degree.

A Department of Homeland Security spokesperson said in a statement to States Newsroom that the agency disagrees “with this blatant judicial activism dismantling President Trump’s historic efforts for immigration reform.”

“The recent changes to the H-1B visa program, including the increased fee, are intended to address concerns about program integrity and the impact on the U.S. workforce,” the spokesperson said. “The policy aims to ensure that employers prioritize hiring U.S. workers, particularly in high-skilled fields. The Trump Administration remains committed to safeguarding opportunities for American workers and maintaining the integrity of employment-based visa programs.”

The suit was brought by 20 states: California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington state and Wisconsin.

In September the Department of Homeland Security issued a proclamation requiring employers to pay a $100,000 fee for a noncitizen to enter the U.S. under a H-1B visa.

By Ariana Figueroa
National

WASHINGTON — A federal judge in Rhode Island Friday struck down several Trump administration policies that halted processing for asylum seekers following a shooting in Washington, D.C., that left one West Virginia National Guard member dead and another seriously injured.

In a searing opinion, Judge John J. McConnell Jr. said the Trump administration “threw the lives of countless immigrants living in the United States into indeterminate legal limbo” when it directed U.S. Citizenship and Immigration Services to pause asylum applications and green card paperwork for immigrants hailing from 39 African, Asian, Latin American and Middle Eastern countries subject to the president’s travel ban.

The policy was announced in November after the two National Guard members were shot. Authorities later charged Rahmanullah Lakanwal, an Afghan national who was granted asylum, with the shooting. He has pleaded not guilty in federal court. A status conference is set for June 10 in the U.S. District Court for the District of Columbia.

McConnell, who was nominated by former President Barack Obama, said the policy “violated the very immigration laws that Congress has charged it with administering.”

USCIS is an agency within the Department of Homeland Security that oversees processing of legal immigration, ranging from asylum seekers to work authorization forms.

“USCIS’s hold on adjudications cannot be attributed to anything that these individuals did wrong; rather, it arises solely by the happenstance of their birth,” McConnell wrote.

He added that “the Court is reminded of a line often repeated in discussions around immigration policy: If people wish to immigrate to the United States, they ought to ‘follow the law’ and ‘do things the right way.’ This case serves as a perfect example of immigrants doing just that.”

New policy paused processing

Labor unions and immigration advocacy groups in Rhode Island sued the Trump administration over the policies. They brought the suit on behalf of their members, immigrants who had the processing of their work visas and travel documents paused after the new policy following last year’s shooting in Washington, D.C.

After the November shooting, on the eve of Thanksgiving, one guard member, U.S. Army Spc. Sarah Beckstrom, 20, died, and U.S. Air Force Staff Sgt. Andrew Wolfe, 24, was critically wounded, but recovered.

One of the groups that sued, Democracy Forward, praised the decision.

“This ruling reaffirms a basic principle: the federal government cannot shut down lawful immigration pathways or discriminate against people based on where they come from,” Skye Perryman, president and CEO of Democracy Forward, said in a statement. “These unlawful policies caused enormous harm to families, workers, asylum seekers, and communities across the country who were left in limbo, unable to work, access protections, or move forward with their lives.”

By Jennifer Shutt
National

WASHINGTON — The U.S. Senate approved a nearly $70 billion package early Friday, moving Republicans one step closer to funding immigration and deportation activities for the next three years without negotiating new constraints on federal agents with Democrats.

The 52-47 mostly party-line vote sends the measure to the House, where GOP lawmakers could send it to President Donald Trump for his signature as soon as next week.

Alaska Sen. Lisa Murkowski was the only Republican to vote no. Colorado Democratic Sen. Michael Bennet, who participated in a debate in his bid to become his state’s next governor, did not vote.

Murkowski said in a statement she opposed the legislation because it bypassed the annual government funding process that forces the two political parties to debate issues and find compromise.

“By choosing to appropriate funding for three fiscal years instead of one, this measure weakens the normal budgeting process and sets another precedent for avoiding it when we find ourselves in disagreement,” she said. “In doing so, it reduces Congress’ ability to apply reasonable checks on immigration policy for the remainder of this administration and into the next.”

Murkowski added that she would have voted for the package had it “provided immigration funding for one year, included clear restrictions on what those funds can be used for, and eliminated any potential for taxpayer dollars to be allocated to the administration’s brazen ‘anti-weaponization’ fund.”

Majority Leader John Thune said during floor debate GOP leaders were forced to draft the package after Democrats “walked away” from negotiations that could have placed restrictions on federal immigration agents.

“Republicans are going to continue to ensure that these agencies have the funding that they need to fulfill their national security responsibilities,” the South Dakota Republican said.

Minority Leader Chuck Schumer, D-N.Y., argued the measure shows that Republicans are more focused on funding deportations than lowering the cost of living.

“Apparently, Republicans think we cannot afford a single penny to help Americans cover the skyrocketing costs of gasoline, of healthcare, of housing, of food, of energy, you name it,” he said. “But somehow we can afford to give another $70 billion to Trump’s rogue agencies.”

Senate approval followed a marathon amendment voting session that stretched throughout Thursday and overnight as Democrats sought to challenge Republican senators on policy differences just months before the November midterm elections. No amendments were approved.

Building on “big, beautiful” law

The bill would provide a second hefty cash infusion to the agencies carrying out the president’s immigration crackdown, building on the $170 billion Republicans included in their “big, beautiful” law.

This legislation would appropriate:

• $38.53 billion for Immigration and Customs Enforcement
• $26.02 billion for Customs and Border Protection
• $5 billion for the secretary of Homeland Security.

The money would be available through Sept. 30, 2029, the end of the fiscal year. Republicans decided not to place any new guardrails on immigration agents.

The measure Republican senators approved was somewhat different from the original version released in early May, which included $1 billion for the Secret Service to make security upgrades associated with the president’s ballroom, dubbed the East Wing Modernization Project.

Republicans also removed $1.46 billion that would have increased funding for several Justice Department programs.

Additionally, GOP lawmakers bolstered ICE funding by $350 million compared to the earlier version of the bill.

Republican leaders are moving the package through the complex budget reconciliation process, avoiding the need to secure Democratic votes in the Senate that would otherwise be required to end debate on the measure.

GOP leaders opted to use the special legislative maneuver after they were unable to broker agreement with Democrats to place constraints on immigration officers.

Democratic lawmakers said new guardrails, including body cameras and preventing the use of masks, were necessary after federal agents shot and killed two U.S. citizens in Minneapolis in January.

The impasse led to a 76-day shutdown at the Department of Homeland Security that didn’t end until late April, when Congress approved the annual spending bill without funding for ICE or the Border Patrol.

June 1 deadline missed

The reconciliation process comes with several strict rules that require each section of the legislation to address revenue, spending, or the debt limit. Proposals also cannot be deemed “merely incidental” to the federal budget.

Trump wanted Congress to approve the funding package ahead of a self-imposed June 1 deadline. But work on the measure ground to a halt after the administration announced plans to establish a $1.776 billion fund to pay people who believe they were wrongly prosecuted by the Justice Department.

Floor debate on the bill resumed again this week after acting Attorney General Todd Blanche testified before a House subcommittee Tuesday the administration was “not moving forward with the fund, period.”

Trump, however, muddied the waters a bit Wednesday when asked during an Oval Office event whether the fund was “dead or on hold.”

“I’d have to ask my lawyers. I don’t know,” he said. “Are you talking about the weaponization fund? The weaponization fund, as far as I’m concerned, was a beautiful thing.”

Tough amendment votes

The Justice Department’s “anti-weaponization” account was one of many issues senators sought to address during a marathon voting session that began Thursday morning and lasted until just before sunrise Friday.

Several Republicans, including those facing tough reelection bids, sided with Democrats on proposals and offered changes of their own, though none were added.

South Carolina Republican Sen. Lindsey Graham tried unsuccessfully to include language that would have required people registering to vote provide proof of U.S. citizenship and later present a photo ID to cast a ballot.

Senators voted 48-50 to reject Graham’s attempt to add the SAVE America Act, showing the legislation doesn’t have the votes to clear Congress, despite pressure from the president.

Republican Sens. Susan Collins of Maine, Mitch McConnell of Kentucky, Murkowski and Thom Tillis of North Carolina voted with Democrats.

A majority of senators backed an attempt by Delaware’s Chris Coons that would have barred the DOJ from paying anyone convicted of assaulting police on Jan. 6, 2021, when Trump supporters attacked the Capitol.

The 54-45 vote, however, wasn’t enough to add the provision to the package. It needed the support of at least 60 senators to move past a procedural hurdle since it didn’t address language in the immigration bill. Republican Sens. Bill Cassidy of Louisiana, Collins, Jon Husted of Ohio, Ashley Moody of Florida, Jerry Moran of Kansas, Murkowski, Dan Sullivan of Alaska and Tillis voted with Democrats.

An amendment from Cassidy to compensate “law enforcement officers who defended the United States Capitol” on Jan. 6 was unable to reach the 60 votes it needed following a 52-47 vote. Cassidy as well as Collins, Husted, Murkowski, Sullivan and Tillis voted along with Democrats.

Oregon Democratic Sen. Jeff Merkley proposed an amendment that would have required congressional authorization before construction could continue on the White House ballroom, but it wasn’t adopted following a 53-46 vote.

Cassidy, Collins, Husted, Moran, Murkowski, Sullivan and Tillis voted with Democrats, but it needed at least 60 votes to move past an objection.

Health insurance

Georgia Democratic Sen. Jon Ossoff tried to use a maneuver that would have sent the bill back to the Judiciary Committee in order to create “a task force to conduct investigations into health insurance companies that are found to routinely deny and delay patients’ access to medically necessary care.”

Ossoff told the story of a woman named Ellen from Atlanta who struggled with her insurance company after being diagnosed with a form of blood cancer known as multiple myeloma.

“As Ellen told me, quote, ‘for a corporation to have a finger on the button of your life is ridiculous. They have their minds on profit margins. I just want to be healthy and alive,’” he said. “Thankfully, Ellen’s cancer is now in remission. But across America, insurance companies continue to deny and delay medically necessary healthcare.”

Iowa Republican Sen. Chuck Grassley said the issue was “worthy of review” but disagreed with addressing it during debate on the immigration and deportation bill.

“The Justice Department already performs investigations into healthcare insurance fraud. The Senate also confirmed a new assistant attorney general to fight fraud,” he said. “Further, sending the reconciliation bill back to the Judiciary Committee would essentially kill it.”

The Senate did not agree with Ossoff’s motion following a 47-50 vote. Collins was the sole Republican to vote with Democrats.

By Jennifer Shutt, Ariana Figueroa
National

WASHINGTON — U.S. Senate Republicans fended off an attempt Thursday to block the Department of Justice from using an “anti-weaponization” fund to pay people who feel they were wrongly prosecuted, as well as another proposal that sought to require congressional authorization for a new White House ballroom.

Debate on amendments and motions, by Democrats and Republicans, is a required part of the special process GOP leaders are using to approve nearly $70 billion for immigration enforcement and deportation activities, including Immigration and Customs Enforcement and the Border Patrol, through the end of President Donald Trump’s term.

Votes were expected to last into the evening and possibly overnight as Democrats look to challenge their Republican counterparts on policy while also making their case for control of Congress ahead of this year’s November midterm elections. The U.S. House adjourned for the week Thursday, meaning the measure will not head to the president’s desk until next week at the earliest.

Senators voted 49-50 to reject an amendment from Minority Leader Chuck Schumer, D-N.Y., that would have prevented the Department of Justice from carrying out the “anti-weaponization” proposal by Trump to use $1.776 billion to pay people who feel they were wrongly prosecuted.

Several Republicans facing tough reelection campaigns joined Democrats in voting for the amendment, including Alaska’s Dan Sullivan, Maine’s Susan Collins and Ohio’s Jon Husted.

Acting Attorney General Todd Blanche testified earlier this week the administration had scrapped plans for the “anti-weaponization” fund, following intense criticism from both Republicans and Democrats, but Trump later said he wasn’t sure and would have to check with his attorneys.

“Trump won’t give Americans a penny to help offset the skyrocketing costs he brought on our country,” Schumer said. “But he’s more than happy to charge them nearly $2 billion to line the pockets of his families, his billionaire friends, and the criminals who mauled police officers on January 6. If Republicans truly oppose this corruption, then prove it.”

North Carolina Republican Sen. Thom Tillis then offered an amendment of his own that would have transferred the funding the administration had proposed for its so-called “anti-weaponization” fund to the Justice Department’s fraud division.

“We heard over the last 48 hours that the acting attorney general said that this fund’s not moving forward,” Tillis said. “All this amendment does is codify what I believe the policy of the DOJ is.”

South Carolina Republican Sen. Lindsey Graham raised a procedural objection to Tillis’ amendment, arguing it didn’t comply with the strict rules of the process.

Tillis tried to waive that maneuver, but a 15-84 vote didn’t achieve those goals and the amendment failed.

White House ballroom construction

Oregon Sen. Jeff Merkley offered an amendment that would have required congressional authorization to proceed with Trump’s White House ballroom renovations.

“All of us here have a responsibility to follow the power of the purse responsibility in the Constitution. Let’s all support the idea that it must proceed, if it’s to proceed, with a congressional authorization,” the Democrat said.

Kentucky GOP Sen. Rand Paul called the amendment a “poison pill” and raised a procedural issue on the grounds that Merkley’s measure is not under the jurisdiction of the Judiciary Committee.

“There is no money in this bill for a ballroom,” Paul said.

Merkley tried to waive the procedural objection, but it failed in a 53-46 vote, which required at least 60 to agree in order to move forward.