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Immigration judges fired by Trump administration say they will fight back
Court Issues |
2025/07/26 21:36
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Federal immigration judges fired by the Trump administration are filing appeals, pursuing legal action and speaking out in an unusually public campaign to fight back.
More than 50 immigration judges — from senior leaders to new appointees — have been fired since Donald Trump assumed the presidency for the second time. Normally bound by courtroom decorum, many are now unrestrained in describing terminations they consider unlawful and why they believe they were targeted.
Their suspected reasons include gender discrimination, decisions on immigration cases played up by the Trump administration and a courthouse tour with the Senate’s No. 2 Democrat.
“I cared about my job and was really good at it,” Jennifer Peyton, a former supervising judge told The Associated Press this week. “That letter that I received, the three sentences, explained no reason why I was fired.”
Peyton, who received the notice while on a July Fourth family vacation, was appointed judge in 2016. She considered it her dream job. Peyton was later named assistant chief immigration judge in Chicago, helping to train, mentor and oversee judges. She was a visible presence in the busy downtown court, greeting outside observers.
She cited top-notch performance reviews and said she faced no disciplinary action. Peyton said she’ll appeal through the Merit Systems Protection Board, an independent government agency Trump has also targeted.
Peyton’s theories about why she was fired include appearing on a “bureaucrat watchdog list” of people accused by a right-wing organization of working against the Trump agenda. She also questions a courthouse tour she gave to Sen. Dick Durbin of Illinois in June.
Durbin blasted Peyton’s termination as an “abuse of power,” saying he’s visited before as part of his duties as a publicly-elected official.
The nation’s immigration courts — with a backlog of about 3.5 million cases — have become a key focus of Trump’s hard-line immigration enforcement efforts. The firings are on top of resignations, early retirements and transfers, adding up to 106 judges gone since January, according to the International Federation of Professional and Technical Engineers, which represents judges. There are currently about 600 immigration judges.
Several of those fired, including Peyton, have recently done a slew of interviews on local Chicago television stations and with national outlets, saying they now have a platform for their colleagues who remain on the bench.
“The ones that are left are feeling threatened and very uncertain about their future,” said Matt Biggs, the union’s president.
Carla Espinoza, a Chicago immigration judge since 2023, was fired as she was delivering a verdict this month. Her notice said she’d be dismissed at the end of her two-year probationary period with the Executive Office for Immigration Review. |
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Judge blocks Trump’s birthright citizenship restrictions in third ruling
Court Issues |
2025/07/23 04:36
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A federal judge on Friday blocked the Trump administration from ending birthright citizenship for the children of parents who are in the U.S. illegally, issuing the third court ruling blocking the birthright order nationwide since a key Supreme Court decision in June.
U.S. District Judge Leo Sorokin, joining another district court as well as an appellate panel of judges, found that a nationwide injunction granted to more than a dozen states remains in force under an exception to the Supreme Court ruling. That decision restricted the power of lower-court judges to issue nationwide injunctions.
The states have argued Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for health insurance services that are contingent on citizenship status. The issue is expected to move quickly back to the nation’s highest court.
White House spokeswoman Abigail Jackson said in a statement the administration looked forward to “being vindicated on appeal.”
New Jersey Attorney General Matthew Platkin, who helped lead the lawsuit before Sorokin, said in a statement he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere.”
“American-born babies are American, just as they have been at every other time in our Nation’s history,” he added. “The President cannot change that legal rule with the stroke of a pen.”
Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, saying it should be “tailored to the States’ purported financial injuries.”
Sorokin said a patchwork approach to the birthright order would not protect the states in part because a substantial number of people move between states. He also blasted the Trump administration, saying it had failed to explain how a narrower injunction would work.
“That is, they have never addressed what renders a proposal feasible or workable, how the defendant agencies might implement it without imposing material administrative or financial burdens on the plaintiffs, or how it squares with other relevant federal statutes,” the judge wrote. “In fact, they have characterized such questions as irrelevant to the task the Court is now undertaking. The defendants’ position in this regard defies both law and logic.”
Sorokin acknowledged his order would not be the last word on birthright citizenship. Trump and his administration “are entitled to pursue their interpretation of the Fourteenth Amendment, and no doubt the Supreme Court will ultimately settle the question,” Sorokin wrote. “But in the meantime, for purposes of this lawsuit at this juncture, the Executive Order is unconstitutional.”
The administration has not yet appealed any of the recent court rulings. Trump’s efforts to deny citizenship to children born to parents who are in the country illegally or temporarily will remain blocked unless and until the Supreme Court says otherwise.
A federal judge in New Hampshire issued a ruling earlier this month prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit. U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed, his order went into effect.
On Wednesday, a San Francisco-based appeals court found the president’s executive order unconstitutional and affirmed a lower court’s nationwide block.
A Maryland-based judge said last week that she would do the same if an appeals court signed off.
The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.
Plaintiffs in the Boston case earlier argued that the principle of birthright citizenship is “enshrined in the Constitution,” and that Trump does not have the authority to issue the order, which they called a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.”
They also argue that Trump’s order halting automatic citizenship for babies born to people in the U.S. illegally or temporarily would cost states funding they rely on to “provide essential services” — from foster care to health care for low-income children, to “early interventions for infants, toddlers, and students with disabilities.”
At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.
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A Virginia man accused of stockpiling bombs pleads guilty
Court Issues |
2025/07/19 19:06
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A Virginia man pleaded guilty Friday in a federal case that accused him of stockpiling the largest number of finished explosives in FBI history and of using then-President Joe Biden’s photo for target practice.
Brad Spafford pleaded guilty in federal court in Norfolk to possession of an unregistered short barrel rifle and possession of an unregistered destructive device, according to court documents. Each count carries a maximum sentence of 10 years in prison. His sentencing is scheduled for December.
Federal authorities said they seized about 150 pipe bombs and other homemade devices last fall at Spafford’s home in Isle of Wight County, which is northwest of Norfolk.
The investigation into Spafford began in 2023 when an informant told authorities that Spafford was stockpiling weapons and ammunition, according to court documents. The informant, a friend and member of law enforcement, told authorities that Spafford was using pictures of then-President Joe Biden for target practice and that “he believed political assassinations should be brought back,” prosecutors wrote.
Two weeks after the assassination attempt of then-presidential candidate Donald Trump in 2024, Spafford told the informant, “bro I hope the shooter doesn’t miss Kamala,” according to court documents. Former Vice President Kamala Harris had recently announced she was running for president. On around the same day, Spafford told the informant that he was pursuing a sniper qualification at the local gun range, court records stated.
Spafford stored a highly unstable explosive material in a garage freezer next to “Hot Pockets and frozen corn on the cob,” according to court documents. Investigators also said they found explosive devices in an unsecured backpack labeled “#NoLivesMatter.”
Spafford has remained in jail since his arrest last December. U.S. District Judge Arenda L. Wright Allen ruled against his release last January, writing that Spafford has “shown the capacity for extreme danger.” She also noted that Spafford lost three fingers in an accident involving homemade explosives in 2021.
Spafford had initially pleaded not guilty to the charges in January. Defense attorneys had argued at the time that Spafford, who is married and a father of two young daughters, works a steady job as a machinist and has no criminal record.
Defense attorney Jeffrey Swartz said at Spafford’s January detention hearing that investigators had gathered information on him since January 2023, during which Spafford never threatened anyone.
“And what has he done during those two years?” Swartz said. “He purchased a home. He’s raised his children. He’s in a great marriage. He has a fantastic job, and those things all still exist for him.”
Investigators, however, said they had limited knowledge of the homemade bombs until an informant visited Spafford’s home, federal prosecutors wrote in a filing.
“But once the defendant stated on a recorded wire that he had an unstable primary explosive in the freezer in October 2024, the government moved swiftly,” prosecutors wrote. |
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Nursing homes struggle with Trump’s immigration crackdown
Court Issues |
2025/07/10 22:39
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Nursing homes already struggling to recruit staff are now grappling with President Donald Trump’s attack on one of their few reliable sources of workers: immigration.
Facilities for older adults and disabled people are reporting the sporadic loss of employees who have had their legal status revoked by Trump. But they fear even more dramatic impacts are ahead as pipelines of potential workers slow to a trickle with an overall downturn in legal immigration.
“We feel completely beat up right now,” says Deke Cateau, CEO of A.G. Rhodes, which operates three nursing homes in the Atlanta area, with one-third of the staff made up of foreign-born people from about three dozen countries. “The pipeline is getting smaller and smaller.”
Eight of Cateau’s workers are expected to be forced to leave after having their Temporary Protected Status, or TPS, revoked. TPS allows people already living in the U.S. to stay and work legally if their home countries are unsafe due to civil unrest or natural disasters and during the Biden administration, the designation was expanded to cover people from a dozen countries, including large numbers from Venezuela and Haiti.
While those with TPS represent a tiny minority of A.G. Rhodes’ 500 staffers, Cateau says they will be “very difficult, if not impossible, to replace” and he worries what comes next.
“It may be eight today, but who knows what it’s going to be down the road,” says Cateau, an immigrant himself, who arrived from Trinidad and Tobago 25 years ago.
Nearly one in five civilian workers in the U.S. is foreign born, according to the Bureau of Labor Statistics, but as in construction, agriculture and manufacturing, immigrants are overrepresented in caregiving roles. More than a quarter of an estimated 4 million nursing assistants, home health aides, personal care aides and other so-called direct care workers are foreign born, according to PHI, a nonprofit focused on the caregiving workforce.
The aging of the massive Baby Boom generation is poised to fuel even more demand for caregivers, both in institutional settings and in individuals’ homes. BLS projects more growth among home health and personal care aides than any other job, with some 820,000 new positions added by 2032.
Nursing homes, assisted living facilities, home health agencies and other such businesses were counting on immigrants to fill many of those roles, so Trump’s return to the White House and his administration’s attack on nearly all forms of immigration has sent a chill throughout the industry.
Katie Smith Sloan, CEO of LeadingAge, which represents nonprofit care facilities, says homes around the country have been affected by the immigration tumult. Some have reported employees who have stopped coming to work, fearful of a raid, even though they are legally in the country. Others have workers who are staying home with children they have kept out of school because they worry about roundups. Many others see a slowdown of job applicants.
Rachel Blumberg, CEO of the Toby and Leon Cooperman Sinai Residences in Boca Raton, Florida, has already lost 10 workers whose permission to stay in the U.S. came under a program known as humanitarian parole, which had been granted to people from Cuba, Haiti, Nicaragua and Venezuela. She is slated to lose 30 more in the coming weeks with the end of TPS for Haitians.
“I think it’s the tip of the iceberg,” says Blumberg, forecasting further departures of employees who may not themselves be deported, but whose spouse or parent is.
Blumberg got less than 24 hours’ notice when her employees lost their work authorization, setting off a scramble to fill shifts. She has already boosted salaries and referral bonuses but says it will be difficult to replace not just aides, but maintenance workers, dishwashers and servers.
“Unfortunately, Americans are not drawn to applying and working in the positions that we have available,” she says.
Front-line caregivers are overwhelmingly female and a majority are members of minority groups, according to PHI, earning an average of just $16.72 hourly in 2023.
Long-term care homes saw an exodus of workers as COVID made an already-challenging workplace even more so. Some facilities were beginning to see employment normalize to pre-pandemic levels just as the immigration crackdown hit, though industry-wide, there is still a massive shortage of workers.
Some in the industry have watched in frustration as Trump lamented how businesses including farming and hospitality could be hurt by his policies, wondering why those who clean hotel rooms or pick tomatoes deserve more attention than those who care for elders. Beyond rescinded work authorizations for people living in the U.S., care homes are having difficulty getting visas approved for registered nurses and licensed practical nurses they recruit abroad.
What used to be a simple process now stretches so long that candidates reconsider the U.S. altogether, says Mark Sanchez, chief operating officer of United Hebrew, a nursing home in New Rochelle, New York.
“There are lines upon lines upon lines,” says Sanchez, “and now they’re saying, ‘I’m going to go to Canada’ and ‘I’m going to go to Germany and they’re welcoming me with open arms.’”
Looking around a facility with a majority-immigrant staff, the son of Filipino immigrants wonders where his future recruits will come from.
“I don’t have ICE coming in my door and taking my people,” Sanchez says, “but the pipeline that was flowing before is now coming in dribs and drabs.”
Long-term care workers are routinely lured away not just by hospitals and doctors’ offices, but restaurants, stores and factories. Half of the average nursing home’s staff turns over each year, according to federal data, making the attraction and retention of every employee vital to their operation.
Robin Wolzenburg of LeadingAge in Wisconsin began working to place an influx of people from Afghanistan after the U.S. pulled out its final troops four years ago and thousands of refugees arrived in her state. Care homes began hiring the refugees and were so delighted with them, some facilities began hiring refugees who arrived from Ukraine, Somalia and Congo. Though many homes had employee retention rates around 30%, Wolzenburg said the figure was above 90% with refugees.
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