DHS allows US Marshals, DEA and ATF to carry out immigration enforcement
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(WASHINGTON) — The Department of Homeland Security is allowing certain law enforcement components from the Department of Justice to carry out the “functions” of an immigration officer, according to a new memo sent by the Acting Secretary of Homeland Security Benjamine Huffeman.
Huffeman’s memo, obtained by ABC News, said the order grants the agencies the “same authority already granted to the FBI.” It said that agents can enforce immigration law.
The agencies listed in the memo are the Drug Enforcement Administration, the Bureau of Alcohol Tobacco and Firearms, the US Marshals Service and the Federal Bureau of Prisons.
The DEA and ATF have had little experience historically in carrying out immigration enforcement. Historically, the US Marshals only get involved when there has been a migrant who has become a fugitive.
Earlier this week, it was announced federal immigration authorities will be permitted to target schools and churches after President Donald Trump revoked a directive barring arrests in “sensitive” areas.
DHS announced Tuesday it would roll back the policy to “thwart law enforcement in or near so-called sensitive areas.”
Schools and houses of worship were once deemed off-limits, as were hospitals, funerals, weddings and public demonstrations, but no longer after the announcement.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense,” Huffeman said Tuesday.
President Donald Trump stands with Secretary of Education Linda McMahon /Chip Somodevilla/Getty Images
(WASHINGTON) — President Donald Trump announced Friday that two key functions of the agency he is seeking to dismantle, the Department of Education, will be moved to new departments: The Small Business Administration will take on student loans, and the Department of Health and Human Services will take on special needs and nutrition efforts.
“I do want to say that I’ve decided that the SBA, the Small Business Administration, headed by Kelly Loeffler, [who] is a terrific person, will handle all of the student loan portfolio,” he said.
“We have a portfolio that’s very large, lots of loans, tens of thousands of loans — pretty complicated deal. And that’s coming out of the Department of Education immediately,” Trump said, adding that he believes it will be “serviced much better” than it has been.
Student loans are currently overseen by the Federal Student Aid Office within the Department of Education, and it handles not tens of thousands of dollars in loans but $1.6 trillion in loans for 43 million people.
However, the SBA, which already handles billions of dollars in loans each year, has faced cuts since Trump took office, saying it would reduce its staff by 43% amid agencywide reorganization.
The SBA said it would “eliminate approximately 2,700 active positions out of a total active workforce of nearly 6,500 through voluntary resignations, the expiration of COVID-era and other term appointments, and a limited number of reductions in force.”
The Federal Student Aid Office employs over 1,000 employees, but it is unclear whether these employees would move under the SBA or how the agency would handle an influx in loans to manage.
Trump noted that Robert F. Kennedy Jr.’s HHS will handle “special needs and all of the nutrition programs and everything else,” conceding that it’s “rather complex.”
“Those two elements will be taken out of the Department of Education, and then all we have to do is get the students to get guidance from the people that love them and cherish them,” Trump said.
The president maintained that the core functions would remain intact.
“Pell Grants, Title 1, funding resources for children with disabilities and special needs will be preserved, fully preserved,” Trump said Thursday before signing the bill. “They’re going to be preserved in full and redistributed to various other agencies and departments that will take very good care of them.”
The president did not offer any details about how exactly those portfolios would be transferred to other agencies, saying only that it would happen “immediately.”
At least one component of the plan — moving the student loan system to another department — is likely to face significant legal pushback.
The central legal issue is likely to focus on the Higher Education Act of 1965, which stipulates that the Federal Student Aid Office should be under the purview of the secretary of education.
“Congress has charged the secretary of education with administering the federal student aid program by issuing student loans and grants to support students’ attainment of higher education,” said Andrew Cook, press secretary for the American Federation of Teachers. “The department’s office of Federal Student Aid is statutorily mandated to do so and has the unique expertise to manage the complex student aid program.”
AFT President Randi Weingarten was more blunt: “See you in court,” she said in a statement after Trump signed the executive order on Thursday.
(WASHINGTON) — President Joe Biden has sparked outrage after commuting the sentence of Leonard Peltier in a last-minute move before leaving office Monday.
Peltier, 80, has spent nearly 50 years in prison after being convicted of the murder of two FBI agents on South Dakota’s Pine Ridge Reservation in 1975. He also escaped from federal prison in 1979 while serving his sentence for the two murders and had five years tacked onto his sentence.
Peltier, a prominent Native American activist before his arrest, has always proclaimed his innocence in the crime.
“This commutation will enable Mr. Peltier to spend his remaining days in home confinement but will not pardon him for his underlying crimes,” Biden wrote in a statement announcing the move.
The commutation came in the same release, issued while now-President Donald Trump’s inauguration ceremony was getting underway at the U.S. Capitol Rotunda, that granted preemptive pardons to five of Biden’s family members, including his brother James Biden, a target of congressional Republicans.
Peltier suffers from significant health issues, according to the release.
Former FBI Director Christopher Wray recently penned a letter to Biden, warning him against commuting Peltier’s sentence. The letter was written on Jan. 10, just days before Wray and Biden left office.
“Mr. President, I urge you in the strongest terms possible: Do not pardon Leonard Peltier or cut his sentence short,” Wray wrote. “It would be shattering to the victims’ loved ones and undermine the principles of justice and accountability that our government should represent.”
On June 26, 1975, FBI agents Jack Coler and Ronald Williams were killed by Peltier in a shootout while they were on the Pine Ridge Reservation.
“Peliter is a remorseless killer, who brutally murdered two of our own–Special Agents Jack Coler and Ronald Williams,” Wray wrote. “Granting Peltier any relief from his conviction or sentence is wholly unjustified and would be an affront to the rule of law.”
Wray said Peliter fled to Canada after he “executed” the two agents “at close range.” Peltier was arrested in Alberta in 1976, before standing trial for the murders.
“In the aftermath of the murders, Peltier engaged in a violent flight from justice, firing shots at police officers as he eluded arrest and burglarizing a home,” Wary wrote. “Following his apprehension months later in Canada, Peltier said that if he had known law enforcement officers were approaching, he would have “blow[n] [them] out of [their] shoes.”
After his trial and conviction for first-degree murder, Peltier participated in a violent escape from federal prison, during which he and others opened fire on prison employees,” Wray wrote. One of the escapees was killed in the shootout.
Wray also wrote a similarly strongly worded letter to the parole board in June 2024, asking that Peltier not be let out. The parole was denied. Then-President Barack Obama denied a clemency request for Peltier in 2017, according to The Associated Press.
“This last-second, disgraceful act by then-President Biden, which does not change Peltier’s guilt but does release him from prison, is cowardly and lacks accountability,” Natalie Bara, president of The FBI Agents Association, said in a statement. “It is a cruel betrayal to the families and colleagues of these fallen Agents and is a slap in the face of law enforcement.”
Kevin Sharp, Peltier’s attorney, told The Associated Press before the parole hearing last year that evidence against Peltier had been falsified.
“You’ve got a conviction that was riddled with misconduct by the prosecutors, the U.S. Attorney’s office, by the FBI who investigated this case and, frankly the jury,” Sharp told the AP. “If they tried this today, he does not get convicted.”
Amnesty International, which has long campaigned for Peltier’s release noted that former U.S. Attorney James Reynolds, who prosecuted the case, has said Peltier should be freed as well. The judge who oversaw his 1986 appeal, Gerald Heany, has also called for Peltier’s release.
Dozens of members of Congress wrote a letter urging for Peltier’s release in October 2023, citing what they said were the “prosecutorial misconduct” and “constitutional violations” that took place during Peltier’s trial.
“President Biden was right to commute the life sentence of Indigenous elder and activist Leonard Peltier given the serious human rights concerns about the fairness of his trial,” Amnesty International said in a statement. “Amnesty International has advocated for the U.S. government to grant Leonard Peltier clemency for years, following the leadership of Tribal Nations and Indigenous Peoples.”
Oath Keepers founder Stewart Rhodes was released early from prison after President Trump commuted his 18-year sentence. (ABC News)
(WASHINGTON) — Protesters endured freezing temperatures to attend a vigil outside the Washington, D.C., jail this week as the moment they waited years for arrived: alleged Jan. 6 rioters walking free after President Donald Trump issued sweeping pardons on his first day back in office on Monday.
Those demonstrators gathered each night in support of the incarcerated Jan. 6 defendants, talking on speakerphone and joining in song with people jailed just steps away.
On Jan. 6, 2021, the U.S. Capitol was attacked by a mob of Trump supporters two months after his defeat in the 2020 presidential election. At the time, a joint session of Congress was counting the Electoral College votes to formalize Joe Biden’s victory. Trump pardoned around 1,500 people charged or convicted in crimes tied to the day’s events.
One of those pardoned was Pennsylvania resident Robert Morss, who was convicted of assaulting police officers on Jan. 6. Morss drove to the D.C. vigil after he was officially released early from his halfway house.
He was pressed by ABC News about whether there was any justification for hurting a police officer.
“I would say that the justification for defending yourself would have to be predicated on the threat level,” he said. “I would never say that there’s any justification for hurting a cop, I would never say there’s any justification for hurting anybody and we’re not the party that condones violence.”
Multiple accused rioters have put forward defenses that they were incited to violence by police, but none were successful in court. Approximately 140 police officers were injured that day, according to the Department of Justice.
The Washington, D.C., Police Union, which represents officers from the Metropolitan Police Department, expressed “dismay” over the pardons in a statement.
“As an organization that represents the interests of the 3,000 brave men and women who put their lives on the line every day to protect our communities, our stance is clear — anyone who assaults a law enforcement officer should be prosecuted to the fullest extent of the law, without exception,” it said.
In an internal memo obtained by ABC News, Capitol Police Chief Thomas Manger praised officers in the wake of the pardons. Manger said that “when there is no price to pay for violence against law enforcement, it sends a message that politics matter more than our first responders.”
In addition to mentioning Trump’s pardons for Jan. 6 rioters, he also cited former President Joe Biden’s decision to commute the sentence of Leonard Peltier, who was convicted of killing two FBI agents in 1975.
“Police willingly put themselves in harm’s way to protect our communities. When people attack law enforcement officers, the criminals should be met with consequences, condemnation and accountability,” Manger said in the memo.
While most Jan. 6 rioters were charged with nonviolent offenses, more than 250 were convicted of violent crimes, including assaulting police officers, according to an ABC News review of court records.
In the aftermath of the attack, both Republicans and Democrats condemned people responsible.
“The thugs who stormed the Capitol today and incited violence should be arrested and prosecuted to the fullest extent of the law. Every single one of them,” Sen. Rick Scott, a Florida Republican, wrote on X on Jan. 6, 2021.
However, after the pardons, Republican lawmakers largely defended Trump’s pardon powers and Scott sidestepped ABC News’ questions about whether the pardons should have applied to violent offenders.
“I haven’t gone into the detail,” he said.
Not every Jan. 6 defendant received a pardon — 14 had their sentences commuted instead.
All were members of militant groups the Proud Boys and the Oath Keepers who were charged with sedition. Prosecutors said they tried to use the Capitol attack to stop the peaceful transfer of power.
Oath Keepers founder Stewart Rhodes was released early from his 18-year prison sentence. He did not enter the Capitol on Jan. 6 and maintained that his group only intended to provide security and medical aid to those attending multiple pro-Trump demonstrations in the area, prosecutors said.
After his release, he came back to Washington, D.C., and told ABC News that people who committed acts of violence deserve a pardon and claimed that none of the Jan. 6 defendants received fair trials.
“They still have a right to a fair trial,” he said. “And if the jury pool is drawn up of the victims, the judges themselves said that all people who live in D.C. were victims of Jan. 6.”
Heather Shaner, a public defender who represented more than 40 nonviolent Jan. 6 defendants, had a different take.
“As an attorney, I think they have been handled with excruciating fairness. And my clients feel the same way, by the way,” she told ABC News. “They got a public defender. They were given all the evidence against them. And they got what they considered fair pleas and fair sentences.”
Jason Riddle, who was sentenced to 90 days in prison after pleading guilty to illegally protesting in the Capitol and raiding a liquor cabinet, echoed that sentiment. He wants nothing to do with a Trump pardon, even though he got one.
“Because I did it, I’m guilty of the crime,” he told ABC News.
The New Hampshire man called Jan. 6 “the biggest display of disrespect you ever saw in your life,” acknowledging that he raided a liquor cabinet and noting that people were defacing the walls of the Capitol.
“And like, Trump called that a ‘beautiful day.’ Trump said that was ‘a day of love,'” he told ABC News.
ABC News’ Alex Mallin and Diana Paulson contributed to this report.
