Judge rules Biden’s ‘Keeping Families Together’ program for undocumented spouses is illegal
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(WASHINGTON) — A federal judge has struck down the Biden administration’s program known as “Keeping Families Together,” dealing a major blow to the estimated half a million undocumented spouses of U.S. citizens that DHS estimates would have benefited.
The administration announced the program in June, but a coalition of 16 Republican-led states — led by Texas and Stephen Miller’s America First Legal — quickly filed a lawsuit after applications were made available in August.
A federal judge put the program on hold just days after hopeful applicants filed their paperwork.
The program would have provided temporary relief from deportation for undocumented spouses and stepchildren of U.S. citizens through a process known as “parole in place.” It would have allowed them to apply for legal status without having to leave the country.
On Thursday, Judge J. Campbell Barker ruled in favor of the Republican-led effort to dismantle the program, agreeing with Republican states that the administration had exceeded its statutory authority because the Immigration and Nationality Act allows for paroling people “into the United States,” not to those already in the country.
Noncitizen spouses are already eligible for legal status under current laws but often have to apply from their home countries and face up to a 10-year ban from returning to the U.S.
In August, ABC News spoke with a 24-year-old woman who was one of the first people to be approved under the program. She is married to a U.S. citizen and they have a 3-year-old child.
It’s unclear at the moment what will happen to people who have already submitted their paperwork, like Cecilia, and if they’ll be able to get their application fees refunded.
ABC News has reached out to U.S. Citizenship and Immigration Services and the White House for a comment.
“District Court Judge J. Campbell Barker did not just dismantle the Keeping Families Together program, he shattered the hopes of hundreds of thousands of American families. The Biden-Harris program would have allowed noncitizen spouses and noncitizen stepchildren of U.S. citizens to stay in the country after they’ve contributed to our communities, helped grow our economy, and built lives with their loved ones” Ashley DeAzevedo, president of American Families United, said in a statement to ABC News.
“We urge the Biden-Harris administration to immediately appeal Judge Barker’s ruling, preventing Texas Attorney General Ken Paxton and 15 other Republican Attorneys General cruel lawsuit from devastating over 550,000 individuals in mixed-status families. Families like ours deserve better than this blatant attempt to stop a legal program, and we will not stop until the courts rectify this injustice,” DeAzevedo said.
(WASHINGTON) — Immigration advocacy groups and Democratic leaders are seeking to disrupt President-elect Donald Trump’s plan to deport millions of undocumented immigrants by pre-drafting lawsuits that could be filed as soon as he takes office.
Trump has vowed carry out what he calls “the largest deportation operation” in the country’s history, and has pledged to reinstate and expand his controversial ban on people coming into the U.S. from certain majority-Muslim countries as part of his immigration policy.
On Monday, he re-emphasized on Truth Social that he is prepared to declare a national emergency and use military assets to carry out his promise of mass deportation.
Several immigration advocates and Democratic leaders told ABC News they have spent months preparing for the prospect of another Trump presidency and the expected crackdown on immigrants that Trump and his newly tapped border czar Tom Homan have promised.
Homan, who has embraced Trump’s pledge to undertake mass deportations on “Day 1” of the new administration, oversaw the U.S. Immigration and Customs Enforcement agency (ICE) during the Trump administration’s “zero tolerance” enforcement that separated parents from their children at the border.
“In California, we’ve been thinking about the possibility of this day for months and in some cases, years, and been preparing and getting ready by looking at all of the actions Trump said he will take,” California Attorney General Rob Bonta told ABC News.
Bonta said his team has prepared briefs on several immigration issues that Trump mentioned on the campaign trail. including mass deportations, birthright citizenship, Deferred Action for Childhood Arrivals (DACA) and sanctuary cities.
“There will be pain and harm inflicted by him. It is not all avoidable, but to get to our immigrant communities in ways that are in violation of the law, they’re going to have to go through me, and we will stop them in courts using our legal tools given to us,” Bonta said.
The California attorney general claims that 80% of the state’s legal challenges against the immigration executive orders and policies from Trump’s first term were successful.
“We’re very confident that we will block major efforts by the federal administration, that we will be able to blunt some of the worst of it,” Bonta said.
The 24 Democratic state attorneys general across the United States hope to present a unified front to block the Trump administration’s immigration policy by using his first term as a blueprint, according to Sean Rankin, the president of the Democratic Attorneys General Association.
“When we look at immigration, we know that that is something that the president has talked about over and over and over again,” Rankin told ABC News. “At this point, we’re not connecting dots. We’re following flashing arrows. It’s very easy to see where they’re going to go.”
One of Homan’s targets in his mass deportation plan are sanctuary states and cities — places that have enacted laws designed at protecting undocumented immigrants. The policies, which vary by state, generally prohibit city officials from cooperating with the federal immigration authorities.
“They better get the hell out of the way,” Homan said last week, regarding the governors of sanctuary states. “Either you help us or get the hell out of the way, because ICE is going to do their job.”
Leaders in several sanctuary cities have said they are going to fight back using all the tools legally available to protect immigrant communities.
“We have been doing the work in this office to prepare for a lot of different hypotheticals and we will be prepared to face those with every tool that we have,” said Washington Attorney General Bob Ferguson at a press conference last week.
Ferguson told reporters that between 2017 and 2021, his legal team defeated 55 “illegal actions” and policies from the Trump administration. But while his office has been preparing litigation for months, Ferguson said he believes the second Trump administration will also be better prepared than the first one.
“One of many reasons why we were successful with our litigation against the Trump administration was they were often sloppy in the way they rolled out and that provided openings to us to prevail,” Ferguson told reporters. “In court this time around, I anticipate that we will see less of that, and that is an important difference.”
In addition to considering the use of the military to carry out deportations, Trump and his allies have suggested using an obscure section of the 1798 Alien and Sedition Acts — a set of 18th century wartime laws — to immediately deport some migrants without a hearing.
Lee Gelernt, the deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, told ABC News that they have been preparing for the potential use of the military to conduct deportations.
“They’re going to try and use the military, under the alien enemies act, to summarily deport people,” Gelernt said. “We will try and challenge it immediately.”
Gelernt, who led the ACLU’s legal response to family separations in Trump’s first term, said he expects the upcoming Trump administration to be “worse for immigrants” than the first.
“The Trump team has apparently been preparing for four years to implement anti-immigrant policies, and the rhetoric in the country has gotten so much more polarized than it was in 2016,” Gelernt said.
During Trump’s first term, Gelernt said groups like the ACLU were caught off-guard with some of his executive orders like the travel ban — but this time around, the organization has been preparing litigation for almost a year. In 2018, the Supreme Court upheld Trump’s controversial ban on travel from several predominantly Muslim countries, which the Biden administration later eliminated. Since then, Trump has appointed two Supreme Court justices.
“We are plotting out our challenges with much more advanced preparation, and we are doing our best to coordinate among all the various NGOs [non-governmental organizations] around the country,” Gelernt said.
“As litigators, we’ve been convening, we’ve been preparing, we’ve been trying to anticipate the unimaginable as we walk into the next four years,” said Alina Das, co-director of the Immigrant Rights Clinic at the New York University School of Law.
(WASHINGTON) — Former GOP Rep. Matt Gaetz announced Thursday he is withdrawing his name from consideration to be President-elect Donald Trump‘s attorney general.
“I had excellent meetings with Senators yesterday,” Gaetz wrote in a post on X. “I appreciate their thoughtful feedback – and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1.”
“I remain fully committed to see that Donald J. Trump is the most successful President in history,” Gaetz added. “I will forever be honored that President Trump nominated me to lead the Department of Justice and I’m certain he will Save America.”
Gaetz informed Trump late Thursday morning that he’d be withdrawing, sources familiar with the matter told ABC News.
Trump issued a statement after Gaetz’s announcement saying he appreciated his “recent efforts” to seek Senate approval.
“He was doing very well but, at the same time, did not want to be a distraction for the Administration, for which he has much respect,” Trump wrote. “Matt has a wonderful future, and I look forward to watching all of the great things he will do!”
Trump announced last Wednesday he was tapping Gaetz to serve as the nation’s top law enforcement officer. Gaetz, a conservative firebrand in Congress, resigned shortly after.
The choice shocked many Republicans on Capitol Hill and raised eyebrows within Justice Department.
Gaetz has been under scrutiny amid sexual misconduct allegations, including accusations he had sex with minors, which he’s long denied.
Sources told ABC News in the last few days it became clear to the Trump team that Gaetz was not going to have enough votes for a Senate confirmation with sources close to the president-elect telling ABC News “no path to 50” senators.
This is a developing story. Please check back for updates.
Official White House Photo by Shealah Craighead. Via Flickr
(WASHINGTON) — After a sweeping victory over Vice President Kamala Harris on Nov. 5, President-elect Donald Trump is now set to become just the second ever to serve nonconsecutive terms in office.
Trump has wasted no time in moving to assemble his team for a second term in the White House — naming Susie Wiles as his chief of staff and New York Rep. Elise Stefanik as U.N. ambassador, among other positions.
Inauguration Day is Jan. 20.
November 12, 2024, 11:50 AM EST – Will Trump’s administration picks impact House control?
While control of the House has not yet been projected by ABC News, Republicans are inching toward maintaining their slim majority.
But already, Trump has picked several lawmakers to serve in his administration: Rep. Elise Stefanik for United Nations ambassador and Rep. Mike Waltz for national security adviser.
Speaker Mike Johnson, asked about the issue on Tuesday, said he’s spoken to Trump about it several times.
“We have a really talented Republican Congress … Many of them can serve in important positions in the new administration. But President Trump fully understands, appreciates the math here and it’s just a numbers game,” Johnson said. “You know, we believe we’re going to have a larger majority than we had last time.”
The speaker added: “I don’t expect that we will have more members leaving, but I’ll leave that up to him.”
November 12, 2024, 11:39 AM EST – Billionaire John Paulson says he’s not a candidate for Treasury role
Billionaire John Paulson said Tuesday he does not plan to formally join the administration as the secretary of the U.S. Department of the Treasury, though he said he intends to remain actively involved with Trump’s economic team.
“Although various media outlets have mentioned me as a candidate for Secretary of the Treasury, my complex financial obligations would prevent me from holding an official position in President Trump’s administration at this time,” Paulson said in a statement.
“However, I intend to remain actively involved with the President’s economic team and helping in the implementation of President Trump’s outstanding policy proposals,” he added.
-ABC News’ Beatrice Peterson
November 12, 2024, 11 AM EST – Johnson teases Trump visit to the Capitol
House Speaker Mike Johnson confirmed that Trump is expected to visit the U.S. Capitol to celebrate a potential Republicans “trifecta” on Wednesday morning before he sits down in the Oval Office with President Joe Biden later in the day.
“Well, I’ll say I didn’t intend to break this as news this morning,” Johnson quipped as he held a press conference with House Republican leadership.
“He wanted to come and visit with House Republicans, so we’re working out the details of him gathering with us potentially tomorrow morning, before he goes to the White House,” Johnson said. “And that would be a great meeting and a moment for all of us, there’s a lot of excitement, a lot of energy here. We’re really grateful for President Trump leaving it all on the field to get reelected.”
ABC News’ John Parkinson, Isabella Murray and Lauren Peller
November 12, 2024, 11 AM EST – House Republican leadership say they’re ready for Day 1 under Trump
Returning to Washington on Tuesday, Speaker Mike Johnson and other top House Republicans took a victory lap on last week’s election results.
While ABC News has not yet projected House control, Republicans are three seats away from clinching the 218 needed for a majority.
Johnson said they are monitoring outstanding races closely but are confident they will have a “unified” government come January.
“This leadership will hit the ground running to deliver President Trump’s agenda in the 119th Congress, and we will work closely with him and his administration to turn this country around and unleash, as he says, a new golden age in America,” Johnson said at a press conference on the Capitol steps.
November 11, 2024, 11:22 PM EST – Trump’s new ‘border czar’ issues warning to sanctuary states and cities
President-elect Donald Trump’s newly picked “border czar” Tom Homan addressed his forthcoming deportation plan and state leaders who have objected to sweeping immigration policies.
During an appearance on Fox News on Monday, Homan issued a warning to so-called “sanctuary” states and cities to “get the hell out of the way” of the Trump administration’s mass deportation plans.
“I saw today numerous governors from sanctuary states saying they’re going to step in the way. They better get the hell out of the way. Either you help us or get the hell out of the way, because ICE is going to do their job,” he warned, referring to the U.S. Immigration and Customs Enforcement, where he formerly served as director.
“I’ll double the workforce in that sanctuary city. We’re going to do our job despite the politics. We’re doing it. So get used to it, because we’re coming,” Homan said.
When asked if he plans to deport American citizens, Homan said, “President Trump has made it clear we will prioritize public safety threats and national security threats first, and that’s how the focus would be.”
-ABC News’ Soo Rin Kim
November 11, 2024, 8:48 PM EST – Trump expected to tap Sen. Marco Rubio for secretary of state: Sources
President-elect Donald Trump is expected to announce his intention to nominate Sen. Marco Rubio (R-Fla.) for secretary of state, according to multiple sources familiar with the matter.
Rubio, 53, has served in the Senate since 2011. He is currently the vice chair of the Senate Select Committee on Foreign Intelligence, and he also sits on the chamber’s Foreign Relations Committee.
Several long-serving State Department officials tell ABC News they respect Rubio’s extensive foreign policy experience and view him as unlikely to overly politicize the secretary of state role.
The secretary of state is appointed by the president with the consent of the Senate.
-ABC News’ Katherine Faulders and Shannon Kingston
November 11, 2024, 7:00 PM EST – Trump asks Rep. Mike Waltz to be his national security adviser: Sources
Trump has asked Rep. Mike Waltz, R-Fla., to be his national security adviser, multiple sources said.
Waltz was at Mar-a-Lago on Monday, sources said.
Waltz is a former Green Beret and China hawk who emerged as a key surrogate for Trump, criticizing the Biden-Harris foreign policy record during the campaign.
The Florida Republican sits on the Intelligence, Armed Services and Foreign Affairs committees.
He has supported aid to Ukraine in the past but has demanded “conditions,” including increased spending from European allies, additional oversight of funds and pairing the aid with border security measures.
Waltz, who has visited Ukraine, was a vocal critic of the Biden administration’s policy towards Ukraine, criticizing the White House and allies for not providing Ukraine with more lethal aid — such as MiG fighter planes — earlier in the conflict.
Before running for elected office, Waltz served in various national security policy roles in the Bush administration, Pentagon and White House.
-ABC News’ Rachel Scott, Benjamin Siegel, John Santucci and Katherine Faulders
November 11, 2024, 6:06 PM EST – Volunteer-run effort on RFK Jr.’s website crowd-sourcing ideas for Trump admin appointments
A volunteer-run effort on Robert F. Kennedy Jr.’s website has begun crowd-sourcing ideas for appointments in Trump’s administration.
A website titled “Nominees for the People” gives anyone the chance to submit names of people they’d like to see join the administration.
“President Trump and Robert F. Kennedy Jr. want your help nominating people of integrity and courage for over 4,000 appointments across the future Trump administration,” the website reads.
Stefanie Spear, a Kennedy spokeswoman, told ABC News that the crowd-sourcing effort is “a grassroots initiative run by volunteers,” and is not actually spearheaded by Kennedy, although the page uses the “mahanow.org” URL that Kennedy’s official campaign website adopted after he exited the race.
“We’ve always offered space on our website to our grassroots movement,” Spear said.
This post has been updated to reflect that the crowd-sourcing effort is a volunteer-run effort.
-ABC News’ Sasha Pezenik
November 11, 2024, 5:55 PM EST – Trump’s ‘border czar’ says mass deportation strategy will be a main priority
Former Immigration and Customs Enforcement Director Tom Homan, Trump’s newly announced “border czar,” said his main priority will be overseeing and formulating Trump’s long-vowed mass deportation strategy while consolidating decisions related to border security.
“Everybody talks about this mass deportation operation. President Trump talks about. I’ll oversee that and come up with a strategy for that,” Homan said during a lengthy interview with his hometown television station WWNY on Monday.
Homan said Trump’s mass deportations is “going to be a targeted enforcement operation, concentrating on criminals and national security threats first.”
He acknowledged that the deportations would be costly but argued the policy would “save the taxpayers a lot of money.”
Homan said he does not plan to “separate women and children” but acknowledged that deporting alleged criminals would result in breaking up families.
“When we arrest parents here, guess what? We separate them. The illegal aliens should be no different,” Homan said.
Homan also said worksite enforcement — an aspect of immigration policy focused on unauthorized workers and employers who knowingly hire them — is “going to get fired back up.”
“Under President Trump, we’re going to work it and we’re going to work it hard,” he said.
-ABC News’ Peter Charalambous
November 11, 2024, 5:46 PM EST – Melania Trump skipping meeting with Jill Biden: Sources
Melania Trump is not expected to travel to Washington with President-elect Donald Trump on Wednesday, two sources told ABC News.
First lady Jill Biden had extended an invite to Melania Trump for a meeting, according to the sources. In 2016, Michelle Obama had hosted Melania Trump at the White House.
The Trump campaign declined to comment. The first lady’s office confirmed to ABC News that a joint invitation was extended to the Trumps to meet at the White House though declined to comment beyond that.
-ABC News’ Rachel Scott, John Santucci and Molly Nagle
November 11, 2024, 4:26 PM EST – RFK Jr. advising Trump transition on health decisions: Sources
Robert F. Kennedy Jr. has continued to broadly advise Trump and the transition team on health-related appointments and has been in discussions to possibly fill a major role in the next administration, sources familiar with the matter told ABC News.
While sources caution that a role has not been finalized, RFK Jr. has been discussed as a potential candidate for the next secretary of Health and Human Services. But other roles are also on the table, including a broad “czar”-like position that would advise on policy and personnel decisions in other health arenas, the sources said.
RFK Jr. has been in active discussions with the transition team since Trump’s election victory last week. He’s been spotted at Trump’s Mar-a-Lago club multiple times and has been engaging in presentations which include candidates for specific Cabinet and health-related jobs, sources said.
He has spent hours with the co-heads of Trump’s transition team — billionaire Howard Lutnick and Linda McMahon — in addition to others at Mar-a-Lago such as Trump’s son Donald Trump Jr.; investor and donor Omeed Malik; Tucker Carlson; and Del Bigtree, RFK Jr.’s former campaign spokesperson who produced a documentary called “Vaxxed: From Cover-Up to Catastrophe.”
-ABC News’ Katherine Faulders, Olivia Rubin and Will McDuffie
November 11, 2024, 3:30 PM EST – Lee Zeldin named to be EPA administrator
President-elect Donald Trump has tapped former New York Rep. Lee Zeldin to lead the Environmental Protection Agency.
“Lee, with a very strong legal background, has been a true fighter for America First policies,” Trump said in a statement. “He will ensure fair and swift deregulatory decisions that will be enacted in a way to unleash the power of American businesses, while at the same time maintaining the highest environmental standards, including the cleanest air and water on the planet. He will set new standards on environmental review and maintenance, that will allow the United States to grow in a healthy and well-structured way.
Zeldin, who also ran for New York governor against Andrew Cuomo in 2022, confirmed he had been offered the job via a post on X.
“It is an honor to join President Trump’s Cabinet as EPA Administrator,” he wrote. “We will restore US energy dominance, revitalize our auto industry to bring back American jobs, and make the US the global leader of AI. We will do so while protecting access to clean air and water.”
-ABC News’ John Santucci, Rachel Scott and Katherine Faulders
November 11, 2024, 3:06 PM EST -RFK Jr. suggests he’ll gut NIH, replace 600 employees
Robert F. Kennedy Jr. indicated over the weekend that he would fire 600 employees at the National Institutes of Health, replacing them with a new cohort of workers as he seeks to dramatically reshape America’s health agencies.
Speaking at the Genius Network Annual Event in Scottsdale, Arizona, Kennedy described his role vetting people for Donald Trump’s new administration.
“We need to act fast, and we want to have those people in place on Jan. 20, so that on Jan. 21, 600 people are going to walk into offices at NIH and 600 people are going to leave,” Kennedy said, according to a video of his remarks posted on YouTube.
November 11, 2024, 3:06 PM EST- Trump expected to announce Stephen Miller as deputy chief of staff
President-elect Donald Trump is expected to announce Stephen Miller, an immigration hard-liner and one of his senior advisers, will become his deputy chief of staff for policy, multiple sources familiar with the matter told ABC News.
It’s not clear when Trump plans to formally announce the job, the sources said.
Miller worked in the first Trump administration and played a key role in crafting immigration policies — including those that resulted in thousands of families being separated at the border.
-ABC News’ Rachel Scott, John Santucci and Katherine Faulders
November 11, 2024, 3:00 PM EST – Trump picks Elise Stefanik as UN ambassador
President-elect Donald Trump selected Rep. Elise Stefanik to be his U.S. ambassador to the United Nations, multiple Trump officials told ABC News.
“I am honored to nominate Chairwoman Elise Stefanik to serve in my Cabinet as U.S. Ambassador to the United Nations. Elise is an incredibly strong, tough, and smart America First fighter,” Trump said in a statement to ABC News.
Stefanik, a Republican congresswoman from New York’s 21st District, was elected last week to her sixth term in the House. She will inherit a role Nikki Haley held for two years in the first Trump administration.
-ABC News’ Rachel Scott, Katherine Faulders and John Santucci
