Politics
From working with Black Panthers to calling for cease-fire, Barbara Lee stands by her beliefs
On a rainy January day, Rep. Barbara Lee wandered the campus of Mills College pointing out sites from her momentous past.
The leafy, seminary-like grounds in Oakland look different from when she attended. To her frustration, even the school’s name has been changed to Northeastern University Oakland.
But for Lee, her time on campus is preserved in amber — the years of student activism, her first trip to Africa, and a political awakening.
Rep. Barbara Lee gives a tour of her alma mater, Northeastern University Oakland. “I’m a Black woman in America; we always have to deal with stuff, because like Shirley Chisholm said, ‘These rules weren’t made for me,’’’ she said.
(Loren Elliott / For The Times)
It’s where she met Shirley Chisholm, the first Black woman elected to Congress, and where she volunteered with the Black Panthers during the tumultuous late 1960s and early ’70s. Her work at the women’s college provided her first taste of Oakland politics, one that carried her to Congress and now animates her bid for the U.S. Senate against fellow Democratic Reps. Adam B. Schiff and Katie Porter, as well as Republican and former Dodger Steve Garvey.
“She is an organic leader who was a seed that came from the soil of the Oakland community, which has long cared deeply about doing right in society,” said retired Pastor Alfred J. Smith, 92, a famed local clergyman who led Allen Temple Baptist Church, which Lee has attended for decades.
Lee’s quarter-century serving in Congress has been defined by that desire to do right. At times it’s been a lonesome pursuit, but it’s one that she feels has, over the years, proved prescient.
Lee cast the sole vote in 2001 against the Authorization for the Use of Military Force that gave then-President George W. Bush the power to wage war against the nations, people and organizations that aided the Sept. 11 terrorist attacks that felled the World Trade Center towers.
Her support in 2003 for Medicare for all, to provide comprehensive healthcare to all Americans, was considered a relatively fringe position at the time but is now a common topic of debate in Democratic primaries.
Lee speaks during a televised debate on Jan. 22 in Los Angeles for candidates in the Senate race to succeed the late Dianne Feinstein.
(Damian Dovarganes / Associated Press)
More recently, Lee, 77, called for a cease-fire the day after Hamas’ Oct. 7 attack on Israel, as Israel’s military began responding with attacks on the Gaza Strip, where Hamas is based. Her top Democratic opponents, Schiff and Porter, both declined to take that position initially. Porter later came to support a cease-fire, while Schiff remains opposed to one.
During her time in Congress, Lee has represented one of the most liberal districts in the state if not the country, which gives her the freedom to stick to her progressive ideals and take tough, sometimes unpopular stands. But that shield also has been isolating, since issues that might be popular in Oakland and Berkeley may not be as closely embraced in less politically progressive areas of the state.
Though much of the nation sees California as a far-left haven, its residents hold a wide range of political views, which may explain in part why Lee has been languishing in recent opinion surveys on the Senate race. The latest polling from the UC Berkeley Institute of Governmental Studies last month indicated that Schiff was backed by 21% of likely voters, compared with 17% for Porter and 13% for Garvey. Lee was in fourth, with the support of 9% of likely voters.
Schiff and Porter also have far larger national profiles and more sophisticated fundraising operations than Lee, said Ludovic Blain, executive director of the progressive California Donor Table, which has endorsed Lee.
From left, Reps. Barbara Lee, Adam B. Schiff and Katie Porter along with Republican Steve Garvey participate in a Senate debate last month in Los Angeles.
(Damian Dovarganes / Associated Press)
“She and those of us who support her haven’t been able to pull together the funds needed to educate voters about her, especially younger voters,” Blain said.
Just nine Black people have ever been elected to the Senate. Only two, Lee is quick to remind people, were women. Now more than ever, she said, the Senate needs her experience — which includes living through America’s civil rights movement and the entrenched discrimination that still lingers more than half a century later; the daily challenges of single motherhood; being surveilled by the FBI as a young activist in Oakland; and facing death threats and accusations of being a traitor for opposing the war in Afghanistan.
“I’m a Black woman in America; we always have to deal with stuff, because like Shirley Chisholm said, ‘These rules weren’t made for me,’” Lee said.
Lee’s assertiveness has made Democratic leaders uncomfortable at times, including last fall when she criticized Gov. Gavin Newsom for saying he’d appoint a Black woman to the seat to replace the late Sen. Dianne Feinstein — but not any of the candidates already running in the 2024 Senate election, since that would provide an advantage. That took Lee out of consideration for an appointment.
“By advocating for herself, she never had a chance. The minute she spoke up she [disqualified] herself,” said Democratic consultant Doug Herman, who helped elect Los Angeles Mayor Karen Bass in 2022.
In the end, Newsom appointed Emily’s List Chief Executive Laphonza Butler, who later announced she wouldn’t run for a full term.
For Blain and other Lee allies, the goal was not to get a Black woman into that seat just to serve until the end of 2024 — but to have one win and serve an entire term.
“She did a great job of pushing, because the knots that Gavin tied himself up in needed to be exposed. He needed to be held accountable,” Blain said of Lee’s criticism of the governor.
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Lee’s political idealism and moral clarity rose from a life beset by heartache, personal injustice and misfortune.
Born in El Paso, Lee recalls often how her mother, Mildred, nearly died during childbirth. When Lee was a teenager, her family moved to the San Fernando Valley, where she became the first Black cheerleader at her high school after her mother urged her to enlist the support of the local chapter of the NAACP, the civil rights group.
Lee later became pregnant, and since abortion was then illegal in California — as it is now in many conservative states — her mother sent her back to Texas to cross the border with $200 to obtain an abortion in Ciudad Juárez, Mexico.
When she was just out of high school, she married an Air Force serviceman and moved to England, where they lived for two years before divorcing. She landed in the Bay Area with their two sons and began dating a man who abused her, she recounted in her autobiography, “Renegade for Peace and Justice: Congresswoman Barbara Lee Speaks for Me.”
Lee at a civil rights and nuclear disarmament march on the National Mall in Washington in 1978.
(Barbara Lee)
In the aftermath of this trauma, she floated in and out of homelessness — staying in cheap hotels to keep her young boys off the streets.
It was around this time when Lee arrived on Mills College’s campus and became enmeshed in the activist culture of the Black Panthers. By 1971 the organization had become famous — and heavily criticized — for its founders’ view that Black Americans needed to arm and protect themselves from law enforcement agencies targeting Black communities.
In the late 1960s, violent confrontations between the Black Panthers and police across the nation left organization leaders dead. The Black Panther Party’s armed patrols of Oakland neighborhoods to protect residents from police brutality, and their armed protest at the state Capitol, led to a 1967 California law that made it illegal to carry a loaded firearm in public without a permit — a law signed by the Republican governor, Ronald Reagan.
Images of armed Black Panther Party members in leather jackets and berets outside the Capitol swept the nation and brought the group more fame, funding and notoriety.
Lee never formally joined the party but served as a community worker at a time when the group was pulling back from its more global revolutionary goals and focusing on volunteer work and building local political power in the East Bay Area.
Lee with her former boss, the late Rep. Ronald V. Dellums of Oakland, right, a progressive icon whom she would succeed in Congress, in an undated photo.
(Barbara Lee)
“It was mainly community service, and political awareness,” Lee said.
Previously, Lee had been an underclassman at Mills who brought her two sons to statistics class and led the Black Student Union. She had never registered with a political party, much less voted. Her focus — very much at the behest of her parents — was good grades and stability. She bought her first home near campus for about $19,000 through a federal program while she was still a student.
When she took a class that required students to volunteer on a 1972 presidential campaign, none of the candidates appealed to her.
“I said, ‘Flunk me, I’m not working in any of these guys’ campaigns,’” she recalled.
That winter, faced with the prospect of failing the class, she invited then-Rep. Shirley Chisholm, a New York Democrat, to speak on campus to the Black Student Union. Chisholm, described by the Oakland Tribune as “the dynamic little woman with the big voice,” spoke about the need for big countries to limit arms sales, stopping aid to countries that repress their citizens, and reducing discrimination in housing.
All of these subjects would become signature policy issues for Lee.
“America is at a crossroads today and it is going to take a combination of men, women, young people, Blacks, Chicanos and Indians — everything put together, not in a melting pot but in a salad bowl — to straighten it out,” Chisholm told the crowd.
After Chisholm announced her plans to run for president, Lee walked up to her and volunteered for her campaign. Eventually she rose to become the campaign’s organizing director in Northern California and one of the 28 delegates representing Chisholm at the 1972 Democratic National Convention in Miami Beach.
Lee on the campus of her alma mater, Northeastern University Oakland (formerly Mills College), last month.
(Loren Elliott / For The Times)
“Barbara had never even registered to vote before. But in the end they were to be responsible for a 9.6 percent vote for me in Alameda County,” Chisholm wrote in her memoir of Lee and another Mills College student, Sandra Gaines.
Lee and Gaines, Chisholm wrote, “could operate without having the aura of power and authority that an outside leader would have relied on.”
The 20-something Lee had begun to straddle the worlds of activism and more mainstream political work. The Chisholm campaign taught her how to organize and to be a sophisticated fundraiser — training that would stay with her. But the experience also alienated her from some of the Black Panthers activists she worked with, Lee recounted in her book.
“There were Black Panthers who accused me of being an FBI agent or simply part of ‘The System,’” she wrote.
She’d arrived in the Bay Area in the late 1960s as a single mom to two children and had survived a violent and abusive relationship. By the middle of the next decade, her activism and organizing work would help her overcome the pain she’d experienced and give her a sense of purpose from which to build.
Lee said the Panthers and her time at Mills College served as a bridge from a young adulthood marked by insecurity and grief, and molded the political worldview that would carry her into elected office.
“Being a part of the Black Panther movement toughened me up,” she wrote.
“It made me realize that racism, sexism, economic exploitation, poverty … are a by-product or result of a system of capitalism that relies on cheap labor and keeping people fighting each other rather than uniting and working together for the common good.”
Mourners gather for the funeral of Black Panther George Jackson at St. Augustine’s Episcopal Church in Oakland in 1971.
(Harold Adler / Underwood Archives / Getty Images)
This foray into politics launched a career in which she was able to maneuver inside the system as well. After Chisholm lost, Lee worked as fundraising coordinator for the 1973 Oakland mayoral campaign of Black Panther founder Bobby Seale, who took the Republican incumbent to a runoff but lost.
As Lee fell more fully into political work, she obtained a master’s degree in social work from UC Berkeley in 1975 and helped start Community Health Alliance for Neighborhood Growth and Education, or CHANGE Inc., a nonprofit that offered mental services to East Bay residents.
Elaine Brown, a former Black Panther Party chair, said Lee was driven to help people, whether inside the political system or outside it.
“You have a Joe Biden today, who would pretend that he is doing something, but he’s not. Barbara was true to her word,” Brown said. “She wanted to be elected so she could vote for things that would serve our interests. It wasn’t very complicated. It was very deep and very sincere.”
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During a recent drive to St. Augustine’s Episcopal Church in west Oakland, Lee passed by large homeless encampments and boarded-up storefronts. The Black Panthers had served free breakfast for kids at the church — an experience that impressed upon her how government didn’t sufficiently care for the country’s neediest while focusing on military interventions abroad.
“It was always on my mind that what I saw then and now is because of systemic policies and institutional racism,” Lee said. “Back then I really felt I wasn’t just putting a Band-Aid on something.”
It was through political education classes, she said, that she’d come to understand “the circumstances that gave rise to this” system, but that “in the meantime, we had to help people survive.”
Lee poses outside St. Augustine’s Episcopal Church in Oakland, where she had participated in Black Panther Party events including serving free breakfast to kids.
(Loren Elliott / For The Times)
Lee eventually became chief of staff for Rep. Ronald V. Dellums (D-Oakland), a progressive icon whom she would succeed in Congress. In the mid-1990s, after she had returned to Oakland to run a facilities management company, it was Dellums’ political network that lured her back to politics, urging — really cajoling — her to run for an open state Assembly seat.
“She pays attention to what people’s needs are and hears them. She’s intellectually brilliant at composing solutions for problems both at an individual and social scale,” said Lee Halterman, who spent 27 years working for Dellums and advised some of Lee’s early campaigns.
“We wanted to continue the coalition idea,” Halterman said, “that in districts that can send people of color to Congress, that should be a priority.”
In 1998, after Dellums resigned midway through his term, Lee won a special election for his House seat.
Sitting in a coffee shop around the corner from St. Augustine’s Church, Lee doused a slice of avocado toast in hot sauce and sipped a honey oat lavender latte. Three constituents of Ethiopian descent came up to thank her for her office’s help dealing with some paperwork problems on a citizenship application.
Lee in front of her former home in Oakland last month.
(Loren Elliott / For The Times)
There’s been less time in recent years for Lee to visit these moments from her past and connect with this history. The COVID-19 pandemic meant that she spent less time at in-person events. The Senate campaign has meant she’s traversing the state more when she’s not in Washington for votes.
She recalled a piece of advice from Dellums: “He would always say this to me: ‘Stand on the corner — by yourself. Just stand there. Sooner or later, everybody is going to walk to you if you’re on the right side of the issue.’”
Politics
Families reeling, businesses suffering six months after ICE raided Ventura cannabis farms
OXNARD — A father who has become the sole caretaker for his two young children after his wife was deported. A school district seeing absenteeism similar to what it experienced during the pandemic. Businesses struggling because customers are scared to go outside.
These are just a sampling of how this part of Ventura County is reckoning with the aftermath of federal immigration raids on Glass House cannabis farms six months ago, when hundreds of workers were detained and families split apart. In some instances, there is still uncertainty about what happened to minors left behind after one or both parents were deported. Now, while Latino households gather for the holidays, businesses and restaurants are largely quiet as anxiety about more Immigration and Customs Enforcement raids lingers.
“There’s a lot of fear that the community is living,” said Alicia Flores, executive director of La Hermandad Hank Lacayo Youth and Family Center. This time of year, clients usually ask her about her holiday plans, but now no one asks. Families are divided by the U.S. border or have loved ones in immigration detainment. “They were ready for Christmas, to make tamales, to make pozole, to make something and celebrate with the family. And now, nothing.”
At the time, the immigration raids on Glass House Farms in Camarillo and Carpinteria were some of the largest of their kind nationwide, resulting in chaotic scenes, confusion and violence. At least 361 undocumented immigrants were detained, many of them third-party contractors for Glass House. One of those contractors, Jaime Alanis Garcia, died after he fell from a greenhouse rooftop in the July 10 raid.
Jacqueline Rodriguez, in mirror, works on a customer’s hair as Silvia Lopez, left, owner of Divine Hair Design, waits for customers in downtown Oxnard on Dec. 19, 2025.
(Genaro Molina/Los Angeles Times)
The raids catalyzed mass protests along the Central Coast and sent a chill through Oxnard, a tight-knit community where many families work in the surrounding fields and live in multigenerational homes far more modest than many on the Ventura coast. It also reignited fears about how farmworker communities — often among the most low-paid and vulnerable parts of the labor pool — would be targeted during the Trump administration’s intense deportation campaign.
In California, undocumented workers represent nearly 60% of the agricultural workforce, and many of them live in mixed-immigration-status households or households where none are citizens, said Ana Padilla, executive director of the UC Merced Community and Labor Center. After the Glass House raid, Padilla and UC Merced associate professor Edward Flores identified economic trends similar to the Great Recession, when private-sector jobs fell. Although undocumented workers contribute to state and federal taxes, they don’t qualify for unemployment benefits that could lessen the blow of job loss after a family member gets detained.
“These are households that have been more affected by the economic consequences than any other group,” Padilla said. She added that California should consider distributing “replacement funds” for workers and families that have lost income because of immigration enforcement activity.
An Oxnard store owner who sells quinceañera and baptism dresses — and who asked that her name not be used — says she has lost 60% of her business since the immigrant raids this year at Glass House farms.
(Genaro Molina/Los Angeles Times)
Local businesses are feeling the effects as well. Silvia Lopez, who has run Divine Hair Design in downtown Oxnard for 16 years, said she’s lost as much as 75% of business after the July raid. The salon usually saw 40 clients a day, she said, but on the day after the raid, it had only two clients — and four stylists who were stunned. Already, she said, other salon owners have had to close, and she cut back her own hours to help her remaining stylists make enough each month.
“Everything changed for everyone,” she said.
In another part of town, a store owner who sells quinceañera and baptism dresses said her sales have dropped by 60% every month since August, and clients have postponed shopping. A car shop owner, who declined to be identified because he fears government retribution, said he supported President Trump because of his campaign pledge to help small-business owners like himself. But federal loans have been difficult to access, he said, and he feels betrayed by the president’s deportation campaign that has targeted communities such as Oxnard.
“There’s a lot of fear that the community is living,” said Alicia Flores, executive director of La Hermandad Hank Lacayo Youth and Family Center in downtown Oxnard, on Dec. 19, 2025.
(Genaro Molina/Los Angeles Times)
“Glass House had a big impact,” he said. “It made people realize, ‘Oh s—, they’re hitting us hard.’ ”
The raid’s domino effect has raised concerns about the welfare of children in affected households. Immigration enforcement actions can have detrimental effects on young children, according to the American Immigration Council, and they can be at risk of experiencing severe psychological distress.
Olivia Lopez, a community organizer at Central Coast Alliance United for a Sustainable Economy, highlighted the predicament of one father. He became the sole caretaker of his infant and 4-year-old son after his wife was deported, and can’t afford child care. He is considering sending the children across the border to his wife in Mexico, who misses her kids.
In a separate situation, Lopez said, an 18-year-old has been suddenly thrust into caring for two siblings after her mother, a single parent, was deported.
Additionally, she said she has heard stories of children left behind, including a 16-year-old who does not want to leave the U.S. and reunite with her mother who was deported after the Glass House raid. She said she suspects that at least 50 families — and as many as 100 children — lost both or their only parent in the raid.
“I have questions after hearing all the stories: Where are the children, in cases where two parents, those responsible for the children, were deported? Where are those children?” she said. “How did we get to this point?”
Robin Godfrey, public information officer for the Ventura County Human Services Agency, which is responsible for overseeing child welfare in the county, said she could not answer specific questions about whether the agency has become aware of minors left behind after parents were detained.
“Federal and state laws prevent us from confirming or denying if children from Glass House Farms families came into the child welfare system,” she said in a statement.
The raid has been jarring in the Oxnard School District, which was closed for summer vacation but reopened on July 10 to contact families and ensure their well-being, Supt. Ana DeGenna said. Her staff called all 13,000 families in the district to ask whether they needed resources and whether they wanted access to virtual classes for the upcoming school year.
Even before the July 10 raid, DeGenna and her staff were preparing. In January, after Trump was inaugurated, the district sped up installing doorbells at every school site in case immigration agents attempted to enter. They referred families to organizations that would help them draft affidavits so their U.S.-born children could have legal guardians, in case the parents were deported. They asked parents to submit not just one or two, but as many as 10 emergency contacts in case they don’t show up to pick up their children.
Rodrigo is considering moving back to Mexico after living in the U.S. for 42 years.
(Genaro Molina/Los Angeles Times)
With a district that is 92% Latino, she said, nearly everyone is fearful, whether they are directly or indirectly affected, regardless if they have citizenship. Some families have self-deported, leaving the country, while children have changed households to continue their schooling. Nearly every morning, as raids continue in the region, she fields calls about sightings of ICE vehicles near schools. When that happens, she said, she knows attendance will be depressed to near COVID-19 levels for those surrounding schools, with parents afraid to send their children back to the classroom.
But unlike the pandemic, there is no relief in knowing they’ve experienced the worst, such as the Glass House raid, which saw hundreds of families affected in just a day, she said. The need for mental health counselors and support has only grown.
“We have to be there to protect them and take care of them, but we have to acknowledge it’s a reality they’re living through,” she said. “We can’t stop the learning, we can’t stop the education, because we also know that is the most important thing that’s going to help them in the future to potentially avoid being victimized in any way.”
Jasmine Cruz, 21, launched a GoFundMe page after her father was taken during the Glass House raid. He remains in detention in Arizona, and the family hired an immigration attorney in hopes of getting him released.
Each month, she said, it gets harder to pay off their rent and utility bills. She managed to raise about $2,700 through GoFundMe, which didn’t fully cover a month of rent. Her mother is considering moving the family back to Mexico if her father is deported, Cruz said.
“I tried telling my mom we should stay here,” she said. “But she said it’s too much for us without our dad.”
Many of the families torn apart by the Glass House raid did not have plans in place, said Lopez, the community organizer, and some families were resistant because they believed they wouldn’t be affected. But after the raid, she received calls from several families who wanted to know whether they could get family affidavit forms notarized. One notary, she said, spent 10 hours working with families for free, including some former Glass House workers who evaded the raid.
“The way I always explain it is, look, everything that is being done by this government agency, you can’t control,” she said. “But what you can control is having peace of mind knowing you did something to protect your children and you didn’t leave them unprotected.”
For many undocumented immigrants, the choices are few.
Rodrigo, who is undocumented and worries about ICE reprisals, has made his living with his guitar, which he has been playing since he was 17.
While taking a break outside a downtown Oxnard restaurant, he looked tired, wiping his forehead after serenading a pair, a couple and a group at a Mexican restaurant. He has been in the U.S. for 42 years, but since the summer raid, business has been slow. Now, people no longer want to hire for house parties.
The 77-year-old said he wants to retire but has to continue working. But he fears getting picked up at random, based on how abusive agents have been. He’s thinking about the new year, and returning to Mexico on his own accord.
“Before they take away my guitar,” he said, “I better go.”
Politics
Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests
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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.
The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.
The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.
The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.
PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS
The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)
Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.
But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.
“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.
Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.
The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.
Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)
Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.
The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.
“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.
The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”
ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES
Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)
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Raoul and his staff are reviewing the DOJ’s complaint.
“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”
The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.
The Associated Press contributed to this report.
Politics
Supreme Court rules against Trump, bars National Guard deployment in Chicago
WASHINGTON — The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.
Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.
The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.
In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.
The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”
That phrase turned out to be crucial.
Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.
“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.
That standard will rarely be met, the court added.
“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.
Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.
Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.
Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.
Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”
California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.
“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”
The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.
But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.
Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”
The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.
Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.
By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.
Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.
“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.
Illinois state lawyers disputed the administration’s account.
“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.
The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”
But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”
Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.
A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.
His brief prompted the court to ask both sides to explain their view of the disputed provision.
Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.
If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.
State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.
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