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Court ruling narrows pathway to citizenship for DACA recipients

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Court ruling narrows pathway to citizenship for DACA recipients

The Trump administration has largely ended a pathway to citizenship for DACA recipients who marry U.S. citizens.

President Trump tried, unsuccessfully, to end DACA during his first term. This week’s action reflects his administration’s ongoing focus on the Obama-era program that shields from deportation hundreds of thousands of immigrants, often referred to as Dreamers, who were brought to the U.S. as children.

“It was inevitable that what Trump was going to do in office this time was to embark on a massive delegalization mission,” said Karen Tumlin, director of the Justice Action Center in Los Angeles. “That’s what this is.”

Tumlin was referring to a ruling by an administrative immigration court that was published Thursday.

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The ruling concerns a travel provision afforded to recipients of Deferred Action for Childhood Arrivals, the program created in 2012. The provision allowed DACA recipients to travel in ways other people without legal status cannot.

DACA isn’t technically a form of legal status, though its recipients are granted work permits.

For immigrants who entered the U.S. illegally, leaving the country or being deported triggers a penalty — many are banned from coming back into the U.S. for a decade.

Most people who qualify for legal residency, or a green card, have to serve that 10-year ban before they can apply for the green card, which can lead to citizenship.

But DACA recipients, under the travel provision called advance parole, could leave the U.S. for school, work or humanitarian reasons. When they returned through an airport or border, the stain of their original unlawful entry was erased.

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With the penalty wiped away, a DACA recipient married to a U.S. citizen or who had another way to obtain legal residency could start that process for a green card without delay.

Thursday’s ruling by the Board of Immigration Appeals does away with that benefit.

U.S. Citizenship and Immigration Services spokesman Zach Kahler said the decision confirms a “straightforward principle” that departing the U.S. has meaning.

“The immigration laws enacted by Congress impose consequences when someone who has accrued unlawful presence leaves the country and later seeks admission, including when that departure occurs under advance parole,” he said. “U.S. Citizenship and Immigration Services will ensure that immigration filings are decided based on the laws, regulations, and binding legal precedent that govern each case.”

Immigration attorneys and other advocates quickly convened Thursday to determine how the ruling will affect immigrants.

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Tumlin said some DACA recipients can still safely travel with advance parole, while for others — particularly those with deportation orders — it would be too risky to leave. She said DACA recipients should consult an immigration attorney before traveling.

“For over a decade, I could reassure my clients that traveling on Advance Parole was a safe option,” Shilpa Malik, an immigration lawyer in Florida, wrote Thursday on X. “What was once a vital protection is now gone.”

Under the ruling, having the travel document may no longer protect certain DACA recipients when they return from their trips abroad, because leaving could expose them to the years-long ban.

The decision also makes obtaining green cards more difficult. Tumlin said some DACA recipients could qualify for waivers that allow them to avoid the years-long reentry ban, but the waivers are granted under limited circumstances.

The latest federal data show there are 455,000 DACA recipients in the U.S. as of March, with about 126,000 in California.

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According to the nonpartisan Congressional Research Service, 45,447 DACA recipients were approved for advance parole as of Aug. 21, 2017.

About 76,000 DACA recipients had become legal residents as of July 31, 2019, most after marrying a U.S. citizen, according to the research service. It’s unclear how many DACA recipients have obtained advance parole or green cards since then.

Path2Papers, a project at Cornell Law School, analyzed 1,600 consults and estimated that around 60% of DACA recipients would be subject to the 10-year ban.

Republicans have viewed advance parole as an abuse of the immigration system.

The office of Sen. Chuck Grassley (R-Iowa) blasted the provision, saying in 2017 that “the Obama administration allowed thousands of DACA recipients to exploit an immigration law loophole to obtain green cards.”

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Last year, Grassley introduced a bill to guarantee that it would no longer be used by immigrants seeking to adjust their legal status. This week’s ruling essentially accomplishes that goal.

The immigration appeals board’s decision applies to future travel. People who previously traveled and returned to the U.S. won’t be affected and could still adjust their immigration status.

Tumlin said Thursday’s decision is yet another effort to change the goalposts for DACA recipients by an administration that has resorted to ending the program “through death by a thousand cuts.”

The Department of Homeland Security has arrested hundreds of immigrants with DACA, and in a February letter to U.S. senators, then-Homeland Security Secretary Kristi Noem said the agency had deported 86 DACA recipients between Jan. 1 and Nov. 19, 2025.

One of those was Maria de Jesus Estrada Juarez, a Sacramento mother who was deported a day after her green card interview. A federal judge later ordered the agency to bring her back to the U.S.

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Trump commutes sentence for former Philadelphia union official, attorney says

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Trump commutes sentence for former Philadelphia union official, attorney says

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President Donald Trump reportedly commuted the sentence of John “Johnny Doc” Dougherty, a former union business manager.

Trump inked the commutation on Thursday, Dougherty’s lawyer, George Bochetto, reportedly told The Philadelphia Inquirer.

The lawyer indicated the move will release Dougherty from needing to pay around $1.6 million for restitution and that the ex-union official will not face monitoring or house arrest, instead clearing him to become “a free man,” according to the newspaper.

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U.S. President Donald Trump arrives to host a dinner in the Rose Garden at the White House on Sept. 2, 2026 in Washington, D.C. (Kevin Dietsch/Getty Images)

Fox News Digital reached out to the White House and to Bochetto on Friday.

“President Trump has signed a commutation so that Johnny Doc can be released from prison to take care of his gravely ill wife, Cecilia Dougherty,” Bochetto said, according to CBS News Philadelphia.

Former Philadelphia union leader John Dougherty talks to the media outside the federal courthouse in Philadelphia, Dec. 7, 2023, after he and a codefendant were convicted of using union funds for personal use. (Yong Kim/The Philadelphia Inquirer via AP, File)

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Dougherty, a former business manager for the International Brotherhood of Electrical Workers Local 98, was sentenced in 2024 to six years in prison.

The U.S. Justice Department said at the time that Dougherty had been sentenced in connection with embezzling funds from the union as well as in connection with payouts provided to a Philadelphia City Council member.

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“John Dougherty held himself out as Local 98’s biggest booster,” then-U.S. Attorney Jacqueline Romero said in a statement. “But while he was backslapping his electricians with one hand, he was ripping them off with the other. He cheated Philadelphians, too, through his corrupt quid pro quo with Bobby Henon.”

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“Our city and its workers deserve so much better than union bosses and politicians whose true priority is looking out for number one,” Romero, an appointee of former President Joe Biden, added at the time. “I want to thank all of the investigators, analysts, prosecutors, and staff who partnered on this case, and, in doing so, stood up for integrity and the rule of law in Philadelphia.”

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Commentary: The bigoted rhetoric against Muslim American politicians is backfiring. Next up: Abdul El-Sayed

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Commentary: The bigoted rhetoric against Muslim American politicians is backfiring. Next up: Abdul El-Sayed

Muslims are embroiled in yet another war, but this one isn’t in the Middle East, Southeast Asia or another predominantly Islamic region.

The battleground is Michigan. New York. Minnesota. Or anywhere else in the U.S. where a politician with a name like Abdul El-Sayed, Zohran Mamdani or Ilhan Omar have run for office — and won.

Today’s primary target is Michigan Democratic U.S. Senate candidate El-Sayed. Since his victory in August, the right’s main strategy to beat him this fall is a familiar one: paint El-Sayed, the Muslim son of Egyptian immigrants, as an anti-American extremist.

Vice President JD Vance recently told a crowd that “there’s something about Abdul El-Sayed that is very, very evil,” suggesting that Democratic nominee represents a divisive ideology. Rep. Nancy Mace warned of a larger problem when she said that “every single Muslim holding public office in America” is “a threat to both national security and our republic.” Sen. Tommy Tuberville flat-out called El-Sayed a “terrorist.”

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“The message is that these candidates are a civilizational threat that is going to destroy American society and Western civilization from within,” says Salam Al-Marayati, president and co-founder of the nonprofit Muslim Public Affairs Council. “You saw that a lot when Mamdani was elected.”

And given that he was elected, the Islamophobia playbook may need an overhaul.

New York City Mayor Mamdani and El-Sayed are among the more than 255 Muslim elected officials serving across 26 states and at nearly every level of government, according to the Council on American-Islamic Relations. That number includes a historical high of four Muslim Americans in Congress.

But as their political power has grown, so too has the bigoted rhetoric about the dangers of electing a Muslim to office. But now, there’s pushback.

CBS News, now under the leadership of conservative Editor in Chief Bari Weiss, caught flak this week for publishing a story with the headline: “Michigan Democrat Abdul El-Sayed’s deleted tweets on Sept. 11 attacks invite scrutiny of past remarks.”

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Criticisms of the piece were immediate, including commentary in the Atlantic that called the story a political dog whistle for using a tenuous connection to align El-Sayed’s name with the phrase “9/11 attacks.”

The pandemic-era posts from El-Sayed did not celebrate the tragedy or the terrorists who perpetrated the attacks. He instead compared the nearly 3,000 people killed in the Sept. 11 attacks to the growing COVID-19 death toll in the U.S., and called for a strong response against the virus as there was to the 9/11 attacks. In the second tweet, El-Sayed wrote that more Americans had died from COVID than in the 9/11 attacks, so he hoped “that means we’ll spend the next ten years fighting a war for public health & against poverty … like we launched a global #WaronTerror after 9/11. We could save lives rather than take them.”

Hardly the smoking gun that puts him in an Afghan cave, scheming with bin Laden.

The tweets were deleted along with all of Al-Sayed’s other posts dated before July 2023. His campaign said he did so to prevent “old posts from being taken out of context.” Oh the irony.

Similar tactics were used against Mamdani in his run for mayor. After a particularly rousing speech leading up to his 2025 win, the New York Times noted that “…Republican elected officials and right-wing media figures [are] accusing him of promoting Islamic law, supporting terrorism and posing a threat to the safety of New Yorkers, especially Jews.”

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Before Mamdani, Somali American Rep. Omar (D-Minn.) was the subject of “Send her back” chants at Trump rallies. Rep. Lauren Boebert (R-Colo.) publicly referred to Omar as a member of the “Jihad Squad.”

Nevertheless, Omar became the first African refugee to become a member of Congress when she assumed office in January of 2019.

“What we have found out from previous elections is that candidates like Abdul Sayed are speaking to the masses,” says Al-Marayati. “They’re not speaking to the Democratic and Republican establishment who believe in this hierarchical structure where you only have a few in control, whether it’s corporate influence or lobbies or a certain race and religion that are on top and the rest of us are merely visitors who should just be thankful for getting the crumbs from the economy. [El-Sayed and Mamdani] are returning to the vision of a pluralistic democracy.”

The latest efforts to derail El-Sayed’s campaign include weaponizing his association with leftist Twitch streamer Hasan Piker. Piker, who earlier this year appeared on the campaign trail with El-Sayed, is a major influence among progressives and a boogeyman to establishment Republicans and Democrats alike. The right can’t stop talking about his sharp criticisms of MAGA leadership, disdain for U.S. foreign policy, and his pro-Palestinian stance. The left is terrified of being associated with Piker.

Now the candidate is pressed daily to answer for things said by Piker stretching as far back as 2019, when the influencer commented that “America deserved 9/11” (a quote that was incorrectly attributed to El-Sayed). El-Sayed has denounced the statement as “stupid,” and Piker has walked back his words.

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But the unyielding scrutiny over dubious associations doesn’t cut both ways. Relative to El-Sayed, there’s been little inquiry of Michigan’s Republican U.S. Senate candidate, Mike Rogers, and his close ties with Pastor Lorenzo Sewell. A member of Roger’s faith advisory team, Sewell in August co-organized and led a “Christian Crusader March” and anti-Islam protest in Dearborn alongside far-right activist and pardoned Jan. 6 participant Jake Lang.

Campaigns that leverage hate and fear against Muslim candidates and elected officials are nothing new, but they appear to be less effective with each passing election season. It’s possible more and more voters see through the prejudiced subterfuge, but it’s more likely that folks simply need a change.

“The real threat that Abdul Sayed represents is that he is knocking down that hierarchical structure, and that’s why you have the attacks on him of being a radical, being a terror sympathizer, being a threat to civilization,” says Al-Marayati. “When Thomas Jefferson was drafting the Charter on Religious Freedom, he included Muslims, and even he was accused of being a Muslim. So you’ve had this problem for a long time. Abdul Sayed’s affiliation with Thomas Jefferson is a badge of honor.”

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US military took down approximately 100 suspected cartel drones at southern border in August

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US military took down approximately 100 suspected cartel drones at southern border in August

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EXCLUSIVE – The U.S. military provided rare insight into its operations at the southern border Thursday, revealing that it took down “approximately 100” suspected cartel drones in August alone, a senior War Department official confirmed to Fox News.

The disclosure marks the first time the Pentagon has revealed how frequently counter-drone technology, including sophisticated laser systems, is being used at the southern border to stop suspected cartel drones from entering the U.S.

According to a senior War Department official, Task Force–Southern Border carried out the drone takedowns using specialized counter-drone equipment provided and integrated by other military units.

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Each operation was planned and closely coordinated with the Mexican military and border authorities to prevent interference or unintended conflicts between forces operating on either side of the border, the official said.

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Army Sgt. Drew Scheffer, assigned to Joint Task Force Southern Border, provides surveillance over the southern border near Santa Teresa, N.M. on April 12. The military has been patrolling the southern border as part of the Trump administration crackdown on illegal migration. (Department of Defense)

The operations are part of a broader effort to rapidly deploy defenses against drones, combining multiple technologies with trained personnel and updated military authorities. The official emphasized that the military is not relying on a single “silver bullet” system to counter the threat.

The Pentagon told Fox News that the U.S. has been using counter-drone technology to assist with security operations at the border.

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“The United States is employing defensive counter-drone technology to protect our personnel and border security operations from cartel-linked drone threats,” Pentagon Press Secretary Kingsley Wilson said.

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U.S. Marines with 1st Combat Engineer Battalion, 1st Marine Division, affix concertina wire to engineer stakes on the barrier along the southern border near San Ysidro, Calif., Mar. 2, 2025. U.S. Northern Command is working together with the Department of Homeland Security to augment U.S. Customs and Border Protection along the southern border with additional military forces. (U.S. Army photo by Pfc. Dominic Atlas)

“These actions are closely coordinated with Mexican military and border authorities to ensure safety and deconfliction on both sides of the border,” Wilson added.

The revelation comes as the Trump administration continues to use military force against cartels across the Western Hemisphere, including lethal strikes against alleged drug traffickers.

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Earlier this week, senior administration officials touted President Donald Trump’s use of military force during a press call.

“So, the president directed, the Department of War executed, the first ever plan and strategy to use direct military force to defend the homeland from this threat,” one official said.

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The U.S. military took down approximately 100 suspected cartel drones at the southern border in August, a senior War Department official told Fox News. (iStock)

“The effects have been spectacular, and we’ve seen the largest and steepest reduction in U.S. casualties inflicted by the cartels in American history,” the official added.

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Fox News Digital’s Alex Nitzberg contributed to this report.

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