Politics
Defying courts in deportation case, Trump risks a tipping point, experts say
WASHINGTON — It was just the latest example of President Trump, still in the infancy of his second term, appearing to plow through direct orders from a U.S. court. But it was the sharpest moment yet of a federal judge losing patience.
U.S. District Judge Paula Xinis had asked what the administration had done, if anything, to follow a ruling from the highest court in the land, and reached a stark conclusion.
“To date, nothing has been done,” Xinis told the Justice Department lawyer before her Tuesday. “Nothing.”
The Supreme Court had ordered the administration last week to “facilitate” the return of a Maryland resident named Armando Abrego Garcia, whom it had deported to a notorious El Salvador prison despite an earlier court order barring such a move.
The administration had defied that order and made no secret of it. On cable TV, through social media and from the Oval Office, the president and his allies were clear they had no intention to work toward Abrego Garcia’s return.
Still, Xinis’ concluding as much in court added fresh weight to a profound question swirling with increasing intensity in recent days among government officials and watchdogs, constitutional scholars, legal experts and worried members of the public: If the president refuses to abide by court rulings, then is the United States in a constitutional crisis?
If Trump won’t listen to the Supreme Court, is the entire U.S. system of governance — the separation of powers, an independent judiciary, due process under the law — at risk of faltering?
For some, the answer is an affirmative yes — the actions of the administration in the Abrego Garcia case a clear tipping point.
“There is no guarantee that President Trump will abide by his legal and constitutional obligations, and he has already shown a willingness to violate those obligations many times over,” said Jamal Greene, a constitutional law professor at Columbia University.
Others said that the risk is certainly there, but that legal nuance remains in the maneuverings of the Trump administration — enough to imagine a less fraught future in which the administration falls back in line as the courts make their directives in the Abrego Garcia case less ambiguous and harder to skirt using dubious but still barely defensible legal arguments.
Robert Weisberg, a professor at Stanford Law School, said the judiciary also still has tools at its disposal to enforce its rulings should Trump and his team continue defying court orders, and especially the Supreme Court.
For example, if a court issues an injunction “saying, ‘You can’t do this,’ ” and the administration does it anyway, the court can hold the administration in contempt. And, the U.S. Marshals Service, the law enforcement arm of the judicial branch, can be called upon to enforce the court’s orders, Weisberg said.
“So there are ways,” he said. “The Supreme Court has tools.”
A deportation with consequences for Trump
Either way, the case raises stark questions for a country already exhausted by a steady stream of unprecedented moves by the Trump administration and a mountain of lawsuits challenging them — on immigration enforcement, federal funding streams to the states, LGBTQ+ rights and school funding, among many issues.
California Atty. Gen. Rob Bonta’s office has already sued the Trump administration more than a dozen times and expressed support for litigants suing the administration in at least half a dozen other cases. Other Democratic-led states have joined California in its cases.
Time and time again, courts have blasted the administration for violating the law — sometimes in flagrant ways. And in multiple instances, the administration has defied court instructions to reverse course, judges and litigants against the administration have said.
California has alleged that the administration has failed to unfreeze funding, including under the Federal Emergency Management Agency, despite court orders for it to do so. Associated Press journalists continued to be barred from White House functions after a judge ordered they be allowed back in. The Trump administration balked at another court order that it return immigrants who had been loaded onto a plane for deportation, arguing that the plane was already in the air and out of the judge’s jurisdiction.
Still, the Abrego Garcia case and an Oval Office meeting partially about it between Trump and Salvadoran President Nayib Bukele on Monday have ratcheted up fears of a recalcitrant Trump unafraid of defying the courts when they attempt to check him or his policies.
Abrego Garcia, a Salvadoran citizen and sheet metal worker living in Maryland, had been arrested years ago while looking for work outside of a Home Depot in Maryland. A judge had determined in 2019 that he should not be deported to El Salvador because he would be in danger there from a local gang, allowing him to remain in the country.
However, Abrego Garcia was detained last month on claims by the administration that he is a member of the MS-13 gang, and then deported along with other detainees to a notorious prison in El Salvador. His family, denying the gang allegations, sued in response, alleging that his rights had been violated and that the administration had broken the law and the previous judge’s decision allowing him to remain in the country.
The case moved swiftly up through the courts.
‘Facilitate’ vs. ‘effectuate’?
When it was first before Xinis, she found that the evidence of Abrego Garcia’s alleged gang affiliation was slim — amounting to a tip from an informant that he’d worn Chicago Bulls apparel associated with the gang — and that the government had wrongfully removed him from the country. Xinis then ordered the Trump administration to both “facilitate” and “effectuate” Abrego Garcia’s return to the United States.
The Trump administration appealed that ruling, resulting in a terse unsigned decision by the Supreme Court on Thursday that required the Trump administration to “facilitate” Abrego Garcia’s return, but not “effectuate” it.
The high court said the “intended scope of the term ‘effectuate’” was unclear and may exceed the district court’s authority in the matter, and called on Xinis to clarify her directive “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
Abrego Garcia’s lawyers claimed the ruling as a victory and a clear directive to that administration that it have him returned to the U.S. The Trump administration, however, claimed a victory as well.
“As the Supreme Court correctly recognized, it is the exclusive prerogative of the president to conduct foreign affairs,” a Department of Justice spokesperson said. “By directly noting the deference owed to the executive branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president’s authority to conduct foreign policy.”
Xinis followed the Supreme Court’s ruling by issuing another of her own, calling again on the Trump administration to “facilitate” Abrego Garcia’s return. That set up the Oval Office meeting Monday, where Trump and Bukele insisted they were not going to bring Abrego Garcia home.
In what some legal observers saw as an absurd twist of logic, Trump administration officials said they would supply the plane to return Abrego Garcia if only El Salvador would allow it, while Bukele said El Salvador could not possibly return Abrego Garcia to the U.S. because doing so would amount to smuggling a terrorist into an allied territory.
“Of course, I’m not going to do it,” he said. “The question is preposterous.”
In the same meeting, Trump said “the homegrowns are next” — a clear insinuation that he wants to send American citizens to Salvadoran prisons next, in clear violation of American law.
Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was wrongly deported to El Salvador, speaks at an April 4 news conference.
(Jose Luis Magana / Associated Press)
During Tuesday’s hearing before Xinis, the Trump administration made it clear that it took an extremely narrow view of what facilitating Abrego Garcia’s return requires.
“If Abrego Garcia presents himself at a port of entry, we will facilitate his entry to the United States,” said Drew Ensign, an attorney for the Justice Department. Ensign also submitted a transcript of the Oval Office meeting, suggesting the case had clearly been “raised at the highest level.”
Xinis was unmoved, demanding documentation of the administration’s actions in recent days. Legal experts said the order could set the stage for Xinis to find the Trump administration in contempt of court. And that could raise new questions about the power of the court to hold the administration to account — and whether it has any teeth in the event the administration pushes back.
Erwin Chemerinsky, dean of UC Berkeley Law, said it’s questionable whether the Justice Department or the U.S. marshals would help to enforce any criminal or civil contempt orders against the administration or any of its actors.
“The question is, do we have the guardrails for our Constitution to survive?” Chemerinsky said. “‘We don’t know’ is the only answer anyone can give. You can play it out, and it’s very frightening.”
If Trump was given a very clear, unambiguous order from the courts and openly declared that the administration would not comply, the country would be in an extremely dangerous position, Chemerinsky said.
And if he won out in that scenario — wasn’t stopped by Congress or the courts or anyone else — “then the president can do anything,” Chemerinsky added. He could violate other constitutional laws and court orders and “literally lock up anybody, any dissident,” without fear of repercussions.
“Of course then the reality is this is not a democracy, it’s a dictatorship,” Chemerinsky said.
‘Crisis is here’
Democrats in Congress have been sounding similar alarms, with some arguing that Trump has already crossed the line into authoritarian behavior — and thrust the country into a constitutional crisis.
Sen. Adam Schiff (D-Calif.) wrote in a post to X late Monday: “The constitutional crisis is here.”
The post also included a nearly six-minute video in which Schiff, a former federal prosecutor, attempted to explain the complicated Abrego Garcia case, the administration’s actions in it, and why they put the country in crisis.
“It’s a constitutional crisis because the administration is under a court order to return this wrongfully deported man to the United States. To facilitate his return,” Schiff said. “And far from taking any step to facilitate his return, in that meeting in the White House, Donald Trump essentially told the Supreme Court to pound sand.
“Nowhere in that entire meeting does the president of the United States ask the president of El Salvador to return the man wrongly sent to a maximum security prison in his country,” Schiff said. “It just never happens.”
Schiff said the president, through his actions, had “taken a very determined step toward dictatorship.”
Chemerinsky agreed that the days of wondering whether the U.S. is in a constitutional crisis were over.
He said the U.S. is “clearly in a constitutional crisis” both because of the “quantity of unconstitutional things that have been done” by the Trump administration that show Trump “has no respect for constitutional law,” and because of the extreme actions and recalcitrance of the administration in the Abrego Garcia case in particular.
“It could get worse, but that doesn’t minimize that we’re in one now,” he said.
Chemerinsky said it was clearly illegal under U.S. law for the administration to defy a court order and send a person to a notorious El Salvador prison without due process. And the administration’s claim now that it cannot bring Abrego Garcia back to the U.S. because he is under the control of a foreign government simply “has to be wrong” in a land of laws, he said.
“It’s nothing less than a claim of the power to put any human being in a foreign prison,” he said. “That’s the authority to create a gulag.”
Politics
How Republicans and Democrats are Redistricting Urban Areas to Tilt the House
American cities — densely populated and overwhelmingly Democratic — are typically prime targets for aggressive gerrymanders. This past year has been no different, as urban areas became casualties of newly partisan maps, drawn by both Republicans and Democrats in a rare bout of middecade redistricting.
With nearly 80 percent of the United States population living in urban areas, according to the census, mapmakers using modern data technology can surgically split cities block by block to eke out a partisan advantage. They “pack” like-minded voters into a single district, or “crack” them, linking slivers of concrete-covered downtowns with farmland hundreds of miles away.
While the intentions are often political, these julienned districts often leave communities with little in common, and no cohesive representation in Congress. Roughly 37 percent of congressional districts are either urban or an urban-suburban mix, while 63 percent remain rural or rural-suburban, according to the District Density Scale.
So far this year, state lawmakers have carved up major Democratic cities in the nationwide redistricting arms race, drawing new maps in five states. Virginia could be next, if voters approve a referendum Tuesday to redraw boundaries and potentially add four Democratic seats.
Kansas City, Mo.
Take the Kansas City, Mo., area as a clear example. Late last year, Gov. Mike Kehoe signed into law a new map that would pave the way for eliminating a Democratic seat and add a Republican one, potentially ousting a longtime representative, Emanuel Cleaver, who was also the first Black mayor of Kansas City.
2024 districts
The proposed map effectively slices apart — or “cracks” — the old Fifth District, which previously held a majority of Democratic-dominated Kansas City and its metropolitan area, into three parts.
2024 districts
District
Margin
5th
Dem. +23.2 D +23.2
6th
Rep. +38.9 R +38.9
4th
Rep. +42.3 R +42.3
New districts
District
Margin
5th
Rep. +18.2 R +18.2
4th
Rep. +21.2 R +21.2
6th
Rep. +26.7 R +26.7
As a result, Democratic voters from Kansas City are spread out across three new districts where they are likely to be outnumbered by Republican voters. The Kansas City area went from having one Democratic district and two Republican districts to having three Republican districts.
Northern Virginia
While Missouri illustrates how a single-district city can be cracked apart to dilute the votes of a densely packed partisan area, Virginia is taking a different approach. Its proposed map spreads out Democrats from the crammed northern Virginia suburbs into multiple districts spreading more than a hundred miles into deeply red areas for the opposite outcome: to tilt more districts blue.
2024 districts
While there is no central city in northern Virginia — Fairfax County, the state’s largest municipality, boasts nearly 1.2 million people but sprawls across nearly 400 square miles — the northern reaches of the state have a population in the millions and are mostly Democratic.
2024 districts
District
Margin
8th
Dem. +49.3 D +49.3
11th
Dem. +34.0 D +34.0
10th
Dem. +8.3 D +8.3
7th
Dem. +2.9 D +2.9
6th
Rep. +23.8 R +23.8
New districts
District
Margin
8th
Dem. +17.5 D +17.5
11th
Dem. +13.4 D +13.4
10th
Dem. +12.4 D +12.4
7th
Dem. +8.1 D +8.1
1st
Dem. +7.5 D +7.5
The result is an exceptionally aggressive “cracking” of Democratic voters in the northern part of the state across five congressional districts, which would lead to the elimination of three Republican-held seats (the proposed Virginia map eliminates all but one Republican-controlled district).
Houston
In larger cities like Houston, mapmakers have the opportunity to get creative in their carving. At President Trump’s behest, Texas was the first state to redistrict last year. Let’s look at Houston’s old Ninth District.
2024 districts
The old Ninth District was mostly swallowed by the newly crafted 18th District, and remaining voters were funneled into three Republican-leaning districts and one Democratic one.
2024 districts
District
Margin
9th
Dem. +44.0 D +44.0
18th
Dem. +39.7 D +39.7
7th
Dem. +20.7 D +20.7
29th
Dem. +20.3 D +20.3
38th
Rep. +20.7 R +20.7
New districts
District
Margin
18th
Dem. +54.9 D +54.9
29th
Dem. +30.4 D +30.4
7th
Dem. +23.4 D +23.4
9th
Rep. +19.9 R +19.9
38th
Rep. +21.0 R +21.0
But Houston’s maps also illustrate a second gerrymandering strategy: “packing.” The new 18th District was drawn to be exceptionally Democratic, “packing” a high concentration of Democrats into a single district, thereby ensuring that they would be outnumbered in neighboring districts.
Dallas
As another densely populated city, and one with a large population of people of color, Republicans in Texas sliced some congressional districts in the state, while packing Democrats into others.
2024 districts
The newly drawn 32nd District is a textbook example of “cracking,” splitting apart the eastern and northern suburbs of Dallas and extending the district more than a hundred miles east, into more rural and deeply Republican areas of East Texas. As a result, the new 32nd District is solidly red compared with its previous blue tint.
2024 districts
District
Margin
33rd
Dem. +33.7 D +33.7
32nd
Dem. +23.6 D +23.6
24th
Rep. +15.5 R +15.5
5th
Rep. +27.0 R +27.0
6th
Rep. +28.4 R +28.4
New districts
District
Margin
30th
Dem. +47.0 D +47.0
33rd
Dem. +32.6 D +32.6
24th
Rep. +16.1 R +16.1
32nd
Rep. +17.6 R +17.6
5th
Rep. +21.4 R +21.4
The cracking and packing in Dallas achieved another outcome: drawing current incumbents out of their districts, forcing some into primaries against one another while prompting others to leave the House entirely. In Dallas, Representative Jasmine Crockett chose to run for Senate after being drawn out of the 30th District (She lost in March to James Talarico).
Politics
Byron Donalds cracks down on persistent border blind spot leaving US vulnerable to overstays
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FIRST ON FOX: Florida Republican Rep. Byron Donalds introduced legislation that would require biometric tracking of every entry and exit from the United States, as part of a Republican push to crack down on visa overstays and fraudulent immigration documents.
With illegal crossings down sharply under President Donald Trump’s second term, Republicans are shifting toward the next phase of immigration enforcement — tracking visa overstays and closing documentation loopholes. Donalds’ bill aims to force full nationwide use and federal oversight of the biometric entry-exit system.
Donalds told Fox News Digital exclusively he introduced the legislation on Monday.
“Thanks to President Trump’s decisive actions, our borders are more secure than they have been in decades. We are now moving to finish the job by introducing the Reform Immigration Through Biometrics Act, which provides the oversight needed to ensure every entry and exit is fully verified,” Donalds told Fox News Digital.
FLORIDA SHERIFF SAYS ICE PARTNERSHIP ONLY THE BEGINNING IN ILLEGAL MIGRANT CRACKDOWN
Congressman Byron Donalds is introducing Reform Immigration Through Biometrics Act to tighten immigration enforcement nationwide. (Paul Ratje / AFP via Getty Images)
The bill would close gaps to ensure full coverage at every port, provide system flow updates, and identify what is “slowing” it down by requiring DHS to report to congress. The biometric data system collects fingerprints, facial images, and iris scans.
Immigration reform is a central focus of the second Trump administration, with officials shifting attention toward internal tracking and enforcement gaps, not just border crossings.
The biometric entry-exit system was first introduced a decade ago, following a 2004 recommendation from the 9/11 Commission to strengthen national security through a comprehensive tracking method.
HOUSE GOP BILL COULD TRIGGER SELF-DEPORTATION FOR SOMALI REFUGEES AMID MINNESOTA FRAUD PROBE
Previous administrations failed to fully implement the system across all ports of entry, leaving it incomplete. A final rule issued in December 2025 now mandates a nationwide rollout.
Donalds’ legislation aims to ensure it is fully executed this time by holding DHS accountable.
“The border has been secured, but the work is far from over,” said Donalds in a press release. “Visa overstays and fraudulent documentation remain a large piece of the overall illegal immigration puzzle that needs to be addressed.”
Byron Donalds, a Florida lawmaker and gubernatorial candidate, unveiled legislation cracking down on immigration overstays. (Kevin Dietsch/Getty Images)
Data from the Border Patrol cited by Pew Research found there were 237,538 migrant encounters at the Mexican border in 2025. It is the lowest number since Richard Nixon was president in 1970 when 201,780 were encountered.
I REPRESENT A BORDER DISTRICT THAT WAS SWAMPED BY ILLEGAL IMMIGRATION. WHAT I’M SEEING NOW MIGHT SURPRISE YOU
Migrants wait in line to turn themselves in for processing to US Customs and Border Protection border patrol agents near the Paso del Norte Port of Entry after crossing the US-Mexico border in El Paso, Texas, on May 9, 2023. (Patrick T. Fallon/AFP)
Donalds, candidate for Florida governor to succeed term-limited Gov. Ron DeSantis, said he anticipates “swift passage” of the bill.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
“Republicans are steadfast in our commitment to the mandate entrusted to us by the American people,” he told Fox News Digital.
Fox News Digital reached out to DHS for comment.
Politics
Former state Controller Betty Yee drops out of the governor’s race
Former state Controller Betty Yee dropped out of the governor’s race on Monday, citing low levels of support from voters and donors.
Yee, a Democrat, was part of a sprawling field of politicians vying to replace termed-out Gov. Gavin Newsom. But despite the bevy of prominent candidates running to lead the nation’s most populous state and the world’s fourth-largest economy, this year’s governor’s race has lacked a clear front-runner well known by the electorate.
“It was becoming clear that the donors were not going to be there. Even some of my former supporters just felt like they needed to move on as well,” Yee said in a virtual news conference Monday morning, adding that her internal polling showed voters did not prioritize “competence and experience … and that’s really been my wheelhouse in terms of how we grounded this campaign.”
The former two-term state controller did not immediately endorse another candidate and said she would take a few days to assess the field before making an announcement.
The race was upended this month when then-Rep. Eric Swalwell, among the leading Democrats in the contest, was accused of sexual assault and other misconduct. The East Bay Area Democrat, who is facing multiple criminal investigations, promptly ended his gubernatorial bid and resigned from Congress.
Yee said the contest would probably go down as “one of the most unusual, unpredictable and unsettling races in modern California history.”
“I certainly could not have imagined the twists and the disturbing turns that this race has taken,” she said. “But through it all, my values and my vision for California has never wavered.”
“Voters are scared right now, and I think they really are placing a lot of prominence on a fighter in chief against this Trump administration,” she said.
Though she was prepared to be a governor that would push back against the Trump administration, Yee said her calm demeanor did not help her grab attention.
“We are living in like a reality TV era, where to get traction, you have to either be the loudest, you have to have gimmicks. You’ve got to do what you’ve got to do to get attention. I got no gimmicks. I have no scandals,” she said before calling herself “Boring Betty.”
Yee, 68, was well regarded by Democrats during her tenure in Sacramento.
But she never had the financial resources to aggressively compete in a state with many of the most expensive media markets in the nation.
Yee reported raising nearly $583,000 in 2025 for her gubernatorial bid, according to campaign fundraising reports filed with the California secretary of state’s office. Yee’s announcement that she is dropping out of the race came days before the latest financial disclosures will be publicly reported.
Despite being elected to the state Board of Equalization twice and as state controller twice, Yee was not widely known by most Californians. She never cracked double digits in gubernatorial polls.
Her name will still appear on the ballot. She was among the candidates who rebuffed state Democratic Party leaders’ request this year to reconsider their viability amid fears that the party could be shut out of the November general election because of the state’s unique primary system. The top two vote-getters in the June primary will move on to the November general election, regardless of party affiliation.
Though California’s electorate is overwhelmingly Democratic, the makeup of the gubernatorial field makes it statistically possible for Republicans to win the top two spots if Democratic voters splinter among their party’s candidates. Yee said fear of that scenario playing out “kind of took over” the gubernatorial race.
“Was it possible? Yes. Was it plausible? No, we’re in California. That was not going to happen,” she said, adding that the top-two primary system “has got to go.”
The daughter of Chinese immigrants, Yee said she was disappointed that other Asian American donors and community members did not show up for her as “robustly” as they had in the past.
“We had the opportunity to make history,” she said. “I’m going to want to do a deep dive about … what was it about my campaign that just did not resonate with them.”
Still, Yee was beloved by Democratic Party activists and previously served as the party’s vice chair.
No Democratic candidate reached the necessary threshold to win the party’s official endorsement at its February convention, but Yee came in second with support from 17% of delegates despite calls for her to drop out of the race.
“Every poll shows that this race is wide open, and I know this party,” she said in an interview at the convention. “Frankly, I’ve been in positions where it’s been a crowded field, and we work hard and candidates emerge.”
Yee became emotional Monday as she thanked her supporters and family, including her husband, siblings and mother. “She’s now 103 years old, and her life and voice and wisdom are my compass,” Yee said.
The gubernatorial primary will take place June 2, though voters will start receiving mail ballots in about two weeks.
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