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Hawley demands answers from TSA on migrants using controversial app to board planes: ‘This is outrageous’

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Hawley demands answers from TSA on migrants using controversial app to board planes: ‘This is outrageous’

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FIRST ON FOX: Sen. Josh Hawley, R-Mo., is urging the Transportation Security Administration (TSA) to provide answers about a reported initiative to allow migrants to use the CBP One app to verify documentation when boarding airplanes — without having to have their photo taken by the agency.

Hawley, in a letter first obtained by Fox News Digital, wrote to TSA administrator David Pekoske about a partnership between TSA and Customs and Border Protection (CBP) to allow migrants to use CBP One to validate travel documents.

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“This practice not only undermines the rule of law but also raises significant security concerns for commercial airflight,” he said.

The app has been used since January last year to allow migrants who present themselves at a port of entry to be allowed in, initially due to an exception from the Title 42 public health order and then since May to be paroled in to the U.S. as part of the Biden administration’s expansion of “lawful pathways.” It allows them to upload a photograph before making an appointment and provide additional information before the appointment.

TSA CHIEF SAYS ‘UNDER 1,000’ ILLEGAL IMMIGRANTS HAVE BEEN ALLOWED TO BOARD PLANES WITH WARRANTS AS ID 

Sen. Josh Hawley grills Homeland Secretary Alejandro Mayorkas on the CBP One app at a Senate Judiciary Committee hearing March 28, 2023. (Screenshot)

CBP has stressed that those who have entered the country are vetted using biographic and biometric information, and those who are paroled have already provided a photograph. Parolees are not in the country illegally since they have been paroled, but Republicans have said that the CBP One app is being used to wave in otherwise illegal immigrants. Hawley has previously described the app as a “concierge service” for illegal immigration.

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The TSA had previously green-lit the use of civil arrest warrants and deportation orders to allow migrants — including those in the country illegally — to board planes, with Pekoske telling Hawley last year that under 1,000 migrants had been allowed to board planes. 

Howerver, this week, conservative commentator David Rubin posted an image onto X showing a sign, purportedly at Miami International Airport, which says, “TSA is partnering with CBP to test the use of CBP One at certain TSA checkpoints to validate adult non-U.S. citizen travel documentation when the traveler does not otherwise have an acceptable form of identification.”

The sign explains how the individual must notify an officer, have an optional photo taken and provide either their alien identification number or biographical information. The sign stresses that the individual may decline to have a photo taken but must still provide the information, and that that information is verified through CBP One.

SENATE REPUBLICANS QUIZ BIDEN ADMIN ON TSA ALLOWING ILLEGAL IMMIGRANTS TO USE WARRANTS AS ID 

Hawley said that if the report is accurate, “this is outrageous.”

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“Millions of Americans are subject to the TSA screening process, which is often a burdensome, long inconvenience—and which includes photo identification. But every day, Americans take on this burden to increase the safety of their fellow passengers,” he said. 

“Therefore, it makes no sense to give special privileges to illegal immigrants, who should not even be allowed in the United States in the first place, let alone allowed to board U.S. aircraft. This is symbolic of the Biden Administration’s prioritization of open border policies over Americans’ safety,” he said.

Migrants flood into Eagle Pass, Texas, waiting to be processed on Dec. 18, 2023. (Fox News)

He noted that he has previously questioned TSA over the use of allowing migrants to provide typically insufficient documentation, like arrest warrants, as ID.  Hawley wants to know which DHS component developed the policy, how many immigrants have used it and been allowed to board aircraft, and a request for related documentation.

TSA told Fox News in response to a query about the screening practice that it does not screen upon entry into the U.S. and that all passengers have the right to opt out of automated facial recognition.

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“If a noncitizen opts out, as part of identity verification, TSA checks the live face against a photo taken by CBP upon encounter to ensure that they are the same person.  If identity is confirmed, the noncitizen receives enhanced physical screening of their person and property,” a spokesperson said.

“All individuals without an acceptable form of identification go through a stringent identity matching process and then receive additional screening before being allowed to proceed to his or her flight. Additionally, TSA denies boarding to all noncitizens whom TSA cannot match to government holdings.”

Pekoske had previously defended the practice of allowing arrest warrants to be used when quizzed by Hawley.

HAWLEY SEEKS ANSWERS ON ‘UNACCEPTABLE’ TSA POLICY OF ALLOWING ILLEGAL IMMIGRANTS TO USE WARRANTS AS ID 

“These individuals who have these arrest warrants, these arrest warrants were issued by Border Patrol or a customs officer, and they serve as a beginning of our identity verification process so you can’t walk up to a checkpoint, wave that form and then go right through into screening,” he said at a hearing in 2022.

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The agency has also said that any such document will then be validated via an “alien identification number” that involves personally identifiable information being checked against a number of CBP databases, including the CBP One mobile application and TSA’s National Transportation Vetting Center.

“To confirm the identity of an individual and ensure they are not on the no-fly list or pose a known threat to public safety or national security, TSA verifies the identity of every traveler before they are permitted to enter the secure area of an airport,” a statement from TSA said at the time.

“We aren’t looking at whether a person is legal or illegal in the country,” Pekoske said. “Our role is to make sure that people who may pose a risk to transportation that is significant enough to require enhanced screening or to not allow them to fly.”

The letter comes as the migrant crisis is heading into its third year with record numbers recorded at the border. There were more than 302,000 migrant encounters in December and DHS Secretary Alejandro Mayorkas recently told agents that over 85% were being released into the interior.

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Fox News’ Brian Paz contributed to this report.

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.

He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.

What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.

Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.

Civil libertarians say the new “digital dragnets” work in reverse.

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“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.

But these new data scans can be effective in finding criminals.

Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”

Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.

The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.

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Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.

The justices agreed to decide whether geofence warrants violate the 4th Amendment.

The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.

This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.

Judges are deeply divided on how this fits with the 4th Amendment.

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Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”

Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.

(Alex Wong / Getty Images)

Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.

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The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.

Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”

Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.

“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.

He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.

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Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.

Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.

Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.

Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.

The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.

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After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.

The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.

That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”

The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.

By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.

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The data confirmed Carpenter was nearby when four of the stores were robbed.

Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.

The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.

But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.

In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.

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Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.

The justices will issue a decision by the end of June.

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.

“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing. 

“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”

Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.

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“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.

“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”

Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.

“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued. 

“NO MORE MR. NICE GUY! 

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“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”

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Ordered free, still locked up: Judges fume as Trump administration holds ICE detainees

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Ordered free, still locked up: Judges fume as Trump administration holds ICE detainees

Judge Troy Nunley was fed up.

Federal immigration officials had once again flouted his authority by keeping a man locked up in a California City detention center after Nunley ordered him released. When he was finally set free, the man was booted onto the street with no passport, driver’s license or other personal effects. The judge’s demand that the items be returned were met with silence.

And so on Tuesday, Nunley, the chief judge of the Eastern District of California, slapped Department of Justice attorney Jonathan Yu with an official sanction and a $250 fine.

In a scathing order, Nunley laid out why he was compelled to take such a rare step. The fine may have been less than some traffic tickets, but it’s nearly unheard for a judge to formally admonish a government lawyer.

By Yu’s own admission, he was drowning in work. In his order, Nunley recounted the attorney’s claim he’d been assigned more than 300 nearly identical cases in the last three months, all of immigrants in detention who argued they were being held without cause.

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Court filings show many California cases involve longtime U.S. residents unexpectedly hauled off to jail after routine check-ins with immigration officials. One was an Afghan who’d helped the American war effort. Another a Cambodian grandmother of eight who fled Pol Pot’s killing fields as a girl nearly 50 years ago.

Until last year, most would have fought deportation on bond after a brief hearing with an immigration judge. Now, their only hope of release is to file a petition for writ of habeas corpus — a legal maneuver once typically reserved for death row inmates and suspected terrorists — inundating the country’s busiest federal courts with thousands of emergency suits.

The Trump administration attorney said he was trying to “triage” the situation, but Nunley found he repeatedly failed to comply, leaving people with the right to walk free stuck behind bars.

“The Court is not persuaded,” he wrote, issuing the sanctions.

The order came days after Nunley took the unusual step of announcing a “judicial emergency” in the district, which covers nearly half of California, stretching from the Oregon border to the Mojave Desert in the inland part of the state, including Fresno, Bakersfield and Sacramento.

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In the last year, the Eastern District has received more petitions from immigration detainees than almost any other jurisdiction in the United States: More than 2,700 since January, compared to fewer than 500 last year and just 18 in 2024. Similar crises are playing out elsewhere, with federal courts in Minnesota briefly paralyzed amid the Trump administration’s enforcement blitz there last winter.

People detained are seen behind fences at an ICE detention facility in Adelanto, California on July 10, 2025.

(Patrick T. Fallon/AFP via Getty Images)

In an interview with The Times, Nunley said dealing with the surge of activity since last summer has been “like being hit over the head with a bat.”

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“We’re up all night doing these cases,” he said.

So far this year, the Eastern District’s six active judges have ordered almost people 2,000 freed.

“The majority of the cases that we see are cases where people should not be detained,” Nunley said. “They should be receiving hearings to determine whether or not they are to remain in this country, and until they receive those hearings, they should be free.”

Since last July, the Department of Homeland Security has ordered that all immigrants it arrests are subject to “mandatory detention” — a policy that had previously only applied to those caught at the border.

The change came four days after President Trump signed a spending bill that earmarked $45 billion to expand the federal network of immigrant lockups.

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“This has been a sea change in the way the government has read the law,” said My Khanh Ngo, a senior staff attorney at the ACLU Immigrants’ Rights Project. “Almost every judge who has looked at this has agreed these people should get bond, and yet thousands of people are still sitting in detention.”

high school students protest immigration raids

Elizabeth Vega, 15, right, and Darlene Rumualdo, 15, from Torres High School join labor organizers, clergy leaders and immigrant rights groups to protest immigration raids nationwide at La Placita Olvera in downtown Los Angeles on January 23, 2026.

(Genaro Molina/Los Angeles Times)

Longtime U.S. residents who might once have fought removal from home — where they can more easily gather evidence to support their case and confer with lawyers — are instead being held indefinitely.

Many have no criminal record. Some have been in the U.S. so long that the countries they came from no longer exist.

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“People are locked up in the same facilities as people accused of crimes, people who’ve been convicted of crimes … and then you’re telling people, you have no shot of getting out,” Ngo said. “Detaining people and not giving them the chance to get out of detention is a way of coercing people to give up their claims.”

The habeas process can take weeks or months depending on the judge and the district.

“When the immigration cases dropped on our district, we got hit harder than any other outside West Texas,” Nunley said. “Initially we had more cases than anyone else.”

Today, data compiled by ProPublica and legal activist groups including the Immigration Justice Transparency Initiative show almost a quarter of the roughly 30,000 active habeas petitions in the United States are in California courts. Nunley’s own tabulations show half the California cases are in his district, where a perfect storm of stepped-up enforcement, a large population of immigrant workers and a concentration of detention centers produced a flash flood of habeas petitions.

The cases rely on the Constitution’s guarantee of due process before being deprived of life, liberty or property. But according to court filings, in some instances the government has argued “the Fifth Amendment does not apply” to detained immigrants.

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DOJ lawyers responding to the bids for freedom now regularly complain they’re being crushed under paperwork.

Judges accustomed to having government lawyers comply with their orders have been left fuming.

In California’s Central District, which includes L.A. and surrounding areas, Judge Sunshine Sykes wrote a fiery decision earlier this year that said the Trump administration is inflicting “terror against noncitizens.”

Sykes is one of several federal judges across the country that have tried to compel the government to resume bond hearings. The 9th U.S. Circuit Court of Appeals blocked that decision in March, leaving the habeas system in place for now. But with challenges or recent decisions across multiple circuits, experts say the fight is fated for the Supreme Court.

“ICE has the law and the facts on its side, and it adheres to all court decisions until it ultimately gets them shot down by the highest court in the land,” a Homeland Security spokesperson said in an email to The Times.

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A woman holds a "ICE not welcome here!" sign at a vigil in San Pedro in January.

A woman holds a “ICE not welcome here!” sign at a vigil in San Pedro in January.

(Gina Ferazzi/Los Angeles Times)

The lawyers fighting to free those jailed under the Trump administration’s mandatory detention policy say they were not initially equipped for these legal battles because they used to be exceedingly rare.

Most federal judges had only seen a handful of habeas petitions before last summer — then suddenly they had hundreds of requests for urgent relief, according to Jean Reisz, co-director of the USC Immigration Clinic.

Reisz said there are efforts to get pro bono law groups trained on how to effectively argue habeas cases, “but it takes a while to get up to speed.”

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A Federal agent asks residents to move back at the scene of a shooting

A federal agent asks residents to move back after a shooting during an immigration enforcement operation in Willowbrook on January 21, 2026.

(Genaro Molina/Los Angeles Times)

At the same time, Reisz said, lawyers are pushing judges who oversee the cases to act swiftly, since interminable procedural delays ensure people remain incarcerated.

“Most of the habeas petitions include a motion for temporary restraining orders, and that requires emergency decisions from the courts, which requires the courts to act very fast,” Reisz said.

In California’s federal district courts, the backlog remains thousands deep. Nunley said the system is struggling to keep up with the crush of cases.

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“There’s nothing that says that noncitizens should not be entitled to due process,” Nunley said. “These are our people, they reside in our district. They’re entitled to the same due process that you and I are entitled to.”

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