Politics
Supreme Court Sides With Migrant Trump Administration Wrongly Deported
The Supreme Court on Thursday instructed the government to take steps to return a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.
In an unsigned order, the court stopped short of ordering the return of the migrant, Kilmar Armando Abrego Garcia, indicating that courts may not have the power to require the executive branch to do so.
But the court endorsed part of a trial judge’s order that had required the government to “facilitate and effectuate the return” of Mr. Abrego Garcia.
“The order properly requires the government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” the Supreme Court’s ruling said. “The intended scope of the term ‘effectuate’ in the district court’s order is, however, unclear, and may exceed the district court’s authority.”
The case will now return to the trial court, and it is not clear whether and when Mr. Abrego Garcia will be returned to the United States.
“The district court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs,” the Supreme Court’s ruling said. “For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
The ruling appeared to be unanimous. But Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, issued a statement that was harshly critical of the government’s conduct and said she would have upheld every part of the trial judge’s order.
“To this day,” Justice Sotomayor wrote, “the government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador or his confinement in a Salvadoran prison. Nor could it.”
Justice Sotomayor urged the trial judge, Paula Xinis of the Federal District Court in Maryland, to “continue to ensure that the government lives up to its obligations to follow the law.”
A Justice Department spokesman responded to the order by focusing on its reference to the executive branch.
“As the Supreme Court correctly recognized, it is the exclusive prerogative of the president to conduct foreign affairs,” the spokesman 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.”
Andrew J. Rossman, one of Mr. Abrego Garcia’s lawyers, expressed satisfaction with the Supreme Court’s action.
“The rule of law won today,” he said. “Time to bring him home.”
Mr. Abrego Garcia’s wife described the effect the case has had on their family and said she would keep pursuing his return to the United States.
“This continues to be an emotional roller coaster for my children, Kilmar’s mother, his brother and siblings,” Jennifer Stefania Vasquez Sura, his wife, said on Thursday, adding that “I will continue fighting until my husband is home.”
Judge Xinis had said the Trump administration committed a “grievous error” that “shocks the conscience” by sending Mr. Abrego Garcia to El Salvador despite a 2019 ruling from an immigration judge. The immigration judge granted him a special status known as “withholding from removal,” finding that he might face violence or torture if sent to El Salvador.
The administration contends that Mr. Abrego Garcia, 29, is a member of a violent transnational street gang, MS-13, which officials recently designated as a terrorist organization.
Judge Xinis, who was appointed by President Barack Obama, said those claims were based on “a singular unsubstantiated allegation.”
“The ‘evidence’ against Abrego Garcia consisted of nothing more than his Chicago Bulls hat and hoodie,” she wrote, “and a vague, uncorroborated allegation from a confidential informant claiming he belonged to MS-13’s ‘Western’ clique in New York — a place he has never lived.”
In the administration’s emergency application seeking to block Judge Xinis’s order, D. John Sauer, the U.S. solicitor general, said she had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure Mr. Abrego Garcia’s release.
“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”
In a response to the court, Mr. Abrego Garcia’s lawyers said their client “sits in a foreign prison solely at the behest of the United States, as the product of a Kafka-esque mistake.”
They added: “The district court’s order instructing the government to facilitate Abrego Garcia’s return is routine. It does not implicate foreign policy or even domestic immigration policy in any case.”
Mr. Sauer said it did not matter that an immigration judge had previously prohibited Mr. Abrego Garcia’s deportation to El Salvador.
“While the United States concedes that removal to El Salvador was an administrative error,” Mr. Sauer wrote, “that does not license district courts to seize control over foreign relations, treat the executive branch as a subordinate diplomat and demand that the United States let a member of a foreign terrorist organization into America tonight.”
Mr. Abrego Garcia’s lawyers said there was no evidence that he posed a risk.
“Abrego Garcia has lived freely in the United States for years, yet has never been charged for a crime,” they wrote. “The government’s contention that he has suddenly morphed into a dangerous threat to the republic is not credible.”
Mr. Sauer said Judge Xinis’s order was one in a series of rulings from courts exceeding their constitutional authority.
“It is the latest in a litany of injunctions or temporary restraining orders from the same handful of district courts that demand immediate or near-immediate compliance, on absurdly short deadlines,” he wrote.
In her statement on Thursday, Justice Sotomayor wrote that it would be shameful “to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law.”
She added that the government’s position “implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene.”
“That view,” the justice wrote, “refutes itself.”
Alan Feuer, Aishvarya Kavi and Glenn Thrush contributed reporting.
Politics
Video: Democrats Demand Guardrails as Government Shutdown Looms
new video loaded: Democrats Demand Guardrails as Government Shutdown Looms
transcript
transcript
Democrats Demand Guardrails as Government Shutdown Looms
Democrats laid out demands for Homeland Security as the Senate prepared to vote on a government spending package. Lawmakers need to reach an agreement by the deadline on Friday to avoid a government shutdown.
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“We want masks off, body cameras on. They also always have to carry proper identification. These are common sense reforms, ones that Americans know and expect from law enforcement. What we want to do is negotiate with the Republicans and come up with a proposal that, again, reins in ICE and ends the violence.” “A government shutdown is not in anybody’s interest. It would affect funding for some really important agencies of government that the American people rely on, like FEMA, particularly at a time when we’ve got a lot of weather-related disasters making their way across the country. So I hope we can get this thing back on track.”
By Shawn Paik
January 29, 2026
Politics
Trump admin finds California ban on notifying parents of gender transitions violated federal law
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The U.S. Department of Education announced on Wednesday that a California policy allowing school districts to keep students’ gender transition from their parents violates federal law.
Secretary of Education Linda McMahon said a federal investigation found that California education officials “egregiously abused” their authority by pressuring school districts to withhold information about students’ gender transitions from their parents.
“Under Gavin Newsom’s failed leadership, school personnel have even bragged about facilitating ‘gender transitions,’ and shared strategies to target minors and conceal information about children from their own families,” she said in a statement. “While the Biden Administration turned a blind eye to this deprivation of parental rights and endorsed the irreversible harms done to children in the name of radical transgender ideology, the Trump Administration will fight relentlessly to end it.”
“Children do not belong to the State—they belong to families. We will use every available mechanism to hold California accountable for these practices and restore parental rights,” the secretary added.
CATHOLIC GROUP ASKS SCOTUS TO BLOCK CALIFORNIA LAW AGAINST REVEALING STUDENTS’ GENDER IDENTITIES TO PARENTS
The U.S. Department of Education said a California policy allowing school districts to keep students’ gender transition from their parents violates federal law. (Getty Images)
California Department of Education spokesperson Liz Sanders said in a statement to Politico that the department was reviewing the letter sent by McMahon but that “we do believe that we have addressed the essence of this letter in previous communications.”
State education officials told school districts in October that the state’s policy “does not mandate nondisclosure.”
The findings of the federal investigation could put at risk the nearly $8 billion in education funding the federal government gives the state each year if state officials do not work with the Trump administration to resolve the violations.
To resolve the violations, the federal government said California can take several actions, including issuing a notice to all superintendents and administrators that “gender support plans” or other related documentation directly related to a student are considered education records and are subject to parental inspection upon request and notifying superintendents and administrators that state laws should not be interpreted to undermine or contradict federal law.
School districts would need to affirm that they are complying with the Family Educational Rights and Privacy Act, a federal law that gives parents the right to inspect their children’s records, while the state must add content approved by the federal government to its LGBTQ+ cultural competency training.
The state policy, AB 1955, signed into law by Gov. Gavin Newsom in 2024, banned the parental notification of transgender and gay students’ gender identity or sexual orientation without the student’s consent.
Secretary of Education Linda McMahon said a federal investigation found that California officials “egregiously abused” their authority by pressuring school districts to withhold students’ gender transitions from their parents. (Anna Moneymaker/Getty Images)
Last spring, the federal government opened an investigation into the state’s Department of Education, arguing state officials were helping “socially transition children at school while hiding minors’ ‘gender identity’ from parents.”
The federal agency also claimed the state was violating the Family Educational Rights and Privacy Act.
“AB 1955 does not prohibit LEA staff from sharing any information with parents,” state officials wrote to school districts in October, according to Politico. “Based on the plain language of both laws, there is no conflict between AB 1955 and FERPA, which both permit parental access to their student’s education records upon request.”
Newsom’s office said last year that “parents continue to have full, guaranteed access to their student’s education records as required by federal law,” according to Politico.
The Golden State’s policies are also facing scrutiny in the courts.
TRUMP ADMIN DETERMINES SJSU VIOLATED TITLE IX WITH HANDLING OF TRANS VOLLEYBALL PLAYER BLAIRE FLEMING
The state policy, signed into law by Gov. Gavin Newsom in 2024, banned the parental notification of transgender and gay students’ gender identity or sexual orientation. (AP Photo/Rich Pedroncelli, File)
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A federal judge ruled last month that schools cannot prevent teachers from sharing information about a student’s gender identity with their parents, but an appeals court blocked that ruling earlier this month. A group of California parents who brought the case are asking the U.S. Supreme Court to reinstate the earlier decision.
The Trump administration is also pursuing legal action against California and threatening to withhold funding over a policy allowing biological males to compete in girls’ sports.
Politics
Rubio stands by Venezuela attack, says Trump retains authority to use force
WASHINGTON — Secretary of State Marco Rubio left the door open Wednesday to future U.S. military action in Venezuela, telling lawmakers that while the Trump administration does not anticipate further escalation, the president retains the authority to use force if Venezuela’s interim leadership or other American adversaries defy U.S. demands.
Rubio’s remarks came hours after President Trump deployed what he called a “massive armada” to pressure Iran back to the negotiating table over its nuclear weapons program, amid broader questions about how recent U.S. tensions with Denmark over Greenland are affecting American relations with NATO allies.
“The president never rules out his options as commander in chief to protect the national interest of the United States,” Rubio told the Senate Foreign Relations Committee. “I can tell you right now with full certainty, we are not postured to, nor do we intend or expect to take any military action in Venezuela at any time.”
The appearance marked Rubio’s first public testimony before a congressional panel since U.S. forces seized former Venezuelan President Nicolás Maduro and brought him to New York to face narco-trafficking charges nearly a month ago. Rubio was pressed by Democratic lawmakers over congressional war powers and whether the operation had meaningfully advanced democracy in Venezuela.
“We’ve traded one dictator for another. All the same people are running the country,” said Sen. Jeanne Shaheen (D-N.H.). Acting President Delcy Rodríguez “has taken no steps to diminish Iran, China or Russia’s considerable influence in Venezuela.”
Rodríguez, who formerly served as Maduro’s vice president, has committed to opening Venezuela’s energy sector to American companies, providing preferential access to production and using revenues to purchase American goods, according to Rubio’s testimony.
But questions remain about Rodríguez’s own alleged ties to trafficking networks. The Associated Press reported that she has been on the DEA’s radar for years for suspected involvement in drug and gold smuggling, though no public criminal charges have been filed.
And despite Trump’s warning that Rodríguez would “pay a very big price” if she does not cooperate, she has pushed back in public against U.S. pressure over trade policy.
“We have the right to have diplomatic relations with China, with Russia, with Iran, with Cuba, with all the peoples of the world. Also with the United States. We are a sovereign nation,” Rodríguez said earlier this month.
Venezuela is among the largest recipients of Chinese loans globally, with more than $100 billion committed over recent decades. Much of that debt has been repaid through discounted oil shipments under an oil-for-loans framework, financing Chinese-backed infrastructure projects and helping stabilize successive Venezuelan governments.
U.S. military leaders have warned Congress about Iran’s growing strategic presence in the hemisphere, including concerns over ballistic missile capabilities and the supply of attack and surveillance drones to Venezuela.
“If an Iranian drone factory pops up and threatens our forces in the region,” Rubio said, “the president retains the option to eliminate that.”
Democrats also argued that the administration’s broader foreign policy is undercutting U.S. economic strength and alliances, particularly in competition with China.
Despite Trump’s tariff campaign, China posted a record global trade surplus in 2025, lawmakers noted, while estimates show U.S. manufacturing employment has declined by tens of thousands of jobs since the tariffs took effect.
Senators pushed back on the State Department’s assertion that U.S. policy has unified allies against China, arguing instead that tariffs and recent military escalations involving Greenland, Iran and Venezuela have strained relations with key partners. They pointed to Canada as an example, noting that Ottawa recently reached a trade deal with China amid concerns about the reliability of the United States as a partner.
Sen. Rand Paul (R-Ky.), a Republican dissenter on Venezuela, rejected the Trump administration’s framing of Maduro’s capture as a law enforcement operation rather than an act of war.
He pressed Rubio on congressional authorization.
“If we said that a foreign country invaded our capital, bombed all our air defense — which would be an extensive bombing campaign, and it was — removed our president, and then blockaded the country, we would think it was an act of war,” Paul said.
Congressional Republicans voted to dismiss a war powers resolution earlier this month that would have limited Trump’s ability to conduct further attacks on Venezuela after two GOP senators reversed course on supporting the legislation.
They did so based on informal assurances from the administration that it would consult members of Congress before taking military action.
“I was a big fan of [congressional] consultation when I was sitting over there,” Rubio said, joking about his tenure as a senator on the committee. “Now, you know, it’s a different job, different time.”
The War Powers Act dictates how the executive must manage military operations, including that the administration must notify Congress within 48 hours of a military operation.
“And if it’s going to last longer than 60 days, we have to come to Congress with it. We don’t anticipate either of these things having to happen,” Rubio said.
He added that the administration’s end goal is “a friendly, stable, prosperous Venezuela,” and cautioned that free and fair elections would take time as the administration works with Rodríguez to stabilize the country.
“You can have elections all day, but if the opposition has no access to the media … those aren’t free and fair elections,” Rubio said. “There’s a percentage of the Venezuelan population … that may not have liked Maduro, but are still committed to Chavista ideology. They’ll be represented in that platform as well.”
Rubio fell short of providing concrete timelines, prompting skepticism from lawmakers who cited ongoing reports that political prisoners remain jailed and that opposition figures such as Edmundo González Urrutia and María Corina Machado would still be blocked from seeking office. He will meet with Machado this week to discuss her role in the ongoing regime change.
“I’ve known Maria Corina for probably 12 or 13 years,” Rubio said. “I’ve dealt with her probably more than anybody.”
But the reality on the ground remains difficult, he said, adding the administration has hedged its bets on the existing Venezuelan government to comply with U.S. efforts to stabilize the economy and weed out political violence before fair elections can be held.
“The people that control the guns and the institutions of government there are in the hands of this regime,” Rubio said.
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