Politics
What will Biden say on immigration? Border agent and 'Dreamers' expected at State of the Union
After a failed bipartisan national security bill and amid reports that the White House is considering executive action that could restrict asylum, the nation’s immigration crisis will be a topic of interest for many attending President Biden’s State of the Union address Thursday.
Biden is expected to tout his first-term successes, including increased infrastructure and manufacturing spending, and talk about how he would improve the economy further during a second term.
But how much of his address will he devote to discussing immigration? Listeners may be disappointed.
“Do you want to remind people that ‘I’ve been in office for three years and we’ve had more people come across the border than [ever]’? It’s somewhat of a failure,” said Alison Howard, a political science professor at Dominican University of California who researches State of the Union speeches.
“You can’t ignore it,” Howard said. “But do you want that to be the takeaway from your State of the Union address? I would think not.”
Attendees will tell a different story. Several members of Congress have announced invited guests who symbolize various aspects of the debate.
Among them are a Border Patrol agent from New York; an immigrant rights activist from Chicago; Deferred Action for Childhood Arrivals, or DACA, program recipients; and the wife of a man killed by a neighbor in Texas who said Latinos weren’t welcome in his community.
Rep. Adam B. Schiff (D-Burbank) is bringing United Farm Workers President Teresa Romero to draw attention to his support for a pathway to citizenship for farmworkers. On Tuesday, Schiff won his primary bid to vie for the U.S. Senate in November, buoyed in part by support from labor unions like the UFW.
Rep. Elise Stefanik (R-N.Y.) is bringing Brandon Budlong, a Border Patrol agent and president of Local 2724 of the National Border Patrol Council, the union that represents agents in the Buffalo sector along the northern border. Stefanik voted for the Republican-led Secure the Border Act and voted to impeach Homeland Security Secretary Alejandro N. Mayorkas.
“Biden’s radical policies have incentivized an unprecedented amount of illegal crossings into the Swanton and Buffalo sectors putting tens of thousands of lives, including that of our Border Patrol agents, at risk,” Stefanik wrote in a statement announcing her guest.
The Homeland Security Department has said that the increase is due to a global migration challenge that isn’t unique to the U.S.
Officer Zunxu Tian and Lt. Ben Kurian of the New York Police Department are attending as guests of House Speaker Mike Johnson (R-La.) and GOP New York Reps. Anthony D’Esposito and Nicole Malliotakis. A viral video showed the officers being assaulted in Times Square in January by a group of people who police said included migrants — though at least one was later cleared of wrongdoing. Johnson also invited a woman whose daughter was allegedly killed by a Salvadoran MS-13 gang member.
California’s Sen. Alex Padilla is bringing Dr. Denisse Rojas Marquez, a recipient of DACA, the Obama-era program for immigrants known as “Dreamers” who were brought to the U.S. as minors. Rojas Marquez is an emergency room resident physician at Boston Medical Center and a co-founder of Pre-Health Dreamers, an organization that helps immigrants access healthcare and pursue careers in the field.
“I fully expect the president to address border security,” said Padilla, who who opposed the bipartisan bill because it didn’t include a legalization component for Dreamers and other immigrants.
“If he’s going to lead on this, he needs to remember what he said when he was running for president a few years ago — that it’s a comprehensive approach that’s necessary. It’s not just appropriate but important that he holds Republicans accountable,” the senator said.
A White House official, who discussed Biden’s address on condition of anonymity, said the president planned to say that the Republican-controlled House should pass the bipartisan national security bill and address the need for more resources and policy reforms.
Rep. Lou Correa (D-Santa Ana) is also bringing along a DACA recipient — Valeria Delgado, a Chapman University student and aspiring physician assistant.
Correa, the top Democrat on the House border and enforcement subcommittee, said he has brought a so-called Dreamer to the event every year since he was elected in 2017. Given the heightened rhetoric around immigration, he said, the tradition is especially important this year.
Correa said that immigration was one of the biggest issues that brought him to Congress, and that it has been oversimplified into a single political talking point. But there are three distinct issues, he said: longtime immigrants who have spent decades working and paying taxes but remain undocumented; the crisis of newly arriving migrants driven by global economic instability exacerbated by COVID-19; and the threat of real terrorism.
He expressed frustration that despite longtime bipartisan support for Dreamers, congressional gridlock has prevented passage of reforms, even those that both major parties agree on.
“I need to continue to remind people we need to get back to the basics,” Correa said. “Our economy needs workers — we need good, solid, hardworking people — and we need to continue to work for commonsense immigration reform.”
But he said the current political environment is so toxic for immigrants that he doesn’t expect reform to happen anytime soon. Too many of his colleagues, he said, “would probably be putting their careers on the line.”
In the weeks leading up to Biden’s State of the Union address, the White House has been hammering Republicans to help pass the border security bill. The president has taken an increasingly tough tone on the topic, saying he would shut down the border if given the ability.
Former President Trump baselessly claimed while campaigning in North Carolina on Saturday for Super Tuesday’s primaries that “Biden’s conduct on our border is by any definition a conspiracy to overthrow the United States of America.”
In response, Biden campaign spokesman Ammar Moussa pointed to the failed bill. “Once again Trump is projecting in an attempt to distract the American people from the fact he killed the fairest and toughest border security bill in decades because he believed [inaction by Congress] would help his campaign,” Moussa said in a statement.
Howard, the Dominican University professor, said the tradition of inviting guests to the State of the Union is used to put human faces on policy issues.
This year, First Lady Jill Biden has invited Kate Cox, the Texas woman who was denied an emergency abortion by the state’s Supreme Court.
Guests are also invited to be recognized as heroes, as happened last year when the president invited Brandon Tsay, who had disarmed the mass shooter in Monterey Park.
“Members of Congress are paying attention to what they think will help support the party or embarrass the other party with their choice of guest,” Howard said.
On immigration, Biden is unlikely to convince Congress to enact immediate reforms with his speech, she said. But he could talk about the Trump-era executive orders he reversed when he first took office and discuss what to expect in a second term on the issue.
Times staff writer Noah Bierman contributed to this report.
Politics
Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins
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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — 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.
“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.
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.
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.
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.
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.
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.
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.
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.
Politics
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.
“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!
“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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