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Yesterday the D.C. Circuit Court granted the government's request for stay in Huisha-Huisha v. Mayorkas, allowing the Biden administration to continue expelling families and children to danger under its inhumane Title 42 policy. Two weeks ago a federal judge ruled Title 42 illegal, issuing an injunction that would have taken effect today. The Biden administration's decision to continue defending the policy in court has put that injunction on pause. The consequences for families and children seeking safety will be deadly.
Yesterday the D.C. Circuit Court granted the government's request for stay in Huisha-Huisha v. Mayorkas, allowing the Biden administration to continue expelling families and children to danger under its inhumane Title 42 policy. Two weeks ago a federal judge ruled Title 42 illegal, issuing an injunction that would have taken effect today. The Biden administration's decision to continue defending the policy in court has put that injunction on pause. The consequences for families and children seeking safety will be deadly.
Members of the #WelcomeWithDignity campaign, which include organizations serving people expelled under Title 42 and litigators in the Huisha-Huisha case, responded to the ruling:
"Once again, the Biden Administration has shown that it is more committed to defending Title 42 than upholding the human rights of asylum-seekers," said Amy Fischer, Americas Advocacy Director at Amnesty International USA. "The continued weaponization of the pandemic to expel people from our border will result in serious harm for the thousands who have been denied protection, including thousands of Haitians who have been brutalized and expelled under the policy in recent weeks. There is simply no way around it - Title 42 must end, and every day the Biden Administration fights to uphold it, they choose xenophobia and racism over protecting human rights."
"The Biden administration should have never appealed this case," said Tami Goodlette, Director of Litigation at Refugee and Immigrant Center for Education and Legal Services (RAICES) and co-counsel in the Huisha-Huisha case. "The lower court concluded Title 42 was illegal and should not be applied to exclude families from seeking asylum in the U.S. But rather than allow families to seek refuge in our country -- which is legal under U.S. law and international law -- the administration chose to further promulgate the Trump administration's racist and xenophobic policies by appealing the case, and then proceeding to expel thousands of Haitians from Del Rio, Texas under Title 42. The Biden administration has lost its way and needs to remember its promises from the election. Migrants deserve better. Our country deserves better."
"The Biden administration's embrace of Title 42 has exposed people seeking safety to untold violence and suffering," said Neela Chakravartula, Managing Attorney at the Center for Gender & Refugee Studies and co-counsel in the Huisha-Huisha case. "The administration's decision to defend the policy in court is unconscionable, and a complete betrayal of the president's promise to restore access to asylum. Recent events have laid bare the tragic consequences of Title 42. In less than two weeks, the administration has expelled over 5,000 Haitians to a country plagued with widespread violence and insecurity - a human rights travesty, and no small operational feat. They could have used those resources to safely welcome Haitians seeking refuge. Instead, the president has adopted Trump's racist policy as his own, without regard for the families and children harmed as a result."
"All President Biden needed to do to stop applying Trump's Title 42 to families was not seek a stay or appeal, but they did," said Lindsay Toczylowski, Immigrant Defenders' Co-Founder and Executive Director. "Expelling families with kids and other asylum seekers back to the dangerous countries they have fled with no due process is now a Biden policy, one that the Biden Administration fought hard to keep."
"Abusing an obscure public health rule to shut down our asylum system is Stephen Miller's racist legacy. Every day that the Biden administration allows this policy to remain in place is a day that the government knowingly puts children and families in harm's way. What we witnessed at Del Rio last week is a stark reminder of just how violent this policy is. It's an insult to America's family values that within the past month thousands of Haitians -- including babies and toddlers -- have been expelled back to danger," said Paola Luisi, Director of Families Belong Together. "The Biden administration should live up to its promises and end Title 42 immediately. The world is watching Mr. President: we should be protecting children and families, not expelling them back to danger."
"The Biden Administration's embrace of Title 42 is so absolutely maliciously evil because they've done that political calculus that this obscure policy is just complex enough to never grip the mainstream media's and public's full attention so the government can just continue harming immigrants without being held accountable," said Jonathan Goldman, Executive Director of the Student Clinic for Immigrant Justice. "There is no excuse here. They are complicit in the harm started by Trump. The Biden Administration has not simply continued the policy, which would have been bad enough, but they've actively attempted to keep it alive."
"The Biden Administration's continued defense of Title 42 and its ongoing, devastating effects on human rights at the U.S-Mexico border, which includes over 5,400 Haitians unjustly and cruelly expelled pursuant to these policies within the last 11 days, is outrageous and unconscionable. We will not rest until these practices are eliminated and full reparations have been made to all those who have been affected by these serious human rights crimes," said Camilo Perez-Bustillo, on behalf of the leadership team of Witness at the Border.
"What we know about Title 42 after a year of witnessing its impact firsthand at the border is this: it puts vulnerable migrants in danger, it violates asylum law and it empowers criminal groups to take advantage of those who are expelled," said Dylan Corbett, Executive Director of Hope Border Institute. "Title 42 was the driving force behind the mass deportations of Haitian refugees, one of the largest mass expulsions in US history. The court's decision yesterday was a troubling denial of the reality at the border and the unnecessary suffering of the families we are putting in harm's way."
"Title 42 was a disgrace under the Trump Administration, and now, a disgrace under the Biden Administration." said Karen Tumlin, Founder and Director of Justice Action Center. "The unlawful and immoral policy has never been about protecting public health, but rather, the power to summarily expel asylum seekers back to the very danger they are fleeing. That the Biden Administration would deliberately pursue to uphold the application of Title 42 to children and families is particularly shameful, and immigrant communities and advocates will continue to call on President Biden to end this immoral and unlawful policy once and for all."
"The D.C. Circuit court's decision, which allows the Biden administration to continue to shut the door to people seeking protection and send them back to harm without due process, is beyond disappointing, it is devastating," said Luis Guerra, CLINIC's Strategic Capacity Officer. "We will continue to urge the Biden administration to take bold action at our border by creating safe and dignified pathways for those seeking protection and stop hiding behind and upholding the xenophobic policies of the prior administration. The continued use of Title 42 is shameful, unconscionable and simply inhumane; President Biden has the power and means to end it today. Continuing Title 42 is an absolute affront to our laws and our humanity."
"The Florence Project is dismayed that a court has granted the Biden administration's request to halt a court order that would have protected families seeking protection in the United States," said Chelsea Sachau, an attorney with the Florence Immigrant & Refugee Rights Project. "People we meet on the Arizona-Sonora border tell us every day that Title 42 puts them in extremely dangerous situations. Asylum seekers tell us that they want to abide by a safe, orderly asylum process. However, despite campaign promises to the contrary, the Biden administration has failed to give them one, even after nine months in office. In fact, they are fighting tooth and nail to defend this indefensible, Trump-era policy and as a result, to prolong the tremendous human suffering it causes. We can welcome asylum seekers safely and with dignity - the Biden administration is choosing not to at every single opportunity."
"The calls come daily, a young journalist in Nicaragua whose life is being threatened because of his political views, a mother and her two young children who watched her brother's murder by cartel and was told they were next, the thousands of people standing on the other side of a horrific wall seeking refuge from climate disasters, violence, and so much more, all turned away because of a public health law dug up by Stephen Miller to forward his racist agenda", said Laurie Benson, Founder of Madres e Hijos. "Every day that the Biden Administration fights to keep this policy in place is a day that they put politics before people, political agendas before humanity."
"The Biden administration's continued embrace of Title 42 expulsions defies domestic and international law, disregards experts' repeated advice on how to handle public health, and puts families and individuals in danger," said Andrew Geibel, Policy Counsel at HIAS. "Its continued use, including its use to deport over 5,000 vulnerable Haitians back to a country that cannot properly integrate them, shocks the conscience. The Biden administration should end this appeal immediately."
"The federal court of appeals ruling allowing the Biden Administration to continue migrant expulsions at the border under Title 42 is a major disappointment," said Joan Rosenhauer, Executive Director of Jesuit Refugee Service USA. "When President Biden campaigned in 2020, he promised he would repair our asylum process and rebuild it from the Trump Administration's attempts to dismantle it and prevent asylum seekers, as well as refugees and other immigrants, from entering the United States. Instead, he is continuing some of the Trump Administration's worst policies. Rather than defending and legitimizing President Trump's legacy, the Biden Administration should be putting more policies in place based on respect for international law and the United States' legacy of welcoming the stranger and providing safety for those fleeing persecution. Title 42 represents the complete opposite."
"While yesterday's decision from the court was disappointing, ultimately nothing is preventing the Biden administration from doing the right thing and choosing to end its use of Title 42 to expel families and adults seeking protection at our border," said Ursela Ojeda Senior Policy Advisor for Migrant Rights and Justice at the Women's Refugee Commission. "Title 42 is an unlawful and xenophobic Trump-era policy that weaponized public health to shut down access to protection at the border. We are outraged by the Biden administration's decision to continue such expulsions which summarily return vulnerable individuals and families to harm and perpetuate suffering and chaos at the border. We call on the administration to finally restore access to asylum, including by reopening ports of entry."
"Just days after witnessing images of the horrific abuses of Black migrants seeking safety at our borders under Title 42, it is disturbing that the Biden administration would continue to maintain and defend this callous policy harming people seeking refuge," said Avideh Moussavian, director of federal advocacy at the National Immigration Law Center. "That last night's ruling came on the same day that DHS issued new enforcement priorities that arbitrarily and unjustly label people as threats to borders security based solely on their attempt to enter the U.S. - often under the most vulnerable and desperate circumstances - speaks to this administration's deeply harmful focus on deterrence. We will continue to fight this policy and others that disproportionately impact Black and LGBTQIA+ asylum seekers and push to hold this administration accountable to its promise to build a 21st century immigration system that centers the dignity of everyone."
Amnesty International is a global movement of millions of people demanding human rights for all people - no matter who they are or where they are. We are the world's largest grassroots human rights organization.
(212) 807-8400"Freezing these EV charging funds is yet another one of the Trump administration's unsound and illegal moves," said one climate advocate.
Climate campaigners are blasting the Trump administration's move to halt a $5 billion initiative to build electric vehicle chargers along highways across the United States and calling on Congress to fight back against the attack on the grant program from the 2021 bipartisan infrastructure law.
The National Electric Vehicle Infrastructure (NEVI) Formula Program was established by the Infrastructure Investment and Jobs Act. Natural Resources Defense Council's Beth Hammon said in a Friday statement that "on a bipartisan basis, Congress funded this program to build a new vehicle charging network nationwide. The Trump administration does not have the authority to halt it capriciously."
Hammon, a senior vehicle charging advocate at the group, warned that "stopping funding midstream will result in chaos and delays in states across the nation. It will throw state efforts into turmoil, wreak havoc with the companies that install the chargers, and risk the jobs of their workers. The only winner from this chaos is the oil industry."
"This should not stand. Courts have already blocked the Trump administration's other illegal attempts to halt legally mandated funding," she added. "Congress needs to stand up for itself: This move and many others from the Trump administration steals away its constitutionally established spending authority."
Katherine García, director of the Sierra Club's Clean Transportation for All campaign, similarly declared Friday that "freezing these EV charging funds is yet another one of the Trump administration's unsound and illegal moves. This is an attack on bipartisan funding that Congress approved years ago and is driving investment and innovation in every state, with Texas as the largest beneficiary."
"Throwing out states' plans, which were carefully built together with business, utilities, and communities, only hurts America's growing clean energy economy," she stressed. "The NEVI program has helped the U.S. build out the infrastructure needed to support our nation's necessary transition to pollution-free vehicles. More electric vehicle charging means better public health, reduced climate emissions, good-paying green jobs, and healthier communities."
President Donald Trump has taken various anti-climate actions since Inauguration Day—declaring a "national energy emergency," ditching the Paris agreement again, and enabling new liquefied natural gas exports. One executive order calls for "terminating the Green New Deal," and directs agencies to pause disbursement of funds appropriated through the Inflation Reduction Act and the 2021 law, specifically mentioning the NEVI program.
Trump targeted the initiative despite his ties to Tesla CEO Elon Musk, head of the president's destructive Department of Government Efficiency. Wiredreported that the billionaire's "electric automobile company has been a recipient of $31 million in awards from the NEVI program, according to a database maintained by transportation officials, accounting for 6% of the money awarded so far."
The Federal Highway Administration on Thursday sent a letter—first reported by InsideEVs—informing state transportation departments that "the new leadership of the Department of Transportation (U.S. DOT) has decided to review the policies underlying the implementation of the NEVI Formula Program," and, as a result, "is also immediately suspending the approval of all" state deployment plans previously greenlit by the Biden administration.
As Heatmapdetailed:
According to Paren, an EV charging data analytics firm that has been closely following the rollout of the NEVI program, states are legally entitled to spend roughly $3.27 billion on NEVI. That accounts for plans approved for fiscal years 2022 through 2025. To date, states have awarded about $615 million of the funds to just under 1,000 projects—with 10% of those projects being led by Tesla.
The letter says states will still be able to get reimbursed for expenses related to previously awarded projects, "in order to not disrupt current financial commitments." But the more than $2.6 billion that has not been awarded will be frozen.
The outlet noted that advocates expected Trump's attacks on the program won't survive legal challenges.
"This should be carefully scrutinized by states and the legal community," said Justin Balik, the senior state program director for Evergreen Action, "as it looks like an attempt to sabotage the program based on ideology that's dressed up in bureaucratic language about plan and guidance revisions."
Andrew Rogers, a former deputy administrator and chief counsel of the Federal Highway Administration, told Wired that "there is no legal basis for funds that have been apportioned to states to build projects being 'decertified' based on policy."
Paren chief analyst Loren McDonald also doesn't think that the Trump administration can legally suspend the program.
"I'm assuming the lawsuits from states will start soon, and this will go to court and Congress," McDonald toldPolitico. "But the Trump [administration] will succeed in just causing havoc and slowing things down for a while."
Already, Alabama, Oklahoma, Missouri, Rhode Island, Ohio, and Nebraska have put their NEVI programs on hold.
Whether Congress—particuarly Democrats, who are the minority party in both chambers—will fight back is unclear. Hill Heat's Brad Johnson pointed out on the social media platform Bluesky that two dozen members of the Senate Democratic Caucus voted with Republicans to confirm Trump's DOT chief, Sean Duffy.
After 24 Senate Democrats joined all GOP to confirm climate denier Sean Duffy as Transportation Secretary, he illegally called for the shut down of the National Electric Vehicle Charging Program, established by the Bipartisan Infrastructure Law.
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— Brad Johnson ( @climatebrad.hillheat.com) February 6, 2025 at 11:36 PM
As Common Dreamsreported last month, right after Duffy was confirmed, the secretary directed DOT staff to immediately begin the process of rescinding or replacing former President Joe Biden's clean car pollution standards.
"These commonsense, popular fuel economy standards save drivers money at the pump and reduce dangerous pollution from vehicles," Sierra Club's García said at the time. "Sean Duffy is selling American families out to Big Oil, burdening us with higher fuel prices and more polluting gas-guzzlers that harm our health."
"Frankly, there is zero harm to the government," in a pause, said the Trump-appointed federal judge, who pressed administration lawyers to prove their claims of USAID fraud and corruption.
A federal judge said Friday that he would issue a "very limited" pause on the Trump administration's midnight deadline for the U.S. Agency for International Development to place thousands of agency staff on leave.
Judge Carl Nichols of the U.S. District Court for the District of Columbia—an appointee of President Donald Trump—said he would approve a limited temporary restraining order preventing 2,200 USAID employees from being put on administrative leave at midnight. Nichols also said he would decide whether the 500 workers who have already been placed on leave will be reinstated.
"They should not put those 2,200 people on administrative leave tonight," Nichols said, according toThe Hill.
BREAKING: Federal judge temporarily blocks Trump administration from placing 2,000+ USAID workers on leave as litigation continues.
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— Democracy Docket ( @democracydocket.com) February 7, 2025 at 1:58 PM
Nichols' move came in response to claims by two unions—the American Foreign Service Association (AFSA) and American Federation of Government Employees—that their members would suffer "irreparable harm" as a result of Trump's order. The unions said that the effort led by the Trump administration and unelected Department of Government Efficiency (DOGE) head Elon Musk constitutes an "ongoing, illegal scheme to gut" USAID.
"This is not something the president can unilaterally do," Karla Gilbride, an attorney representing the unions, told Nichols during a Friday hearing.
Nichols said that "frankly, there is zero harm to the government" from a temporary pause. The judge pressed Trump administration attorneys to show proof of their claims of widespread fraud and corruption within USAID, which provides foreign aid and development assistance but also has a dubious history of funding subversion, drug trafficking, forced sterilization, Central American death squads, and torture during its 64-year existence.
Musk—whose DOGE has locked USAID employees out of internal systems and recalled thousands of personnel to the U.S. in recent days—has promoted conspiracy theories about the agency. Earlier this week, he posted on his X social media platform that it's "time for it to die."
Trump posted Friday on his Truth Social online platform: "USAID IS DRIVING THE RADICAL LEFT CRAZY, AND THERE IS NOTHING THEY CAN DO ABOUT IT BECAUSE THE WAY IN WHICH THE MONEY HAS BEEN SPENT, SO MUCH OF IT FRAUDULENTLY, IS TOTALLY UNEXPLAINABLE. THE CORRUPTION IS AT LEVELS RARELY SEEN BEFORE. CLOSE IT DOWN!"
Responding to Nichols' reprieve, AFSA president Tom Yazdgerdi said in a statement that "this ruling is a crucial first step in halting a reckless assault on USAID and in supporting the dedicated professionals who serve our country."
"We will continue to fight to protect the professionals who advance America's values and leadership abroad," Yazdgerdi added.
Lauren Bateman, an attorney with Public Citizen Litigation Group, said that "tonight's ruling proves temporary relief for the over 2,000 workers set to be put on leave by the Trump administration. It is a step forward in our fight against the unconstitutional and illegal attempt to break the back of USAID."
"Trump and Musk's attempt to disrupt aid around the world is unfathomably cruel, and the ruling tonight pumps the brakes on the destruction of a vital tool of humanitarian relief and American diplomacy," Bateman added. "The Trump administration must abide by the ruling, or it risks catapulting the entire U.S. government into chaos."
"It sounds like the plot of a bad Bond movie but it's real and the American people are the real victims."
Consumer advocates on Friday called on allies to defend the Consumer Financial Protection Bureau from the Elon Musk-led Department of Government Efficiency after reports indicated DOGE personnel had entered the agency's office and possibly obtained access to its online databases.
Members of the CFPB Union NTEU 335, part of the National Treasury Employees Union, published a press release, later deleted from their website, noting that the names of three staffers of DOGE appeared in the consumer protection agency's internal staff directory Thursday evening—signaling that the CFPB is the latest target of Musk's illegal plunder of numerous federal offices.
Numerous outlets—includingWired and Punchbowl News—confirmed that the DOGE personnel had been granted access to CFPB offices and databases. Politico, citing people familiar with the developments, also reported the three individuals had been added as "senior advisers" to the agency.
The CFPB Union, in the now-deleted statement, identified the DOGE staffers as former Big Pharma lobbyist Chris Young; former Tesla and X employee Nikhil Rajpal; and Gavin Kliger, an "Elon fanboy" who graduated from University of California, Berkeley in 2020.
"When he's not stealing Americans' private information with DOGE, Kliger enjoys writing lengthy essays defending rapists and retweeting white supremacists," said the union's statement, citing the staffer's Substack where he has written positively about Defense Secretary Pete Hegseth and former Rep. Matt Gaetz (R-Fla.), both accused of sexual abuse. "Kliger's lawyer daddy works at Experian, which is the same company CFPB sued in January for covering up errors on credit reports with sham investigations."
"CFPB Union members welcome our newest colleagues and look forward to the smell of Axe Body Spray in our elevators."
The union further mocked Kliger's "alleged" coding career and said that in contrast to the "zero to three git commits" he made in the last year, "workers at the CFPB returned $1.3 billion to scammed Americans in that time."
"CFPB Union members welcome our newest colleagues and look forward to the smell of Axe Body Spray in our elevators," said the workers.
"While acting Director [Scott] Bessent allows Musk's operatives to bypass cybersecurity policies and wreak havoc with their amateur code skills inside CFPB's once-secure systems, CFPB Union members fight to protect our jobs so we can continue protecting Americans from scammers with conflicts of interest like Musk," they said.
According to Wired's reporting:
In an email early Friday morning, CFPB staff were told that several people from DOGE—including [Rajpal, Kliger, and Young]—entered the agency building Thursday evening. The email stated that they would require access to CFPB data, systems, and equipment, following a message sent Thursday by CFPB chief operating officer Adam Martinez confirming that the DOGE employees were to receive "read-only access."
"DOGE arrived tonight and will be back tomorrow. They are going to need read-only access to our HR (HR Connect/NFC), procurement (PRISM), and finance (Discoverer) system," said Martinez. "I let them know that we utilize BFS/ARC so if they already have access, then they should be able to pull our data. Otherwise, if they do not have access to BFS/ARC, then we will need to work with them to fill out the necessary forms to gain access." BFS/ARC is the Bureau of the Fiscal Service's Administrative Resource Center, which provides administrative services, like timekeeping travel days or benefits, for a number of government agencies.
Former Labor Secretary Robert Reich noted that DOGE's targeting of the CFPB comes days after Trump dismissed former Director Rohit Chopra.
"American's financial privacy and safety [is] at risk as DOGE arrives at CFPB," said the Center for Digital Democracy, in response to various reporting. "The CFPB has saved American taxpapers and consumers billions... Undermining American financial security must be stopped."
In recent days, DOGE employees have arrived at the Departments of Labor, Education, and the Treasury, among other federal agencies, seizing access to data about millions of Americans, setting up illegal servers, and placing employees on administrative leave.
The White House and Musk have claimed the effort is aimed at reducing "waste" and improving "efficiency" within government, but comments from U.S. House Speaker Mike Johnson (R-La.) this week signaled the administration is searching for ways to slash spending for numerous public services in the interest of extending the 2017 tax cuts for the wealthiest earners.
The union suggested Musk wants to take over the CFPB, which he called to "delete" late last year, to clear the way for a partnership between his social media platform, X, and Visa. The credit card company wants to offer payments on the platform, and "notably, the CFPB recently obtained the authority to supervise major payment apps," said the NTEU.
Earlier this week, DOGE staffers arrived at the Department of Labor, which has filed multiple complaints against Musk's companies.
"The world's richest man just dispatched his minions to root around the systems of a government watchdog responsible for policing payment schemes like the one just announced for his own company," Emily Peterson-Cassin, corporate power director of the Demand Progress Education Fund, said in response to the union's account. "It sounds like the plot of a bad Bond movie but it's real and the American people are the real victims."
"Musk’s dreams of an 'everything app' that reaches into people's bank accounts paired with his sweeping, unchecked access to the levers of government opens up the potential for breathtaking corruption," said Peterson-Cassin. "His intrusion into CFPB systems also sends a clear message that he has no interest whatsoever in policing his own conflicts of interest. Musk must be stopped from dismantling the very mechanisms of the federal government that can prevent him from looting the American people."