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"They are intentionally breaking government—even the parts that help us when we are deep in crisis," said Sen. Chris Murphy.
Outrage continues to grow against U.S. Secretary of Homeland Security Kristi Noem over her response to the deadly floods that ravaged Texas last week.
According to a Friday report from The New York Times, more than two-thirds of phone calls to the Federal Emergency Management Agency (FEMA) from flood victims went unanswered after Noem allowed hundreds of contractors to be laid off on July 5, just a day after the nightmare storm.
According to The Times, this dramatically hampered the ability of the agency to respond to calls from survivors in the following days:
On July 5, as floodwaters were starting to recede, FEMA received 3,027 calls from disaster survivors and answered 3,018, or roughly 99.7 percent, the documents show. Contractors with four call center companies answered the vast majority of the calls.
That evening, however, Noem did not renew the contracts with the four companies, and hundreds of contractors were fired, according to the documents and the person briefed on the matter.
The next day, July 6, FEMA received 2,363 calls and answered 846, or roughly 35.8 percent, according to the documents. And on Monday, July 7, the agency fielded 16,419 calls and answered 2,613, or around 15.9 percent, the documents show.
Calling is one of the primary ways that flood victims apply for aid from the disaster relief agency. But Noem would wait until July 10—five days later—to renew the contracts of the people who took those phone calls.
"Responding to less than half of the inquiries is pretty horrific," Jeffrey Schlegelmilch, director of the National Center for Disaster Preparedness at Columbia University, told The Times.
"Put yourself in the shoes of a survivor: You've lost everything, you're trying to find out what's insured and what's not, and you’re navigating multiple aid programs," he added. "One of the most important services in disaster recovery is being able to call someone and walk through these processes and paperwork."
The lapse is a direct result of a policy introduced by Noem last month, which required any payments made by FEMA above $100,000 to be directly approved by her before taking effect. Noem, who has said she wants to eliminate FEMA entirely, described it as a way of limiting "waste, fraud, and abuse."
Under this policy, Noem allowed other critical parts of the flood response to wait for days as well. Earlier this week, multiple officials within FEMA told CNN that she waited more than 72 hours to authorize the deployment of search and rescue teams and aerial imaging.
Following The Times' piece, DHS put out a statement claiming that "NO ONE was left without assistance, and every call was responded to urgently."
"When a natural disaster strikes, phone calls surge, and wait times can subsequently increase," DHS said. "Despite this expected influx, FEMA's disaster call center responded to every caller swiftly and efficiently, ensuring no one was left without assistance. No call center operators were laid off or fired."
This is undercut, however, by internal emails also obtained by The Times, which showed FEMA officials becoming frustrated and blaming the DHS Secretary for the lack of contracts. One official wrote in a July 8 email to colleagues: "We still do not have a decision, waiver, or signature from the DHS Secretary."
Democratic lawmakers were already calling for investigations into Noem's response to the floods before Friday. They also sought to look into how the Trump administration's mass firings of FEMA employees, as well as employees of the National Weather Service (NWS) and the National Oceanic and Atmospheric Administration (NOAA) may have hampered the response.
Following The Times' revelations, outrage has reached a greater fever pitch.
Sen. Richard Blumenthal (D-Conn.) called it "unforgivable and unforgettable" and an "inexcusable lapse in top leadership."
"Sec. Noem shows that dismantling FEMA impacts real people in real time," he said. "It hurts countless survivors & increases recovery costs."
In response to the news, Sen. Elizabeth Warren (D-Mass.) simply wrote that "Kristi Noem must resign now."
Others pointed out that Noem has often sought to justify abolishing FEMA by characterizing it as slow and ineffectual. They suggested her dithering response was deliberate.
"She broke it on purpose," said Rep. Jared Moskowitz (D-Fla.) in an interview on MSNBC. "So that when it fails this summer, she can say, 'Oh, see, we told you—FEMA doesn't work.'"
"It's not really incompetence because they know what they are doing," said Sen. Chris Murphy (D-Conn.). "They are intentionally breaking government—even the parts that help us when we are deep in crisis."
This is a critical moment in U.S. history, and it demands that we stand strong in our opposition to the administration’s reckless and unlawful use of military force.
For years, we have warned against the danger of an unchecked president turning the military against American civilians.
In an extraordinary show of force, President Trump has federalized 4,000 members of the California National Guard and deployed 300 of them, in addition to deploying 700 Marines, to quell protests in the Los Angeles area. All over the objections of Gov. Gavin Newsom.
Why this abrupt, camera-ready escalation? White House Deputy Chief of Staff Stephen Miller posted a video of a peaceful protest parade. “If we don’t fix this, we don’t have a country,” he shuddered. “Pass the BBB” — the budget bill now facing turbulence in Congress.
Trump’s administration is spoiling for a fight. It pops out emergency declarations like a Pez dispenser. It is also relying on flimsy legal justifications, as my colleagues have pointed out.
Presidents have deployed troops to control civil unrest only 30 times before in U.S. history. The Posse Comitatus Act generally prohibits federal troops from engaging in civilian law enforcement. Soldiers are trained to defeat an enemy, not to de-escalate protests.
The situation in Los Angeles is bad. What might come next could be worse.
The last time that a president sent in the Guard without a clear request from a state’s governor was 1965, when troops were used to protect the voting rights march from Selma to Montgomery. (And even in that case, George Wallace waffled.)
To be clear, violent protests are not acceptable or productive. The federal government should be unobstructed in carrying out its lawful duties. Of course, the specter of masked ICE agents lurking in the lobbies of immigration courts, as has happened here in New York City, is itself willfully provocative.
In fact, in Los Angeles, protests have been overwhelmingly peaceful. The LAPD — hardly a department of pushovers — has been adamant that it has the situation under control. Not surprisingly, the troops have only fanned the protests. Newsom formally requested that the administration rescind the deployment, saying that it is “inflaming tensions while pulling resources from where they’re actually needed.”
The situation in Los Angeles is bad. What might come next could be worse.
Trump’s executive order authorizes deployment of the Guard “at locations where protests against [ICE] functions are occurring or are likely to occur.” Where might that be? “We’re gonna have troops everywhere,” Trump declared.
As my colleague Elizabeth Goitein notes, “No president has ever federalized the National Guard for purposes of responding to potential future civil unrest anywhere in the country. Preemptive deployment is literally the opposite of deployment as a last resort. It would be a shocking abuse of power and the law.”
The most powerful repressive tool would be the Insurrection Act — a law that lets presidents deploy troops to suppress a rebellion or insurrection or curb domestic violence in extreme scenarios. Trump threatened to invoke it against Democratic-run cities during his 2024 campaign.
The Insurrection Act is, unfortunately, a mess of a law. Key words such as “rebellion” and “insurrection” are left undefined. Courts have given presidents a wide berth. Trump winked at this law by calling the protesters “insurrectionists.”
He has so far chosen to rely on a different law — one that has never been used to quell civil unrest without an accompanying Insurrection Act invocation. The administration claims that it is invoking this law only to protect federal personnel and property. But Homeland Security Secretary Kristi Noem has requested that soldiers be authorized to detain and search protesters, functions normally prohibited by the Posse Comitatus Act.
It’s clear that Trump wants to use this showdown to expand enforcement powers.
The week before he stages a strongman-style military parade along the National Mall — complete with tanks, missiles, and military aircraft — Trump has claimed the right to preemptively authorize deployment of the military all across America.
That should be chilling to most Americans, who have enjoyed a firm line between police and the military as an essential component of our democracy. The deployment of the military against civilians should only be used in the most extreme cases as a last resort. Otherwise, as Elizabeth Goitein notes, “an army turned inward can quickly become an instrument of tyranny.”
Experts have already identified worst-case scenarios. George W. Bush administration official David Frum has sounded the alarm on the possibility of Trump using the military to influence the 2026 election.
If you want to learn more about all of this, here are reports we’ve published in the last few years on emergency powers, the Insurrection Act, the Posse Comitatus Act, the Alien Enemies Act, and martial law.
Once again, in the face of a lawless executive, the courts must now step up. The Supreme Court may want to avoid a conflict, but here, it may have no choice. It is imperative that it uphold checks against the use of military force against civilians.
And now that we know that the existing laws can be used, however tendentiously, to justify provocative military action, we must fix those laws so they cannot be abused again.
The Brennan Center has proposed reforms to the Insurrection Act, including defining the law’s critical terms and enforcing more checks on its use. We have also proposed reforms to strengthen the Posse Comitatus Act. Americans must be adamant, too, that even under existing statutes, presidents lack the power to declare martial law.
This is a critical moment in U.S. history, and it demands that we stand strong in our opposition to the administration’s reckless and unlawful use of military force, in Los Angeles and across the country.
"Too many international students to count have inquired about the possibility of transferring to another institution," said the school's director of immigration services in a recent court filing.
A federal judge on Thursday extended an order blocking the Trump administration's move to end Harvard University's ability to enroll international students, a small victory for the elite school.
The U.S. Department of Homeland Security (DHS) announced last week that Homeland Security Secretary Kristi Noem ordered the agency to yank Harvard's Student Exchange and Visitor Program (SEVP) certification. "Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status," said DHS in a statement.
The following day, Harvard sued over the move. That same day, U.S. District Judge Allison Burroughs handed down a temporary restraining order freezing the ban while the litigation proceeds. And on Thursday, Burroughs ordered that the temporary restraining order remain in place until a preliminary injunction is issued, according to the court docket.
Earlier Thursday, the Trump administration submitted a letter to the court that it had sent to Harvard the day before, letting the school know that it has 30 days to respond with "any sworn statements, documents, or other evidence on which the school relies to rebut the alleged grounds for withdrawal" of the university's SEVP certification. Failure to respond to the notice within that time period will result in a withdrawal of the certification, according to the letter.
Politico reported that despite this revelation that the Trump administration is no longer immediately imposing the cancellation, Burroughs said during the hearing that an order barring the Trump administration from taking action against Harvard is still needed.
In its lawsuit, Harvard wrote that its more than 7,000 F-1 and J-1 visa holders and their dependents have "become pawns in the government's escalating campaign of retaliation."
During the the 2023-2024 school year, international students accounted for 5.9% of the total U.S. higher education population, or over 1.1 million students.
In a Wednesday court filing, Maureen Martin, director of immigration services at the school, said that because of the Trump administration's revocation notice currently enrolled international students are "reconsidering their futures at Harvard."
"Too many international students to count have inquired about the possibility of transferring to another institution," Martin told the court.
Harvard also held its commencement on Thursday.
As the struggle against Denmark over the island heats up, who better qualified to conduct a national anti-Great Dane campaign than Noem?
Unless you’ve lived in South Dakota—which Kristi Noem represented in Congress and later served as governor—there’s a good chance that if you recognize her name, it’s due to the video clip from inside a prison in El Salvador that featured the new secretary of Homeland Security in front of a cell full of shirtless, tattooed, shaven headed Venezuelan deportees that she denounces—while sporting a $50,000 Rolex watch. An immediate effect of which was to raise anew the question of why President Donald Trump had appointed her to a position for which she appeared to have little to no relevant experience.
Some attributed it to her exhibiting a superior level of sycophancy during last year’s vice-presidential speculation season. No, thought others, in such times fawners sprout like toadstools after a summer rain; surely there must be something special about this one. And now, a theory—involving America’s upcoming war with Denmark and Noem’s previous career PR highpoint—the story of how she had once shot her 14-month-old dog, out of frustration at her inability to train her.
For those who savor the surprises of the Trump years, the recently articulated hostility to Denmark has to rank as top tier. We can imagine that he himself was actually as amazed as the next American to learn that humongous Greenland is actually an autonomous territory of otherwise tiny Denmark. And, real estate being the president’s primary business interest, he has decided that the U.S. has greater need for the world’s largest island than Denmark does. Heads that take Trump seriously—as well as those that don’t—were set spinning alike by this newly enunciated national security priority. But as the now ubiquitous, but previously unfamiliar, north pole-centered maps clearly show—across the ever-shrinking Arctic ice pack from the U.S. lies… Russia!
Imagine, if you will, her standing there—in front of a pound filled with chained, baying, deported Great Danes—shotgun in hand, and Rolex on wrist.
The thing is, though, Trump doesn’t actually seem all that concerned about Russia as a security threat. During his February 28 Oval Office encounter with Ukrainian President Volodymyr Zelenskyy, he went so far as to tell him that “Putin went through a hell of a lot with me.” He’s even claimed that it was Ukraine that started the war with Russia. And the fact is that the secret potential war plans on which the Pentagon intended to brief Elon Musk—before public outcry put the kibosh on the idea—concerned China, not Russia. Which should make it pretty clear which nation is actually being ginned up as the “national security threat.”
Now, the fact is that Trump has never particularly been known for an expansive interest in or knowledge of geography that doesn’t hold some kind of business angle for him. Could it be, then, that he thinks Greenland would actually provide some kind of buffer against China? This all, of course, is speculative, but what we do know is that so far as the prospect of the U.S. taking possession of Greenland, Trump says he “thinks there’s a good possibility that we could do it without military force”—which should be quite reassuring to us all, although he cautioned that “I don’t take anything off the table.”
Hey, that’s what the man said, so let’s imagine what happens when the absurd gets serious. Some may recall that when France proved a tough sell on the endless War on Terror, announcing its intent to veto any United Nations resolution calling for invasion of Iraq, the U.S. House of Representatives responded by altering the menus of three congressional cafeterias—renaming French fries as “freedom fries.” (None will recall, however, when the U.S. entry into the First World War against Germany turned frankfurters into hot dogs.) So, if Denmark continues to balk at the presidential whim, we can no doubt look forward to ordering Cheese Americans to go with our coffee in the future.
But the ire directed at the willful little Scandinavian nation will not likely stop at the pastry shop. Which is what brings us back to the question of what Kristi Noem’s doing here. Well, the story she told about her dead dog was that she was “untrainable,” “dangerous to anyone she came in contact with,” “less than worthless … as a hunting dog.” “I hated that dog,” Noem said. The final straw came when she dropped in on some neighbors, let the dog escape her control, and it proceeded to kill the neighbors’ chickens. After paying for the chickens, she took the dog to a gravel pit and shot it. But that’s not all. She then realized that “another unpleasant job needed to be done,” and went back and got a goat her family had who was “nasty and mean,” prone to chasing and knocking down her kids. Oh, and he smelled bad—“disgusting, musky, rancid.” So she shot the goat too. Didn’t get the job done on her first shot though. Had to go back to the truck for a another shell to finish him off.
None of this story, you must understand, required any sort of hard-nosed investigative journalism to uncover. It comes from a book that Noem herself wrote: No Going Back: The Truth on What’s Wrong with Politics and How We Move America Forward, an autobiography—her second—written when she was preening for the vice-presidential nod. She recounted the bizarre anecdote, she says, as an example of her willingness to do “difficult, messy, and ugly” things when they just had to be done. As we know, she didn’t ultimately land the nomination. Some suspect it was because it took her two shots to get the goat. Who knows, but Trump did ultimately decide he wanted her around.
Should the president’s Greenland-Denmark obsession continue to meander on, the campaign against Danish aggression surely won’t stop at the breakfast counter. And it’s when we start to envision additional targets that the potential Kristi Noem role in all this starts to take shape. The most obvious display of this alien roadblock to American national security? It’s the dogs, of course—Great Danes being pretty much the Greenland of dog breeds. The threat that canines of that size—in the service of an enemy power—would pose to America’s most vulnerable citizens—our children—is too obvious to require discussion.
Who—then—better qualified to conduct a national anti-Great Dane campaign than Noem? Imagine, if you will, her standing there—in front of a pound filled with chained, baying, deported Great Danes—shotgun in hand, and Rolex on wrist. Could there be a more powerful image of the nation’s determination in a life and death struggle with Denmark—and if need be against Europe itself? And should any Great Dane think to resist arrest, well, we know that Noem is one government bureaucrat whose bark is not worse than her bite.
Far fetched, you say? Scoff you may, but remember what else you used to consider far fetched until not so long ago. I know that if I had a Great Dane, I’d be thinking about lifestyle alternatives for the dog—perhaps even getting a saddle and trying to pass it off as an Icelandic pony. And I’d get real nervous if I heard that Noem was in town.
As of late, she’s been called ICE Barbie for her appearance at deportation raids. The future? Kristi Noem: Bane of Great Danes? As we are well aware, crazier things have already happened.
"Good lawyers, regardless of ideology or party, will remain undeterred in the honorable pursuit of our profession," wrote the national legal director of the American Civil Liberties Union.
Legal advocacy groups have issued a sharp rebuke to a directive from U.S. President Donald Trump that was unveiled on Friday and which aims to hold "accountable" law firms and lawyers that, according to him, "engage in frivolous, unreasonable, and vexatious litigation against the United States."
"Accountability is especially important when misconduct by lawyers and law firms threatens our national security, homeland security, public safety, or election integrity," Trump wrote in a memorandum to U.S. Attorney General Pam Bondi and U.S. Homeland Security Secretary Kristi Noem, which was issued late Friday. Trump directed Bondi to "seek sanctions against attorneys and law firms" who engage in objectionable litigation, and scrutinize litigation against the government stretching back over the past eight years.
The new directive is a widening of Trump's campaign against lawyers and law firms he does not like. Reuters reported Saturday that the Trump administration has been hit with over 100 legal challenges, taking aim at various White House actions.
Multiple legal groups denounced the move, saying they would not be intimidated.
Nancy Northup, president and CEO of the Center for Reproductive Rights, wrote on Sunday that for over 30 years her organization "has stood strong against attacks on reproductive freedom. We have litigated scores of cases in federal courts, including against the U.S. government, regardless of the political party in power."
"We will not back down in the face of the president's intimidation campaign—not while his administration refuses to defend women who are denied emergency abortion care; not while it condones violence at abortion clinics; and not while doctors are under threat of criminal prosecution for providing essential care. Not now and not ever," she continued.
Cecillia Wang, national legal director of the American Civil Liberties Union (ACLU), echoed this sentiment in a statement released on Saturday.
"This action by the president of the United States is a chilling and unprecedented attack on the foundations of liberty and democracy. Good lawyers, regardless of ideology or party, will remain undeterred in the honorable pursuit of our profession. We will continue to stand up for the people and the rule of law," Wang wrote.
Trump specifically called out lawyers working in the immigration space. "The immigration system... is likewise replete with examples of unscrupulous behavior by attorneys and law firms. For instance, the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when asserting their asylum claims," he wrote.
Kelli Stump, the president of the American Immigration Lawyers Association (AILA), and the group's executive director Ben Johnson, pushed back on Trump's claims.
"The broad assertion that immigration attorneys are acting improperly in their efforts to represent individuals against an increasingly complex and restrictive immigration system is both unfounded and dangerous," they wrote in a statement on Saturday.
The memo also name drops Marc Elias, a prominent attorney who has worked for multiple major Democratic political campaigns.
Skye Perrymen, the CEO and president of the legal group Democracy Forward—where Elias serves as board chair—said in a statement on Saturday that "the ongoing threats to the legal profession and the rule of law by the president are intended to intimidate and inspire fear, but instead they should inspire action."
"The president's increasing targeting of lawyers, the legal profession, and judges is in response to a number of instances where communities across the nation have had to go to federal court to protect their rights from this administration's overreach and where judges nominated by both Republican and Democratic presidents and confirmed by the U.S. Senate have found that the Trump-Vance administration's actions warrant scrutiny and, in many cases, are unlawful," added Perrymen.
Democracy Forward, the ACLU, and AILA have all brought cases challenging Trump administration actions.
The order comes at the end of a rocky week for the field of law. On Thursday, one of the country's top law firms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, brokered a deal with the White House in order to spare the firm from an executive order that suspended security clearances for lawyers and staff.
As part of the deal, according to a post from Trump on social media, the firm "will dedicate the equivalent of $40 million in pro bono legal services over the course of President Trump's term to support the administration's initiatives, including: assisting our nation's veterans, fairness in the justice system, the president's Task Force to Combat Antisemitism, and other mutually agreed projects."
Khalil's wife said that "officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
The family of Mahmoud Khalil, a legal permanent resident of the United States now at risk of deportation because he helped lead pro-Palestinian protests at Columbia University last spring, on Friday released a video of his recent arrest by U.S. Department of Homeland Security agents in New York City, which has sparked legal battles and protests.
"You're watching the most terrifying moment of my life," Khalil's wife, Noor, said in a statement about the two-minute video. "This felt like a kidnapping because it was: Officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
"Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
"They threatened to take me too, even though we were calm and fully cooperating. For the next 38 hours after this video, neither I or our lawyers knew where Mahmoud was being held. Now, he's over 1,000 miles from home, still being wrongfully detained by U.S. immigration," said Noor, whose husband is detained at a facility in Jena, Louisiana.
Noor, who is eight months pregnant, noted that "Mahmoud has repeatedly warned of growing threats from Columbia University and the U.S. government unjustly targeting students who want to see an end to Israel's genocide in Gaza. Now, the Trump administration and DHS are targeting him, and other students too."
"Mahmoud is clearly the first of many to be illegally repressed for their speech in support of Palestinian rights," she added. "Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
Khalil, who finished his graduate studies at Columbia in December, is an Algerian citizen of Palestinian descent. He was living in the United States with a green card until his arrest on Saturday. In response to a filing by his legal team—which includes Amy Greer from Dratel & Lewis, the Center for Constitutional Rights (CCR), and the Creating Law Enforcement Accountability & Responsibility (CLEAR) project—a judge has temporarily blocked his deportation.
The ACLU and its New York arm have joined Khalil's legal team, and his attorneys filed an amended petition and complaint on Thursday. NYCLU executive director Donna Lieberman said that with the new "filing, we are making it crystal clear that no president can arrest, detain, or deport anyone for disagreeing with the government. The Trump administration has selectively targeted Mr. Khalil, a student, husband, and father-to-be who has not been accused of a single crime, to send a message of just how far they will go to crack down on dissent."
"But we at the NYCLU and ACLU won't stand for it—under the Constitution, the Trump administration has no basis to continue this cruel weaponization of Mr. Khalil's life," Lieberman added. "The court must release Mr. Khalil immediately and let him go home to his family in New York, where he belongs. Ideas are not illegal, and dissent is not grounds for deportation."
Samah Sisay of CCR reiterated those messages as the arrest video circulated on Friday, saying that "Mr. Khalil was taken by plainclothes DHS agents in front of his pregnant wife without any legal justification. Mr. Khalil must be freed because the government cannot use these coercive tactics to unlawfully suppress his First Amendment protected speech in support of Palestinian rights."
"ICE's attempt to have eyes and ears in as many places as we exist both online and offline should ring an alarm for all of us," said one campaigner.
U.S. Immigration and Customs Enforcement is seeking to hire a contractor as part of an effort to expand the monitoring of negative social media posts about the agency, its personnel, and operations, according to a report published Monday.
According to The Intercept's Sam Biddle, ICE is citing "an increase in threats" to agents and leadership as the reason for seeking a contractor to keep tabs on the public's social media activity.
The agency said the contractor "shall provide all necessary personnel, supervision, management, equipment, materials, and services, except for those provided by the government, in support of ICE's desire to protect ICE senior leaders, personnel, and facilities via internet-based threat mitigation and monitoring services."
"These efforts include conducting vulnerability assessments and proactive threat monitoring," ICE added, explaining that the contractor will be required to provide daily and monthly status reports and immediately alert supervisors of "imminent threats."
Careful what you post: ICE is seeking private contractors to conduct social media surveillance including detection of merely "negative" sentiment about the agency's leadership, agents, and general operations theintercept.com/2025/02/11/i...
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— Sam Biddle (@sambiddle.com) February 11, 2025 at 9:27 AM
ICE will require the monitor to identify and report "previous social media activity which would indicate any additional threats to ICE," as well as any information indicating that individuals or groups "making threats have a proclivity for violence" and anything "indicating a potential for carrying out a threat."
According to Biddle:
It's unclear how exactly any contractor might sniff out someone's "proclivity for violence." The ICE document states only that the contractor will use "social and behavioral sciences" and "psychological profiles" to accomplish its automated threat detection.
Once flagged, the system will further scour a target's internet history and attempt to reveal their real-world position and offline identity. In addition to compiling personal information—such as the Social Security numbers and addresses of those whose posts are flagged—the contractor will also provide ICE with a "photograph, partial legal name, partial date of birth, possible city, possible work affiliations, possible school or university affiliation, and any identified possible family members or associates."
The document also requests "facial recognition capabilities that could take a photograph of a subject and search the internet to find all relevant information associated with the subject." The contract contains specific directions for targets found in other countries, implying the program would scan the domestic speech of American citizens.
"Careful what you post," Biddle warned in a social media post promoting his article.
ICE is already monitoring social media posts via contractor Giant Oak, which was hired during the first Trump administration and former Democratic President Joe Biden's term. However, "the goal of this [new] contract, ostensibly, is focused more narrowly on threats to ICE leadership, agents, facilities, and operations," according to Biddle.
Cinthya Rodriguez, an organizer with the immigrant rights group Mijente, told Biddle that "the current administration's attempt to use this technology falls within the agency's larger history of mass surveillance, which includes gathering information from personal social media accounts and retaliating against immigrant activists."
"ICE's attempt to have eyes and ears in as many places as we exist both online and offline should ring an alarm for all of us," Rodriguez added.
The search for expanded ICE social media surveillance comes as President Donald Trump's administration is carrying out what the Republican leader has promised will be the biggest mass deportation campaign in U.S. history. The U.S. Department of Homeland Security has been deporting migrants on military flights, with some deportees imprisoned at Guantánamo Bay, the notorious offshore U.S. military prison in Cuba.
"The administration's claim that there is a migrant 'invasion' is unfounded, and its mislabeling immigrants as 'terrorists' is diversionary—and neither makes offshore detention lawful," said one rights advocate.
"America can and must be better than this," said U.S. Rep. Pramila Jayapal Tuesday as the Trump administration announced it had begun operating deportation flights bound for Cuba, where President Donald Trump has said he wants to detain undocumented immigrants at the notorious Guantánamo Bay naval base and prison.
White House Press Secretary Karoline Leavitt told reporters that the first flights authorized last week by Trump were underway, with the Department of Defense having deployed Marines to the U.S. base in Cuba on Sunday to begin expanding detention facilities.
Trump has called for the prison to be expanded to hold 30,000 people.
The flights announced Tuesday are the latest step in Trump's militarized anti-immigration operations, with 1,500 soldiers and Marines deployed to the southern U.S. border and Immigration and Customs Enforcement (ICE) conducting major immigration raids across the country.
According to reports, roughly half of the people arrested in cities such as New York and Chicago have had no criminal records and were guilty only of overstaying a visa or crossing the U.S.-Mexico border without going through a port of entry—civil violations of U.S. immigration laws rather than criminal offenses.
Last week, Leavitt said all undocumented immigrants, not just those who have committed violent crimes—whose arrests Trump had previously said would be prioritized—were criminals who had "invaded our nation's borders."
At Slate on Sunday, Pedro Gerson noted that Trump's "entire political rise is tethered to the idea that immigrants are invading the country and that only he can fix it."
"Trump intends to build in Guantánamo purposely to reify the same message that propelled him to power: Immigrants are criminals and they are here to hurt you," wrote Gerson. "But now Trump is going further: Some of these immigrants are not only criminals, they are equivalent to terrorists. Frighteningly, this move may also be Trump signaling an intent to strip undocumented immigrants of even more rights and treat them under similarly abusive conditions as recent Guantánamo Bay detainees have experienced."
Secretary of Homeland Security Kristi Noem was vague in an interview with NBC News' "Meet the Press" on Sunday about who exactly would be sent to Guantánamo Bay, commonly known as Gitmo, via military planes.
When host Kristen Welker asked whether "women, children, and families" would be imprisoned there, Noem reverted back to the administration's previous claim that it is "targeting the worst of the worst" and detaining people who "are making our streets more dangerous."
"After that, we have final removal orders on many individuals in this country. They are the next priority," said Noem. "We're going to use the facilities that we have."
"Setting up an American gulag in the Caribbean in response to forced displacement in the Americas is a shameful low in U.S. history."
The mass detention facility was built by the Clinton administration to hold 12,500 inmates, and became infamous during President George W. Bush's administration for its detention of suspects in the so-called "War on Terror." Detainees have been held without charges in violation of the U.S. Constitution and have been subjected to torture. Fifteen detainees remain at the prison following the Biden administration's transfer of 11 people to Oman last month.
Trump's planned expansion of Gitmo's prison would result in "a detention facility of unprecedented size in the American context," wrote Gerson at Slate. "The Tule Lake Japanese internment camp, for example, had a capacity of around 18,000. If the Trump administration actually builds the detention camp in Guantanamo, it'll double in size Auschwitz-Birkenau's original design and be bigger than Dachau and Treblinka combined."
As Yael Schacher, director for the Americans and Europe at Refugees International, said in a statement, the U.S. prison was also used to "inhumanely [detain] Cuban and Haitian asylum-seekers in the 1990s."
"The Trump administration's use of military planes to send immigrants to detention at Guantánamo Bay epitomizes the administration's gratuitously cruel, illegal, expensive, and burdensome approach to immigration policy," said Schacher. "Guantánamo's Migrant Operations Center, which the Trump administration is sending Marines to expand, is truly a black box that no nongovernmental organization has been allowed to visit."
"The administration's claim that there is a migrant 'invasion' is unfounded, and its mislabeling immigrants as 'terrorists' is diversionary—and neither makes offshore detention lawful," Schacher added. "Members of Congress should investigate the move as a misuse of military assets. Setting up an American gulag in the Caribbean in response to forced displacement in the Americas is a shameful low in U.S. history."
Amy Fischer, director of refugee and migrant rights at Amnesty International USA, warned that mass deportation to Gitmo will "cut people off from lawyers, family, and support systems, throwing them into a black hole so the U.S. government can continue to violate their human rights out of sight."
"Sending immigrants to Guantánamo is a profoundly cruel, costly move," she said. "Shut Gitmo down now and forever!"
In case you weren't already convinced that CISA is a surveillance bill masquerading as a cybersecurity bill, today, the Senate rejected four separate amendments to the bill that attempted to protect Americans' privacy better. Senator Wyden had an amendment to require the removal of personal information before information could be shared, which was voted down 55 to 41. Senator Heller had an amendment that was a backstop against the Wyden amendment, saying that if the Wyden amendment didn't pass, Homeland Security would be responsible for removing such personal information. That amendment also failed with 49 to 47 votes. Senator Leahy had an amendment that would have removed FOIA exemptions in the bill (making it much less transparent how CISA was used). That amendment was voted down 59 to 37. Senator Franken then had an amendment that would have "tightened" the definition of cybersecurity threats so that the shared information needed to be "reasonably likely" to cause damage, as opposed to the current "may" cause damage. And (you guessed it because you're good at this), it was also voted down by a 60 to 35 vote.
Meanwhile, Marcy Wheeler notes that the revised version of the bill by Senators Burr and Feinstein, which claimed to incorporate greater transparency requirements proposed by Senator Tester, actually takes away a lot of transparency and actually makes it more difficult for Congress to learn whether or not CISA is being used for domestic surveillance:
That Burr and DiFi watered down Tester's measures so much makes two things clear. First, they don't want to count some of the things that will be most important to count to see whether corporations and agencies are abusing this bill. They don't want to count measures that will reveal if this bill does harm.
Most importantly, though, they want to keep this information from Congress. This information would almost certainly not show up to us in unclassified form, it would just be shared with some members of Congress (and on the House side, just be shared with the Intelligence Committee unless someone asks nicely for it).
But Richard Burr and Dianne Feinstein want to ensure that Congress doesn't get that information. Which would suggest they know the information would reveal things Congress might not approve of.
Once again, these actions only make sense if CISA is being used to justify warrantless domestic surveillance. This raises the question of why Congress is willing to proceed with such a surveillance bill. We just went through a process showing that the public is uncomfortable with secret laws and interpretations that lead to surveillance. Why would they immediately push for a new secret law that expands surveillance and rejects any attempts to protect the privacy of the American public or any sort of transparency and accountability in how the bill is used?
The bill is positioned as a cybersecurity bill, but you'd be hard-pressed to find a single computer security expert who thinks it is useful or necessary. I've been trying, and so far, I can't find any.
For reasons that remain unclear, the Internal Revenue Service (IRS) has been in possession of the controversial cell phone spying devices known as Stingrays, the Guardian exclusively reported on Monday.
Invoices obtained following a request under the Freedom of Information Act show purchases made in 2009 and 2012 by the federal tax agency with Harris Corporation, one of a number of companies that manufacture the devices.
The ACLU, which has called for stricter oversight of the technology, describes Stingrays--also known as "cell site simulators" or "IMSI catchers"--as "invasive cell phone surveillance devices that mimic cell phone towers and send out signals to trick cell phones in the area into transmitting their locations and identifying information. When used to track a suspect's cell phone, they also gather information about the phones of countless bystanders who happen to be nearby."
Stingrays require only a low-level court order called a PEN register to grant permission for their use.
"Immense secrecy has so far surrounded these devices, but a picture is slowly emerging which shows widespread use," write Guardian reporters Nicky Woolf and William Green. "Various revelations by the American Civil Liberties Union and news outlets, including the Guardian, had shown that at least 12 federal agencies are already known to have these devices, including the National Security Agency and the Federal Bureau of Investigation. The IRS makes 13."
The Guardian adds that the devices are also used by local and, in some cases, state police departments across at least 20 states. The ACLU provides a map here.
Just last week, Homeland Security Assistant Secretary Seth M. Stodder explained to a U.S. House subcommittee that the Secret Service, too, can employ Stingrays without a warrant if there's believed to be a nonspecific threat to the president or another protected person.
While no one from the agency responded to a request for comment, a former IRS employee suggested to the Guardian that such widespread adoption across law enforcement agencies may explain why the IRS would find itself utilizing such technology:
[Mark Matthews, a former deputy commissioner for services and enforcement at the agency who now works for the law firm Caplin and Drysdale] said the IRS on its own usually uses gentler investigation tactics. But increasingly, investigating agents from the agency are brought on board for joint operations with the FBI and other agencies when the latter need financial expertise to look at, for example, money laundering from drug organizations.
From these joint operations, he said, "the IRS had moved to drug work and had learned a lot of aggressive techniques in the money laundering and drug world, and these bad habits were leaking over into the tax world, which was supposed to be their real mission."
Nate Wessler, a staff attorney with the speech, privacy, and technology project at the ACLU, told the Guardian: "The info showing that they are using Stingrays is generally consistent with the kinds of investigative tactics that they are engaging in, and it shows the wide proliferation of this very invasive surveillance technology."
"It's used by dozens, perhaps hundreds, of local law enforcement, used by the usual suspects at the federal level," Wessler added, "and if the IRS is using it, it shows just how far these devices have spread."