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"It's terrifying, to be up against what we're up against with leadership this weak," said one critic.
Two weeks after declaring that the Trump administration's arrest of members of Democratic members of Congress would be a "red line," the top-ranking Democrat in the U.S. House this week was signaling no concrete plan to take action over the Justice Department charging a congresswoman and federal agents detaining a Capitol Hill aide.
House Minority Leader Hakeem Jeffries (D-N.Y.) insisted in a Sunday interview with CNN's Dana Bash that party leaders haven't let their "foot off the gas pedal" when asked about Department of Homeland Security (DHS) officers briefly detaining an aide to Rep. Jerry Nadler (D-N.Y.) last week—but he was short on details of how Democrats plan to hold President Donald Trump's administration accountable.
"In terms of how we will respond to what Trump and the administration has endeavored to do, we will make that decision in a time, place, and manner of our choosing. But the response will be continuous and it will meet the moment that is required," said Jeffries. "In terms of additional things that may take place with respect to our congressional oversight, authority, and capacity, we will respond in a time, place, and manner of our choosing if this continues to happen."
Rights advocate Aaron Regunberg said Jeffries appeared to be "a literal human embodiment of fecklessness" in the interview, which followed outcry in recent months about Democratic leaders' refusal to unequivocally defend detained Columbia University pro-Palestinian organizer Mahmoud Khalil and their insistence that the Democrats should be selective about which Trump policies they fight against.
"It's terrifying, to be up against what we're up against with leadership this weak," said Regunberg.
Jeffries' interview with CNN came days after officers with the Federal Protective Service, part of DHS, entered Nadler's office in Manhattan and handcuffed one of his aides, claiming the staff was "harboring rioters in the office."
Nadler's office is located in the same building as an immigration courtroom where protesters and rights advocates had gathered to speak out against the administration's policy of detaining immigrants when they appear in court for legal proceedings as they are required to, and to advise people that they have a right to remain silent if they're detained.
Courtrooms have typically been treated as sensitive places where immigration agents can't detain people, but Trump has changed that with his mass deportation operation.
A 20-year-old New York City public school student was detained by federal agents at an immigration court last week.
Robert Gottheim, Nadler's chief of staff, toldThe New York Times that the confrontation between DHS and the aide happened after a member of the congressman's staff invited the immigrant rights advocates into Nadler's office, hoping to deescalate tensions after federal agents accused the advocates of loitering and threatened to arrest them.
Gottheim said the agents were also angry because Nadler's staff had witnessed them arresting migrants who were leaving the courtroom.
DHS released a statement Saturday claiming that agents had been told protesters were in Nadler's office and that they were concerned for the congressional staffers.
"One individual became verbally confrontational and physically blocked access to the office," said the statement.
A video obtained by Gothamist showed an agent handcuffing a crying aide while another official told one of Nadler's staff members that the agents didn't have or need a warrant for the arrest.
"The Trump administration is trying to intimidate members of Congress," Nadler told the Times on Saturday. "They're behaving like fascists... We have to fight them. We don't want to be a fascist country."
Journalist Mehdi Hasan of Zeteosaid Jeffries' response to the incident in Nadler's office made clear he is not "the right person to be leading the Dems in the House in this historic, fascistic moment."
Bash's questioning on Sunday also pertained to the Trump administration's decision to charge Rep. LaMonica McIver (D-N.J.) with two counts of assault—charges that carry a potential punishment of 16 years in prison—for a clash with immigration officers outside a detention center in Newark.
A joint statement released on May 19 by Jeffries, Minority Whip Katherine Clark (D-Mass.), House Democratic Caucus Chair Pete Aguilar (D-Calif.), Vice Caucus Chair Ted Lieu (D-Calif.), and Assistant Democratic Leader Joe Neguse (D-Colo.) vehemently condemned the charges against McIver, but the content was similar to Jeffries' comments on CNN.
"Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions," said the statement in part. "House Democrats will respond vigorously in the days to come at a time, place, and manner of our choosing."
"If ICE can use a nationwide network of license place readers for its purposes, what's stopping the government from using it for whatever purposes they want?" asked one critic.
State and local law enforcement agencies across the United States are using data gleaned from automated license plate readers to assist federal immigration authorities in the Trump administration's mass deportation efforts, a report published Tuesday detailed.
Data reviewed by 404 Mediafound that state and local police are using an artificial-intelligence-powered automatic license plate reader (ALPR) system made by Atlanta-based Flock Safety to perform immigration-related lookups and other actions in service of U.S. Immigration and Customs Enforcement (ICE) investigations, "giving federal law enforcement side-door access to a tool that it currently does not have a formal contract for," according to report authors Jason Koebler and Joseph Cox.
Koebler and Cox found that Flock Safety's ALRP systems are being used in more than 5,000 communities from coast to coast, where law enforcement agencies have conducted over 4,000 lookups "either at the behest of the federal government or as an 'informal' favor to federal law enforcement."
According to Koebler and Cox:
As part of a Flock search, police have to provide a "reason" they are performing the lookup. In the "reason" field for searches of [Danville, Illinois'] cameras, officers from across the U.S. wrote "immigration," "ICE," "ICE+ERO"—which is ICE’s Enforcement and Removal Operations, the section that focuses on deportations—"illegal immigration," "ICE WARRANT," and other immigration-related reasons. Although lookups mentioning ICE occurred across both the Biden and Trump administrations, all of the lookups that explicitly list "immigration" as their reason were made after [U.S. President Donald] Trump was inaugurated, according to the data.
The Department of Homeland Security does use license plate scanning cameras at the border and has shown great interest in the technology. Immigration advocates have been concerned that ICE could turn to local agencies' ALPR networks, but this is the first confirmation such data access is happening during Trump's mass deportation efforts.
"Different law enforcement systems serve different purposes and might be more appropriate for one agency or another," Jay Stanley, senior policy analyst at the ACLU's Speech, Privacy, and Technology Project, told 404 Media. "There should be public conversations about what we want different agencies to be able to do."
"I assume there's a fair number of community residents who accept giving police the power to deploy license plate readers to catch a bank robber, who would absolutely gag on the idea that their community's cameras have become part of a nationwide ICE surveillance infrastructure," Stanley added. "And yet if this kind of informal backdoor access to surveillance devices is allowed, then there's functionally no limits to what systems ICE can tap into with no public oversight or control into what they are tapping into."
While state and local law enforcement agencies normally lack the authority to enforce federal immigration laws, the Trump administration has encouraged them to participate in a program called 287(g), a provision of the the Immigration and Nationality Act that authorizes DHS agencies including ICE to delegate certain immigration enforcement actions to state and municipal police.
On the first day of his second term, Trump issued an executive order "to authorize state and local law enforcement officials, as the secretary of homeland security determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States."
In an opinion piece published by Common Dreams in 2021, immigrant rights defenders Gabriela Viera and Cynthia Garcia wrote that 287(g) "turns local law enforcement into a gateway to deportation and deepens collaboration between ICE and local police."
Previous reporting by The Guardian's Johana Bhuiyan detailed how ICE "has gained access to troves of data from sanctuary cities that could aid its raids and enforcement actions" in municipalities where undocumented immigrants are ostensibly protected.
"This sort of mass tracking violates the promise made to undocumented residents that they will be safe in the county," Albert Fox Cahn, the director of the privacy advocacy group the Surveillance Tech Oversight Project, told Bhuiyan.
Responding to 404 Media's request for comment, Flock Safety said that "we are committed to ensuring every customer can leverage technology in a way that reflects their values, and support democratically authorized governing bodies to determine what that means for their community."
"We work with local governments across the country to adopt best practices on [license plate reader] policies, including robust auditing requirements," the company added.
However, ACLU of Illinois communications and public policy director Edwin Yohnka told
404 Media, "This is is really a national system of data once you start collecting," adding that "it is incredibly troubling to see this list of places from around the country who are performing these searches of Illinois cameras."
Responding to the 404 Media report, journalist Krishna Sai Andavolu asked, "If ICE can use a nationwide network of license place readers for its purposes, what's stopping the government from using it for whatever purposes they want?"
The move comes as the administration plans to expand social media vetting for all noncitizen student applicants.
Secretary of State Marco Rubio has ordered U.S. embassies and consulates around the world to temporarily suspend scheduling of new student visa interviews as the Trump administration weighs requiring all foreign students to undergo social media vetting.
Politicoreported that a cable signed by Rubio on Tuesday said that "effective immediately, in preparation for an expansion of required social media screening and vetting, consular sections should not add any additional student or exchange visitor... visa appointment capacity until further guidance is issued."
While social media screening isn't new, previous efforts were largely focused on returning students who may have taken part in protests against Israel's annihilation of Gaza. The State Department cable does not specifically state what the expanded social media screening will look for, although it alludes to President Donald Trump's executive orders aimed at combating terrorism and antisemitism.
Trump's January 29 order titled "Additional Measures to Combat Antisemitism" authorizes the deportation of noncitizen students and others who took part in protests against Israel's war on Gaza, which has killed more than 54,000 Palestinians and is the subject of an International Court of Justice genocide case.
Last month, the Department of Homeland Security announced the launch of a task force to surveil immigrants' social media posts, including those of around 1.5 million foreign students, for alleged antisemitism. While DHS did not say how antisemitism would be defined, critics note that the Trump administration has adopted the International Holocaust Remembrance Alliance working definition, which conflates opposition to Zionism—the settler-colonial movement for a Jewish homeland in Palestine—with hatred of Jews.
Earlier this year, the State Department also
launched a controversial artificial intelligence-powered "catch and revoke" program to cancel the visas of international students deemed supportive of the Palestinian resistance group Hamas.
Rubio has invoked Immigration and Nationality Act of 1952 to designate for deportation pro-Palestine international students who the government admits committed no crimes. These include Mahmoud Khalil, Mohsen Mahdawi, and Yunseo Chung—all permanent U.S. residents—as well as Rümeysa Öztürk, Ranjani Srinivasan, and others.
The Trump administration's dubious legal arguments have not fared well in courts, as several judges have temporarily blocked the administration from proceeding with deportations of foreign students.
Earlier this month, for example, a federal judge ruled that Öztürk—who was snatched off a Massachusetts streets by plainclothes federal agents and flown to a notorious Immigration and Customs Enforcement lockup in Louisiana—had been illegally arrested and ordered her immediate release.
Under mounting legal and public pressure, the Trump administration recently reinstated the legal status of hundreds of terminated foreign students. However, for some, the move came too late, as they have been banned from entering the United States.
Meanwhile, the administration's draconian treatment of international students has put many off of studying in the U.S., a situation universities in other nations are exploiting in a bid to attract applicants who are rejected by—or choose to eschew—the United States as a higher learning destination.
On Tuesday, American Immigration Council senior fellow Aaron Reichlin-Melnick cited figures from the Association of International Educators showing that noncitizen students studying at U.S. colleges and universities contributed $43.8 billion to the nation's economy and supported 378,175 jobs during the 2023-24 academic year.
"If the United States stops taking foreign students, the economic impact would be catastrophic," Reichlin-Melnick
said on social media, adding that the Trump administration's pause on international applicants "should be seen as a deliberate attempt to crash the U.S. economy by destroying higher education."