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"This inhumane, illegal, and unconstitutional action will inflict—and already has inflicted—irreparable harm on these individuals," senators wrote of the effort to make thousands of immigrants "self-deport."
Just a day after Senate Republicans confirmed U.S. President Donald Trump's Social Security Administration commissioner, Frank Bisignano, the chamber's Democrats on Wednesday announced a series of letters about outstanding questions and concerns regarding the federal agency—including one that demands an investigation into what they call attempted "financial murder."
Two of the letters unveiled Wednesday were dated April 30. Both were led by Senate Finance Committee Ranking Member Ron Wyden (D-Ore.) and signed by a dozen members of the Democratic Caucus: one was to Leland Dudek, then acting commissioner of the SSA, and another was to Michelle Anderson, assistant inspector general for audit at the agency.
The latter asks the SSA Office of the Inspector General to probe reports that the administration "is taking steps to place certain categories of immigrants who have lawfully obtained Social Security numbers (SSNs) in its Death Master File (DMF)," which contains data on more than 141 million people whose deaths were reported to the agency, in an effort to make them "self-deport."
The letter to Dudek declares that "this inhumane, illegal, and unconstitutional action will inflict—and already has inflicted—irreparable harm on these individuals, undermines trust in and accuracy of the Social Security programs, and sets a dangerous precedent in allowing the government to take away Americans' access to their earned Social Security benefits."
"If living number-holders are improperly transferred to the DMF, they lose their ability to legally work in the United States, as well as access to any earned Social Security benefits, healthcare, banking and credit cards, and access to virtually every other exchange with a third-party that is verified by a valid SSN," the letter explains. "The result is, as former SSA Commissioner Martin O'Malley put it, 'tantamount to financial murder.'"
"Changing the name of the database to the 'Ineligible Master File' as a clumsy attempt to evade public criticism or legal exposure does not mitigate these consequences to these individuals, as has already been reported," the letter asserts, urging Dudek "to immediately cease this practice and remove all individuals placed on the DMF through this initiative."
In addition to Wyden, the letters were signed by Sens. Cory Booker (D-N.J.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawaii), Angus King (I-Maine), Ben Ray Luján (D-N.M.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), and Peter Welch (D-Vt.).
Warren and Wyden also partnered with the chamber's New York Democrats, Senate Minority Leader Chuck Schumer and Sen. Kirsten Gillibrand, for a Wednesday letter to Bisignano, who was confirmed Tuesday with a 53-47 vote along party lines.
"Since President Trump took office, we have—prompted by the administration’s attacks on Social Security—sent 17 letters to the Social Security Administration," they wrote. "These letters have sought answers for why the Trump administration and the Department of Government Efficiency (DOGE) appear to be dismantling the SSA, potentially depriving Americans of their hard-earned benefits."
As the letter details:
We have not received responses to the vast majority of our questions. In fact, acting Commissioner Leland Dudek has reportedly instructed staff to not respond to public or congressional inquiries. The limited answers we have received have been unsatisfactory," they continued.
We have also requested information from you directly. Through direct inquires, your hearing before the Senate Committee on Finance, and post-hearing questions for the record, we have sought to determine whether you intend to continue DOGE's disastrous efforts to hollow out the SSA. In response, you repeatedly claimed that, because you were not yet working at SSA, you did not have sufficient information to answer. You made these claims despite the fact that a former SSA employee whistleblower has reported that you have been participating extensively in high-level operational, management, and personnel decisions at SSA.
Now that Bisignano has been confirmed, the senators are demanding answers to their nearly 200 questions.
"We are extraordinarily concerned about the future of the SSA under the Trump administration, and Americans deserve information about the fate of their benefits under your watch," the senators wrote. "We therefore ask that you provide full and complete answers to all of our questions no later than May 21, 2025."
The judge questioned administration attorneys in a hearing on whether the White House has "constructive custody" of nearly 140 Venezuelan men it sent to El Salvador.
At a hearing Wednesday on the status of nearly 140 Venezuelan immigrants whom the Trump administration hastily expelled to El Salvador's notorious Terrorism Confinement Center, a federal judge told lawyers representing the detainees that there were "a lot of facts in their favor" regarding whether the White House has the authority to return the men to the United States.
During the hearing, Judge James Boasberg, chief judge of the U.S. District Court in Washington, D.C., questioned U.S. Department of Justice lawyers to determine whether the U.S. has "constructive custody" of Kilmar Abrego Garcia—a Maryland man whom the administration has insisted it can't bring back to the country even though he was mistakenly sent to El Salvador—and other prisoners at the Terrorism Confinement Center (CECOT).
If the White House does have constructive custody of the men, with El Salvador detaining them at the behest of the U.S. government, it would be possible to bring them back to the U.S. to receive due process—which DOJ lawyer Abishek Kambli reluctantly conceded they had not received before their expulsion.
Boasberg zeroed in on a comment President Donald Trump made in an ABC News interview last week about Abrego Garcia, when he told reporter Terry Moran that he "could" make a phone call to Salvadoran President Nayib Bukele to secure the Maryland father's return.
"You could pick it up and with all the power of the presidency, you could call up the president of El Salvador and say, 'Send him back,'" said Moran.
"And if he were the gentleman that you say he is, I would do that," Trump said.
On Wednesday Boasberg demanded to know if Trump's comments were accurate.
"Is the president not telling the truth, or could he secure the release of Mr. Abrego Garcia?" he asked.
"A country in which Trump can do whatever he wants to these people, say whatever he wants about what he did, but be protected from what he said in a case about what he did, is not the democratic country we have known or that we deserve."
Kambli replied that Trump was just speaking of "the influence that he has" but doubled down on the claim that the president's position of power doesn't equal legal control of constructive custody.
The White House has claimed it has no jurisdiction over the migrants even though they were sent to El Salvador under a $6 million deal Trump struck with Bukele.
Boasberg pointed to comments by Homeland Security Secretary Kristi Noem during a visit to CECOT in which she suggested the U.S. is in control of who is sent to and remains at the prison.
"What about Secretary Noem saying CECOT is 'one of the tools in our tool kit that we will use if you commit crimes against the American people,'" Boasberg asked Kambli, quoting Noem directly. "Is she wrong about that?"
Kambli attempted to deflect the suggestion that the U.S. is paying El Salvador directly to house migrants, saying that despite Noem's remarks, the administration has only paid "grants" to Bukele's government "for law enforcement and anti-crime purposes."
Boasberg also asked point-blank: "Is the United States paying the government of El Salvador to detain the migrants?"
Kambli did not reply directly, saying only that "there is no agreement or arrangement whereby the United States maintains any agency or control over these prisoners."
At another point the judge forced Kambli to admit that—contrary to repeated claims by Trump—the U.S. Supreme Court did not rule in his favor regarding his invocation of the Alien Enemies Act, which the White House has used to expel people it accuses of being members of the Venezuelan gang Tren de Aragua.
The Supreme Court lifted a block imposed by Boasberg in an earlier ruling on the Alien Enemies Act, but did not uphold Trump's invocation of the rarely-used law.
"I know your client believes the Supreme Court upheld the invocation of the AEA," Boasberg told Kambli. "You agree the Supreme Court never did that, correct?"
Law & Crimereported that "almost audible squirming ensued" as Kambli gave "several evasive answers" before Boasberg read the Supreme Court ruling verbatim.
"They did not analyze that precise issue," Kambli finally admitted.
Former congressman Conor Lamb suggested Boasberg's harsh questioning of the Trump administration is what is needed in the judicial system as the president continues his mass deportation operation and threatens due process rights.
"A country in which Trump can do whatever he wants to these people, say whatever he wants about what he did, but be protected from what he said in a case about what he did, is not the democratic country we have known or that we deserve," said Lamb. "Judges, we need you now."
Law & Crime reported that Boasberg "signaled an obvious inclination toward finding the U.S. does have constructive custody over the relevant Venezuelan nationals detained in CECOT" before ordering the Trump administration to provide sworn declarations regarding who has official custody.
The judge ordered the organizations representing the plaintiffs, the ACLU and Democracy Forward, to decide by Monday whether to request new documents and depositions from the government in the ongoing case.
"What we are seeing has nothing to do with keeping Jews safe and everything to do with crushing dissent," said one Barnard College student.
Jewish students and academics for Palestinian rights and free speech on Wednesday condemned a congressional hearing in which House Republicans repeatedly conflated opposition to Zionism and Israeli crimes against Palestine with antisemitism, while Democratic lawmakers warned against the weaponization of civil rights to suppress dissent.
The House Education and Workforce Committee held the hearing—titled "Beyond the Ivy League: Stopping the Spread of Antisemitism on American Campuses"—which followed last year's panel on antisemitism, both real and contrived, at Columbia University.
This time, the presidents of Haverford College, DePaul University, and California Polytechnic State University were grilled by lawmakers including committee Chair Tim Walberg (R-Mich.), who said that Israel should deal with Gaza "m like Nagasaki and Hiroshima" and was a manager at the Moody Bible Institute, which according to a memo from a group of mostly Jewish Haverford professors, "trains students to convert Jewish people to Christianity."
The memo notes that committee member Rep. Mark Harris (R-N.C.) once said Jews and Muslims will never know "peace in their soul" until they renounce their religions and accept Jesus Christ as their lord and savior. Another committee member, Rep. Mary Miller (R-Ill.), said that Nazi leader Adolf oHitler was "right" about political movements' need to capture youth support, before later apologizing.
Yet these and other Republican lawmakers on the panel pressured the three university presidents to crack down on constitutionally protected speech, while conflating support for Palestine and criticism of Israel with antisemitism.
"Haverford employs faculty members who engage in blatant antisemitism with no apparent consequences," said Walberg. "For example, one professor declared online that Zionism is Nazism."
Asked by Walberg if the phrase "long live the intifada"—an affirmation of Palestinians' legal right to armed resistance against Israeli oppression—is "protected speech at Haverford's campus," college president Wendy Raymond incorrectly said, "That is an antisemitic form of speech."
Walberg also falsely called the Hamas-led October 7, 2023 attack on Israel "unprovoked" and singled out students and faculty who praised Palestinians who resist Israel—which is facing a genocide case at the International Court of Justice and whose prime minister and former defense minister are fugitives from the International Criminal Court, where they are wanted for alleged war crimes and crimes against humanity, including extermination and forced starvation, in Gaza.
DePaul University president Robert Manuel said he was "deeply sorry" for "mistakes" made at the Chicago school, where two Jewish students were brutally attacked last November in what prosecutors have charged as a hate crime, while touting the banning of pro-Palestine groups including Students for Justice in Palestine from campus.
While noting that the Constitution "doesn't protect antisemitic violence, true threats of violence, or certain kinds of speech that may properly be labeled 'harassment,'" Georgetown University Law Center professor and former ACLU national legal director David Cole told the committee that the First Amendment "protects speech many of us find wrongheaded or deeply offensive, including anti-Israel advocacy and even antisemitic advocacy."
Cole accused the committee of making "broad-based charges of antisemitism without any factual predicate."
"To be honest, and with all due respect, the hearings this committee held on this same subject last year are reminiscent not of a fair trial of any sort, but of the kind of hearings the House Committee on Un-American Activities used to hold," Cole contended. "And I think we can all agree that the HUAC hearings were both a big mistake and a major intrusion on the First Amendment rights of Americans."
Cole also took aim at U.S. President Donald Trump's weaponization of antisemitism to threaten and defund colleges and universities that don't crack down on Palestine defenders, stressing that "the government may not threaten funding cuts as a tool to pressure recipients into suppressing such viewpoints."
Dozens of Jewish Haverford students signed an open letter to members of the House Education Committee ahead of Wednesday's hearing stating that "we are all deeply concerned by how you are weaponizing our pain and anguish for your own purposes."
Letter to the Editor: Jewish Haverford Students Reject Congress’ Weaponization of Antisemitism haverfordclerk.com/letter-to-th...
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— Karen Masters ( @karenlmasters.bsky.social) May 7, 2025 at 12:15 PM
"It is clear to us that these hearings will not, and have no desire to, protect us or combat antisemitism," the letter says. "Instead, this congressional hearing weaponizes antisemitism to target freedom of speech on college campuses, silences political dissidents, and attacks students who speak out in solidarity with Palestine. It is a blatant assault on our Black, brown, transgender, queer, noncitizen, and Palestinian peers."
A day before the hearing, the group Jewish Voice for Peace Action (JVPA)—which called the panel a "kangaroo hearing"— brought nine Columbia University and affiliated students to Capitol Hill to meet with members of Congress and "speak about their experiences as Jewish students who have been steadfastly committed to advocating for the safety and freedom of the Palestinian people."
Columbia junior Shay Orentlicher said that "I'm here asking my representatives to call for the release of my friend Mahmoud Khalil and to put real pressure on the Trump regime," referring to the permanent U.S. resident facing deportation after helping to lead pro-Palestine protests at the New York City university.
"I cannot stand to see the Trump administration smear Mahmoud as an antisemite when it could not be further than the truth," Orentlicher added.
Tali Beckwith-Cohen, a Jewish senior at Columbia-affiliated Barnard College, argued: "The Trump regime is using false allegations of antisemitism to disappear our friends, punish student protestors, and dismantle higher education. What we are seeing has nothing to do with keeping Jews safe, and everything to do with crushing dissent."
"Thousands of Jews on campuses across the country have spoken out in solidarity with the people of Gaza and we will not be silent," Beckwith-Cohen vowed.
JVPA political director Beth Miller contended that "the far-right does not care about Jewish safety."
"Trump and his allies in Congress are platforming neo-Nazis and Christian nationalists, all while pretending to care about antisemitism in order to take a hatchet to our communities and most basic freedoms," Miller added. "This is intended to silence the Palestinian rights movement, sow chaos, and sharpen authoritarian tools that will then be used to dismantle civil liberties and democracy itself."
Rep. Bobby Scott (D-Va.), the ranking member of the House Education Committee, pushed back on Republicans' assertions during Wednesday's hearing, noting that "my colleagues on the other side of the aisle have not held any hearings on other forms of discrimination and hate, such as racism, Title IX gender violations, Islamophobia, homophobia, or the challenges of meeting the needs of students with disabilities."
Rep. Greg Casar (D-Texas) noted that Trump praised attendees of the deadly 2017 "United the Right" white supremacist rally in Charlottesville, Virginia as "very fine people," and that Health and Human Services Secretary Robert F. Kennedy Jr. "spread an antisemitic conspiracy theory that Covid was engineered to target white and Black people but spare Jewish people."
Casar asked committee Republicans to condemn these and other antisemitic incidents by raising their hands. None did.
Antisemitism is an assault on all of our values. So why would Republicans cut funding to address hate crimes or protect synagogues? Republicans are not trying to keep Jewish students safe. They're trying to keep the Israeli government safe from any form of criticism.
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— Congressman Greg Casar ( @repcasar.bsky.social) May 7, 2025 at 10:24 AM
"Not a single Republican today has been willing to condemn any of this antisemitism," Casar lamented. "Unfortunately, the party of 'very fine people on both sides' or ' Jewish space lasers' does not give a damn about stopping antisemitism. If my Republican colleagues want to stop the spread of antisemitism, maybe they should stop apologizing for and promoting antisemites."
Rep. Ilhan Omar (D-Minn.) argued that "it is abundantly clear that the cynical work of the majority party on this committee is now being expanded and weaponized by the [Trump] administration seeking to squash dissent."
"Political protest, anti-war protest, pro-Palestinian protest—this is all protected speech under the First Amendment, regardless of citizenship status," Omar said after listing a number of Palestine defenders, including green-card holders, targeted for deportation by the Trump administration.
"Using immigration authorities to target, abduct, and detain noncitizens for their activism is a clear violation of their rights and a hallmark of an authoritarian government," she added.
Asserting that "throughout history, college campuses have been the places where worldviews, politics, cultures meet," Rep. Summer Lee (D-Pa.) said thato "some of the most transformative movements for justice in this country were ignited by students on college campuses."
"We cannot allow them to use efforts to divide our marginalized communities against each other."
"Now, that tradition of protest, academic freedom, and the core principle of free speech is under attack," Lee noted. "Not genuinely in the name of safety and student well-being, but under the guise of control used to suppress the voices of marginalized groups."
Lee said that it's clear that committee Republicans don't care about tackling antisemitism and other forms of bigotry "because they've dismantled and closed regional offices for civil rights... tasked with investigating antisemitism, that they have not spoken out against the Nazi salutes of Elon Musk or the Great Replacement Theory that led to the largest antisemitic massacre in my district."
"They have done nothing about anti-Blackness—I won't hold my breath for a hearing on that," she continued.
"We haven't acknowledged that our safety and our liberation are tied together," Lee added. "We cannot allow them to use efforts to divide our marginalized communities against each other... We are the closest we have ever been—ever been—to losing our civil liberties. We have to fight against it."
The ruling in Rümeysa Öztürk's case came less than 24 hours after courts ruled that Badar Khan Suri's case must be heard in Virginia and that Mahmoud Khalil's case must remain in New Jersey.
On Wednesday, Tufts University student Rümeysa Öztürk was the third detained international scholar in 24 hours to secure a victory in a case against the Trump administration when a federal appeals panel ordered the government to return Öztürk to Vermont from the crowded Louisiana detention center to which she was sent hours after plainclothes immigration agents arrested her in March.
The Second U.S. Circuit Court of Appeals handed down its ruling weeks after U.S. District Judge William K. Sessions III in Vermont ordered the administration to return Öztürk to the New England state, where she had been located when her attorneys filed a habeas corpus petition on her behalf.
Sessions' ruling had demanded that Öztürk be returned to Vermont for a hearing by May 1, but she remained in Louisiana—where the Trump administration has sent numerous foreign students marked for deportation to ensure their cases would be handled by conservative judges—as the White House appealed the case to the Second U.S. Circuit Court of Appeals.
That court said Wednesday that Öztürk must be sent back to Vermont by May 14, where a federal judge will hold a hearing on her habeas corpus petition on May 22. A bail hearing for Öztürk's release will also be held on May 9.
Öztürk's lawyers argue that the government is unconstitutionally retaliating against her for co-writing an op-ed in her school newspaper last year in which she called on Tufts to divest from companies tied to Israel and its bombardment of Gaza. She was detained in March by plainclothes immigration agents—some of whom wore masks—near her apartment in Somerville, Massachusetts.
"No one should be arrested and locked up for their political views," said Esha Bhandari, deputy director of the ACLU's Speech, Privacy, and Technology Project, which is helping to represent Öztürk. "Every day that Rümeysa Öztürk remains in detention is a day too long. We're grateful the court refused the government’s attempt to keep her isolated from her community and her legal counsel as she pursues her case for release."
Lawyers recently submitted new filings in Öztürk's case in Vermont, describing her living conditions for nearly two months in Louisiana.
In a cramped room with 23 other women, Öztürk has suffered progressively more severe asthma attacks and has been exposed to triggers for her asthma, including insect and rodent droppings and a lack of fresh air.
"Rümeysa has suffered six weeks in crowded confinement without adequate access to medical care and in conditions that doctors say risk exacerbating her asthma attacks. Her detention—over an op-ed she co-authored in her student newspaper—is as cruel as it is unconstitutional," said Jessie Rossman, legal director for the ACLU of Massachusetts. "Today, we moved one step closer to returning Rümeysa to her community and studies in Massachusetts."
With Öztürk expected to return to Vermont within days, the ACLU this week was also celebrating another "huge blow for the Trump administration" in the case of Georgetown University postdoctoral fellow Badar Khan Suri, who was also arrested in March by masked immigration agents before being secretly transported first to Louisiana and then to Texas.
A federal court ruled Suri's habeas corpus case should be heard in a court in Virginia, where he was living with his wife and young children when he was detained.
The Department of Homeland Security said Suri was "rendered deportable" under the Immigration and Nationality Act because he was found "spreading Hamas propaganda and promoting antisemitism on social media"—claims for which DHS offered no evidence.
His lawyers have argued he was being detained for constitutionally protected speech in support of Palestinian rights.
A federal court in Virginia is now set to hear Suri's case regarding his demand to be returned to Virginia and released on bond on May 14.
Eden Heilman, legal director for the ACLU of Virginia, said the court rejected the Trump administration's effort to "find a court it believed would be friendlier to its unlawful detention of people advocating for Palestinian rights."
"We are pleased the court saw through the Trump administration's attempts to manipulate the law, and we won't stop fighting until Dr. Khan Suri is reunited with his family," said Heilman.
Meanwhile, the Third Circuit Court of Appeals in Philadelphia on Tuesday rejected the Trump administration's effort to appeal the issue of where former Columbia University student organizer Mahmoud Khalil's habeas corpus case should be heard, ensuring that a federal court in New Jersey—where Khalil was detained when the petition was filed—will remain the venue for the case.
The administration has been pushing for Khalil's case to be heard in Louisiana, where he has also been in Immigration and Customs Enforcement detention since March, when ICE agents accosted him and his pregnant wife and took him away in an unmarked vehicle—eventually sending him 1,400 miles away from his wife and his legal counsel, where he remained last month during the birth of his first child.
Brett Max Kaufman, senior counsel with the ACLU's Speech, Privacy, and Technology Project, expressed hope that Tuesday's ruling "sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around."
"It is the fundamental job of the judiciary," said Kaufman, "to stand up to this kind of government manipulation of our basic rights."