In what may well be one of the most shameful episodes in American legal history since the abolition of chattel slavery, a Louisiana immigration judge has ruled that the Trump regime can continue its blatantly unconstitutional deportation of a lawful permanent US resident and political prisoner, Mahmoud Khalil, pretty much because Marco Rubio says so:

https://www.commondreams.org/news/mahmoud-khalil-deportable

'Very Dark Stuff': Judge Rules Palestine Activist Mahmoud Khalil Can Be Deported

"A U.S. immigration judge in Louisiana on Friday ruled that Mahmoud Khalil, a permanent U.S. resident and former Columbia University graduate student arrested last month after protesting Israel's genocidal assault on Gaza, can be deported, a decision that came despite the Trump administration admitting the imminently expecting father committed no crime and was being targeted solely for constitutionally protected speech.

Assistant Chief Immigration Judge Jamee Comans said that she lacked the legal authority to question the determination by Secretary of State Marco Rubio that Khalil was deportable. Earlier this week, Comans gave the Department of Homeland Security (DHS) until Friday to produce evidence that Khalil is eligible for deportation.

No such evidence was provided other than Rubio's assertion that he reserves the right to order Khalil's expulsion under the Immigration and Nationality Act of 1952, which empowers the secretary of state to expel noncitizens whose presence in the United States is deemed detrimental to U.S. foreign policy interests."

As the article itself notes, this isn't a final victory for the Trump administration; Khalil can and will continue to fight this, and most legal experts seem pretty confident this is all going to end up in front of the Supreme Court before the government can actually deport him; although why the court's 6-3 fascist high composition gives anyone confidence that they'll stop the regime's fascist and blatantly unconstitutional ideological policing and repression, is somewhat beyond me. As horrifying as this decision is, a random immigration judge doesn't get to say "surprise, fascism is legal now" even if that's more or less what this ruling is pointing to.

With that having been noted however, I need folks to understand what the regime's successful (for now) argument is here, because if you don't get that, it's impossible to grasp just how far these nazis clearly mean to go with this. The government is admitting that Mahmoud Khalil had a legal right to be in the United States, and committed no crime whatsoever. They are expressly stating that he's being targeted for deportation because of his political beliefs, and opposition to the US-back genocide being conducted by Israel, against Palestinians in Gaza as we speak; which they have chosen to define as antisemitism for political and propaganda reasons. This is a fundamental denial of Khalil's First Amendment rights which regardless of what you heard on Fox News, apply to everyone in the United States, not just people born there.

Despite this however, the regime is arguing that they have the right to deport Khalil because the Immigration and Nationality Act of 1952 gives the Secretary of State, Marco Rubio, the right to unilaterally, even unconstitutionally, order Khalil's expulsion; citing that the Act empowers him "to expel noncitizens whose presence in the United States is deemed detrimental to U.S. foreign policy interests." Who decides what US foreign policy interests are, has a right to to declare those decisions state secrets, and can change those potentially secret objectives at a whim? The Trump regime. Who decides which actions are "detrimental" to U.S. foreign policy decisions and who should be deported for them? Well the regime's argument is that it's Marco Rubio or whoever happens to be Trump's Secretary of State, and that he can do it by a whim, without explaining or justifying his decisions whatsoever.

So you caught that right? The regime can violate the constitutional rights of even a lawful US resident, because Marco Rubio feels a way, and he's not required to provide any more proof than "I said so." And yesterday, a U.S. immigration judge agreed with that logic. All of which now begs the question, what, or who, will Little Marco decide is "detrimental to U.S. foreign policy decisions" tomorrow?

Look, at some point Very Serious PeopleTM in the media and the political class are going to have to accept reality; the fascist GOP is actively and knowingly working to make Trump a literal dictator and they're prepared to deploy any nonsensical lie, rhetorical argument, and instrument of state power to do so. On Wednesday, the House passed a bill that would make it functionally impossible for a single lawsuit to stop even the Trump regime's most blatantly unconstitutional activities, by drastically curtailing the judiciary's power to issue nationwide restraining orders; under the nonsensical argument that ruling against Trump's orders is part of some vast left wing conspiracy to stymie the President's lawful right to um, make America conform to his unhinged authoritarian nonsense, apparently.

https://truthout.org/articles/house-passes-bill-limiting-judges-ability-to-place-injunctions-on-trump-orders/

House Passes Bill Limiting Judges’ Ability to Place Injunctions on Trump Orders

"Trump has had the most nationwide injunctions placed against him due to his presidential decrees oftentimes flatly violating the law or U.S. Constitution — for example, three federal judges this year alone have placed injunctions on his ability to enforce an executive order to redefine the birthright citizenship clause of the 14th Amendment.

While blatantly improper orders like those have been blocked, Trump loyalists have errantly claimed that so-called “activist judges” on the left have chosen to stymie the president’s agenda for political reasons — ignoring the fact that right-wing judges (including some Trump himself picked) have also issued injunctions against the president.

Republican Rep. Darrell Issa (California) authored a bill entitled the “No Rogue Rulings Act,” which would restrict judges’ rulings to only apply to the litigants directly included in the lawsuit — under the bill’s terms, only a plaintiff could receive relief from a judgment against a presidential administration, even if the underlying reason for that judgment is that the law or order at issue is unconstitutional and shouldn’t be enforced on anyone."

Okay, let's start with the good news; although the bill passed on a party lines vote in the House, it still has to make its way through the Senate and unless Chuck Schumer has another brain tumor for breakfast, that seems highly unlikely to happen. Given the level of collaboration Democrat Senators have already engaged in while (not really) opposing the Trump regime, I can't guarantee anything, but here's to hoping the opposition party realizes what a monumentally bad idea it would be to upend "hundreds of years of judicial case law and precedent" and allow Trump to essentially force everyone victimized by even his most unconstitutional orders, to seek remedy separately in the courts. If you want to understand just how bad this would be for our civil rights, consider the three current injunctions preventing Downmarket Mussolini from ending birthright citizenship and how folks whose only "crime" is being born in the US to parents who aren't citizens, would have to seek legal remedy under these new rules; not only are all of them unlikely to be able to bring a suit in federal court, but just processing all of those cases would take decades, and in the meantime Trump would be free to treat those victimized by his executive order as if his word was law.

Even if the bill doesn't pass the Senate however, I think it's pretty instructional to look at the overarching theme of the fascist GOP's arguments for running it through the House. To justify the bill, House Republicans have constructed a vast conspiracy theory, whereby even conservative judges who disagree with Trump are working with an undefined "radical left" to undermine the country; this is "if you're not with us, you're against" us logic and as author Jason Stanley noted in his excellent book, How Fascism Works, fascism functions by transforming everything into the politics of "us versus them." And what pray tell is their evidence for this conspiracy theory? The fact that Trump, who is actively trying to transform the United States into an autocratic fascist dictatorship, has seen his orders subject to a record number of injunctions and court orders preventing him from, um, breaking the law and violating the constitution? As at least one House Dem noted, it probably makes sense that Trump's agenda has been targeted by the most nationwide court orders because Trump has tried to violate the constitution more than probably any other president in American history.

“If it seems like an incredible number of cases to lose in less than 100 days, recall that Trump is engaged in a record number of illegal actions at a breathtaking velocity never seen before in U.S. history,” Rep. Jamie Raskin (D-Maryland) said."

My friends, it's fascism, and the fascist GOP party is willingly installing a fascist dictator; there's nothing accidental or "misguided" about it.

As I've written in the past, it remains unclear if the judiciary branch of the US government is willing to, or for that matter capable of stopping a fascist Trump regime that has to various degrees ignored court orders, argued that courts have no power to stop Der Führer's executive orders, and threatened to remove judges, or even dissolve courts that rule against the regime's authoritarian and often blatantly unconstitutional actions. As yesterday's tepid rulings in support of Trump's torturing of American law to justify fascist repression, by a 6-3 fascist high SCOTUS, makes clear - the regime still has an ace up its sleeve in court battles because it can use the Supreme Court to override all the other courts trying to stop it; assuming of course at least five judges in that body agree.

Despite this "trump" card however, the larger fascist GOP is rapidly beginning to coalesce around the idea that if the courts won't give Downmarket Mussolini what he wants, the solution is to limit the court's authority to rule on Trump's orders, remove judges who aren't ideologically aligned with the fascist regime's (often illegal) activities, or simply dissolve circuit courts that don't give them what they want without too much of a fuss. Why? Well, because they're fascists running a fascist party and they support the overwhelming majority of the Trump agenda; but also, Elon Musk's role as the new kingmaker of Republican politics means they'd much rather get funding from Musk to support the regime, than run against someone funded by Musk in Republican primaries to punish or remove politicians who don't toe the official white nationalist line.

https://www.theguardian.com/us-news/2025/apr/07/republicans-trump-musk-attacks-us-judges

Alarm as Republicans in Congress back Trump and Musk’s attacks on US judges

"As Donald Trump and Elon Musk widen their radical attacks on US judges who have stalled some of Trump’s executive orders and Musk’s slashing of federal agencies, they’re gaining backing from top House Republicans and other politicians, including some to whom the tech billionaire made big campaign donations.

The House speaker, Mike Johnson, and judiciary panel chairman Jim Jordan have echoed some of Trump’s attacks on judges, and a judiciary subcommittee hearing on 1 April explored “judicial overreach” and ways to curb judges who have stymied some Trump orders or Musk’s “department of government efficiency” (Doge) and its draconian cuts to the federal government."

At this point, we're mostly talking about words and committees, but I think it's important to understand that while many in corporate media and the political class are counting on public pressure to force the Republican Party to reign in Trump's most authoritarian instincts and intentions, GOP leaders are wrangling support to make Trump's dictator dreams a reality, regardless of what the courts say. While fundie fascist bootlickers like Mike Johnson and Jim Jordan are the face of these efforts, Musk's immense wealth and control of internal GOP primaries have created a core of support within elected Republicans operating in lockstep with the White House to implode judicial authority over the regime; and that core is growing.

"Despite such fears, many of Trump’s hardcore loyalists in Congress are jumping on board to further fuel Trump’s attacks on judges, while benefiting from Musk’s campaign largesse.

At least seven Republican members, including Andy Ogles of Tennessee and Brandon Gill of Texas, who echoed Trump’s call for impeaching Judge Boasberg, or advocated other “action” against judges who ruled against Trump orders, received checks from Musk for $6,600, the maximum he could donate.

Although Republican leaders have suggested that impeachment of judges won’t happen because they don’t have the votes, their public efforts to bolster Trump’s war on judicial independence has been accelerating, with allies exploring other avenues to curb judges."

I can't predict the future, but if you're asking me whether or not these GOP nazis are serious, I would strongly suggest that both their fascist ideological positions, and the incentive structure to support the regime against the judiciary, created by Musk's money and influence over the party, strongly suggests they are in fact dead serious about this. Is anyone in the opposition establishment even aware of this? Who knows, after all we've collectively spent the past nine or so years asking if Trump and the fascist GOP actually mean the things they say, when they promise to install the fascist regime we're watching them install right now. At this point I've been quoting the wisdom of Maya Angelou for so long I should have her on macro, but that repetition doesn't make her words any less true: "when someone shows you who they are, believe them the first time." The best time to take these nazis seriously was the day Trump came down that escalator; the second best time is now.

I'm getting sick of saying "yes the Trump regime is unquestionably fascist" because at some point, the evidence that they are a bunch of repugnant nazis is so extensive, you have to be willfully ignorant to keep pretending this is still up for debate; as many big media outlets in the US appear to be doing. This story however, brings us to a point where I feel compelled to point out not only that the Trump regime is definitely fascist, but these assclown nazi pigs are also, objectively speaking, evil.

As part of its unconstitutional scheme to traffic migrants, without due process, to a slave labor prison in El Salvador in order to wage a made up war against "gangs" and "Venezuela" apparently, Trump's DHS has admitted they "accidentally" deported a Maryland man, Abrego Garcia, who is A) married to a US citizen B) has a five year old disabled child, and C) had a judge's order *not* to deport him to El Salvador.

https://archive.ph/ZCWiy

Trump Administration Admits Accidentally Deporting Maryland Father to El Salvador Mega Prison

“Although [Immigration and Customs Enforcement] was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error,” the government admitted in response to Abrego Garcia’s complaint.

The government nevertheless argued in its filing that the court can’t order officials to bring Abrego Garcia home because he’s not in U.S. custody. The Trump administration is paying El Salvador to jail him, but the U.S. can’t force El Salvador to return the jailed men, the government claims.

It can only “entreat” or “cajole” its “close ally,” according to the filing.

“They claim that the court is powerless to order any relief,” Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, told The Atlantic. “If that’s true, the immigration laws are meaningless—all of them—because the government can deport whoever they want, wherever they want, whenever they want, and no court can do anything about it once it’s done.”

Holy sweet fuck; let me restate that for clarity. The US govt just admitted, in court, that they unlawfully "deported" a guy who has been working and raising a family peacefully in the US for years while seeking *legal* asylum, despite a judge's order not to, as part of a nazi kabuki theater human trafficking (deportation, requires a hearing before an immigration judge) scheme. Despite this, the regime's lawyers are arguing, simultaneously, that they can't get him back because he's not in US custody, and they aren't obligated to obey a judge's order to return him because US courts don't have jurisdiction over El Salvador.

Wait, it gets better because the U.S. government is *also* arguing that they shouldn't have to do anything to correct this "mistake" because the man isn't in danger, and "even if Abrego Garcia is being wrongfully imprisoned, he hasn’t suffered irreparable harm." This is despite both the 2019 judge's order granted because Garcia was “more likely than not” to face persecution" in his country of origin (El Salvador), *and* a 2023 US State Dept report that "found credible reports that inmates in El Salvador had been electrocuted, tortured, and beaten to death." Finally it should be mentioned that the regime hasn't offered any legal reason (beyond "oopsie") for why it was trying to deport Garcia in the first place, given that even if Trump's bullshit invocation of the Alien Enemies Act walks in court somehow, Garcia isn't Venezuelan, and the state's own filing calls El Salvador a "close ally" - meaning we're not even at *fake* war with them in the Trump regime's own bubble of unreality.

Naturally, if the US wasn't being run by maliciously evil fascists, one might expect some degree of contrition; but that's not how the Pork Reich rolls. Vice President JD Vance took to social media to justify the actions his regime's own lawyers just admitted were a "mistake" by spewing fact-free excuses about MS-13 that had to be corrected multiple times because Vance didn't even read the government's own filing. As the article notes, even Vance's lies about gangs made no sense because ICE's previous case against Garcia (from 2019) was based on the testimony of one anonymous source and fell apart when the state couldn't produce anyone to testify; which is why he was still in the country and granted protected status while he sought asylum.

Folks, this wasn't a mistake; when you purposely ignore all the legal processes designed to prevent "mistakes" like this, we call that criminal negligence. The Trump regime wanted planes full of nonwhite migrants to display like war trophies on prime time TV, and Garcia fit the bill. They didn't care about the law; his skin tone and status as an asylum seeker made him an acceptable target. The cruelty was the point, which is why they don't want to return Garcia even after admitting their "mistake."