Consolidating Power at All Costs

Trump is trying to achieve his anti-immigrant agenda by any means necessary — including by defying the courts and weaponizing government against anyone who tries to stand in the way of his deportation goals.

Inquiriespress@americanoversight.org

President Trump’s second term has been defined by an inhumane and xenophobic anti-immigrant crusade — and this week, his willingness to abuse his power and weaponize the government against vulnerable groups and perceived opponents to score political points was on full display.

So was his administration’s disdain for the separation of powers. This week, Trump’s Justice Department sued every federal judge in Maryland over the chief judge’s May court order blocking many immediate deportations.

The incredibly rare lawsuit — which one retired federal judge told the Washington Post was “reckless and irresponsible and yet another direct frontal assault on the federal courts of this country” — is an egregious example of the administration’s abuse of power in its quest to reach its mass deportation goals.
Another legal expert told the Associated Press that the move is “escalating DOJ’s effort to challenge federal judges” — a dangerous signal of the administration’s belief that there should be no checks on its power, even when it is denying immigrants due process.

This contempt for the rule of law is a profound danger to our democracy, and it is clearly a central part of the Trump administration’s approach to governing. According to damning new whistleblower allegations, Trump’s former criminal defense lawyer Emil Bove — a top Department of Justice official whom Trump has nominated to be a federal appeals court judge — suggested defying federal court orders to speed deportations, even instructing DOJ employees to tell courts “f— you.”

The complaint from the whistleblower, a longtime DOJ lawyer who has since been fired, indicates that Bove’s comments reflected a broader effort to mislead judges and evade legal constraints.
As the Senate Judiciary Committee held a hearing this week on Bove’s judicial nomination, we renewed our call for New York authorities to investigate serious allegations of Bove’s professional misconduct — and for senators to oppose his confirmation.
In February, we had filed a disciplinary complaint related to Bove’s role in overseeing and directing the corrupt dismissal of criminal charges against New York City Mayor Eric Adams.
Last month, the Attorney Grievance Committee in New York responded to our request by referring it to the DOJ’s Office of Professional Responsibility and stating that the committee would take no action itself.
In light of the new whistleblower allegations, and because the committee is ultimately responsible for governing the conduct of attorneys licensed in New York, this week we asked the committee to reconsider our request.
“Instructing DOJ lawyers — officers of the court — to say ‘f— you’ to federal courts isn’t just vulgar, it’s a direct attack on the rule of law,” our Chioma Chukwu said. “Congress and New York authorities must stop shirking their responsibilities. The public deserves accountability, not silence in the face of serial professional misconduct.”

It’s not just pesky court orders and constitutional protections that are getting in the way of the administration’s goal of 3,000 immigration arrests per day. Immigration and Customs Enforcement (ICE), which is currently holding about 59,000 detainees, has filled existing facilities beyond capacity.

Eager to demonstrate their alignment with Trump’s anti-immigration agenda, right-wing state and local leaders have been looking for ways to assist. This week, Florida began construction on a new facility in the Everglades, which state Attorney General James Uthmeier has nicknamed “Alligator Alcatraz.”
We’ve been investigating the administration’s ties to the private prison industry and the consequences of its prioritization of mass detention over providing humane conditions.
Last year, we published a report with the ACLU and Physicians for Human Rights that found that 95 percent of deaths in ICE custody were likely preventable with appropriate medical care.

Another way the administration is trying to meet its extreme goals is by significantly expanding ICE’s 287(g) program, which deputizes local law enforcement officers to act as immigration agents.

Immigrants’ rights advocates have pointed out that 287(g) agreements lead to racial profiling and widespread distrust of police, and create fear among immigrants and people of color that can exacerbate social withdrawal and isolation.
This week, we sued ICE for records related to the programs’ expansion and training materials, after it failed to respond to our Freedom of Information Act request.
We’ve filed requests with ICE and dozens of county sheriffs offices across the country that have entered 287(g) contracts or that have pending agreements. Among other records, we’re seeking the release of communications about the program’s expansion and information about its budget and related costs.
We also requested ICE’s training requirements and materials for new program participants, including records that could shed light on potentially reduced requirements. During the second Trump administration, some sheriffs joining the program have reported that training has been significantly condensed.

New Lawsuit Seeks Records about DOGE’s Social Security Takeover

Earlier this month, the Supreme Court granted the Department of Government Efficiency (DOGE) access to sensitive and private Social Security systems, paving the way for DOGE to access millions of Americans’ personal data and raising the risk that such information could be weaponized for political purposes.

This week, we sued the Treasury and the Social Security Administration (SSA) for failing to release records related to DOGE’s and the administration’s efforts to access those systems and compromise the privacy of millions of Americans.

The lawsuit alleges that DOGE teams bypassed standard security protocols to access SSA and Treasury systems — sometimes even before clearing background checks — and seeks the immediate release of all documents related to DOGE’s involvement.
We’re seeking records about data access, staffing, communications with the White House, and contracts affected by DOGE’s interference at SSA, among others.
“The Trump administration’s refusal to follow basic transparency laws only deepens concerns that our Social Security is in serious jeopardy,” our executive director Chioma Chukwu said. “The public has a right to know who’s pulling the strings behind these reckless decisions, and since the administration won’t release the truth voluntarily, we’re asking the court to force it to.”

On the Records

States’ Continued Failure to Find a Good ERIC Replacement

Two years ago, nine states caved to the election denial movement and left the Electronic Registration Information Center, a leading tool for ensuring accurate voter lists, and as expected, those states still have been unable to come up with a viable alternative, as Democracy Docket reported this week.

Our report “The Campaign to Dismantle ERIC” tells the story of how the election denial movement targeted ERIC as part of its continued effort to undermine U.S. democracy and examines how states tried — and failed — to create an effective replacement.

The report also provides telling details about how Trump’s powerful allies and conservative activists took advantage of the vacuum left by the withdrawals to pitch their own severely flawed alternatives that would make it easier to challenge the voting rights of thousands.
We recently uncovered records that highlight the deficiencies in the patchwork of poor substitutes that Virginia has relied on since it withdrew from ERIC in May 2023.
In the last month, we obtained a draft memorandum of understanding between the Virginia and Maryland state election boards. The agreement would require only annual data-sharing (ERIC requires members to share voter registration and DMV data every 60 days). A previous draft of an agreement with Ohio had not required any frequency of data-sharing.

Consolidating Power at All Costs

New Lawsuit Seeks Records about DOGE’s Social Security Takeover

On the Records

States’ Continued Failure to Find a Good ERIC Replacement

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