Judge skeptical of Trump administration argument that federal courts can’t review border declaration

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By REBECCA SANTANA, Associated Press

WASHINGTON (AP) — A federal judge Tuesday expressed skepticism over the Trump administration’s assertions that its decision to declare an invasion at the U.S.-Mexico border and suspend asylum access was not something courts had the authority to review.

U.S. District Judge Randolph Moss heard arguments in a Washington courtroom over a lawsuit brought by immigrants rights organizations, which are challenging a key executive order that banned the ability for migrants crossing the southern border to seek protections in the United States.

In the Jan. 20 order, President Donald Trump declared that the situation at the southern border constitutes an invasion of America and that he was “suspending the physical entry” of migrants.

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Trump’s order asserts that the Immigration and Nationality Act gives presidents the authority to suspend entry of any group that they find “detrimental to the interests of the United States.”

The government has argued in court that the Republican president’s determination that the U.S. is facing an invasion is not subject to court review, calling it “an unreviewable political question” in a filing.

Moss, who was nominated by Democratic President Barack Obama, repeatedly questioned the government’s lawyer on that point.

At one point, he posed a hypothetical question about whether the president — upset with northerners taking up residence in sunny Florida where he has a home — could declare their presence an invasion.

At another point, he asked, “Is there just never any judicial review?”

Advocates say the right to request asylum is enshrined in the country’s immigration laws and that denying migrants that right puts people fleeing war or persecution in grave danger.

Critics say relatively few people coming to America seeking asylum actually end up qualifying and that it takes years for overloaded immigration courts to come to a determination on such requests. People seeking asylum must demonstrate a fear of persecution at home on a fairly narrow grounds of race, religion, nationality or by belonging to a particular social or political group.

In the lawsuit, the migrant rights groups argued that immigration “even at elevated levels” does not constitute an invasion and noted that the number of people entering the country between the ports of entry had fallen to lows not seen since August 2020.

The groups are asking the judge to declare Trump’s order unlawful and keep him from enforcing it. The government has asked the judge to dismiss the organizations’ motion.

Moss asked for more written arguments on specific legal questions before making his ruling.

Wisconsin high court suspends Milwaukee judge accused of helping man evade immigration authorities

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MADISON, Wis. (AP) — The Wisconsin Supreme Court suspended a judge accused of helping a man evade immigration authorities, saying Tuesday that it is in the public interest to relieve her of her duties as she faces two federal charges.

The FBI took Milwaukee County Circuit Judge Hannah Dugan into custody Friday morning at the county courthouse. She has been charged with concealing an individual to prevent his discovery and arrest and obstructing or impeding a proceeding.

In its two-page order, the state Supreme Court said it was acting on its own initiative and not responding to a request from anyone. Liberal justices control the court 4-3.

Dugan’s attorney, Craig Mastantuono, had no immediate comment. A state court spokesperson said that a reserve judge began filling in for Dugan on Monday for an indefinite period.

Dugan is accused of escorting the man and his lawyer from her court through the jury door last week after learning that U.S. Immigration and Customs Enforcement agents were in the building and seeking his arrest. The man was taken into custody outside after a foot chase.

Court documents suggest Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that they appeared to be in the hallway.

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An FBI affidavit says Dugan was “visibly angry” over the agents’ arrival and called the situation “absurd” before leaving the bench and retreating to her chambers. It says she and another judge later approached members of the arrest team inside the courthouse with what witnesses described as a “confrontational, angry demeanor.”

After a back-and-forth with officers over the warrant for the man, Eduardo Flores-Ruiz, she demanded they speak with the chief judge and led them away from the courtroom, the affidavit says.

After directing the agents to the chief judge’s office, investigators say, Dugan returned to the courtroom and was heard saying words to the effect of “wait, come with me” before ushering Flores-Ruiz and his lawyer through the jury door into a nonpublic area.

The action was unusual, the affidavit says, because “only deputies, juries, court staff, and in-custody defendants being escorted by deputies used the back jury door. Defense attorneys and defendants who were not in custody never used the jury door.”

Dugan’s arrests has sparked outrage among Democrats, who have accused the Trump administration of trying to chill the judiciary. Demonstrators gathered outside the FBI’s Milwaukee field office Saturday to protest her arrest.

She is set to appear in court for arraignment May 15.

In addition to Mastantuono, her attorneys include Paul Clement, a prominent conservative lawayer, and Steve Biskupic, a former U.S. attorney for the Eastern District of Wisconsin who was appointed by President George W. Bush.

Remains of woman missing since 2016 are found in St. Cloud area

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The remains of a western Wisconsin woman missing since 2016 in St. Cloud, Minn., were found Saturday in Stearns County.

The St. Cloud Police Department on Tuesday said the skeletal remains were identified by the Midwest Medical Examiner’s Office as belonging to Shannah Marie Boiteau of Chippewa Falls, Wis.

A property owner in the 25000 block of County Road 74 called police just after noon Saturday and reported possible human remains on his property, according to police.

This is the approximate area where Boiteau was last seen almost nine years ago, according to police. On June 22, 2016, the 23-year-old Boiteau had run from a vehicle driven by her boyfriend in the area of Interstate 94 and County Road 74, according to police.

In a 2016 news release, St. Cloud police said Boiteau was believed to have fled Wisconsin due to an arrest warrant on a probation violation.

The case remains under investigation, and further updates will be provided as the investigation develops, police said.

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Vikings quarterback J.J. McCarthy: ‘I know I’m ready to start’

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There’s still a noticeable zip to the ball when quarterback J.J. McCarthy really lets it rip.

That much was clear on Tuesday morning at TCO Performance Center as McCarthy uncorked a pass to receiver Jordan Addison near the sideline. There was some juice to it. You could almost hear it spinning through the air as it traveled from Point A to Point B.

That marked the first time McCarthy has thrown a ball publicly since last summer when he dazzled during an exhibition game against the Las Vegas Raiders. The hype generated from that impressive performance at U.S. Bank Stadium was overshadowed by the fact that McCarthy had unknowingly suffered a torn meniscus that forced him to miss the entire 2024 season.

How’s he feeling now that he’s been cleared to be back on the field with his teammates?

“Overall, I feel 110 percent because I feel better than when I got hurt,” McCarthy said. “Just really excited to be out here with the guys again.”

Never mind that the the Vikings likely won’t name McCarthy the starter anytime soon; he’s not running from the expectations that come with being the future face of the franchise. Asked if he thinks he’s ready to start, the No. 10 pick in the 2024 NFL Draft replied, “I know I’m ready to start.”

His confidence was unmistakable as he talked about the pressure that comes with the position. This isn’t somebody that appears to be afraid of stepping into the spotlight. Not when he has succeeded at every step of his career.

“Personally, I think, the more pressure, the better for me,” McCarthy said. “That’s something I’ve always thrived off of.”

Whether it was starring at IMG Academy in high school or leading Michigan to a national championship in college, McCarthy has always proven that he’s capable of rising to the occasion on the biggest stage.

“I feel like that’s where I feel most comfortable, when the lights are the brightest,” he said.

It hasn’t been an easy road to this point for McCarthy while navigating the trials and tribulations that come with a lengthy recovery process. Though he talked at length about how grateful he was for the opportunity to learn the ropes from afar, McCarthy said it was hard for him not actually being able to put the pads on and compete.

The limited activity also contributed to him losing nearly 30 pounds, which became a talking point late last season when he was shown on the sideline during the television broadcasts of some games.

“I’m somebody that needs to work out in order to put on weight,” McCarthy said. “I’m back up to 215 pounds, exactly where I want to be. It’s amazing how fast it kind of peaks and valleys.”

Now that he’s back to full strength, McCarthy is focused on continuing to develop ahead of organized team activities and mandatory minicamp next month.

“The energy he brings to the building is infectious,” right tackle Brian O’Neill said. “You can tell he wants it really bad.”

That mentality has helped McCarthy endear himself to his teammates as he grows into a leadership role.

“We’re all behind him,” edge rusher Jonathan Greenard said. “We’re all standing 10 toes with J.J.”

The good news for McCarthy is he won’t have the weight of the world on his shoulders; he’ll have head coach Kevin O’Connell — a former NFL quarterback — helping him navigate everything, as well as teammates on both sides of the ball that are going to make it easier on him.

“We don’t need him to come in and be the Patrick Mahomes of the team,” safety Josh Metellus said. “We have a veteran team for a reason, to welcome in a guy like that, so he can just focus on his day-to-day process.”

As for the competition that also includes presumed backup quarterback Sam Howell, reserve quarterback Brett Rypien and undrafted free agent Max Brosmer, McCarthy said he knows everything will work out for him as long as he continues to strive to be the best version of himself every time he steps on the field.

“Just be me,” McCarthy said. “Just be consistent, be dependable, be reliable, be a true pro, and the rest will take care of itself.”

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