When I saw a headline this morning saying that a judge had blocked ICE from re-detaining Abrego Garcia, I thought I was seeing something left over from yesterday. But no, this happened very early this morning. U.S. District Judge Paula Xinis ordered Abrego Garcia to be released yesterday. And he was. But then ICE directed him to report to its Baltimore office at 8 am this morning. Fearing that ICE planned to re-detain him, his lawyer went to Judge Xinis and got a restraining order against ICE. And, it turns out that ICE really did intend to re-detain the poor guy. Get this:
The basis of Xinis’ order to release Abrego Garcia was that ICE had never issued an order of removal against him — itself an extraordinary development because his wrongful deportation in March to El Salvador and his subsequent detention since he was returned to the United States were entirely predicated on the supposed issuance of an order of removal in 2019.
After Xinis ruled Thursday morning that no such order of removal existed, Philip P. Taylor, the acting regional deputy chief immigration judge in Baltimore, rushed out a new order around 7 p.m. ET that purported to fix the “scrivener’s error” in ICE’s records on Abrego Garcia and retroactively create an order of removal. Taylor’s order was comically subtitled: “Immigration Court’s Sua Sponte Order Correcting Scrivener’s Error.”
Taylor’s sudden intervention is procedurally flawed in myriad ways, but that didn’t stop him from purporting to make a number of “corrections” to the record in Abrego Garcia’s 2019 case, waving it all away with a breezy: “These corrections are hereby issued nunc pro tunc to the Immigration Court’s written decision and order of October 10, 2019.”
Judge Xinis was not impressed. Seriously, read the whole thing. But this comes back to why are they so obsessed with this one man? If ICE had just retrieved him from detention when it was first ordered to, most of us would have moved on to more recent atrocities. It appears ICE — and the Trump Administration — simply cannot admit it made a mistake to arrest him in the first place. This is pathological.
Along these lines, see Greg Sargent at The New Republic. Black and Latino voters are shifting hard against Trump, Sargent writes, because they are turned off by his naked bigotry. Sargent is talking to William Saletan, who has a piece at The Bulwark documenting the uglier things Trump has said about immigrants in recent days. This is worth checking out. But for now I want to point to this one bit —
Trump and Stephen Miller really thought they could test-run this fascism with shock and awe against immigrants and that voters would actually rally to it. If you recall, Stephen Miller was doing all sorts of very ostentatious things for a while there, like lining the White House driveway with mug shots of Latinos and migrants and that sort of thing.
And it was very clear that they thought that they were going to rally a majority of the country behind the type of agenda you’re talking about: the fully ethnonationalist, openly fascist agenda. But, you know, I think at least politically we’re seeing a surprising backlash to that.
I’ve been thinking this all along, that Miller and Trump both assumed that they could treat immigrants — and people who look to them like immigrants — like disposable garbage, and most (white, I presume) Americans would approve. I’m sure the hard-core MAGAts approve, but most Americans of all ethnicities and races do not. And I don’t think Trump and his people are yet admitting that the tough guy act is hurting them politically. The Trump/Miller immigration policy is nothing but a reflection of Trump’s and Miller’s sick, ignorant bigotries. They can’t even seem to have processed that they are losing the Latino voters that were critical to Trump’s win in 2024. A year ago people were talking about a permanent realignment of Latinos with the Republican party, but that’s already gone.
I have to mention Rep Seth Magaziner’s (D-Rhode Island) skewering of Kristi Noem in a House hearing yesterday. It was glorious.I understand Noem finally got so rattled she excused herself to go to another meeting that had already been cancelled.
Filed under — “more news that will have Trump posting all night in ALL CAPS” — the National Trust has sued to stop Trump’s ballroom construction. About time.
The lawsuit from the nonprofit National Trust for Historic Preservation, which was filed Friday in the U.S. District Court for the District of Columbia, represents the first major legal challenge to Trump’s planned 90,000-square-foot addition and is poised to test the limits of his power. The organization argues that the administration failed to undergo legally required reviews or receive congressional authorization for the project, which Trump has rushed to launch in hopes of completing it before his term ends in 2029.
In other headline news, I see that House Democrats have released a bunch of photos showing Trump and a lot of other famous people — including Bill Clinton, Woody Allen, Larry Summers, Steve Bannon, Alan Dershowitz, the former Prince Andrew, etc. etc., with Epstein. I don’t know that any of it is incriminating.
If anything else significant happens today, I’ll tack it on to this.
Update: I forgot to mention that Trump seems to be even more confused than before about the state-federal thing. Yesterday he pardoned Tina Peters, a former Colorado county clerk who was convicted of election interference. The problem with that is that Peters was convicted by the state of Colorado, not a federal court, so Trump has no authority to pardon her. He also issued an executive order to stop states from regulating AI. And states are fully within their rights to ignore his executive order.
Also, too, this afternoon the Department of Justice announced actions against people they think “stole” the 2020 election from Donald Trump. See DOJ sues Georgia county as Trump pushes debunked 2020 election fraud claims
This brings up something William Saletan said in the Greg Sargent piece linked above.
I mean, picture yourself in Donald Trump’s shoes at a Trump rally. You’re looking out over the podium. What are you seeing? You’re seeing mostly a sea of white people, and you’re seeing a sea of white people cheering you as you slur various ethnic minorities, in particular the Somalis lately, right?
So you live in this bubble where everybody agrees with you, and you generally are in denial of polls, although we just had an exception there. So yeah, you’re gonna think that people are voting your way.
And of course, the 2020 election denial itself is about Donald Trump’s inability to accept that outside his bubble, people voted against him, right? That can’t be true. So he thinks this issue is a winner for him. I gotta underscore, Greg, that I am kind of dismayed that there isn’t more of a backlash against this.
It’s hard to know with Trump. He may genuinely believe he rightfully won in 2020. Or, on some fuzzy, subconscious level he may know that Joe Biden got more votes, but he thinks he was entitled to those votes and if he just throws a big enough tantrum the votes will be given to him. And he’s not going to give up as long as he’s breathing.

