Today the Congressional Budget Office released its official analysis of the OBBBA as passed by the House several days ago, estimating that it would increase the budget deficit by $2.4 trillion over the next 10 years. This comes as unwelcome news to the Republicans, who have been asserting that the bill will not increase the deficit at all, and who have responded today by attacking the impartiality of the CBO. I’ve started working on my own summary of the CBO analysis but I think that post will need to wait until the weekend.
Three new executive actions of interest from Trump today.
First, continuing his administration’s war on Harvard, Trump has issued a proclamation that “it is necessary to restrict the entry of foreign nationals who seek to enter the United States solely or principally to participate in a course of study at Harvard University or in an exchange visitor program hosted by Harvard University,” asserting the authority to do so under provisions of the Immigration and Nationality Act that “authorize the President to suspend entry of any class of aliens whose entry would be detrimental to the interests of the United States.” This action attempts to use another route to implement a policy that a federal court had recently enjoined. Harvard has issued a brief statement calling the proclamation “yet another illegal retaliatory step taken by the Administration in violation of Harvard’s First Amendment rights.”
Second, Trump issued a proclamation imposing a travel ban on citizens of 12 countries (including Haiti and Somalia) and a partial travel ban on citizens of a further 7 countries (including Cuba and Venezuela). Unlike the controversial travel ban from early in Trump’s first term, which appeared to be rooted in animus towards Muslims, this ban appears to be grounded in data on visa overstay rates as well as concerns about countries’ passport issuance capabilities and/or historical unwillingness to accept repatriation of their deportable citizens.
Third, Trump issued a memorandum asserting that “there are serious doubts as to the decision making process and even the degree of Biden’s awareness of” executive actions taken towards the end of his term (including judicial appointments and acts of clemency), and ordering an investigation into “whether certain individuals conspired to deceive the public about Biden’s mental state and unconstitutionally exercise the authorities and responsibilities of the President.” This comes in the wake of a new book last month, co-authored by CNN anchor Jake Tappen, regarding Biden’s cognitive and physical deterioration and the steps taken by close aides to keep that largely hidden from the world. (Incidentally, a couple of weeks ago Biden was diagnosed with prostate cancer that has metastasized to the bone; his prognosis remains uncertain.)
Finally, a new district court ruling today in the J.G.G. v. Trump case, which relates to the Venezuelans that were deported in mid-March under the Alien Enemies Act to a notorious prison in El Salvador known as CECOT, with the planes already in the air by the time Judge Boasberg from D.C. was able to issue a temporary restraining order against the deportations. The gist of today’s ruling is that “Plaintiffs’ ability to bring habeas challenges to their removal must be restored … Defendants must facilitate Plaintiffs’ ability to proceed through habeas and ensure that their cases are handled as they would have been if the Government had not provided constitutionally inadequate process … absent this relief, the Government could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action.” Today’s decision does not address the merits of the government’s use of the AEA; that topic will be the subject of oral arguments in front of the 5th Circuit on June 30th in a separate case, the case formerly known as A.A.R.P. v. Trump but likely to be known going forward, for sake of minimizing confusion, as W.M.M. v. Trump.