Today is Black Friday. Especially if, like me, you immigrated here from somewhere else.
Late last night, Trump published a Truth Social post asserting that his administration would “permanently pause migration” from “Third World countries”. He also asserted that his administration would “end all federal benefits and subsidies to noncitizens.” The exact meaning of either of these phrases is, of course, not clear at present. Earlier in the day, the USCIS Director tweeted that his agency would perform a “full scale, rigorous re-examination of every Green Card for every alien from every country of concern,” later clarifying that “country of concern” referred to the 19 countries for which Trump had previously issued a partial travel ban in an early June presidential proclamation.
The proximate cause of Trump’s latest anti-immigrant screed was an attack in D.C. this week on two West Virginia National Guard members, one of whom is now dead. The assailant is a 29-year-old Afghani national who had worked with the CIA in Afghanistan and was evacuated to the U.S. with his wife and children when the U.S. exited Afghanistan in 2021, and was formally granted asylum this spring (under the Trump administration). Afghanistan is, of course, one of the 19 “countries of concern.” The assailant’s motives are unclear, although he apparently drove all the way from Washington State to D.C. in order to carry out the attack.
Turning to political news, after the Massie-Khanna discharge petition received its 218th vote and it became clear that the House vote to pass the Epstein Files Transparency Act would pass, Trump withdrew his opposition to the bill in order to avoid a vote that would splinter House Republicans. In the end the bill was passed into law with only 1 House Republican voting now, and with unanimous consent from the Senate. The bill gives the DOJ 30 days to make its records from the Epstein investigation public.
One of the key Republicans to have signed the discharge petition was controversial Georgia Congresswoman Marjorie Taylor Greene. In recent weeks, MTG and Trump publicly had a falling-out, followed shortly by MTG announcing she would resign from Congress on January 5th (rather than risk being primaried by a new Trump-endorsed candidate), delaying her resignation so that she will meet the 5-year cliff vesting for Congressional pensions.
Apparently Trump never implemented the additional 10% tariff on Canada that he announced spitefully during the World Series, in reaction to Ontario’s TV ad featuring Reagan’s anti-tariff comments from 1987. TACO, or tactics?
It’s been a relatively quiet couple of weeks in the courts. There was a surprising 2-1 5th Circuit decision overturning the recent Texas mid-decennial redistricting, on the grounds that it was a racially motivated gerrymander rather than a partisan gerrymander. Alito issued an administrative stay in Abbott vs. League of United Latin American Citizens a week ago, and both sides have submitted briefs; we’ll soon see what the shadow docket brings. This week SCOTUS re-listed the birthright citizenship cases, Trump v. Washington and Trump v. Barbara, for its next conference; this could indicate that a grant of certiorari is coming as soon as next week, but it could also indicate other outcomes.
Finally, last week the indictments against James Comey and Letitia James were dismissed, on the grounds that Lindsey Halligan was not properly appointed to her DOJ post. As Ben Wittes put it, “the government and Halligan here got off on a technicality.” Next steps in both cases remain unclear, although the odds against prosecuting Comey in particular seem very long.