Leonardo Garcia Venegas was detained by immigration agents while filming a raid on his worksite, despite having a REAL ID on him and telling the officers he was a citizen.
Reporting Highlights
Americans Detained: The government doesn’t track how many citizens are held by immigration agents. We found more than 170 cases this year where citizens were detained at raids and protests.
Held Incommunicado: More than 20 citizens have reported being held for over a day without being able to call their loved ones or a lawyer. In some cases their families couldn’t find them.
Cases Wilted: Agents have arrested about 130 Americans, including a dozen elected officials, for allegedly interfering with or assaulting officers, yet those cases were often dropped.
These highlights were written by the reporters and editors who worked on this story.
When the Supreme Court recently allowed immigration agents in the Los Angeles area to take race into consideration during sweeps, Justice Brett Kavanaugh said that citizens shouldn’t be concerned.
“If the officers learn that the individual they stopped is a U.S. citizen or otherwise lawfully in the United States,” Kavanaugh wrote, “they promptly let the individual go.”
About two dozen Americans have said they were held for more than a day without being able to phone lawyers or loved ones.
Videos of U.S. citizens being mistreated by immigration agents have filled social media feeds, but there is little clarity on the overall picture. The government does not track how often immigration agents hold Americans.
So ProPublica created its own count.
We compiled and reviewed every case we could find of agents holding citizens against their will, whether during immigration raids or protests. While the tally is almost certainly incomplete, we found more than 170 such incidents during the first nine months of President Donald Trump’s second administration.
Among the citizens detained are nearly 20 children, including two with cancer. That includes four who were held for weeks with their undocumented mother and without access to the family’s attorney until a congresswoman intervened.
Immigration agents do have authority to detain Americans in limited circumstances. Agents can hold people whom they reasonably suspect are in the country illegally. We found more than 50 Americans who were held after agents questioned their citizenship. They were almost all Latino.
Immigration agents also can arrest citizens who allegedly interfered with or assaulted officers. We compiled cases of about 130 Americans, including a dozen elected officials, accused of assaulting or impeding officers.
These cases have often wilted under scrutiny. In nearly 50 instances that we have identified so far, charges have never been filed or the cases were dismissed. Our count found a handful of citizens have pleaded guilty, mostly to misdemeanors.
Among the detentions in which allegations have not stuck, masked agents pointed a gun at, pepper sprayed and punched a young man who had filmed them searching for his relative. In another, agents knocked over and then tackled a 79-year-old car wash owner, pressing their knees into his neck and back. His lawyer said he was held for 12 hours and wasn’t given medical attention despite having broken ribs in the incident and having recently had heart surgery. In a third case, agents grabbed and handcuffed a woman on her way to work who was caught up in a chaotic raid on street vendors. In a complaint filed against the government, she described being held for more than two days, without being allowed to contact the outside world for much of that time. (The Supreme Court has ruled that two days is generally the longest federal officials can hold Americans without charges.)
George Retes, an American combat veteran, at the site of his arrest by immigration agents on California’s Central Coast. Retes was detained for three days without access to a lawyer and missed his daughter’s third birthday.
In response to questions from ProPublica, the Department of Homeland Security said agents do not racially profile or target Americans. “We don’t arrest US citizens for immigration enforcement,” wrote spokesperson Tricia McLaughlin.
A top immigration official recently acknowledged agents do consider someone’s looks. “How do they look compared to, say, you?” Border Patrol chief Gregory Bovino said to a white reporter in Chicago.
The White House told ProPublica that anyone who assaults federal immigration agents would be prosecuted. “Interfering with law enforcement and assaulting law enforcement is a crime and anyone, regardless of immigration status, will be held accountable,” said the Deputy Press Secretary Abigail Jackson. “Officers act heroically to enforce the law, arrest criminal illegal aliens, and protect American communities with the utmost professionalism.”
A spokesperson for Kavanaugh did not return an emailed request for comment.
An immigration raid on 79-year-old Rafie Ollah Shouhed’s car wash left him with broken ribs.Courtesy of Rafie Ollah Shouhed. Compiled by ProPublica.
Tallying the number of Americans detained by immigration agents is inherently messy and incomplete. The government has long ignored recommendations for it to track such cases, even as the U.S. has a history of detaining and even deporting citizens, including during the Obama administration and Trump’s first term.
We compiled cases by sifting through both English- and Spanish-language social media, lawsuits, court records and local media reports. We did not include arrests of protesters by local police or the National Guard. Nor did we count cases in which arrests were made at a later date after a judicial process. That included cases of some people charged with serious crimes, like throwing rocks or tossing a flare to start a fire.
Experts say that Americans appear to be getting picked up more now as a result of the government doing something that it hasn’t for decades: large-scale immigration sweeps across the country, often in communities that do not want them.
In earlier administrations, deportation agents used intelligence to target specific individuals, said Scott Shuchart, a top immigration official in the Biden, Obama and first Trump administrations. “The new idea is to use those resources unintelligently” — with officers targeting communities or workplaces where undocumented immigrants may be.
When federal officers roll through communities in the way the Supreme Court permitted, the constitutional rights of both citizens and noncitizens are inevitably violated, argued David Bier, the director of immigration studies at the libertarian Cato Institute. He recently analyzed how sweeps in Los Angeles have led to racial profiling. “If the government can grab someone because he’s a certain demographic group that’s correlated with some offense category, then they can do that in any context.”
Cody Wofsy, an attorney at the American Civil Liberties Union, put it even more starkly. “Any one of us could be next.”
The video Garcia Venegas made of an immigration raid on a construction site shows him walking away from the officer while trying to film and then stating that he’s a citizen before being detained.Courtesy of Garcia Venega
When Kavanaugh issued his opinion that immigration agents can consider race and other factors, the Supreme Court’s three liberal justices strongly dissented. They warned that citizens risked being “grabbed, thrown to the ground, and handcuffed simply because of their looks, their accents, and the fact they make a living by doing manual labor.”
Leonardo Garcia Venegas appears to have been just such a case. He was working at a construction site in coastal Alabama when he saw masked immigration agents from Homeland Security Investigations hop a fence and run by a “No trespassing” sign. Garcia Venegas recalled that they moved toward the Latino workers, ignoring the white and Black workers.
Garcia Venegas began filming after his undocumented brother asked agents for a warrant. In response, the footage shows, agents yanked his brother to the ground, shoving his face into wet concrete. Garcia Venegas kept filming until officers grabbed him too and knocked his phone to the ground.
Other co-workers filmed what happened next, as immigration agents twisted the 25-year-old’s arms. They repeatedly tried to take him to the ground while he yelled, “I’m a citizen!”
Officers pulled out his REAL ID, which Alabama only issues to those legally in the U.S. But the agents dismissed it as fake. Officers held Garcia Venegas handcuffed for more than an hour. His brother was later deported.
Leonardo Garcia Venegas told agents he was a citizen both times he was detained. His REAL ID was dismissed as a fake.
Garcia Venegas was so shaken that he took two weeks off of work. Soon after he returned, he was working alone inside a nearly built house listening to music on his headphones when he sensed someone watching him. A masked immigration agent was standing in the bedroom doorway.
This time, agents didn’t tackle him. But they again dismissed his REAL ID. And then they held him to check his citizenship. Garcia Venegas says agents also held two other workers who had legal status.
DHS did not respond to ProPublica’s questions about Garcia Venegas’ detentions, or to a federal lawsuit he filed last month. The agency has previously defended the agents’ conduct, saying he “physically got in between agents and the subject” during the first incident. The footage does not show that, and Garcia Venegas was never charged with obstruction or any other crime.
Garcia Venegas’ lawyers at the nonprofit Institute for Justice hope others may join his suit. After all, the reverberations of the immigration sweeps are being felt widely. Garcia Venegas said he knows of 15 more raids on nearby construction sites, and the industry along his portion of the Gulf Coast is struggling for lack of workers.
Kavanaugh’s assurances hold little weight for Garcia Venegas. He’s a U.S. citizen of Mexican descent, who speaks little English and works in construction. Even with his REAL ID and Social Security card in his wallet, Garcia Venegas worries that immigration agents will keep harassing him.
“If they decide they want to detain you,” he said. “You’re not going to get out of it.”
Men building a home in rural Baldwin County, Alabama. Garcia Venegas was detained by immigration agents twice while working on homes in the area.
George Retes was among the citizens arrested despite immigration agents appearing to know his legal status. He also disappeared into the system for days without being able to contact anyone on the outside.
The only clue Retes’ family had at first was a brief call he managed to make on his Apple Watch with his hands handcuffed behind his back. He quickly told his wife that “ICE” had arrested him during a massive raid and protest on the marijuana farm where he worked as a security guard.
Still, Retes’ family couldn’t find him. They called every law enforcement agency they could think of. No one gave them any answers.
Eventually, they spotted a TikTok video showing Retes driving to work and slowly trying to back up as he’s caught between agents and protestors. Through the tear gas and dust, his family recognized Retes’ car and the veteran decal on his window. The full video shows a man — Retes — splayed on the ground surrounded by agents.
George Retes’ family noticed his car in a compiled video posted to TikTok. This clip from that longer video shows his white vehicle surrounded by tear gas. Immigration agents later pinned him on the ground.nota.sra/TikTok
Retes’ family went to the farm, where local TV reporters were interviewing families who couldn’t find their loved ones.
“They broke his window, they pepper sprayed him, they grabbed him, threw him on the floor,” his sister told a reporter between sobs. “We don’t know what to do. We’re just asking to let my brother go. He didn’t do anything wrong. He’s a veteran, disabled citizen. It says it on his car.”
Retes was held for three days without being given an opportunity to make a call. His family only learned where he had been after his release. His leg had been cut from the broken glass, Retes told ProPublica, and lingering pepper spray burned his hands. He tried to soothe them by filling sandwich bags with water.
Retes recalled that agents knew he was a citizen. “They didn’t care.” He said one DHS official laughed at him, saying he shouldn’t have come to work that day. “They still sent me away to jail.” He added that cases like his show Kavanaugh was “wrong completely.”
DHS did not answer our questions about Retes. It did respond on X after Retes wrote an op-ed last month in the San Francisco Chronicle. An agency post asserted he was arrested for assault after he “became violent and refused to comply with law enforcement.” Yet Retes had been released without any charges. Indeed, he says he was never told why he was arrested.
Retes said that agents knew he was a citizen. “They didn’t care.”
The Department of Justice has encouraged agents to arrest anyone interfering with immigration operations, twiceordering law enforcement to prioritize cases of those suspected of obstructing, interfering with or assaulting immigration officials.
But the government’s claims in those cases have often not been borne out.
Daniel Montenegro was filming a raid at a Van Nuys, California, Home Depot with other day-laborer advocates this summer when, he told ProPublica, he was tackled by several officers who injured his back.
Bovino, the Border Patrol chief who oversaw the LA raids and has since taken similar operations to cities like Sacramento and Chicago, tweeted out the names and photos of Montenegro and three others, accusing them of using homemade tire spikes to disable vehicles.
“I had no idea where that story came from,” Montenegro told ProPublica. “I didn’t find out until we were released. People were like, ‘We saw you on Twitter and the news and you guys are terrorists, you were planning to slash tires.’ I never saw those spike tire-popper things.”
Officials have not charged Montenegro or the others with any crimes. (Bovino did not respond to a request for comment, while DHS defended him in a statement to ProPublica: “Chief Bovino’s success in getting the worst of the worst out of the country speaks for itself.”)
The government’s cases are sometimes so muddied that it’s unclear why agents actually arrested a citizen.
Andrea Velez was charged with assaulting an officer after she was accidentally dropped off for work during a raid on street vendors in downtown Los Angeles. She said in a federal complaint that officers repeatedly assumed she did not speak English. Federal officers later requested access to her phone in an attempt to prove she was colluding with another citizen arrested that day, who was charged with assault. She was one of the Americans held for more than two days.
DHS did not respond to our questions about Velez, but it has previously accused her of assaulting an officer. A federal judge has dismissed the charges.
Other citizens also said officers accused them of crimes and suddenly questioned their citizenship — including a man arrested after filming Border Patrol agents break a truck window, and a pregnant woman who tried to stop officers from taking her boyfriend.
“The often-inadequate guardrails that we have for state and local government — even those guardrails are nonexistent when you’re talking about federal overreach,” said Joanna Schwartz, a professor at UCLA School of Law.
More than 50 members of Congress have also written to the administration, demanding details about Americans who’ve been detained. One is Sen. Alex Padilla, a California Democrat. After trying to question Noem about detained citizens, federal agents grabbed Padilla, pulled him to the ground and handcuffed him. The department later defended the agents, saying they “acted appropriately.”
“Hey hey, ho ho, Donald Trump has got to go,” protestors chanted in the middle of Times Square, among a sea of signs that read “love reigns not kings,” “gays against faux-king Trump,” “we stand with … our trans family” and “the future is coming.”
On Saturday, independent analysts estimated that the No Kings March drew between 5 and 8 million people, and organizers say over 7 million people attended 2,700 events across all 50 states. The event, which was organized to push against the rise of authoritarianism in the U.S., was the largest single-day protest in America since 1970.
Over 100,000 New Yorkers marched in all five boroughs in NYC on Saturday. Photo by Jelinda Montes.
Among the crowd were countless LGBTQ people, fighting back against an administration that has introduced a litany of anti-LGBTQ executive orders and used vile rhetoric to denigrate queer people. This backsliding of LGBTQ rights, according to experts, has a deep connection to authoritarianism, with research showing that when governments weaken protections for queer and trans people, they often turn to broader democratic institutions next.
“Threats to democratic institutions and threats to LGBTQ rights are mutually reinforcing, generating a vicious cycle that strengthens authoritarian control,” Ari Shaw, director of International Programs at the Williams Institute, told Uncloseted Media. “Increased persecution of minority groups, including LGBTI people, is itself evidence of democratic backsliding by indicating the erosion of liberal democratic norms [meant to protect] minority rights.”
Legal Abuse of Power
One of the ways the Trump administration’s abuse of power has been most evident is through its legal actions.
He’s also slashed HIV funding at a staggering rate. Uncloseted Media estimates that the National Institutes of Health has terminated more than $1 billion worth of grants to HIV-related research, including 71% of all global HIV grants.
Jeffrey Cipriano at the NYC No Kings protest Saturday. Photo by Jelinda Montes.
It was these cuts that prompted Brooklynite Jeffrey Cipriano to turn out to protest. “The specific reason that I’m protesting is actually on the shirt I’m wearing,” says Cipriano.
“My best friend works for an organization called AIDS United. … His job is to travel the country and help people get AIDS medication, specifically trans and unhoused community members. But his job is at risk,” he says. “The end outcome of his work is that people who have issues in their lives have the issues resolved and that’s going away under the current administration.”
Executive orders are based on powers granted to the president by the U.S. Constitution or by Congressional statutes. The president cannot use an executive order to create new laws or spend money unless Congress has authorized it. They are meant to direct how existing laws are implemented. But Trump has ignored democratic norms, often filling agencies with loyal supporters, using orders to go after political opponents and pushing the limits of what the law allows.
In some cases, he has moved illegally. “The President is directing various executive branch officials to adopt policy that has either not yet been adopted by Congress or is in violation of existing statutory law,” says Jodi Short, professor of law at UC Law San Francisco. “The analogy to a king and what has troubled many about this presidency is the sheer consolidation of executive branch power in one individual.”
Short’s colleague, Dave Owen, agrees. “Illegality has been rampant,” he told Uncloseted Media in an email. “People are often cynical about the government, and they might think what Trump’s doing is nothing new. But most of the time, the executive branch takes the law seriously, and both legal constraints and norms of good governance matter,” he wrote. He says that through history, there’s been “a lot more integrity and a lot less lawlessness than most people realize.”
“This administration has broken with those traditions,” he adds.
Revolt Against Executive Orders
Many Americans have recognized this. A survey from April found that 85% of Americans agreed or strongly agreed that the president should obey federal court rulings even if he doesn’t like them.
In response to Trump’s overreach, more than 460 legal challenges have been filed across the country challenging his executive actions. One of these is a federal lawsuit by Lambda Legal and the Human Rights Campaign Foundation that challenges the constitutionality of the Trump administration’s ban on military service by transgender people. Another lawsuit challenges Trump’s order directing federal agencies to withhold funds from medical providers and institutions that provide gender-affirming medical treatments for people under 19.
Zoe Boik and her father, Derik, protesting on Saturday. Photo by Sean Robinson.
Both of those lawsuits are one reason 17-year-old Zoe Boik came out to protest with her friends and her dad. “Obviously, I’m disappointed and kind of helpless because there’s nothing I can directly do to change or impact anything that’s going on,” says Boik, who identifies as pansexual and gender fluid and is not legally allowed to vote.
Boik—who was seven years old when Trump announced his run for presidency in 2015—says she’s doing a research paper on Trump’s trans military ban and is frustrated because she sees it as inexplicable discrimination. “They’re not letting trans people serve … which doesn’t make any sense.”
Zoe as a child with her dad, Derik. Photo courtesy of Boik.
LGBTQ Rights and Democratic Backsliding
This type of blatant discrimination is often a key sign of a country moving closer to authoritarianism and away from democracy. According to a 2023 research paper by Shaw and his colleagues, anti-LGBTQ stigma may contribute “to the erosion of democratic norms and institutions.”
The paper found that when a country with relatively high acceptance of LGBTQ rights introduces anti-LGBTQ legislation, it clashes with what most people believe and can weaken public trust in democracy, deepen political divides and make it easier for populist or extremist movements to gain power.
“The level of acceptance of LGBTQ people is closely associated with the strength of democracy in a country,” Shaw says. “In some cases, we even saw that rising anti-LGBTQ rhetoric or policies preceded a broader decline in democracy.”
In Brazil, for example, early democratic gains coincided with rising LGBTQ acceptance, including legal recognition of same-sex unions and workplace protections. But as populist President Jair Bolsonaro came into power in 2019, he began questioning—without evidence—the security of Brazil’s voting systems, saying he would only lose his re-election campaign if there were fraud. He was also accused of trying to intervene in operations held by the Federal Police about the alleged criminal conduct of his sons, and he told his ministers that he had the power and he would interfere—without exception—in all cabinet ministries. At the same time, LGBTQ protections were rolled back, and schools and civil society faced censorship, suggesting that falling LGBTQ acceptance may have “preceded Brazil’s democratic erosion,” according to Shaw’s paper. In September of this year, Bolsonaro was sentenced to 27 years in prison for plotting a military coup.
Another example is Poland’s democracy weakening since 2015 under the Law and Justice Party, which consolidated power by undermining the Constitutional Tribunal, installing loyal judges and restricting independent media. Anti-LGBTQ rhetoric became central to the party’s nationalist platform, fueling the creation of nearly 100 “LGBT ideology free zones,” inciting violence against LGBTQ individuals and stymying legal recourse through politicized courts.
When it comes to LGBTQ rights, Trump has mimicked the moves of these leaders even though most of his constituents don’t want it: A 2022 survey from the Public Religion Research Institute found that 80% of Americans favor laws that would protect LGBTQ people against discrimination.
“The definition of an authoritarian system is a system where power is consolidated in one individual whose power is unchecked by any other institution. And I fear that in certain domains, that’s the direction in which this administration is trying to move us,” says Short. “I think it’s incredibly dangerous.”
Attacks on Higher Education
Another common tool in the authoritarian playbook is attacking higher education.
While many universities are rejecting Trump’s demands, others are experiencing a chilling effect, changing their policies before the administration tries to hold up funds.
James Revson, Maddy Everlith and Shay Wingate holding their signs at the No Kings protest. Photo by Jelinda Montes.
“I’m here because I’m angry and I feel that we aren’t angry enough,” Maddy Everlith, a sophomore gender studies major at Pace University, told Uncloseted Media as she marched with her friends. “Being a woman of color in America and having so many intersectional identities is also what affects me. … I want to stand up and advocate for other people.”
Everlith’s university responded to Trump’s threats in September by renaming its DEI office to the “Division of Opportunity and Institutional Excellence.”
“I am beyond horrified how quickly our university was willing to bend the knee on this decision,” Austin Chappelle, a senior at Pace, told the student newspaper. This change comes in the midst of uncertainty under the Trump administration, which has already caused many LGBTQ students to feel uneasy on campus.
“It’s part of an electoral strategy to try to mobilize right-wing voters to distract from other sorts of political or economic scandals,” Shaw says, adding that this tactic is another way to gain power.
Lars Kindem protesting for his trans sister at the No Kings protest. Photo by Sean Robinson.
The pain of this rhetoric has affected millions of trans Americans and allies alike, including Lars Kindem, a 64-year-old retired pilot from Minnesota who was marching to support his transgender sister.
“What Trump has done is he’s taken people that haven’t done anything wrong and has turned them into scapegoats,” he says, adding that Trump’s language is “hateful, petty, mean and hurtful.”
He says his sister and her partner are having issues getting the correct gender markers issued on their passports. Because of the Trump administration’s treatment of the community, they are making plans to move to Denmark, where “there’s a lot more acceptance.”
Christian Nationalism
This scapegoating has played into the hands of Trump’s voter base of white evangelical Protestants, the only major Christian denomination in the U.S. in which a majority believes society has gone too far in accepting transgender people.
Since 2020, Trump has increasingly embraced Christian nationalism in his rhetoric and imagery. He’s sold Bibles, created a federal task force on anti-Christian bias and been intrinsically linked to Project 2025, the 920-page plan calling for the establishment of a government imbued with “biblical principles” and run by a president who holds sweeping executive powers.
Experts say that “a strong authoritarian streak” runs through conservative Christianity. A 2023 study found that supporters of Christian nationalism tend to support obedience to authority and the idea of authoritarian leaders who are willing to break the rules. Nearly half of Christian nationalists support the notion of an authoritarian leader.
“They are trying to use the language of Christianity, but they are abusing it and misusing it constantly,” Rev. Chris Shelton, a gay pastor at the protest, told Uncloseted Media. “Our faith is all about reaching out to the marginalized, reaching out to the people who are ostracized by society and embracing them and offering love and welcome and a sense of dignity and worth. And to see any human being’s worth being denied is just a mockery of our faith.”
Rev. Chris Shelton marched in Saturday’s NYC protest. Photo by Sean Robinson.
Heidi Beirich, the vice president and co-founder of the Global Project Against Hate and Extremism, says that “the LGBTQ community is the prime target of modern authoritarian regimes.”
“For Christian nationalists, attacking LGBTQ rights is the first pillar in destroying civil rights for all. This has happened in countries like Hungary and Poland as authoritarianism consolidated and now it’s happening here,” Beirich told Uncloseted Media.
Moving Forward
As the country bleeds toward authoritarianism, LGBTQ protestors are encouraging people to use their voice, something the queer community is familiar with doing: One 2012 survey found that queer folks are 20 times more likely to be active in liberal social movements than their straight, cis counterparts.
“It is imperative that people continue to pay attention,” Short says. “There is so much going on, a lot of it is disturbing and intense, and there’s such a strong impulse to look away. But we have to engage in political action and resist inappropriate assertions of authority and continue to show up and vote for our democracy.”
17-year-old Zoe Boik is ready. She remembers being in second grade and crying the day after Trump won his first election in 2016. She couldn’t believe how he could lead the country despite “all the bad things he said.”
Boik can’t wait until the midterm elections, when she will be 18 and finally able to vote. “If we don’t vote, then our voices won’t be heard,” she says.
Despite this, she’s also concerned about her freedom to exercise that right being jeopardized.
“My fears about Trump don’t stem specifically from me being queer, but from his authoritarianism as a whole,” she says. “I am scared about how far he will move into dictatorship, [and] my biggest fear is that our right to vote will be compromised, leaving us no recourse.”
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An Uncloseted Media investigation finds that Alberta’s government is using many of the same tactics that were used to pass anti-LGBTQ bills in the Deep South.
Jay, a 24-year-old trans man who immigrated from East Africa to Canada in 2016, used to think of Canada as a safe place for queer people. But with Alberta—arguably Canada’s most conservative province—attempting to pass the country’s first gender-affirming care ban, he doesn’t feel this way anymore. “It’s really heartbreaking as a person who, back home, would not be able to live the way that I do, seeing the same rights being stripped away from folks here,” says Jay, who asked to go by first name because he’s not out to everyone in his life.
Since September, when Alberta’s anti-trans sports ban and pronoun policy officially went into effect, Jay has felt his province’s values inch closer to those of the U.S.
“I’m constantly thinking maybe I should leave this province. It’s not very safe for me here,” he told Uncloseted Media. “It’s starting to feel like a foreign place.”
Alberta’s anti-trans policy push started making headlines last year. On Dec. 3, 2024, more than 80 Albertan politicians assembled in the province’s capital, Edmonton, to debate the Health Statutes Amendment Act, also known as Bill 26. The act—which is likely to go into effect—would impose the strictest ban on gender-affirming care for minors that Canada has ever seen.
Conservative Adriana LaGrange, who in 2019 introduced an amended act that made it legal for parents to be notified if their child joins a gay-straight alliance, sponsored the bill. During the assembly, LaGrange told her colleagues a ban “would preserve choice so that [minors] can make adult decisions in the future,” and that while “Albertans know that our government is committed to safeguarding individuals’ rights … there are times when public health measures must be taken to keep our communities safe.”
As the legislative debate continued, Sarah Hoffman, a member of the Legislative Assembly for the New Democratic Party (NDP), accused Alberta Premier Danielle Smith and those closest to her of “playing political games that will have potentially deadly consequences for teens.” And Peggy Wright, another member of the NDP, referenced American trans kids whose lives have been upended from similar state bans: “Kids in the United States shouldn’t have to travel away from home to get the health care that they deserve, and neither should the kids that I know that are already thinking about what it is that they’re going to do once this [Canadian] legislation is passed. … As a mom, as a grandma, I am asking that every single person in this House think about those kids in your life. What kind of a future do you want for them?”
Alberta Legislature, facing the front entrance. Photo by Daryl Mitchell.
After this assembly, Alberta’s plans for the ban were stalled when families of transgender children and LGBTQ groups took legal action against the province. But on Nov. 17, Premier Smith announced her government will attempt to nullify this litigation and enact the ban by using a constitutional provision called the notwithstanding clause. If it goes through, this clause—which was used inAlberta in 2000 to push through legislation opposing gay marriage—will override efforts to stop the ban for up to five years.
“I’m not aware, and I have looked into it, of any other constitutional democracy in the world that has a similar provision,” says Bennett Jensen, director of legal at Egale Canada, one of the groups that pursued legal action against Alberta.
“[Smith] has been following in the steps of some of the worst actions of lawmakers in the United States,” he says. “It’s really important, especially for Americans, to understand that with the exception of the pronoun component of this, all these other laws are new in Canada. No government has ever acted to ban gender-affirming care for minors before.”
Following in Alabama’s Footsteps
Jensen sees a connection between Alberta’s anti-trans policy and that of the United States, where the American Civil Liberties Union (ACLU) is tracking over 600 anti-LGBTQ bills. He points to the provincial government’s citation of an Alabama ban, known as the Vulnerable Child Compassion and Protection Act, that prohibits the prescription of hormones and puberty blockers for minors, as well as gender-affirming surgeries. This legislation also establishes criminal penalties for doctors who violate the ban and requires parents to be notified if their child wishes to change their name or pronouns in school.
The Alberta government submitted an affidavit to the provincial court citing Alabama’s ban. This included the Alabama bill as well as a written statement by Clay Crenshaw, the state’s chief deputy attorney general.
Crenshaw spent nearly $1 million to defend the Alabama ban and told legislators he hired “lawyers from the Cooper & Kirk law firm up in D.C. to help [them] with the transgender litigation.” This law firm is known for legislating against LGBTQ rights and led the defense when Californians challenged their state’s decision to prohibit same-sex marriage.
Alberta’s ban mirrors Alabama’s in that it prohibits surgeries, puberty blockers and hormone replacement therapy for minors, though—unlike Alabama—they would allow youth who are already receiving gender-affirming care to continue receiving it.
“[The Alberta government] relied on information from the government of Alabama in the context of its ban on gender-affirming care,” says Jensen. “So the government seems to be deeply informed by the actions of American lawmakers, and that is deeply troubling.”
A Shared Expert Witness
Alberta also hired James Cantor, one of the expert witnesses that Alabama used to push its ban through. Cantor is a Canadian psychologist who has acted as an expert witness in dozens of U.S. cases on trans issues. He was first hired in 2021 by the Southern Poverty Law Center-designated anti-LGBTQ hate group Alliance Defending Freedom. The Christian legal group has advocated for laws banning sodomy, has helped overturn Roe v. Wade, and is currently arguing the Supreme Court to overturn Colorado’s conversion therapy ban.
In a 2024 interview, Cantor told Uncloseted Media that his perspective on trans rights makes him “marketable” to U.S. conservatives. He compares his testimony to Marisa Tomei’s feisty character in “My Cousin Vinny” and references “Ally McBeal” and musical comedy “Schmigadoon!” as theatrical elements involved in being an expert witness.
“The first time I was going in court, we were just laughing,” says Cantor. “It was just teasing about how I love being a performer on stage enjoying an audience, and here I am doing it in a courtroom. … In Ohio, there was a television camera for the news at the courtroom. The next day on social media, all I kept hearing was what a good hair day I was having.”
Cantor is cited at least 36 times throughout Alabama’s defense of its gender-affirming care ban.
In his expert witness testimony in Alberta, Cantor makes dubious claims, including that trans adults consist “primarily of biological males and only those sexually attracted to females” and that kids identifying as trans “is a distinct phenomenon that, without social transition, usually desists.”
In taking legal action against the Alberta government, Egale Canada stated in February that “Dr. Cantor’s astonishing lack of insight into the limitations of his own expertise is wholly inconsistent with the role of an expert in a court proceeding and is disqualifying in itself.” And in a West Virginia Court case where they used Cantor’s expert testimony, the ACLU argued that Cantor’s “views, which pathologize transgender people … are irrelevant, harmful, and unfit for use by the Court.”
Even in Alabama, one of America’s most conservative states, U.S. District Judge Liles C. Burke wrote in his opinion and order that he gave Cantor’s testimony as an expert witness “very little weight” after it was uncovered that he had never treated a transgender child.
Still, Alberta hired him as an expert witness.
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So Ron and his sister arrived two days ago. Lucky for me she is a doer who jumps in to do stuff and doesn’t wait for others to do for her. She has really helped Ron get a lot of stuff done. She helps when my back goes out. She is doing supper right now so I can catch up on the last few days of news. I really hope she finds a place to her tastes here as she is a good influence for Ron. Hugs, loves to all, and best wishes to all who wish them. Scottie
Thanks to Ron’s sister jumping in and doing all the extra stuff I have been trying to do I can rest my back while doing my posting. I could get used to this. Hugs
tRump’s illegal war for profit to please the corporations he told to give him a billion dollars for his campaign and he would do what ever they asked. Wow US military young adults sold for tRump’s profit. Hugs
The $1,776 per person bonuses, unveiled by Trump in his nationwide address Wednesday night, will be covered with funding approved in the Big Beautiful Bill that passed in July, according to the congressional officials and later confirmed by the Pentagon. The payouts — which will cost roughly $2.6 billion — will be a “one-time basic allowance for housing supplement to all eligible service members,” said the official.
The Trump administration announced several moves Thursday that will have the effect of essentially banning gender-affirming care for transgender young people, even in states where it is still legal.
The second would block all Medicaid and Medicare funding for any services at hospitals that provide pediatric gender-affirming care.
Really stupid things say and blame democrats for just because they think it sounds good not realizing how dumb it seems.
As Democracy Docket previously reported, in his previous role as a prosecutor in the Los Angeles district attorney’s office, Neff was put on leave after bringing charges against an election software executive based on information from conspiracy-driven election denier group True the Vote. The saga ultimately cost taxpayers $5 million to settle a lawsuit over the flawed prosecution.
Neff is also affiliated with True The Vote, the far-right QAnon group featured in Dinesh D’Souza’s debunked “2000 Mules” film.
Slumped over in his chair at the Resolute desk, Trump’s face slackened—eyes drooping, the corners of his mouth sagging—as he fought off sleep. The elderly president has now been caught appearing to doze off at four official events in six weeks.
1,300 bed concentration camp with no way out just for not being able to pay the rent. If you watch the video you see these anti-homeless lock them up solutions to make homeless disappear are coming from right wing billionaire funded think tanks. Again this is a war on the poor. And seriously with costs going up how long until being poor is anyone the wealthy don’t like. So many dystopian movies have this same start. Hugs
This is incredible and the best I have felt in 5 months. I have had so much old news, many hundreds of back logged news I wanted to share. I recently found out that the mail stuff I would share was stuck on my phone so did not post. I cleared that. Today right now all old news mail articles are posted, the stuff I want to share is posted. I still have to do the video on what happened because I got long term Covid. Sadly I was able to do this because Ron was gone to Texas to help his sister and now they are on their way home. More pressure to do as much as I can with my pain and disability. So I have two more rooms to work on before they get here later this week. I want to do a video on the entire thing but may not. My goal was to clear all these tabs and then do videos …. but we will see, Hugs
The city, home to one of the largest Muslim populations in the United States, has recently become a repeated target for out-of-state activists who falsely claim it operates under “Sharia law.” The tensions began when Jake Lang, a Jan. 6 rioter who has described himself as a political prisoner, arrived on Michigan Avenue attempting to burn a Quran.
Federal law enforcement agencies are detaining US citizens who do not carry proof of their citizenship in what civil rights advocates describe as a flagrant violation of constitutional rights—and a top Trump administration official is claiming the government has the authority to do so. Bovino recently lied in court about being hit with a rock by anti-ICE protesters, despite video showing that never happened. According to reports, some Border officials privately refer to Bovino a “Little Napoleon” due to his height and volatile temper.
Things that are just wrong on too many levels / Medical Misinformation / tRump’s illegal war to steal oil / Rule by decree
The pilot of a JetBlue flight reported on Friday that he narrowly avoided colliding with a U.S. military aircraft over the Caribbean after an Air Force refueling tanker passed in front of the commercial plane without broadcasting its position, according to air traffic control radio communications.
It would reduce in prominence the headquarters of U.S. Central Command, U.S. European Command and U.S. Africa Command by placing them under the control of a new organization known as U.S. International Command. Those familiar with the plan said it aligns with the Trump administration’s national security strategy, released this month, that declares that the “days of the United States propping up the entire world order like Atlas are over.”
Their way to rid themselves of officers who will refuse to follow an illegal order and put command in the hands of those who will. All of this is to reduce the number of Admirals and Generals who could credibly disobey the illegal orders that will be coming soon.
This past September, the Trump administration terminated these agreements. The center’s former head, James Rubin, called this decision “a unilateral act of disarmament,” and no wonder: In effect, the United States was declaring that it would no longer oppose Russian influence campaigns, Chinese manipulation of local politics, or Iranian extremist recruitment drives. Nor would the American government use any resources to help anyone else do so either.
Foreign nationals can now pay $1 million plus a $15,000 processing fee for the Trump Gold Card, which grants them U.S. residency “in record time,” the website states. Corporations, meanwhile, can also partake in the program by making a $2 million contribution and paying the $15,000 processing fee.
The St. Louis-based lawyer declined to share copies, citing his clients’ privacy, but said most are seeking $1 million to $10 million for alleged injuries and property damage during their arrest, prosecution and, in many cases, imprisonment. Earlier this year, US officials agreed to pay nearly $5 million this year to settle a claim brought by the family of Ashli Babbitt, who was shot and killed by a police officer inside the Capitol on Jan. 6.
In the lawsuit filed Wednesday, Uthmeier’s office alleged that for the “past five years and continuing to the present day, defendant has excluded or disfavored nonminorities in numerous employment practices and programs.”
The move is part of the administration’s wider campaign to scrub federal institutions of “corrosive ideology” recognizing historical racism and sexism. The directive instructs park staff to report by Friday any retail items that have content that “inappropriately disparages Americans past or living” or that includes “matters unrelated to the beauty, abundance or grandeur” of a natural feature in its description.
Hit the link for many photos of Key West homes now sporting rainbow picket fences. As for Ms. Walker, the self-proclaimed “Christian Republican” felt compelled to boast about her complaint on X.
Yet the Russian oil shadow fleet is left totally alone by the tRump admin? I wonder why the oil tankers off Venezuela are OK to attack yet the same sanctioned oil tankers of Russia are off limits? What is the difference between illegal sanctioned oil tankers? Oh yes Putin has something over on tRump. Hugs
“States have the statutory duty to preserve and protect their constituents from vote dilution,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division.
This is code for balck people voting which white supremacist feel makes their votes less important. Hugs
Saturday was shattered by two mass shootings. The first, at Brown University in Rhode Island, happened as students prepared for exams. Two people were killed and nine injured. A “person of interest,” which is a law enforcement term that means someone law enforcement wants to speak with about a crime, but whom they are not yet prepared to charge, is in custody.
Frequently, a person of interest will evolve into a suspect. But tonight, there is news that individual has been released. Rhode Island Attorney General Peter Neronha explained that although there was “some degree of evidence” that pointed to a 24-year-old Wisconsin man who was detained Sunday morning, “that evidence needed to be corroborated and confirmed, and over the last 24 hours leading into just very, very recently, that evidence now points in a different direction.”
It’s important to give law enforcement the time it needs to do its job here, to ensure that all threats to the community are fully mitigated, and as much as possible is learned about what prompted the shooting, so victims can have closure.
What seems unimaginable to people who graduated before the epidemic of school shootings is all too real for this generation of students. Today is the anniversary of the deadliest school shooting in our history, at Sandy Hook Elementary school, where the shooter killed 26 people, 20 six- and seven-year-old children and six adults. The shooter killed his mother before he drove to Sandy Hook and took his own life as law enforcement arrived at the school.
This post on threads got it absolutely right:
The second shooting was a terrorist attack launched by two men against Jews celebrating Hanukkah at the beach in Sydney, Australia, another incident in a tide of rising antisemitism. The death toll continues to climb. The shooters took the lives of a beloved rabbi and at least 14 others who were at the event for families. A Holocaust survivor and a 10-year-old girl were also among the victims. It seems impossible that this explanation needs to be offered, but increasingly, it is essential: killing innocent Jews does not help people in Gaza, if, indeed, that was the motivation here.
One point of light in the tragedy was the bravery of a local fruit shop owner, Ahmed El Ahmad, who ran towards the violence and snatched an enormous, long gun from the hands of one of the shooters. Ahmad was shot by the other terrorist and is recovering in hospital.
After this turbulent weekend, we head into a week that promises more chaos.
Judge Hannah Dugan’s Trial Starts Monday
After jury selection began late last week, trial gets underway for Wisconsin state Judge Hannah Dugan, who was indicted by the Justice Department last May for helping a noncitizen try to evade arrest by immigration authorities at the county courthouse where she sits, last April.
Judge Dugan’s capable lawyers will put on a solid defense. She has maintained she was simply trying to keep order in her courtroom and permitted the non-citizen to use one of the doors leading out of her courtroom that was less public, but that didn’t prevent agents and officers from accosting him. The message behind the indictment is clear: If they can arrest judges, no one is safe. And in the months since Duggan’s indictment, the administration has certainly expanded on it, indicting Kilmar Abrego Garcia on stale charges in apparent retaliation for his efforts to insist he was illegally deported and bringing now-failed indictments against a former FBI Director, Jim Comey, and current New York State Attorney General, Letitia James, whom Trump views as political enemies.
The good people of Wisconsin seem to understand this threat. They have been protesting even since the Judge was first detained.
We will follow the trial’s progress this week. Tuesday night at 6:30 p.m. Central, we’ll be joined by legal reporter Adam Klasfeld of All Rise News, who will be in the courtroom this week and will join us to share what’s transpiring. Make sure you mark your calendars.
Friday, DOJ is required to release the Epstein Files
On the heels of House Democrats’ release of photographs from Jeffrey Epstein’s estate last week, the Justice Department has a deadline on Friday. This is the result of the law Congress overwhelmingly passed in mid-November to force the DOJ to release its files related to Jeffrey Epstein.
Whether DOJ will comply is an entirely different matter. Trump demanded that his attorney general open an investigation into only Democrats whose names have surfaced. Bondi may well try to use that new investigation to block demands for release. We’ve already lived through a government shutdown, which seemed to be contrived at least partially to prevent the passage of the law requiring this disclosure and the record-breaking 50-day delay in swearing in newly elected Congresswoman Adelita Grijalva of Arizona. So it’s clear the administration is determined to protect the president from further disclosures like Friday’s photo of “Trump Condoms.”
Survivors deserve justice and the public demand for it is what’s driving the process here. Keep demanding.
But ultimately, if DOJ balks, that could require intervention in the courts and delay matters. Democrats, who are in the minority in both the Senate and the House, lack the ability to issue subpoenas to obtain further information from Epstein’s estate, information that could provide the source of and context for photos that were released last week and additional information like financial records and testimony from witnesses. A process like this is essential if there is going to be accountability for Epstein’s operation and the people who participated in it, benefited from it, and helped to conceal it. So it’s worth noting that Republicans currently hold a very slender majority in the House, which will narrow further with the departure of Marjorie Taylor Greene and perhaps others, even before the midterm election.
Control of the House likely determines whether the full files ever get released.
SCOTUS
The Court is done hearing oral arguments until it picks back up with them on January 12. But that doesn’t mean we might not hear from them in the form of decisions off of the shadow docket as we head into the holidays, with National Guard cases, among other issues, developing in multiple states.
Trump Excesses
This afternoon, Trump posted “Get Your TRUMP CARD today!” on Truth Social. It’s an advertisement for the so-called Trump Card, a golden ticket for those wealthy (and presumably white) enough to buy immigration status in the U.S.
Trump even helpfully added a link to where people could go to apply—on what’s being billed as “an official website of the U.S.” at trumpcard.gov
There are two options:
The Gold Card “For a $15,000 DHS processing fee* and, after background approval, a contribution of $1 million, receive U.S. residency in record time with the Trump Gold Card.”
The Platinum Card, billed as coming soon. “Foreign nationals can sign up now and secure their places on the waiting list for the Trump Platinum Card. When launched, and upon receipt of a $15,000 DHS processing fee and $5 million contribution, they will have the ability to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income.”
The ick factor is high here. It reduces the presidency and this president to the position of a cheap huckster, hawking U.S. residency to the highest bidder while violently deporting hardworking people, and in some cases, getting it wrong and grabbing American citizens and military veterans.
On September 19, Trump signed Executive Order 14351, which authorized the creation of the Gold Card program, claiming that he was “prioritizing the admission of aliens who will affirmatively benefit the Nation, including successful entrepreneurs, investors, and businessmen and women.”
There are obvious questions about the legality of this pay-for-play spectacle and the decision-making process for who qualifies. Potential immigrants make their million-dollar payments, which are referred to as a “gift.” The Executive Order says that suffices as evidence of “exceptional business ability” and “national benefit,” which is sufficient for the person paying the money, regardless of where they got it from, to receive a waiver that permits entry under the statute titled “Allocation of immigrant visas.”
A group of 20 state Attorneys General filed a lawsuit last week challenging the program.
California and Massachusetts are the lead plaintiffs in the case, which alleges that the plan violates the Administrative Procedure Act and the separation of powers and asks the court to enter a ruling that the policy is unlawful and that no action can be taken under Trump’s Executive Order and the Proclamation seeking to implement it. The plaintiffs are also asking the court to enter an injunction that would prohibit the federal government from moving forward with the plan.
It’s going to be another interesting week.
Thanks for being here with me at Civil Discourse and staying informed about what’s happening to our democracy. If you value access to the information and analysis you receive here, I hope you’ll consider getting a paid subscription if you don’t already have one.
Design by Soph Holland. Photo by Jake Wright.
