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Liberal court delivers immigration win for Trump as judge warns of ‘floodgates’ if law firm succeeded

A liberal-majority appeals court in California handed the Trump administration a victory by blocking a lower court's ruling that ordered the State Department to open its application pool for the 2027 Diversity Visa lottery, which admits roughly 55,000 immigrants from low-immigration countries each year.

In a 2-1 ruling, the Ninth Circuit Court of Appeals blocked a preliminary injunction issued by U.S. District Judge Jinsook Ohta requiring the lottery pool to be opened after Secretary of State Marco Rubio issued a notice in November delaying the program's acceptance of new applications in order to "implement certain changes," but the application period never opened.

A month later, the State Department ordered an indefinite pause on issuing diversity visas after a Portuguese national who was issued a lottery visa in 2017 committed a mass shooting at Brown University, killing two people and injuring nine others. The shooter, Claudio Manuel Neves Valente, was also tied to the murder of a Massachusetts Institute of Technology (MIT) professor two days after the Brown University shooting.

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The Ninth Circuit has been a perennial thorn in the side of President Donald Trump, having ruled against key portions of Trump's 2017 executive order restricting travel from predominantly Muslim countries and blocked a policy barring immigrants from being eligible for asylum if they crossed the southern border between ports of entry.

However, the appeals court ruled that the lower court's preliminary injunction could not be enforced, finding that the immigration law firm Red Eagle, which represents individuals going through the visa lottery process, did not have standing to sue the federal government. The appeals court ruled that the program was intended to "encourage immigration, not generate revenue for law firms."

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The court wrote, "If Red Eagle Law were allowed to allege standing based upon its hypothetical or conjectural collateral injury, we would be opening the floodgates, allowing all lawyers to ‘roam the country in search of governmental wrongdoing.’"

However, the court made clear that its ruling was based on procedural grounds and did not weigh whether the State Department failed to follow the law.

"We do not endorse the Department’s failure to open the lottery registration period," the court wrote.

Abhishek Kambli, a former federal prosecutor and partner at Holtzman Vogel, said the decision by the liberal court was a "very easy call" in a post on X.

"Here, the plaintiff was a law firm not bringing a claim on behalf of someone in the diversity visa lottery but on behalf of the firm itself," Kambli wrote. "The district court should have never gone beyond standing but CA9 corrected this one."

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President Donald Trump has been vocal about his opposition to the Visa Lottery Program for years. During his January 2018 State of the Union address, he called for ending the program, arguing that visas should be issued based on merit.

Earlier that same month, Trump said during a bipartisan meeting with lawmakers at the White House that lottery visas allow the "worst of the worst" to come into the country.

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"They call it ‘visa lottery,’ I just call it ‘lottery.’ But countries come in and they put names in a hopper," Trump said. "They’re not giving you their best names; common sense means they’re not giving you their best names."

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Countries eligible for the 2026 lottery included Afghanistan, New Zealand, Ecuador, Iran, Uganda, Somalia and Russia. The program was designed to create an additional pathway for people seeking visas who may not qualify through traditional channels, such as employment- or family-based immigration.

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California election workers hit with criminal subpoenas as Trump DOJ turns up heat in voting showdown

Leadership at the Department of Justice is escalating the Trump administration’s fight with California over suspected illegal voting, directing top federal prosecutors to pursue criminal subpoenas of local and state officials.

At least four election workers in California have received federal criminal grand jury subpoenas within the last week, CalMatters reported. At least one of these subpoenas was delivered on Thursday, after a federal judge rejected the DOJ’s request that California set aside mail-in ballots associated with over 20,000 registered voters whose citizenship the Trump administration has called into question.

A subpoena sent to three election employees at the Los Angeles County Registrar-Recorder’s office requested records on how the department stops non-citizens from voting as well as "records relating to or involving evidence collected by your agency which tends to indicate an alien has voted in a federal election." An official in Orange County received a similar subpoena, local media reported.

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"This court believes it would be wise that any threats to state or county employees cease immediately," the judge said during court proceedings. "These threats must stop," he wrote in his Wednesday decision.

A Justice Department spokesperson pushed back against characterizations that the administration was targeting individuals with subpoenas, noting that receiving a subpoena doesn’t mean you are a target and that the DOJ generally doesn’t subpoena targets.

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"To be clear, the district court judge explained that voting unlawfully results in criminal exposure. Consistent with this, California also wrote in its filing that the remedy for unlawful voting is through criminal prosecution," Justice Department spokeswoman Kiersten Pels said in an emailed statement. "Thus, while DOJ maintains that a civil remedy is still available, all agree that noncitizen voting is properly addressed through criminal law."

She declined to comment on the "alleged grand jury subpoenas," citing departmental policy.

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The DOJ’s clash with California is part of a broader effort undertaken by the Trump administration to prove widespread voter fraud. While the administration has turned up a number of examples of non-citizens registered to vote in federal elections, it has yet to prove widespread illegal voting.

The DOJ has appealed the decision blocking it from compelling California to separate ballots associated with more than 20,000 registered voters it suspects may be noncitizens. Many of these ballots, however, have already been cast by early voters and anonymized, making it virtually impossible to identify them.

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The California governor’s office did not respond to a request for comment when reached by Fox News Digital on Friday.

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Unhinged judge who called Latino attorney a 'White savior' ordered to undergo psychiatric examination

A Trump-appointed judge was ordered to undergo a psychiatric examination as part of an ongoing judicial misconduct investigation after she called a Latino attorney a "White savior" who was intimidated by "Black excellence" due to his "White mediocrity" during a hearing.

U.S. District Judge Ada Brown of the Northern District of Texas, who is Black and Native American, was temporarily removed from her docket by the Fifth Circuit Judicial Council earlier this month, following a May judicial-conduct complaint filed by attorney Ezra Young, whose permission to practice before Brown had previously been revoked.

The complaint centered on Brown's rhetoric toward Young during his appearance for a show-case hearing, in which he was facing sanctions over allegations from Brown that he shared sealed court filings online. Young represented a Black law professor who sued Southern Methodist University, alleging she was denied tenure because of discrimination. He joined the case in 2022 and appeared before Brown before the judge barred him from practicing in her courtroom.

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During the April hearing, Brown railed against Young, accusing him of "bullying" the Black attorneys on the case.

"You’re the White savior, come to save all the stupid Black lawyers in Texas who need your help from New York," Brown later said, according to the transcript obtained by Bloomberg.

Brown repeatedly brought attention to Young's skin color, calling him "White presenting" and "fair-skinned" after Brown told her that he was a Latino.

"I think what’s happening here, quite candidly, is you are very intimidated for some reason, Mr. Young, with Black excellence, in light of your White mediocrity. Yeah. Right?" Brown said. "You should write that down. I mean, you — I’m — you look like a White man, right?"

She also called Young a "Chad" which she said is the male version of "Karen."

"It’s someone who calls the manager when they don’t get their way. They stomp their foot when the rules are supposed to apply to them, right?" Brown said.

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Brown also accused Young of sensationalizing the case after reading a news article that quoted his brief and referenced another law professor’s comparison of the Black professor’s treatment in the tenure dispute to a "lynching."

"And so when I read a headline — a sensationalized, very racialized headline that says, ‘it’s like I’ve been lynched,’ and it’s literally got no connection to this case, I have to ask you, Mr. Social Media, Main Character Chad, White Hero, Savior, Loves to Help Black People Be An Ally, where the lynching in this case came from?" Brown said.

The release of the April court hearing transcripts comes as Brown shared with lawyers, judges and several media outlets via email of Young's complaint and her response.

Meanwhile, in a July 28 filing responding to Young's complaint, Brown stood by her conduct.

"I do not believe my demeanor was inappropriate at any time, especially during the candid conversations about race," Brown wrote.

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"I take to heart the lessons I have learned from this experience and I ask the Chief Judge to weigh this candor, as well as my commitment to being mentored by senior judges with more experience in such situations when determining an appropriate disposition," Brown wrote. "I realize the importance of public confidence in the judiciary and take to heart my role in fostering the public’s faith in it."

President Donald Trump appointed Brown to the federal court in Texas in March 2019. She is the first Black woman to serve in that court.

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