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Former Secretary of State Hillary Clinton and former Chief of Staff Rahm Emanuel, pictured on the colonnade during a Rose Garden Press Conference with President Barack Obama on July 16, 2009.
For the Democrats to become a truly populist party, an entirely new wave of working-class candidates must come to the fore. But that won't just happen. A movement must be built and harnessed.
Donald Trump’s victory is causing James Carville, the outspoken raging Cajun who was Bill Clinton’s campaign manager in 1992, to call for the Democratic Party to go all in on a populist agenda. He wrote recently in the New York Times,
“Go big, go populist, stick to economic progress, and force them [Republicans] to oppose what they cannot be for. In unison.”
Is Carville really agreeing with the Center for Working Class Politics, which in October published the results of their YouGov survey, “Populism Wins Pennsylvania?” That report found that:
“… working-class Pennsylvanians responded most favorably to populist messages and messages that emphasized progressive economic policies. What’s more, we found little evidence that focusing on economic populism risks decreasing voter enthusiasm among core Democratic constituencies outside the working class.”
Ezra Klein, another Democratic Party influencer, picked up on that survey just before the election in November, but then dismissed it as an outlier: “Surveys like that should be treated with some skepticism”, he wrote. “The Harris team is running plenty of its own polls and focus groups and message tests.”
But the results of elections matter, and there is now a chorus of Democratic Party nouveau populists, including Rahm Emanuel, Bill Clinton’s close advisor, who went on to earn tens of millions on Wall Street.
It’s time to take a deep breath and recall how these recently minted populists helped to create the very conditions that crushed the working class. As former Senator Sherrod Brown discovered in Ohio, to this day, workers still blame the Democrats for NAFTA, the 1994 trade deal that Clinton, Carville, and Emanuel pushed that ended up costing millions of U.S. jobs.
It’s time to take a deep breath and recall how these recently minted populists helped to create the very conditions that crushed the working class.
Emanual seems these days to have become a closet Sanders supporter, claiming that Obama was way too soft on the bankers who crashed the economy in 2008:
Not only was no one held accountable, but the same bankers who engineered the crisis were aggrieved at the suggestion of diminished bonuses and government intervention. It was a mistake not to apply Old Testament justice to the bankers during the Obama administration, as some called for at the time.
Some did, at the time, but Emanuel did not. Buy hey, people do change, don’t they? Why shouldn’t we believe that the old Democrats can become real populists?
Let’s start with an understanding of how that Harris polling could have been so wrong. Why did their results cause them to shy away from the kind of strong populism that the Center for Working Class Politics found attracted the most working-class support in Pennsylvania? A state Harris had to win.
I don’t know the Harris pollsters personally, but I do know how the Center for Working Class Politics operates. They are meticulous. They know that their polls will be ripped apart by establishment academics and party gatekeepers, so they can’t make mistakes. They can’t let their own personal beliefs tilt the survey towards what they’d like to believe is true. Their goal is to ask the questions others aren’t asking, to better reflect the opinions of people of all types about working class values and beliefs.
Not so with the pollsters who cashed in on the Harris campaign. They know what their client wants to hear (and is capable of hearing). And it’s not that a strong anti-Wall Street message sells, and therefore that she should mercilessly attack what Sanders calls “the billionaire class.” After all, Harris made a public point of holding a Wall Street fundraiser in the middle of her campaign, and her staff made clear that Wall Street helped to shape her agenda. Her brother-in-law, Tony West, was special adviser to her election campaign, and has deep ties to Wall Street through Uber and Pepsico.
It’s not that Democratic Party pollsters cooked the books. They just knew to ask questions that hovered within the corporate Democratic comfort zone. They didn’t ask the strongest populist questions because they didn’t think those results would be welcomed within the campaign.
I once saw this process in action. I was watching a focus group through a one-way mirror. The topic was healthcare in the leadup to Obamacare, but it was stunning to see how the discussion was shaped by the types of questions the facilitators asked. They limited them to various types of health insurance and avoided more radical reforms of the healthcare system.
At one point a younger Black man expressed his frustration: “Why all this talk about insurance? I’m interested in health care and getting access to it.” He was thanked for his comment and then ignored, while I yelled at the mirror, “Talk about Medicare for All!” It didn’t happen because the group paying for the focus group, as well as the pollster, didn’t think Medicare for All was feasible, and therefore refused to discuss it.
Today, the Democratic elites not only run away from Medicare for All, but they refuse to acknowledge their financial ties to Wall Street. They are more than comfortable, however, accepting large consulting and speaking fees from what should be the targets of their populism. This goes back to Bill and Hillary Clintons’ tone-deaf acceptance of $153 million in speaking fees, including 39 speeches from the very banks that crashed the economy in 2008. During Hillary Clinton’s 2016 campaign she collected $1.8 million for eight speeches to Wall Street banks.
For the Democrats to become a populist party, an entirely new wave of working-class candidates must come to the fore. And for that to happened, we need a working-class movement that forms outside of the two parties and demands economic justice for all...
It's not hard to understand. The Wall Street barons who pay the speaking fees are the same kind of people who went to Yale with Hillary and Bill. They’re all from the same newly minted class of highly successful strivers. If there were any working-class roots in their backgrounds, they withered long ago. Nearly all Democratic Party elites are swathed within this moneyed class. During their leadership of the Vietnam War in the 1960s, author David Halberstam called them “the best and the brightest.” Now they are just the richest. In this milieu, light years away from the working class, getting $225,000 per speech seems like a trifle.
But let’s try to be fair. Can’t the party change its stripes now that Democratic influencers are talking populism in the wake of Trump’s victory?
Unfortunately, I don’t think their talk is credible. It’s doubtful that Carville, Klein, and Emanuel are capable of offering a sustained anti-Wall Street message. They are different from Bernie Sanders, and not just because of their word choices. It’s about their entire careers, the things that made them who they are, their entire way of being. Sanders has been an overt social democrat all his adult life. It’s obvious that he means what he says. He says it over and over again. He really couldn’t care less what Wall Street thinks about him.
As for the nouveau populists, I’m waiting for Carville to say, “Look I was dead wrong when I helped Bill Clinton undermine unions through NAFTA.” Or for Emanuel to confess that “I was wrong to take millions in Wall Street fees while workers were losing their jobs through mergers, leveraged buyouts, and stock buybacks.” Or for Ezra Klein to admit in print that the Center for Worker Class Politics, “were right about populism. The Harris pollsters were wrong, and I was at fault for dismissing their solid work.”
Or maybe the Democrats could finally show some outrage about Wall Street-induced mass layoffs that are destroying the livelihoods of working people. (For more information, please see Wall Street’s War on Workers.)
For the Democrats to become a populist party, an entirely new wave of working-class candidates must come to the fore. And for that to happened, we need a working-class movement that forms outside of the two parties and demands economic justice for all, as the original American populists, the Peoples Party, did in the 1880s. Today, that might look like a sustained, organized version of Occupy Wall Street, which fights against mass layoffs caused by Wall Street’s greed and for a $20 federal minimum wage.
Meanwhile, get ready for more faux populism from Democratic Party elites while Wall Street feasts on the riches Trump showers upon them.
Trump and Musk are on an unconstitutional rampage, aiming for virtually every corner of the federal government. These two right-wing billionaires are targeting nurses, scientists, teachers, daycare providers, judges, veterans, air traffic controllers, and nuclear safety inspectors. No one is safe. The food stamps program, Social Security, Medicare, and Medicaid are next. It’s an unprecedented disaster and a five-alarm fire, but there will be a reckoning. The people did not vote for this. The American people do not want this dystopian hellscape that hides behind claims of “efficiency.” Still, in reality, it is all a giveaway to corporate interests and the libertarian dreams of far-right oligarchs like Musk. Common Dreams is playing a vital role by reporting day and night on this orgy of corruption and greed, as well as what everyday people can do to organize and fight back. As a people-powered nonprofit news outlet, we cover issues the corporate media never will, but we can only continue with our readers’ support. |
Les Leopold is the executive director of the Labor Institute and author of the new book, “Wall Street’s War on Workers: How Mass Layoffs and Greed Are Destroying the Working Class and What to Do About It." (2024). Read more of his work on his substack here.
Donald Trump’s victory is causing James Carville, the outspoken raging Cajun who was Bill Clinton’s campaign manager in 1992, to call for the Democratic Party to go all in on a populist agenda. He wrote recently in the New York Times,
“Go big, go populist, stick to economic progress, and force them [Republicans] to oppose what they cannot be for. In unison.”
Is Carville really agreeing with the Center for Working Class Politics, which in October published the results of their YouGov survey, “Populism Wins Pennsylvania?” That report found that:
“… working-class Pennsylvanians responded most favorably to populist messages and messages that emphasized progressive economic policies. What’s more, we found little evidence that focusing on economic populism risks decreasing voter enthusiasm among core Democratic constituencies outside the working class.”
Ezra Klein, another Democratic Party influencer, picked up on that survey just before the election in November, but then dismissed it as an outlier: “Surveys like that should be treated with some skepticism”, he wrote. “The Harris team is running plenty of its own polls and focus groups and message tests.”
But the results of elections matter, and there is now a chorus of Democratic Party nouveau populists, including Rahm Emanuel, Bill Clinton’s close advisor, who went on to earn tens of millions on Wall Street.
It’s time to take a deep breath and recall how these recently minted populists helped to create the very conditions that crushed the working class. As former Senator Sherrod Brown discovered in Ohio, to this day, workers still blame the Democrats for NAFTA, the 1994 trade deal that Clinton, Carville, and Emanuel pushed that ended up costing millions of U.S. jobs.
It’s time to take a deep breath and recall how these recently minted populists helped to create the very conditions that crushed the working class.
Emanual seems these days to have become a closet Sanders supporter, claiming that Obama was way too soft on the bankers who crashed the economy in 2008:
Not only was no one held accountable, but the same bankers who engineered the crisis were aggrieved at the suggestion of diminished bonuses and government intervention. It was a mistake not to apply Old Testament justice to the bankers during the Obama administration, as some called for at the time.
Some did, at the time, but Emanuel did not. Buy hey, people do change, don’t they? Why shouldn’t we believe that the old Democrats can become real populists?
Let’s start with an understanding of how that Harris polling could have been so wrong. Why did their results cause them to shy away from the kind of strong populism that the Center for Working Class Politics found attracted the most working-class support in Pennsylvania? A state Harris had to win.
I don’t know the Harris pollsters personally, but I do know how the Center for Working Class Politics operates. They are meticulous. They know that their polls will be ripped apart by establishment academics and party gatekeepers, so they can’t make mistakes. They can’t let their own personal beliefs tilt the survey towards what they’d like to believe is true. Their goal is to ask the questions others aren’t asking, to better reflect the opinions of people of all types about working class values and beliefs.
Not so with the pollsters who cashed in on the Harris campaign. They know what their client wants to hear (and is capable of hearing). And it’s not that a strong anti-Wall Street message sells, and therefore that she should mercilessly attack what Sanders calls “the billionaire class.” After all, Harris made a public point of holding a Wall Street fundraiser in the middle of her campaign, and her staff made clear that Wall Street helped to shape her agenda. Her brother-in-law, Tony West, was special adviser to her election campaign, and has deep ties to Wall Street through Uber and Pepsico.
It’s not that Democratic Party pollsters cooked the books. They just knew to ask questions that hovered within the corporate Democratic comfort zone. They didn’t ask the strongest populist questions because they didn’t think those results would be welcomed within the campaign.
I once saw this process in action. I was watching a focus group through a one-way mirror. The topic was healthcare in the leadup to Obamacare, but it was stunning to see how the discussion was shaped by the types of questions the facilitators asked. They limited them to various types of health insurance and avoided more radical reforms of the healthcare system.
At one point a younger Black man expressed his frustration: “Why all this talk about insurance? I’m interested in health care and getting access to it.” He was thanked for his comment and then ignored, while I yelled at the mirror, “Talk about Medicare for All!” It didn’t happen because the group paying for the focus group, as well as the pollster, didn’t think Medicare for All was feasible, and therefore refused to discuss it.
Today, the Democratic elites not only run away from Medicare for All, but they refuse to acknowledge their financial ties to Wall Street. They are more than comfortable, however, accepting large consulting and speaking fees from what should be the targets of their populism. This goes back to Bill and Hillary Clintons’ tone-deaf acceptance of $153 million in speaking fees, including 39 speeches from the very banks that crashed the economy in 2008. During Hillary Clinton’s 2016 campaign she collected $1.8 million for eight speeches to Wall Street banks.
For the Democrats to become a populist party, an entirely new wave of working-class candidates must come to the fore. And for that to happened, we need a working-class movement that forms outside of the two parties and demands economic justice for all...
It's not hard to understand. The Wall Street barons who pay the speaking fees are the same kind of people who went to Yale with Hillary and Bill. They’re all from the same newly minted class of highly successful strivers. If there were any working-class roots in their backgrounds, they withered long ago. Nearly all Democratic Party elites are swathed within this moneyed class. During their leadership of the Vietnam War in the 1960s, author David Halberstam called them “the best and the brightest.” Now they are just the richest. In this milieu, light years away from the working class, getting $225,000 per speech seems like a trifle.
But let’s try to be fair. Can’t the party change its stripes now that Democratic influencers are talking populism in the wake of Trump’s victory?
Unfortunately, I don’t think their talk is credible. It’s doubtful that Carville, Klein, and Emanuel are capable of offering a sustained anti-Wall Street message. They are different from Bernie Sanders, and not just because of their word choices. It’s about their entire careers, the things that made them who they are, their entire way of being. Sanders has been an overt social democrat all his adult life. It’s obvious that he means what he says. He says it over and over again. He really couldn’t care less what Wall Street thinks about him.
As for the nouveau populists, I’m waiting for Carville to say, “Look I was dead wrong when I helped Bill Clinton undermine unions through NAFTA.” Or for Emanuel to confess that “I was wrong to take millions in Wall Street fees while workers were losing their jobs through mergers, leveraged buyouts, and stock buybacks.” Or for Ezra Klein to admit in print that the Center for Worker Class Politics, “were right about populism. The Harris pollsters were wrong, and I was at fault for dismissing their solid work.”
Or maybe the Democrats could finally show some outrage about Wall Street-induced mass layoffs that are destroying the livelihoods of working people. (For more information, please see Wall Street’s War on Workers.)
For the Democrats to become a populist party, an entirely new wave of working-class candidates must come to the fore. And for that to happened, we need a working-class movement that forms outside of the two parties and demands economic justice for all, as the original American populists, the Peoples Party, did in the 1880s. Today, that might look like a sustained, organized version of Occupy Wall Street, which fights against mass layoffs caused by Wall Street’s greed and for a $20 federal minimum wage.
Meanwhile, get ready for more faux populism from Democratic Party elites while Wall Street feasts on the riches Trump showers upon them.
Les Leopold is the executive director of the Labor Institute and author of the new book, “Wall Street’s War on Workers: How Mass Layoffs and Greed Are Destroying the Working Class and What to Do About It." (2024). Read more of his work on his substack here.
Donald Trump’s victory is causing James Carville, the outspoken raging Cajun who was Bill Clinton’s campaign manager in 1992, to call for the Democratic Party to go all in on a populist agenda. He wrote recently in the New York Times,
“Go big, go populist, stick to economic progress, and force them [Republicans] to oppose what they cannot be for. In unison.”
Is Carville really agreeing with the Center for Working Class Politics, which in October published the results of their YouGov survey, “Populism Wins Pennsylvania?” That report found that:
“… working-class Pennsylvanians responded most favorably to populist messages and messages that emphasized progressive economic policies. What’s more, we found little evidence that focusing on economic populism risks decreasing voter enthusiasm among core Democratic constituencies outside the working class.”
Ezra Klein, another Democratic Party influencer, picked up on that survey just before the election in November, but then dismissed it as an outlier: “Surveys like that should be treated with some skepticism”, he wrote. “The Harris team is running plenty of its own polls and focus groups and message tests.”
But the results of elections matter, and there is now a chorus of Democratic Party nouveau populists, including Rahm Emanuel, Bill Clinton’s close advisor, who went on to earn tens of millions on Wall Street.
It’s time to take a deep breath and recall how these recently minted populists helped to create the very conditions that crushed the working class. As former Senator Sherrod Brown discovered in Ohio, to this day, workers still blame the Democrats for NAFTA, the 1994 trade deal that Clinton, Carville, and Emanuel pushed that ended up costing millions of U.S. jobs.
It’s time to take a deep breath and recall how these recently minted populists helped to create the very conditions that crushed the working class.
Emanual seems these days to have become a closet Sanders supporter, claiming that Obama was way too soft on the bankers who crashed the economy in 2008:
Not only was no one held accountable, but the same bankers who engineered the crisis were aggrieved at the suggestion of diminished bonuses and government intervention. It was a mistake not to apply Old Testament justice to the bankers during the Obama administration, as some called for at the time.
Some did, at the time, but Emanuel did not. Buy hey, people do change, don’t they? Why shouldn’t we believe that the old Democrats can become real populists?
Let’s start with an understanding of how that Harris polling could have been so wrong. Why did their results cause them to shy away from the kind of strong populism that the Center for Working Class Politics found attracted the most working-class support in Pennsylvania? A state Harris had to win.
I don’t know the Harris pollsters personally, but I do know how the Center for Working Class Politics operates. They are meticulous. They know that their polls will be ripped apart by establishment academics and party gatekeepers, so they can’t make mistakes. They can’t let their own personal beliefs tilt the survey towards what they’d like to believe is true. Their goal is to ask the questions others aren’t asking, to better reflect the opinions of people of all types about working class values and beliefs.
Not so with the pollsters who cashed in on the Harris campaign. They know what their client wants to hear (and is capable of hearing). And it’s not that a strong anti-Wall Street message sells, and therefore that she should mercilessly attack what Sanders calls “the billionaire class.” After all, Harris made a public point of holding a Wall Street fundraiser in the middle of her campaign, and her staff made clear that Wall Street helped to shape her agenda. Her brother-in-law, Tony West, was special adviser to her election campaign, and has deep ties to Wall Street through Uber and Pepsico.
It’s not that Democratic Party pollsters cooked the books. They just knew to ask questions that hovered within the corporate Democratic comfort zone. They didn’t ask the strongest populist questions because they didn’t think those results would be welcomed within the campaign.
I once saw this process in action. I was watching a focus group through a one-way mirror. The topic was healthcare in the leadup to Obamacare, but it was stunning to see how the discussion was shaped by the types of questions the facilitators asked. They limited them to various types of health insurance and avoided more radical reforms of the healthcare system.
At one point a younger Black man expressed his frustration: “Why all this talk about insurance? I’m interested in health care and getting access to it.” He was thanked for his comment and then ignored, while I yelled at the mirror, “Talk about Medicare for All!” It didn’t happen because the group paying for the focus group, as well as the pollster, didn’t think Medicare for All was feasible, and therefore refused to discuss it.
Today, the Democratic elites not only run away from Medicare for All, but they refuse to acknowledge their financial ties to Wall Street. They are more than comfortable, however, accepting large consulting and speaking fees from what should be the targets of their populism. This goes back to Bill and Hillary Clintons’ tone-deaf acceptance of $153 million in speaking fees, including 39 speeches from the very banks that crashed the economy in 2008. During Hillary Clinton’s 2016 campaign she collected $1.8 million for eight speeches to Wall Street banks.
For the Democrats to become a populist party, an entirely new wave of working-class candidates must come to the fore. And for that to happened, we need a working-class movement that forms outside of the two parties and demands economic justice for all...
It's not hard to understand. The Wall Street barons who pay the speaking fees are the same kind of people who went to Yale with Hillary and Bill. They’re all from the same newly minted class of highly successful strivers. If there were any working-class roots in their backgrounds, they withered long ago. Nearly all Democratic Party elites are swathed within this moneyed class. During their leadership of the Vietnam War in the 1960s, author David Halberstam called them “the best and the brightest.” Now they are just the richest. In this milieu, light years away from the working class, getting $225,000 per speech seems like a trifle.
But let’s try to be fair. Can’t the party change its stripes now that Democratic influencers are talking populism in the wake of Trump’s victory?
Unfortunately, I don’t think their talk is credible. It’s doubtful that Carville, Klein, and Emanuel are capable of offering a sustained anti-Wall Street message. They are different from Bernie Sanders, and not just because of their word choices. It’s about their entire careers, the things that made them who they are, their entire way of being. Sanders has been an overt social democrat all his adult life. It’s obvious that he means what he says. He says it over and over again. He really couldn’t care less what Wall Street thinks about him.
As for the nouveau populists, I’m waiting for Carville to say, “Look I was dead wrong when I helped Bill Clinton undermine unions through NAFTA.” Or for Emanuel to confess that “I was wrong to take millions in Wall Street fees while workers were losing their jobs through mergers, leveraged buyouts, and stock buybacks.” Or for Ezra Klein to admit in print that the Center for Worker Class Politics, “were right about populism. The Harris pollsters were wrong, and I was at fault for dismissing their solid work.”
Or maybe the Democrats could finally show some outrage about Wall Street-induced mass layoffs that are destroying the livelihoods of working people. (For more information, please see Wall Street’s War on Workers.)
For the Democrats to become a populist party, an entirely new wave of working-class candidates must come to the fore. And for that to happened, we need a working-class movement that forms outside of the two parties and demands economic justice for all, as the original American populists, the Peoples Party, did in the 1880s. Today, that might look like a sustained, organized version of Occupy Wall Street, which fights against mass layoffs caused by Wall Street’s greed and for a $20 federal minimum wage.
Meanwhile, get ready for more faux populism from Democratic Party elites while Wall Street feasts on the riches Trump showers upon them.
A spokesperson for the news agency said the ruling "affirms the fundamental right of the press and public to speak freely without government retaliation."
A federal judge appointed by U.S. President Donald Trump during his first term ruled Tuesday that the White House cannot cut off The Associated Press' access to the Republican leader because of the news agency's refusal to use his preferred name for the Gulf of Mexico.
"About two months ago, President Donald Trump renamed the Gulf of Mexico the Gulf of America. The Associated Press did not follow suit. For that editorial choice, the White House sharply curtailed the AP's access to coveted, tightly controlled media events with the president," wrote Judge Trevor N. McFadden, who is based in Washington, D.C.
Specifically, according to the news outlet, "the AP has been blocked since February 11 from being among the small group of journalists to cover Trump in the Oval Office or aboard Air Force One, with sporadic ability to cover him at events in the East Room."
The AP responded to the restrictions by suing White House Chief of Staff Susie Wiles, Deputy Chief of Staff Taylor Budowich, and Press Secretary Karoline Leavitt, "seeking a preliminary injunction enjoining the government from excluding it because of its viewpoint," McFadden noted in his 41-page order. "Today, the court grants that relief."
The judge explained that "this injunction does not limit the various permissible reasons the government may have for excluding journalists from limited-access events. It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the president or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones' questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views."
"The court simply holds that under the First Amendment, if the government opens its doors to some journalists—be it to the Oval Office, the East Room, or elsewhere—it cannot then shut those doors to other journalists because of their viewpoints," he stressed. "The Constitution requires no less."
McFadden blocked his own order from taking effect before next week, giving the Trump administration time to respond or appeal. Still, AP spokesperson Lauren Easton said Tuesday that "we are gratified by the court's decision."
"Today’s ruling affirms the fundamental right of the press and public to speak freely without government retaliation," Easton added. "This is a freedom guaranteed for all Americans in the U.S. Constitution."
NPR reported that "an AP reporter and photographer were turned back from joining a reporting pool on a presidential motorcade early Tuesday evening, almost two hours after the decision came down."
"The AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions," the lawsuit asserts.
The ACLU and allied groups filed a lawsuit Tuesday in a bid to stop U.S. President Donald Trump from "abusing the Alien Enemies Act"—an 18th-century law only ever invoked during wartime—to deport foreign nationals to a prison in El Salvador with allegedly rampant human rights abuses.
According to a statement, the ACLU and New York Civil Liberties Union, "in partnership with the Legal Aid Society whose clients are plaintiffs in the litigation, filed an emergency lawsuit this morning in federal court in New York to again halt removals under the Alien Enemies Act (AEA) for people within that court's judicial district."
The lawsuit—which names Trump, U.S. Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio, and other officials as plaintiffs—follows Monday's 5-4 U.S. Supreme Court
ruling that largely reversed a lower court's decision blocking the deportation of Venezuelan nationals to the notorious Terrorism Confinement Center (CECOT) prison in El Salvador.
BREAKING: Today the NYCLU and @aclu.org filed an emergency lawsuit to ensure the Trump administration does not deport people under the Alien Enemies Act without due process. No one should face the horrifying prospect of lifelong imprisonment without a fair hearing, let alone in another country.
— NYCLU (@nyclu.org) April 8, 2025 at 11:00 AM
While the high court said the Trump administration can resume deportations under the 1798 AEA, the justices included the caveat that people subject to such removals must be afforded due process under the law.
"The AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions," the ACLU argued in the new lawsuit. "It cannot be used here against nationals of a country—Venezuela—with whom the United States is not at war, which is not invading the United States, and which has not launched a predatory incursion into the United States."
Not only has Trump sent foreign nationals—including at least one wrongfully deported man—to CECOT, he has also floated the idea of sending U.S. citizens there at the invitation of right-wing Salvadoran President Nayib Bukele, who is scheduled to visit the White House next week.
This, despite widespread reports of serious human rights violations at the facility and throughout El Salvador in general.
"The administration is shattering what little trust remains between immigrant communities and the government and putting critical revenue streams at risk," said one critic.
Migrant and privacy rights advocates this week are sounding the alarm over a deal signed by Treasury Secretary Scott Bessent and Homeland Security Secretary Kristi Noem to hand sensitive taxpayer data over to immigration authorities as part of U.S. President Donald Trump's mass deportation effort.
The Internal Revenue Service (IRS) and the Immigration and Customs Enforcement (ICE) have entered into a memorandum of understanding (MOU) "to establish a clear and secure process to support law enforcement's efforts to combat illegal immigration," a Treasury Department spokesperson told Fox News, which reported on the development after a late Monday court filing.
"The bases for this MOU are founded in long-standing authorities granted by Congress, which serve to protect the privacy of law-abiding Americans while streamlining the ability to pursue criminals," the spokesperson said. "After four years of [former President] Joe Biden flooding the nation with illegal aliens, President Trump's highest priority is to ensure the safety of the American people."
After weeks of warnings about a potential data transfer deal, it was revealed as part of a legal case brought by Centro de Trabajadores Unidos, Immigrant Solidarity DuPage, Inclusive Action for the City, and Somos Un Pueblo Unido, which are represented by Alan Morrison, Public Citizen Litigation Group, and Raise the Floor Alliance.
"Taxpayer privacy is a cornerstone of the U.S. tax system," Public Citizen co-president Lisa Gilbert said in a Tuesday statement. "This move by the IRS is an unprecedented breach of taxpayer privacy laws and confidentiality, which has been respected by both political parties for decades."
"The Trump administration's terror tactic of using immigrants' tax data against them will drive some of our most vulnerable communities further underground," she warned. "If this taxpayer information isn't safe from the prying eyes of the Trump administration's goons, then no one's taxpayer information is safe."
Juliette Kayyem, a former Department of Homeland Security official now lecturing at the Harvard Kennedy School, wrote on social media: "Bad policy. Bad economics. And cruel. They are so desperate to get their deportation numbers up that they are doing this."
Multiple members of Congress also blasted the move. Rep. Jimmy Gomez (D-Calif.) said that "the IRS should NEVER be weaponized to target immigrant families. This backdoor deal with ICE shatters decades of trust—and may be illegal."
"I will fight this with everything I've got," vowed Gomez, a member of the House Ways and Means Committee. "No one should fear that filing taxes puts their family at risk."
Congressman Joaquin Castro (D-Texas) was among the critics who emphasized that the MOU doesn't just affect migrants.
"First things first: The impact of folks not filing their taxes because they are afraid of deportation would be detrimental to our economy," he explained. "Two: Immigrants pay taxes but do not benefit from the social programs that most taxpayers do. Three: Everyone should be concerned about the privacy implications here. This sets the precedent that the federal government can arbitrarily share your personal information with law enforcement. And it's just wrong."
Rep. Juan Vargas (D-Calif.) similarly said: "For decades, undocumented immigrants have trusted the IRS when it encouraged them to file. They've paid taxes in good faith, contributing nearly $100 BILLION per year and supporting social services they can't even access. Not only is this a total betrayal, but it's also illegal. We'll fight this."
The Institute on Taxation and Economic Policy also highlighted that "turning the IRS away from its job (collecting taxes) to instead focus on mass deportation efforts will mean less tax revenue collected on top of the harm done to families and communities affected by deportations."
In response to The New York Times' reporting on the deal, American Immigration Council senior fellow Aaron Reichlin-Melnick pointed out on social media that the MOU "is, on its face, limited to criminal investigations (not deportation investigations)."
"There are many questions raised about this new [agreement], which seems to violate previous understandings of the laws requiring IRS not to share taxpayer information," he continued. "But at its heart it does not seem that the MOU permits ICE to ask for taxpayer data for deportation reasons."
"It seems primarily to be aimed at criminal investigations for willful failure to depart after the issuance of a removal order, a crime on the books which (until now) is virtually never prosecuted," Reichlin-Melnick added. "Despite the fact that this MOU is limited only to criminal law enforcement, it will likely have a chilling effect on undocumented taxpayers."
How the Trump administration actually proceeds remains to be seen. The court filing says no information has been shared between the agenices yet—but the deal comes as part of a wave of anti-immigrant policies and rhetoric from the president and his officials.
"With the Supreme Court greenlighting Trump's use of the Alien Enemies Act and the administration now gaining access to sensitive IRS data, we continue to slip into a new era of authoritarianism in America," Beatriz Lopez, co-executive director of the Immigration Hub, said a Tuesday statement "The digital and physical dragnets that Trump is building mean millions of immigrants—many of whom have followed the law and paid their taxes for decades—are now vulnerable to indiscriminate brutality and quiet erasure with little opportunity for redress."
Lopez stressed that "undocumented immigrants already contribute billions to our economy—often paying a higher effective tax rate than 55 major corporations and some of the wealthiest individuals in America. By weaponizing private taxpayer data, the administration is shattering what little trust remains between immigrant communities and the government and putting critical revenue streams at risk."
"Coupled with Trump's xenophobic tariff threats and a $350 billion demand to fund mass disappearances and deportations, this is more than an attack on immigrants—it's a calculated effort to destabilize the country and remake its image," she concluded. "Congress must reject this funding and the authoritarian playbook behind it. This is not policy. It's punishment."