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ProPublica Sued the FDA for Withholding Records About the Safety of Generic Drugs

2 weeks 1 day ago

We are still reporting. If you are a current or former FDA employee or someone in the industry with information about the agency, the safety of generic drugs, or the manufacturers that make them, our team wants to hear from you. Megan Rose can be reached on Signal or WhatsApp at 202-805-4865. Debbie Cenziper can be reached on Signal or WhatsApp at 301-222-3133. You can also email us at FDA@propublica.org.

ProPublica has sued the U.S. Food and Drug Administration in federal court in New York, accusing the agency of withholding information about the safety and availability of generic drugs critical to millions of Americans.

For years, Congress, watchdog groups, doctors and others have questioned the quality of generic drugs made in factories overseas. To better understand how the FDA regulates the industry and protects consumers, ProPublica submitted four records requests last year under the Freedom of Information Act.

The FDA declined to quickly release the documents, including records that would identify drugs made at some of the most troubled factories in India. Inspection reports that describe unsafe manufacturing conditions are public, but the FDA redacts the names of the medications made in those factories.

“Americans (including pharmacists, doctors, hospital systems, policy makers) cannot see for themselves which drugs may have been made in unsafe facilities,” the lawsuit said.

ProPublica requested the records as part of an ongoing investigation into the safety of America’s generic drug supply. ProPublica has reported that the FDA allowed some manufacturers to continue shipping their drugs to Americans even after the factories that made them were found in violation of quality standards and banned from the U.S. market. More than 150 drugs or their ingredients were given these little-known exemptions over the past dozen years.

In its response to ProPublica’s initial records request, the FDA said the news organization had not demonstrated “a compelling need” to expedite the release of documents. Since the lawsuit was filed in November, the agency has begun to turn over some of the requested records. The case is still active in federal court in New York.

ProPublica has argued the records will help inform American consumers, who increasingly rely on generic drugs made overseas. Quality concerns have dogged the industry for years: In 2023, four people died after using tainted eye drops made in India, and others had to have their eyeballs surgically removed.

“Every single one of us relies on the FDA to ensure that the medicines we take and give our loved ones are safe,” said ProPublica’s outside counsel, Jack Browning, a partner at Davis Wright Tremaine. “With the increasing prevalence of offshore manufacturing, it is imperative for organizations like ProPublica to ensure that safety violations are not being swept under the rug.”

The Department of Health and Human Services, which oversees the FDA, declined to comment on the case, citing the ongoing litigation.

This is the second time ProPublica has sued the FDA in recent years.

In 2023, the news outlet and the Pittsburgh Post-Gazette filed a lawsuit against the agency for withholding records related to the massive recall of breathing machines made by Philips Respironics. The agency ultimately provided the documents.

Dailey and Nguyen are with Northwestern University’s Medill Investigative Lab in Washington, D.C.

by Katherine Dailey and Jessie Nguyen, Medill Investigative Lab

Federal Judge Deems Trump Administration’s Termination of NIH Grants Illegal

2 weeks 2 days ago

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What Happened: A federal judge ruled on Monday that the Trump administration’s termination of hundreds of grants by the National Institutes of Health was “void and illegal,” ordering some of them to be reinstated, including many profiled by ProPublica in recent months.

District Judge William G. Young made the ruling in two lawsuits challenging the Trump administration’s directives and cancellations: One case was brought by more than a dozen states’ attorneys general, and the other was led by the American Public Health Association alongside several other organizations and researchers.

In Monday’s ruling, the judge determined that the directives that led to the grant terminations were “arbitrary and capricious” and said they had “no force and effect.” The judge’s ruling ordered the funding of the grants to be restored. It only covers grants that have been identified by the plaintiffs in the cases.

What the Judge Said: After Young ruled that the agency directives and terminations were illegal, he noted that the government’s practices were discriminatory.

“This represents racial discrimination, and discrimination against America’s LGBTQ community,” he said. “That’s what this is. I would be blind not to call it out. My duty is to call it out, and I do so.”

This year, the Trump administration banned the NIH from funding grants that had a connection to “diversity, equity and inclusion,” alleging that such research may be discriminatory. ProPublica previously found that caught up in mass terminations was research focused on why some populations — including women and sexual, racial or ethnic minorities — may be more at risk of certain disorders or diseases.

“I have never seen a record where racial discrimination was so palpable,” Young said during Monday’s hearing. “I’ve sat on this bench now for 40 years, and I’ve never seen government racial discrimination like this, and I confine my remarks to this record, to health care.”

He also noted the administration’s targeting of LGBTQ+ research. “It is palpably clear these directives and the set of terminated grants here also are designed to frustrate, to stop research that may bear on the health — we are talking about health here — the health of Americans, of our LGBTQ community,” he said. “That’s appalling.”

Background: In recent months, ProPublica has been covering the toll of the grant cancellations by the NIH. More than 150 researchers, scientists and investigators have reached out to ProPublica and shared their experiences, revealing how the terminations are dramatically reshaping the biomedical and scientific enterprise of the nation at large.

They described how years of federally funded research may never be published, how critical treatments may never be developed and how millions of patients could be harmed.

“Two and a half years into a three-year grant, and to all of a sudden stop and not fully be able to answer the original questions, it’s just a waste,” said Brown University associate professor Ethan Moitra, whose grant studying mental health treatment for LGBTQ+ people was terminated.

Response: White House spokesperson Kush Desai said it was “appalling that a federal judge would use court proceedings to express his political views and preferences,” adding that “justice ceases to be administered when a judge clearly rules on the basis of his political ideologies.”

Desai also defended the administration’s policies targeting “diversity, equity and inclusion,” calling it a “flawed and racist logic.” He also said that the administration was committed to “restoring the Gold Standard of Science,” which he claimed involves a recognition of the “biological reality of the male and female sexes.” The NIH, he said, is shifting “research spending to address our chronic disease crisis instead, not to validate ideological activism.”

Andrew G. Nixon, the director of communications for the Department of Health and Human Services, told ProPublica that the agency “stands by its decision to end funding for research that prioritized ideological agendas over scientific rigor and meaningful outcomes for the American people,” and that it was “exploring all legal options, including filing an appeal and moving to stay the order.”

Why It Matters: The mass cancellation of grants in response to political policy shifts has no historical precedent, experts told ProPublica, and marks an extraordinary departure from the agency’s established practices. ProPublica previously revealed that the Department of Government Efficiency — the administration’s cost-cutting initiative —— gave the agency direction on what to cut and why, raising questions about the provenance of the terminations.

The judge's ruling adds to a growing number of legal decisions halting or scaling back the administration’s actions. As of Monday, according to The New York Times, there have been more than 180 rulings that have “at least temporarily paused” the administration’s practices.

Whether the administration follows Monday’s ruling, however, remains an open question. As ProPublica reported, the NIH has previously terminated research grants even after a federal judge blocked such cuts, and the administration has disregarded several other rulings.

“If the vacation of these particular grant terminations, the vacation of these directives, taken as a whole, does not result in forthwith disbursement of funds,” Young said in Monday’s hearing, “the court has ample jurisdiction.”

Were you involved in a clinical trial, participating in research or receiving services that have ended, been paused or been delayed because of canceled federal funding? Our reporters want to hear from you. To share your experience, contact our reporting team at healthfunding@propublica.org.

Asia Fields contributed reporting.

by Annie Waldman

Threat in Your Medicine Cabinet: The FDA’s Gamble on America’s Drugs

2 weeks 2 days ago

We are still reporting. If you are a current or former FDA employee or someone in the industry with information about the agency, the safety of generic drugs, or the manufacturers that make them, our team wants to hear from you. Megan Rose can be reached on Signal or WhatsApp at 202-805-4865. Debbie Cenziper can be reached on Signal or WhatsApp at 301-222-3133. You can also email us at FDA@propublica.org.

On a sweltering morning in western India in 2022, three U.S. inspectors showed up unannounced at a massive pharmaceutical plant surrounded by barricades and barbed wire and demanded to be let inside.

For two weeks, they scrutinized humming production lines and laboratories spread across the dense industrial campus, peering over the shoulders of workers at the tablet presses, mixers and filling machines that produce dozens of generic drugs for Americans.

Much of the factory was supposed to be as sterile as an operating room. But the inspectors discovered what appeared to be metal shavings on drugmaking equipment, and records showing vials of medication that were “blackish” from contamination had been sent to the United States. Quality testing in some cases had been put off for more than six months, according to their report, and raw materials tainted with unknown “extraneous matter” were used anyway, mixed into batches of drugs.

Sun Pharma’s transgressions were so egregious that the Food and Drug Administration imposed one of the government’s harshest penalties: banning the factory from exporting drugs to the United States.

But the agency, worried about medication shortages, immediately undercut its mission to ensure the safety of America’s drug supply.

A secretive group inside the FDA gave the global manufacturer a special pass to continue shipping more than a dozen drugs to the United States even though they were made at the same substandard factory that the agency had officially sanctioned. Pills and injectable medications that otherwise would have been banned went to unsuspecting patients across the country, including those with cancer and epilepsy.

The FDA didn’t routinely test the medications for quality problems or use its vast repository of drug-related complaints to proactively track whether they were harming the people who relied on them.

And the agency kept the exemptions largely hidden from the public and from Congress. Even others inside the FDA were unaware of the details.

In the hands of consumers, according to the FDA’s longtime head of drug safety, the information would have caused “some kind of frenzy.”

“We felt we didn’t have to make it a public thing,” said Janet Woodcock, who spent nearly four decades at the agency.

The exemptions for Sun weren’t a one-time concession. A ProPublica investigation found that over a dozen years, the same small cadre at the FDA granted similar exemptions to more than 20 other factories that had violated critical standards in drugmaking, nearly all in India. All told, the group allowed into the United States at least 150 medications or their ingredients from factories with mold, foul water, dirty labs or fraudulent testing protocols.

The FDA inspection report of the Sun Pharma factory in India warned of leaks that could allow dirty water into a sterile area where drugs were made. (Obtained by ProPublica. Highlighted by ProPublica.)

Some of the drugs were recalled — just before or just after they were exempted — because of contaminants or other defects that could cause health problems, government records show. And a ProPublica analysis identified more than 600 complaints in the FDA’s files about exempted drugs at three of those factories alone, each flagging concerns in the months or years after they were excluded from import bans in 2022 and 2023.

The “adverse event” reports about drugs from the Sun plant and two others run by Indian drugmaker Intas Pharmaceuticals described medication with an abnormal taste, odor or residue or patients who had experienced sudden or unexplained health problems.

The reports cite about 70 hospitalizations and nine deaths. And those numbers are conservative. ProPublica limited its count to reports that linked problems to a single drug. However, the total number of complaints to the FDA that mention exempted drugs is in the thousands.

“Abdominal pain … stomach was acting very crazy,” one report said about a woman using a seizure drug from Sun Pharma. The FDA received the complaint in 2023, nine months after it excluded the medication from the import ban.

“Feeling really hot, breaking out with hives, hard to breathe, had confusion, glucose level was high, heart rate went up and head, arms and hands got numb,” noted another report about a patient taking a sedative from Intas. The complaint was sent to the FDA in June 2023, the same month the agency exempted the medication.

The outcomes described in the complaints may have no connection to the drug or could be unexpected side effects. In some cases, the FDA received complaints about the same drugs made by other manufacturers.

Still, the seriousness of the reports involving exempted drugs did not galvanize the agency to investigate, leaving the public and the government with no way of knowing whether people were being harmed and, if so, how many.

Those unknowns have done little to slow the exemptions. In 2022, FDA inspectors described a “cascade of failure” at one of the Intas plants, finding workers had destroyed testing records, in one case pouring acid on some that had been stuffed in a trash bag. At the second Intas factory, inspectors said in their report that records were “routinely manipulated” to cover up the presence of particulate matter — which could include glass, fiber or other contaminants — in the company’s drugs.

A 2022 FDA inspection report described “a cascade of failure” at one of the Intas plants, noting that employees were observed destroying records “by tearing it into pieces.” (Obtained by ProPublica. Highlighted by ProPublica.)

The FDA barred both plants in 2023 from shipping drugs to the U.S. Then the agency simultaneously granted more than 50 exemptions to those banned factories — the broadest use of exclusions in ProPublica’s analysis.

Intas, whose U.S. subsidiary is Accord Healthcare, said in a statement that the company has invested millions of dollars in upgrades and new hires and launched a companywide program focused on quality. Exempted drugs were sent to the United States in a “phased manner,” the company said, with third-party oversight and safety testing. Intas also said that some exempted drugs were never shipped to the United States because the FDA found other suppliers. The company would not provide details.

“Intas is well on its way towards full remediation of all manufacturing sites,” the company said.

Sun did not respond to multiple requests for comment. When the FDA imposed the ban, the company said it would “undertake all necessary steps to resolve these issues and to ensure that the regulator is completely satisfied with the company’s remedial action. Sun Pharma remains committed to being … compliant and in supplying high-quality products to its customers and patients globally.”

Both companies’ factories are still under import bans.

“We’re supposed to have the best medicine in the world,” said Joe DeMayo, a kidney transplant patient in Philadelphia who took an immunosuppression medication made by Intas until December 2023, unaware that a month earlier the FDA had excused the drug from an import ban. “Why are we buying from people who aren’t making it right?”

Joe DeMayo, a father and grocery store worker, had no idea the capsules he took every day to protect his transplanted kidney were coming from a factory in India that the FDA had banned from the U.S. market. (Hannah Yoon for ProPublica) An excerpt from an FDA inspection of an Intas factory about its manufacturing of sterile drugs (Animation by Lisa Larson-Walker/ProPublica)

Watch video ➜

Game of Chance

How the United States wound up here — playing a game of chance with risky drugs made thousands of miles away — is the story of an agency that has relentlessly pressed to keep the supply of low-cost generics flowing even as its own inspectors warned that some of those drugs posed a potentially lethal threat to the American public.

The vast majority of the prescriptions filled in the country are for generic drugs, from penicillin to blood thinners to emergency contraception, and many of those come from overseas, including India and China. For years, the FDA has vouched for the quality of generics, assuring the public in press releases, speeches and social media campaigns that they are just as safe and effective as brand-name drugs.

That guarantee came under serious question in 2019 when journalist Katherine Eban published a breakthrough book, “Bottle of Lies,” that exposed rampant fraud and manufacturing violations in Indian factories and the FDA’s reluctance to aggressively investigate.

ProPublica identified another alarming level of entrenched failure: Even when the agency did investigate and single out factories that were among the worst in India, it still gave them access to American consumers. All the while, patients took their medicine without question, trusting an agency that has long been considered the gold standard in drug regulation.

While specialized business publications have sometimes reported on exemptions when they happen, they’ve offered little context and few specifics.

The FDA in many ways put itself in this untenable position, forced to decide between not having enough drugs or accepting potentially dangerous ones, interviews and government records show.

For years, the agency gave companies with a history of manufacturing breakdowns approval to produce an increasingly larger share of generic drugs, allowing them to become a dominant force in American medicine with the power to disrupt lives if production lines were shuttered.

“It’s our own fault,” said former FDA inspector Peter Baker, who reported a litany of failures during inspections in India and China from 2012 to 2018. “We allowed all these players into the market who never should have been there in the first place. They grew to be monsters and now we can’t go back.”

The decisions to weaken penalties and allow banned factories to continue sending drugs to the United States were approved by Woodcock, one of the agency’s most powerful administrators. For more than two decades, she led the Center for Drug Evaluation and Research, the arm of the FDA that serves as the country’s gatekeeper for new and generic drugs.

In a series of interviews with ProPublica, Woodcock said she supported the use of exemptions “as a practical approach.”

“We had to kind of deal with the hand we were dealt,” she said.

Janet Woodcock, who served for years as the country’s top drug regulator, said she believed the drugs coming into the United States from banned factories were safe. The FDA did not routinely test the drugs for quality problems. (Jason Andrew for ProPublica)

Woodcock said she didn’t see a need to inform the public because the agency believed the drugs were safe. She said she mentioned the practice periodically in closed-door meetings with congressional staffers, but she did not provide specifics about those conversations.

After Woodcock left her post in 2020 to help lead the agency’s response to the COVID-19 pandemic, the exemptions — including those for Sun and Intas — continued under her successor, Patrizia Cavazzoni. Cavazzoni, who left the agency earlier this year and rejoined Pfizer, declined to comment.

Former FDA Commissioner Robert Califf, who led the agency when Sun and Intas received exemptions, told ProPublica that tough calls had to be made and the practice did not worry him.

The FDA did not respond to questions about who made those decisions or how the drugs were evaluated, and it declined requests for interviews with officials who currently oversee drug regulation. In an email, the agency said the exemptions are “thoroughly evaluated through a multi-disciplinary approach.”

Years after the FDA started granting exemptions, some current and former officials say they wrestle with a lingering fear that bad drugs are circulating in the United States.

“It’s not even a hypothetical,” said one senior FDA employee familiar with the exemptions, who, like others, spoke on the condition of anonymity because they were not authorized to speak publicly. “It’s not a question of if — it’s a question of how much.”

“It Was Rotten Eggs”

Although the FDA has been giving companies a way around import bans since at least 2013, the internal process was so secretive that many current and former FDA officials said they have no idea how many exemptions have been granted or for what drugs. In an email, the agency said it did not maintain a comprehensive list.

Even two high-level FDA staff members who worked on drug shortage challenges for the agency said in interviews they had never heard of the exemptions.

Congress required the FDA in 2012 to provide specific information every year about how and when the agency relaxed its rules for errant drugmakers to prevent shortages. But the FDA did not mention exemptions to import bans until 2024 — and only then in a single footnote of its 25-page report to Congress.

ProPublica uncovered the frequent use of exemptions by searching for the “import alert” list published on the FDA’s website that names factories banned from the U.S. marketplace. Because the agency publishes only a current list and doesn’t make the old ones public, the news organization used internet archives and FDA documents maintained by the data analytics company Redica Systems, ultimately compiling import alerts dating back more than a decade. The lists identify the drugs exempted from bans but provide few other details.

ProPublica reviewed scores of inspection reports and corporate documents for overseas factories and interviewed more than 200 people, including current and former officials of the FDA, to understand the little-known practice and the ongoing threat posed by the agency’s decisions.

The investigation revealed not only how many drugs received exemptions from import bans, but also how long the FDA allowed those exemptions to stay in place — in some cases for years.

The agency has removed exemptions when there is no longer a shortage concern. In those cases, the drugs are then banned along with the others at the factory. Both Sun and Intas have had drugs that lost their exemptions.

Two and a half years after the Sun factory was banned, five drugs are still exempted. Intas, whose factories were banned in 2023, currently has 24 drugs on the list. The bans themselves are removed only after companies fix the problems.

Earlier this month, the FDA went back to the Sun Pharma factory for a surprise inspection and found ongoing problems, according to a Sun filing with the Indian stock exchange and Indian media reports. The concerns focused on the way sterile drugs were made, including some of the exempted drugs still being sent to the United States, according to a person familiar with the situation who did not want to be named because they were not authorized to speak publicly.

The FDA said it put protections in place for exempted drugs: Manufacturers are required to conduct additional quality checks before they are sent to the United States. That has included extra drug-safety testing, in some cases at an independent lab, and bringing on third-party consultants to verify the results.

The agency did not provide ProPublica with the names of the third-party consultants hired by Sun and Intas. Intas declined to name its consultants.

“The odds of these drugs actually not being safe or effective is tiny because of the safeguards,” said one former FDA official involved in the exemptions who declined to be named because he still works in the industry and fears professional retribution. “Even though the facility sucks, it’s getting tested more often and it’s having independent eyes on it.”

But current and former FDA inspectors said those safety measures require trusting the vigilance of companies that were banned, at least in part, for providing unreliable or deceptive test results to the government or failing to investigate reports about drugs with contaminants or other quality concerns.

The FDA has granted exemptions from import bans to more than 20 foreign factories despite serious quality issues. In this 2019 inspection of a factory in south-central India, inspectors found cross-contamination on drugmaking equipment. (Obtained by ProPublica. Highlighted by ProPublica.)

The FDA could have done its own routine testing of the exempted drugs but chose not to. The agency said in an email that it tests the drugs using a “risk-based approach” but would not provide ProPublica with any information about which drugs have been tested and what the results were.

Woodcock said testing was expensive and budgets were tight. She acknowledged that regularly assessing the exempted drugs for quality or safety concerns “would have enhanced our confidence … and made everyone more comfortable.”

The European Union, by contrast, requires drugs made in India and China to be checked for quality on EU soil. And the U.S. Department of Defense is conducting its own testing of more than three dozen generic medications and has already identified potency and other quality issues.

“If you don’t know about the quality of the product, why are you letting it in?” said Murray Lumpkin, the FDA’s former deputy commissioner for international programs, who left the agency in 2014 before most of the exemptions were granted.

Beyond the lack of testing, the FDA didn’t actively look for patterns of harm among the exempted drugs in its adverse event database, Woodcock and others said.

ProPublica’s analysis of that data found thousands of reports both before and after the factories were given a pass to sidestep import bans. The reports described unexpected cases of cardiac arrest, blurred vision, choking, vertigo and kidney injuries, among other issues — and in some instances identified specific concerns about how the drugs were made.

Photos from an FDA inspection show discarded and shredded records. Drugmakers are supposed to retain records like these for inspectors to review to prove that drugs going to American consumers are safe and effective. (Obtained by ProPublica)

One person who took Intas’ clonazepam, a sedative and epilepsy drug, reported getting “brain zaps” and bright blue teeth from the coating of dye on the drug. The FDA received the complaint the same month the agency exempted the drug from the import ban.

Even before the FDA exempted Intas’ antidepressant bupropion, consumers reported that it made them sick, wasn’t always effective and had an abnormal odor, which pharmacists and others say can happen when an inactive ingredient breaks down.

“It was rotten eggs,” Nari Miller, a geologist in California who took the pills in 2022 and had severe stomach pain, told ProPublica. “I opened it and smelled it when I got home and it was awful.”

Intas said it could not respond to specific complaints and that all drugs have side effects. “Intas and Accord pay attention to each and every adverse event report,” the company said, adding, “Accord and Intas are committed to continuing to bring safe and effective medicines to patients.”

In its statement, the FDA said the database is monitored weekly for new reports in general. Woodcock, however, acknowledged the reports about exempted drugs, ideally, “would be under much more scrutiny.”

Excerpt from an FDA inspection of the Sun Pharma factory that led to an import ban (Animation by Lisa Larson-Walker/ProPublica)

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Too Big to Fail

Decisions made by the FDA decades ago gave rise to the use of exemptions and the risks that now confront the American public.

When new brand-name drugs come to market, they are protected by patents and exclusive sales rights that make them generally expensive. When patents expire, generic drug companies rush in to make their own versions, which are supposed to be equivalent to the brand. Generics are often far cheaper, and insurance companies typically insist that patients use them.

In the 2000s, as the cost of brand-name drugs soared, the FDA began to approve large numbers of generics. The agency, however, gave hundreds of those approvals to foreign manufacturers that had been in trouble before, companies well known to the inspectors working to stamp out safety and quality breakdowns at overseas factories, ProPublica found.

The FDA granted Sun Pharma alone more than 250 approvals for generic drugs since the late 2000s, when the company started amassing violations, records show. The agency’s decisions helped to transform the company from a local provider in India to one of the leading exporters of medications to the United States, with nearly $2 billion in annual U.S. sales.

The approvals kept coming as inspectors continued to raise concerns about manufacturing practices at the company’s factories in India, government records show.

More problems were found at a factory that Sun had acquired in Detroit, where the diabetes drug metformin was contaminated with metal scrapings. The violations were so significant that federal marshals in 2009 raided the plant and seized drugs. The company eventually shuttered the factory.

The rapid expansion of Sun and other foreign drugmakers set off new alarms among inspectors, their supervisors and advisers to Woodcock.

“In a rational system, you would have said, ‘This company is not producing properly, so let’s not approve any more of their drugs,” said William Hubbard, former FDA deputy commissioner for policy, planning and legislation. “The agency in a sense kind of let this happen.”

Ajaz Hussain, the former deputy director of an FDA office that oversaw pharmaceutical science, said that after leaving the agency and becoming a consultant, he made his concerns known in meetings with Woodcock and others.

“They can’t manufacture it. Why do you keep approving it?” Hussain recalled in an interview with ProPublica. “I said, ‘Wake up.’ … But they didn’t listen.”

Hussain in 2012 went to work for Wockhardt, one of the largest pharmaceutical companies in India, but quit eight months later after he said he told his superiors about manufacturing failures in the company’s factories.

Although FDA inspectors had reported lapses after multiple visits to Wockhardt plants between 2004 and 2012, the agency cleared the way for the company to export sedatives, antibiotics, beta blockers, painkillers and other generics to the United States, records show. Wockhardt received exemptions from import bans in 2013. The company did not respond to repeated requests for comment, but at the time, the company said it was going to quickly address the FDA’s concerns.

The FDA could have denied generic drug applications — nothing in the law prohibits the agency from saying no to companies with spotty track records. In an email, the FDA said it considers a company’s history and conducts inspections in some cases before issuing approvals.

Woodcock said the agency knew which factories were poor performers but feared being sued by companies blocked from introducing new drugs based on past behavior. Instead, she said that she tried to convince drugmakers to invest in equipment and practices that would turn out higher-quality drugs.

“We had many meetings about this, and we agonized about all these problems,” she said.

But little changed.

Shortages vs. Quality

In 2008, dozens of Americans were killed by contaminated blood thinner from China. So when Margaret Hamburg was appointed commissioner of the FDA in the aftermath of the crisis, she pressed the agency to crack down on overseas drugmakers.

Her efforts ran headlong into what would become the worst drug shortage in modern history. By 2010, cancer drugs were scarce. So were the drugs on hospital crash carts. In all, more than 200 critical medications were in short supply.

Razor-thin profit margins had limited the number of companies that were willing to make generic drugs. And the FDA’s enforcement overseas had forced some manufacturing lines to temporarily shut down, which exacerbated the problem.

LeRoy Hubley, whose wife and son died after taking a tainted generic blood thinner from China, testified before Congress in 2008. The crisis helped prompt the FDA, under Commissioner Margaret Hamburg, to ramp up inspections of overseas drugmakers. (Brendan Smialowski/Bloomberg News)

Congress lambasted the FDA for the shortages and started requiring the agency to prove every year how it was combatting the problem.

At the time, the FDA had a small team focused on shortages that operated on the edges of Woodcock’s 4,000-person Center for Drug Evaluation and Research. With the pressure on, Woodcock elevated the team in 2010 to report directly to her deputy, a move that gave those staff members a commanding voice at the highest levels of the agency, several former staffers told ProPublica.

After 16 years in top leadership roles, Woodcock was formidable enough to force a culture change. Standing 5’2” in FDA conference rooms where she had often been disregarded as the lone woman, Woodcock had fought for her status — sometimes, she said, pushed nearly to tears with frustration. The board-certified internist asserted her authority by wielding data, what she called “brute force” and the soft persuasion of an occasional gift of an orchid, picked from her garden in suburban Maryland.

Woodcock, an avid gardener, retired from the FDA last year. (Jason Andrew for ProPublica)

By 2010, Woodcock had marshalled the center into a powerhouse with great independence — in many ways, outside the reach of the political whims of the commissioners who came and went. Those who worked with her over the years said despite her approachable manner, she fiercely guarded her territory.

In the conference room next to Woodcock’s office, the drug shortage staff began to weigh in whenever the FDA’s compliance team moved to penalize wayward drugmakers because of bad inspections, according to several former FDA officials involved in the deliberations.

Sometimes the small group would decide that a factory could no longer ship drugs to the United States and would try to get other manufacturers to make more. And other times, the group determined that exemptions from import bans were the only course.

Discussions could be tense and often lasted for weeks. A former employee on the compliance team told ProPublica that they repeatedly argued to impose a total import ban on a foreign factory because they feared the drugs couldn’t be trusted. They were left feeling uncomfortable about an exemption granted anyway — for a product that they would not use themselves.

Without exemptions, Woodcock told ProPublica, the FDA might have been forced to source the drugs from a “totally unknown manufacturer, say, from China or somewhere.”

Current and former FDA officials said the concessions became a yearslong practice rather than a stopgap measure and that the protections put in place by the agency were not sufficient. They question why Woodcock and her successor didn’t do more to raise alarms with Congress or the public about the decision to rely on inadequate factories for critical drugs.

Woodcock said she thought the exemptions were a symptom of larger issues involving the drug supply that the FDA had no control over — the agency, for example, can’t force companies concerned about slim profit margins to produce generic drugs.

Two former FDA commissioners told ProPublica they knew about the practice but were not included in the decision-making.

Hamburg, who spent six years at the agency under the Obama administration, said the extent of the practice surprised her. “Had I known that it was sort of an open-ended policy, I would have been disturbed,” she said.

One of her successors, Stephen Hahn, appointed during President Donald Trump’s first term, said more people should have been involved in the decisions.

“You’re talking about a drug of questionable quality being brought into the country,” he said.

Woodcock said she did not believe she needed their input. “I didn’t think in the individual circumstances it was necessary to elevate,” she said, “because what could they do?”

Excerpt from an FDA inspection of the Sun Pharma factory that led to an import ban (Animation by Lisa Larson-Walker/ProPublica)

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“We Know What Was Found”

In 2020, the billionaire founder of Sun Pharma joined a pivotal conference call with FDA compliance and investigative staff.

Dilip Shanghvi, whose father had run a wholesale drug business in Kolkata, India, started the company in the 1980s and ultimately turned Sun Pharma into one of the largest suppliers of generic drugs in the United States. On the call, Shanghvi spoke about improvements at Sun’s enormous plant in the Indian city of Halol, according to an FDA official who attended the meeting.

Among other drugs, the plant produced at least 16 sterile injectables for the U.S. market, according to a Sun email to the FDA obtained by ProPublica. Injectables are particularly dangerous if contaminated because the medication is injected directly into the body, unlike a pill that goes through the filtering of the digestive tract.

In 2018 and 2019, inspectors had reported a series of violations at the factory, and Sun had received more than 700 complaints about what appeared to be crystals or spider webs forming in one of its injectable medications, records show.

The company also had to recall more than 135,000 vials of vecuronium bromide, a muscle relaxer used during surgery, after reports that the medication contained glass particles. Sun said the defect could cause life-threatening blood clots.

On the call with the FDA, according to the agency official, Shanghvi assured the government that the Halol plant was turning out high-quality products.

Yet, when the three investigators went back to the factory that scorching morning in 2022 for the surprise inspection, it was clear within days that the FDA would have to take swift action.

Splitting up to check different parts of the plant, the inspectors quizzed workers about cleaning procedures and looked at disassembled equipment to see if it was contaminated with residue from old drugs. At one point, they spotted water leaking near areas where sterile drugs were made, an alarming observation because water can introduce contaminants capable of causing infections or even death.

Digging through company records and test results, they found more evidence of quality problems, including how managers hadn’t properly investigated a series of complaints about foreign material, specks, spots and stains in tablets.

The 2022 FDA inspection report of Sun’s Halol plant described metal particles in vials of injectable medication. (Obtained by ProPublica. Highlighted by ProPublica.)

Several FDA employees familiar with the inspection report — 23 pages of detailed violations — said they had no idea why the agency went on to exclude so many of Sun’s drugs from the subsequent import ban.

“We know what was found,” said the FDA official who attended the meeting with Shanghvi. “How could you trust [those] drugs?”

Sun did not respond to questions about the recalls or its regulatory history with the FDA. In its 2023-24 annual report, the company said, “We have a relentless focus on 24x7 compliance to ensure continuity of supplies to our customers and patients worldwide.”

The specific findings of the FDA’s latest inspection of the Sun plant conducted this month have not yet been made public, and the company did not respond to a request for comment.

To some current and former FDA officials and other experts, plugging a supply shortage with drugs that may be contaminated or ineffective is no solution at all.

“That might be helping a shortage but might be creating a new problem,” said Lumpkin, the former deputy commissioner.

Last summer, a pair of FDA investigators arrived at another manufacturing plant in India that had a bustling production line. After more than a week at the Viatris factory, they left with a familiar list of safety and quality violations.

The inspectors found that equipment wasn’t clean and managers failed to thoroughly investigate unexplained discrepancies in test results.

In a statement to ProPublica, Viatris said it immediately worked to resolve the FDA’s concerns. “Patient safety remains our primary and unwavering focus,” the company said.

Just before Christmas, the FDA banned the facility from exporting drugs.

Then the agency gave the factory a pass, and four of its drugs are still bound for the United States.

Patricia Callahan and Vidya Krishnan contributed reporting, and Alice Crites contributed research.

Medill Investigative Lab students Haajrah Gilani, Emma McNamee, Julian Andreone, Isabela Lisco, Aidan Johnstone, Megija Medne, Yiqing Wang, Phillip Powell, Gideon Pardo, Casey He, Lindsey Byman, Josh Sukoff, Kunjal Bastola, Shae Lake, Alyce Brown, Zhiyu Solstice Luo, Jessie Nguyen, Sinyi Au, Kate McQuarrie and Katherine Dailey contributed reporting.

by Debbie Cenziper, Megan Rose, Brandon Roberts and Irena Hwang

We Spent a Year Investigating How the FDA Let Risky Drugs Into the U.S. Market

2 weeks 2 days ago

We are still reporting. If you are a current or former FDA employee or someone in the industry with information about the agency, the safety of generic drugs, or the manufacturers that make them, our team wants to hear from you. Megan Rose can be reached on Signal or WhatsApp at 202-805-4865. Debbie Cenziper can be reached on Signal or WhatsApp at 301-222-3133. You can also email us at FDA@propublica.org.

It’s been 17 years since tainted blood thinner from China injured or killed hundreds of people in the United States, and since then, contaminants and other defects have appeared in a cross section of America’s generic drugs.

To understand how risky drugs could end up in our medicine cabinets, ProPublica spent more than a year investigating the U.S. Food and Drug Administration’s oversight of foreign factories accused of violating critical quality standards. Reporters focused largely on factories in India, a key supplier of the world’s generic drugs.

The investigation exposed how the FDA, without warning the public, allowed more than 150 drugs or their ingredients into the United States over the past dozen years even though they were made at factories banned from shipping products here. The agency did not routinely test the drugs as they were circulating in the United States or actively track whether consumers had been harmed.

The FDA and several former agency officials told ProPublica they believed the medications that were exempted from import bans were safe. They said the agency required generic drugmakers to conduct additional quality checks before the drugs were sent to the United States, including extra drug-safety testing and bringing on third-party consultants to verify the results.

To conduct its analysis, Propublica used Redica Systems, a quality and regulatory intelligence company with a vast collection of agency documents, as well as the Internet Archive’s Wayback Machine, to find hundreds of “import alert” lists published by the FDA over more than 15 years. The lists identified factories barred from shipping drugs to the United States because the FDA found manufacturing violations.

In examining those lists, reporters discovered references to drugs or raw ingredients that the FDA had excluded from the bans. The exemptions were mentioned with almost no explanation, scattered throughout the often lengthy alerts.

Because the FDA does not keep a comprehensive list of drugs that have been exempted from bans over the years, ProPublica had to build one. Reporters employed two distinct methods to do this. First, ProPublica wrote code that used keyword search and pattern matching to pull drug names and manufacturing locations from the FDA alerts. Second, ProPublica used artificial intelligence to extract the same information. Results from each analysis were cross-checked, and reporters verified each of the results.

In finalizing its analysis, ProPublica counted all drugs that were exempted from each banned factory. Sometimes, the same drug was exempted from multiple factories and was added to each factory’s total. In a handful of cases, the FDA exempted different formulations of the same drug, such as a tablet, capsule or injectable. ProPublica counted those different forms as distinct drugs.

ProPublica’s list of drugs exempted from import bans could be an undercount; there is no way to know for sure without a full accounting from the FDA.

The reporting team interviewed more than 200 people, including former FDA inspectors who repeatedly reported breakdowns in drugmaking overseas and top administrators directly involved in drug safety. ProPublica also obtained troves of government and corporate documents in the United States and India and filed suit against the FDA in November after the agency said it would take as long as two years to turn over public records related to drug safety. The FDA has since begun to provide some of the requested records; the case is active in federal court in New York.

ProPublica paid Redica for access to FDA inspection records and ultimately reviewed reports spanning more than two decades.

To gauge what the FDA knew about the drugs before and after they were exempted from import bans, ProPublica drew on reports from the agency’s Adverse Event Reporting System. The reports are submitted to the FDA by consumers, health care professionals, drug companies and others and used by the agency to detect safety concerns and potential patterns of harm. Each contains information about conditions or reactions linked to drugs and, in some cases, complaints about product quality.

ProPublica identified more than 8,000 reports about the drugs excused from factorywide import bans both before and after the bans were put in place. ProPublica’s analysis included reports from 2010 to early 2025.

The FDA has cautioned that information in the reports is not verified and there may be no “causal relationship” between the drug and the adverse event. Multiple drugs are sometimes listed in a single adverse event report. ProPublica limited its analysis to cases that listed only one primary suspect drug.

Some reports don’t list specific concerns but instead reference academic studies; ProPublica excluded those reports.

To examine the FDA’s role in the growth of foreign drugmakers, ProPublica used the agency’s Orange Book, a register of drugs considered safe and effective by the FDA. The list includes approvals for both brand name and generic drugs, the dates the drugs were approved and the names of the companies that submitted the applications. ProPublica’s analysis showed that companies with troubled regulatory histories received scores of approvals to introduce generic drugs in the United States — and some went on to receive exemptions from import bans.

Journalists have been uncovering problems with generic drugs for years. Katherine Eban’s bestselling 2019 book, “Bottle of Lies,” exposed how Indian drugmakers failed to follow basic quality and safety standards and often knowingly sent shoddy drugs abroad. In 2023, a Bloomberg investigation revealed, among other things, how poisoned cough syrup made in India spread around the world. And the independent watchdog The People’s Pharmacy has raised repeated concerns about the quality of some generic drugs.

ProPublica collaborated with journalism students from Northwestern University’s Medill Investigative Lab in Washington, D.C. Haajrah Gilani, Emma McNamee, Julian Andreone, Isabela Lisco, Aidan Johnstone, Megija Medne, Yiqing Wang, Phillip Powell, Gideon Pardo, Casey He, Lindsey Byman, Josh Sukoff, Kunjal Bastola, Shae Lake, Alyce Brown, Zhiyu Solstice Luo, Jessie Nguyen, Sinyi Au, Kate McQuarrie and Katherine Dailey contributed to this report.

by Brandon Roberts, Debbie Cenziper, Megan Rose and Irena Hwang

Federal Monitor Slams NYPD Unit Whose Aggressive Policing ProPublica Exposed

2 weeks 3 days ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

What Happened: A monitor appointed by a federal court has found that a New York City Police Department unit has been unjustly stopping and searching New Yorkers, almost all of them Black and Hispanic men. The report on the NYPD’s Community Response Team echoes a recent ProPublica investigation that found the unit, championed by Mayor Eric Adams, has been ridden with abuses.

The federal monitor found that while the CRT was initially created in the early days of the Adams’ administration to focus on so-called quality-of-life issues such as illegal motorbikes, its officers have more recently been “stopping, frisking, and searching unconstitutionally.”

What They Said: In a sample of body-worn camera footage, the monitor found that 41% of stops, searches, and frisks by CRT officers were unlawful, a far higher percentage than with other NYPD units. What’s more, while officers are required to document such stops, which the department then releases as public data, the report found that officers often failed to do so, and even when they did there was a “lack of meaningful review” by supervisors.

As ProPublica previously reported, that behavior goes back to at least 2023, when an NYPD audit found officers were wrongfully stopping New Yorkers and failing to log the incidents. Soon after the audit, the mayor took to Instagram. “Turning out with the team,” he wrote, showing a photo of him wearing the CRT’s signature khaki pants.

The federal monitor had other striking findings. For instance, it found that “97% of the individuals stopped, frisked, and searched were Black or Hispanic men.”

It also found, as ProPublica previously reported, that the NYPD had not been straightforward about the CRT with the monitor itself. Department officials had initially told the monitor that the CRT was just a “pilot program” that already ended, only for the monitor to later learn the team was here to stay and actually expanding.

Background: Our March investigation detailed a wide range of troubling behavior by CRT officers that alarmed NYPD leaders. In the fall of 2022, department lawyers and others warned that highlight videos of the CRT that the team posted on social media showed problematic conduct. Other incidents included a CRT commander who punched a driver, another commander who shoved a pedestrian into a car window and a third officer who drove into a motorbiker, ultimately killing him.

Over the past two years, New Yorkers have filed at least 200 complaints alleging improper use of force by CRT members, according to Civilian Complaint Review Board records. Another NYPD team with a similar size and mandate has had about half as many complaints.

Adams’ connection to CRT has been so close, former officials said, that the mayor was given private access to a live feed of the unit’s body-worn cameras. This year, he chose one of the team’s leaders, Kaz Daughtry, to be deputy mayor of public safety.

Why It Matters: The federal monitor for the NYPD was created a dozen years ago after a court found that the department had been engaging in widespread unconstitutional stop-and-frisks, a practice overwhelmingly focused on Black and Hispanic men. The seminal ruling imposed court oversight — the creation of the monitor’s office — of the country’s largest police department. The monitor in turn files regular progress reports.

The monitor’s latest report was filed with Judge Analisa Torres, who oversees the case and has the power to impose fixes. But whatever Torres does, the monitor’s findings make clear that the problems identified by the court all those years ago still persist.

Former NYPD Chief Matthew Pontillo, who wrote the 2023 audit of the CRT, said that the conduct of the team may actually be worse than what’s described in the monitor’s report, noting that the recent investigation relied on body-worn camera footage to examine officers’ conduct. In his own review, Pontillo had found that CRT officers were often not turning on their cameras to fully capture incidents.

Lawmakers and civil rights advocates have called for the CRT to be disbanded.

Response: The mayor’s office declined to answer ProPublica’s questions and instead suggested contacting the NYPD. The department has not replied to our questions.

Adams has previously defended the CRT. Asked about the unit at a mayoral press conference this spring, Adams said: “CRT is here. I support all my units. And if they don’t all stand up and do the job the way they’re supposed to do, those who don’t will be held accountable.”

The NYPD has also defended the CRT’s work and touted the unit’s confiscation of illegal motorbikes and ATVs.

by Eric Umansky

Trump Administration Abandons Deal With Northwest Tribes to Restore Salmon

2 weeks 6 days ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Oregon Public Broadcasting. Sign up for Dispatches to get our stories in your inbox every week.

Less than two years ago, the administration of President Joe Biden announced what tribal leaders hailed as an unprecedented commitment to the Native tribes whose ways of life had been devastated by federal dam-building along the Columbia River in the Pacific Northwest.

The deal, which took two years to negotiate, halted decades of lawsuits over the harm federal dams had caused to the salmon that had sustained those tribes culturally and economically for thousands of years. To enable the removal of four hydroelectric dams considered especially harmful to salmon, the government promised to invest billions of dollars in alternative energy sources to be created by the tribes.

It was a remarkable step following repeated failures by the government to uphold the tribal fishing rights it swore in treaties to preserve.

The agreement is now just another of those broken promises.

President Donald Trump signed a memorandum on Thursday pulling the federal government out of the deal. Trump’s decision halted a government-wide initiative to restore abundant salmon runs in the Columbia and Snake rivers and signaled an end to the government’s willingness to consider removing dams that blocked their free flow.

Thursday’s move drew immediate condemnation from tribes and from environmental groups that have fought to protect salmon.

“The Administration’s decision to terminate these commitments echoes the federal government’s historic pattern of broken promises to tribes,” Yakama Nation Tribal Council Chair Gerald Lewis said in a statement. “This termination will severely disrupt vital fisheries restoration efforts, eliminate certainty for hydro operations, and likely result in increased energy costs and regional instability.”

The government’s commitment to tribes, however, had been unraveling since almost when the deal was inked.

Key provisions were already languishing under Biden. After Trump won the presidency, his administration spiked most of the studies called for in the agreement, held up millions of dollars in funding and cut most of the staff working to implement salmon recovery. Biden’s promise to seriously consider the removal of dams gained little traction before it was replaced by what Trump’s energy secretary, Chris Wright, called “passionate support” for keeping them in place.

The chair of the White House task force to implement the agreement quit in April because of what he saw as Trump’s efforts to eliminate nearly everything he was working on.

“Federal agencies who were on the hook to do the work were being destroyed through untargeted, inefficient and costly purges of federal employees,” Nik Blosser, the former Columbia River Task Force chair, told ProPublica and OPB. “When I left, most things were on hold or paused — even signed contracts were on hold, which is a disgrace.”

Trump’s White House announcement called the Biden administration’s commitments “onerous” and said the president “continues to deliver on his promise to end the previous administration’s misplaced priorities and protect the livelihoods of the American people.”

“President Trump is committed to unleashing American energy dominance, reversing all executive actions that impose undue burdens on energy production and use,” the announcement read.

But the decision could also have some unintended consequences, experts say.

Trump signed an executive order in April to “restore American seafood competitiveness” but in revoking the Columbia River agreement has canceled millions of dollars to support the programs that seed the ocean with fish to catch. He signed a separate executive order on his first day in office to “unleash American energy dominance” but has now reversed a commitment, made under the Biden salmon deal, to build new sources of domestic energy. This week’s action has sent federal agencies back to court, where judges have repeatedly shackled power production at hydroelectric dams because of its impact on the endangered fish.

“It’s tempting to comment at length on the absurdity of the President’s order, including the fact that what he says he wants — stability for power generation — is in fact put more at risk by this action,” Blosser wrote in a post on LinkedIn. “Instead, I’ll look for inspiration to the mighty salmon, who don’t stop swimming upstream when they get to a waterfall.”

Back to Court

Before they began negotiating the Columbia River Basin agreement in 2021, federal agencies had been losing in court over the hydropower system for more than 20 years. Judge after judge ordered the federal government to use less water for making electricity and instead let more of the river spill through the dams’ floodgates so that fish could more safely ride the current past them.

The accord with states and tribes guaranteed up to a decade without those lawsuits. Trump canceled that.

The Bonneville Power Administration, which sells the hydroelectricity from federal dams, had more at stake than the rest of the agencies in the deal. When the government signed it, Bonneville Administrator John Hairston said it provided “operational certainty and reliability while avoiding costly, unpredictable litigation in support of our mission to provide a reliable, affordable power supply to the Pacific Northwest.”

In its most recent annual report, Bonneville credited the agreement for giving it the flexibility to increase hydropower production during times of high electricity demand, which helped stem the losses in an otherwise difficult financial year.

A major component of the agreement was the acknowledgment of the region’s dependence on hydropower and the need to build new sources of energy before removing the dams. It offered no guarantee of dam removal.

The Biden White House had pledged to help tribes develop enough renewable energy sources to replace the output of four dams on the Snake River, which salmon advocates have long wanted to remove. The administration also planned an analysis of how to meet the region’s energy needs without sacrificing salmon.

The Biden administration never followed through. Even tribally backed energy projects that were already in progress ran into bureaucratic quagmires. When Trump took office and slashed thousands of jobs from the Department of Energy, the commitment for new energy sources died too.

Proponents of Columbia River dams, including the publicly owned utilities that buy federal hydroelectricity, criticized the Biden administration for leaving them out of the negotiations that led to the agreement.

“I want to thank the President (Trump) for his decisive action to protect our dams,” Rep. Dan Newhouse, a Republican from Central Washington, said in a statement on Thursday. He said the Biden administration and “extreme environmental activists” would have threatened the reliability of the power grid and raised energy prices with dam removal.

Even critics of the Biden deal, however, acknowledge they do not want the issue to return to court, where judges’ orders have driven up electricity rates. When Bonneville can’t generate as much hydropower to sell, but still has to pay for hatcheries and habitat fixes for salmon, it has to charge utilities more for its electricity.

“I’m hoping that we avoid dam operations by injunction, because that doesn’t help anybody in the region,” said Scott Simms, executive director of the Public Power Council, a nonprofit representing utilities that purchase federal hydropower.

Earthjustice attorney Amanda Goodin, who represents the environmental advocates who signed the agreement, said the Trump administration’s actions would force a return to courts.

“The agreement formed the basis for the stay of litigation,” Goodin said, “so without the agreement there is no longer any basis for a stay.”

More Fish Will Die

The White House said that Trump’s revoking of the Columbia River deal shows that he “continues to prioritize our Nation’s energy infrastructure and use of natural resources to lower the cost of living for all Americans over speculative climate change concerns.”

Shannon Wheeler, chair of the Nez Perce Tribe, said the damage on the Columbia River is anything but speculative.

“This action tries to hide from the truth,” Wheeler said in a statement. “The Nez Perce Tribe holds a duty to speak the truth for the salmon, and the truth is that extinction of salmon populations is happening now.”

Wild salmon populations on the Columbia and its largest tributary, the Snake River, have been so sparse for decades that commercial, recreational and tribal subsistence fishing are only possible because of fish hatcheries, which raise millions of baby salmon in pens and release them into the wild when they’re old enough to swim to the ocean.

In some years, an estimated half of all the Chinook salmon commercial fishermen catch in Southeast Alaska are from Columbia River hatcheries, making them critical for “restoring American seafood competitiveness” as Trump aimed to do.

But some Columbia River hatcheries are nearly a century old. Others have been so badly underfunded that equipment failures have killed thousands of baby fish.

As ProPublica and OPB previously reported, the number of hatchery salmon surviving to adulthood is now so low that hatcheries have struggled to collect enough fish for breeding, putting future fishing seasons in jeopardy.

The Biden administration promised roughly $500 million to improve hatcheries across the Northwest. His administration never delivered it, and Trump halted all the funds before eventually canceling them with this week’s order.

Mary Lou Soscia, former Columbia River coordinator at the Environmental Protection Agency, said the administration’s dismantling of salmon recovery programs amounts to “cutting off your nose to spite your face.”

“We’re losing decades of accomplishments,” said Soscia, who spent more than 30 years at the agency.

“When the fish managers aren’t there to make real time river decisions, more fish will die,” she said. “Or the watershed restoration work will take a lot longer to happen because you won’t have funding and more fish will die.”

by Tony Schick, Oregon Public Broadcasting

100 Students in a School Meant for 1,000: Inside Chicago’s Refusal to Deal With Its Nearly Empty Schools

2 weeks 6 days ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week. To keep up with the latest education news, sign up for Chalkbeat Chicago’s free daily newsletter.

More than 4,000 students once crowded DuSable High School, then an all-Black academic powerhouse on Chicago’s South Side. Its three-story Art Deco building drew students with a full lineup of honors classes, a nationally known music program and standout sports teams.

Nat King Cole played the piano in his classroom as a DuSable student. Harold Washington, Chicago’s first Black mayor, studied there. On Friday nights, teenagers zipped through its hallways on roller skates and danced in the gymnasium.

But at the turn of the millennium, enrollment plunged as Chicago closed a massive public housing complex nearby and a growing number of Black families left the city. Amid a national infatuation with smaller high schools 20 years ago, Chicago Public Schools conducted a grant-funded experiment to chop DuSable into three separate schools sharing a campus. What remains today, after that grant money ran out, is an enormous building and, inside, two tiny schools clinging to life.

One has about 115 students and claims the north corridors. The other, with only 70 students, takes the south wings. The inoperable pool is off-limits.

Hundreds of unneeded hallway lockers hide behind decorative paper and student posters of Pakistani activist Malala Yousafzai, Supreme Court Justice Sonia Sotomayor and former first lady Michelle Obama, whose father attended in the 1950s.

The two little high schools in Bronzeville share the same entrance and sports teams, but other things are doubled: two main offices, two principals, two assistant principals, two school counselors. Even though there’s a teacher for roughly every five students, the course offerings are limited.

Chicago Public Schools operates more than 500 schools and spends about $18,700 per student to run buildings that it considers well-utilized. At the DuSable schools, the cost is closer to $50,000 a student.

The DuSable schools are emblematic of an unyielding predicament facing the district. Enrollment has shrunk. Three of every 10 of its schools sit at least half-empty, and they are costly to run.

More critically, there are 47 schools, including those inside DuSable, operating at less than one-third capacity, by the district’s measure. That’s almost twice as many severely underenrolled buildings as Chicago had in 2013, when it carried out the largest mass school closings in the country’s history, Chalkbeat and ProPublica found. The most extreme example is Frederick Douglass Academy High School, which has 28 students this year and a per-student cost of $93,000.

Many of those schools are in historic buildings that need millions of dollars in repairs.

The costs are not only financial. Students in the city’s smallest schools have fewer courses to choose from and often miss out on clubs, extracurricular activities and sports. Chicago’s underenrolled high schools are more likely to have lower graduation and college enrollment rates. They tend to struggle with chronic truancy and higher dropout rates, a ProPublica and Chalkbeat analysis found.

But officials in Chicago have chosen not to confront the problem of the city’s tiny schools. The teachers union and Chicago Mayor Brandon Johnson, who used to be an organizer and legislative liaison for the union, are quick to shut down discussion of downsizing. Widespread anger over the 2013 closures helped fuel the union’s rise to political power over the past decade; the union has also wielded the radioactive closure issue to undermine opponents, notably outgoing district CEO Pedro Martinez.

Union leaders, many community activists and some researchers say closures disrupt displaced students’ learning and harm the city’s predominantly Black and Latino neighborhoods, which were disproportionately affected by that earlier wave of closures. They argue the district needs to do much more to try revitalizing these campuses before it considers shuttering or merging them.

Helping to delay a reckoning: Since 2013, the district has operated under a series of moratoriums on closing schools, including one state lawmakers enacted with strong support from the teachers union. And a statewide school finance overhaul under former Republican Gov. Bruce Rauner increases or at least holds funding steady for districts even if enrollment declines.

Chicago has too many schools for the number of students it serves today, Martinez said in an interview with ProPublica and Chalkbeat. The district is spending too much on aging buildings, and it’s not providing a rich experience for students in many of its tiny schools, he said, adding: “They’re not having joy in that environment.”

But he said he inherited a closure moratorium and worked with school boards that had no appetite for closing or merging schools. “Our footprint is too large,” said Martinez, who leaves the district this month. “Every time somebody wants to address this issue, you see at all levels of politics, nobody wants to do it.”

He said he hopes a fully elected school board that will take over in 2027 will tackle the issue head-on, working closely with the communities it serves.

In a statement, the district noted its building utilization formula is “just one measure,” and it could overestimate available space.

The mayor’s office did not respond to requests for comment.

With public school enrollment declining across the country, a growing number of cities — Milwaukee; Denver; Flint, Michigan; Boston; San Francisco; Philadelphia — are grappling with the issue of underenrollment. Some plan to close schools.

But Chicago, the country’s fourth-largest district, operates on a larger scale: It has more students and more buildings than most other cities. The city’s school-age population, meanwhile, is on a downward trajectory, federal COVID-19 aid ran out this year and the district faces a budget deficit of more than $500 million.

And yet, Chicago “doesn’t seem to be having an honest conversation about the challenges it’s facing,” said Carrie Hahnel, a school finance researcher with the nonprofit Bellwether.

The DuSable High School building houses two smaller schools, the Bronzeville Scholastic Institute and Daniel Hale Williams Preparatory School of Medicine. Unused lockers are covered with posters and decorative crafts. (Akilah Townsend for ProPublica) “A Lack of Political Courage”

The 2013 closings of 49 Chicago elementary schools and one small high school were more than controversial. Families there felt that their communities were being torn apart as the city moved to shutter schools with long and rich histories. After protests and angry meetings, students were displaced to schools that were farther away from home. Neighborhood hubs were mothballed.

Deep distrust of Chicago Public Schools after the mass closures lingers, especially in Black neighborhoods like DuSable’s Bronzeville. University of Chicago research showed those closures set students back academically, though a small number who moved to high-performing campuses fared better. Some community groups and the teachers union in Chicago see schools as a public good; shuttering them is another mark of disinvestment.

That was the backdrop when a group of DuSable High School alumni grew concerned about dwindling enrollment at their beloved school and worried the district might target the building for closure. They approached CPS just before the pandemic with an alternative idea: Consolidate the two tiny schools at DuSable and focus classes on STEM careers.

The Bronzeville Scholastic Institute and the Daniel Hale Williams Preparatory School of Medicine would unite and revert to the name DuSable.

The alumni had no illusions that they could fully restore DuSable to what it once was. Compared to the school’s heyday, a much smaller number of school-age children live in Bronzeville today. But the alumni wanted more for the school.

The group met repeatedly with school and district leaders in DuSable’s wood-paneled social room, where trophies mark decades of athletic and musical excellence.

Officials told the group to get more input from current families at both schools — a daunting task given that the district would not provide their names or contact information. The plan fizzled out.

Hal Woods, now a policy director with the parent advocacy nonprofit Kids First Chicago, worked as the district’s school development director at the time and sat in on those meetings. He said the bottom line was that the plan smacked too much of a closure.

“We didn’t want to be seen with our fingerprints on this,” he said.

The Robert Taylor Homes — at one time the largest public housing project in the United States — once loomed over DuSable High School, as seen in these images from 1966. The complex was demolished by 2007, and DuSable High School never recovered from the loss of that student population. (Chicago Sun-Times Collection/Chicago History Museum)

Former school board President Jianan Shi, a Johnson appointee who served from 2023 to 2024, said rebuilding trust and planning for schools’ future with local communities at the helm takes time; it must begin now.

But, he said, “There’s a lack of political courage to have this conversation, and yet it’s often weaponized.”

Amid the uproar over the 2013 closings, Chicago’s then-mayor, Rahm Emanuel, vowed that his appointed school board would not close schools for five years. The state legislature then imposed a 2021 moratorium on closing Chicago schools until January of this year, part of a bill that changed the Chicago Board of Education to an elected, rather than mayor-appointed, body.

Today, Chicago has 634 schools, including 119 charter and contract schools run by outside entities, and a teachers union ally holds the mayor’s office. Last September, amid a power struggle between Johnson and Martinez, the Chicago Teachers Union publicized a facilities analysis that the district had done in late 2023, which included hypothetical scenarios for consolidating 75 schools, including Williams and Bronzeville. The union argued that even entertaining that idea was cause to fire Martinez immediately.

As the CTU pounced, Martinez pushed back, saying the district had concluded that no school would be closed while he was in charge — which he now says was really the school board’s decision. At the next school board meeting, he presented a new resolution that got unanimous support: CPS would not close any schools until 2027.

But the city’s demographic realities are not on hold. About 325,000 students enrolled this year, a drop of more than 70,000 from a decade ago. District officials project that three school years from now, there could be as few as 300,000 or, in a best-case scenario, as many as 334,000 students. Those estimates are based in part on the city’s sharply falling birth rates. Citywide, from 2011 to 2021, the number of births dropped by more than 43%.

Still, CTU leaders insist that the city is actually poised for a population turnaround. During President Donald Trump’s second administration, Chicago under Johnson can bill itself as a progressive refuge — a place that protects immigrants, abortion care, LGBTQ+ rights and access to gender-affirming care for transgender youth and adults, said Jackson Potter, vice president of the CTU.

“We are going to need to be a citadel of protection,” he said, adding that the last thing the city wants is to shutter some of its schools, then see families arriving in these neighborhoods en masse only to find limited classroom seats.

The union’s real issue with school closures, Potter said, is that Chicago has done them without enough educator and community input and has rushed them, destabilizing other nearby schools.

An influx of immigrant families allowed CPS to stabilize its enrollment and the city to notch modest population increases in the past two years after a lengthy decline. But some demographers think the Trump administration’s immigration crackdown might mean these gains are short-lived.

Jim Lewis, a senior researcher at the Great Cities Institute, a research hub at the University of Illinois Chicago, is skeptical about the possibility of an influx of school-age children in areas with shrinking schools. Some gentrifying Chicago neighborhoods have drawn new residents, but they tend to be higher earners who generally have fewer kids.

Lewis cautions that people tend to overestimate the power of schools to attract residents. Studies have shown that crumbling schools can deter families, he said. But research also suggests new programs and attractive campuses can only do so much to draw them — unless those schools come with a complete package of job opportunities, safe neighborhoods, affordable housing and more.

“I’m all for beautiful new schools,” Lewis said. “Do I think by itself it changes the demography of a place? I don’t think so.”

What to do about underenrolled schools and Chicago’s diminished school-age population is a decision for Chicago’s school board. Currently, 10 members are elected and 11 are appointed by the mayor. Next year, all will be up for election.

Some members, who said they could only speak candidly if they aren’t named, said the board must discuss solutions for tiny schools, including consolidation. But being branded “school closers” is a concern ahead of elections. Others said they’re open to discussing alternatives to school closings, including bringing health clinics or other family services into vacant parts of underenrolled schools.

“I think we have to talk about small schools as a result of historic racism, underfunding, neglect and inequity,” said member Debby Pope, a former CTU employee. A conversation is going to be essential, she said, but with a moratorium on closings in place and the possibility that the board could extend it, “I don’t think this is the moment for that conversation.”

Dozens of Chicago schools are operating at less than one-third capacity. (Taylor Glascock for ProPublica) Small Enrollment, Limited Opportunities

About 5 miles southeast of DuSable is Hirsch High School, which was one of the district’s largest school building projects when it opened in the 1920s and once dealt with severe overcrowding. It’s gotten so small now that M’Kya Craig had taken all the electives the school offered by her junior year.

She was one of roughly 100 students at Hirsch, which could enroll 1,000. She browsed the school’s limited courses and decided to take yearbook for a second time. She was bracing to take the course a third time her senior year, but Hirsch added an African American literature class.

Craig appreciated that staff at the small school got to know her well, including a counselor who helped her get into Chicago State University. But she often felt frustrated by the school’s slim course offerings and scarce extracurriculars over the years.

“We lost a lot over the years due to being a small school,” she said.

Most of the district’s underenrolled schools serve students who do not participate in Chicago’s expansive system of school choice, where high-performing students test into selective schools ranked the best in the state, and other students find their way to magnets, charters or strong neighborhood schools, often in wealthier parts of Chicago.

Many of the district’s small schools serve Chicago’s highest-needs students.

Hirsch High School on Chicago’s South Side opened in 1926 and has the capacity for 1,000 students. It currently has around 100. (Taylor Glascock for ProPublica)

At the Daniel Hale Williams Preparatory School of Medicine, one of the schools inside DuSable, junior Georgia Deaye was drawn to the school’s medical career program and loves the close-knit feel.

“The connection with teachers is way deeper than if I was at another school,” she said.

She participated in a summer internship program that Williams accesses through one of the larger district high schools and recently got her CPR certification. The most recent graduation rate at Williams was 93%, among the highest in the district. The graduating class was 14 students. There are a total of 70 students enrolled there, at a cost of $54,000 per student.

“Small schools are not always painted in a positive light,” said Williams Principal Leonetta Sanders, but the smaller environment is ideal for some students. In part because of its size, the campus hasn’t had to deal with gang problems or violence, she said.

“Safety,” she said, “is always money well spent.”

Some research has suggested that students tend to do better in smaller schools, notes Bruce Fuller, an expert at the University of California, Berkeley. But those findings apply to small-by-design campuses with healthy enrollments, not schools that have shrunk dramatically as families have moved away.

Fuller doesn’t think that student outcomes at those underenrolled schools have been studied rigorously because it would be too hard to control for factors such as the high needs of the students they tend to serve. “There’s consistent evidence that smaller can be better,” Fuller said. “But small in this lifecycle of decline is a totally different story.”

In Chicago’s tiny schools, the limitations, even at a high per-student cost, are substantial. Bronzeville Scholastic Institute, the other school inside DuSable, used to be able to teach Spanish and French but now offers Spanish only. The school once offered Advanced Placement and International Baccalaureate courses but realized it could not continue to offer both; it kept the IB program.

The schools have tried to make up for the limited course offerings by encouraging students to take online courses and dual-enrollment classes that local community colleges offer to high school students.

“You’ve got 12 kids in a class. The board is not going to pay for a calculus teacher,” Grace Dawson, who leads DuSable’s robust alumni group, said of the school district. Students are being “robbed” of opportunity, said Dawson, a former Chicago school principal.

Flush with federal COVID aid, the district added more than 7,500 new positions over the past four years even as enrollment kept declining. It also recently started guaranteeing a certain number of staff, including 10 teachers, at each school regardless of enrollment. Williams and Bronzeville, which used to share an assistant principal and a gym teacher, each hired their own. Douglass High School on the city’s West Side now has 27 employees for 28 students.

That includes six regular education teachers, six special education teachers, a school counselor, a college and career coach, a conflict resolution specialist, a restorative justice coordinator, and an assistant principal and principal. The cost to run the school is $93,000 per student.

“Is a Douglass student getting a $93,000-a-year experience? No,” said Woods of Kids First Chicago. “We can confidently say that. CPS pumps extra dollars into these schools so they can offer the bare minimum."

The district, which handles requests for comment about individual schools, did not dispute the high per-pupil price tag at Douglass. It has said its new budgeting approach gives all schools a fiscal boost regardless of size.

David Narain, who was principal at Hirsch until 2023, said the school’s smaller size allowed his staff to focus intensely on a highly mobile student body, where many students came in reading at the third or fourth grade level. But it was challenging to build a school culture on a campus with so few students.

“You try to have a homecoming, but there’s no football team,” he said. “There’s nothing to come home to.”

And Narain understands the financial tension the district faces. “The writing is on the wall,” he said. “You can’t continue to run these schools and give them all of these resources.”

Williams Preparatory School, one of the schools inside DuSable, offers students a medical career program. (Akilah Townsend for ProPublica) Old Buildings, Big Expenses

In a district with a $10 billion budget, the overall spending on staff and programs at small schools can seem negligible. But keeping aging campuses running is costly no matter how many students are there. The average Chicago school building is 85 years old; dozens of them were built before 1900.

Analysis of capital spending data by ProPublica and Chalkbeat found that since 2017, the district’s 47 severely underenrolled schools — ones that sit more than two-thirds empty — have cost more than $213 million to maintain and renovate.

The emptiest buildings account for $400 million of the district’s estimated $3.1 billion in needed critical repairs. The DuSable building alone needs $21 million in urgent repairs.

Adding to the financial uncertainty at CPS is the Trump administration’s threat to withhold federal funding from districts such as Chicago that have maintained their diversity, equity and inclusion efforts.

Education policy researcher Chad Aldeman, the former policy director of the Edunomics Lab at Georgetown University, said some closures or consolidations seem inevitable on the heels of Chicago’s massive enrollment losses. If the district doesn’t make a plan now — with community input and help to ease the transition for students — it could find itself scrambling later to reorganize in crisis mode.

“A lot of places that are closing schools are in financial distress,” Aldeman said. “They are trying to save money rather than thinking holistically.”

Closing schools can also carry steep costs. In 2013, the district spent big to add staff at schools that took in students, spruce up those schools and move furniture out of the closed buildings.

Then there’s what to do with vacant buildings. The district is still trying to sell 20 vacant schools from the 2013 closures, which it pays to maintain.

CTU leaders, who pushed to add thousands of new school staff positions in recent contract talks, have long advocated spending more to breathe new life into underenrolled schools — an invest-and-they’ll-come theory.

Potter, the CTU vice president, holds up Dyett High School — which the district closed but later reopened after a CTU-supported hunger strike in protest — as an example of a “phoenix rising from the ashes.” Its basketball team won a state title this year. Though the school is still at 58% capacity, enrollment has stabilized at roughly 500 students, a benchmark CPS has used to weigh whether a high school is big enough.

“Why would you start with a question about consolidations when you can start with a question about support?” he said.

But recent years have tested the power of added investments to boost enrollment.

In 2018, the district and teachers union jointly launched an initiative to target 20 high-poverty campuses, including Dyett, with an additional $500,000 a year. They’ve used the money to partner with a local nonprofit to offer more services for students and families.

Some of these schools have since reported parent and student engagement gains. But with a few exceptions, they have steadily lost enrollment since then, in some cases dramatically.

by Mila Koumpilova, Chalkbeat, and Jennifer Smith Richards, ProPublica

Adriana Pera Joins ProPublica as Engagement and Tips Coordinator

3 weeks ago

ProPublica announced on Thursday that Adriana Pera has been hired as an engagement and tips coordinator, where she’ll work to ensure that the tips that flow into our newsroom remain secure and are routed to the appropriate reporters.

Pera was most recently an engagement producer at KPCC/LAist, where she worked on projects related to civics, democracy and education.

“Reader tips are the lifeblood of our newsroom, and we’re fortunate to have a journalist as seasoned and thoughtful as Adriana at the helm,” said Tyson Evans, chief product and brand officer.

“I’m a firm believer that journalism is better when we hear from sources and community members with direct knowledge of what’s happening,” Pera said. “I am beyond ecstatic to join ProPublica’s impressive engagement team and to uphold the accessibility, security and impact of their tips line.”

by ProPublica

Shattered Science: The Research Lost as Trump Targets NIH Funding

3 weeks ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

The National Institutes of Health is responsible for more than 80% of the world’s grant investment in biomedical research. Its funding has sparked countless medical breakthroughs — on cancer, diabetes, strokes — and plays a fundamental role in the development of pharmaceutical drugs.

Scientists compete vigorously for a slice of the more than $30 billion that the agency doles out annually; they can spend years assembling grant applications that stretch thousands of pages in hopes of convincing peer reviewers of the promise of their projects. Only 1 in 5 gets chosen.

The NIH has rarely revoked funding once it has been awarded. Out of the tens of thousands of grants overseen by the institution since 2012, it terminated fewer than five for violations of the agency’s terms and conditions.

Then Donald Trump was reelected.

Since his January inauguration, his administration has terminated more than 1,450 grants, withholding more than $750 million in funds; officials have said they are curbing wasteful spending and “unscientific” research. The Department of Government Efficiency gave the agency direction on what to cut and why, ProPublica has previously found, bypassing the NIH’s established review process.

“The decision to terminate certain grants is part of a deliberate effort to ensure taxpayer dollars prioritize high-impact, urgent science,” said Andrew G. Nixon, the director of communications for the Department of Health and Human Services. He did not respond to questions about the terminated grants or how patients may be impacted, but he said, “Many discontinued projects were duplicative or misaligned with NIH’s core mission. NIH remains focused on supporting rigorous biomedical research that delivers real results — not radical ideology.”

Targeted projects, however, were seeking cures for future pandemics, examining the causes of dementia and trying to prevent HIV transmission.

The mass cancellation of grants in response to political policy shifts has no precedent, former and current NIH officials told ProPublica. It threatens the stability of the institution and the scientific enterprise of the nation at large. Hundreds of current and former NIH staffers published a declaration this week — cosigned by thousands of scientists across the world, including more than 20 Nobel laureates — decrying the politicization of science at the agency and urging its director to reinstate the canceled grants. Many researchers have appealed the terminations, and several lawsuits are underway challenging the cuts.

It has been difficult for scientists and journalists to convey the enormity of what has happened these past few months and what it portends for the years and decades to come. News organizations have chronicled cuts to individual projects and sought to quantify the effects of lost spending on broad fields of study. To gain a deeper understanding of the toll, ProPublica reached out to more than 500 researchers, scientists and investigators whose grants were terminated.

More than 150 responded to share their experiences, which reveal consequences that experts say run counter to scientific logic and even common sense.

They spoke of the tremendous waste generated by an effort intended to save money — years of government-funded research that may never be published, blood samples in danger of spoiling before they can be analyzed.

Work to address disparities in health, once considered so critical to medical advancement that it was mandated by Congress, is now being cut if the administration determines it has any connection to “diversity,” “equity” or “gender ideology.” Caught in this culling were projects to curb stillbirths, child suicides and infant brain damage.

Researchers catalogued many fears — about the questions they won’t get to answer, the cures they will fail to find and the colleagues they will lose to more supportive countries. But most of all, they said they worried about the people who, because of these cuts, will die.

Research Frozen

The NIH often awards funding in multiyear grants, giving scientists the time and intellectual freedom to pursue their work uninterrupted. They plan experiments, hire staff and make equipment purchases on long timelines.

Now, studies can’t be completed. Papers can’t be published. Years of research may be lost and millions of dollars wasted.

Grants Terminated:

A project to improve recruitment of participants in Alzheimer’s clinical trials.

A study to increase vaccine uptake in underserved populations.

A study investigating in-utero exposure to contaminants in public drinking water.

An examination of the consequences of abortion restrictions.

Diana Greene Foster, a reproductive health researcher and professor at the University of California, San Francisco

After the Supreme Court overturned the constitutional right to abortion, demographer Diana Greene Foster set out to study the outcomes of pregnant patients who showed up in emergency departments. She wanted to know whether state restrictions were causing delays in care.

“This needs to be answered for courts to consider the evidence,” said Foster, a professor at the University of California, San Francisco. “Every day that goes by, people are potentially at risk.”

Less than one year into a five-year NIH grant, she had arrived at some early findings: “Abortion bans don’t stop very many people from getting abortions,” she said. “Bans actually cause people to have their abortions later in pregnancy.” For those who live in states with bans, she found, second-trimester abortions increased from 8% of procedures to 17%, requiring more complex interventions to end their pregnancies and increasing their risk of complications.

But before the data could be published, the NIH informed her on March 21 that the grant was terminated. It was no longer in line with agency priorities, a letter stated, specifying that studies on “gender identity” “ignore, rather than seriously examine, biological realities.”

The termination left Foster confused. “They are wrong that studying gender minority populations is not important,” she said. “But my study is not about gender identity. It is relevant to anyone who is pregnant, regardless of how they identify.”

Foster had to pause her research while she searched for other funding. “This was clearly a politically motivated cut,” she said.

ProPublica heard from more than 70 researchers who said that they were unable to continue their projects due to the terminations.

“Two and a half years into a three-year grant, and to all of a sudden stop and not fully be able to answer the original questions, it’s just a waste.” —Ethan Moitra, associate professor at Brown University, who was researching whether brief therapy can improve mental health for LGBTQ+ people

“We are now scrambling to figure out if there are parts we can continue or salvage.” —Julia Marcus, associate professor at Harvard Medical School, who was researching whether HIV prevention medicine can be made available over the counter

“To build trust between health care providers, health researchers in communities takes decades of work, and scientists have already done the work. Now this is going to be depleted.” —Jesus Ramirez-Valles, professor at the University of California, San Francisco, who was examining how HIV impacts the physical and mental health of gay men as they age

Patient Studies Interrupted

Thousands of studies supported by the NIH involve human subjects. Some include clinical trials, in which researchers recruit participants, often with grave conditions from cancer to HIV, to test the value of novel treatments and protocols.

In addition to jeopardizing data, terminating a grant in the middle of an active study may worsen participants’ conditions and put them at higher risk of death.

Grants Terminated:

A study to prevent sexually transmitted infections with common antibiotics.

A study to increase access to kidney transplant evaluations.

A clinical trial to understand the effectiveness of flu and COVID-19 vaccine text message reminders.

A study to test a protocol to prevent HIV transmission.

Amy Nunn and Dr. Philip Chan, behavioral and social science professors at Brown University

A single daily pill can nearly eliminate the risk of contracting HIV — but only when taken as prescribed. Black and Latino men who have sex with men have more than a 1-in-4 chance of contracting HIV but sometimes struggle to get or stay in care.

Working with community clinics across Mississippi, Washington, D.C., and Rhode Island, Brown University professors Amy Nunn and Dr. Philip Chan set out to examine what happens when people are provided wraparound clinical services before they contract the disease. “This is about preventing people from getting HIV,” Nunn said.

The study provides aggressive case management to help patients navigate the health care system and stay on the treatment, known as pre-exposure prophylaxis or PrEP, which is available in both oral and injectable forms. Workers provide patients with reminders, help them get coverage and even pick up their medicine.

In 2023, the researchers received about $3.7 million in NIH funding for five years of work. Their team was just starting to gather data that showed the program’s efficacy when the grant was terminated. “This is science that had really great chances of having a huge impact, and all of a sudden, it’s cut off at the knee,” Nunn said.

Chan told ProPublica that he worries that the patients in their study could be harmed by the cut. “There’s no doubt that some of them are going to not stay on PrEP,” said Chan, “and that some of them are going to get HIV.”

At least 30 researchers told ProPublica that the termination of their grant forced them to end clinical research or a trial abruptly, leaving participants in limbo.

“We cannot assay the blood samples that we have collected and paid participants for. A total waste of the money and resources that went into collecting the data.” —Sarah Whitton, professor at the University of Cincinnati, who was identifying risk factors for mental illness and suicidality for young LGBTQ+ women

“We have also had to quickly scramble to keep the study going unfunded to avoid having to stop the treatment and clinical trial for those already enrolled.” —Tiffany Brown, assistant professor at Auburn University, who was developing an eating disorder treatment for LGBTQ+ patients

“With a clinical trial, if you can’t follow participants to the end, you have no information, because the whole point is to see whether there’s change from beginning to end.” —Katie Biello, professor and chair of epidemiology at Brown University’s School of Public Health, who was trying to improve adherence to medication protocols for adolescents with HIV in Brazil

Disparities Disregarded

(Edwin Tan/Getty Images)

The Trump administration has banned the NIH from funding grants with a perceived connection to “diversity, equity and inclusion,” alleging that such projects may be discriminatory.

Caught up in the wave of terminations is work seeking to understand why some populations — including women and sexual, racial or ethnic minorities — may be more at risk of certain disorders or diseases.

Grants Terminated:

A study investigating how discrimination affects the mental health of Latino youth.

Research examining maternal behavioral health conditions of Black women.

An examination of the effects of structural racism on people at risk of kidney disease.

A study investigating why women of color disproportionately die from cervical cancer.

Adana Llanos, an epidemiologist and health equity scholar at Columbia University

Despite preventative vaccines and improved screening, more than 4,000 women die every year from cervical cancer. Black and Hispanic women are more likely than their white peers to be diagnosed, and often at later stages.

After more than a decade of studying cancer care disparities, epidemiologist Adana Llanos found that the ZIP code in which a woman received care often plays a pivotal role in how she fares. And in 2023, Llanos and her colleagues were awarded a multiyear NIH grant to further examine inequities, specifically in cervical cancer care and who survives it.

Even though their work targets the women most at risk, Llanos said their research, like most health equity research, will increase our understanding of cervical cancer more broadly. “This work has the potential to improve cancer outcomes for everyone, no matter what you identify as, no matter what your characteristics are,” she said.

Last year, her team began to recruit a cohort of 960 women who had been diagnosed with cervical cancer to track their patterns of care and outcomes. But in March, after the researchers had enrolled about 200 participants, the NIH terminated the funding. Llanos paused enrollment.

The cancellation felt like a betrayal of her study’s participants, she said. Llanos had spent years developing relationships with community groups and cancer patients, gaining their trust so they would feel comfortable sharing their treatment experiences.

“We’ve made commitments to them,” she said.

More than 550 of the terminated grants were focused on health disparities or inequities, attempting to understand why some groups have different health outcomes.

“If you cannot identify groups that are higher risk, it seems like just really bad science. That’s sort of the basics of how you try to conquer a disease.” —Carl Latkin, professor at Johns Hopkins University’s Bloomberg School of Public Health, who was analyzing the comorbidities of people who have HIV and those at risk for getting it

“Health disparities are just going to get larger, and real folks are going to die.” —Marguerita Lightfoot, professor at the Oregon Health & Science University-Portland State University School of Public Health, who was studying the value of guaranteed income and financial mentoring to Black youth

“It’s a major principle of epidemiology to target work towards the people who are being disproportionately affected. Now we’re being told that we cannot mention them in our research.” —Dr. Matthew Spinelli, assistant professor at the University of California, San Francisco, who was working to prevent sexually transmitted infections with common antibiotics

LGBTQ+ People Targeted

(Jason Koxvold for ProPublica)

One of Trump’s first executive orders was a directive banning federal funds from being used to support or promote so-called “gender ideology.” Hundreds of grants focused on the health of LGBTQ+ populations have been terminated, including many studies focused on young people and those at risk of contracting HIV.

In response to a lawsuit, a federal judge issued an injunction barring the administration from fully enforcing the orders. It canceled the grants anyway, citing agency policy and scientific priorities.

Grants Terminated:

A study to improve the delivery of behavioral health care to LGBTQ+ youth.

Research to address substance use in young men who are at risk for or living with HIV.

An evaluation of disparities in mpox vaccination rates among men who have sex with men.

An investigation of why LGBTQ+ adults are dying by suicide.

Lauren Forrest, an assistant professor of psychology at the University of Oregon (Jason Koxvold for ProPublica)

Gay, lesbian and bisexual adults are over three times more likely to consider suicide than their heterosexual peers. Few studies have aimed to figure out how to prevent this.

Last year, Lauren Forrest, an assistant professor of psychology at the University of Oregon, received a multiyear grant to do so, focusing on LGBTQ+ people who live in rural areas where access to specialized care may be more limited.

She was planning to recruit dozens of participants. But on March 21, she received a notification from the NIH that her grant was terminated because it did not “effectuate” the agency’s priorities, citing its connection to “gender identity.”

“The way they’re going about deciding which grants will or won’t be terminated, it’s not about scientific rigor,” she said. “It’s about literally actively discriminating against health-disparity populations.”

Forrest has been forced to reduce the hours of her research staff, and she now risks losing key lab personnel who may have to seek other employment due to the cuts. “There is no way to recover the lost time, research continuity or training value once disrupted,” she said.

She worries most about the deaths that could have been prevented. “People are going to be harmed because of this,” she said.

More than 300 of the grants terminated by the NIH were focused on LGBTQ+ health care. About 40 of those grants were researching ways to prevent suicide in adults and youth.

“We have a paper that’s ready to go out that shows lesbian women are almost 3 times as likely to have a stillbirth compared to their heterosexual peers. That’s such an avoidable, horrible outcome to happen, and that paper may never be published.” —Brittany Charlton, associate professor at Harvard Medical School, who was quantifying obstetrical outcomes for lesbian, gay and bisexual women

“It is devastating to have state-sanctioned dehumanization and exclusion. I am afraid for what these messages will do to the mental health of youth who are told they don’t matter or, for some, that they don’t even exist by parts of society.” —Dr. Sarah Goff, professor at the University of Massachusetts, Amherst, who was studying how to improve the delivery of mental health care to LGBTQ+ youth

“I honestly burst into tears. The evidence we would have gained from this work will not exist.” —Kirsty Clark, assistant professor at Vanderbilt University, who was finding best practices for preventing suicide in LGBTQ+ preteens

Losing a Generation

The grant terminations and subsequent instability have created a lost generation of scientists, dozens of researchers told ProPublica — cutting off an established pipeline at all stages of researchers’ careers.

Universities are trimming the number of openings in postdoctoral and graduate programs.

Young researchers are struggling to find funding to initiate studies or open new laboratories.

And some scientists are opting to pursue opportunities abroad.

Grants Terminated:

A grant to train researchers and public health professionals on HIV science.

A program to support the development of early-career scientists and researchers.

A grant to support Ph.D. students from historically underrepresented groups.

A program to train the next generation of pediatric research scientists.

Dr. Lauren Harasymiw, a scholar in the NIH’s Pediatric Scientist Development Program

Dr. Lauren Harasymiw was a medical resident in a neonatal intensive care unit when an infant took a turn for the worse. Born at only 23 weeks gestation — the edge of viability — the baby girl experienced a hemorrhage within the ventricles of her brain.

“What does this mean for her?” Harasymiw recalls asking her attending physician. The supervisor didn’t know. “The field of neonatology has made incredible strides over the last decades in helping our babies survive,” Harasymiw said. “But we’ve made less progress in protecting their neurodevelopmental outcomes.”

If doctors could better assess infants’ outcomes after a brain injury, they could target interventions sooner and provide families with better resources. To advance this area of medicine, Harasymiw pursued NIH-funded training to become a pediatric scientist.

But in March, the NIH terminated funding for the Pediatric Scientist Development Program, which funded Harasymiw’s salary and research, claiming that the program was connected to “DEI.”

“This is just ripping out the foundation of my career,” Harasymiw said.

In a statement about the grant terminations, Nixon, the HHS spokesperson, said that the NIH “continues to invest robustly in training and career development opportunities that produce measurable contributions to biomedical science and patient care.” However, he added that “while fostering the next generation of scientists is essential, effective leadership requires clear focus: prioritizing research that is impactful and results-driven over duplicative or low-yield programs.”

Dr. Sallie Permar, who runs the program and is chair of pediatrics at Weill Cornell Medicine, was perplexed by the cut; the program seemed to be in line with the administration’s focus on combating chronic disease in children.

“That’s exactly what we’re training these scholars to do,” she said.

More than 50 researchers told ProPublica that the funding cuts would harm the next generation of scholars, discouraging them from practicing in the United States.

“We have a generation of researchers that were planning to focus on these questions that are now either scared or don’t have funding to continue their training, or both.” —Mandi Pratt-Chapman, associate center director for community outreach, engagement and equity at the George Washington Cancer Center, who was identifying best practices for collecting data about LGBTQ+ people at small and rural cancer centers

“Admissions for graduate school have been downsized to a point where prospective students are giving up on pursuing a Ph.D.” —Tigist Tamir, assistant professor at the University of North Carolina at Chapel Hill, who received a career development grant and was studying how oxidative stress is regulated in breast cancer and obesity

“I already know several researchers on the job search who ended up taking faculty positions in Canada instead of the U.S.” —Dr. Benjamin Solomon, instructor of immunology and allergy in the department of pediatrics at Stanford Medical School, who received a career development grant and was examining rare genetic immune diseases in children

How We Reported the Story

Shortly after the public became aware of the termination of hundreds of grants at the National Institutes of Health, ProPublica published a call for tips in March, requesting that researchers with canceled grants share their experiences. ProPublica heard from more than 150 researchers and scientists and interviewed more than 70 about how the grant terminations were affecting their projects, their careers and the field of biomedical science at large. The story relies on the personal opinions of the researchers and does not reflect the views of their institutions. To understand the universe of NIH grant terminations, ProPublica relied on two main data sources: spreadsheets of terminated health grants released by the federal government to comply with Trump’s “Radical Transparency About Wasteful Spending” order, and data from Grant Watch, a private initiative tracking the terminations, led by researchers Noam Ross, Scott Delaney, Anthony Barente and Emma Mairson. They have used crowdsourcing and federal sources to create their dataset.

Were you involved in a clinical trial, participating in research or receiving services that have ended, been paused or been delayed because of canceled federal funding? Our reporters want to hear from you.

To share your experience, contact our reporting team at healthfunding@propublica.org.

Melody Kramer and Agnel Philip contributed research.

by Annie Waldman, Asia Fields and Ashley Clarke, design by Zisiga Mukulu, and photography by Bethany Mollenkof for ProPublica

“Delay, Interfere, Undermine:” How El Salvador’s Government Impeded a U.S. Probe of MS-13

3 weeks ago

Leer en español.

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In mid-April, President Donald Trump sat down in the Oval Office with President Nayib Bukele of El Salvador to celebrate a new partnership. They had recently negotiated an extraordinary deal in which El Salvador agreed to incarcerate in a maximum security prison hundreds of Venezuelan immigrants that the Trump administration had labeled as violent criminals, though few had been convicted of such crimes. The U.S. also sent back accused members of the notorious Salvadoran gang MS-13 — which both the U.S. and El Salvador have designated as a terrorist organization.

Bukele’s presidency has been defined by his successful crackdown against MS-13. He has jailed tens of thousands of alleged gang members, transforming one of the hemisphere’s most dangerous nations into one of its safest. Although human rights groups have criticized his tactics, Bukele remains extremely popular in El Salvador.

During their meeting at the White House, Trump praised his guest as “one hell of a president.” He shook Bukele’s hand, saying, “We appreciate working with you because you want to stop crime and so do we.”

A long-running U.S. investigation of MS-13 has uncovered evidence at odds with Bukele’s reputation as a crime fighter. The inquiry, which began as an effort to dismantle the gang’s leadership, expanded to focus on whether the Bukele government cut a secret deal with MS-13 in the early years of his presidency.

New reporting on that investigation by ProPublica shows that senior officials in Bukele’s government repeatedly impeded the work of a U.S. task force as it pursued evidence of possible wrongdoing by the Salvadoran president and his inner circle.

Bukele’s allies secretly blocked extraditions of gang leaders whom U.S. agents viewed as potential witnesses to the negotiations and persecuted Salvadoran law enforcement officials who helped the task force, according to exclusive interviews with current and former U.S. and Salvadoran officials, newly obtained internal documents and court records from both countries.

In a previously unreported development, federal agents came to suspect that Bukele and members of his inner circle had diverted U.S. aid funds to the gang as part of the alleged deal to provide it with money and power in exchange for votes and reduced homicide rates. In 2021, agents drew up a request to review U.S. bank accounts held by Salvadoran political figures to look for evidence of money laundering related to the suspected diversion of U.S. funds. The list of names assembled by the agents included Bukele, senior officials and their relatives, according to documents viewed by ProPublica.

“Information obtained through investigation has revealed that the individuals contained within this submission are heavily engaged with MS-13 and are laundering funds from illicit business where MS-13 are involved,” the agents wrote. The people on the list “are also believed to have been funding MS-13 to support political campaigns and MS-13 have received political funds.”

The outcome of the request is not known, but its existence shows that the U.S. investigation had widened to examine suspected corruption at high levels of the Bukele government.

The investigation was led by Joint Task Force Vulcan, a multiagency law enforcement team created at Trump’s request in 2019. Agents found evidence that the Bukele government tried to cover up the pact by preventing the extraditions of gang leaders who faced U.S. charges that include ordering the murders of U.S. citizens and plotting to assassinate an FBI agent.

In addition, U.S. officials helped at least eight of their counterparts in Salvadoran law enforcement flee the country and resettle in the United States or elsewhere because they feared retaliation by their own government, current and former U.S. officials said.

It has been clear from the beginning what Trump wants from El Salvador: an ally who would accept, and even imprison, deportees. Less clear has been what Bukele might want from the United States. In striking the deal with the Salvadoran president, Trump has effectively undercut the Vulcan investigation and shielded Bukele from further scrutiny, current and former U.S. officials said.

Veterans of the Vulcan team are “concerned that all their work, the millions of dollars that were spent, going all over the United States, El Salvador, Guatemala, Mexico, that it will be weakened for political reasons,” said a U.S. official familiar with the investigation.

The task force worked closely with the Salvadoran attorney general’s office, whose prosecutors shared evidence from their own investigation of the gang negotiations and suspected graft in the Bukele government, according to current and former U.S. and Salvadoran officials.

“There was good information on corruption between the gang and the Bukele administration,” Christopher Musto, a former senior official at Homeland Security Investigations, or HSI, who worked on Vulcan, said about the Salvadoran investigation. “It was a great case.”

In May 2021, Bukele’s legislative majority in Congress ousted the attorney general and justices of the Supreme Court, which oversees extradition requests. Within seven months, newly installed justices reversed or halted six requests for senior gang leaders wanted in the U.S., according to interviews and documents.

“Bukele’s people were coming to the Supreme Court and saying under no circumstances are we extraditing the MS-13 leaders,” said the U.S. official familiar with the investigation. “‘Delay, interfere, undermine, do what you have to do.’”

Senior Bukele officials helped an MS-13 leader with a pending extradition order escape from prison, according to court records, U.S. officials and Salvadoran news reports. At least three other top gang leaders were released from Salvadoran custody after the U.S. filed extradition requests for them, according to Justice Department documents.

Published accounts in the United States and El Salvador have reported allegations that Bukele also pushed for the return of MS-13 leaders to prevent them from testifying in U.S. courts about the pact. Despite his government’s refusal to extradite gang bosses to the United States, the Trump administration in March deported one MS-13 leader accused of terrorism. The Justice Department is now seeking to dismiss charges against a second leader, which would allow him to be sent back to El Salvador, according to recent court filings.

The Justice Department declined to comment in response to questions sent by ProPublica. The State Department referred questions to the Justice Department.

A White House spokesperson did not respond to detailed questions.

“President Trump is committed to keeping his promises to the American people and removing dangerous criminals and terrorist illegals who pose a threat to the American public,” said Abigail Jackson, a White House spokesperson. “We are grateful for President Bukele’s partnership.”

Bukele, the Salvadoran Ministry of Foreign Affairs and the Salvadoran Supreme Court did not respond to lists of questions. Bukele has repeatedly denied making any agreement with MS-13. The Trump administration’s deportation of MS-13 members to El Salvador, he said in a post on X, will enable security forces to dismantle the gang.

“This will help us finalize intelligence gathering and go after the last remnants of MS-13, including its former and new members, money, weapons, drugs, hideouts, collaborators, and sponsors,” the post said.

President Donald Trump and Nayib Bukele, El Salvador’s president, during a meeting in the Oval Office in April 2025. Trump has praised Bukele as “one hell of a president.” (Al Drago/The Washington Post/Getty Images) “Just Fear”

Bukele was elected president of El Salvador in February 2019, promising to fight the country’s ingrained political corruption and pervasive gang violence, which he called “one of the greatest challenges” facing the nation.

During his first term, Trump also made MS-13 a high-profile foe, calling it “probably the meanest, worst gang in the world.” In August 2019, Attorney General William P. Barr created the Vulcan task force, teaming federal prosecutors with agents of the FBI, Homeland Security Investigations, Drug Enforcement Administration and other agencies. The goal: Eradicate MS-13.

For decades, MS-13 has bedeviled law enforcement in the Americas with its vast reach, extreme violence and complex culture. The initials stand for “Mara Salvatrucha.” “Mara” means a swarm, while “salvatrucha” has been said to refer to a clever Salvadoran, according to interviews and an academic study. The number represents the 13th letter of the alphabet, M, in homage to the Mexican Mafia, the powerful Southern California prison gang.

MS-13 emerged in the 1980s in Los Angeles among Salvadoran youths whose families had fled a bloody civil war. The gang expanded throughout the diaspora and, as the U.S. deported planeloads of ex-convicts starting in the 1990s, took root in El Salvador. Although most of the leaders were serving sentences in El Salvador, a jailhouse council of 14 bosses, known as the “Ranfla,” used cellphones to micromanage criminal activities in U.S. cities thousands of miles away.

The gang developed a reputation for torturing, brutalizing and dismembering its victims. Barr has called it “a death cult” in which violence is more important than riches.

“It was like a very violent mom-and-pop operation where the cousins and second cousins all want to be a part of it,” said Carlos Ortiz, who served as the HSI attaché in El Salvador from 2018 to 2024. “Minimal money, compared to others. Even though it’s an organization, a lot of it is just fear. Fear of the high-ranking bosses among the rest of the gang, that’s what drives it.”

Trained with military weapons, MS-13 warred with security forces in El Salvador, took over neighborhoods and generated one of the world’s worst homicide rates, driving an exodus of immigrants reminiscent of the 1980s. The Salvadoran Supreme Court designated the gang as a terrorist organization in 2015.

The Vulcan task force had about 30 members, including prosecutors, agents and analysts. Its director, John J. Durham, was a federal prosecutor in the Eastern District of New York who had spent a decade pursuing MS-13 cliques on Long Island. Members of the task force worked from bases around the country and traveled to Mexico and Central America.

One of the founding investigators, Newark FBI agent Daniel Brunner, spoke fluent Spanish and had worked gangs for seven years. He became a roving specialist providing expertise, communications intelligence and court transcripts, sometimes in person and sometimes from a distance.

“Our idea was that Vulcan was like a SEAL Team 6, going in to help the different districts build cases,” Brunner, who is now retired, said in an interview.

Vulcan built on the longtime U.S. presence and extensive influence in El Salvador, where the embassy has long funded and trained law enforcement agencies. FBI agents and others were embedded as advisers in police anti-gang and homicide units and worked with prosecution teams led by Attorney General Raúl Melara.

The U.S. task force modeled its strategy on the ones used against Mexican cartels and Colombian narcoguerrillas: Break the power of the MS-13 bosses by extraditing them to face trial and prison in the United States.

On Jan. 14, 2021, six days before the end of the Trump administration, Durham and FBI Director Christopher A. Wray joined acting Attorney General Jeffrey A. Rosen when he announced “the highest-reaching and most sweeping indictment targeting MS-13 and its command and control structure in U.S. history.”

Prosecutors charged the 14 members of the leadership council with major crimes including conspiracy to support and finance narcoterrorism. For more than two decades, the Ranfla ran a criminal network in the United States, Mexico and Central America that sanctioned the murders of Americans and trafficked drugs and arms, the indictment alleged.

The indictment contained a stunning charge: MS-13 bosses had taken the extraordinary step of giving an order, or “green light,” to assassinate an FBI agent working with local investigators in El Salvador. Embassy officials learned of the threat and evacuated the agent, according to interviews.

It is highly unusual for Latin American criminal groups to target a U.S. agent — they have learned that it invites an overwhelming law enforcement response. The assassination plot was a sign that the U.S. crackdown had rattled the gang chiefs, current and former officials said.

Family and friends attend the burial of Justin Llivicura in 2017 on Long Island, New York. Justin, a 16-year-old high school student, was one of four teenagers murdered in a park by members of MS-13. (Andrew Lichtenstein/Corbis via Getty Images) Vulcan on the Hunt

In conversations with American officials as president-elect, Bukele promised cooperation and welcomed their support against gangs and graft, even in his own Nuevas Ideas party, according to current and former U.S. officials.

At a press event about the Vulcan task force in 2020, Trump asserted that in the past El Salvador “did not cooperate with the United States at all,” but now it had become a strong law enforcement partner.

Already, though, there had been news accounts alleging that Bukele had cut deals with gangs when he was mayor of San Salvador. Vulcan investigators quickly found evidence that top aides to the new president were negotiating a new pact with gang chiefs, according to interviews.

For more than a decade, MS-13’s control of the streets had made it a political force. It could deliver votes, ignite mayhem or impose order. A series of politicians had held talks with gang leaders to seek electoral support and reductions in violence in return for improved prison conditions and perks such as prostitutes and big-screen televisions.

The Bukele government adopted a more sophisticated bargaining strategy, according to current and former U.S. and Salvadoran officials. During secret meetings in prisons and other sites, the president’s emissaries offered MS-13 leaders political power and financial incentives if they lowered the homicide rate and marshaled support for the Nuevas Ideas party, according to current and former U.S. and Salvadoran officials and court documents.

The chief negotiator was Carlos Marroquín, a former rap artist and confidant of the president. Bukele had appointed him the director of a new Justice Ministry program known as “Reconstruction of the Social Fabric” that operated in impoverished communities.

Marroquín promised the Ranfla a central role in developing the program, control of neighborhood youth centers, power over urban turf and other financial and political benefits, according to current and former U.S. officials, court documents and Treasury Department sanctions. Informants and communications intercepts indicated that some of the resources going to MS-13 came from U.S. government aid, a violation of U.S. law, according to interviews and documents.

“Money was going from us, from USAID, through to this social fabric group,” a former federal law enforcement official said. “They’re supposed to be building things and getting skills and learning. It was funding the gangs.”

Vulcan also gained information from two highly placed Salvadoran officials involved in the talks with MS-13. The officials provided inside information to U.S. agents about the negotiations, which they said Bukele directed, according to interviews.

The accumulating evidence about the gang pact and the suspected misuse of U.S. funds spurred the task force to broaden its initial focus and target alleged corruption in the Bukele government, current and former U.S. officials said.

In April 2021, federal agents prepared a list of powerful Salvadorans for a financial review by the U.S. Treasury Department. Bukele was one of the 15 names. So were Marroquín; Osiris Luna, the director of the national prison system and another alleged organizer of the gang talks; Martha Carolina Recinos, the president’s chief of staff; and other political figures and their relatives. The request asked the Treasury Department to search for possible illicit transactions in any bank accounts held in the United States by those on the list, according to documents seen by ProPublica.

The Vulcan task force was seeking evidence in U.S. banks of money laundering tied to the diversion of USAID funding through the gang pact, the documents showed. Agents explained that the task force had “uncovered information that MS-13 members are in close contact with politically exposed persons in El Salvador,” referring to prominent government figures.

“The USAID funding is believed to have been laundered by the individuals submitted in this request,” who were suspected of “facilitating, supporting and promoting MS-13 through their official positions,” said the request, which was viewed by ProPublica.

Made under section 314A of the USA Patriot Act, the request for a canvass of U.S. banks requires that investigators show reasonable suspicion rather than probable cause, which is a higher standard. The outcome of the request is unknown. The Treasury Department declined to comment. U.S. prosecutors have not publicly accused Bukele and the others of crimes related to USAID funds.

As U.S. investigators advanced in this political direction, they gained valuable information from the Salvadoran prosecutors who were pressing their own investigation of the gangs and the Bukele administration.

Known in English as Operation Cathedral, their probe was as ambitious and sensitive as the U.S. one. Investigators had documented the secret jailhouse deals with MS-13 and the official attempts to cover them up. They also pursued leads that revealed alleged widespread corruption involving the country’s COVID-19 relief programs, according to current and former U.S. and Salvadoran officials and documents. Political tensions increased as the Salvadoran prosecutors targeted the president’s inner circle and raided government offices, clashing with police who tried to stop them from searching the Health Ministry in one incident.

April 2021 was also when a delegation led by Attorney General Melara came to Washington to meet with leaders of Vulcan and other senior U.S. officials. The prosecutors laid out their case against prominent figures in the Bukele government. The “impressive” presentation, a former U.S. federal law enforcement official said, cited videos, phone intercepts and other evidence showing that Marroquín, prisons director Luna and others had clandestinely arranged for government negotiators and gang leaders to enter and leave prisons, smuggled in phones and destroyed logs of prison visits.

“Melara was very nervous because of the very high level of the people he was investigating,” a former U.S. federal law enforcement official said.

Melara declined to comment, saying he does not discuss his work as attorney general.

The Salvadoran director of prisons, Osiris Luna, right, speaks at a police facility in San Salvador, El Salvador, in November 2021. (Rodrigo Sura/EPA-EFE/Shutterstock) Interference

On May 1, 2021 — soon after Melara and his team met with U.S. investigators — the Salvadoran Legislature, controlled by Bukele, voted to expel the attorney general and five justices on the Supreme Court.

The purge was a decisive step by Bukele to centralize power. It drew international condemnation. In El Salvador, critics denounced the president’s actions as a “self-coup.” On his Twitter page, Bukele began calling himself “the world’s coolest dictator.”

For Vulcan, the expulsions marked a dramatic shift in its investigation. The Supreme Court justices had signaled their willingness to sign off on some extraditions. Melara had been a helpful ally who reportedly pledged to do “everything necessary” to extradite the Ranfla members, many of whom were in custody in El Salvador. But it soon became clear that the government was no longer interested in handing over senior gang leaders.

“The next prosecutors were not willing to work with us,” said Musto, the former HSI official. “We were not closed out, but all these things that we had in place that we were moving to getting people back here slowed down to a snail’s pace.”

The first clash came over Armando Melgar Diaz, an alleged MS-13 leader who acted as a middleman between gangs in the United States and senior leaders in El Salvador. Melgar, known as “Blue,” had ordered the kidnapping of a family in Oklahoma that owed the gangs $145,000, collected money from a drug ring operating out of restaurants in Maryland and Virginia and was involved with killings in the U.S., according to an indictment and interviews with U.S. officials. He was the first MS-13 member to be accused under terrorism laws.

The newly constituted Supreme Court voted to approve Melgar’s extradition but then reversed its decision, announcing that the matter needed further study. Later, Bukele’s new attorney general asked for a halt to the extradition. The reason: The United States had failed to guarantee that it would not seek the death penalty or life in prison, sentences not allowed under Salvadoran law.

The rationale made no sense to Vulcan prosecutors. The Justice Department had already promised that it would not pursue such punishments against Melgar, according to records and interviews. U.S. and Salvadoran officials attributed the sudden reversal to fear that Melgar could link Bukele and his government to the pact with MS-13.

“Melgar Diaz was going to be the test case,” Musto said. “It was going to be an easy win for Vulcan.”

Information obtained by U.S. agents included allegations that Bukele’s judicial adviser, Conan Castro-Ramírez, had called one of the new Supreme Court justices and told him to find ways to stop the extradition of Melgar, according to interviews. When the justice objected, saying that the extradition had already been approved, Castro allegedly ordered him to reverse it. “That’s why we put you there,” he said, according to the interviews.

The State Department sanctioned Castro for his role in assisting in the “inappropriate removal” of the Supreme Court justices and the attorney general. Castro did not respond to attempts to contact him.

A Salvadoran court sentenced Melgar to 39 years in prison for conspiracy to commit homicide, among other crimes. He was the first MS-13 leader whose extradition was blocked. Soon after, the U.S. extradition requests for other gang chiefs ran into opposition.

“Bukele and his government are using the entire state apparatus to prevent these people from being extradited,” a person with knowledge of the Salvadoran judicial system said in a recent interview.

Miguel Ángel Flores Durel, a newly appointed Supreme Court justice who reportedly had served as a lawyer for a top MS-13 leader, made sure that the requests were never granted, according to the person with knowledge of El Salvador’s judicial system. Flores instructed colleagues “do not work on extraditions at all,” the person said.

In July 2022, El Salvador agreed to extradite two lower-ranking MS-13 members charged with the murders of Salvadoran immigrants in Long Island in 2016 and 2017 in which victims were butchered with axes and machetes. The Supreme Court also approved the return of Salvadorans not affiliated with the gang who were accused in the U.S. of crimes such as murder.

This was a deliberate strategy, the person said. Flores said that El Salvador needed to continue some extraditions in order to “calm” U.S. officials, who were complaining about the lack of cooperation with Vulcan, the person said. (Flores died in 2023.)

It didn’t work. The extradition of other criminals by the Bukele-aligned Supreme Court only emphasized the lack of cooperation on requests for the senior MS-13 leaders.

“We were never told officially that it wouldn’t happen, but it became impossible,” said Brunner, the former FBI agent.

In October 2022, Bukele’s new attorney general announced that criminals would first have to serve their sentence in El Salvador before being sent to the U.S. — an interpretation of the country’s extradition treaty that differed from the previous Supreme Court.

“We aren’t going to be sending Salvadorans without them first paying for the crimes they have committed” in El Salvador, Rodolfo Delgado said.

Threats and Roadblocks

The Bukele government’s interference with the U.S. investigation went beyond blocking extraditions, U.S. officials said.

Senior Bukele allies also waged a campaign of harassment and intimidation against the Salvadoran officials who had investigated corruption and assisted the Vulcan task force, according to interviews with current and former U.S. and Salvadoran officials.

The government threatened officials with arrest and sent police patrols to their homes, according to current and former U.S. and Salvadoran officials. At least eight senior Salvadoran law enforcement and judicial officials fled El Salvador for the United States and elsewhere. Vulcan provided them with travel money, language classes, housing and help gaining legal immigration status and finding jobs. In one instance, a U.S. Embassy official escorted a Salvadoran prosecutor out of the country because American officials believed his life was in danger, according to an official familiar with the incident.

The Salvadoran government also weakened special “vetted units” of the police that had worked with the FBI and other U.S. agencies, according to current and former U.S. officials.

Bukele’s allies didn’t stop there. They allegedly helped the escape or release from prison of at least four members of the MS-13 leadership council sought by Vulcan for alleged crimes in the U.S., according to interviews, court documents and press reports.

Elmer Canales-Rivera, alias “Crook de Hollywood,” was one of the most wanted of the Ranfla members. He had been imprisoned for several murders in El Salvador, including a case in which he reportedly helped suffocate and drown in insecticide a gang member who violated orders. In the United States, prosecutors had accused him of orchestrating murders and kidnapping across the nation for more than 20 years.

In November 2021, Canales escaped from prison. El Faro, a prominent investigative news outlet, and other Salvadoran media published stories that detailed how Marroquín had escorted Canales from the prison. The articles featured taped calls between gang members and a person identified as Marroquín discussing his role in the escape, along with photos of officials apparently attempting to remove jail logs to conceal their presence at the prison.

Canales was caught in Mexico and turned over to U.S. authorities. Currently in prison awaiting trial, he has pleaded not guilty.

Leaders of the MS-13 street gang read the newspaper after a press conference at La Esperanza jail in San Salvador in 2013. Elmer Canales-Rivera, known as “Crook de Hollywood,” right, allegedly escaped from prison with the help of senior Salvadoran officials in 2021. (Jose Cabezas/AFP via Getty Images)

Over the next several months, three other MS-13 leaders disappeared from Salvadoran prisons, causing Durham, the head of the task force, to express his concern in a letter to the judge in New York overseeing the cases. At the time the Bukele administration had received extradition requests and Interpol notices, he wrote, the leaders had been in custody. Salvadoran media later reported that the country’s Supreme Court had formally denied the extradition requests for the three men.

The purge of the Supreme Court and prosecutors, the blocked extraditions and the disappearance of the MS-13 gang members marked a significant deterioration in relations between Bukele and the administration of President Joe Biden. Agencies across the government began looking for ways to push El Salvador to cooperate.

Acting U.S. Ambassador Jean Manes announced a “pause” in relations with El Salvador and left the country. A veteran diplomat who had previously served in El Salvador, Manes had pressured Bukele in public and private, criticizing the extradition delays and his increasingly authoritarian rule, according to State Department officials.

“What are we seeing now? It is a decline in democracy,” Manes said shortly before her departure.

In December 2021, the Treasury Department issued sanctions against Bukele aides Luna, Marroquín and Recinos, blocking them from conducting financial transactions in the United States because of alleged corruption. None of them responded to questions sent to a Bukele spokesperson.

Nonetheless, former members of the task force said they felt that the Biden administration treated Vulcan as a lower priority and cut its resources. They said Biden officials saw the task force as a Trump initiative and wanted to focus on other law enforcement targets, such as human trafficking.

“As soon as the Biden administration came in, we were slowed down,” Brunner said. “There was a lot more red tape we had to go through.” Former Biden officials denied this was the case.

Whatever truce had existed between the Salvadoran government and MS-13 collapsed in March 2022. The country descended into chaos. Over one three-day period, some 80 people were killed in gang-related violence.

Bukele reacted forcefully. He declared a nationwide “state of exception” that suspended constitutional protections. Police began rounding up thousands of accused gang members and others. He announced the construction of the megaprison known as CECOT.

The policies proved tremendously popular. Murder rates dropped dramatically, though human rights advocates criticized the loss of civil liberties. Bukele dismissed their complaints.

“Some say we have put thousands in prison, but the reality is that we have set millions free,” he has said, an assertion he repeated to Trump in the Oval Office.

The Turnaround

Despite the harsh treatment of gang members — an estimated 14,500 people are now held in CECOT — one thing did not change: The Bukele government continued to refuse to extradite senior MS-13 leaders to the United States.

The reasons for Bukele’s alleged protection of the gang leadership versus his relentless pursuit of the rank and file are the subject of speculation in both the United States and El Salvador. One possible explanation, according to current and former U.S. and Salvadoran officials: Bukele is aware that Vulcan was gathering evidence that could lead to criminal charges and political damage. The imprisoned leaders are potential witnesses to his alleged deal with MS-13, while El Salvador’s street-level gangsters are not.

Police escort accused Venezuelans and Salvadorans after their deportation from the United States to be held in the CECOT megaprison in El Salvador. (El Salvador Press Presidency Office/Anadolu via Getty Images)

In February 2023, the Justice Department unsealed an indictment for another group of leaders, most of whom operated a tier below the Ranfla, relaying its directives to gangsters on the streets. The 13 defendants were accused of terrorism and drug smuggling, among other charges.

The U.S. announced it would “explore options for their extradition with the government of El Salvador.” The Justice Department declined to say whether any such requests had been made.

In filing the charges, prosecutors made their strongest public accusations yet about deals between the Bukele government and the gangs. Without naming the president or his allies, prosecutors alleged that MS-13 leaders agreed to use their vast political influence to turn out votes for candidates belonging to Bukele’s Nuevas Ideas party in legislative elections in 2021.

The gang bosses also “agreed to reduce the number of public murders in El Salvador, which politically benefited the government of El Salvador, by creating the perception that the government was reducing the murder rate,” the indictment said.

As part of the arrangement, the senior MS-13 leaders demanded that the Bukele government refuse to extradite them, the indictment said. The alleged condition appears to be in effect. To date, none of the extradition requests for more than a dozen high-ranking gang members has been approved.

In the face of obstacles, Vulcan relied increasingly on the Mexican government for help. During the past four years, Mexican authorities have captured nine of the 27 MS-13 leaders named in the indictments and deported them to the United States, where they were arrested. This year, prosecutors obtained guilty pleas to terrorism charges from two lower-ranking bosses, including one who prosecutors said had helped implement the deal between the Bukele administration and the gang. Sentencing for the men is pending.

Since Trump took office this year, his administration has redirected Vulcan’s mission to also target Tren de Aragua, a Venezuelan gang that the president has put in the spotlight.

There has been a remarkable recent development related to MS-13, however. After more than five years leading the Vulcan task force, Durham wrote letters asking the judge overseeing the cases to dismiss charges against two gang leaders in U.S. custody, allowing them to be deported to El Salvador. The letters were dated March 11 and April 1, weeks after the Trump administration began negotiating the mass deportation deal with Bukele’s government.

César Humberto López Larios, a member of the Ranfla known as “Greñas,” had his charges dismissed and was returned to El Salvador with more than 250 Venezuelans and Salvadorans sent to CECOT as part of the Trump administration’s mass deportation of migrants on March 15. López, identified in media reports, is featured in a slickly produced video posted by Bukele on X, kneeling in the prison, his head shaved. He had pleaded not guilty to the charges against him.

Then, in April, Durham asked for the dismissal of terrorism charges against a lower-ranking MS-13 prisoner, Vladimir Antonio Arevalo-Chavez, alias “Vampiro,” according to recently unsealed court records. His defense lawyers are seeking to stall the request to give them time to fight his deportation to El Salvador. He has pleaded not guilty.

Durham acknowledged in his letters to the judge that the evidence against the two men is “strong.” After millions spent on an operation involving investigators and prosecutors from the U.S., El Salvador and other countries, Vulcan had amassed a trove of evidence aimed at incarcerating the MS-13 leaders who had overseen the killings, rapes and beatings of Americans. Prosecutors told defense attorneys they had more than 92,903 pages of discovery, including 600 pages of transcribed phone intercepts, 21 boxes of documents from prosecutors in El Salvador and 11 gigabytes of audio files.

Durham said prosecutors were dropping their pursuit of the cases “due to geopolitical and national security concerns.”

It was like a reverse extradition. Trump was giving Bukele the kind of high-level criminals that the United States had never received from El Salvador.

During the negotiations over the use of El Salvador’s prison, Trump officials agreed to pay some $6 million to house the deported men and acceded to an additional demand.

Bukele had one specific request, according to Milena Mayorga, his ambassador to the United States.

“I want you to send me the gang leaders who are in the United States,” she quoted Bukele as telling U.S. Secretary of State Marco Rubio.

For Bukele, she said in a broadcast interview, it was “a matter of honor.”

Mica Rosenberg contributed reporting, and Doris Burke contributed research.

by T. Christian Miller and Sebastian Rotella

ProPublica Opens Application for Five New Local Partners to Join Its 50 State Initiative

3 weeks 1 day ago

ProPublica announced on Wednesday a new call for proposals to select the next five partners in its Local Reporting Network. These newsrooms will be chosen to be part of the organization’s 50 State Initiative, a commitment to partnering with one newsroom from each state by 2029. The deadline for applications is July 21 at 5 p.m. Eastern. Reporters selected for the one-year program will begin work on Oct. 1, 2025.

Through this partnership, ProPublica will reimburse news organizations for the salary of the selected reporter (up to $75,000 plus a benefits stipend) so they can spend a year working full time on an accountability journalism project of importance to their communities. Additionally, ProPublica provides editing support, along with our data, research, visual storytelling, graphics, design, audience and engagement expertise.

More information about how to apply and the application for prospective newsrooms have just been posted. Newsrooms from 35 states are eligible to apply for this round. Please see our eligibility map for details.

As part of the 50 State Initiative, ProPublica is currently working with newsrooms from the first 10 states; another five newsrooms will start in July. Reporting with The Connecticut Mirror on car towing in the state sparked legislative reforms to overhaul century-old towing laws that favored tow companies at the expense of drivers. In Georgia, we have documented how the state’s Medicaid work requirement, which is being heralded as a model for the rest of the country, has fallen short and cost millions. And in Tennessee, we’ve shown how one company has vastly expanded the use of a unique high-interest loan — and then gone on to sue more than 100,000 borrowers.

“It’s thrilling to see ProPublica’s Local Reporting Network reach newsrooms in all regions of the country,” said Sarah Blustain, an assistant managing editor at ProPublica. “With each additional state, we are able to bring urgent local issues to readers nationwide.”

The 50 State Initiative expands the scope of ProPublica’s work at the local and regional level, which includes a growing team of journalists reporting from communities across the country and groundbreaking partnerships with local news organizations through the LRN program.

The initiative broadens our support for local journalism, which now includes the LRN alongside dedicated reporting hubs in the Midwest, South, Southwest and Northwest, as well as an investigative unit in Texas in partnership with The Texas Tribune. ProPublica has more than 25 staff reporters and more than 20 reporting partnerships around the country contributing to regional and local accountability reporting, ensuring people can benefit from world-class journalism that can drive measurable change in their communities.

The LRN began in January 2018 in an effort to help remedy the lack of investigative reporting at the local level. It has since led to partnerships with some 80 news organizations across the country.

by ProPublica

Senators Demand Transparency on Canceled Veterans Affairs Contracts

3 weeks 1 day ago

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What Happened: A trio of lawmakers demanded transparency from the Department of Veterans Affairs on Tuesday, saying the Trump administration continues to “stonewall” requests for details on the agency’s recent cancellation of hundreds of service contracts.

The group, which included Sens. Richard Blumenthal and Angus King, as well as Rep. Mark Takano, said that despite repeated requests, the agency has disclosed incomplete and inaccurate lists that failed to specify exactly which contracts have been canceled. Blumenthal and Takano are Democrats, and King is an independent. They made their comments at a special forum in Washington.

A review by the Democratic members of the Senate Committee on Veterans’ Affairs identified 655 contracts canceled by the VA, where previous lists disclosed by the agency included dozens less and contained significant errors.

The lawmakers cited a recent ProPublica investigation into the agency’s use of a flawed artificial intelligence tool to assess VA contracts. That analysis was conducted by a staffer from the Department of Government Efficiency with no health care or government experience. The VA uses contractors for a range of services, including to support hospitals, research and other services aimed at caring for ailing veterans.

What They Said: Lists of contracts previously disclosed to the committee are “gobbledygook” and filled with errors, the lawmakers said. “This hearing shouldn’t even be necessary,” said King, who sits on the VA oversight committee. “The simplest thing is to send us a list.”

Senators highlighted the harm caused by canceling the contracts, including one that resolved glitches between VA systems preventing veterans from receiving benefits. Without this contract, said Benjamin Ambrose, whose job it was to resolve these errors, there is nobody left at VA to do this work. “In this case veterans are being locked out forever,” he said.

Scott Amey, general counsel with the bipartisan Project on Government Oversight, said: “There’s a lot of fallout. There’s a lot of dominoes that go with canceling just one contract.”

Amey expressed doubt that the necessary work was done to ensure canceled contracts were duplicative or wasteful. “From the stonewalling that we’ve heard from the VA, you can’t have any confidence that that work was done,” he said.

The lawmakers also questioned the VA’s use of AI to assess contracts for possible cancellation, referring to ProPublica’s investigation. Blumenthal said AI holds promise, but it “has to be used thoughtfully.”

Background: ProPublica reported on Friday that the VA used an error-prone AI tool to identify contracts for possible cancellation. The tool, written by former DOGE staffer Sahil Lavingia, used outdated AI models to “munch” contracts based on conflicting instructions and produced glaring mistakes, a ProPublica analysis found.

Experts in AI and government procurement agreed that the DOGE analysis of VA contracts was flawed, with one calling it “deeply problematic.” Lavingia acknowledged that there were problems. “I’m sure mistakes were made. Mistakes are always made. I would never recommend someone run my code and do what it says. It’s like that ‘Office’ episode where Steve Carell drives into the lake because Google Maps says drive into the lake. Do not drive into the lake.”

ProPublica identified at least two dozen contracts on DOGE’s list that have been canceled so far. Among them is a service agreement to maintain a gene sequencing device used to develop better cancer treatments. Another was with Columbia University for blood sample analysis to support a VA research project. Others still were related to addressing nursing issues, including one to develop social media tools to recruit nursing staff and another to help assess and improve the care they provide.

Democrats in Congress have been seeking more information from the VA on the canceled contracts in an attempt to assess whether the cuts have put veterans’ well-being in jeopardy.

Response: VA press secretary Pete Kasperowicz has defended DOGE’s work on reviewing contracts, saying that the vetting sets a “commonsense precedent.” He and Lavingia have said that VA staffers reviewed everything on the DOGE “munchable” list before deciding which contracts to cut.

In a statement on Tuesday, Kasperowicz said that the agency’s contract review has been a careful process aimed at benefiting veterans and using taxpayer money efficiently. “Decisions to keep, cut or descope contracts are based on careful and methodical multilevel reviews by VA employees, including career subject-matter experts who are responsible for the contracts, as well as VA senior leaders and contracting officials,” he said.

He disputed any suggestion from legislators that the contract review might diminish essential services. “Terminating or not renewing these contracts will not negatively affect veteran care, benefits or services,” he said. “In fact, these decisions will allow VA to redirect billions of dollars back toward health care, benefits and services for VA beneficiaries.”

Why It Matters: Over 9 million veterans across the U.S. rely on the VA for health care through its network of 170 hospitals and 1,200 clinics. One of the nation’s largest health care providers, it is a training ground for doctors and nurses and an engine for medical research. Since returning to office in January, the Trump administration has set about a massive overhaul of the agency, seeking an increase in its overall budget while announcing layoffs that could claim the jobs of around 80,000 employees.

The VA is examining all of its estimated 76,000 contracts as part of that overhaul and in accordance with the Trump administration’s push towards tech. ProPublica’s analysis identified over 2,000 contracts flagged by AI for termination. It’s unclear how many more from that list are on track for cancellation. The Trump administration’s decisions on VA contracts have largely been a black box.

by Brandon Roberts and Vernal Coleman

Portland Said It Was Investing in Homeless People’s Safety. Deaths Have Quadrupled.

3 weeks 1 day ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Street Roots. Sign up for Dispatches to get stories like this one as soon as they are published.

As the city of Portland, Oregon, clawed its way out of the pandemic, it faced a new set of crises: The city’s homeless population was growing. Tents lined some city blocks. High-powered business associations held press conferences demanding the city remove homeless people and touted self-funded surveys saying that without action, businesses and residents would flee the city.

By late spring 2021, the city committed to a new strategy that then-Mayor Ted Wheeler said would “reprioritize public health and safety among homeless Portlanders,” ultimately allocating $1.3 billion by the end of 2024.

But although the city spent roughly $200,000 per homeless resident throughout that time, deaths of homeless people recorded in the county quadrupled, climbing from 113 in 2019 to more than 450 in 2023, according to the most recent data from the Multnomah County Health Department. The rise in deaths far outpaces the growth in the homeless population, which was recorded at 6,300 by a 2023 county census, a number most agree is an undercount. The county began including newly available state death records in its 2022 report, which added about 60 deaths to the yearly tolls.

Homeless residents of Multnomah County now die at a higher rate than in any major West Coast county with available homeless mortality data: more than twice the rate of those in Los Angeles County and the Washington state county containing Seattle. Almost all the homeless population in Multnomah County lives within Portland city limits.

These deaths came during the same period that Portland began a two-pronged response to public pressure over homelessness. City leaders began moving homeless people out of public view by removing tents at a rate far surpassing those of its West Coast peers. Since 2021, it carried out 19,000 sweeps, and it dismantled over 20 encampments per day in 2024, according to city records.

At the same time, the city reduced money for stable permanent housing while dramatically increasing its investment in temporary shelters. The city spent $19.4 million to house formerly homeless Portlanders in 2019, according to the city budget. By 2024, the city budgeted $4.3 million, which housed 391 people.

These moves have been echoed in Trump administration policy, which has prioritized the forced removal of homeless people from encampments and public spaces. For decades prior, the federal government’s position emphasized stable housing.

Researchers from four universities told Street Roots and ProPublica that sweep-heavy tactics like Portland’s damage safety rather than improve it, placing homeless people at greater risk of harm or death. Current and former staff members at six local service providers, like Rose Haven Executive Director Katie O’Brien, say the city’s approach failed to do what was promised.

O’Brien said more people are in crisis when they arrive at Rose Haven, a daytime shelter serving women and transgender people.

“It is adding to the complexities and the challenges that they are already dealing with, mentally, physically, safety-wise,” said O’Brien.

Katie O’Brien, right, executive director of Rose Haven, has lunch with guest Leslie and her dog, Norma. Leslie is a sixth-generation Oregonian. (Leah Nash for ProPublica)

Cody Bowman, a spokesperson for the city, called the increase in deaths during the most recent efforts “heartbreaking and deeply concerning.”

He told the news organizations the city takes “a multifaceted approach to saving lives and supporting individuals in crisis.” The steps the city has taken include providing new shelter beds, investing in outreach, sweeping encampments in areas with accidents and floods, and dispatching emergency personnel as part of the city’s life-saving measures, he said. Bowman also said the city trained sweep crews to use medication that can save someone who is overdosing.

Increased Risk From Sweeps

Homeless residents in Multnomah County die, on average, more than 30 years earlier than the average U.S. life expectancy of 78, according to the most recent Multnomah County homeless fatality report.

Some 1,200 homeless people died in Multnomah County from 2019 through 2023, according to the Multnomah County Health Department. Of those, 659 died of drug- and alcohol-related causes, 323 died of natural causes, and 142 died of homicide or suicide — a rate about 18 times higher than among the general population in Portland.

Multnomah County Had a Higher Death Rate of Homeless Residents Than Other West Coast Counties

The Oregon county, which encompasses Portland and surrounding towns, also saw the biggest death rate increase between 2019 and 2023.

Note: Homeless population estimates are based on point-in-time counts. Data does not include natural deaths in hospitals because it was not available in all counties. The San Francisco Department of Public Health did not respond to requests for data. (Lucas Waldron/ProPublica)

Forcibly moving homeless people can increase overdoses, according to a 2023 peer-reviewed study published in the American Medical Association’s journal JAMA. The authors estimated that among homeless people who inject drugs, those who face repeated sweeps are 10% to 22% more likely to die from an overdose than those who don’t. They were also far less likely to obtain medication for opioid use disorder.

“We know that the more people are swept, the more they lose access to their medications,” said Dr. Josh Barocas, a physician and co-author of the study. “They lose access to their community. And they lose access to hope, and therefore they actually are at increased risk of overdose and death.”

Perhaps no one knows the risks to Portland’s homeless population better than Dr. William Toepper, a volunteer physician working to reduce Portland’s rising homeless mortality for the past seven years. And since the surge in sweeps after 2020, Toepper sees an increasingly scattered population.

“I don’t know why they’re spending this money on destabilizing people and displacing them,” Toepper said of the city of Portland. “I don’t know why anyone thinks that would help. It’s not like they’re being swept to services.”

Toepper leads one of four crews at Portland Street Medicine, a nonprofit he co-founded in 2018, each crew covering a different part of the city. Toepper’s team makes weekly rounds in North Portland in and around Delta Park, where industrial districts and strip malls converge on one of the city’s largest parks. The team goes from tent to tent — along bike paths, sidewalks, waterways and freeway overpasses — treating wounds, infections and post-operative incisions, and helping people monitor and manage chronic health conditions. While they can’t dispense prescription medication, they write prescriptions and help coordinate pharmacy trips.

First image: Dr. William Toepper, co-founder of Portland Street Medicine, shares supplies during a street round in Portland, Oregon. Second image: Patient Duane, who lives in his car, receives treatment from Mary Sorteberg, a nurse and volunteer with Portland Street Medicine. (Leah Nash for ProPublica)

Toepper said medically vulnerable and disabled people are especially at risk of severe outcomes from sweeps. That was the case with one of Toepper’s patients, Debby Beaver, 57, who died in 2019. Beaver had seizures, high blood pressure and diabetes. She lived in an encampment at the intersection of Southeast 35th Avenue and Yamhill Street, a residential area one block removed from a bustling shopping district, when city contractors dismantled the encampment and took her medications, according to a wrongful death suit filed by her family.

John Mayer, former executive director of a homeless services nonprofit across the street from where Beaver slept, described her as a “very sweet, kind of elderly stateswoman of the place.”

Beaver died a week after the sweep as a result of losing her medication, according to the lawsuit. In court, the private, for-profit company hired to remove homeless people living in the area said it never swept Beaver’s encampment or took her medication. The company maintains its workers did not seize Beaver’s medication, but it settled the lawsuit for $45,000 in July 2024, without admitting any wrongdoing.

“It was a little bit of a sense of, you know, this was bound to happen to somebody, and here it is,” Toepper said of Beaver’s death. “Even with this story and with the publicity it gained, and a pretty decent amount of witnesses to it, as far as I can tell, well, nothing’s changed.”

In an email to Street Roots and ProPublica, the city acknowledged sweeps can be traumatic or harmful but said it works to minimize the risks. Bowman said the city worked in consultation with Oregon Justice Resource Center, a civil rights law firm, to minimize harm.

The firm said it represented homeless plaintiffs in a lawsuit against the city and agreed to a settlement. While the city posts notices saying its contractors will sweep an area in the next three to 10 days, the settlement required the city to give additional notice the day before a sweep and provide more precise sweep locations and descriptions of items it would discard or save.

“Sweeps in and of themselves are traumatic, harmful experiences for those experiencing them and are simply not necessary to solve homelessness,” said Alice Lundell, the firm’s communications director. The group “does not endorse or support the city’s current sweep policies,” she added.

When asked if sweeps led to more deaths, the city said the relationship needed more study.

“We keep detailed records and make our camp removal data publicly available,” Bowman said. “We would welcome research using that data as part of a comprehensive analysis exploring this question.”

Neglecting Housing

The other prong of the city’s approach to homelessness was a pivot toward shelters and away from long-term housing — another move each of the four experts said could contribute to the increasing death rate among homeless people. Case narratives from the county report on homeless deaths often cite a lack of stable housing as a factor.

Matthew Fowle, a University of Pennsylvania researcher who’s studied homeless mortality, said data shows cities with robust shelter systems like New York City and Boston still have high homeless mortality rates, but they are considerably lower than Portland’s.

“All solutions to homeless deaths begin and end with housing — with safe, stable and affordable housing,” Fowle said, adding that supportive services sometimes need to accompany that housing. “It’s an absolutely necessary condition to reduce homeless deaths.”

An encampment in Portland. Experts say stable housing can reduce deaths of homeless people. (Leah Nash for ProPublica)

In Portland, the decision to focus on short-term shelter came after Wheeler wanted to enforce a public sleeping ban in the city. A federal court had ruled cities could not fine or arrest homeless people for public sleeping if the city could not offer shelter. Although the Supreme Court has since reversed it, at the time, the federal court ruling meant Portland needed thousands of shelter beds to enforce its ban on public sleeping. The city more than quadrupled its annual sweep and shelter spending — from $16.3 million in 2021 to $72.5 million in 2025 — adding up to nearly a quarter of a billion dollars across the five years. It added 826 shelter beds since 2021.

Multnomah County’s local public shelter system now has approximately 3,000 beds and operates near capacity each night, according to the county. Although the county homeless census shows 6,300 homeless people on any given day, as many as 15,245 use homeless services in a month. Some may be temporarily homeless.

The city says emergency shelters are an important tool for connecting homeless people with services like addiction treatment, but critics say shelter restrictions push people back to the streets. Shelters are often first-come, first-served, and may prohibit or limit pets, romantic partners and belongings. Strict in-and-out times may also preclude homeless Portlanders with jobs.

The city has also placed 651 shed-sized single-person pods with heat and electricity in several parts of the city away from the downtown core. The pod cities are managed by contractors, some of which have faced criticism for heavy-handed management, overly strict security protocols and a confusing referral process.

Bowman said the city does not view the effort to address homelessness as a choice between shelter and permanent housing. In an email to Street Roots and ProPublica, he referenced the city’s affordable housing program as evidence of a continued investment in permanent housing. The city spent more than $1 billion since 2019 to increase affordable housing supply to low- and medium-income people via the city’s Inclusionary Housing program.

Much of that housing is out of reach for homeless people. City records show landlords could charge at least $1,229 per month for 95% of the units created under the program in 2024, which local and federal standards deem affordable only to people earning $49,560 or more.

The lack of available permanent housing for homeless Portlanders is cited in the county’s annual report on homeless deaths.

Of the 17 narratives published in the last five reports about individuals who died, 10 include some reference to a lack of consistent access to housing, shelter, services or some combination of the three. Multiple narratives discuss emergency shelter not providing long-term solutions.

Nancy Lee Charlotte Hill, 35, grew up in foster care with physical and learning disabilities. Hill worked hard to get through high school with good grades while working a job, her sister Loraine said. It was around that time Hill began using drugs and alcohol. She applied her penchant for hard work to sobriety, accessing treatment on multiple occasions. But without housing, she had nowhere but the streets when she left treatment and struggled to stay sober, her sister told the county.

She died on a sidewalk July 5, 2023, in downtown Portland near the Tom McCall Waterfront Park after taking a combination of fentanyl and methamphetamine.

“Nancy had a strong desire to live her own path,” her sister said in a narrative. “But she was only in her 30s when she died. She had a whole life left to live.”

John Ellstrom, 54, was another resident who needed stability he never found, said his sister Tamara. Ellstrom first became homeless as a kid after running away from abusive foster homes. He spent years with addiction and tried to get help. He managed a year of sobriety and began renting a place and going to school for engineering. He and Tamara were close, and she did everything she could to support him. But he relapsed and was back on the streets. A driver in an SUV struck and killed Ellstrom while he walked across the Morrison Bridge on Mother’s Day, May 8, 2022.

“He needed a place where he could’ve stayed and gotten help,” Tamara told the county in a narrative.

A memorial to homeless people who have died in Portland hangs on the wall of Portland Street Medicine’s office. (Leah Nash for ProPublica)

Data sources for graphic: Multnomah County Medical Examiner’s Office, Multnomah County Homeless Services Division, San Diego County Medical Examiner’s Office, San Diego Regional Task Force on Homelessness, Los Angeles County Department of Public Health, Los Angeles Homeless Services Authority, Public Health — Seattle & King County, All Home — Seattle/King County, Santa Clara County Medical Examiner, Santa Clara County Homeless Census and Survey, U.S. Department of Housing and Urban Development.

Correction

June 11, 2025: This story originally misidentified Tacoma as belonging to the same Washington state county as Seattle. Seattle and Tacoma are in different counties.

by K. Rambo, Street Roots

Former Chicago Cop Pleads Guilty to Aggravated Battery of Two Female Colleagues

3 weeks 1 day ago

This article was produced for ProPublica’s Local Reporting Network in partnership with the Invisible Institute and co-published with the Chicago Sun-Times and WBEZ. Sign up for Dispatches to get stories like this one as soon as they are published.

A former Chicago police officer pleaded guilty on Tuesday to felony charges in connection with two incidents of sexual misconduct involving female colleagues — one that occurred while at the police training academy and one at a police precinct.

The case against Eric Tabb was highlighted in an Invisible Institute-ProPublica investigation that found that Chicago police officials have frequently failed to vigorously investigate allegations of sexual misconduct made against city officers.

Tabb, 35, pleaded guilty to two counts of aggravated battery in a public place, a Class 3 felony, and was sentenced to 30 months of probation. As part of a plea agreement, some of Tabb’s charges were dropped and he was required to enroll in a sex offender program.

Tabb, who was arrested in December 2023 and fired, is one of 14 officers accused of sexual assault in the past decade who we found had been accused at least once before of sexual misconduct. Investigative files show that five of 17 women in his academy class have given similar accounts of inappropriate sexual contact involving Tabb.

A team of Invisible Institute reporters reviewed more than 300 sexual misconduct and assault complaints against Chicago officers. The complaints were often downplayed or ignored, sometimes allowing officers to abuse again and again. The Chicago Police Department said in a statement for that story that it “takes all allegations of sexual assault seriously, including allegations against CPD members.”

During a hearing before Cook County Judge James B. Novy, Tabb’s two victims, both of whom are police officers, read impact statements in court.

“The women I speak for today, including myself, were women that trusted Eric Tabb, spending eight months with him forming that trust in a police academy. As of today, there is hope that all us women affected can put this in the past,” one of the officers read from a prepared statement.

The judge said he agreed to the plea deal to allow the women to put the cases behind them.

“The only reason I went along with this deal is because of the victims,” said Novy, who warned Tabb that he will send him to prison if he doesn’t follow the terms of his probation. “Everyone wants closure. They want to put this behind them. I’m going to keep a close eye on this.”

The Cook County state’s attorney’s office, in a statement Tuesday, noted the courage of the survivors to come forward after “a horrific betrayal of trust.”

“Despite the trauma they endured, these women stood firm in their pursuit of justice, and it is because of their strength and resolve that prosecutors were able to secure this conviction,” the prosecutors’ office said. “As a result, Eric Tabb is prohibited from ever serving as police officer again.”

The charges stemmed from two incidents. At a birthday party in August 2023 at a Wrigleyville bar, Tabb allegedly approached a fellow female recruit on the dance floor, whispered to her that he wanted to have sex with her, touched her breast, buttock and crotch, and then grabbed her face and tried to kiss her. Tabb was charged with two counts of aggravated criminal sexual abuse from that incident.

The second incident took place after roll call inside a police precinct in December 2023. Tabb allegedly touched a fellow probationary police officer’s crotch several times when she stood up to adjust her duty belt, according to court records. She had attended the training academy with him.

At an earlier hearing, prosecutors had asked Novy to include two additional incidents that were not charged but were described as part of a pattern of behavior by Tabb. Tabb attended a “star party,” an unofficial celebration for graduating recruits receiving their badge number. At the party, a witness told investigators he saw Tabb grabbing another female recruit’s crotch. That same night, Tabb touched a second recruit’s buttocks, according to interviews with police investigators and court records.

Alexus Byrd-Maxey was the first recruit to report Tabb a few months after she and Tabb started at the academy, but her accusation never became part of the prosecution’s case. According to Byrd-Maxey, she was leaning over a classmate’s computer in March 2023 when Tabb walked behind her. She said she felt his hands on her waist and his body pressed up against her.

Byrd-Maxey tried to report Tabb several times but was unsuccessful. Investigative files obtained by the Invisible Institute and ProPublica show that Tabb told other recruits that Byrd-Maxey overreacted and that he had only tapped her on the shoulder to get to his seat. Other recruits supported his story. Almost three weeks later, there was a confrontation in class in which she allegedly told Tabb to “shut your bitch ass up” and supposedly used gang-related language. Byrd-Maxey denied those allegations but was fired.

Tabb and his attorney, Dan Herbert, declined to comment, but Herbert had previously said Tabb was innocent and blamed Byrd-Maxey for the claims by the other women.

While Byrd-Maxey couldn’t attend the hearing, her mom, Jauntaunne Byrd-Horne, was in the courtroom and later told her daughter about the plea agreement. Byrd-Maxey said she was disappointed.

“He’s been given grace, time and time again. They let him be a free man,” she said. “I feel like it’s still not being taken seriously, again.”

Sebastián Hidalgo contributed reporting.

Update, June 11, 2025: This story has been updated to include a comment from the Cook County state’s attorney’s office, which handled the case. It also clarifies how charges were handled in the plea agreement.

by María Inés Zamudio, Invisible Institute

The DOGE 100: Musk Is Out, but More Than 100 of His Followers Remain to Implement Trump’s Blueprint

3 weeks 2 days ago

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In an effort launched shortly after DOGE’s creation, ProPublica has now identified more than 100 private-sector executives, engineers and investors from Silicon Valley, big American banks and tech startups enlisted to help President Donald Trump dramatically downsize the U.S. government.

While Elon Musk has departed the Department of Government Efficiency, the world’s richest man is leaving a network of acolytes embedded inside nearly every federal agency.

At least 38 DOGE members currently work or have worked for businesses run by Musk, ProPublica found in an examination of their resumes and other records. At least nine have invested in Musk companies or own stock in them, a review of available financial disclosure forms shows.

ProPublica found that at least 23 DOGE officials are making cuts at federal agencies that regulate the industries that employed them, potentially posing significant conflicts of interest. One DOGE member tasked with overseeing mass layoffs at the Consumer Financial Protection Bureau, for instance, did so while owning stock in companies the agency regulated.

At least 12 remain, on paper, employees or advisers of the companies they worked at before DOGE, a review of financial disclosure forms shows. And at least nine continue to receive corporate benefits from their private-sector employers, including health insurance, stock vesting plans or retirement savings programs. These employment agreements could create a situation in which a DOGE staffer would be shaping federal policies that affect their employer.

The people behind DOGE are largely men in their 20s and 30s, most of whom bring no government experience to the task. Many of them previously worked in finance.

ProPublica’s list — the largest of its kind by any news organization — allows readers to gain a comprehensive understanding of the backgrounds of the people assigned to one of the Trump administration’s signature efforts. It comes at a crucial moment, as some of the first-generation DOGE members are leaving the government and a new crop is joining.

“Even though Elon Musk and some of his top officials are shifting their attention to other issues, I see no indication that the DOGE team members who remain will slow down their work to test the legal and ethical boundaries of using technology in the name of improving government services,” said Elizabeth Laird, a director at the nonprofit Center for Democracy & Technology.

While the Trump administration asserts it is the most transparent in history, DOGE operates shrouded by the shadows of bureaucracy.

Many of its staffers have deleted their public profiles, have wiped the internet of their professional backgrounds or were encouraged by leadership not to discuss their work with friends. At the behest of the Trump administration, the Supreme Court halted a court order Friday that would have required DOGE to turn over information to a government watchdog — challenging whether the group will ever be subject to public records requests. The Trump administration has banned DOGE staffers from speaking publicly without approval.

To cast a light on this secretive group, ProPublica began reporting in February on Musk’s influence inside the Trump administration, cataloging who was part of DOGE and how associates of the billionaire tech mogul were taking up senior posts across agencies. Our DOGE tracker, the first such list published by media outlets, is the culmination of hundreds of conversations with sources across government.

Today, we are adding 23 staffers to our tracker, taking the total to 109. They are spread throughout the government, from the Department of Defense to the General Services Administration to the Securities and Exchange Commission.

And we are revealing the makeup of the DOGE team at the Defense Department, a group made up primarily of tech startup founders. They are led by former Special Forces soldier turned tech entrepreneur Yinon Weiss, according to a former senior Pentagon official familiar with the matter, who spoke on condition of anonymity for fear of retribution. Weiss has repeatedly appeared on Fox News pushing the U.S. to do more to support Israeli military operations in Gaza. He did not respond to a request for comment.

A White House official praised DOGE in an interview, saying that “bringing people in from the outside is precisely what this federal government needed after decades of stagnant bureaucrats who allowed the status quo to continue while the American people got screwed.”

The White House official said there is “no need” for the public to know who’s in DOGE and asserted that there have been no conflict-of-interest violations.

“For decades, we’ve been able to operate without these people's names,” the official said. “There’s no need to know the palace intrigue of who’s working in the building.”

Musk has defended DOGE’s work as “common sense” and “not draconian or radical.” He did not respond to requests for comment.

Musk’s retreat from Washington comes after his electric vehicle company Tesla sputtered amid economic turmoil — caused by a mixture of his own declining favorability and some shareholders reportedly losing confidence in his leadership. His relationship with Trump has fractured, with the billionaire blasting the president’s budget, Trump threatening to cancel Musk’s government deals and Musk then calling for the president’s impeachment.

How that fissure affects DOGE is yet to be seen, but the White House has already requested $45 million in funding for the group’s operations next year, an Office of Management and Budget document shows.

One of Musk’s top DOGE lieutenants, Steve Davis, who ProPublica reported has operated as the group’s de facto leader, is also departing government. Davis ran DOGE from the commissioner’s suite on the sixth floor of the GSA. Some believe Trump loyalist and OMB Director Russell Vought, a Project 2025 architect who once said he wanted to put federal workers “in trauma,” will take the DOGE reins.

Questioned Results

Whether DOGE has accomplished its mission — to downsize the federal bureaucracy into a more streamlined and effective workforce — is far from clear.

Musk initially said the initiative would save taxpayers $2 trillion. He later amended that figure, suggesting in April that DOGE would cut $150 billion from the national debt this year. The $180 billion in savings that DOGE claims on its website has come under scrutiny by media fact-checkers who have cast doubt on its accuracy after finding errors in DOGE’s accounting of canceled contracts.

Still, DOGE has fired tens of thousands of federal workers and gutted humanitarian aid programs domestically and abroad. This includes pushing out some critical government employees in health, science and safety offices.

To compile our list, ProPublica tracked the industries where DOGE employees previously worked. We looked at the professional experience they brought to government and whether their assignments in DOGE could pose conflicts of interest. ProPublica pored through archived resumes, federal financial disclosures forms, online databases and other documents. We interviewed more than two dozen federal workers, some of whom shared internal agency emails, calendar invites and other material mapping DOGE’s activities. We sought comment from everyone listed in our tracker. Most declined our requests.

With DOGE entering a post-Musk chapter, here are our core findings:

Potential conflicts of interest are increasing.

One 25-year-old software engineer helped DOGE shrink the agency’s staff even after he was warned by ethics attorneys not to do anything that could boost the value of as much as $715,000 in stocks he owned in companies regulated by the agency. The White House has said the aide, who has since left the CFPB, “did not even manage” the layoffs and called the allegations “another attempt to diminish DOGE’s critical mission.” Another DOGE staffer, a political adviser to Musk, was paid between $100,001 and $1 million by one of his billionaire boss’ companies while simultaneously overseeing staff cuts at the CFPB. Neither staffer responded to requests for comment.

These and other instances of DOGE staffers overseeing government operations that could benefit their financial interests have prompted three Democratic lawmakers to ask the Department of Justice, government ethics officials and inspectors general to investigate.

The administration has made assessing such financial arrangements difficult. So far, federal agencies have released only 22 financial disclosure forms for the more than 100 DOGE members requested by ProPublica.

DOGE’s image as a group of computer engineers isn’t quite right. Many DOGE Members Came From Financial or Science-Related Industries

The DOGE 100-plus come from a variety of professions: 29 were executive managers, 28 were engineers, 16 were investors and 12 came from legal backgrounds. A scattered few others previously worked in cybersecurity, design and science.

More staffers come from finance backgrounds than any other area. Private equity investor Michael Cole, the founder of Shareholder Capital LLC, has worked at the Department of Agriculture, for example. Cole did not respond to a request for comment.

DOGE staffers are mostly young men with limited government experience.

Under Trump and Musk, DOGE has become a largely male entity. Of the 109 staff members ProPublica has identified, 90 are men and 19 are women, making the group 83% male. That’s a far higher percentage of men than work in the executive branch as a whole, where 54% of staffers are male, according to 2024 data from the Office of Personnel Management.

Many are young and inexperienced. More than 60% of the DOGE staffers are in their 20s or 30s. One was 19 when he joined. As a percentage, the number of staffers under 30 in DOGE is about three times as high as in the executive branch as a whole.

Of staffers for whom ProPublica has identified ages, 28 are 29 or younger, 35 are 30 to 39, and 36 are 40 or older. The oldest is 67.

The DOGE Wrecking Crew: Executives, Engineers, Investors, Lawyers

Few had experience working in state or federal government. ProPublica identified 21 DOGE staffers with previous government roles, including stints at the DOJ and NASA. That means more than 80% joined the government dismantling effort without previously working in government.

Those staffers continue to fire longtime federal employees, cut budgets and choke off government programs while protected by an administration that has pushed to keep their maneuverings out of the public spotlight.

DOGE’s secrecy has been part of its overall strategy, some experts believe, allowing it to obscure its work from government watchdogs and the courts.

“It’s harder to stop what they’re doing if you don’t know what they’re doing or who’s doing it,” said Faith Williams, director of the Effective and Accountable Government Program at the nonpartisan, nonprofit Project on Government Oversight. “It’s not inherently a bad thing these people come from outside the government. It’s that they lack any experience in the methods used to uncover waste and inefficiency.”

by William Turton, Christopher Bing, Avi Asher-Schapiro, Al Shaw and Jake Pearson

EPA Drops Legal Case Against the GEO Group, a Major Trump Donor, Over Its Misuse of Harmful Disinfectant in an ICE Facility

3 weeks 2 days ago

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The Environmental Protection Agency has withdrawn a legal complaint filed last year against the GEO Group, a major donor to President Donald Trump that has more than $1 billion in contracts with the administration to run private prisons and ICE detention facilities.

The administrative complaint, which the EPA filed last June under the Biden administration, involved the GEO Group’s use of a disinfectant called Halt at the Adelanto Immigration and Customs Enforcement facility in California. The EPA regulates the product, which causes irreversible eye damage and skin burns, according to its label. By law, users are supposed to use goggles or a face shield, chemical resistant gloves and protective clothing.

But on more than 1,000 occasions in 2022 and 2023, the GEO group had its employees use the disinfectant without proper protections, the EPA complaint alleged. The agency alleged that GEO Group’s employees wore nitrile exam gloves that were labeled “extra soft” and “not intended for use as a general chemical barrier.” In a separate, pending lawsuit, people who were detained at the detention center alleged they were sickened by the company’s liberal use of a different disinfectant.

A hearing had yet to be scheduled before an administrative law judge. The maximum penalty for the company’s alleged misuse of Halt is more than $4 million. But a notice filed on Friday by Matthew Salazar, a manager in the EPA’s Enforcement and Compliance Assurance Division, stated that the EPA’s case against the GEO Group would be dropped. The notice did not provide an explanation.

“This is a complete surrender,” said Gary Jonesi, an attorney who worked at the EPA for almost 40 years. “If this is not due to political intervention on behalf of an early and large Trump donor who stands to gain from managing ICE detention facilities and private prisons, then surely it is at least partly due to the intimidation that career staff feel in an environment when federal employees are being fired and reassigned to undesirable tasks and locations.”

A spokesperson for the White House said that the GEO Group has “provided services to the Federal Bureau of Prisons for several decades” and has been a major federal contractor for many years. The spokesperson did not say whether the White House played a role in the decision to withdraw the complaint but referred ProPublica to the EPA.

The EPA said in an email that, “As a matter of longstanding practice, EPA does not comment on litigation.” The GEO Group didn’t respond to questions from ProPublica. In a filing in response to the EPA’s complaint, the GEO Group admitted that its employees used Halt but said that the disinfectant “was applied in a manner consistent with its label at all times and locations.” The company also wrote in its court filing that the gloves its employees used are chemically resistant and offered appropriate protection.

The GEO Group has had close ties to the Trump administration. Pam Bondi, Trump’s attorney general, was a lobbyist for the company in 2019. The attorney general “is in full compliance with all ethical guidance,” a spokesperson for the Department of Justice said in an email.

The firm was the first corporation whose political action committee “maxed out” on contributions to Trump’s presidential campaign. A subsidiary company, GEO Acquisition II, also gave $1 million to the pro-Trump PAC Make America Great Again. The GEO Group, its PAC and individuals affiliated with the company collectively contributed $3.7 million to candidates and political committees in the 2024 election cycle, compared with $2.7 million in 2020, according to OpenSecrets, an independent group that tracks money in politics. They donated overwhelmingly to Republicans: In every election cycle since 2016, at least 87% of their donations to federal candidates went to Republicans.

Data from the Federal Election Commission shows that George C. Zoley, the founder of the GEO Group, donated $50,000 in 2023 to a joint fundraising committee to support Republican efforts to maintain a majority in the House of Representatives. Zoley gave the maximum amount allowed for an individual per election at the time, $3,300, to Trump and House Speaker Mike Johnson’s primary and general election campaigns in 2024.

The GEO group regularly and liberally sprayed disinfectants in the ICE facility, according to both the EPA complaint and a separate civil suit filed on behalf of Adelanto detainees. The EPA complaint did not state whether employees were harmed by the pesticide; it accused the company of inappropriately handling the pesticide.

The separate lawsuit, filed by the Social Justice Legal Foundation, alleges that Adelanto detainees were sickened by the use of a different disinfectant product, HDQ Neutral, made by the same company. “Various Plaintiffs had nosebleeds or found blood in their mouth and saliva. Others had debilitating headaches or felt dizzy and lightheaded,” the lawsuit stated. “GEO staff sprayed when people were eating, and the chemical mist would fall on their food. GEO staff sprayed at night, on or around the bunk beds and cells where people slept. And on at least one occasion, GEO staff sprayed individuals as a disciplinary measure.”

That lawsuit is still pending. The allegations echo a warning letter the EPA previously sent the company accusing the GEO Group of improperly using HDQ Neutral. That letter cited complaints from detainees at Adelanto who suffered “difficulty breathing,” “lung pain” and skin rashes from the disinfectant. The pesticide was sprayed onto bedding and inside microwaves, the EPA said. The GEO Group has told reporters that it rejects allegations that it’s using harmful chemicals, and that it follows the manufacturer’s instructions. In a court filing, the company said any problems alleged by the EPA “were the result of the declared national emergency concerning COVID-19.” A judge ordered ICE to stop using HDQ Neutral in 2020. The GEO Group began using Halt “on or about” March 2022, according to the EPA complaint.

Pratheek Rebala contributed reporting.

by Sharon Lerner and Lisa Song

Tennessee’s Law on School Threats Ensnared Students Who Posed No Risks. Two States Passed Similar Laws.

3 weeks 2 days ago

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New laws in Georgia and New Mexico are requiring harsher punishments for students — or anyone else — who make threats against schools, despite growing evidence that a similar law is ensnaring students who posed no risk to others.

ProPublica and WPLN News have documented how a 2024 Tennessee law that made threats of mass violence at school a felony has led to students being arrested based on rumors and for noncredible threats. In one case, a Hamilton County deputy arrested an autistic 13-year-old in August for saying his backpack would blow up, though the teen later said he just wanted to protect the stuffed bunny inside.

In the same county almost two months later, a deputy tracked down and arrested an 11-year-old student at a family birthday party. The child later explained he had overheard one student asking if another was going to shoot up the school tomorrow, and that he answered “yes” for him. Last month, the public charter school agreed to pay the student’s family $100,000 to settle a federal lawsuit claiming school officials wrongly reported him to police. The school also agreed to implement training on how to handle these types of incidents, including reporting only “valid” threats to police.

Tennessee requires schools to assess whether threats of mass violence are valid before expelling students. But the felony law does not hold police to the same standard, which has led to the arrests of students who had no intent to disrupt school or carry out a threat.

In Tennessee’s recent legislative session, civil and disability rights advocates unsuccessfully pushed to change the law to specify that police could arrest only students who make credible threats. They argued that very young students and students who act disruptively as a result of a disability should be excluded from felony charges.

Several Tennessee lawmakers from both parties also voiced their dissatisfaction with the school threats law during the session, citing the harm done to children who did not pose real danger. “I’m still struggling through the unintended consequences because I’m still not entirely happy with what we did before,” Sen. Kerry Roberts, a Republican, said at a committee hearing in April. “We’re still struggling to get that right.”

But Greg Mays, the deputy commissioner of the Department of Safety and Homeland Security, told a committee of lawmakers in March that in his “informed opinion,” the law was having a “deterrent effect” on students who make threats. Mays told ProPublica that the number of threats his office was tracking had decreased since the law went into effect. His office did not immediately release that number and previously denied requests for the number of threats it has tracked, calling the information “confidential.”

According to data ProPublica obtained through a records request, the number of students criminally charged is growing, not shrinking. This past school year through the end of March, the number of charges for threats of mass violence in juvenile court has jumped to 652, compared to 519 the entire previous school year, when it was classified as a misdemeanor. Both years, students were rarely found “delinquent,” which is equivalent to guilty in adult court. The youngest child charged so far this year is 6.

Rather than tempering its approach, Tennessee toughened it this year. The Legislature added another, higher-level felony to the books for anyone who “knowingly” makes a school threat against four or more people if others “reasonably” believe the threat will be carried out. Legal and disability rights advocates told lawmakers they worried the new law would result in even more confusion among police and school officials who handle threats.

Despite the outcry over increased arrests in Tennessee, two states followed its lead by passing laws that will crack down harder on hoax threats.

In New Mexico, lawmakers increased the charge for a shooting threat from a misdemeanor to a felony, in response to the wave of school threats over the previous year. To be charged with a felony, a person must “intentionally and maliciously” communicate the threat to terrorize others, cause the evacuation of a public building or prompt a police response.

Critics of the bill warned that even with the requirement to prove intent, it was written too vaguely and could harm students.

“This broad definition could criminalize what is described as ‘thought crimes’ or ‘idle threats,’ with implications for statements made by children or juveniles without a full appreciation of the consequences,” the public defenders’ office argued, according to a state analysis of an earlier, similar version of the legislation.

After a 14-year-old shot and killed four people at Apalachee High School in Georgia last September, the state’s House Speaker Jon Burns vowed to take tougher action against students who make threats.

He sponsored legislation that makes it a felony to issue a death threat against a person at a school that terrorizes people or causes an evacuation. The law, which went into effect in April, says someone can be charged either if they intend to cause such harm or if they make a threat “in reckless disregard of the risk” of that harm.

Neither Burns nor the sponsor of the New Mexico bill responded to requests for comment.

Georgia also considered a bill that would treat any 13- to 17-year-old who makes a terroristic threat at school as an adult in court. But after pushback from advocates, the bill’s author, Sen. Greg Dolezal, a Republican, removed threats from the list of offenses that could result in transfer to adult court.

During a March committee hearing, Dolezal acknowledged advocates’ concerns with the original bill language. “We recognize that there is actually a difference between people who actually commit these crimes and minors who are unwisely threatening but perhaps without an intent to ever actually follow through on it,” he said.

Other states also considered passing harsher penalties for school threats.

In Alabama, Rep. Alan Baker, a Republican, sponsored a bill that removes the requirement that a threat be “credible and imminent” to result in a criminal charge. The bill passed easily in both chambers but did not go through the final steps necessary to make it through the Legislature.

Baker said the broader version of the penalty was intended to target hoax threats that cause panic at schools. A first offense would be a misdemeanor; any threats after that would be a felony. “You’re just talking about a very disruptive type of scenario, even though it may be determined that it was just a hoax,” Baker said. “That’s why there needed to be something that would be a little bit more harsh.”

Baker told ProPublica that he plans to reintroduce the bill next session.

Pennsylvania is considering legislation that would make threats against schools a felony, regardless of credibility. The bill would also require offenders to pay restitution, including the cost of supplies and compensation for employees’ time spent responding to the threat.

In a memo last December, state Sen. Michele Brooks, a Republican, cited the “cruel and extremely depraved hoax” threats following Nashville’s Covenant School shooting as the reason for the proposal. “These calls triggered a massive emergency response, creating perilous conditions for students, teachers and public safety agencies alike,” she wrote.

The ACLU of Pennsylvania opposes the legislation, calling it a “broad expansion” of current law that could lead to “excessive” costs for children.

Pennsylvania’s Legislature adjourns at the end of December.

Paige Pfleger of WPLN/Nashville Public Radio contributed reporting.

by Aliyya Swaby

Arizona’s Largest County Frequently Pursues the Death Penalty. It Rarely Secures That Sentence.

3 weeks 3 days ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Watch ABC15 Arizona's series "Seeking Death," based on our joint investigation into Maricopa County's handling of death penalty cases.

In 2010, Vikki Valencia’s 24-year-old brother, Triny Rey Lozano, died in an almost unimaginably brutal way. He was shot in the head multiple times, dumped on a remote road outside Phoenix and set on fire.

Valencia saw only one way prosecutors could bring her family justice: The killer should get the death penalty.

Maricopa County prosecutors built a capital murder case against the man they say killed Lozano, Victor Hernandez.

Valencia knew it would take a long time but believed it would be worth it. Over nearly 10 years, she visited the courthouse hundreds of times, frequently missing work to attend hearings where she revisited traumatic images of the crime scene.

“The death penalty was the thing that we wanted most because we thought it was going to give us justice,” she said in a recent interview.

During jury selection, the case stalled because of a potential conflict of interest involving a prosecutor who had previously represented Hernandez. Years later, a second trial followed. As that jury was deliberating, prosecutors dropped the death penalty. Nine years after he was charged with killing Lozano, Hernandez was found guilty and sentenced to life in prison.

Although the Maricopa County Attorney’s Office has historically pursued the death penalty at high rates, its efforts rarely result in a death sentence.

ProPublica and ABC15 Arizona reviewed nearly 350 cases over a 20-year period in which Maricopa County prosecutors decided the crimes warranted the death penalty, and found that 13% ended in a death sentence. In most of the cases, defendants either pleaded guilty and received a lesser sentence or prosecutors changed course, ending their pursuit of the death penalty.

In 76 trials in which Maricopa County juries deliberated a death sentence, 41, or 54%, yielded one.

By comparison, an analysis of death penalty cases initiated in Harris County, Texas, from 2004 through 2023, found prosecutors took fewer cases, 24, to trial and were more successful, obtaining a death sentence 75% of the time, according to figures provided by a local advocacy group. Data over a longer time period also shows that federal prosecutors nationwide have obtained death sentences at a higher rate than in Maricopa County, according to the Federal Death Penalty Resource Counsel Project.

Pursuing the death penalty is among the most consequential decisions that prosecutors make. Each case can be litigated across the tenures of multiple county attorneys and can cost more than a million dollars. In the hundreds of Maricopa County death penalty cases that prosecutors have pursued since 2007, the cost of furnishing the accused with an adequate defense has totaled $289 million. But the outcomes in the county raise questions about the office’s judgment in its pursuit of the ultimate punishment, according to court records and interviews with more than three dozen people including lawyers, former prosecutors, family members of victims and defendants, jurors and experts.

Former County Attorney Rick Romley said there should be a review of capital charging decisions after ProPublica and ABC15 shared the newsrooms’ findings with him. Romley wondered whether prosecutors are seeking death “in the appropriate cases.”

“The jury is kind of a barometer of whether or not you’re doing a good job,” he said. “And quite frankly … if it was a school grade, that’s called an F.”

The office, now headed by Rachel Mitchell, a Republican, declined our request for an interview. A spokesperson responded to written questions, emphasizing that “only one” person in Maricopa County — Mitchell — makes the decision to seek the death penalty and that each case is reviewed throughout the process, as information changes.

Maricopa County’s and the state of Arizona’s handling of the death penalty have been questioned for years. A 2016 report by the now-defunct Fair Punishment Project, a legal and educational research group at Harvard University, cited the county, among other places, as having a history of “overzealous prosecutors, inadequate defense and a pattern of racial bias and exclusion.”

In addition, defense attorneys for a death row prisoner in 2018 petitioned unsuccessfully to the U.S. Supreme Court, claiming that Arizona’s statute was overly broad because almost every murder can be charged as a capital case. And two former prosecutors and appeals court judges wrote in a 2022 law journal article that state officials, rather than individual counties, should make all death penalty decisions to ensure the process is “less arbitrary.”

Maricopa County prosecutors’ handling of death penalty cases is newly relevant as Arizona has resumed executions after a two-year pause. The state, which has 111 people on death row, halted executions in 2014, after Joseph Wood was injected repeatedly over two hours, gasping more than 600 times before dying, according to a reporter’s account. The state executed three people in 2022 but paused after the newly elected Gov. Katie Hobbs ordered a review of the lethal injection process. Hobbs dismissed the retired federal magistrate she had appointed to conduct the review after he concluded there is no humane way to execute people.

Valencia and her family felt the case had put their lives on hold. Looking back, she said it seemed odd that the prosecution, which had pursued death for so long, decided not to once the outcome was close. (Prosecutors declined to comment on the case.)

But as Valencia learned, there’s little transparency around the process in Maricopa County. Although the final decision to seek death is made by the county attorney, each case is vetted by a little known panel, the Capital Review Committee. The county attorney’s office refused to disclose to ProPublica and ABC15 who sits on the panel, how they vote on the cases being considered for the death penalty or even which cases they review.

The office said in a statement that the process ends not with the county attorney’s office but with a trial, which is “all done in public, in an open courtroom.” The office also said that it is successful in prosecuting capital cases and comparisons to Harris County could be misleading because they ignore the “details and intricacies of individual cases.”

Establishing a committee is generally better than individual judgments, but the quality of the decisions depends on the individuals involved, said Robert Dunham, director of the Death Penalty Policy Project, which conducts research and analysis on death penalty issues.

“Anyone who says that they have a fair process and is unwilling to say what that process is, is somebody who doesn’t have a fair process,” Dunham said.

Vikki Valencia and her family waited nearly nine years for her brother’s killer to be convicted. Near the end, prosecutors stopped seeking the death penalty. (Ash Ponders for ProPublica) “I Have to Run It by The Man”

When Romley, a Republican, was first elected Maricopa County attorney in 1989, deputy prosecutors in one of the nation’s largest counties decided whether to seek the death penalty on their own.

Among the first changes Romley made was to foster more deliberation. He created the Capital Review Committee to evaluate cases and recommend whether to pursue the death penalty. He still had the final say, but he believed that a group of veteran prosecutors would apply the law more consistently and recommend only cases that warranted the ultimate punishment.

“Seeking the death penalty is a momentous decision that you’ve got to make,” Romley said. “I wanted to make sure that we were ferreting out all the facts, that we made sure that judgment wasn’t being skewed by personal biases.”

Romley served four terms and decided not to seek a fifth, leaving office in 2004. His successor was Andrew Thomas, a Republican attorney and author, who ran as a law-and-order conservative vowing to crack down on illegal immigration and impose tougher sentences. After two years, Thomas had nearly doubled the number of death penalty prosecutions, earning Maricopa County the distinction of seeking death more than almost any other jurisdiction in the nation.

Critics said Thomas sought the death penalty for crimes that didn’t warrant it — including a case of vehicular homicide. The defendant in that case, David Szymanski, had a blood-alcohol content nearly twice the legal limit and cocaine in his system when he drove the wrong way on a freeway and killed a 22-year-old man.

A police review found that officers had violated department policy while pursuing Szymanski. Thomas relented more than a year later, and the Capital Review Committee recommended the capital charge be withdrawn. Szymanski pleaded guilty to second-degree murder and was sentenced to 22 years in prison.

The victim’s mother told the Arizona Republic, “We’ve never wanted the death penalty.”

Kenneth Everett, who was a defense attorney on capital cases for the Maricopa County Office of the Legal Advocate during Thomas’ tenure, told the American Bar Association’s ABA Journal in 2010 that it was clear decisions on the cases were made solely by Thomas. “When I begged for a deal, all of the prosecutors would say, ‘I have to run it by the man,’” he said. “Thomas certainly had the ultimate power. And if he said no, you were going to trial. And he usually said no.”

The Arizona Supreme Court convened a task force to address case delays amid a shortage of qualified capital defense attorneys.

Thomas responded to criticism of the delays by blaming defense attorneys for drawing out proceedings and the courts for failing to enforce speedy trial rules. He wrote in an Arizona Republic opinion piece, “I’ve sought the death penalty in appropriate cases knowing juries make the ultimate decision and believing they should have this option.”

Thomas won a second term but resigned in 2010 to pursue an unsuccessful bid for state attorney general. He was later disbarred for misconduct and political prosecutions of county officials. Thomas, who did not respond to requests for comment, said at the time that he was “working to fight corruption.”

After Thomas’ resignation, the Maricopa County Board of Supervisors appointed Romley to serve out the term. Back in his old job, Romley reviewed the 120 capital cases the office was pursuing at the time. He decided not to seek the death penalty in 11 of them, including a case in which a 4-month-old child was found dead at an in-home day care. The medical examiner had concluded the child died of blunt force trauma, but Romley said he brought in medical experts who disputed that and found the injuries the child suffered could have been caused by an illness.

In court minutes of a hearing to drop the death penalty in the case, the Capital Review Committee is noted as having voted 8-0 to dismiss the case, which was never refiled. But the weight of the charge on the defendant, Lisa Randall, is evident in court documents. Over the three years she was in and out of jail, her marriage fell apart and she lost her house, according to court documents. Randall couldn’t be reached for comment.

“Once you allege death, the whole game changes,” Romley said. “So many more resources go into that particular case.”

Former County Attorney Rick Romley created the Capital Review Committee in the early 1990s to evaluate potential death penalty cases. (Gerard Watson/ABC15) “They Should Show Some of the Bravery That They Expect Us to Show”

Once a prosecutor decides to seek the death penalty, the stakes rise. The courts and victims’ families face a lengthier process, and jurors can face intense scrutiny.

The court appoints two defense lawyers, along with an investigator and a mitigation specialist. (In other cases, defendants have only one lawyer.) The defense is also given more time to prepare, to allow for an examination of the defendant’s background to find sympathetic factors that could mitigate a death sentence.

Capital trials consume more time because they consist of three parts: A jury first decides if the defendant is guilty; then jurors consider aggravating circumstances that could make the defendant eligible or ineligible for a death sentence. Finally, the jury decides if the sentence should be death or life in prison.

It’s unclear how much the Maricopa County Attorney’s Office spends prosecuting capital cases. When ProPublica and ABC15 asked the office for a breakdown, a spokesperson said that the office doesn’t track spending on death penalty cases.

But since 2007, the county has spent nearly $289 million on defense for capital cases. Last year, the county spent $26 million, more than any year since 2007, according to the Maricopa County Office of Public Defense Services.

In Oklahoma, a study released in 2017 found that capital cases cost, on average, three times more than noncapital cases.

Jodi Arias made headlines in 2013 when she was convicted of killing her ex-boyfriend. Prosecutors sought the death penalty twice, and jurors deadlocked both times. Arias was ultimately sentenced to life in prison. The two trials cost $3.2 million, including the defense and prosecution, according to officials at the time.

During the 20 years examined by ProPublica and ABC15, juries in 35 cases either voted for life, deadlocked, determined the cases didn’t qualify for death or found the defendant not guilty. In 41 cases, jurors recommended the death penalty.

Frank Baumgartner, a University of North Carolina political science professor, was surprised Maricopa County juries disagreed with prosecutors 46% of the time in capital cases. Prosecutors would save taxpayers money by exercising more discretion over which cases they pursue, Baumgartner said. They also appear to be out of step with public opinion in the county, given that juries disagree with them so frequently on the death penalty. “They’re not in sync with their local community,” he said.

People who served on capital juries in the county told ProPublica and ABC15 that they had traumatic experiences. During the selection process, potential jurors are asked personal questions in open court, making them feel vulnerable. Some have had their identities revealed by jurors who disagree with them.

A juror in a high-profile Maricopa County murder case who asked not to be named because of safety concerns called the experience “one of the worst of my life.” Once the juror learned it was a death penalty case, the stress triggered intense stomach pain. “It’s the highest penalty in the land, and I don’t think that it should be applied lightly,” the former juror said.

Given what jurors go through, prosecutors should be transparent about their decision-making, the juror said.

“They should show some of the bravery that they expect us to show,” the former juror said of the secretive committee. “You ask us to do this, to put our life on hold, to go through this, not share it with anybody. Then show some of the bravery that you hold us to, and be accountable like we would be accountable if we were caught not following any of the rules.”

In 2019, Myla Fairchild served as a juror in a case against the man accused of murdering Gilbert police Lt. Eric Shuhandler, who was killed after pulling over a pickup truck. Christopher Redondo, a passenger in the truck, shot Shuhandler in the face, setting off a 50-mile chase, prosecutors said. Fairchild said she voted against the death penalty because of Redondo’s mental capacity and long history of mental illness. Redondo was convicted of murder and sentenced to life in prison. Afterwards, frustrated jurors told the media Fairchild’s name.

She wasn’t afforded the same privacy as the prosecutors on the review committee who recommended the death penalty in the first place, she said.

“You’re not protected,” she said.

The Maricopa County Superior Court in downtown Phoenix where capital cases are tried (Gerard Watson/ABC15) “A Total Disservice”

ProPublica and ABC15 asked the largest prosecutorial offices in Arizona and across the nation how they decide whether to seek the death penalty. The newsrooms found that no two counties handle decision-making the same way, but Maricopa County is an outlier for obscuring nearly every aspect of its committee’s work.

The ACLU sued the Maricopa County Attorney’s Office in 2019 for access to the committee’s membership and other records. Jared Keenan, the American Civil Liberties Union of Arizona’s legal director, said the organization considered the records important to the public’s understanding of the death penalty.

“Prosecuting agencies have an incredible amount of power, and that power is at its height when they make life-and-death decisions,” Keenan said. “The public needs to know who is involved in making those decisions to be able to ensure that those decisions are made responsibly, constitutionally, ethically.”

The county opposed releasing the information. “They were fighting to keep this specific information from the public for years and years,” Keenan said. A judge did not order the county to release the committee records to the public.

At ProPublica and ABC15’s request, the county attorney’s office shared a policy document listing the composition of the Capital Review Committee but said the document is “significantly out of date.” It listed as committee members: the deputy chief of the Criminal Division; the division chiefs from the Capital Litigation Bureau, Major Offenders Division and Special Victims Division; and the Community Based Prosecution Division chiefs. The policy allows the county attorney to designate other committee members.

In a statement, the county attorney’s office reiterated that Mitchell makes the final decision after considering a wide range of information.

Still, the decision can feel opaque to victims’ family members.

Sherry Spooney visits the graves of her relatives in Phoenix. Spooney wondered why prosecutors sought the death penalty for their mother in the 2016 killings of the children. (Ash Ponders for ProPublica)

When prosecutors sought the death penalty against Octavia Rogers in the killing of her three young children in the summer of 2016, they went against the family’s wishes, according to Rogers’ aunt, Sherry Spooney. Spooney and her family had lost three young relatives in the killing and didn’t want to lose Rogers to the death penalty, too. “What would it solve? How would it help the situation?” she said.

Prosecutors never spoke to the family about how they arrived at their decision, Spooney said.

The Maricopa County Attorney’s Office said it reached out to the family.

Spooney called their secrecy “disheartening” and said it caused her to wonder if the office had its own agenda in pursuing the death penalty. “It’s a total disservice, to not just the family, but the victims of the family. And in this case, we’re both, we’re one and the same, and if they’re going to make decisions for someone else, it should be known.”

Last year, after Rogers was found incompetent to stand trial, she pleaded “guilty except insane,” meaning she did not know at the time of her crime that the act was wrong. Rogers is being held at the Arizona State Hospital.

Valencia recalled that when the case against her brother’s killer was delayed, she initially blamed defense attorneys for dragging out the proceedings, but the committee’s secrecy was also contributing to the delay. Attorneys for Hernandez, the defendant, had discovered a member of the Capital Review Committee had a potential conflict of interest: A former defense attorney for Hernandez in an unrelated case had since become a prosecutor and was on the committee that voted to reject a plea deal for Hernandez. (The plea deal included the noncapital case as well.)

Prosecutors fought for nearly three years to keep the committee’s membership and its votes secret in a case that reached the Arizona Supreme Court. A judge eventually determined there was no conflict of interest in the Hernandez case.

Years later, when prosecutors withdrew the death penalty charge against Hernandez, Valencia said she agreed with the decision even though she’d once thought it would be the only just outcome.

“It took such a toll on our family, at that point, I was just ready for it to be done,” she said.

Clarification, June 10, 2025: This article was updated to clarify that Robert Dunham’s current job is as director of the Death Penalty Policy Project.

by Nicole Santa Cruz, ProPublica, and Dave Biscobing, ABC15 Arizona

North Dakota Ethics Commission Has No Authority to Punish Officials Violating Ethics Laws, State Leaders Argue

3 weeks 3 days ago

This article was produced for ProPublica’s Local Reporting Network in partnership with the North Dakota Monitor. Sign up for Dispatches to get our stories in your inbox every week.

Ever since North Dakota voters created an ethics watchdog agency seven years ago, dubious lawmakers have pushed back against giving it power to actually keep an eye on state officials.

That was true in the session that just ended, as legislators shut down many requests from the Ethics Commission, keeping the agency on a modest budget and rebuffing measures that would have given it more latitude in its investigations.

The offices of the governor and attorney general also argued during the session that the state constitution does not permit the commission to create or impose penalties for ethics-related violations.

“I was hopeful that the tide was turning,” said Rep. Karla Rose Hanson, a Democrat from Fargo and member of the Appropriations Committee, which worked on the commission’s budget. “But my general perspective is that the legislative body as a whole, specifically the majority party, is very hostile to the Ethics Commission and their work.”

North Dakotans, fed up with what they saw as ethical lapses by public officials, voted in 2018 to amend the state constitution and create the Ethics Commission. The amendment set rules for public officials and empowered the commission to both create more rules and investigate alleged violations related to corruption, elections, lobbying and transparency.

North Dakota was one of the last states to establish an ethics agency and since then, the commission has struggled to fulfill its mission, the North Dakota Monitor and ProPublica reported this year. The amendment left some ambiguity about the commission’s role and whether it can enforce ethics laws, leading to ongoing disagreements about how it operates.

State leaders’ actions this year further hamstrung the agency at a time when public officials across the country have been working, in various ways, to reverse or rein in policies created through citizen-led ballot initiatives, including those related to abortion and employee benefits.

Danielle Caputo of the national nonprofit Campaign Legal Center said several state governments have worked to undermine ethics initiatives in particular. North Dakota leaders’ assertions this year that the ethics agency cannot punish officials for wrongdoing is another example of that, she said.

“We have seen what appears to be a concerted effort in those states to overturn ballot initiatives or to twist their language in a way that’s most beneficial to those who want less enforcement,” said Caputo, whose organization has studied the issue. She said North Dakota is “one of the more egregious examples of that that I’ve seen.”

In an email to the North Dakota Monitor and ProPublica, the governor’s office called Caputo’s take a “gross mischaracterization” and said the governor does not oppose the Ethics Commission. In a separate email, Chief Deputy Attorney General Claire Ness called the notion that the attorney general’s office is undermining the intent of voters “unimaginable.”

As government officials debate the commission’s authority, North Dakotans have reported more concerns about ethics violations to the agency this year than in any other. The commission as of late May had received 72 complaints this year. There were 41 complaints filed in all of 2024.

By the end of last month, the commission had 63 pending complaints, some of which date back to 2022. The agency — which has three full-time staff members and five commissioners who receive a small stipend to oversee the work — has yet to disclose whether it has substantiated a complaint. (State law requires that the commission keep complaints confidential until the end of the process, so little is known about the nature of the filings.)

The Ethics Commission supported legislation this session that it said would have overhauled its process to speed up investigations and allow it to close cases sooner.

Under the measure, sponsored by eight Republicans and two Democrats, the commission would have been able to settle and dismiss complaints at any time instead of at only certain stages in the complaint process. It also would have been allowed to investigate alleged ethics violations without someone filing an official complaint. The agency currently cannot investigate some North Dakotans’ tips because they must be submitted as formal complaints, which some complainants are uncomfortable doing, agency staff have said.

Staff from the offices of Gov. Kelly Armstrong and Attorney General Drew Wrigley, both Republicans, testified against the bill because they said it would have given the commission too much power.

Faced with strong opposition from state leaders and their own reluctance to give the agency more authority, the House voted overwhelmingly to reject the legislation. Most of the House sponsors voted against it.

Rep. Austen Schauer, a West Fargo Republican who chaired the committee that worked on the legislation, acknowledged tension between the Ethics Commission and the legislature and oppositional testimony from the executive branch.

“The bill was basically DOA, and we just had to move on,” Schauer said.

Lawmakers instead settled on tweaks to the existing process; one requires the commission to develop time management standards and another allows it to informally settle ethics complaints with the accused. Those settlements would only be made public if all parties to the agreement consent.

“There’s people that for years have been sitting with this complaint over their head, which is absolutely unfair,” said Rep. Mike Nathe, a Bismarck Republican who has criticized the commission and proposed some of the changes. He also said he thinks the commission’s caseload includes fake complaints submitted by North Dakotans who want to “weaponize” the system against their political opponents. (Because state law requires that the commission keep complaints confidential, this claim cannot be verified.)

Rebecca Binstock, the Ethics Commission’s executive director, said the agency will look for ways to work around the hurdles that continue to slow down the investigation process. “The Commission must now consider how to fix the process absent legislation,” Binstock wrote in an email.

Rebecca Binstock, executive director of the North Dakota Ethics Commission, said the agency will seek ways to overcome hurdles slowing its work without legislation. (Michael Achterling/North Dakota Monitor)

The legislature also approved a measure that protects its members from prosecution for voting on something that would provide them with a financial benefit as long as they disclose their conflicts.

Lawmakers, some of whom said they want to keep the commission small out of consideration to taxpayers, also turned down the agency’s request for $250,000 over the next two years for a fourth staff member who would conduct training and education for the public. That would have allowed current employees to spend more time investigating complaints, agency staff said.

“I don’t recall a discussion with the public being, ‘We’re gonna have a multimillion-dollar branch of government,’” Rep. Scott Louser, a Minot Republican, said during a legislative hearing in April.

State leaders also argued the legislature is the only entity that can create penalties for ethics violations and delegate enforcement of those penalties to state agencies. The commission can only punish officials for wrongdoing if the legislature gives it that authority, they said.

Chris Joseph, the governor’s general counsel, testified this year that if the commission were given the power to both create and enforce penalties, it would be “defining, executing and interpreting its own rules” without oversight from other parts of state government.

The commission, however, says its enforcement authority is implicit in the constitutional amendment. That interpretation could soon be tested. Binstock indicated in an email that commission staff members have wrapped up investigating several cases and are waiting on commissioners to take action, which could include imposing penalties.

Ellen Chaffee, part of a group called the Badass Grandmas that organized the ballot initiative and drafted the amendment, said voters intended for the Ethics Commission to impose punishments for wrongdoing.

“The people who worked on the amendment had understood that the only way to have unbiased follow-up on any violations of ethics rules was for the Ethics Commission to have that responsibility,” she said.

Mike Nowatzki, the governor’s spokesperson, said if the amendment does not reflect what the advocates wanted, “they can always seek to clarify it with another constitutional amendment.”

by Mary Steurer and Jacob Orledge, North Dakota Monitor

Local Police Join ICE Deportation Force in Record Numbers Despite Warnings Program Lacks Oversight

3 weeks 3 days ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Arizona Luminaria. Sign up for Dispatches to get our stories in your inbox every week.

Since the start of President Donald Trump’s second term, U.S. immigration officials have deputized a record number of local police to function as deportation agents, despite repeated warnings from government watchdogs since 2018 that the program does not adequately train and oversee officers.

This expansion of the 287(g) Program is being driven by the administration’s resurrection of a previously abandoned task force model empowering local officers to question individuals’ immigration status during traffic stops and other routine policing. At least 315 departments have signed on to the more aggressive approach, which Immigration and Customs Enforcement abandoned in 2012 amid racial profiling problems and lawsuits.

Overall, ICE initiated 514 new agreements with local law enforcement agencies across 40 states since January. Among the new partners are highway patrol troopers in Tennessee and officers with about 20 Florida agencies, who in recent weeks assisted ICE with the arrest of more than 1,300 people.

“It has been wonderful to see people jump in and be a part of it to make sure that we have not just the authorities that we need to go out there and to work, but also to have the local knowledge and the people in the community that really want to be a part of the solution,” Department of Homeland Security Secretary Kristi Noem said in a statement.

ICE officials tout the expansion of the 287(g) Program — named for the section of law that allows the delegation of limited powers to local officers — as a “force multiplier” to accelerate deportations and counter sanctuary policies that limit local cooperation with immigration agents.

But civil liberties experts and immigrant advocates warn such agreements come at a high cost to communities. Bringing on local partners at such a fast pace compounds the concerns, voiced by ICE’s own internal watchdog, that the agency is unable to adequately train and supervise local officers to execute often complex immigration laws. Advocates say police are more likely to engage in racial profiling under these agreements, damaging community trust in local law enforcement.

“Local law enforcement in these jurisdictions have more authority to enforce immigration laws, but they don’t necessarily know just by looking at someone walking down the street or pulling someone over whether they’re an immigrant or not,” said Austin Kocher, a professor at Syracuse University who has tracked the 287(g) Program for 15 years. “There are a lot of people in this country who are going to be affected by this expanded police power, maybe even who aren’t immigrants, but who might get caught up in the system just because police think they’re an immigrant or because they’re conducting enforcement operations in places that affect U.S. citizens.”

As of June 6, local and state police departments had signed 649 agreements to participate in the program, compared to the 135 agreements that were in place in January, according to ICE. An additional 79 applications were pending. A local police or sheriff’s department may have multiple agreements with ICE.

Over several days last month, the Tennessee Highway Patrol sent a surge of cruisers along the streets of south Nashville, pulling over drivers as ICE agents in unmarked vehicles with flashing lights waited next to them. They quickly drew the attention of passersby and activists who recorded video of the arrests.

Local leaders and immigrant advocates alleged the operation violated the civil rights of Nashville residents, noting it focused on areas where Latino immigrants live and involved far more traffic stops in a few hours than officers would typically do in an entire day.

A majority of the 196 people arrested did not have prior criminal records, according to information released by ICE. The agency said 95 had criminal convictions or pending charges. Thirty-one had committed a felony by reentering the country illegally after being previously deported.

“What’s clear today is that people who do not share our values of safety and community have the authority to cause deep community harm,” Nashville Mayor Freddie O’Connell said. O’Connell pressed ICE to release the names of everyone who had been arrested, prompting House Republicans to launch two congressional investigations into the mayor for allegedly creating a chilling effect on ICE’s work in the city.

Lisa Sherman Luna, executive director of the Tennessee Immigrant and Refugee Rights Coalition, said the action traumatized immigrant families. “This operation — which was focused on a neighborhood with an established, vibrant immigrant population — reeks of racial profiling and unconstitutional discrimination,” said Sherman Luna, who fled Guatemala to the U.S. with her family following the kidnapping of her sister. Nashville and Davidson County governments, along with community nonprofits, launched a fund to provide emergency support for immigrants “during moments of crisis.”

But federal officials defended the operation and lambasted critics. DHS Assistant Secretary Tricia McLaughlin said in a news release, “You would think all public officials would unite around DHS bringing violent criminal illegal aliens to justice and removing them from American communities. However, pro-open borders politicians — like Mayor O’Connell — would rather protect illegal aliens than American citizens.” DHS had included Nashville in a now-deleted list titled “Sanctuary Jurisdictions Defying Federal Immigration Law.”

Immigration and Customs Enforcement officers detain a man stopped by Tennessee Highway Patrol at a gas station in south Nashville, Tennessee, in May. The state agency is among the latest to sign a cooperation agreement with ICE. (Seth Herald/Reuters)

It’s unclear how many immigration-related arrests can be attributed to the 287(g) Program since Trump took office. ICE officials did not respond to Arizona Luminaria and ProPublica’s request for those numbers. The agency issues monthly reports that selectively highlight arrests for violent crimes but don’t provide arrest totals involving local police partners.

Politics and power are driving the 287(g) Program’s rapid expansion, according to Kocher. Republican-led states, including Florida, are passing laws requiring local police to sign on to the program. In conservative counties, it’s popular to aid Trump’s mass deportation effort. As a result, a large portion of new agencies signing 287(g) agreements are sheriff’s offices, which run county jails.

“Sheriff’s offices are elected,” Kocher said. “Many of them are more than happy to do this, right? But regardless, it’s also a public visibility electoral thing.”

The expansion is not, however, driven by money. In fact, many expenses associated with the federal partnership, such as officer salaries, overtime and transportation, are covered by local agencies and taxpayers, per the agreements.

Local departments can participate in three ways. The jail enforcement and warrant service officer models limit local agencies’ immigration powers to people already being held in local jails and state prisons for other charges. The task force model extends that authority to community policing.

The Obama administration abandoned the task force agreements, deeming other enforcement programs, specifically those allowing local officers to share information with ICE, to be more efficient.

The Trump administration’s decision to resurrect them has drawn sharp criticism. Immigration advocates say it erodes communities’ trust in police, violates constitutional rights and shifts the focus of enforcement from immigrants charged with violent crimes to those who’ve committed minor offenses. They also note it comes as the Trump administration has dismissed civil rights investigations into several local police departments and gutted offices at the Homeland Security and Justice departments that probe police misconduct.

None of the agreements allow local officers to act on their own. They must be supervised or directed by ICE. Local officers are also supposed to receive 40 hours of online training to participate in task force agreements.

However, a 2021 Government Accountability Office report found the program lacked meaningful oversight policies, resulting in police departments violating the agreements and ICE policy.

Participation in the 287(g) Program is strongest in the Southeast, where entire states like Florida are mandating full cooperation with ICE. There were 277 agreements in Florida alone as of June 6, according to ICE’s online database.

But as quickly as it has taken hold in the Southeast, the expansion has so far missed the country’s biggest cities and counties, home to large immigrant populations.

Florida Gov. Ron DeSantis, first row center, stands behind ICE Deputy Director Madison Sheahan at a press conference where she speaks about a multiagency immigration enforcement operation that ICE says resulted in the arrest of 1,120 individuals and included participation by state and local law enforcement through the 287(g) Program. (Joe Raedle/Getty Images)

Doris Marie Provine, an emeritus professor at Arizona State University and lead author of “Policing Immigrants: Local Law Enforcement on the Front Lines,” attributed big cities’ reluctance, in part, to concerns about the costs to police departments and taxpayers.

“From local law enforcement’s perspective, it’s an unfunded mandate,” Provine said. “There has been much more interest in community policing than there was 20 years ago, and that is very directly in conflict with turning local police into immigration officers.”

Since the 287(g) Program first ramped up nearly 20 years ago, it has faced repeated accusations of racial profiling and of creating a chilling effect among immigrant communities, who may be reluctant to report crimes.

Two Justice Department investigations alleged that enforcement under 287(g) agreements led to constitutional violations in North Carolina and Arizona. ICE subsequently pulled their agreements.

In North Carolina’s Alamance County, the DOJ found in 2012, six years after the sheriff signed a 287(g) agreement, that the sheriff’s office engaged “in a pattern or practice of discriminatory policing against Latinos.” A federal judge dismissed the case in 2015, following a bench trial, ruling that the DOJ failed to support its claim. A spokesperson for the sheriff’s office said the department doesn’t comment on past litigation. The sheriff signed an agreement with ICE in 2020 for enforcement in its jail, which remains in effect despite concerns that discriminatory policing practices continue.

In 2013, a federal judge in Arizona reaffirmed the DOJ’s findings and ruled separately that then-Maricopa County Sheriff Joe Arpaio and his deputies had used race to target Latino drivers and Latino-majority areas with traffic stops and sweeps. The American Civil Liberties Union of Arizona had filed the lawsuit on behalf of citizens and legal residents caught in the sweeps less than a year after the sheriff signed a 287(g) agreement.

Trump pardoned Arpaio in 2017 of federal contempt charges for disregarding the judge’s ruling.

New Maricopa County Sheriff Jerry Sheridan has declined to pursue new 287(g) agreements, citing the court’s ongoing scrutiny of the department to ensure officers comply with the 2013 ruling. The cost to taxpayers for the ongoing effort to root out racial profiling in the department had surpassed $300 million as of March.

Sheridan said he values the 287(g) Program but agreed with the judge’s finding that community enforcement under the county’s agreement was “racially biased.”

ICE did not respond to a request for comment about its monitoring of local agencies for potential civil rights violations.

White House spokesperson Abigail Jackson said: “ICE’s 287(g) Program is playing a critical role in fulfilling President Trump’s promise to deport criminal illegal aliens and keep America safe. Dangerous criminal illegals with lengthy criminal records who pose a risk to the American people are detained all the time thanks to partnerships with local law enforcement officers.”

In an April speech to the Arizona Legislature, Tom Homan, Trump’s pick to lead the administration’s mass deportation efforts and a former ICE director, praised Arpaio’s work with ICE. The former sheriff was seated in the front row.

In highlighting ICE’s push for greater collaboration with local law enforcement, Homan rebuffed a common criticism of the 287(g) Program — that allowing police to enforce immigration laws erodes trust between communities and local officers.

“I’m sick and tired of hearing the talking point, ‘Well, we’re a welcoming community, we’re a sanctuary city because we want victims and witnesses of a crime that live in the immigrant community to feel safe coming to law enforcement to report that crime,’” Homan told Arizona lawmakers. “That is a bunch of garbage. A victim and witness of crime don’t want the bad guy back out there either.”

ICE is seeking more funding to expand 287(g) agreements and its detention and deportation capacity. During an appropriations hearing in May, ICE Acting Director Todd Lyons said the agency would reduce its reliance on private prisons.

“We would much rather partner with a sheriff’s department or a state corrections agency, someone that’s in a state where an individual is arrested that we don’t have to transport all around the country due to lack of bed space,” Lyons said.

by Rafael Carranza, Arizona Luminaria, and Gabriel Sandoval, ProPublica