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8 Things to Know About New Research on Earth’s Rapid Drying and the Loss of Its Groundwater

2 months 2 weeks ago

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The continents are rapidly drying out and the earth’s vast freshwater resources are under threat, according to a recently released study based on more than 20 years of NASA satellite data. Here are the report’s key findings and what they portend for humankind:

Much of the Earth is suffering a pandemic of “continental drying,” affecting the countries containing 75% of the world’s population, the new research shows.

The study, published in the journal Science Advances, examined changes to Earth’s total supply of fresh water and found that nearly 6 billion people live in the 101 countries facing a net decline in water supply, posing a “critical, emerging threat to humanity.”

Mining of underground freshwater aquifers is driving much of the loss.

According to the study, the uninhibited pumping of groundwater by farmers, cities and corporations around the world now accounts for 68% of the total loss of fresh water at the latitudes where most people live.

Much of the water taken from aquifers ends up in the oceans, contributing to the rise of sea levels.

Mined groundwater rarely seeps back into the aquifers from which it was pumped. Rather, a large portion runs off into streams, then rivers and ultimately the oceans. According to the researchers, moisture lost to evaporation and drought, plus runoff from pumped groundwater, now outpaces the melting of glaciers and the ice sheets of either Antarctica or Greenland as the largest contributor of water to the oceans.

Water From Land Has Become a Leading Driver of Sea Level Rise

Most of the water lost from drying regions is from groundwater pumping, which ultimately shifts fresh water from aquifers into the oceans.

Note: Glaciers refer to the parts of the continents covered in glaciers but excludes the ice sheets of Greenland and Antarctica. Drying land and aquifers refer to the water lost by the continents in areas not covered by glaciers, including river flow and evaporation. Groundwater loss accounts for 68% of the drying in those places. As droughts grow more extreme, farmers increasingly turn to groundwater.

Worldwide, 70% of fresh water is used for growing crops, with more of it coming from groundwater as droughts grow more extreme. Only a small amount of that water seeps back into aquifers. Research has long established that people take more water from underground when climate-driven heat and drought are at their worst.

Drying regions of the planet are merging.

The parts of the world drying most acutely are becoming interconnected, forming what the study’s authors describe as “mega” regions. One such region covers almost the whole of Europe, the Middle East, North Africa and parts of Asia.

Drying of the Earth has accelerated in recent years.

The study examines 22 years of observational data from NASA’s Gravity Recovery and Climate Experiment, or GRACE, satellites, which measure changes in the mass of the earth and have been applied to estimate its water content. Since 2002, the sensors have detected a rapid shift in water loss across the planet. Around 2014, the study found the pace of drying appears to have accelerated. It is now growing by an area twice the size of California each year.

The Drying of the Earth Accelerated in Recent Years

The dramatic depletion of groundwater and surface water plus the melting of glaciers between 2014-24 has connected once-separate arid places, forming “mega-drying” regions that stretch across whole continents.

Watch video ➜

Note: Data is for February 2003 to December 2013 and January 2014 to April 2024. The first time period contains seven more months of data than the second. Water pumped from aquifers is not easily replaced, if it can be at all.

Major groundwater basins underlie roughly one-third of the planet, including about half of Africa, Europe and South America. Many of those aquifers took millions of years to form and might take thousands of years to refill. The researchers warn that it is now nearly impossible to reverse the loss of water “on human timescales.”

As continents dry and coastal areas flood, the risk for conflict and instability increases.

The accelerated drying, combined with the flooding of coastal cities and food-producing lowlands, heralds “potentially staggering” and cascading risks for global order, the researchers warn. Their findings all point to the likelihood of widespread famine, the migration of large numbers of people seeking a more stable environment and the carry-on impact of geopolitical disorder.

Data Source: Hrishikesh. A. Chandanpurkar, James S. Famiglietti, Kaushik Gopalan, David N. Wiese, Yoshihide Wada, Kaoru Kakinuma, John T. Reager, Fan Zhang (2025). Unprecedented Continental Drying, Shrinking Freshwater Availability, and Increasing Land Contributions to Sea Level Rise. Science Advances. https://www.science.org/doi/10.1126/sciadv.adx0298

Graphics by Lucas Waldron

by ProPublica

The Drying Planet

2 months 3 weeks ago

As the planet gets hotter and its reservoirs shrink and its glaciers melt, people have increasingly drilled into a largely ungoverned, invisible cache of fresh water: the vast, hidden pools found deep underground.

Now, a new study that examines the world’s total supply of fresh water — accounting for its rivers and rain, ice and aquifers together — warns that Earth’s most essential resource is quickly disappearing, signaling what the paper’s authors describe as “a critical, emerging threat to humanity.” The landmasses of the planet are drying. In most places there is less precipitation even as moisture evaporates from the soil faster. More than anything, Earth is being slowly dehydrated by the unmitigated mining of groundwater, which underlies vast proportions of every continent. Nearly 6 billion people, or three quarters of humanity, live in the 101 countries that the study identified as confronting a net decline in water supply — portending enormous challenges for food production and a heightening risk of conflict and instability.

The paper “provides a glimpse of what the future is going to be,” said Hrishikesh Chandanpurkar, an earth systems scientist working with Arizona State University and the lead author of the study. “We are already dipping from a trust fund. We don’t actually know how much the account has.”

The research, published on Friday in the journal Science Advances, confirms not just that droughts and precipitation are growing more extreme but reports that drying regions are fast expanding. It also found that while parts of the planet are getting wetter, those areas are shrinking. The study, which excludes the ice sheets of Antarctica and Greenland, concludes not only that Earth is suffering a pandemic of “continental drying” in lower latitudes, but that it is the uninhibited pumping of groundwater by farmers, cities and corporations around the world that now accounts for 68% of the total loss of fresh water in those areas, which generally don’t have glaciers.

Groundwater is ubiquitous across the globe, but its quality and depth vary, as does its potential to be replenished by rainfall. Major groundwater basins — the deep and often high-quality aquifers — underlie roughly one-third of the planet, including roughly half of Africa, Europe and South America. But many of those aquifers took millions of years to form and might take thousands of years to refill. Instead, a significant portion of the water taken from underground flows off the land through rivers and on to the oceans.

The researchers were surprised to find that the loss of water on the continents has grown so dramatically that it has become one of the largest causes of global sea level rise. Moisture lost to evaporation and drought, plus runoff from pumped groundwater, now outpaces the melting of glaciers and the ice sheets of either Antarctica or Greenland as the largest contributor of water to the oceans.

Water From Land Has Become a Leading Driver of Sea Level Rise

Most of the water lost from drying regions is from groundwater pumping, which ultimately shifts fresh water from aquifers into the oceans.

Note: Glaciers refer to the parts of the continents covered in glaciers but excludes the ice sheets of Greenland and Antarctica. Drying land and aquifers refer to the water lost by the continents in areas not covered by glaciers, including river flow and evaporation. Groundwater loss accounts for 68% of the drying in those places.

The study examines 22 years of observational data from NASA’s Gravity Recovery and Climate Experiment, or GRACE, satellites, which measure changes in the mass of the earth and have been applied to estimate its water content. The technique was groundbreaking two decades ago when the study’s co-author, Jay Famiglietti, who was then a professor at the University of California, at Irvine, used it to pinpoint where aquifers were in decline. Since then, he and others have published dozens of papers using GRACE data, but the question has always lingered: What does the groundwater loss mean in the context of all of the water available on the continents? So Famiglietti, now a professor at Arizona State University, set out to inventory all the land-based water contained in glaciers, rivers and aquifers and see what was changing. The answer: everything, and quickly.

Since 2002, the GRACE sensors have detected a rapid shift in water loss patterns around the planet. Around 2014, though, the pace of drying appears to have accelerated, the authors found, and is now growing by an area twice the size of California each year. “It’s like this sort of creeping disaster that has taken over the continents in ways that no one was really anticipating,” Famiglietti said. (Six other researchers also contributed to the study.) The parts of the world drying most acutely are becoming interconnected, forming what the study’s authors describe as “mega” regions spreading across the earth’s mid-latitudes. One of those regions covers almost the whole of Europe, the Middle East, North Africa and parts of Asia.

The Drying of the Earth Accelerated in Recent Years

The dramatic depletion of groundwater and surface water plus the melting of glaciers between 2014-24 has connected once-separate arid places, forming “mega-drying” regions that stretch across whole continents.

Watch video ➜

Note: Data is for February 2003 to December 2013 and January 2014 to April 2024. The first time period contains seven more months of data than the second.

In the American Southwest and California, groundwater loss is a familiar story, but over the past two decades that hot spot has also spread dramatically. It now extends through Texas and up through the southern High Plains, where the Ogallala aquifer is depended on for agriculture, and it spreads south, stretching throughout Mexico and into Central America. These regions are connected not because they rely on the same water sources — in most cases they don’t — but because their populations will face the same perils of water stress: the most likely, a food crisis that could ultimately displace millions of people.

“This has to serve as a wake-up call,” said Aaron Salzberg, a former fellow at the Woodrow Wilson Center and the former director of the Water Institute at the University of North Carolina, who was not involved with the study.

Research has long established that people take more water from underground when climate-driven heat and drought are at their worst. For example, during droughts when California has enforced restrictions on delivery of surface water to its farmers — which the state regulates — the enormous agriculture enterprises that dominate the Central Valley have drilled deeper and pumped harder, depleting the aquifer — which the state regulates less precisely — even more.

For the most part, such withdrawals have remained invisible. Even with the GRACE data, scientists cannot measure the exact levels or know when an aquifer will be exhausted. But there is one foolproof sign that groundwater is disappearing: The earth above it collapses as the ground compresses like a drying sponge. The visible signs of such subsidence around the world appear to match what the GRACE data says. Mexico City is sinking as its groundwater aquifers are drained, as are large parts China, Indonesia, Spain and Iran, to name a few. A recent study by researchers at Virginia Tech in the journal Nature Cities found that 28 cities across the United States are sinking — New York, Houston and Denver, among them — threatening havoc for everything from building safety to transit. In the Central Valley, the ground surface is nearly 30 vertical feet lower than it was in the first part of the 20th century.

Ground subsidence around the world is one of the clearest ways to identify where groundwater is overdrawn.

When so much water is pumped, it has to drain somewhere. Just like rivers and streams fed by rainfall, much of the used groundwater makes its way into the ocean. The study pinpoints a remarkable shift: Groundwater drilled by people, used for agriculture or urban supplies and then discarded into drainages now contributes more water to the oceans than melting from each of the world’s largest ice caps.

People aren’t just misusing groundwater, they are flooding their own coasts and cities in the process, Famiglietti warns. That means they are also imperiling some of the world’s most important food-producing lowlands in the Nile and Mekong deltas and cities from Shanghai to New York. Once in the oceans, of course, groundwater will never again be suitable for drinking and human use without expensive and energy-sucking treatment or through the natural cycle of evaporating and precipitating as rain. But even then, it may no longer fall where it is needed most. Groundwater “is an intergenerational resource that is being poorly managed, if managed at all,” the study states, “at tremendous and exceptionally undervalued cost to future generations.”

That such rapid and substantial overuse of groundwater is also causing coastal flooding underscores the compounding threat of rising temperatures and aridity. It means that water scarcity and some of the most disruptive effects of climate change are now inextricably intertwined. And here, the study’s authors implore leaders to find a policy solution: Improve water management and reduce groundwater use now, and the world has a tool to slow the rate of sea level rise. Fail to adjust the governance and use of groundwater around the world, and humanity risks surrendering parts of its coastal cities while pouring out finite reserves it will sorely need as the other effects of climate change take hold.

How Groundwater Becomes Ocean Water
  1. The process starts when deep underground aquifers are tapped to make up for a lack of water from rainfall and rivers.
  2. Worldwide, 70% of fresh water is used for growing crops, with more of it coming from groundwater as droughts grow more extreme. Only a small amount of that water seeps back into aquifers.
  3. Instead, most of the water runs off the land into streams, eventually flowing into rivers.
  4. The rivers ultimately drain into the ocean, where fresh water becomes salt water. For that water to be usable again, it must either be industrially treated or return to the land as rain. But with climate change, these same drying regions are seeing less rainfall.

If the drying continues — and the researchers warn that it is now nearly impossible to reverse “on human timescales” — it heralds “potentially staggering” and cascading risks for global order. The majority of the earth’s population lives in the 101 countries that the study identified as losing fresh water, making up not just North America, Europe and North Africa but also much of Asia, the Middle East and South America. This suggests the middle band of Earth is becoming less habitable. It also correlates closely with the places that a separate body of climate research has already identified as a shrinking environmental niche that has suited civilization for the past 6,000 years. Combined, these findings all point to the likelihood of widespread famine, the migration of large numbers of people seeking a more stable environment and the carry-on impact of geopolitical disorder.

Peter Gleick, a climate scientist and a member of the National Academy of Sciences, lauded the new report for confirming trends that were once theoretical. The ramifications, he said, could be profoundly destabilizing. “The massive overpumping of groundwater,” Gleick said, “poses enormous risk to food production.” And food, he pointed out, is the foundation for stability. The water science center he co-founded, the Pacific Institute, has tracked more than 1,900 incidents in which water supplies were either the casualty of, a tool for or the cause of violence. In Syria, beginning in 2011, drought and groundwater depletion drove rural unrest that contributed to the civil war, which displaced millions of people. In Ghana, in 2017, protesters rioted as wells ran dry. And in Ukraine, whose wheat supports much of the world, water infrastructure has been a frequent target of Russian attacks.

“Water is being used as a strategic and political tool,” said Salzberg, who spent nearly two decades analyzing water security issues as the special director for water resources at the State Department. “We should expect to see that more often as the water supply crisis is exacerbated.”

India, for example, recently weaponized water against Pakistan. In April, following terrorist attacks in Kashmir, Prime Minister Narendra Modi suspended his country’s participation in the Indus Waters Treaty, a river-sharing agreement between the two nuclear powers that was negotiated in 1960. The Indus system flows northwest out of Tibet into India, before turning southward into Pakistan. Pakistan has severely depleted its groundwater reserves — the region is facing one of the world’s most urgent water emergencies according to the Science Advances paper. The Indus has only become more essential as a supply of fresh water for its 252 million people. Allowing that water to cross the border would be “prejudicial to India’s interests,” Modi said. In this case, he wasn’t attempting to recoup water supply for his country, Salzberg said, but was leveraging its scarcity to win a strategic advantage over his country’s principal rival.

What’s needed most is governance of water that recognizes it as a crucial resource that determines both sovereignty and progress, Salzberg added. Yet there is no international framework for water management, and only a handful of countries have national water policies of their own.

The United States has taken stabs at regulating its groundwater use, but in some cases those attempts appear to be failing. In 2014, California passed what seemed to many a revolutionary groundwater management act that required communities to assess their total water supply and budget its long-term use. But the act doesn’t take full effect until 2040, which has allowed many groundwater districts to continue to draw heavily from aquifers even as they complete their plans to conserve those resources. Chandanpurkar and Famiglietti’s research underscores the consequences for such a slow approach.

Arizona pioneered groundwater regulations in 1980, creating what it called active management areas where extraction would be limited and surface waters would be used to replenish aquifers. But it only chose to manage the water in metropolitan areas, leaving vast, unregulated swaths of the state where investors, farmers and industry have all pounced on the availability of free water for profit. In recent years, Saudi investors have pumped rural water to grow feed for cattle exported back to the Arabian Peninsula, and hedge funds are competing to pump and sell water to towns near Phoenix. Meanwhile, four out of the original five active management areas are failing to meet the state’s own targets.

“They like to say, ‘Oh, the management’s doing well,’” Famiglietti said, but looking out over the next century, the trends suggest the aquifers will continue to empty out. “No one talks about that. I don’t think it’s an exaggeration to say it’s an existential issue for cities like Phoenix.”

Both California and Arizona grow significant portions of America’s fruits and vegetables. Something has to give. “If you want to grow food in a place like California,” Famiglietti asked, “do you just bring in water? If we deplete that groundwater, I don’t think there’s enough water to really replace what we’re doing there.” The United States might not have much choice, he added, but to move California’s agriculture production somewhere far away and retire the land.

Chandanpurkar, Famiglietti and the report’s other authors suggest there are ready solutions to the problems they have identified, because unlike so many aspects of the climate crisis, the human decisions that lead to the overuse of water can be speedily corrected. Agriculture, which uses the vast majority of the world’s fresh water, can deploy well-tested technologies like drip irrigation, as Israel has, that sharply cut use by as much as 50%. When California farms reduced their take of Colorado River water in 2023 and 2024, the water levels in Lake Mead, the nation’s largest reservoir, jumped by 16 vertical feet as some 390 billion gallons were saved by 2025. Individuals can reduce water waste by changing simple routines: shortening showers or removing lawns. And cities can look to recycle more of the water they use, as San Diego has.

A national policy that establishes rules around water practices but also prioritizes the use of water resources for national security and a collective interest could counterbalance the forces of habit and special interests, Salzberg said. Every country needs such a policy, and if the United States were to lead, it might offer an advantage. But “the U.S. doesn’t have a national water strategy,” he said, referring to a disjointed patchwork of state and court oversight. “We don’t even have a national water institution. We haven’t thought as a country about how we would even protect our own water resources for our own national interests, and we’re a mess.”

Data Source: Hrishikesh. A. Chandanpurkar, James S. Famiglietti, Kaushik Gopalan, David N. Wiese, Yoshihide Wada, Kaoru Kakinuma, John T. Reager, Fan Zhang (2025). Unprecedented Continental Drying, Shrinking Freshwater Availability, and Increasing Land Contributions to Sea Level Rise. Science Advances. https://www.science.org/doi/10.1126/sciadv.adx0298

Visual editing by Alex Bandoni. Additional design and development by Anna Donlan.

Correction

July 25, 2025: This story originally included a quote from Jay Famiglietti characterizing Arizona’s water supply as facing total depletion by the end of the century. Famiglietti communicated a correction to that assertion to ProPublica, which failed to incorporate it before the story was published. The quote has been adjusted to reflect Famiglietti’s view that Arizona’s water supply will be diminished but may not disappear.

by Abrahm Lustgarten, Graphics by Lucas Waldron, Illustrations by Olivier Kugler for ProPublica

Microsoft Used China-Based Support for Multiple U.S. Agencies, Potentially Exposing Sensitive Data

2 months 3 weeks ago

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Last week, Microsoft announced that it would no longer use China-based engineering teams to support the Defense Department’s cloud computing systems, following ProPublica’s investigation of the practice, which cybersecurity experts said could expose the government to hacking and espionage.

But it turns out the Pentagon was not the only part of the government facing such a threat. For years, Microsoft has also used its global workforce, including China-based personnel, to maintain the cloud systems of other federal departments, including parts of Justice, Treasury and Commerce, ProPublica has found.

This work has taken place in what’s known as the Government Community Cloud, which is intended for information that is not classified but is nonetheless sensitive. The Federal Risk and Authorization Management Program, the U.S. government’s cloud accreditation organization, has approved GCC to handle “moderate” impact information “where the loss of confidentiality, integrity, and availability would result in serious adverse effect on an agency’s operations, assets, or individuals.”

The Justice Department’s Antitrust Division has used GCC to support its criminal and civil investigation and litigation functions, according to a 2022 report. Parts of the Environmental Protection Agency and the Department of Education have also used GCC.

Microsoft says its foreign engineers working in GCC have been overseen by U.S.-based personnel known as “digital escorts,” similar to the system it had in place at the Defense Department.

Nevertheless, cybersecurity experts told ProPublica that foreign support for GCC presents an opportunity for spying and sabotage. “There’s a misconception that, if government data isn’t classified, no harm can come of its distribution,” said Rex Booth, a former federal cybersecurity official who now is chief information security officer of the tech company SailPoint.

“With so much data stored in cloud services — and the power of AI to analyze it quickly — even unclassified data can reveal insights that could harm U.S. interests,” he said.

Harry Coker, who was a senior executive at the CIA and the National Security Agency, said foreign intelligence agencies could leverage information gleaned from GCC systems to “swim upstream” to more sensitive or even classified ones. “It is an opportunity that I can’t imagine an intelligence service not pursuing,” he said.

The Office of the Director of National Intelligence has deemed China the “most active and persistent cyber threat to U.S. Government, private-sector, and critical infrastructure networks.” Laws there grant the country’s officials broad authority to collect data, and experts say it is difficult for any Chinese citizen or company to meaningfully resist a direct request from security forces or law enforcement.

Microsoft declined interview requests for this story. In response to questions, the tech giant issued a statement that suggested it would be discontinuing its use of China-based support for GCC, as it recently did for the Defense Department’s cloud systems.

“Microsoft took steps last week to enhance the security of our DoD Government cloud offerings. Going forward, we are taking similar steps for all our government customers who use Government Community Cloud to further ensure the security of their data,” the statement said. A spokesperson declined to elaborate on what those steps are.

The company also said that over the next month it “will conduct a review to assess whether additional measures are needed.”

The federal departments and agencies that ProPublica found to be using GCC did not respond to requests for comment.

The latest revelations about Microsoft’s use of its Chinese workforce to service the U.S. government — and the company’s swift response — are likely to fuel a rapidly developing firestorm in Washington, where federal lawmakers and the Trump administration are questioning the tech giant’s cybersecurity practices and trying to contain any potential national security fallout. “Foreign engineers — from any country, including of course China — should NEVER be allowed to maintain or access DoD systems,” Defense Secretary Pete Hegseth wrote in a post on X last Friday.

Last week, ProPublica revealed that Microsoft has for a decade relied on foreign workers — including those based in China — to maintain the Defense Department’s computer systems, with oversight coming from U.S.-based digital escorts. But those escorts, we found, often don’t have the advanced technical expertise to police foreign counterparts with far more advanced skills, leaving highly sensitive information vulnerable. In response to the reporting, Hegseth launched a review of the practice.

ProPublica found that Microsoft developed the escort arrangement to satisfy Defense Department officials who were concerned about the company’s foreign employees, given the department’s citizenship requirements for people handling sensitive data. Microsoft went on to win federal cloud computing business and has said in earnings reports that it receives “substantial revenue from government contracts.”

While Microsoft has said it will stop using China-based tech support for the Defense Department, it declined to answer questions about what would replace it, including whether cloud support would come from engineers based outside the U.S. The company also declined to say whether it would continue to use digital escorts.

Microsoft confirmed to ProPublica this week that a similar escorting arrangement had been used in GCC — a dynamic that surprised some former government officials and cybersecurity experts. “In an increasingly complex digital world, consumers of cloud products deserve to know how their data is handled and by whom,” Booth said. “The cybersecurity industry depends on clarity.”

Microsoft said it disclosed details of the GCC escort arrangement in documentation submitted to the federal government as part of the FedRAMP cloud accreditation process. The company declined to provide the documents to ProPublica, citing the potential security risk of publicly disclosing them, and also declined to say whether the China-based location of its support personnel was specifically mentioned in them.

ProPublica contacted other major cloud services providers to the federal government to ask whether they use China-based support. A spokesperson for Amazon Web Services said in a statement that “AWS does not use personnel in China to support federal contracts.” A Google spokesperson said in a statement that “Google Public Sector does not have a Digital Escort program. Instead, its sensitive systems are supported by fully trained personnel who meet the U.S. government’s location, citizenship and security clearance requirements.” Oracle said it “does not use any Chinese support for U.S. federal customers.”

by Renee Dudley, with research by Doris Burke

His Former Company Got Caught Employing Undocumented Workers. Now He’s Profiting Off an Immigrant Detention Camp.

2 months 3 weeks ago

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On Monday, the Department of Defense announced that it had awarded a massive new contract to build the nation’s largest migrant detention camp on the Fort Bliss military base, a facility that will play a key role in the Trump administration’s deportation plans.

Unmentioned was that one of the subcontractors slated to work on the project, Disaster Management Group, is owned by Nathan Albers, who previously co-owned a company that pleaded guilty in 2019 to a scheme to hire undocumented workers and conceal them from immigration authorities. Albers is a big-time Republican donor who has spent time at Mar-a-Lago.

Two people with direct knowledge of the award and two familiar with the company told ProPublica that Disaster Management Group would help build the new facility, receiving a substantial chunk of the more than $1.2 billion the government has allocated for the project.

“The idea that you could use illegal labor and then sell services to ICE, the irony is thick,” said Scott Shuchart, a former official with the Department of Homeland Security and U.S. Immigration and Customs Enforcement during President Donald Trump’s first term and later under President Joe Biden, referring to the immigration case involving TentLogix, the company Albers once co-owned.

In response to questions from ProPublica, a spokesperson for Disaster Management said that Albers and Disaster Management had been dropped from the DHS’ investigation of TentLogix and exonerated. Upon learning of illegal actions by TentLogix’s co-founder, the spokesperson said, “Mr. Albers parted ways as a minority and non-operating owner of TentLogix.”

The spokesperson didn’t directly answer questions about Disaster Management’s role in the detention camp at Fort Bliss, saying only that the company “is proud to support projects of national importance for nearly 20 years.”

The White House didn’t answer questions about Disaster Management or Albers, referring ProPublica to the DOD and DHS, neither of which provided comment.

The new migrant detention camp near El Paso, Texas, is expected to hold up to 5,000 people. The prime contractor is Virginia-based Acquisition Logistics, and people with direct knowledge of the work at Fort Bliss told ProPublica that Amentum, a major engineering and technology services contractor, will be another subcontractor.

Neither Acquisition Logistics nor Amentum replied to questions from ProPublica about the project.

Disaster Management specializes in building temporary structures. Since 2020, it’s won over $500 million in government contracting work, mostly to construct lodgings for a U.S. program to resettle Afghan refugees.

Last year, the Department of Labor announced that it had found Disaster Management and subcontractors it worked with on the Afghan refugee contract violated federal labor laws, including those on minimum wages and overtime. The agency recovered nearly $16 million in pay for workers, and Disaster Management signed a compliance agreement with the agency designed to prevent further violations. The company didn’t respond to questions about the case.

Albers’ ties to TentLogix wouldn’t have excluded him or Disaster Management from other government contracting work, explained Scott Amey, the general counsel at the Project On Government Oversight.

TentLogix reported its criminal conviction in the federal contracting database, but Albers and his other businesses are considered separate legal entities. Companies awarded federal contracts are required to certify that they operate with a satisfactory record of business ethics, but “a lot of things are not required to be reported,” Amey said. “I don’t even think this would appear on the radar of a contracting officer.”

Still, there’s a web of connections between TentLogix and Disaster Management. Albers was one of TentLogix’s two directors when it pleaded guilty to violating immigration law. The other, Gary Hendry, co-founded Disaster Management with Albers, and the two were once brothers-in-law. When immigration authorities raided TentLogix in 2018, it shared an address with Disaster Management.

The raid followed a 2016 Homeland Security Investigations audit of Tentlogix, which found the company had 96 undocumented employees on its books. According to court records, Hendry then attempted to deceive investigators by creating a shell company and transferring the undocumented workers to that entity to conceal them from Homeland Security Investigations auditors. But the agency discovered the scheme and found undocumented workers at the company’s site when officials raided it in 2018. That year, Albers was listed as one of four officers on the company’s corporate filings.

In 2019, Hendry pleaded guilty to immigration charges alongside another company officer and was sentenced to a year in prison. (He served a little over three months, then was granted an early release because of the pandemic.) TentLogix, the corporate entity, also pleaded guilty and was ordered to forfeit over $3 million. Although Albers was not personally charged, he signed off on the company’s guilty plea, court records show. The company filed for bankruptcy in 2020.

Hendry did not respond to a request for comment.

Disaster Management’s federal contracting work has been lucrative for Albers. Last year, he purchased a $30 million house in Jupiter, Florida, that then ranked as the area’s most expensive home.

Albers also has recently become a large donor to Republican campaigns, to which he’s given more than $150,000 in the last year alone. He and his wife spent election night at Mar-a-Lago in 2024 and once co-chaired a charity fundraiser at the Trump National Golf Club with the president’s son, Eric, and his wife. They attended the “Crypto Ball,” a cryptocurrency event sponsored by Trump supporters in the digital currency industry; participants paid between $2,500 and $1 million for tickets. (The Trump Organization did not respond to questions from ProPublica.)

Kimberly Albers, center, posted photos on Instagram showing her and her husband, Nathan, right, at Mar-a-Lago on election night last year. (Screenshot by ProPublica)

Since late last year, Disaster Management has spent $210,000 lobbying Congress and the administration on immigration-related issues, including “funding related to temporary facilities.” The company had no prior history of lobbying, according to federal disclosures.

Disaster Management’s share of the immigration detention contract for Fort Bliss could rank among the company’s largest contracts.

The Fort Bliss award comes as immigration arrests have soared in recent months and ICE is running low on space to hold everyone it has detained. In the past, those arrested by ICE would mostly be housed in brick-and-mortar detention facilities.

But in its urgency to increase deportations, the Trump administration has turned to contractors to build so-called soft-sided facilities — tents with rigid structures inside — that can be set up much more quickly.

The administration has eyed military bases as locations to set up these new detention camps. In April, ICE announced a $3.8 billion award to build such a facility to Deployed Resources, which had operated the lion’s share of the soft-sided facilities used in the past to temporarily house immigrants entering the country along the southern border.

ICE abruptly canceled that contract just days after it was announced without explanation. Now it appears Disaster Management could do much of that work. An industry insider estimated to ProPublica that Disaster Management’s slice of the $1.2 billion contract at Fort Bliss could be worth hundreds of millions for the company in the next year, though it’s not clear how the three contractors will split the work. Bloomberg first reported the total value of the Fort Bliss contract.

The facility at Fort Bliss is expected to be the first of many. Earlier in the month, Trump signed a spending bill that allocates $45 billion to build new migrant detention sites. Experts estimate this could roughly double the country’s capacity for immigration detention from around 50,000 people to more than 100,000.

Mica Rosenberg contributed reporting. Pratheek Rebala, Kirsten Berg and Mario Ariza contributed research.

by Avi Asher-Schapiro and Jeff Ernsthausen

ProPublica Updates Supreme Connections Database With Newly Released Financial Disclosures

2 months 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.

We updated our Supreme Connections database with newly released financial disclosures from eight Supreme Court justices on Friday, covering the 2024 calendar year.

Supreme Connections is our database that makes it easy for anyone to browse justices’ financial disclosures and to search for connections to people and companies mentioned within them.

This update includes disclosures filed in May and made public late last month. Justice Samuel Alito received a 90-day extension, and his disclosure is expected later this summer.

The latest update details millions in book income, almost 40 trips and one gift.

Among the disclosures:

  • Justice Clarence Thomas’ 2024 disclosure listed no gifts or travel reimbursements. In 2023, a ProPublica investigation revealed that Thomas was a frequent recipient of luxury travel and gifts from billionaire benefactorsand that he often failed to disclose them.
  • Justice Ketanji Brown Jackson reported a $2.07 million advance from Penguin Random House for her memoir, “Lovely One,” published in 2024. She also disclosed more than a dozen reimbursed trips to cities including Los Angeles, New York, Miami, Seattle, Chicago and Boston, mostly in connection with her book tour.
  • Justice Sonia Sotomayor disclosed a $60,000 book advance and over $73,000 in additional royalty payments, also from Penguin Random House. She listed eight reimbursed trips from various universities, including international travel to Panama City, Zurich and Vienna, as well as a $1,437 gift from the Coterie Theatre in Kansas City, Mo.
  • Justice Neil Gorsuch reported $250,000 in royalties from HarperCollins, plus income from teaching at George Mason University. He took at least six paid-for trips, including international travel to Germany and Portugal, and domestic stops in Los Angeles, Dallas, Philadelphia, and Williamsburg, Virginia.
  • Justice Amy Coney Barrett received $31,815 in teaching income from the University of Notre Dame and reported three trips, including travel to Malibu, California, and two visits to Notre Dame.
  • Justice Brett Kavanaugh reported $31,815 in teaching income from Notre Dame and listed two trips there.
  • Justice Elena Kagan reported a trip to New York City for a speech at New York University.
  • Chief Justice John Roberts disclosed two reimbursed trips: one to Galway, Ireland, and another to West Point, New York, for events hosted by New England Law and the United States Military Academy, respectively.

We’ve also added new ways to view the justices’ investment holdings. Previously, investments were sorted by value. Now, you can group investments by account to see how justices structure their holdings, or you can sort investments by the order in which they appear on the original disclosure forms, making it easier to cross-reference our data to the original filings.

Browse the database to learn more.

Do you have any tips on the Supreme Court? Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383. Justin Elliott can be reached by email at justin@propublica.org or by Signal or WhatsApp at 774-826-6240.

by Sergio Hernández

Texas Attorney General Ken Paxton Is Outsourcing More of His Office’s Work to Costly Private Lawyers

2 months 3 weeks ago

This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

One day in late May 2024, lawyer Zina Bash spent 6 1/2 hours working on a case against Facebook parent company Meta on behalf of the state of Texas. She reviewed draft legal filings. She participated in a court-ordered mediation session and then discussed the outcome with state Attorney General Ken Paxton.

In her previous job as senior counsel on Paxton’s leadership team, that labor would have cost Texas taxpayers $641.

But Bash had moved to private practice. Paxton hired her firm to work on the Meta case, allowing her to bill $3,780 an hour, so that day of work will cost taxpayers $24,570.

In the past five years, Paxton has grown increasingly reliant on pricey private lawyers to argue cases on behalf of the state, rather than the hundreds of attorneys who work within his office, an investigation by The Texas Tribune and ProPublica found. These are often attorneys, like Bash, with whom Paxton has personal or political ties.

In addition to Bash, one such contract went to Tony Buzbee, the trial lawyer who successfully defended Paxton during his 2023 impeachment trial on corruption charges. Three other contracts went to firms whose senior attorneys have donated to Paxton’s political campaigns. Despite these connections and what experts say are potential conflicts of interest, Paxton does not appear to have recused himself from the selection process. Although he is not required to by law, this raises a concern about appearing improper, experts who study attorneys general said.

Paxton appears to have also outsourced cases more frequently than his predecessors, available records show. And he’s inked the kind of contingent-fee contracts, in which firms receive a share of a settlement if they win, far more often than the attorneys general in other large states, including California, New York and Pennsylvania. Since 2015, the New York and California attorneys general have awarded zero contingent-fee contracts; Pennsylvania’s has signed one. During that period, Paxton’s office approved 13.

One of those was with Bash’s firm, Chicago-based Keller Postman, at the time known as Keller Lenkner, which she joined as partner in February 2021 after resigning from her job at the attorney general’s office. Paxton had signed a contract with the company two months earlier to investigate Google for deceptive business practices and violations of antitrust law. A little more than a year later, Bash’s firm won a state contract to work on the Meta litigation, alleging its facial recognition software violated Texans’ privacy. This time, Bash was the co-lead counsel.

Meta, which called the lawsuit meritless, settled the case for $1.4 billion in the summer of 2024. It was a windfall for Keller Postman. The firm billed $97 million, the largest fee charged by outside counsel under Paxton’s tenure. Bash’s work alone accounted for $3.6 million of that total.

A letter from Zina Bash to the Texas attorney general’s office informs the office that the state owes her firm, Keller Postman, almost $97 million for its work on the state’s case against Meta. (Obtained by The Texas Tribune. Highlighted by ProPublica.)

Bash, a former U.S. Supreme Court clerk, said in a statement she is honored the attorney general’s office partnered with Keller Postman based on the firm’s “first-rate attorneys and extensive experience.”

“We have a record of taking on the most significant litigation in the country against the most powerful defendants in the world,” Bash said.

Keller Postman did not respond to a request for comment.

There is little to stop Paxton, or any other occupant of his office, from handing these contracts out. The attorney general can award them without seeking bids from other law firms or asking anyone’s permission.

Asked to provide competitive-bid documents for the contingent-fee contracts it has awarded, the attorney general’s office said it had none because state law “exempts the OAG from having to do all of the solicitation steps when hiring outside counsel.”

Given the high-profile nature of representing an attorney general and the potential for a big payday, many qualified firms would be eager to compete for this work, said Paul Nolette, a professor of political science at Marquette University who studies attorneys general.

“I’d be curious to know what the justification is for this not going on the open market,” Nolette said.

Paxton declined interview requests for this story. He has publicly defended the practice of hiring outside law firms, arguing that his office lacks the resources in-house to take on massive corporations like tech companies and pharmaceutical manufacturers.

“These parties have practically unlimited resources that would swamp most legal teams and delay effective enforcement,” Paxton told the Senate finance committee during a budget hearing in January.

A spokesperson for Paxton said in a statement that the outside lawyers hired by the office are some of the best in the nation. With the contingent-fee settlements to date, more than $2 billion, the state “could not have gotten a better return on its investment,” the statement said.

Chris Toth, former executive director of the National Association of Attorneys General, questioned why so much extra help is needed. Outside counsel is appropriate for small states, he said, that “only have so many lawyers with so many levels of expertise.”

The Texas attorney general’s office, one of the largest in the country, has more than 700 attorneys.

“Large states typically don’t hire outside counsel,” Toth said. “They should have the people in-house that should be able to go toe-to-toe with the best attorneys that are out there.”

A Troubled History

When a Texas attorney general previously made a practice of giving lucrative contracts to private counsel, it didn’t end well.

Dan Morales was the last Democrat to hold the office. He became embroiled in scandal after he used outside firms to help secure a $17 billion settlement in Big Tobacco litigation in 1998.

Republicans, including then-Gov. George W. Bush, blasted the $3.2 billion payout to the outside lawyers as exorbitant. Their attacks grew more intense when Morales sought to steer $500 million of that sum to a lawyer, a personal friend, who did very little work on the case. Morales pleaded guilty in 2003 to related federal corruption charges. He served 3 1/2 years behind bars.

John Cornyn, the Republican who succeeded Morales in 1999, criticized his predecessor’s handling of the tobacco case during his campaign for the office. In an interview for this story, Cornyn said he never hired outside counsel as attorney general because he focused on recruiting talented in-house lawyers that he felt could handle all the office’s cases.

Paxton is challenging Cornyn, now a four-term U.S. senator, in next year’s Republican primary.

Texas Gov. Greg Abbott, the Republican who led the office after Cornyn, appears to have rarely used private lawyers. The attorney general’s office was able to produce records for only part of Abbott’s 12-year term because state law allows the files to be deleted after so many years. The office signed nine outside counsel contracts between 2010 and 2014, all pro bono or for hourly rates rather than contingency. Abbott did not respond to an interview request.

Paxton also seldom outsourced cases during his first five years in office. Through 2019, he awarded only nine outside counsel contracts, all pro bono or hourly rate. The most expensive contract capped fees at $500,000 — far less than $143 million the state paid to the two firms, including Bash’s, that handled the Meta case.

He changed course in 2020.

That summer, the attorney general’s office was gearing up to file its first case against Google. It related to allegations that the company monopolized the online advertising market, raising costs for advertisers, who increased the price of their products for average consumers as a result. Paxton initially had no plans to hire outside counsel for the litigation, three former deputy attorneys general told the Tribune and ProPublica.

But before the case was filed, the attorney general’s office was thrown into upheaval. At the end of September, seven of Paxton’s senior advisers reported him to the FBI, concerned his relationship with an Austin real estate investor had crossed the line into bribery and corruption. State House members would later impeach Paxton on counts related to the accusations; state senators eventually acquitted him. The federal criminal investigation into Paxton did not result in any criminal charges.

Over fall 2020, each of the lawyers in his office who had accused Paxton of wrongdoing quit or was fired. That included Darren McCarty, the head of civil litigation who was supposed to lead the Google litigation before he reported his boss to the FBI. He resigned on Oct. 26.

Less than two months later, on Dec. 16, Paxton signed contracts with The Lanier Law Firm and Keller Postman to investigate Google. They filed the lawsuit against the tech giant in federal court the same day.

Paxton replaced the lawyers who complained to the authorities. The staffing of the antitrust and consumer protection divisions, which would have handled these cases, remained constant at more than 80 employees in the following years. Yet Paxton continued to outsource lawsuits against large corporations to private lawyers.

Under Keller Postman’s contract, the firm would be paid only if it secured a settlement or won at trial. These contingent-fee cases have the potential to be far more profitable for the outside firms than those in which they bill at a regular hourly rate. In a successful case, the contracts say that firms are paid either a percentage of a settlement or the sum of hours billed by the firm times four, whichever is less.

In the Meta case, Keller Postman was entitled to 11% of the state’s settlement, a share that totaled $154 million. But because the firm’s fees and expenses totaled $97 million, it billed that sum.

In multiple legislative sessions, Paxton has testified that outsourcing was the only way his office could stand toe-to-toe with corporate titans.

If Paxton has a shortage of qualified in-house attorneys, Cornyn told the newsrooms, that’s because of the damage the whistleblower scandal did to the reputation of the attorney general’s office as a home for ambitious young lawyers.

“He’s a victim of his own malfeasance and mismanagement because people did not want to work for him anymore,” Cornyn said. “And if you run off your best lawyers because you engage in questionable ethical conduct, then you’re left with very few options. But this shouldn’t be a way to reward bad behavior.”

Former Arizona Attorney General Terry Goddard said he was surprised Paxton began hiring contingent-fee outside lawyers only after the scandal, since those contracts, with their potential for high profits, are tougher to ethically defend.

“I would have thought it would have been the other way around — that he got more careful after he got the whistle blown on him,” said Goddard, a Democrat. “But it looked like he got more reckless.”

Attorney General Ken Paxton, right, sits with lawyer Tony Buzbee on the ninth day of Paxton’s’s impeachment trial at the Texas Capitol in Austin on Sept. 15, 2023. (Julius Shieh/The Texas Tribune) Connections to Contract Recipients

Paxton’s style of procurement also benefited Buzbee, the man who successfully defended him during his impeachment trial, which stemmed from allegations the whistleblowers raised.

The attorney general chose to skip most of the proceedings, so for the 10 days of trial in the Texas Senate, his most vociferous advocate was the loquacious Buzbee. The pair sat side by side when the attorney general did attend.

A little more than a year later, Paxton hired The Buzbee Law Firm to pursue an antitrust suit against the investment firms BlackRock, State Street and Vanguard that accuses the companies of manipulating the coal market in a way that allegedly increased electricity prices for Texans. The firms deny wrongdoing.

Buzbee is a successful litigator and one of Houston’s most famous plaintiffs’ attorneys. Among other victories, he won settlements for victims of the Deepwater Horizon oil spill and $73 million for Gulf of Mexico oil drillers in a 2001 antitrust case. But he’s known primarily for personal injury work, not antitrust litigation.

His firm, one of two hired for this latest attorney general’s office contingent-fee case, could collect 10% of any judgment or settlement. The case is in its early stages, though the Trump administration in May filed a brief in the case in support of Texas.

Buzbee downplayed the potential for a big payday in an email to the newsrooms and argued there is no buddy system at play, noting he believed other law firms also interviewed with Paxton’s office for the job. (The attorney general’s office did not confirm this.) He said his firm has to pay for significant expenses up front, without any guarantee of payment.

“The current arrangement may be a good deal for other lawyers, but in all candor, it’s not for me,” Buzbee said, adding that his normal hourly rate is $2,250. “Frankly, the only reason I’m even doing it is that I am proud to represent the state in such a landmark case.”

A page from an outside counsel contract, signed by both Buzbee and Paxton, shows The Buzbee Law Firm was hired to represent the state in litigation against BlackRock Inc., State Street Corp. and The Vanguard Group Inc. (Obtained by The Texas Tribune)

The connections between Paxton and the lawyers he has hired also extend to other firms. The attorney general’s office hired the firm Norton Rose Fulbright, one of the largest in the country with more than 3,000 lawyers on staff, to work on separate Google cases for the state, focusing on consumer protection allegations.

The attorney general’s office has awarded three contracts to the firm since 2022 for cases against the tech giant. Three times during that period, Joseph Graham, the firm’s lead counsel on the Google litigation, contributed $5,000 to Paxton’s campaign for attorney general. Twice, the donations came within 16 days of Graham signing one of the firm’s contracts with the attorney general.

The firm and its attorneys have contributed $39,500 to Paxton’s campaign since he took office. Neither Graham nor Norton Rose Fulbright responded to requests for comment.

Mark Lanier, founder of The Lanier Law Firm, which the state hired to work on a separate Google case, is a large donor to Texas elected officials. He has contributed $31,000 to Paxton’s campaigns since 2015. The largest contribution, for $25,000, came six months after Lanier signed his firm’s Google contract.

The Lanier contract is slightly different from the others the attorney general’s office awarded, in that the firm’s payment is partially based on a basic hourly rate but it could also be paid more if it wins the case, as in the contingent-fee model. Lanier noted in an emailed statement to the newsrooms that he took a reduced fee on this case and maintained that the attorney general’s office needed the kind of firepower his team can bring against an opponent like Google.

“The Texas AG office and its lawyers are good, but specialists are needed in a war like this. And it is a war,” Lanier wrote. “It would be irresponsible to pursue Google on behalf of Texans without bring[ing] the fullest resources you can.”

A competitive, open process for awarding contracts can be a strong defense against accusations of favoritism, Goddard said.

Unlike some other states, Texas does not require these contracts be put out to competitive bid.

Florida, for example, has one of the most robust laws in the country for procuring outside counsel, requiring the attorney general to explain in writing why a contingent-fee contract is necessary. It also mandates most contracts be put out to competitive bid and caps contingent-fee payouts at $50 million.

Texas has no such cap.

It also has virtually no method for state lawmakers to truly supervise this kind of practice. State law mandates only that the attorney general notify the Legislature when his office awards a contingent-fee contract, and certify that no in-house lawyers or private attorneys at an hourly rate can handle the task. Paxton has done so in boilerplate two-page letters that all say outside attorneys are needed because of the “scope and enormity” of the cases.

If lawmakers are concerned about these contracts, there is no mechanism for them to challenge Paxton’s determination that private counsel is needed.

Having lawyers bid for work would eliminate the appearance of impropriety that hangs over Paxton’s hires, Goddard said.

“A couple look like paybacks, which is extraordinarily improper, in other words to award a contract to someone who’s a major contributor or has recently left your office,” he said. “All of those would not be allowed in our state.”

Officials in other states have said they can still secure big wins for their constituents without relying on private firms.

California, for example, reached a $93 million settlement with Google in 2023 over claims that the company was clandestinely tracking users’ locations. A year earlier, in a case with similar allegations, Oregon and Nebraska led a 40-state coalition that won a $392 million settlement against the company. Texas was not part of this suit.

The latter agreement required Google to make new privacy disclosures to consumers, restricted its ability to share users’ location information with advertisers and required the company to prepare an annual report detailing how it was complying with the settlement terms.

Doug Peterson, the Republican attorney general of Nebraska at the time, said negotiating the financial penalty — Nebraska’s share was $11.9 million — was a secondary goal of the settlement.

“The most important thing we’re trying to do is to stop the bad behavior,” Peterson said.

McCarty, one of the attorney general employees who blew the whistle on Paxton, said private lawyers can be talented, but they have an incentive to fixate on the financial portion of settlements — which is tied to their compensation — rather than enforcement provisions that may best protect a state’s residents.

“Government enforcers, especially in the antitrust context, can focus on more effective solutions,” McCarty said.

Norton Rose Fulbright has yet to send its final billing records to the attorney general’s office but is likely to be rewarded handsomely. The firm helped the state secure a $1.38 billion settlement with Google in May. Google spokesperson José Castañeda said the Texas settlement, which has not been finalized, will contain no new restrictions on the company’s practices.

Under the terms of its contracts, the firm’s fees could exceed $350 million.

by Zach Despart, The Texas Tribune

The Men Trump Deported to a Salvadoran Prison

2 months 3 weeks ago

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On March 15, President Donald Trump’s administration sent more than 230 Venezuelan immigrants to a maximum-security prison in El Salvador. Without providing evidence, Trump has called the men “some of the most violent savages on the face of the Earth.”

Last week, the men were released as suddenly as they’d been taken away. Now, the truth of all their stories — one by one — will begin to be told.

Starting here.

We’ve compiled a first-of-its-kind, case-by-case accounting of 238 Venezuelan men who were held in El Salvador.

ProPublica, The Texas Tribune and a team of Venezuelan journalists from Alianza Rebelde Investiga (Rebel Alliance Investigates) and Cazadores de Fake News (Fake News Hunters) spent the past four months reporting on the men’s lives and their backgrounds. We obtained government data that included whether they had been convicted of crimes in the U.S. or had pending charges. We found most were listed solely as having immigration violations. We also conducted interviews with relatives of more than 100 of the men; reviewed thousands of pages of court records from the U.S. and South America; and analyzed federal immigration court data.

Some of our findings:

  • We obtained internal data showing that the Trump administration knew that at least 197 of the men had not been convicted of crimes in the U.S. — and that only six had been convicted of violent offenses. We identified fewer than a dozen additional convictions, both for crimes committed in the U.S. and abroad, that were not reflected in the government data.

  • Nearly half of the men, or 118, were whisked out of the country while in the middle of their immigration cases, which should have protected them from deportation. Some were only days away from a final hearing.

  • At least 166 of the men have tattoos. Interviews with families, immigration documents and court records show the government relied heavily on tattoos to tie the men to the Venezuelan gang Tren de Aragua — even though law enforcement experts told us that tattoos are not an indicator of gang membership.

  • The men who were imprisoned range in age from 18 to 46. The impact of their monthslong incarceration extended beyond them. Their wives struggled to pay the rent. Relatives went without medical treatment. Their children wondered if they would see them again.

White House spokesperson Abigail Jackson did not respond to questions about the men in the database but said Trump “is committed to keeping his promises to the American people and removing dangerous criminal and terrorist illegals who pose a threat to the American public.” She referred questions to the Department of Homeland Security, which did not respond.

Read the men’s stories in our database.

Reporting by: Perla Trevizo, ProPublica and The Texas Tribune; Melisa Sánchez, ProPublica; Mica Rosenberg, ProPublica; Gabriel Sandoval, ProPublica; Jeff Ernsthausen, ProPublica; Ronna Risquez, Alianza Rebelde; Adrián González, Cazadores de Fake News; Adriana Núñez Moros, independent journalist; Carlos Centeno, independent journalist; Maryam Jameel, ProPublica; Gerardo del Valle, ProPublica; Cengiz Yar, ProPublica; Gabriel Pasquini, independent journalist; Kate Morrisey, independent journalist; Coral Murphy Marcos, independent journalist; Lomi Kriel, ProPublica and The Texas Tribune; Nicole Foy, ProPublica; Rafael Carranza, Arizona Luminaria; Lisa Seville, ProPublica

Design and development by: Ruth Talbot, ProPublica

Additional design and development by: Zisiga Mukulu, ProPublica

Additional data reporting by: Agnel Philip, ProPublica

by ProPublica, The Texas Tribune, Alianza Rebelde Investiga and Cazadores de Fake News

Four Years After Cop Was Filmed Slamming Black Woman to the Ground, Louisiana Passes Accountability Law

2 months 3 weeks ago

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

Louisiana passed a new police accountability law following allegations of civil rights violations against a sheriff’s deputy caught on video dragging a Black woman by her hair and slamming her head into the ground.

The woman, Shantel Arnold, sued the deputy and the sheriff, accusing the Jefferson Parish Sheriff’s Office of conspiring to cover up the 2021 assault. The Sheriff’s Office agreed in March to pay Arnold $300,000 after three days of trial but before jury deliberations began, Arnold’s attorney said.

After the incident, ProPublica, in partnership with WRKF, WWNO and The Times-Picayune, published an investigation detailing the long history of excessive-force complaints against Jefferson Parish sheriff’s Deputy Julio Alvarado. Alvarado, a 20-year veteran of the Sheriff’s Office, was employed by the department as of March.

Arnold’s attorney, state Sen. Gary Carter, D-New Orleans, said he introduced the legislation after it emerged that Alvarado had failed to write a report about his encounter with Arnold despite his department’s policy that officers document each time they use force. Jefferson Parish Sheriff Joseph Lopinto said during his testimony in the March trial over Arnold’s lawsuit that Alvarado’s commanders instructed him against writing such a report after video of his actions spread across social media.

Arnold’s run-in with Alvarado, which was captured in a 14-second video, left the woman with bruises and scratches across her body, a busted lip and recurring headaches, according to her subsequent account to police investigators.

“Had it not been for a bystander capturing how this officer beat up Shantel Arnold, there would be no report, there would be no evidence of it, there would be no indication that it ever happened,” Carter said in a recent interview.

The new law, passed unanimously by state legislators and signed by Gov. Jeff Landry in June, will require all law enforcement agencies to report every time an officer’s use of force results in serious injury. It directs the Council on Peace Officer Standards and Training, which certifies police officers, to adopt a policy on mandatory use-of-force reporting by Jan. 1. Details of how the process will work have not been spelled out, nor has the penalty for failing to comply.

The bill was introduced as “Shantel Arnold’s Law,” but Carter said that name was removed because “Sheriff Lopinto got very upset about that, and that almost killed the bill.”

Neither the Jefferson Parish Sheriff’s Office nor Alvarado’s attorney responded to requests for comment or an interview.

Alvarado came across Arnold in September 2021, when the officer responded to a 911 call about a fight among 25 people in Jefferson Parish. When the deputy pulled up in his patrol car, Alvarado saw Arnold, covered in dirt, walking down the street. Arnold told the deputy she was attacked by a group of boys who frequently bullied her. When Alvarado ordered her to stop, Arnold said she just wanted to go home and kept walking. That’s when the deputy jumped out of his vehicle, grabbed Arnold and slammed her into the sidewalk, according to several witnesses.

In a video taken by a bystander, Alvarado drags Arnold along the pavement, holds her by her braids and slams her repeatedly onto the pavement. Arnold was not charged with a crime and was later taken to a hospital. The Sheriff’s Office did not use body cameras at the time but has since begun using them.

The Jefferson Parish Sheriff’s Office denied wrongdoing. A 2022 internal investigation by the Sheriff’s Office determined Alvarado’s actions against Arnold were “both reasonable and acceptable.” Alvarado received an “approximately” 40-hour suspension for failing to file a written report, Lopinto said in his March testimony.

Arnold alleged in her 2022 lawsuit that the Sheriff’s Office knew Alvarado had a propensity for violence against Black people and other minority groups yet continued to have him patrol such communities, putting the public in danger.

Lopinto attributed Alvarado’s history of complaints to his working a high-crime beat, according to a 2022 Times-Picayune interview. “It’s not like he’s getting a complaint every month,” Lopinto said. During that same interview, Lopinto dismissed Arnold’s account and accused her of “looking for a paycheck.”

Alvarado’s alleged misdeeds fit a broader pattern in the Jefferson Parish Sheriff’s Office, as the yearlong investigation into the Sheriff’s Office by ProPublica, WRKF and WWNO found. Between 2013 and 2021, deputies disproportionately discharged guns against Black people. Of the 40 people shot at by Jefferson Parish deputies during that time, 73% were Black, more than double their share of the population. Twelve of the 16 people who died after being shot or restrained by deputies during that time were Black.

Alvarado has been named in at least 10 federal civil rights lawsuits since 2007, all involving the use of excessive force; eight of the plaintiffs were members of minority groups.

The Sheriff’s Office settled three of those lawsuits. Arnold’s $300,000 payout is the third — and largest — settlement involving Alvarado. Five other lawsuits were closed in favor of the Sheriff’s Office, one was dismissed on a legal technicality and one was indefinitely delayed.

The Sheriff’s Office said in filings responding to the eight lawsuits that were not dismissed or delayed that officers’ actions were “reasonable under the circumstances” and characterized the claims as “frivolous.”

Prior to the 2021 incident involving Arnold, the Jefferson Parish Sheriff’s Office had settled a 2016 lawsuit accusing Alvarado of grabbing a 14-year-old Hispanic boy by the neck and slamming his head against the concrete as the child screamed, “Why are you doing this to me?” A woman had called the police complaining that the boy and a friend were wrestling in a parking lot. Alvarado then threatened to have the boy and his family deported, according to the suit. The Sheriff’s Office, which paid the boy’s family $15,000, said in court filings that Alvarado’s actions were “reasonable under the circumstances.”

In 2018, another lawsuit claimed Alvarado and three deputies beat Atdner Casco, a Honduran native, and stole more than $2,000 from him during a traffic stop the year before, then conspired to have him deported. Casco claimed Alvarado beat and choked him until he agreed to keep silent about being robbed. The Sheriff’s Office denied wrongdoing but settled that case in 2020 for $50,000.

Both incidents were cited in Arnold’s lawsuit as evidence that Alvarado has exhibited a pattern of behavior throughout his career that made him unfit for duty. Carter, Arnold’s attorney, raised yet another incident during the March trial in which sheriff detectives in December 2019 witnessed Alvarado patronizing a massage parlor that was being investigated for suspected prostitution. Alvarado denied he went there to “have a sexual act performed on him.” He was demoted from sergeant to deputy for “bringing the Jefferson Parish Sheriff’s Office in disrepute” and for patronizing an “illegitimate business while on duty and neglecting your responsibilities to detectives under your command,” Carter said during the trial, citing an internal police report.

Carter said in an interview that Lopinto’s continued defense and employment of Alvarado represented a permissive attitude toward questionable behavior.

“He stood by” Alvarado, who “shows no contrition, no remorse,” Carter said.

by Richard A. Webster, Verite News

Do You Have Information About the CECOT Deportations? Help ProPublica Report.

2 months 3 weeks ago

Leer en español.

The Trump administration sent more than 230 Venezuelan immigrants to CECOT, a maximum-security prison in El Salvador, and accused them of being members of the violent Tren de Aragua gang. For the past four months, ProPublica and The Texas Tribune have been reporting on these men, their backgrounds and how they ended up in custody. We’ve written about how the administration knew before removing them that the vast majority had not been convicted of any crimes in the U.S., contradicting its claims that the men were “the worst of the worst,” and how, by and large, they were abiding by the immigration system and not absconding from authorities. Now that they’ve been returned to Venezuela, we’re continuing to report on who the men are and what they went through.

Do you have information about the men or about the operation in which they were deported that you can share? Fill out this form or contact us via Signal at 917-512-0201 or WhatsApp at 917-327-4868.

We appreciate you sharing your story and we take your privacy seriously. We are gathering this information for the purposes of our reporting, and we will contact you if we wish to publish any part of your story.

by Perla Trevizo, Melissa Sanchez, Mica Rosenberg and Maryam Jameel

“Under the Microscope”: Activists Opposing a Nevada Lithium Mine Were Surveilled for Years, Records Show

2 months 3 weeks ago

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Ka’ila Farrell-Smith grew up in a community that was deeply involved in the fight for Indigenous rights, protesting broken treaties and other mistreatment of Native American people. Members of the movement, she said, understood that law enforcement agencies were surveilling their activities.

“I’ve been warned my entire life, ‘The FBI’s watching us,’” said Farrell-Smith, a member of the Klamath Tribes in Oregon.

Government records later confirmed wide-ranging FBI surveillance of the movement in the 1970s, and now the agency is focused on her and a new generation of Indigenous activists challenging development of a mine in northern Nevada. Farrell-Smith advises the group People of Red Mountain, which opposes a Canadian company’s efforts to tap what it says is one of the world’s largest lithium deposits.

Law enforcement agencies, including the FBI, have for years worked alongside private mine security to surveil the largely peaceful protesters who oppose the mine, called Thacker Pass, according to more than 2,000 pages of internal law enforcement communications reviewed by ProPublica. Officers and agents have tracked protesters’ social media, while the mining company has gathered video from a camera above a campsite protesters set up on public land near the mine. An FBI joint terrorism task force in Reno met in June 2022 “with a focus on Thacker Pass,” the records also show, and Lithium Americas — the main company behind the mine — hired a former FBI agent specializing in counterterrorism to develop its security plan.

“We’re out there doing ceremony and they’re surveilling us,” Farrell-Smith said.

“They treat us like we’re domestic terrorists,” added Chanda Callao, an organizer with People of Red Mountain.

All told, about 10 agencies have monitored the mine’s opponents. In addition to the FBI, those agencies include the Bureau of Land Management, Humboldt County Sheriff’s Office, Bureau of Indian Affairs, Nevada State Police Highway Patrol, Winnemucca Police Department and Nevada Threat Analysis Center, the records show.

Andrew Ferguson, who studies surveillance technology at the American University Washington College of Law, called the scrutiny of Indigenous and environmental protesters as potential terrorists “chilling.”

“It obviously should be concerning to activists that anything they do in their local area might be seen in this broad-brush way of being a federal issue of terrorism or come under the observation of the FBI and all of the powers that come with it,” Ferguson said.

The FBI did not respond to requests for comment. The Bureau of Land Management, which coordinated much of the interagency response, declined to comment. Most of the law enforcement activity has focused on monitoring, and one person has been arrested to date as a result of the protests.

Mike Allen, who served as Humboldt County’s sheriff until January 2023, said his office’s role was simply to monitor the situation at Thacker Pass. “We would go up there and make periodic patrol activity,” he said.

Allen defended the joint terrorism task force, saying it was “where we would just all get together and discuss things.” (The FBI characterizes such task forces, which include various agencies working in an area, as the front line of defense against terrorism.)

In this May 2022 email, an FBI special agent invites Nevada’s Humboldt County Sheriff’s Office to a joint terrorism task force meeting focused on Thacker Pass. (Records obtained by Siskiyou Rising Tide and Information for Public Use. Highlighted and redacted by ProPublica.)

Tim Crowley, Lithium Americas’ vice president of government and external affairs, said in a statement: “Protestors have vandalized property, blocked roads and dangerously climbed on Lithium Americas’ equipment. In all those cases, Lithium Americas avoided engagement with the protestors and coordinated with the local authorities when necessary for the protection of everyone involved.”

Crowley noted that Lithium Americas has worked with Indigenous communities near the mine to study cultural artifacts and is offering to build projects worth millions of dollars for the Fort McDermitt Paiute and Shoshone Tribe, such as a community center and greenhouse.

But individuals and the community groups opposed to the mine don’t want money. They worry mining will pollute local sources of water in the nation’s driest state and harm culturally significant sites, including that of an 1865 massacre of Indigenous people.

“We understand how the land is sacred and how much culture and how much history is within the McDermitt Caldera,” Callao said of the basin where Thacker Pass is located. “We know how much it means to not only the next generation, but the next seven generations.”

First image: Construction at Lithium Americas’ Thacker Pass mine near Orovada, Nevada. Second image: Nevada Gov. Joe Lombardo, center, and Rep. Mark Amodei, left, tour the site of a future housing facility for miners in Winnemucca, Nevada. (David Calvert/The Nevada Independent) A Familiar Conflict

Indigenous groups are increasingly at odds with mining companies as climate change brings economies around the globe to an inflection point. Greenhouse gas emissions from burning fossil fuels are contributing to increasingly intense hurricanes, heat waves, wildfires and droughts. The solution — powering the electrical grid, vehicles and factories with cleaner energy sources — brings tradeoffs.

Massive amounts of metals are required to manufacture solar panels, wind turbines and other renewable energy infrastructure. Demand for lithium will skyrocket 350% by 2040, largely to be used in electric vehicles’ rechargeable batteries, according to the International Energy Agency.

The U.S. produces very little lithium — and China controls a majority of refining capacity worldwide — so development of Thacker Pass enjoys bipartisan support, receiving a key permit in President Donald Trump’s first administration and a $2.26 billion loan from President Joe Biden’s administration. (Development ran into issues in June, when a Nevada agency notified the company that it was using groundwater without the proper permit. Company representatives have said they are confident that they will resolve the matter.)

Many minerals needed to produce cleaner energy are found on Indigenous lands. For example, 85% of known global lithium reserves are on or near Indigenous people’s lands, according to a 2022 study by researchers at the University of Queensland in Australia, the University of the Free State in South Africa and elsewhere. The situation has put Indigenous communities at odds with mining industries as tribes are asked to sacrifice land and sovereignty to combat climate change.

Luke Danielson is a mining consultant and lawyer who for decades has researched how mining affects Indigenous lands. “What I fear would be we set loose a land rush where we’re trampling over all the Indigenous people and we’re taking all the public land and essentially privatizing it to mining companies,” he said.

If companies or governments attempt to force mining on such communities, it can slow development, noted Ciaran O’Faircheallaigh, a professor emeritus of Australia’s Griffith University and author of “Indigenous Peoples and Mining.”

“If there are bulldozers coming down the road and they are going to destroy an area that is central to people’s identity and their existence, they are going to fight,” he said. “The solution is you actually put First Peoples in a position of equal power so that they can negotiate outcomes that allow for timely, and indeed speedy, development.”

Environmental activists Will Falk, left, and Max Wilbert led early opposition to the mine, after which the Bureau of Land Management fined them tens of thousands of dollars for the cost of monitoring them. (David Calvert/The Nevada Independent) “We’re Not There for an Uprising”

Most of the documents tracing law enforcement’s involvement at Thacker Pass were obtained via public records requests by two advocacy groups focused on climate change and law enforcement, Siskiyou Rising Tide and Information for Public Use. They shared the records with ProPublica, which obtained additional documents through separate public records requests to law enforcement agencies.

Given the monitoring of mining’s opponents highlighted in the records, experts raised questions about authorities’ role: Is the government there to support industrial development, protect civil liberties or act as an unbiased arbiter? At Thacker Pass, the documents show, law enforcement has helped defend the mine.

Protests have at times escalated.

A small group of more radical environmentalists led by non-Indigenous activists propelled the early movement, setting up a campsite on public land near the proposed mine site in January 2021. In June 2022, a protester from France wrote on social media, “We’ll need all the AR15s We can get on the frontlines!” Tensions peaked in June 2023, when several protesters entered the worksite and blocked bulldozers, leading to one arrest.

That group — which calls itself Protect Thacker Pass — argued that its actions were justified. Will Falk, one of the group’s organizers, said that, in any confrontation, scrutiny unfairly falls on protesters instead of companies or the government. “As a culture, we’ve become so used to militarized police that we don’t understand that, out of the group of people gathered, the people who are actually violent are the ones with the guns,” he said.

Falk and another organizer were, as a result of their participation in protests, barred by court order from returning to Thacker Pass and disrupting construction, and the Bureau of Land Management fined them for alleged trespass on public lands during the protest. The agency charged them $49,877.71 for officers’ time and mileage to monitor them, according to agency records Falk shared with ProPublica. Falk said his group tried to work with the agency to obtain permits and is disputing the fine to a federal board of appeals.

“None of us are armed. We’re not there for an uprising,” said Gary McKinney, a spokesperson for People of Red Mountain, which parted ways with Falk’s group before the incident that led to an arrest.

McKinney, a member of the Duck Valley Shoshone-Paiute Tribe, leads annual prayer rides, journeying hundreds of miles across northern Nevada on horseback with other Native American activists to Thacker Pass. He described the rides, intended to raise awareness of mining’s impact on tribes and the environment, as a way to exercise rights under the American Indian Religious Freedom Act, which protects tribes’ ability to practice traditional spirituality. Still, the group feels watched. A trail camera once mysteriously appeared near their campsite along the path of the prayer ride. They also crossed paths with security personnel.

Beyond the trail rides, the FBI tracks McKinney’s activity, the records show. The agency informed other law enforcement when he promoted a Fourth of July powwow and rodeo on his reservation, and it flagged a speech he delivered at a conference for mining-affected communities.

“We’re being watched, we’re being followed, we’re under the microscope,” McKinney said.

First image: Then-Humboldt County Sheriff Mike Allen questioned whether Raymond Mey, a Lithium Americas security contractor, had a state private investigator’s license in a June 2021 email. Second image: Mey pushed the Bureau of Land Management, the Humboldt County Sheriff’s Office and others for a coordinated law enforcement strategy to address protests at Thacker Pass in a June 2021 email. (Records obtained by Siskiyou Rising Tide and Information for Public Use. Highlighted, redacted and excerpted by ProPublica.)

The records show security personnel hired by Lithium Americas speaking as if an uprising could be imminent. “To date, there has been no violence or serious property destruction, however, the activities of these protest groups could change to a more aggressive actions and violent demeanor at any time,” Raymond Mey, who joined Lithium Americas’ security team for a time after a career with the FBI, wrote to law enforcement agencies in July 2022.

Mey also researched protesters’ activities, sharing his findings with law enforcement. In an April 2021 update, for example, he provided an aerial photograph of the protesters’ campsite. Law enforcement agencies worked with Mey, and he pushed to make that relationship closer, seeking “an integrated and coordinated law enforcement strategy to deal with the protestors at Thacker Pass.” The records indicate that the FBI was open to him attending its joint terrorism task force.

Mey is not licensed with the Nevada Private Investigators Licensing Board, which is required to perform such work in the state, according to agency records.

Mey said that he didn’t believe he needed a license because he wasn’t pursuing investigations. He said that his advice to the company was to avoid direct conflict with protesters and only call the police when necessary.

First image: Gary McKinney, spokesperson for People of Red Mountain. Second image: Members of the Reno-Sparks Indian Colony, People of Red Mountain, the Burns Paiute Tribe and others march in Reno, Nevada, to oppose the Thacker Pass mine. (David Calvert/The Nevada Independent) “We Shouldn’t Have to Accept the Burden of the Climate Crisis”

The battle over Thacker Pass reflects renewed strife between mining and drilling industries and Indigenous people. Two recent fights at the heart of this clash have intersected with Thacker Pass — one concerning an oil pipeline in the Great Plains and the other over a copper mine in the Southwest.

Beginning in 2016 and continuing for nearly a year, a large protest camp on the Standing Rock Indian Reservation sought to halt construction of the 1,172-mile Dakota Access Pipeline. Members of the Indigenous-led movement contended that it threatened the region’s water. The protest turned violent, leading to hundreds of arrests. Law enforcement eventually cleared the camp and the pipeline was completed.

Law enforcement agencies feared similar opposition at Thacker Pass, the records show.

In April 2021, Allen, then the local sheriff, and his staff met with Mark Pfeifle, president and CEO of the communications firm Off the Record Strategies, to discuss “lessons learned” from the Dakota Access Pipeline protests. Pfeifle, who helped the Bush administration build support for the second Gulf War, had more recently led a public relations blitz to discredit the Standing Rock protesters. This involved suggesting using a fake news crew and mocking up wanted posters for activists, according to emails obtained by news organizations. Pfeifle sent Allen presentations about the law enforcement response at Standing Rock, including one on “Examples of ‘Fake News’ and disinformation” from the protesters. “As always, we stand ready to help your office and your citizens,” he wrote to the sheriff.

The department appears not to have hired Pfeifle, although Allen directed his staff to also meet with Pfeifle’s colleague who worked on the Standing Rock response.

Around July 2021, the Humboldt County Sheriff’s Office held a meeting “to plan for the reality of a large-scale incident at Thacker Pass” similar to the Dakota Access Pipeline protests. Police referred to the ongoing protests on public land at Thacker Pass as an “occupation.”

Allen said he didn’t remember meeting with Pfeifle but said he wanted to be prepared for anything. “We didn’t know what to expect, but from what we understand, there were professional protestors up there and more were coming in,” he said.

Pfeifle didn’t respond to requests for comment.

Members of People of Red Mountain have also traveled to Arizona to object to the development of a controversial copper mine that’s planned in a national forest east of Phoenix. There, some members of the San Carlos Apache Tribe oppose the development because it would destroy an area they use for ceremonies. (In May, the Supreme Court handed down a decision allowing a land transfer, removing the final key obstacle to the mine.)

On these trips, Callao and others have frequently found a “notice of baggage inspection” from the Transportation Security Administration in their checked luggage. She provided ProPublica with photos of five such notices.

An agency spokesperson said that screening equipment does not know to whom the bag belongs when it triggers an alarm, and officers must search it.

To Callao, the surveillance, whether by luggage inspection, security camera or counterterrorism task force, adds to the weight placed on Indigenous communities amid the energy transition.

“We shouldn’t have to accept the burden of the climate crisis,” Callao said, “We should be able to protect our ancestral homelands.”

by Mark Olalde

The Forest Service Claims It’s Fully Staffed for a Worsening Fire Season. Data Shows Thousands of Unfilled Jobs.

2 months 3 weeks ago

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Despite the Trump administration’s public pronouncements that it has hired enough wildland firefighters, documents obtained by ProPublica show a high vacancy rate, as well as internal concern among top officials as more than 1 million acres burn across 10 states.

Less than a month ago, Agriculture Secretary Brooke Rollins announced that the Trump administration had done a historically good job preparing the nation for the summer fire season. “We are on track to meet and potentially exceed our firefighting hiring goals,” said Rollins, during an address to Western governors. Rollins oversees the wildland firefighting workforce at the U.S. Forest Service, a subagency of the Department of Agriculture. Rollins had noted in her remarks that the administration had exempted firefighters from a federal hiring freeze, and she claimed that the administration was outdoing its predecessor: “We have reached 96% of our hiring goal, far outpacing the rate of hiring and onboarding over the past three years and in the previous administration.”

Since then, the Forest Service’s assertions have gotten even more optimistic: The agency now claims it has reached 99% of its firefighting hiring goal.

But according to internal data obtained by ProPublica, Rollins’ characterization is dangerously misleading. She omitted a wave of resignations from the agency this spring and that many senior management positions remain vacant. Layoffs by the Department of Government Efficiency, voluntary deferred resignations and early retirements have severely hampered the wildland firefighting force. According to the internal national data, which has not been previously reported, more than 4,500 Forest Service firefighting jobs — as many as 27% — remained vacant as of July 17. A Forest Service employee who is familiar with the data said it comes from administrators who input staffing information into a computer tool used to create organization charts. The employee said that while the data could contain inaccuracies in certain forests, it broadly reflects the agency’s desired staffing levels. The employee said the data showing “active” unfilled positions was “current and up-to-date for last week.”

The Department of Agriculture disputes that assessment, but the figures are supported by anecdotal accounts from wildland firefighters in New Mexico, Oregon, Washington, California and Wyoming. According to a recent survey by Forest Service fire managers in California, 26% of engine captain positions and 42% of engineer positions were vacant. A veteran Forest Service firefighter in California characterized the Trump administration’s current estimate of the size of its firefighting workforce as “grossly inaccurate.”

Last week, Tom Schultz, the chief of the Forest Service, circulated a letter to high-ranking officials in the agency that underscored the dire moment. “As expected, the 2025 Fire Year is proving to be extremely challenging,” wrote Schultz in the letter, a copy of which was obtained by ProPublica. “We know the demand for resources outpaces their availability.” Schultz at once directed staff to employ full suppression — stomping out fires as quickly as possible, instead of letting them burn for the sake of landscape management — and acknowledged that the resources necessary to pursue such an aggressive strategy were lacking. All options were on the table, he wrote, including directing human-resources employees to fight fires and asking recently departed employees with firefighting qualifications to return to work.

When asked about the discrepancy between Schultz’s memo and Rollins’ public statements on firefighting staffing at the Forest Service, an agency spokesperson said that Schultz was referring to employees who can be called on to bolster the agency’s response “as fire activity increases,” while Rollins was pointing only to full-time firefighters. “The Forest Service remains fully equipped and operationally ready to protect people and communities from wildfire,” the spokesperson said, noting that “many individuals that have separated from the Agency either through retirements or voluntary resignations still possess active wildland fire qualifications and are making themselves available to support fire response operations.”

The federal government employs thousands of wildland firefighters, but the precise number is opaque. Throughout the Department of the Interior, which is overseen by Secretary Doug Burgum, there are about 5,800 wildland firefighters in four agencies that have been impacted by cuts. An employee at a national park in Colorado that is threatened by wildfire said that they were “severely understaffed during the Biden administration on most fronts, and now it’s so much worse than it’s ever been.”

But the Forest Service is by far the largest employer of wildland firefighters, and it has long used gymnastic arithmetic to paint an optimistic picture of its staffing. Last summer, ProPublica reported that the Forest Service under President Joe Biden had overstated its capacity. Robert Kuhn, a former Forest Service official who between 2009 and 2011 co-authored an assessment of the agency’s personnel needs, recently said that the practice of selectively counting firefighters dates back years. “What the public needs to understand is, that is just a very small number of what is needed every summer,” he said. Riva Duncan, a retired Forest Service fire chief and the vice president of Grassroots Wildland Firefighters, a labor advocacy organization, said staffing is a constant frustration for managers on the ground. “We have engines that are completely unstaffed,” said Duncan, who remains active in wildland firefighting, having worked in temporary roles this summer. “We have vacant positions in management.”

That said, there is a difference this fire season from years past. Officials in the previous administration publicly acknowledged the danger presented by an exodus of experienced wildland firefighters. The Trump administration has taken a different approach — claiming to have solved the problem while simultaneously exacerbating it. When asked about the staffing cuts, Anna Kelly, a White House deputy press secretary, wrote, “President Trump is proud of all Secretary Rollins has accomplished to improve forest management, including by ending the 2001 Roadless Rule for stronger fire prevention, and Secretary Burgum’s great work protecting our nation’s treasured public lands.”

In March, Congress finally codified a permanent raise for federal wildland firefighters via the appropriations process, a change that advocates have sought for years. In her remarks in June, Rollins credited the president: “Out of gratitude for the selfless service of our Forest Service firefighters, President Trump permanently increased the pay for our federal wildland firefighters.”

But in February, the Trump administration laid off about 700 employees who support wildland fire operations, from human-resource managers to ecologists and trail-crew workers. Those employees possess what are known as red cards — certifications that allow them to work on fire crews. Many were subsequently rehired, but the administration then pushed Forest Service employees to accept deferred resignations and early retirements.

Last month, President Donald Trump issued an executive order directing the Forest Service and the Department of the Interior to combine their firefighting forces. For the moment, it’s unknown what form that restructuring will take, but many Forest Service firefighters are anticipating further staffing cuts. A spokesperson for the Department of the Interior wrote, “We are taking steps to unify federal wildfire programs to streamline bureaucracy.”

Administration officials have maintained that employees primarily assigned to wildland fire were exempted from the resignation offers this spring. But according to another internal data set obtained by ProPublica, of the more than 4,000 Forest Service employees who accepted deferred resignations and early retirements, approximately 1,600 had red cards. (A spokesperson for the Department of Agriculture wrote that the actual number was 1,400, adding that 85 of them “have decided to return for the season.”)

Even those figures don’t account for all the lost institutional knowledge. The departures included meteorologists who provided long-range forecasts, allowing fire managers to decide where to deploy crews. One of the meteorologists who left was Charles Maxwell, who had for more than 20 years interpreted weather models predicting summer monsoons at the Southwest Coordination Center in Albuquerque, New Mexico, an interagency office. The thunderstorms can fuel wildfire, with lightning and wind, and extinguish them, with great rains. Lately, according to Maxwell, the monsoons have become less and less reliable, and understanding their nuances can be challenging. Maxwell said that he’d already been planning to retire next year. But he also said he “was concerned with the degree of chaos, the potential degradation of services and what would happen to my job.”

Maxwell noted that his work had been covered by knowledgeable fill-ins from out of state. But another firefighter who worked on blazes in New Mexico said that Maxwell’s understanding of the monsoon had been missed. A spokesperson for the Department of the Interior, which oversees the interagency office where Maxwell worked, wrote, “We do not comment on personnel matters.”

The monsoon season is now here and has brought deadly flash flooding along old burn scars in Ruidoso, New Mexico, while distributing sporadic rain in the state’s Gila National Forest.

It is shaping up to be a severe fire season. On Monday, federal firefighters reported 86 new fires across the West; by Tuesday, there were 105 more. And there’s already been some criticism of the federal response. Arizona’s governor and members of Congress have called for an investigation into the Park Service’s handling of a blaze this month that leveled a historic lodge on the Grand Canyon’s North Rim. Last month, Rollins acknowledged, “Fires don’t know Republican or Democrat, or which side of the aisle you are on.” This much, at least, is true.

Ellis Simani contributed data analysis.

by Abe Streep

Trump Administration Looking to Slash Environmental Protection Rules for Rocket Launches

2 months 3 weeks ago

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The Trump administration is considering slashing rules meant to protect the environment and the public during commercial rocket launches, changes that companies like Elon Musk’s SpaceX have long sought.

A draft executive order being circulated among federal agencies, and viewed by ProPublica, directs Secretary of Transportation Sean Duffy to “use all available authorities to eliminate or expedite” environmental reviews for launch licenses. It could also, in time, require states to allow more launches or even more launch sites — known as spaceports — along their coastlines.

The order is a step toward the rollback of federal oversight that Musk, who has fought bitterly with the Federal Aviation Administration over his space operations, and others have pushed for. Commercial rocket launches have grown exponentially more frequent in recent years.

Critics warn such a move could have dangerous consequences.

“It would not be reasonable for them to be rescinding regulations that are there to protect the public interest, and the public, from harm,” said Jared Margolis, a senior attorney for the Center for Biological Diversity, a nonprofit that works to protect animals and the environment. “And that’s my fear here: Are they going to change things in a way that puts people at risk, that puts habitats and wildlife at risk?”

The White House did not answer questions about the draft order.

“The Trump administration is committed to cementing America’s dominance in space without compromising public safety or national security,” said White House spokesperson Kush Desai. “Unless announced by President Trump, however, discussion about any potential policy changes should be deemed speculation.”

The order would give Trump even more direct control over the space industry’s chief regulator by turning the civil servant position leading the FAA’s Office of Commercial Space Transportation into a political appointment. The last head of the office and two other top officials recently took voluntary separation offers.

The order would also create a new adviser to the transportation secretary to shepherd in deregulation of the space industry.

The draft order comes as SpaceX is ramping up its ambitious project to build a reusable deep-space rocket to carry people to Earth’s orbit, the moon and eventually Mars. The rocket, called Starship, is the largest, most powerful ever built, standing 403 feet tall with its booster. The company has hit some milestones but has also been beset by problems, as three of the rockets launched from Texas this year have exploded — disrupting air traffic and raining debris on beaches and roads in the Caribbean and Gulf waters.

The draft order also seeks to restrict the authority of state coastal officials who have challenged commercial launch companies like SpaceX, documents show. It could lead to federal officials interfering with state efforts to enforce their environmental rules when they conflict with the construction or operation of spaceports.

Derek Brockbank, executive director for the Coastal States Organization, said the proposed executive order could ultimately force state commissions to prioritize spaceport infrastructure over other land uses, such as renewable energy, waterfront development or coastal restoration, along the coastline. His nonprofit represents 34 coastal states and territories.

“It’s concerning that it could potentially undermine the rights of a state to determine how it wants its coast used, which was the very fundamental premise of the congressionally authorized Coastal Zone Management Act,” he said. “We shouldn’t see any president, no matter what their party is, coming in and saying, ‘This is what a state should prioritize or should do.’”

SpaceX is already suing the California Coastal Commission, accusing the agency of political bias and interference with the company’s efforts to increase the number of Falcon 9 rocket launches from Vandenberg Space Force Base. The reusable Falcon 9 is SpaceX’s workhorse rocket, ferrying satellites to orbit and astronauts to the International Space Station.

The changes outlined in the order would greatly benefit SpaceX, which launches far more rockets into space than any other company in the U.S. But it would also help rivals such as Jeff Bezos’ Blue Origin and California-based Rocket Lab. The companies have been pushing to pare down oversight for years, warning that the U.S. is racing with China to return to the moon — in hopes of mining resources like water and rare earth metals and using it as a stepping stone to Mars — and could lose if regulations don’t allow U.S. companies to move faster, said Dave Cavossa, president of the Commercial Space Federation, a trade group that represents eight launch companies, including SpaceX, Blue Origin and Rocket Lab.

“It sounds like they’ve been listening to industry, because all of those things are things that we’ve been advocating for strongly,” Cavossa said when asked about the contents of the draft order.

Cavossa said he sees “some sort of environmental review process” continuing to take place. “What we’re talking about doing is right-sizing it,” he said.

He added, “We can’t handle a yearlong delay for launch licenses.”

The former head of the FAA’s commercial space office said at a Congressional hearing last September that the office took an average of 151 days to issue a new license during the previous 11 years.

Commercial space launches have boomed in recent years — from 26 in 2019 to 157 last year. With more than 500 total launches, mostly from Texas, Florida and California, SpaceX has been responsible for the lion’s share, according to FAA data.

But the company has tangled with the FAA, which last year proposed fining it $633,000 for violations related to two of its launches. The FAA did not answer a question last week about the status of the proposed fine.

SpaceX, Blue Origin, Rocket Lab and the FAA did not respond to requests for comment.

Currently, the FAA’s environmental reviews look at 14 types of potential impacts that include air and water quality, noise pollution and land use, and provide details about the launches that are not otherwise available. They have at times drawn big responses from the public.

When SpaceX sought to increase its Starship launches in Texas from five to 25 a year, residents and government agencies submitted thousands of comments. Most of the nearly 11,400 publicly posted comments opposed the increase, a ProPublica analysis found. The FAA approved the increase anyway earlier this year. After conducting an environmental assessment for the May launch of SpaceX’s Starship Flight 9 from Texas, the FAA released documents that revealed as many as 175 airline flights could be disrupted and Turks and Caicos’ Providenciales International Airport would need to close during the launch.

In addition to seeking to cut short environmental reviews, the executive order would open the door for the federal government to rescind sections of the federal rule that seeks to keep the public safe during launches and reentries.

The rule, referred to as Part 450, was approved during Trump’s first term and aimed to streamline commercial space regulations and speed approvals of launches. But the rule soon fell out of favor with launch companies, which said the FAA didn’t provide enough guidance on how to comply and was taking too long to review applications.

Musk helped lead the charge. Last September, he told attendees at a conference in Los Angeles, “It really should not be possible to build a giant rocket faster than paper can move from one desk to another.” He called for the resignation of the head of the FAA, who stepped down as Trump took office.

Other operators have expressed similar frustration, and some members of Congress have signaled support for an overhaul. In February, Rep. Brian Babin, R-Texas, and Rep. Zoe Lofgren, D-Calif., signed a letter asking the Government Accountability Office to review the process for approving commercial launches and reentries.

In their letter, Babin and Lofgren wrote they wanted to understand whether the rules are “effectively and efficiently accommodating United States commercial launch and reentry operations, especially as the cadence and technological diversity of such operations continues to increase.

The draft executive order directs the secretary of transportation to “reevaluate, amend, or rescind” sections of Part 450 to “enable a diversified set of operators to achieve an increase in commercial space launch cadence and novel space activities by an order of magnitude by 2030.”

The order also directs the Department of Commerce to streamline regulation of novel space activity, which experts say could include things like mining or making repairs in space, that doesn’t fall under other regulations.

Brandon Roberts and Pratheek Rebala contributed data analysis.

by Heather Vogell and Topher Sanders

Texas Lawmakers Largely Ignored Recommendations Aimed at Helping Rural Areas Like Kerr County Prepare for Flooding

2 months 3 weeks ago

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Sixteen months had passed since Hurricane Harvey tore through the Texas coast in August 2017, killing more than 80 people and flattening entire neighborhoods. And when Texas lawmakers gathered in Austin for their biennial session, the scale of the storm’s destruction was hard to ignore.

Legislators responded by greenlighting a yearslong statewide initiative to evaluate flood risks and improve preparedness for increasingly frequent and deadly storms. “If we get our planning right on the front end and prevent more damage on the front end, then we have less on the back end,” Charles Perry, a Republican senator from Lubbock who chairs a committee overseeing environmental issues, said at the time.

In the years that followed, hundreds of local officials and volunteers canvassed communities across Texas, mapping out vulnerabilities. The result of their work came in 2024 with the release of Texas’ first-ever state flood plan.

Their findings identified nearly $55 billion in proposed projects and outlined 15 key recommendations, including nine suggestions for legislation. Several were aimed at aiding rural communities like Kerr County, where flash flooding over the Fourth of July weekend killed more than 100 people. Three are still missing.

But this year, lawmakers largely ignored those recommendations.

Instead, the legislative session that ended June 2 was dominated by high-profile battles over school vouchers and lawmakers’ decision to spend $51 billion to maintain and provide new property tax cuts, an amount nearly equal to the funding identified by the Texas Water Development Board, a state agency that has historically overseen water supply and conservation efforts.

Although it had been only seven years since Hurricane Harvey, legislators now prioritized the state’s water and drought crisis over flooding needs.

Legislators allocated more than $1.6 billion in new revenue for water infrastructure projects, only some of which would go toward flood mitigation. They also passed a bill that will ask voters in November to decide whether to approve $1 billion annually over the next two decades that would prioritize water and wastewater over flood mitigation projects. At that pace, water experts said that it could take decades before existing mitigation needs are addressed — even without further floods.

Even if they had been approved by lawmakers this year, many of the plan’s recommendations would not have been implemented before the July 4 disaster. But a ProPublica and Texas Tribune analysis of legislative proposals, along with interviews with lawmakers and flood experts, found that the Legislature has repeatedly failed to enact key measures that would help communities prepare for frequent flooding.

Such inaction often hits rural and economically disadvantaged communities hardest because they lack the tax base to fund major flood prevention projects and often cannot afford to produce the data they need to qualify for state and federal grants, environmental experts and lawmakers said.

Over the years, legislators have declined to pass at least three bills that would create siren or alert systems, tools experts say can be especially helpful in rural communities that lack reliable internet and cell service. A 2019 state-commissioned report estimated flood prevention needs at over $30 billion. Since then, lawmakers have allocated just $1.4 billion. And they ignored the key recommendations from the state’s 2024 flood plan that are meant to help rural areas like Kerr County, which is dubbed “Flash Flood Alley” due to its geography.

U.S. Secretary of Homeland Security Kristi Noem, left, and U.S. Sen. John Cornyn, right, look on as Texas Gov. Greg Abbott signs an emergency proclamation during a press conference in Kerrville. (Ronaldo Bolaños/The Texas Tribune)

Spokespeople for Gov. Greg Abbott and House Speaker Dustin Burrows, R-Lubbock, did not answer questions about why the plan’s recommendations were overlooked but defended the Legislature’s investment in flood mitigation as significant. They pointed to millions more spent on other prevention efforts, including flood control dam construction and maintenance, regional flood projects, and increased floodplain disclosures and drainage requirements for border counties. Lt. Gov. Dan Patrick did not respond to questions.

This week, the Legislature will convene for a special session that Abbott called to address a range of priorities, including flood warning systems, natural disaster preparation and relief funding. Patrick promised that the state would purchase warning sirens for counties in flash flood zones. Similar efforts, however, have previously been rejected by the Legislature. Alongside Burrows, Patrick also announced the formation of committees on disaster preparedness and flooding and called the move “just the beginning of the Legislature looking at every aspect of this tragic event.” Burrows said the House is “ready to better fortify our state against future disasters.”

But Rep. Ana-María Rodríguez Ramos, a Democrat from Richardson, near Dallas, said state lawmakers have brushed off dire flood prevention needs for decades.

“The manual was there, and we ignored it, and we've continued to ignore these recommendations,” said Rodríguez Ramos, who has served on the House Natural Resources Committee overseeing water issues for three sessions. “It’s performative to say we’re trying to do something knowing well we’re not doing enough.”

One recommendation from the 2024 flood plan would have cost the state nothing to enact. It called for granting counties the authority to levy drainage fees, including in unincorporated areas, that could fund local flood projects. Only about 150 of 1,450 Texas cities and counties have dedicated drainage fees, according to a study cited in the state assessment.

Kerr, a conservative county of 53,000 people, has struggled to gain support for projects that would raise taxes. About a week after the flooding, some residents protested when county commissioners discussed a property tax increase to help cover the costs of recovery efforts.

The inability to raise such fees is one of the biggest impediments for local governments seeking to fund flood mitigation projects, said Robert R. Puente, a Democrat and former state representative who once chaired the state committee responsible for water issues. Lawmakers’ resistance to such efforts is rooted in fiscal conservatism, said Puente, who now heads the San Antonio Water System.

“It’s mostly because of a philosophy that the leadership in Austin has right now, that under no circumstances are we going to raise taxes, and under most circumstances we’re not even going to allow local governments to have control over how they raise taxes or implement fees,” he said.

Another one of the flood plan’s recommendations called for lawmakers to allocate money for a technical assistance program to help underresourced and rural governments better manage flood prone areas, which requires implementing a slew of standards to ensure safe development in those hazardous zones. Doing this work requires local officials to collect accurate mapping that shows the risk of flooding. Passing this measure could have helped counties like Kerr with that kind of data collection, which the plan recognized is especially challenging for rural and economically disadvantaged communities.

Insufficient information impacts Texas’s ability to fully understand flood risks statewide. The water board’s plan, for example, includes roughly 600 infrastructure projects across Texas in need of completion. But its report acknowledged that antiquated or missing data meant another 3,100 assessments would be required to know whether additional projects are needed.

In the Guadalupe River region, which includes Kerr County, 65% of areas lacked adequate flood mapping. Kerrville, the county seat, was listed among the areas identified as having the “greatest known flood risks and mitigation needs.” Yet of the 19 flood needs specific to the city and county, only three were included in the state plan’s list of 600. They included requests to install backup generators in critical facilities and repair low-water crossings, which are shallow points in streets where rainwater can pool to dangerous levels.

At least 16 other priorities, including the county’s desire for an early warning flood system and potential dam or drainage system repairs, required a follow-up evaluation, according to the state plan. County officials tried to obtain grants for the early warning systems for years, to no avail.

Trees uprooted by floodwaters lie across a field in Hunt in Kerr Country on July 5. (Brenda Bazán for The Texas Tribune)

Gonzales County, an agriculture-rich area of 20,000 people along the Guadalupe River, is among the rural communities struggling to obtain funding, said emergency management director Jimmy Harless, who is also the county’s fire marshal. The county is in desperate need of a siren system and additional gauges to measure the river’s potentially dangerous flood levels, Harless said, but doesn’t have the resources, personnel or expertise to apply for the “burdensome” state grant process.

“It is extremely frustrating for me to know that there’s money there and there’s people that care, but our state agency has become so bureaucratic that it’s just not feasible for us,” Harless said. “Our folks’ lives are more important than what some bureaucrat wants us to do.”

For years, Texas leaders have focused more on cleaning up after disasters than on preparing for them, said Jim Blackburn, a professor at Rice University specializing in environmental law and flooding issues.

“It’s no secret that the Guadalupe is prone to flash flooding. That’s been known for decades,” Blackburn said. “The state has been very negligent about kind of preparing us for, frankly, the worst storms of the future that we are seeing today because of climate change, and what’s changing is that the risks are just greater today and will be even greater tomorrow, because our storms are getting worse and worse.”

At a news conference this month, Abbott said state committees would investigate “ways to address this,” though he declined to offer specifics. When pressed by a reporter about where the blame for the lack of preparedness should fall, Abbott responded that it was “the word choice of losers.”

It shouldn’t have taken the Hill Country flooding for a special session addressing emergency systems and funding needs, said Usman Mahmood, a policy analyst at Bayou City Waterkeeper, a Houston nonprofit that advocates for flood protection measures.

“The worst part pretty much already happened, which is the flooding and the loss of life,” he said. “Now it’s a reaction to that.”

Misty Harris contributed research.

by Lexi Churchill and Lomi Kriel, ProPublica and The Texas Tribune

Microsoft Says It Has Stopped Using China-Based Engineers to Support Defense Department Computer Systems

2 months 4 weeks ago

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Microsoft says it has stopped using China-based engineers to support Defense Department cloud computing systems after ProPublica revealed the practice in an investigation this week.

“In response to concerns raised earlier this week about US-supervised foreign engineers, Microsoft has made changes to our support for US Government customers to assure that no China-based engineering teams are providing technical assistance for DoD Government cloud and related services,” the company’s chief communications officer, Frank Shaw, announced on X Friday afternoon.

Microsoft’s announcement came hours after Defense Secretary Pete Hegseth said his agency would look into Microsoft’s use of foreign-based engineers to help maintain the highly sensitive cloud systems.

“Foreign engineers — from any country, including of course China — should NEVER be allowed to maintain or access DoD systems,” Hegseth wrote in a post on X Friday.

In its investigation, ProPublica detailed how Microsoft uses engineers in China to help maintain the Defense Department’s computer systems — with minimal supervision by U.S. personnel — leaving some of the nation’s most sensitive data vulnerable to hacking or spying from its leading cyber adversary. The arrangement, which was critical to Microsoft winning the federal government’s cloud computing business a decade ago, relies on U.S. citizens with security clearances to oversee the work and serve as a barrier against espionage and sabotage.

But these workers, known as “digital escorts,” often lack the technical expertise to police the work of foreign engineers with far more advanced skills, ProPublica found.

Earlier Friday, Republican Sen. Tom Cotton of Arkansas, chair of the Select Committee on Intelligence, cited ProPublica in a letter to Hegseth asking for details about which DOD contractors use Chinese personnel to maintain the department’s information and computing systems.

China poses “one of the most aggressive and dangerous threats to the United States, as evidenced by its infiltrations of our critical infrastructure, telecommunications networks and supply chains,” Cotton wrote in the letter, which he posted on X. “DOD must guard against all potential threats within its supply chain, including those from subcontractors.”

Since 2011, cloud computing companies like Microsoft that wanted to sell their services to the U.S. government had to establish how they would ensure that personnel working with federal data would have the requisite “access authorizations” and background screenings. Additionally, the Defense Department requires that people handling sensitive data be U.S. citizens or permanent residents.

This presented an issue for Microsoft, which relies on a vast global workforce with significant operations in India, China and the European Union.

So the tech giant enlisted staffing companies to hire U.S.-based digital escorts, who had security clearances that authorized them to access sensitive information, to take direction from the overseas experts. An engineer might briefly describe the job to be completed — for instance, updating a firewall, installing an update to fix a bug or reviewing logs to troubleshoot a problem. Then, with little review, an escort would copy and paste the engineer’s commands into the federal cloud.

“We’re trusting that what they’re doing isn’t malicious, but we really can’t tell,” one escort told ProPublica.

In an earlier statement in response to ProPublica’s investigation, Microsoft said that its personnel and contractors operate in a manner “consistent with US Government requirements and processes.”

The company’s global workers “have no direct access to customer data or customer systems,” the statement said. Escorts “with the appropriate clearances and training provide direct support. These personnel are provided specific training on protecting sensitive data, preventing harm, and use of the specific commands/controls within the environment.”

In addition, Microsoft said it has an internal review process known as “Lockbox” to “make sure the request is deemed safe or has any cause for concern.”

Insight Global — a contractor that provides digital escorts to Microsoft — said it “evaluates the technical capabilities of each resource throughout the interview process to ensure they possess the technical skills required” for the job and provides training.

Doris Burke contributed research.

by Renee Dudley

Trump Administration Prepares to Drop Seven Major Housing Discrimination Cases

2 months 4 weeks ago

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The U.S. Department of Housing and Urban Development is preparing to shut down seven major investigations and cases concerning alleged housing discrimination and segregation, including some where the agency already found civil rights violations, according to HUD records obtained by ProPublica.

The high-profile cases involve allegations that state and local governments across the South and Midwest illegally discriminated against people of color by placing industrial plants or low-income housing in their neighborhoods, and by steering similar facilities away from white neighborhoods, among other allegations. HUD has been pursuing these cases — which range from instances where the agency has issued a formal charge of discrimination to newer investigations — for as many as seven years. In three of them, HUD officials had determined that the defendants had violated the Fair Housing Act or related civil rights laws. A HUD staffer familiar with the other four investigations believes civil rights violations occurred in each, the official told ProPublica. Under President Donald Trump, the agency now plans to abruptly end all of them, regardless of prior findings of wrongdoing.

Four HUD officials said they could recall no precedent for the plan, which they said signals an acceleration of the administration’s retreat from fair housing enforcement. “No administration previously has so aggressively rolled back the basic protections that help people who are being harmed in their community,” one of the officials said. “The civil rights protections that HUD enforces are intended to protect the most vulnerable people in society.”

In the short term, closing the cases would allow the local governments in question to continue allegedly mistreating minority communities, said the officials, who spoke on the condition of anonymity out of fear of retaliation. In the long term, they said, it could embolden local politicians and developers elsewhere to take actions that entrench segregation, without fear of punishment from the federal government.

HUD spokesperson Kasey Lovett declined to answer questions, saying “HUD does not comment on active Fair Housing matters or individual personnel.”

Three of the cases involve accusations that local governments clustered polluting industrial facilities in minority neighborhoods.

One concerned a protracted dispute over a scrap metal shredding plant in Chicago. The facility had operated for years in the largely white neighborhood of Lincoln Park. But residents complained ceaselessly of the fumes, debris, noise and, occasionally, smoke emanating from the plant. So the city allegedly pressured the recycling company to close the old facility and open a new one in a minority neighborhood in southeast Chicago. In 2022, HUD found that “relocating the Facility to the Southeast Site will bring environmental benefits to a neighborhood that is 80% White and environmental harms to a neighborhood that is 83% Black and Hispanic.” Chicago’s mayor called allegations of discrimination “preposterous,” then settled the case and agreed to reforms in 2023. (The new plant has not opened; its owner has sued the city.)

In another case, a predominantly white Michigan township allowed an asphalt plant to open on its outskirts, away from its population centers but near subsidized housing complexes in the neighboring poor, mostly Black city of Flint. The township did not respond to a ProPublica inquiry about the case.

Still another case involved a plan pushed by the city of Corpus Christi, Texas, to build a water desalination plant in a historically Black neighborhood already fringed by oil refineries and other industrial facilities. (Rates of cancer and birth defects in the area are disproportionately high, and average life expectancy is 15 years lower than elsewhere in the city, researchers found.) The city denied the allegations. Construction of the plant is expected to conclude in 2028.

Three other cases involve allegations of discrimination in municipal land use decisions. In Memphis, Tennessee, the city and its utility allegedly coerced residents of a poor Black neighborhood to sell their homes so that it could build a new facility there. In Cincinnati, the city has allegedly concentrated low-income housing in poor Black neighborhoods and kept it out of white neighborhoods. And in Chicago, the city has given local politicians veto power over development proposals in their districts, resulting in little new affordable housing in white neighborhoods. (Memphis, its utility and Chicago have disputed the allegations; Cincinnati declined to comment on them.)

The last case involved a Texas state agency allegedly diverting $1 billion in disaster mitigation money away from Houston and other communities of color hit hard by Hurricane Harvey in 2017 and toward more rural, white communities less damaged by the storm. The agency has disputed the allegations.

All of the investigations and cases are now slated to be closed. HUD is also planning to stop enforcing the settlement it reached in the Chicago recycling case, the records show.

The move to drop the cases is being directed by Brian Hawkins, a recent Trump administration hire at HUD who serves as a senior adviser in the Fair Housing Office, two agency officials said. Hawkins has no law degree or prior experience in housing, according to his LinkedIn profile. But this month, he circulated a list within HUD of the seven cases that indicated the agency’s plans for them. In the cases that involve Cincinnati, Corpus Christi, Flint and Houston, the agency would “find no cause on [the] merits,” the list reads. In the two Chicago cases and the one involving Memphis, HUD would rescind letters documenting the agency’s prior findings. Hawkins did not respond to a request for comment.

The list does not offer a legal justification for dropping the cases. But Hawkins also circulated a memo that indicates the reasoning behind dropping one — the Chicago recycling case. The memo cites an executive order issued by Trump in April eliminating federal enforcement of “disparate-impact liability,” the doctrine that seemingly neutral policies or practices could have a discriminatory effect. Hawkins’ memo stated that “the Department will not interpret environmental impacts as violations of fair housing law absent a showing of intentional discrimination.” Four HUD officials said such a position would be a stark departure from prior department policy and relevant case law.

The reversal on the Chicago recycling case also follows behind-the-scenes pressure on HUD from Sen. Jim Banks. In June, Banks, a Republican from Indiana, wrote a letter to HUD Secretary Scott Turner and U.S. Environmental Protection Agency Administrator Lee Zeldin in which he criticized the administration of President Joe Biden’s handling of the case as “brazen overreach.” Noting that the Chicago plant would supply metal to Indiana steel mills, Banks asked the Trump appointees to “take any actions you deem necessary to remedy the situation.” Banks did not respond to a request for comment.

That case and others among the seven had also received scrutiny from other federal and state agencies, including the EPA and the U.S. Department of Justice. The EPA declined to say whether it was still pursuing any of the cases. The DOJ did not respond to the same inquiry.

The case closures at HUD would be the latest stage in a broad rollback of fair housing enforcement under the Trump administration, which ProPublica reported on previously. That rollback has continued in other ways as well. The agency recently initiated a plan to transfer more than half of its fair housing attorneys in the office of general counsel into unrelated roles, compounding prior staff losses since the beginning of the year, four HUD officials told ProPublica.

The officials fear long-lasting ramifications from the changes. “Fair housing laws shape our cities, shape where housing gets built, where pollution occurs, where disaster money goes,” one official said. “Without them, we have a different country.”

by Jesse Coburn

He Came to the U.S. to Support His Sick Child. He Was Detained. Then He Disappeared.

2 months 4 weeks ago

Leer en español.

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published. This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans, and Alianza Rebelde Investiga and Cazadores de Fake News.

On Feb. 15, José Manuel Ramos Bastidas called his wife from inside a Texas immigration detention facility.

He asked her to record a message so there would be some lasting evidence of his story.

“They detained me simply because of my tattoos. I am not a criminal.”

The Trump administration had sent dozens of Venezuelan immigrants to Guantanamo. He was afraid the same would happen to him.

“Just in case something happens to me, so you can be aware.”

Uncertain about his fate, Ramos wanted to make sure there was a record of what happened to him.

A month later, he was gone.

Ramos never set foot in the U.S. — at least not as a free man. He left Venezuela in January 2024, hoping to earn enough money to pay for his newborn son’s medical needs. Born with a respiratory condition, the family’s “milagrito,” or “little miracle,” had severe asthma and repeatedly needed to be hospitalized. The cost of treatment had become impossible to manage on the meager wages Ramos made washing cars in Venezuela’s collapsed economy, so he trekked thousands of miles through a half dozen countries to reach the U.S. border.

When Ramos arrived, he didn’t sneak into the country. He followed the rules established by the Biden administration for immigrants seeking asylum. He signed up for an appointment through a government app and, when he was granted one, turned himself in to request protection. An immigration official and a judge determined he didn’t qualify, and Ramos didn’t fight the decision.

The government kept him in detention until he could be deported back to Venezuela.

In the months that followed, Donald Trump was elected president for a second term and began his mass deportation campaign. Among his first actions was to fly groups of Venezuelan immigrants whom he had labeled dangerous gang members to a U.S. military base at Guantanamo Bay, Cuba.

Ramos, 30, panicked and called his wife to say he was worried that the same was going to happen to him. On a video call his wife recorded, he held up a document he said was proof that immigration authorities had agreed to deport him to Venezuela. But he worried that they would not honor that promise.

“I have a family,” he said, staring directly into the camera. “I am simply a hard-working Venezuelan. I haven’t committed any crimes. I don’t have a criminal record in my country nor anywhere else.”

A month later, a more upbeat Ramos called again. He seemed confident that U.S. officials would send him home. Ramos’ family started preparing for his return. They planned to bake him a cake, cook his favorite chicken dish and go to church together to thank God for bringing him home safely.

They never heard from him again.

First image: Bastidas rests with Ramos’ son and her grandson, Jared, at their home in Venezuela. Second image: Rodríguez holds her phone, showing a photo of her husband. (Adriana Loureiro Fernández for ProPublica and The Texas Tribune)

On March 15, a day after that call, Ramos and more than 230 other Venezuelan men were sent to the CECOT maximum-security prison in El Salvador, one of the most notorious in the Western Hemisphere. Without publicly providing evidence, the administration accused each of them of being members of Tren de Aragua, the Venezuelan prison gang it designated a terrorist organization.

In the months since the mass deportation — one of the most consequential in recent history — the Trump administration has released almost no details about the backgrounds of the people it deported, calling them “monsters,” “sick criminals” and the “worst of the worst.” Several news organizations have reported that most of the men did not have criminal records. ProPublica, The Texas Tribune and a team of Venezuelan journalists from Alianza Rebelde Investiga (Rebel Alliance Investigates) and Cazadores de Fake News (Fake News Hunters) went further, finding that the government’s own records showed that it knew the vast majority of the men had not been convicted of violent crimes in the U.S. We also searched records in South America and found that only a few had committed violent crimes abroad.

Now, a case-by-case examination of each of the deportees, along with interviews with their lawyers and family members, reveals another jarring reality: Most of the men were not hiding from federal authorities but were instead moving through the nation’s immigration system. They were either in the middle of their cases, which normally should have protected them from deportation, or they had already been ordered deported and should have first been given the option to be sent back to a country they chose.

Like Ramos, more than 50 of the men had used the government app called CBP One to make an appointment with border officials to try to enter the country. Others had crossed illegally and then surrendered to border agents, often the first step in seeking asylum in immigration court.

According to our analysis, almost half of the men were deported even though their cases hadn’t been decided yet. More than 60 of them had pending asylum claims, including several who were only days away from a hearing where a judge could have ruled on whether they would be allowed to stay. Judges or federal officials had issued deportation orders for about 100 of the men, and a handful had even agreed to pay their own way home. Others, like Ramos, had spent their entire time in the U.S. in detention. They had no opportunity to commit crimes in the U.S.

Meanwhile, many of those who were allowed into the country had been appearing at their court hearings and immigration check-ins. At least nine had been granted temporary protected status, which gives people from countries affected by disasters or other extraordinary conditions permission to live and work in the U.S.

By and large, these were men who had been playing by the rules of the country’s immigration system.

Then, the Trump administration changed the rules.

Rodríguez reviews the video she recorded of her husband before he was sent to CECOT, a maximum-security prison in El Salvador. (Alejandro Bonilla Suárez for ProPublica)

A day before the administration deported the men to El Salvador, Trump invoked an obscure 18th-century law called the Alien Enemies Act and declared that Tren de Aragua was invading the country. Administration officials argued that the declaration authorized them to take extraordinary measures to remove anyone it had determined was a member of the gang and to make sure they would not threaten the U.S. again.

Following the March 15 deportations, the Trump administration moved to shut down their pending immigration cases. Since then, more than 95 cases have been dismissed, terminated or otherwise closed by judges, according to our analysis. They disappear from the dockets, some marked as dismissed just hours before a scheduled hearing.

Michelle Brané, who served as a senior Department of Homeland Security official in the Biden administration, said it was “very un-American” to deport people who followed the immigration rules at the time. “You can’t retroactively say that those people were acting illegally and now punish them for that,” she added.

Lawyers for the Venezuelan men have filed several lawsuits against the administration, calling the summary removals from the country a gross violation of their clients’ rights. U.S. District Judge James Boasberg ruled in June that the move deprived the men of their constitutional rights and called their plight Kafkaesque. He wrote that the men “never had any opportunity to challenge the Government’s say-so,” and that they “languish in a foreign prison on flimsy, even frivolous, accusations.”

The government has appealed the ruling.

Meanwhile, Ramos’ mother, Crisálida del Carmen Bastidas de Ramos, waits anxiously for any news about her oldest child. “What is my son thinking? Is my son eating well? Is my son sleeping? Is he cold?”

“Is he alive?”

Rodríguez plays with her son at their home in Venezuela. (Adriana Loureiro Fernández for ProPublica and The Texas Tribune)

Although the Trump administration routinely describes the men as criminals and terrorists, it has not provided evidence to support the claim. Tricia McLaughlin, an assistant secretary at DHS, defended sending them to the Salvadoran prison. “They may not have criminal records in the U.S., beyond breaking our laws to enter the country illegally,” she said in a statement, “but many of these illegal aliens are far from innocent.”

For example, she said one of the TPS holders sent to El Salvador admitted he had previously been convicted of murder. We obtained Venezuelan court records confirming that the man had been convicted of murder and was sentenced to 15 years in prison. McLaughlin said his case proved that immigrants had been granted status in the U.S. under Biden without being thoroughly vetted. Three former DHS officials from the Biden administration said the vetting process has remained standard across administrations, including during the first Trump term, and that many governments do not share criminal background histories with U.S. officials.

Trump has moved to strip TPS protections from hundreds of thousands of people.

Ramos, McLaughlin said, was a terrorist who was flagged as a Tren de Aragua member in a law enforcement database at his CBP One appointment. His family denies he has anything to do with the gang. His lawyers said in court records that U.S. authorities wrongly identified him as a gang member based on his tattoos and an “unsubstantiated” report from Panamanian officials. A spokesperson for the Panamanian security ministry said he could not locate any documents about Ramos.

At least 163 men who were deported had tattoos, we found. Law enforcement officials in the U.S., Colombia, Chile and Venezuela with expertise in the Tren de Aragua told us that tattoos are not an indicator of gang membership.

Albert Jesús Rodríguez Parra had applied for asylum and worked at Chicago’s Wrigley Field before he was detained in November. He was deported to El Salvador in March, where he remains imprisoned. (Courtesy of the Cook County public defender’s office in Chicago)

Days before Albert Jesús Rodríguez Parra was whisked away, he appeared in immigration court and tried to convince a judge that his tattoos did not mean he was part of the gang.

He had come to the U.S. with a brother in 2023, applied for asylum and settled in Chicago. He told his mother that it was difficult to find work, but that he’d gotten an electric razor, learned to cut hair and offered trims on the street. In January 2024, he was arrested at a Walmart in the Chicago suburbs for shoplifting about $1,000 worth of food, laundry detergent, shampoo and other items. He pleaded guilty to a misdemeanor, served a two-day jail sentence and tried to move on.

Rodríguez Parra, 28, got a job working in concessions at Wrigley Field, moved in with his girlfriend and sent money home to his mother to buy a refrigerator and a stove. Then, in November, Immigration and Customs Enforcement agents picked him up at his apartment. McLaughlin said he was in the country illegally and was a Tren de Aragua member. Rodríguez Parra continued his asylum case from immigration detention in Indiana.

He told his family he believed he would be released soon. But in early March, he was transferred to a jail in Missouri, then to one in Central Texas, then another in Laredo, in South Texas, each move bringing him closer to the border. Uncertainty began creeping into his calls home.

Despite the transfers, Rodríguez Parra’s attorney, Cruz Rodriguez, who works for a small immigration unit at the Cook County public defender’s office in Chicago, said he was confident in the merits of the asylum case. He felt optimistic when he logged into his client’s virtual bond hearing before Judge Eva Saltzman on March 10.

At the hearing, a government attorney asked Rodríguez Parra about a TikTok video he’d made of himself dancing to a popular audio clip of someone shouting, “Te va agarrar el Tren de Aragua,” which means, “The Tren de Aragua is going to get you.” Close to 60,000 users on TikTok have shared the clip.

Rodríguez Parra scoffed at the notion that a real gang member would make such a video. “It would be like they were outing themselves,” he said in Spanish. The audio clip has been used by Venezuelans to ridicule the widespread suggestion that everyone from the country is a gangster.

Do You Have Information About the CECOT Deportations? Help ProPublica Report.

The government attorney also asked Rodríguez Parra about the tattoos that covered his neck, arms and chest — a rose, a wolf, carnival masks and an angel holding a gun. “In my country, it’s very normal to have tattoos,” he responded. “Each one represents a story about my life.”

He was also questioned about a suspected Tren de Aragua gang member who had crossed the border at the same time as him. Rodríguez Parra said he did not know the man.

At the end of the hearing, he pleaded with the judge to free him on bond. “I’m a good person,” he told her. “If I was in a gang, I wouldn’t have applied for asylum. I came fleeing my country.”

Saltzman denied Rodríguez Parra’s request, citing his shoplifting conviction. But she offered him a sliver of hope, reminding him that his final hearing was just 10 days away. If she granted him asylum, he’d be released and could continue his life in the U.S.

“You’re not facing a particularly lengthy detention without a bond,” she told him.

Five days later, he was gone. At what was supposed to be his final asylum hearing on March 20, Rodríguez Parra’s lawyer sounded despondent. He had barely slept. He didn’t know where the authorities had taken his client, but he’d seen a video posted online of shackled men being frog-marched into CECOT. The attorney had visited El Salvador and was aware of that country’s reputation for mistreating prisoners. He feared his client would face a similar fate.

He felt powerless. At the hearing, he turned to the government lawyer on the call. “For his family’s sake,” he told her, “would you happen to know what country he was sent to?”

The government’s lawyer had little to say.

“I’m operating under the same information as you,” she responded. “I have no further information to provide.”

Update, July 18, 2025: More than 230 men the Trump administration sent to a prison in El Salvador were returned to Venezuela on Friday in a prisoner swap. Salvadoran President Nayib Bukele posted on X that he had handed over all of the men. In exchange, he said, a “considerable number of Venezuelan political prisoners” and Americans held by Venezuela were freed. The Trump administration had accused the men of being members of a Venezuelan gang, Tren de Aragua. U.S. Secretary of State Marco Rubio also confirmed the exchange.

Design and development by Anna Donlan and Allen Tan of ProPublica. Agnel Philip of ProPublica contributed data reporting. Gabriel Sandoval of ProPublica contributed research. Adriana Núnez and Carlos Centeno contributed reporting.

by Melissa Sanchez, ProPublica; Perla Trevizo, ProPublica and The Texas Tribune; Mica Rosenberg and Jeff Ernsthausen, ProPublica; Ronna Rísquez, Alianza Rebelde Investiga; and Adrián González, Cazadores de Fake News

The Most Interesting Email I Ever Received: Remembering the Incredible Life of DIY Geneticist Jill Viles

2 months 4 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.

This article was adapted from David Epstein’s Substack newsletter, “Range Widely,” and references the story “The DIY Scientist, the Olympian, and the Mutated Gene” that he wrote for ProPublica in 2016. That story also became an episode of “This American Life.”

Jill Dopf Viles — self-taught genetic detective, the central figure in the most interesting story I’ve ever reported and my friend — passed away last month in Gowrie, Iowa, at 50.

I’m heartbroken that Jill did not live to see the publication of her book — “Manufacturing My Miracle: One Woman’s Quest to Create Her Personalized Gene Therapy — which came out last week. I know how much she treasured the fact that she would soon be able to call herself “author.”

Here is a paragraph from her book:

“Every gain I’d made in learning more about my genetic disease had involved some type of deception — to do my family’s underground blood draw in 1996 required that phlebotomy supplies be lifted from a hospital and a nurse secretly visit our home; gaining journalist David Epstein’s interest began with a wild exaggeration in my email subject line: ‘Woman with muscular dystrophy, Olympic Medalist—same mutation’; and I’d adopted the lexicon of a research scientist to gain a client rate for Priscilla’s genetic testing (the cost for clients was half what was charged to individual patients).”

If I was deceived, I’m grateful for it. In that paragraph, Jill is describing just a bit of the effort that went into figuring out that she had a rare form of muscular dystrophy called Emery-Dreifuss, which causes muscle wasting, and also an even rarer form of partial lipodystrophy, which causes fat to vanish from certain parts of the body. Jill had been told for years that she didn’t have either of these, never mind both.

After my first book, “The Sports Gene,” came out in 2013, I was on “Good Morning America” talking about genetics, and Jill happened to be within earshot of her TV. “I thought, oh, this is divine providence,” Jill later told me. So she sent me that email with the provocative subject line. She followed up by sending me a batch of family photos and a bound packet outlining her theory: that she and Canadian sprinter Priscilla Lopes-Schliep — bronze medalist in the 100-meter hurdles at the 2008 Olympics — shared a genetic mutation.

On the face of it, this seemed ridiculous. One could hardly find a picture of two more different women. Take a look at this page from the packet Jill sent me:

The packet outlined in granular detail why Jill thought, just from looking at pictures of Priscilla, that the two women shared a genetic mutation that caused the same fat wasting, but because Priscilla didn’t also have muscle wasting — quite the contrary — her body had found some way to “go around” muscular dystrophy.

If Jill was right, she thought, perhaps scientists could study both of them and figure out how to help people with muscles like Jill’s develop muscles a little closer to Priscilla’s end of the human physique spectrum. Jill was sharing all this with me because she wasn’t sure how best to contact Priscilla and hoped I would facilitate an introduction.

Jill’s hypothesis struck me as unlikely, to say the least. But her presentation in the packet was so interesting, and her knowledge of the underlying genetics and physiology so thorough, that I felt her idea deserved a hearing. I reached out to Priscilla; she agreed to meet Jill, and after comparing body parts in a hotel lobby, Jill convinced her to get a genetic test. Long story short, Jill turned out to be right. She and Priscilla had a mutation in the same gene, albeit at neighboring locations.

The discovery led Priscilla to get urgent care for a serious health condition that had previously been overlooked because of her obvious fitness. Jill and I shared this story in an episode of “This American Life” in 2016 — which was rerun last week in her honor.

After that story ran, Jill’s genome became the subject of research, exactly as she’d hoped. Today, in a lab in Iowa, there are fruit flies known as “Jill” flies, because they have been engineered to carry her same mutation. As expected, Jill flies have severely limited mobility. But just recently, a scientist conducted a genetic experiment in which she increased the production of a particular protein in the Jill flies. Suddenly, they began to move like normal fruit flies.

The breadth of life contained in Jill’s new book is incredible.

She was a child the first time she heard a doctor discussing her own death with her mother. The indignities of adolescence and young adulthood that she endured were legion, starting with spontaneous falls in school, followed by kids looping their fingers around her arms and legs and asking if her mother fed her.

Jill’s condition accelerated with puberty, so the bodily changes that are confusing for any teenager were absolutely harrowing for her. Almost overnight she lost the ability to do things she loved, like skate or ride a bike.

At one point in her early teen years, a doctor ordered pictures of Jill’s posture, which forced her into a strange and humiliating photo session that hadn’t been properly explained beforehand:

“I had seen these photos before — a stark, frozen moment of a patient’s greatest vulnerability, the body positioned in a way nature and the photographer dictate, all except for the eyes. The eyes cannot be manipulated or coaxed. It is often said that the eyes are the windows to the soul. Maybe that is why black bars are printed over the eyes of the patient. Perhaps this is done to protect the patient’s anonymity, but I wonder if it isn’t really done to shield the peering eyes of the medical community from the humanity before them.”

In college, when Jill rushed a sorority, she couldn’t keep up with fellow pledges as they walked across campus. When a man who had been following the group saw Jill lag behind, he crept up and exposed himself to her. “I had been targeted because I was weak,” Jill writes. “I had assumed the plight of the injured gazelle, the one separated from the herd with a lame leg. … Any normal eighteen-year-old would bolt for safety, but I remained glued in place, the shame of my predicament filling every cell of my being. I was trapped alongside a simple street curb, something I couldn’t climb, no matter my desperate need to get away.”

But even more powerful in “Manufacturing My Miracle” than the candid humiliations are the scenes of family, love and hope.

Jill’s wry humor comes through when she writes about dating. At one point she used a Match.com profile to come up with the estimate that at least 1% of men are open to dating a woman with a disability. In typical Jill fashion, rather than lamenting the other 99%, she was thrilled that this meant that if she got her profile in front of enough men, she could have a new date every week of the year.

Jill eventually met Jeremy, the man she would marry. She writes about aspects of their relationship with such tenderness that I frequently paused after a passage just to sit and think about her words for a few moments. “I recalled our first weeks of dating when Jeremy made a heartfelt observation,” Jill writes. “Previously, as a single man, he often went an entire weekend without saying even one word aloud. It was such a contrast to the way I lived my life. I was known to strike up a conversation with the caller of a misdialed number, banter with strangers in a bookstore, or chat freely with the checkout clerk at the grocery store.”

In their second month of dating, Jill and Jeremy attended the gigantic Iowa State Fair. Here’s how Jill remembered it:

“I lived ten years in a single night, clutching carnival booty tightly to my chest as Jeremy walked up and down the rows of carnival games, taking entirely too long to decide which to go for. ‘What’s taking you so long?’ I asked.

‘I’m trying to find one you can play,’ he said.

My eyes filled with tears.”

After our “This American Life” segment came out in 2016, Jill became a bit of a celebrity among people struggling to figure out their own mysterious illnesses.

She developed into a sort of clearinghouse for people with undiagnosed muscle conditions seeking help. She kept in constant touch with a man in rural Pakistan who sent her a video of his struggle to rise from his knees following daily prayers at a local mosque. She navigated immense cultural and logistical barriers to help him get a genetic test. “She was a worldwide person,” her mother, Mary, told me recently, “just out of her little office in Gowrie, Iowa.”

Jill became so fluent in genetics that she was perceived as a scientist when she called labs, lab supply companies or pharmaceutical companies. Toward the end of her life, that fluency allowed her to obtain an experimental gene therapy that isn’t actually available for nonresearch purposes. She knew the drug was both promising and potentially deadly, and with a loving husband and college student son in mind, she was hesitant. “I no longer had a fear of death,” Jill writes in her book, “but this did not imply that I wanted to die. My wish was the opposite, but without a life partner and a child, I wouldn’t need to consider anyone’s viewpoint but my own.”

As always, she did consider others, and at the time of her death she had not gone through with this final experiment.

In April, Jill and Jeremy drove to Chicago to attend a wedding. Mary shared photos with me, and it’s the same Jill I began talking to in 2013: dressed impeccably, every strand of blond hair in its right place. She took great care and pride in her appearance. Looking at the pictures, it is extremely hard to imagine that Jill was less than two months away from dying.

Her brother Aaron, afflicted with the same condition, had passed away in 2019. Four of the five siblings inherited the mutation, though the disease severity differed — likely moderated by other parts of the genome. In “Manufacturing My Miracle,” Jill writes of the difficult decision regarding whether or not to have a child, given the 50-50 chance of passing down her mutation. Her son, Martin, did not inherit the mutation.

Shortly before the “This American Life” episode ran, Jill got nervous and wondered if we should hit pause on it. She worried that listeners would only focus on her decision to have a child and criticize her for being selfish. We talked for hours about the potential outcomes. Jill and I had been in touch for three years by that time, and we were going to stick together as friends no matter what criticism came. She decided we should forge ahead. Fortunately, the response was the most overwhelmingly positive of any story I’ve ever been involved with.

Jill and I met up in Chicago after that so I could watch her give an invited lecture. We kept in touch over the years. Sometimes we went months without talking before a burst of calls back and forth.

By this spring, it had been an unusually long while since we last talked. We emailed, but no phone calls. Mary told me that Jill had recently bought a new dress that she planned to wear when giving talks about her book. At a visitation before the funeral, she’ll be wearing her book dress.

Mary added that, a few weeks before Jill passed, she caught pneumonia and never recovered. Mary told me her voice was weak. “I kept telling her to call you,” Mary said. “But she kept saying: ‘I want my voice to be stronger. I want my voice to be stronger before I call David.’”

I’m crestfallen that I didn’t hear from her again, but I think her voice was plenty strong.

by David Epstein

The USDA Wouldn’t Let Her Give Up Her House When She Couldn’t Pay Her Mortgage. Instead, It Crushed Her With Debt.

2 months 4 weeks ago

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

Off a two-lane stretch of U.S. Route 1 in rural Caribou, Maine, sits a white ranch-style house that’s been consumed by weeds and vines.

The house was once the fulfillment of a dream. The owner had purchased it in 2006 through a federal mortgage program designed specifically for people like her: impoverished, first-time homeowners who live in the most rural parts of the United States. The loan, which came directly from the U.S. Department of Agriculture, required no down payment.

But things started going wrong from the day she moved in. First, the basement flooded. Then the furnace stopped working. As major repair costs accumulated over the next six years, the woman’s health deteriorated until she was forced to leave her job as a manager at Kmart. Her disability check was not enough to cover medical expenses and the upkeep required for the house — let alone the $855 monthly mortgage.

So in 2012 she drove to a USDA office 20 miles away and tried to give the house back. She said staff there would not accept her keys, telling her instead to call a toll-free number for help, as agency protocol requires. She left a message and did not hear back. She stopped paying her mortgage and moved out.

Her dream home sat abandoned for more than a decade.

USDA guidance says the agency should act quickly when borrowers fall behind on payments “to minimize any potential loss to the Government and to the borrower.” A prompt sale keeps the government from having to pay the legal and administrative costs associated with foreclosure down the road and may protect the borrower from incurring a major blemish on their credit history.

But that did not happen. Rather, 13 years passed before a sheriff’s deputy knocked on the door of the woman’s public housing apartment in May and served her with foreclosure papers on the now dilapidated ranch home that’s been overtaken by squatters. The government’s delay hurt the value of its investment and left the woman with a bill far greater than the cost of the loan she initially took out — with additional interest and other fees that had accumulated over those years.

The woman, now 68, declined to be interviewed, but her attorney, Tom Cox, said she allowed him to share her experience on the condition that she not be named to protect her privacy.

Since March, the USDA has filed 56 foreclosures in the federal court system against properties purchased with a rural development mortgage, also known as a Section 502 direct loan. All but one were in Maine. The borrowers have been in default for an average of nearly nine years.

As in the case of the Caribou homeowner, the USDA’s delays in those cases have resulted in borrowers racking up more debt because of the interest and fees that piled up in the intervening years, according to a Bangor Daily News and ProPublica examination of the foreclosure cases and interviews with former USDA officials and legal experts.

On average, borrowers in the 55 Maine cases owe $110,000 more than they would have had the agency moved to take possession of the properties when they first defaulted, the Bangor Daily News and ProPublica found. This includes what the USDA calls “preservation and inspection” fees, a broad category on the foreclosure filings that can include home repairs and yard maintenance, among other things.

Borrowers who can’t pay risk having the government garnish their wages or federal benefits such as Social Security. The Caribou woman had her disability checks garnished six times since 2015 to offset her debt before the USDA even foreclosed on her property, according to her lawyer. The best way to keep the government from garnishing federal benefits is to file for bankruptcy, attorneys said.

“It really undermines the concept of giving access to homeownership to a population who might not otherwise have been able to afford it,” said Rhiannon Hampson, former USDA rural development director for Maine who stepped down in January before President Donald Trump was inaugurated. “The irony, with all of these fees piled on, is that they can’t afford to get out of it.”

The recent wave of foreclosure filings in Maine underscores the government’s failure to monitor a mortgage program that since its founding in 1949 has poured tens of billions of tax dollars into giving the poorest Americans a shot at homeownership.

The USDA does not publicly report how often it files foreclosures. U.S. Rep. Chellie Pingree, a Maine Democrat and member of a House appropriations subcommittee overseeing the USDA’s direct loan program, has proposed language in the House agriculture appropriations report for the 2026 fiscal year calling on the agency to regularly report the number of foreclosures and abandoned properties related to the direct loan program. The bill awaits a vote before the full House of Representatives.

The USDA regularly filed foreclosures in Maine prior to the coronavirus pandemic but has rarely done so in recent years, according to Richard H. Broderick Jr., a Maine attorney with whom the agency had contracted to file foreclosures until 2022. Kevin Crosman, the Maine attorney now filing foreclosures on behalf of the USDA, would not comment on why the agency started doing so again.

Reporters visited 12 of the 55 homes in the Bangor Daily News’ core coverage area in May. At least five appeared to be abandoned and in disrepair — with windows boarded up or a sign affixed to the door saying it was being cared for by a New York company — raising doubts that the government will recoup its investments.

The USDA is supposed to take custody of properties purchased with a Section 502 direct loan and begin the foreclosure process when the homeowner becomes incapacitated, dies or has abandoned it, according to the agency’s handbook. Otherwise the properties may languish and lose value.

It really undermines the concept of giving access to homeownership to a population who might not otherwise have been able to afford it.

—Rhiannon Hampson, former USDA rural development director for Maine

Agency guidelines do not specify how soon the government should step in after a loan falls into delinquency, but under federal law, lenders cannot foreclose on a property until borrowers have been in default for 120 days.

Nearly a fifth of the USDA’s 159,208 Section 502 direct loans in its active national portfolio — 30,496 — were delinquent as of March, according to internal agency data obtained by the Bangor Daily News and ProPublica. That rate is double what a 1993 internal agency report said was acceptable. But neither the USDA nor the White House would say why the agency is focusing on foreclosures in Maine. Vermont is the only other state in which the USDA has filed a single foreclosure, according to federal court filings.

The foreclosures started just before Trump’s Justice Department sued the state of Maine in April over its inclusion of transgender athletes in girls’ sports, part of a larger spat between Trump and Maine Gov. Janet Mills. The White House would not say whether the foreclosures are connected in any way to those ongoing conflicts.

The Trump administration is seeking to eliminate the 76-year-old rural homeownership program in the White House’s budget proposal for the 2026 fiscal year. Some of his predecessors, including Barack Obama and George W. Bush, have also sought to cut back the $880 million direct mortgage program, which has bipartisan support in Congress.

A USDA spokesperson said the Trump administration is in the process of reviewing the loans to “understand the magnitude of the problems it has inherited.” The agency noted that in Maine alone, more than 800 properties are considered delinquent and nearly 400 homes are being tracked for foreclosure. The USDA did not respond to additional questions.

“Hopelessly in Debt”

In 2013, months after the Caribou woman had abandoned her property, she received a letter at her new residence from the USDA informing her that she had to pay the government $22,000 in missed mortgage payments and late fees or she’d lose the Caribou home, said Cox, her lawyer. He said she did not pay because she did not want the house anymore. The USDA sent her nearly a dozen letters between 2014 and 2015 claiming foreclosure was imminent, but a decade passed before she was served with foreclosure papers this spring.

A sign on the front door says the property is being maintained by a New York City company, which did not return calls seeking comment. A green tarp stretches across missing sections of the roof. Inside, piles of garbage and feces litter the floor.

The dilapidated state of the house a woman bought with a USDA mortgage in Caribou, Maine (Courtesy of Tom Cox)

A real estate broker who inspected the home in June with Cox estimated the value of the house to be around $40,000, a steep depreciation from the 2006 purchase price of $144,000.

During the time since she abandoned the property, what the woman owes USDA continued to balloon, Cox said.

His client now owes the government $393,463, according to court documents — nearly 10 times what the home is worth. Nearly 60% of that comprises interest that accumulated after she defaulted, as well as $91,304 in “preservation and inspection” fees.

“If the USDA had dealt with this back in 2012, they might have gotten most or all of their money back by selling the home” before it deteriorated, Cox said. “They’re not going to collect it now. It’s a huge waste of government resources and money to let this happen.”

Other USDA borrowers simply continue living in their homes long after they default on their loans, accumulating more debt with each passing year that the government does not move to collect.

It’s a huge waste of government resources and money to let this happen.

—Attorney Tom Cox

Christine Ogden had stopped paying the $465-a-month mortgage for her blue saltbox home in the coastal Maine town of Searsport in 2013, according to court documents. She said she told the USDA at the time to take her home after the agency threatened her with foreclosure if she did not pay.

But it took the government until 2019 to attempt to foreclose upon her property. The case was dismissed in 2020 amid the coronavirus pandemic. Five years later, in April, she received a summons to appear in federal court to start foreclosure proceedings again.

Ogden now owes $203,787 on what had been a $66,200 mortgage, according to court documents. Half of her debt comprises interest that accumulated after she defaulted, as well as other fees she would not have had to pay had the USDA addressed the delinquency sooner, an analysis by the Bangor Daily News and ProPublica found.

Ogden, who has lived rent-free in the house for 12 years, says she is unable to pay the burgeoning debt and does not know what will happen. The foreclosure will hurt her credit, making it harder for her to get another loan or find rental housing, she said.

“I'm 59,” Ogden said. “I’ll be homeless, basically.”

Little Government Oversight

The owners of another property, in Norridgewock in central Maine, also stopped paying their mortgage — and moved out of the house — years before the USDA foreclosed on the home this spring, court records show. The owners have not appeared to live at the property since at least 2014, according to property tax records, and defaulted on their loan in 2019 — but the government did not file for foreclosure until April.

The owners, it turned out, were violating USDA rules by renting out their home. The tenant, who answered the door when a reporter visited in May after the foreclosure was filed in federal court, would not share his name but estimated that he has paid $100,000 in rent to the owners during the 12 years he said he has lived there. USDA guidelines allow borrowers to rent their homes for up to three years, and only under very narrow circumstances.

Properties purchased under the 502 direct loan program are supposed to be the borrower’s permanent residence and not meant to generate income, according to USDA guidelines. Homeowners can rent out their properties only due to certain life events such as if their families outgrow their current home or if they are moving for a job. But the borrower must still pay the mortgage every month.

The USDA says the owners of the Norridgewock home owe the agency $276,191. The homeowners live in Tennessee, according to foreclosure summons and other court records filed this year by the USDA; they did not respond to calls made to phone numbers listed under their names.

USDA staff based in Maine who once were in close touch with borrowers when they ran into financial trouble now have little to no oversight of Section 502 loans. That’s because a major restructuring in the 1990s eliminated many of the county offices that had managed all aspects of the loans and centralized the servicing of these loans to an office in St. Louis, said Leslie Strauss, a senior policy analyst for the Housing Assistance Council, a Washington, D.C.-based nonprofit focused on affordable rural housing.

These changes came on the heels of an internal study in 1991 concluding that centralizing the administration of these loans would result in better service and a lower delinquency rate of about 10%, according to a 1993 report by the U.S. Government Accountability Office. More than three decades later, the delinquency rate for Section 502 direct loans has nearly doubled to 19%.

Hampson, Maine’s former USDA rural development official who now leads economic development for the Gulf of Maine Research Institute, said she had been pushing the agency to allow local staff to regain oversight of borrowers’ financial situations “so that we can go out and monitor what’s going on, so that we aren’t caught by surprise.”

But her effort did not gain traction, Hampson said.

As the foreclosures accumulated in Maine in recent months, the USDA website published an advisory directing struggling Maine borrowers to call the St. Louis office for help. But fewer staff members are available to respond after Trump’s recent cuts to the federal workforce.

As of early May, 1,536 employees — nearly a third of the rural development office — had taken the buyout, according to USDA documents outlining the results of the Trump administration’s two financial incentive offers to quit. Of those, 197 worked in the St. Louis office.

“We can’t afford failure,” Hampson said of the long-delayed foreclosures leading to insurmountable debt. “The onus is on the government to make sure that we’re providing the right kind of safety nets to prevent this sort of thing from happening.”

Michael Shepherd, Sasha Ray and Paula Brewer of BDN contributed reporting. Mariam Elba of ProPublica contributed research.

by Sawyer Loftus, Bangor Daily News

Former NYPD Commissioner Accuses Mayor Adams of Running “Criminal Enterprise” and Cites ProPublica Investigation

2 months 4 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.

What Happened: Former New York Police Department Commissioner Thomas Donlon sued Mayor Eric Adams and other top police officials on Wednesday, accusing Adams of running the force as a “criminal enterprise” that the mayor used to “consolidate power, obstruct justice and punish dissent.”

In the 251-page complaint, Donlon said the mayor used the department’s Community Response Team for political gain. “CRT became the enforcement arm of Defendant Adams’ political strategy,” the complaint says, “a tool for projecting ‘tough on crime’ optics at the expense of civil rights and constitutional law.”

It also calls the CRT a “rogue” unit that answered “only to City Hall.”

The suit drew extensively from a recent ProPublica investigation, which detailed how the mayor championed the CRT despite concerns within the Police Department about the unit. Adams, former officials said, was so close to the unit he had access to a little-known livestream of the CRT’s body-worn camera footage, a detail that Donlon cited in his legal complaint.

What They Said: “The Community Response Team speaks to the culture under Adams of willfully violating the constitutional rights of civilians and officers,” John Scola, Donlon’s lawyer, told ProPublica. That culture is: “We’ll do whatever we want.”

Background: In 2023, a senior NYPD official wrote a scathing internal audit after finding that CRT officers were wrongfully stopping New Yorkers and failing to document the incidents. Weeks later, Adams took to Instagram to boost the unit. “Turning out with the team,” he wrote, showing a photo of him wearing a wide smile and khaki pants, CRT’s official uniform.

The official who wrote that audit was pushed out months later. He and other top former commanders recently sued Adams alleging favoritism and misconduct, charges the mayor denies.

Why It Matters: Donlon, a former FBI agent who held the job of police commissioner for only two months, from September to November 2024, lobbed his accusations against Adams as the mayor has been waging an uphill battle to keep his job. Adams was indicted last fall on federal charges of bribery, fraud and illegally taking campaign contributions from foreigners. He pleaded not guilty. He avoided trial by making a deal with President Donald Trump, who dropped the prosecution in exchange for Adams working with the administration on immigration enforcement. Still, he remains unpopular in the city and is running for reelection as an independent against a popular Democrat, Zohran Mamdani.

Response: In a statement, the mayor’s office dismissed Donlon’s claims.

“These are baseless accusations from a disgruntled former employee who — when given the opportunity to lead the greatest police department in the world — proved himself to be ineffective,” the statement said. “This suit is nothing more than an attempt to seek compensation at the taxpayer’s expense after Mr. Donlon was rightfully removed from the role of interim police commissioner.”

Previously, Adam has defended the CRT. Asked about the unit at a press conference this spring, the mayor said, “CRT is here.” He continued, “I support all my units.”

The NYPD did not respond to requests for comment about the suit.

by Eric Umansky

RFK Jr. Wants to Change a Program That Stopped Vaccine Makers From Leaving the U.S. Market. They Could Flee Again.

2 months 4 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.

Five months after taking over the federal agency responsible for the health of all Americans, Robert F. Kennedy Jr. wants to overhaul an obscure but vital program that underpins the nation’s childhood immunization system.

Depending on what he does, the results could be catastrophic.

In his crosshairs is the Vaccine Injury Compensation Program, a system designed to provide fair and quick payouts for people who suffer rare but serious side effects from shots — without having to prove that drugmakers were negligent. Congress created the program in the 1980s when lawsuits drove vaccine makers from the market. A special tax on immunizations funds the awards, and manufacturers benefit from legal protections that make it harder to win big-money verdicts against them in civil courts.

Kennedy, who founded an anti-vaccination group and previously accused the pharmaceutical industry of inflicting “unnecessary and risky vaccines” on children for profits, has long argued that the program removes any incentive for the industry to make safe products.

In a recent interview with Tucker Carlson, Kennedy condemned what he called corruption in the program and said he had assigned a team to overhaul it and expand who could seek compensation. He didn’t detail his plans but did repeat the long-debunked claim that vaccines cause autism and suggested, without citing any evidence, that shots could also be responsible for a litany of chronic ailments, from diabetes to narcolepsy.

There are a number of ways he could blow up the program and prompt vaccine makers to stop selling shots in the U.S., like they did in the 1980s. The trust fund that pays awards, for instance, could run out of money if the government made it easy for Kennedy’s laundry list of common health problems to qualify for payments from the fund.

Or he could pick away at the program one shot at a time. Right now, immunizations routinely recommended for children or pregnant women are covered by the program. Kennedy has the power to drop vaccines from the list, a move that would open up their manufacturers to the kinds of lawsuits that made them flee years ago.

Dr. Eddy Bresnitz, who served as New Jersey’s state epidemiologist and then spent a dozen years as a vaccine executive at Merck, is among those worried.

“If his unstated goal is to basically destroy the vaccine industry, that could do it,” said Bresnitz, who retired from Merck and has consulted for vaccine manufacturers. “I still believe, having worked in the industry, that they care about protecting American health, but they are also for-profit companies with shareholders, and anything that detracts from the bottom line that can be avoided, they will avoid.”

A spokesperson for PhRMA, a U.S. trade group for pharmaceutical companies, told ProPublica in a written statement that upending the Vaccine Injury Compensation Program “would threaten continued patient access to FDA approved vaccines.”

The spokesperson, Andrew Powaleny, said the program “has compensated thousands of claims while helping ensure the continued availability of a safe and effective vaccine supply. It remains a vital safeguard for public health and importantly doesn’t shield manufacturers from liability.”

Since its inception, the compensation fund has paid about $4.8 billion in awards for harm from serious side effects, such as life-threatening allergic reactions and Guillain-Barré syndrome, an autoimmune condition that can cause paralysis. The federal agency that oversees the program found that for every 1 million doses of vaccine distributed between 2006 and 2023, about one person was compensated for an injury.

Since becoming Health and Human Services secretary, Kennedy has turned the staid world of immunizations on its ear. He reneged on the U.S. government’s pledge to fund vaccinations for the world’s poorest kids. He fired every member of the federal advisory group that recommends which shots Americans get, and his new slate vowed to scrutinize the U.S. childhood immunization schedule. Measles, a vaccine-preventable disease eliminated here in 2000, roared back and hit a grim record — more cases than the U.S. has seen in 33 years, including three deaths. When a U.S. senator asked Kennedy if he recommended measles shots, Kennedy answered, “Senator, if I advised you to swim in a lake that I knew there to be alligators in, wouldn’t you want me to tell you there were alligators in it?”

Fed up, the American Academy of Pediatrics and other medical societies sued Kennedy last week, accusing him of dismantling “the longstanding, Congressionally-authorized, science- and evidence-based vaccine infrastructure that has prevented the deaths of untold millions of Americans.” (The federal government has yet to respond to the suit.)

Just about all drugs have side effects. What’s unusual about vaccines is that they’re given to healthy people — even newborns on their first day of life. And many shots protect not just the individuals receiving them but also the broader community by making it harder for deadly scourges to spread. The Centers for Disease Control and Prevention estimates that routine childhood immunizations have prevented more than 1.1 million deaths and 32 million hospitalizations among the generation of Americans born between 1994 and 2023.

To most people, the nation’s vaccine system feels like a solid, reliable fact of life, doling out shots to children like clockwork. But in reality it is surprisingly fragile.

There are only a handful of companies that make nearly all of the shots children receive. Only one manufacturer makes chickenpox vaccines. And just two or three make the shots that protect against more than a dozen diseases, including polio and measles. If any were to drop out, the country could find itself in the same crisis that led President Ronald Reagan to sign the law creating the Vaccine Injury Compensation Program in 1986.

Back then, pharmaceutical companies faced hundreds of lawsuits alleging that the vaccine protecting kids from whooping cough, diphtheria and tetanus caused unrelenting seizures that led to severe disabilities. (Today’s version of this shot is different.) One vaccine maker after another left the U.S. market.

At one point, pediatricians could only buy whooping cough vaccines from a single company. Shortages were so bad that the CDC recommended doctors stop giving booster shots to preserve supplies for the most vulnerable babies.

While Congress debated what to do, public health clinics’ cost per dose jumped 5,000% in five years.

“We were really concerned that we would lose all vaccines, and we would get major resurgences of vaccine-preventable diseases,” recalled Dr. Walter Orenstein, a vaccine expert who worked in the CDC’s immunization division at the time.

A Forbes headline captured the anxiety of parents, pediatricians and public health workers: “Scared Shotless.” So a bipartisan group in Congress hammered out the no-fault system.

Today, the program covers vaccines routinely recommended for children or pregnant women once Congress approves the special tax that funds awards. (COVID-19 shots are part of a separate, often-maligned system for handling claims of harm, though Kennedy has said he’s looking at ways to add them to the Vaccine Injury Compensation Program.)

Under program rules, people who say they are harmed by covered vaccines can’t head straight to civil court to sue manufacturers. First, they have to go through the no-fault system. The law established a table of injuries and the time frame for when those conditions must have appeared in order to be considered for quicker payouts. A tax on those vaccines — now 75 cents for every disease that a shot protects against — flows into a trust fund that pays those approved for awards. Win or lose, the program, for the most part, pays attorney fees and forbids lawyers from taking a cut of the money paid to the injured.

The law set up a dedicated vaccine court where government officials known as special masters, who operate like judges, rule on cases without juries. People can ask for compensation for health problems not listed on the injury table, and they don’t have to prove that the vaccine maker was negligent or failed to warn them about the medical condition they wound up with. At the same time, they can’t claim punitive damages, which drive up payouts in civil courts, and pain and suffering payments are capped at $250,000.

Plaintiffs who aren’t satisfied with the outcome or whose cases drag on too long can exit the program and file their cases in traditional civil courts. There they can pursue punitive damages, contingency-fee agreements with lawyers and the usual evidence gathering that plaintiffs use to hold companies accountable for wrongdoing.

But a Supreme Court ruling, interpreting the law that created the Vaccine Injury Compensation Program, limited the kinds of claims that can prevail in civil court. So while the program isn’t a full liability shield for vaccine makers, its very existence significantly narrows the cases trial lawyers can file.

Kennedy has been involved in such civil litigation. In his federal disclosures, he revealed that he referred plaintiffs to a law firm filing cases against Merck over its HPV shot in exchange for a 10% cut of the fees if they win. After a heated exchange with Sen. Elizabeth Warren during his confirmation proceedings, Kennedy said his share of any money from those cases would instead go to one of his adult sons, who he later said is a lawyer in California. His son Conor works as an attorney at the Los Angeles law firm benefiting from his referrals. When ProPublica asked about this arrangement, Conor Kennedy wrote, “I don’t work on those cases and I’m not receiving any money from them.”

In March, a North Carolina federal judge overseeing hundreds of cases that alleged Merck failed to warn patients about serious side effects from its HPV vaccine ruled in favor of Merck; an appeal is pending.

The Vaccine Injury Compensation Program succeeded in stabilizing the business of childhood vaccines, with many more shots developed and approved in the decades since it was established. But even ardent supporters acknowledge there are problems. The program’s staff levels haven’t kept up with the caseload. The law capped the number of special masters at eight, and congressional bills to increase that have failed. An influx of adult claims swamped the system after adverse reactions to flu shots became eligible for compensation in 2005 and serious shoulder problems were added to the injury table in 2017.

The quick and smooth system of payouts originally envisioned has evolved into a more adversarial one with lawyers for the Department of Justice duking it out with plaintiffs’ attorneys, which Kennedy says runs counter to the program’s intent. Many cases drag on for years.

In his recent interview with Carlson, he described “the lawyers of the Department of Justice, the leaders of it” working on the cases as corrupt. “They saw their job as protecting the trust fund rather than taking care of people who made this national sacrifice, and we’re going to change all that,” he said. “And I’ve brought in a team this week that is starting to work on that.”

The system is “supposed to be generous and fast and gives a tie to the runner,” he told Carlson. “In other words, if there’s doubts about, you know, whether somebody’s injury came from a vaccine or not, you’re going to assume they got it and compensate them.”

Kennedy didn’t identify who is on the team reviewing the program. At one point in the interview, he said, “We just brought a guy in this week who’s going to be revolutionizing the Vaccine Injury Compensation Program.”

The HHS employee directory now lists Andrew Downing as a counselor working in Kennedy’s office. Downing for many years has filed claims with the program and suits in civil courts on behalf of clients alleging harm from shots. Last month, HHS awarded a contract for “Vaccine Injury Compensation Program expertise” to Downing’s firm, as NOTUS has reported.

Downing did not respond to a voicemail left at his law office. HHS didn’t reply to a request to make him and Kennedy available for an interview and declined to answer detailed questions about its plans for the Vaccine Injury Compensation Program. In the past, an HHS spokesperson has said that Kennedy is “not anti-vaccine — he is pro-safety.”

While it’s not clear what changes Downing and Kennedy have in mind, Kennedy’s interview with Carlson offered some insights. Kennedy said he was working to expand the program’s three-year statute of limitations so that more people can be compensated. Downing has complained that patients who have certain autoimmune disorders don’t realize their ailments were caused by a vaccine until it’s too late to file. Congress would have to change the law to allow this, experts said.

A key issue is whether Kennedy will try to add new ailments to the list of injuries that qualify for quicker awards.

In the Carlson interview, Kennedy dismissed the many studies and scientific consensus that shots don’t cause autism as nothing more than statistical trickery. “We’re going to do real science,” Kennedy said.

The vaccine court spent years in the 2000s trying cases that alleged autism was caused by the vaccine ingredient thimerosal and the shot that protects people from measles, mumps and rubella. Facing more than 5,000 claims, the court asked a committee of attorneys representing children with autism to pick test cases that represented themes common in the broader group. In the cases that went to trial, the special masters considered more than 900 medical articles and heard testimony from dozens of experts. In each of those cases, the special masters found that the shots didn’t cause autism.

In at least two subsequent cases, children with autism were granted compensation because they met the criteria listed in the program’s injury table, according to a vaccine court decision. That table, for instance, lists certain forms of encephalopathy — a type of brain dysfunction — as a rare side effect of shots that protect people from whooping cough, measles, mumps and rubella. In a 2016 vaccine court ruling, Special Master George L. Hastings Jr. explained, “The compensation of these two cases, thus does not afford any support to the notion that vaccinations can contribute to the causation of autism.”

Hastings noted that when Congress set up the injury table, the lawmakers acknowledged that people would get compensated for “some injuries that were not, in fact, truly vaccine-caused.”

Many disabling neurological disorders in children become apparent around the time kids get their shots. Figuring out whether the timing was coincidental or an indication that the vaccines caused the problem has been a huge challenge.

Devastating seizures in young children were the impetus for the compensation program. But in the mid-1990s, after a yearslong review of the evidence, HHS removed seizure disorder from the injury table and narrowed the type of encephalopathy that would automatically qualify for compensation. Scientists subsequently have discovered genetic mutations that cause some of the most severe forms of epilepsy.

What’s different now, though, is that Kennedy, as HHS secretary, has the power to add autism or other disorders to that injury table. Experts say he’d have to go through the federal government’s cumbersome rulemaking process to do so. He could also lean on federal employees to green-light more claims.

In addition, Kennedy has made it clear he’s thinking about illnesses beyond autism. “We have now this epidemic of immune dysregulation in our country, and there’s no way to rule out vaccines as one of the key culprits,” he told Carlson. Kennedy mentioned diabetes, rheumatoid arthritis, seizure disorders, ADHD, speech delay, language delay, tics, Tourette syndrome, narcolepsy, peanut allergies and eczema.

President Donald Trump’s budget estimated that the value of the investments in the Vaccine Injury Compensation Program trust fund could reach $4.8 billion this year. While that’s a lot of money, a life-care plan for a child with severe autism can cost tens of millions of dollars, and the CDC reported in April that 1 in 31 children is diagnosed with autism by their 8th birthday. The other illnesses Kennedy mentioned also affect a wide swath of the U.S. population.

Dr. Paul Offit, a co-inventor of a rotavirus vaccine and director of the Vaccine Education Center at Children’s Hospital of Philadelphia, for years has sparred with Kennedy over vaccines. Offit fears that Kennedy will use flawed studies to justify adding autism and other common medical problems to the injury table, no matter how much they conflict with robust scientific research.

“You can do that, and you will bankrupt the program,” he said. “These are ways to end vaccine manufacturing in this country.”

If the trust fund were to run out of money, Congress would have to act, said Dorit Reiss, a law professor at University of California Law San Francisco who has studied the Vaccine Injury Compensation Program. Congress could increase the excise tax on vaccines, she said, or pass a law limiting what’s on the injury table. Or Congress could abolish the program, and the vaccine makers would find themselves back in the situation they faced in the 1980s.

“That’s not unrealistic,” Reiss said.

Rep. Paul Gosar, an Arizona Republican, last year proposed the End the Vaccine Carveout Act, which would have allowed people to bypass the no-fault system and head straight to civil court. His press release for the bill — written in September, before Kennedy’s ascension to HHS secretary — quoted Kennedy saying, “If we want safe and effective vaccines, we need to end the liability shield.”

The legislation never came up for a vote. A spokesperson for the congressman said he expects to introduce it again “in the very near future.”

Renée Gentry, director of the George Washington University Law School’s Vaccine Injury Litigation Clinic, thinks it’s unlikely Congress will blow up the no-fault program. But Gentry, who represents people filing claims for injuries, said it’s hard to predict what Congress, faced with a doomsday scenario, would do.

“Normally Democrats are friends of plaintiffs’ lawyers,” she said. “But talking about vaccines on the Hill is like walking on a razor blade that’s on fire.”

by Patricia Callahan