Friday, May 30, 2025

Facing sky-high medical bills? Your hospital may have overcharged youNew Foto - Facing sky-high medical bills? Your hospital may have overcharged you

After Blake Pfeifer, a veteran plumber in Colorado Springs, Colorado, underwent emergency stomach surgery at a nearby nonprofit hospital in 2022, he struggled to understand the bills flooding in for his weeklong stay. The initial charge for the procedure at the University of Colorado Health Memorial Hospital Central was $104,000, his records show. Because Pfeifer had no insurance and would be paying out of pocket, he was quoted a discounted price of $58,124. He said he called the hospital to get clarity on the bills but got nowhere. He began paying some of them and was pursued by a collection agency on others. Then he sought the help of a patient advocacy group. "I've always paid my bills," Pfeifer, 63, said. "I wanted a little better explanation." The group he worked with,Patient Rights Advocate.org, found that some of his charges were far higher than the amounts UCHealth reported under a federal price transparencyrulethat went into effect in 2021. And that wasn't the only notable finding: Only 25% of Pfeifer's charges showed up on the hospital's required price list and therefore could not be compared at all. Pfeifer's experience is not uncommon, according to patient advocates, public interest lawyers and Medicare data. The burden of medical debt, a problem faced by 100 million Americans, has pushed many to delay medical care and even file for bankruptcy, research shows. Making these obligations even more ruinous, patient advocates say, is that many may be based on inaccurate health care bills. These discrepancies occur even as hospitals must list prices for care on their websites. The price transparency rule,initiated by the Centers for Medicare and Medicaid Services, requires facilities to "establish, update, and make public a list of all standard charges for all items and services." Implemented under the first Trump administration, it aims to help consumers shop for care and compare prices before they go to the hospital. Now, four years after the rule went into effect, hospital billing seems "intentionally complex," said Cynthia Fisher, founder ofPatient Rights Advocate.org. "Hospitals and insurance companies alike have even hired many middle-player firms to be able to maximize their margins and profits at every single patient encounter," she added. "Sometimes what we're finding is the charges like Blake's that are billed are far beyond even the highest rate that they have within their hospital pricing file." It adds up to an increasingly costly health care experience for Americans. A West Health-Gallupsurveypublished April 2 found that 35% of respondents said they could not access high-quality, affordable health care — a new high since 2021. UCHealth is a nonprofit hospital system with 14 hospitals in Colorado, southern Wyoming and western Nebraska. In its financial filings, UCHealth says its discount program for self-pay patients like Pfeifer "reduces uninsured patients' liabilities to a level more equivalent of insured patients." Some of Pfeifer's records conflict with this description. Pfeifer received 10 common blood tests, known as a metabolic panel, and was billed $104 for each. By comparison, UCHealth's public price data shows it charged insured patients between $6.52 and $52.89 for each test in 2022. In another case, Pfeifer was charged $99 for a blood culture to measure bacteria, the records show, while UCHealth's pricing data listed a range of charges for insured patients of between $8 and $61. For a phosphate level blood test, Pfeifer was billed $30, while insured patients at UCHealth were charged between $3.72 and $22.02. Under Coloradolaw, violations of hospital price transparency requirements are a deceptive trade practice. Dan Weaver, a UCHealth spokesman, said in a statement that the health system "does everything possible to share prices and estimates with our patients, encourage insurance coverage, assist patients in applying for Medicaid and other programs that may offer coverage." Regarding Pfeifer's case, Weaver said he could not comment because the hospital had received notice from a lawyer representing Pfeifer that he may file a claim against it. He said the hospital disputes what is in the lawyer's notice, but he declined to specify what exactly it disputes. Weaver pointed to thestate of Colorado's 2024 report stating that UCHealth hospitals "are fully compliant with transparency requirements." For 2022, when Pfeifer received care at UCHealth, the document showed the hospital providing his care received a "fair" transparency rating by the state, above "poor" but below "good." Weaver added that CMS, which determines hospital compliance with transparency requirements, "has not cited UCHealth or our hospitals for noncompliance." Enforcement actions are exceedingly rare. CMS' website listsmonetary penaltiesagainst only 27 hospitals in the four years since the requirements began. (There are 6,000 hospitals nationwide, according to theAmerican Hospital Association.) A December 2024reportfrom the Department of Health and Human Services Office of Inspector General found that nearly 40% of the 100 hospitals it studied were not complying with the price transparency requirements. Coloradolawallows patients to sue a hospital bringing a debt collection proceeding against them when they believe the facilities have violated price transparency requirements. Steve Woodrow, a Democratic member of the Colorado House of Representatives and a lawyer at the firm Edelson in Denver, represents Pfeifer. "What happened to Mr. Pfeifer unfortunately repeats itself and plays out across the country thousands of times every year," Woodrow told NBC News in an interview. "We now have a situation where people are afraid to get medical care because of the financial ramifications." Last November, the Justice Departmentallegedthat UCHealth had overbilled Medicare and TRICARE, the health insurer for U.S. service members and their families. Between November 2017 and March 31, 2021, the government alleged, providers at UCHealth hospitals submitted inflated Medicare and TRICARE claims for "frequent monitoring of vital signs" among patients in the emergency department. UCHealth agreed to pay $23 million to settle the allegations without an admission of liability. Weaver, the UCHealth spokesperson, said the hospital system settled to prevent a lengthy and costly legal dispute. "UCHealth firmly denies these allegations," he added, "and maintains that its billing practices align with the guidelines set forth by the American College of Emergency Physicians." While UCHealth is a nonprofit, it has generated rising revenues and earnings recently. Net patient revenues at UCHealth, itssecuritiesfilings show, totaled $8 billion in fiscal 2024, 17% higher than the previous year. Operating income was $523 million, an increase of 58% over 2023. UCHealth's charges for care are higher than most other nonprofits', Medicaredatashows. In fiscal 2022, the most recent figures available, UCHealth charged patients 6.6 times the hospital system's costs for care. That is far higher than the 4 times, on average, that U.S. nonprofit health systems charged for care that year, according to Ge Bai, a professor of health policy and management at Johns Hopkins Bloomberg School of Public Health. Weaver, of UCHealth, said the hospital system's charges are competitive with others. "Last year alone, UCHealth provided $1.3 billion in total community benefits including about $570 million in uncompensated care," his statement said. It's problem enough for patients who are overcharged or billed incorrectly for health care. But when hospitals sue to receive payment for those bills, such lawsuits often result in default judgments, legal experts say, issued to patients who don't appear in court or respond. Default judgments can have dire consequences, including wage garnishments. UCHealth has sued thousands of patients using third parties or debt collection middlemen in recent years, a practice that is examined in new research by academics at theGeorge Washington University Law School, Stanford University'sCenter for Clinical Researchand Fisher's group. The study, "Hospitals Suing Patients:The Rise of Stealth Intermediaries," found UCHealth and one debt collection firm brought 12,722 lawsuits against patients from 2019 to 2023. Legal records analyzed by the authors suggested "many of the collection efforts were based on unsubstantiated and inaccurate billing records." The use of legal middlemen is a national trend and allows hospitals to hide their involvement, avoiding the bad publicity these lawsuits can bring, the research contends. Last year, Colorado lawmakers enactedlegislationbarring hospitals from suing patients under debt collectors' names, after aninvestigationinto the practice by 9News, an NBC affiliate, and The Colorado Sun. Barak Richmanis the Alexander Hamilton professor of business law at George Washington Law School and a co-author of the study. "What this research shows is people are being pulled into court where a power imbalance takes advantage of them," he said. "There needs to be a lot of deliberative thought into what to do about courts as it relates to medical debt." In a statement about the study, UCHealth's Weaver said those suits make up a "tiny fraction of our patient care — in fact, more than 99.93% of all patient accounts are resolved without a lawsuit." He added: "This study, based on older data, does not reflect the changes put in place in recent years to minimize billing errors, ensure patients are aware of our financial assistance options, and are well informed of their medical bills." Damon Carson, a small-business owner in Longmont, Colorado, was sued by a collection company after he received an outpatient endoscopy at a UCHealth hospital in his town. The suit came while he was disputing the hospital's charges as excessive. A self-pay patient along with his wife, Traci, Carson tried to be a savvy shopper before he went in for the procedure in 2021. He asked for price estimates from several providers, and the nearby UCHealth facility provided one totaling $1,448, according to a court document. Carson paid upfront. "I had the procedure and everything was fine," Carson told NBC News. "Then the bills started rolling in." Additional charges of $4,742 drove the total cost for the procedure to around $6,200, a court document shows. Carson said that when he questioned the bills, noting the far lower original estimate, the hospital told him the add-on costs reflected the removal of growths found inside him during surgery. A UCHealth spokesman said the original estimate for Carson's care was accurate and that he was told there might be additional charges and signed an acknowledgement of that, which the hospital provided to NBC News. (Carson says he recalls no discussion of the potential for additional charges.) When Carson refused to pay, he was sued by Collection Center Inc., a debt collection firm that has often filed lawsuits against patients on behalf of the hospital, the academic study shows. In 2023, Carson and the collection firm conducted a mediation, according to court documents. Carson wound up paying only one-third of the additional charges to settle the case. "I was surprised they caved that fast," Carson told NBC News. "Traci and I could easily have paid the $4,000 and our lives gone on. But this was a principle thing." Fisher, the patient advocate, said the outcome of Carson's case is revealing. "No one should ever pay that first bill," she said. "The onus of proof needs to be on the hospital and the insurance company to prove that they have not overcharged us."

Facing sky-high medical bills? Your hospital may have overcharged you

Facing sky-high medical bills? Your hospital may have overcharged you After Blake Pfeifer, a veteran plumber in Colorado Springs, Colorado, ...
How 'tropical waves' carry confounding clues about huge hurricanesNew Foto - How 'tropical waves' carry confounding clues about huge hurricanes

Pull up theNational Hurricane Center's daily mapthis week and you'll see that no tropical cyclone activity is expected within the next seven days as the 2025Atlantic hurricane season kicks off on June 1. Twenty years ago, this 7-day outlook might have been unthinkable, but withimprovements in satellites and forecasttechnology, meteorologists now know more than ever about when and where storms form and move. Thanks to higher resolution satellites, hurricane researchers also know more about the weather patterns that move westward across the Atlantic and Caribbean that could eventually become tropical storms or cyclones. Known as tropical waves,these patterns – found in the atmosphere above the surface and not in the ocean – have always moved across the Atlantic and around the globe. These waves are found in areas of low pressure above the surface in the atmosphere. Forecasters are watching these waves more closely than ever and understand more about how some of them become the seeds of tropical storms and hurricanes, saidKelly Núñez Ocasio, assistant professorin the atmospheric sciences department at Texas A&M University. As a result, the waves also catch the attention of casual observers who find their way to the page where the hurricane center's highly trained specialistspresent their discussionof what's happening across the Atlantic basin. When a tropical wave gets mentioned, there's no immediate cause for alarm or concern. Most of the waves "aren't very noteworthy, and about half of them are almost imperceptible," said Chris Landsea, chief of the National Hurricane Center's tropical analysis and forecast branch. They're mostly found in the lower latitudes, along a band across the Caribbean south of the Florida Keys. By themselves, the waves have little impact on states outside Florida to the north, he said. For example, 'the (waves) we're watching right now (on May 29, 2025) aren't going to be impacting the U.S. at all." Still, it's "very important" for the hurricane center to track tropical waves, Landsea said. Even without further development, tropical waves can impact local weather in Florida and the Caribbean by influencing thunderstorms and bringing gustier winds as they approach. The other reason to keep an eye on tropical waves is that some of the strongest that come off the African Coast tend to create the most dangerous hurricanes. Roughly 80 tropical waves are found across the Atlantic basin in a given year, said Landsea, who has studied tropical waves for decades. Between 40 and 60 of those emerge off the African Coast during the hurricane season that begins June 1 and ends December 1, saidNúñez Ocasio. Fewer than two dozen of these waves become named tropical storms. Even fewer become hurricanes. However, the waves are particularly important for forecasters to observe because "most of the hurricanes that get strongest originate from tropical waves," Landsea said. An estimated 85% of the most intense hurricanes – the Category 3's, 4's and 5's, with winds of 111 mph or more – get their start in the tropical waves that move off the African coast, he said. To become a depression or storm, a tropical wave must encounter a perfect set of conditions in the surrounding ocean and atmosphere that include very warm ocean water, relatively moist air, and a potentially unstable atmosphere. How do you study a hurricane?Meet the fancy tech behind the science Researchers such asNúñez Ocasioare working to answer riddles such as what makes some hurricanes larger in size than others andwhy some waves form hurricanes and others do not. The more they learn, the more the information can be used to improve hurricane forecast models. The stronger waves often begin over the high mountains of Ethiopia in eastern Africa, gathering strength, size and moisture from the monsoon as they move west, saidNúñez Ocasio. A lot of "very warm air" rises over the mountains in an area where the African easterly jet stream enters the region, she said. The resulting convection produces waves that interact with the West African monsoon and the wind energy in the jet, and by the time they reach the western coast, their structure is already more suitable to become a tropical depression, she said. It's only been within the last few years, that researchers have been able to correlatethe intensity of a wave coming off Africawith the intensity of any tropical depression it forms, she said. "Those waves that originate over the Ethiopian highlands are actually the ones more likely to become hurricanes." Her research proved timely last summer, when an expected busy season kind of stalled out at one point in mid-summer. A very active monsoon ranged over Africa, so intense that it was flooding areas of the Sahara Desert where flooding hadn't been previously seen, she said. The tropical waves and the African jet were pushing farther north and not coming off the coast along the typical Atlantic hurricane track, she said. That pattern may suggest a shift in the peak of Atlantic hurricane season in response to climate change, with waves forming and moving more slowly, and gathering more moisture, she said. "All the entire tropical atmosphere is changing .... Tropical waves are getting more intense with the changing climate." Learning about potential tropical systems earlier than in the past is not a reason to worry, but it can be a reason to prepare early, she said. "It's about thinking twice, decision-making to safeguard life and property." Dinah Voyles Pulver, a national correspondent for USA TODAY, writes about hurricanes, violent weather and other environmental issues. Reach her at dpulver@usatoday.com or @dinahvp on Bluesky or X or dinahvp.77 on Signal. This article originally appeared on USA TODAY:Why hurricane forecasters closely watch 'tropical waves'

How 'tropical waves' carry confounding clues about huge hurricanes

How 'tropical waves' carry confounding clues about huge hurricanes Pull up theNational Hurricane Center's daily mapthis week and...
Musk said he was chainsawing government spending. It was more like a trimNew Foto - Musk said he was chainsawing government spending. It was more like a trim

By Brad Heath, Jason Lange, Andy Sullivan, Grant Smith WASHINGTON (Reuters) -Elon Musk once famously wielded a chainsaw on stage in a theatrical demonstration of his effort to drastically cut U.S. federal spending under President Donald Trump. As he leaves government, official data shows he achieved something closer to a trim with scissors. In the four months since Musk's Department of Government Efficiency began slashing federal spending and staffing, a handful of the agencies he has targeted trimmed their combined spending by about $19 billion compared with the same period last year, according to U.S. Treasury Department summaries reviewed by Reuters. That is far below Musk's initial goal of $2 trillion in savings and amounts to about a half of 1% of total spending by the federal government. Musk said on Wednesday he is leaving the administration but that its cost-cutting work will "only strengthen over time." It remains to be seen, however, how enthusiastically Trump's cabinet secretaries will continue to downsize their departments. DOGE says it pulled the plug on more than 26,000 federal grants and contracts that are worth about $73 billion, while more than 260,000 government workers have been bought out, taken early retirement or been fired. But the DOGE tallies have been riddled with errors, according to reviews by numerous budget experts and media outlets, including Reuters. That has made them difficult to verify, and some of the announced cuts are not saving the government any money because judges have reversed or stalled them. That leaves the Treasury Department's daily reports on how much the government is spending as the clearest window into the scope of the administration's cost-cutting. The view they offer so far is modest: The government has spent about $250 billion more during the first months of Trump's administration than it did during the same period of time last year, a 10% increase. And even some parts of the government Trump has cut the most deeply are, for now at least, spending more money than they did last year. One big factor driving costs is largely outside Trump's immediate control: interest payments on the United States' growing pile of debt, which amount to about $1 in every $7 the federal government spends. Debt interest payments are up about 22% from a year ago. Spending on Social Security, the safety-net program for the elderly and disabled, totaled about $500 billion since Trump's inauguration, up 10% from a year earlier. To be sure, the view offered by the Treasury Department's daily reports is incomplete. Many of the cuts DOGE has made to the federal workforce, grants and contracting will reduce what the government will spend in the future but do not show up in its checkbook today. For example, while thousands of workers have taken buyouts, the government will continue to pay their wages until October. So far, the Labor Department has estimated there were only about 26,000 fewer people on federal payrolls in April than were on the books in January, after adjusting the figures for typical seasonal swings. Tallying savings from future cuts, however, is seldom straightforward. "It could be that in the future we never replace these workers and we save billions of dollars, or it could be that they come back and it's even more expensive than before," said Martha Gimbel, executive director of the Budget Lab at Yale, a nonpartisan budget analysis organization at Yale University. The White House declined to offer an explanation for DOGE's figures. Spokesman Harrison Fields said in a statement that "DOGE is working at record speed to cut waste, fraud, and abuse, producing historic savings for the American people." Reuters estimated the administration's impact by tallying outlays at agencies that had been targeted for cuts and whose spending had dropped from the same time last year. Among the agencies hardest hit are the Department of Education, State Department, U.S. Agency for International Development, National Institutes of Health, the Centers for Disease Control and Prevention and other independent agencies. Rachel Snyderman, an expert on fiscal policy at the Bipartisan Policy Center, said the spending declines at agencies could be reversed if the Trump administration doesn't get congressional approval to cancel outlays from this year's federal budget, as required by law. AN $11 BILLION EDUCATION CUT The most obvious sign that the Trump administration is making a dent in federal spending is in the Education Department, which Trump has ordered shut down. The administration cut the department's staff by about half in March. DOGE's website lists 311 Education Department grants and contracts it says it has eliminated for a savings of about $1.6 billion, though it is not clear how it arrived at those figures. Some cuts have not stuck. A federal judge in March ordered the administration to restore some of the grants it had cut, and another judge this month ordered it to rehire 1,400 workers. Still, the Education Department under Trump has spent close to $11 billion less than it did over the same period last year, the Treasury reports show, far more than what DOGE says it has cut. One reason could be that layoffs have made it harder for the government to process payments for special education and low-income schools. School districts that have sued over the cuts alleged that states were already experiencing slowdowns in receiving money. Another factor for the reduced outlays: The department has stopped handing out the $4.4 billion that remains to be distributed from the hundreds of billions of dollars approved in previous years to help schools weather the COVID-19 crisis. The Education Department did not respond to a request for comment. OTHER AREAS DOGE HAS CUT Other agencies targeted in Trump's overhaul are also starting to show declines in their spending compared with the same time last year. Spending is down about $350 million at the CDC and about $1 billion at the National Institutes of Health. The Trump administration has moved to slash spending across those agencies, cancelling grants and ending leases for office space. The Department of Health and Human Services has reported terminating close to 2,000 grants that planned to disperse more than $20 billion. Many of the grants were to boost labs that fight new infectious diseases, or to fund state mental health programs. Some $14 billion of the grant money had already been spent prior to the termination, with roughly $7 billion effectively frozen, according to a Reuters analysis of the government's tallies. The administration has effectively dismantled USAID, which handled most U.S. foreign assistance, firing nearly all of the agency's employees and cancelling most of its humanitarian aid and health programs, though federal courts have forced the government to continue making some payments. USAID spending is down about 40%, to about $4.6 billion, from last year. Spending at the State Department – where DOGE says it has cut nearly $1 billion in grants and contracts – is also down about 20% from 2024. WHY WE CAN'T KNOW MORE Measuring the impact of the administration's actions is difficult because many cuts will not yield savings for months or years even as spending elsewhere increases. Spending on federal employee salaries, for example, is up by more than $3 billion under Trump. Some of the grants and contracts DOGE cut were due to be paid out over several years, and many remain the subject of lawsuits that will determine whether they can be cut at all. DOGE says it has saved taxpayers $175 billion, but the details it has posted on its website, where it gives the only public accounting of those changes, add up to less than half of that figure. It says the figure includes workforce cuts, interest savings and other measures it has not itemized. It is also hard to know exactly how much the government would have spent if the administration had not started cutting. (Reporting by Brad Heath, Jason Lange and Andy Sullivan in Washington and Grant Smith in New York, Editing by Ross Colvin and Matthew Lewis)

Musk said he was chainsawing government spending. It was more like a trim

Musk said he was chainsawing government spending. It was more like a trim By Brad Heath, Jason Lange, Andy Sullivan, Grant Smith WASHINGTON ...
Former federal worker elected to New Jersey local office after leaving DOGE agencyNew Foto - Former federal worker elected to New Jersey local office after leaving DOGE agency

Itir Cole tried to take some time off after quitting her job with the federal government early in the Trump administration. "I tried to read books, I tried to watch Netflix. But a day or two of that, and I was like, okay, I'm good. Now, what?" Cole, 40, told USA TODAY. Then her husband mentioned offhand that there was an open seat on her New Jersey town's governing body. No one her age or with her life experience was planning to make a bid for the nonpartisan Haddonfield Borough Commission. So she did. Cole won her mid-May race by 49 votes, about four months after resigning from the U.S. Digital Service ‒ the federal agency PresidentDonald Trumpand entrepreneurElon Muskrebranded asthe United States DOGE Service. A ceremonial swearing in was held May 27. Her victory places her at the forefront ofa flood of federal workers looking to run for public office.Many say they want to continue serving Americans after leaving the government either voluntarily or through mass layoffs, as Trump dramatically downsizes the federal workforce. Cole said her year-and-a-half in the federal government was a pivot point in her life. She had spent most of her career working in product management and building health care software for private companies. "The federal government felt like it hit all my check boxes," she said. "I can make a living. I feel good about what I'm doing every day. I'm contributing to the wellness of my community, my nation, and it's something when I look back on, I'm going to feel really proud of having contributed to even as a small part of it." U.S. Digital Service employees were detailed to other agencies tohelp fix or monitor high priority tech projects. Cole worked with the Centers for Disease Control to improve a cross state infectious disease surveillance system after the COVID-19 pandemic. But the arrival of DOGE employees on Inauguration Day transformed the nonpartisan tech agency, Cole said. "The job changed pretty much overnight," she said. All employees were interviewed with questions she said felt like were asking about loyalty to the new administration. She had been hired as a remote employee, but there was talk of requiring a return to the office. The"fork in the road" emailthat told federal employees to either get on board with the sweeping changes or leave was the last straw, she said. The White House press office did not respond to a request for comment. Cole quickly chose to resign, as did others. On Feb. 14, her last day, the remaining 40 or so members of her team were fired, she said. When she first looked at the Haddonfield Borough Commission race, Cole said she was alarmed that none of the candidates represented the so-called sandwich generation: people with both young kids at home and elderly parents to take care of. She implored friends to run, offering to act as their campaign manager and organize their campaign events, but no one had the time. "I couldn't let go of the fact that … there's no woman with a young family juggling responsibilities of professional life and family life. No one from our phase is going to be there, and there are going to be decisions made that are not in the best interest of the entire community," Cole said. "So I thought, Okay, I will do it." Cole had to move quickly to get on the ballot in her suburban town of 12,500, not far from Philadelphia. She pulled together 100 signed petitions in 3 days ‒ twice the number she needed. There was no time to build a coalition of supporters or get backing from candidate recruitment groups that mentor new candidates and that aregetting inundated with requests for helpfrom former federal employees. She had to just wing it. Cole said she started with a handful of regulars she knew at her local coffee shop, then a dozen or so moms she knew from school drop off. The former head of the local soccer leagues sat down with her and made introductions to the Lions Club, the Rotary Club and various nonprofits. Soon people offered to host house parties to introduce her to their neighborhood. "I accepted every invite, and I put myself out there as much as I could," she said. Campaigning as an introvert was painful, Cole said. It helped that the position is non-partisan and she could focus on local issues like affordable housing, crowded schools and new soccer fields. The part-time commissioner job pays $6,000 a year, which Cole said she expects to mostly go toward expenses related to the role. She's still looking for a full time job. Cole said she hasn't given much thought to a political future. She doesn't intend to hold the position past a single four-year term, saying she thinks the post should rotate among community members. "What I'm going to spend the next four years doing is making sure that people see this as a very doable job, that it hopefully encourages others to be like, Oh, she can do it. I can probably do it too," she said. This article originally appeared on USA TODAY:Former federal worker elected to New Jersey local office

Former federal worker elected to New Jersey local office after leaving DOGE agency

Former federal worker elected to New Jersey local office after leaving DOGE agency Itir Cole tried to take some time off after quitting her ...
Immigration arrests in courthouses have become the new deportation tool, stripping migrants of a legal processNew Foto - Immigration arrests in courthouses have become the new deportation tool, stripping migrants of a legal process

After Julio David Pérez Rodríguez attended an immigration hearing last week in pursuit of a refugee status in the U.S., the Cuban national was stopped by undercover agents at an elevator, handcuffed and taken into custody. "If I have done nothing illegal, why do you have me handcuffed?" the 22-year-old implored in Spanish amid tears. The arrest in Miami was captured in anemotional video aired by Noticias Telemundo. "We're coming to this country to seek freedom. ... What is happening with this country?"he said before plainclothes officers whisked him away. Pérez Rodríguez is one of dozens of immigrants caught in similar dragnets drawn in cities around the country since last week, as the reality of President Donald Trump's mass deportation operation penetrates further into American families' consciousness. Many of those who saw loved ones handcuffed and taken away had accompanied their family members to ongoing immigration processes seeking asylum or hoping to make a case before a judge to stave off deportation, a legal process long afforded to immigrants and spelled out for immigration judges in court practice manuals. The arrests are happening immediately after immigration cases are dismissed or closed, leading some people to express joy, give thanks in prayer or celebrate, only to have all that replaced by sorrow, fear and anger, as they are handcuffed and taken into custody, said Billy Botch, an observer who works for theAmerican Friends Service Committee Florida, a social justice nonprofit formed by Quakers. "We are talking about people who are already complying with the legal court process and who have claims of asylum or have other legal protection," Gregory Chen, senior director of government relations for American Immigration Lawyers Association (AILA), told NBC News. "They should have a right to a fair day in court." Trump campaigned for the presidency on a pledge to focus on eradicating violent criminals, often invoking the names of crime victims of immigrants illegally in the country. But Chen said that, with arrests taking place in courthouses and in immigration and citizenship services offices, "the dragnet is sweeping in foreign nationals of all stripes, people who are members of our communities, who have been here for a long time, who have family here, who have jobs here. ... Those are the people who are really getting targeted now in mass numbers." Assistant Homeland Security Secretary Tricia McLaughlin said the Trump administration is reinstating the rule of law after President Joe Biden adopted policies that "allowed millions of unvetted illegal aliens to be let loose on American streets." But immigration attorneys and advocates said the dragnets appear to be an attempt by the Trump administration to bypass constitutional due process protections for immigrants. Based on observations by attorneys and advocates who have been monitoring the arrests, Chen said Immigration and Customs Enforcement trial attorneys are showing up in immigration courts where people have scheduled hearings and asking the judges to dismiss the cases. "They are doing it in most cases verbally, even though the practice manual of the court typically requires a written motion," Chen said, "and they are asking that these be granted immediately, even though people are required in the practice manual to be given time to respond." Similar arrests have been witnessed at field offices of U.S. Citizenship and Immigration Services, which handles such things as applications for citizenship or legal permanent residency, also known as green cards, as well as visas for workers and other benefits. "There have been arrests in several cities at those USCIS interviews," Chen said. He said AILA and immigration attorneys are instructing people at the court hearings to insist on a written motion from the government spelling out their dismissal request, to ask for time to respond to the motion — 10 days, according to the court manual — and to ask judges to not immediately rule on the government motions to dismiss. Some immigration judges, who are part of the administrative branch of government under the Department of Justice and not the judicial branch, appear to be going along with ICE requestsand dismissing cases. "Some judges are granting the motions immediately, even without a written motion and not giving a person 10 days to have that due process to understand and to respond to the motion," Chen said. With the case dismissed, plainclothes officers who have been stationed in hallways or other locations arrest them and set up the immigrants for accelerated deportation, which is known as expedited removal. Criminality often isn't an issue in these immigration arrests. Instead, the criteria seem to be to capture immigrants who came under the Biden administration and haven't been living in the country more than two years. The Trump administration has eliminated many of the programs that allowed immigrants to come to seek asylum or allowed them into the country through parole. Administration officials deem the people who used these programs as having entered the U.S. illegally, a misdemeanor. McLaughlin, the DHS assistant secretary, said Biden disregarded the fact that most of those people are subject to expedited removal and released millions of immigrants, "including violent criminals," with a notice to appear before an immigration judge. "If they have a valid claim, they will continue in immigration proceedings, but if no valid claim can be found, aliens will be subject to a swift deportation," she said. Expedited removal typically has been reserved for people who are apprehended less than 100 miles from the border and people who are in the country for two years or less. But the Trump administration is using expedited removal everywhere in the country. Chen said the way the dragnets are playing out is troubling, because of the lack of due process and because ICE attorneys are not being required to present written motions explaining their basis for dismissal. "We are also concerned that there is a high level of cooperation between the courts and ICE, which is increasingly appearing to be a cooperative law enforcement operation where the judges are making these speedy decisions to dismiss the cases so that ICE can take them into custody and rapidly deport them," he said. DHS did not respond to questions about whether immigration judges had been instructed to close cases and, if so, provide copies of those instructions. Botch, the hearings observer from American Friends Service Committee Florida, said a Miami judge refused one person's request for their case not to be dismissed, saying, "We all have bosses." Botch said another judge stood out because he denied government attorneys' dismissal requests in six of seven cases and granted the immigrants six-day continuances, giving them time to find attorneys. He said most of the immigration cases he observed in court dated back to 2022. The arrests of people who are seeking asylum or relief is a waste of law enforcement resources, Chen said, because ICE will have to give them a "credible fear" interview. Such interviews determine if the person has reason to fear persecution due to race, religion, nationality, membership in a particular social group or political opinion if returned to their home country. Immigrants who already are in the asylum process have a good chance of passing the credible fear interview and will end up back in front of a judge for a hearing on the asylum claim, Chen said. "You are seeing this dramatic scale-up of not only ICE law enforcement but several other agencies coming into these courts; that's a huge expenditure of resources, taking them to detention, and expending taxpayer resources to detain these people already complying with the law," Chen said. According to attorneys, ICE officers have been clearing courtrooms during hearings, which are open to the public, and threatening with arrests or intimidating people who try to observe the proceedings or arrests. In some cases, they've forced closure of courtrooms even when hearings are public, Chen said. The immigration court arrests have put immigrants on edge, shocking and panicking those with pending cases and their families. On Tuesday, when Peréz Rodríguez showed up to his hearing, another 20 or so people went through similar scenarios in different floors of the building, said Karla De Anda, a legal observer who has been watching the arrests. Among those arrested wasa New York City high school student who ICE took into custodyafter his hearing last week, prompting a clamor of protests. Arrests have been reported last week and this week at courthouses in Miami;San Francisco;Sacramento, California;San Antonio;and several other cities. On Wednesday night, protesters clashed with police as they tried to interrupt arrests at a New York City building where immigration courts are located,The City news site reported. Chen said the law enforcement presence at courthouses has become "essentially a cooperative arm" and is intimidating. He said it is going to frighten people from coming to court appearances "when they have a legal right to their fair day in court." "It's going to undermine the rule of law that Americans expect," he said.

Immigration arrests in courthouses have become the new deportation tool, stripping migrants of a legal process

Immigration arrests in courthouses have become the new deportation tool, stripping migrants of a legal process After Julio David Pérez Rodrí...

 

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