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Federal judge hands Biden’s home state a loss in battle of ICE access to labor data
A federal judge ordered Delaware officials to turn over confidential employer and employee data to Immigration and Customs Enforcement (ICE), delivering a legal defeat to former President Joe Biden’s home state in a dispute over immigration enforcement.
U.S. District Judge Colm Connolly ruled that the Delaware Department of Labor (DDOL) must comply with a federal subpoena seeking wage reports and employee records from 15 businesses as part of an investigation into the suspected hiring of undocumented workers.
Delaware officials argued they could refuse the request and warned that compliance would harm worker reporting and state programs, but Connolly rejected that position.
“This is a political argument; not a legal one,” Connolly wrote. “This Court is not the proper ‘forum in which to air [DDOL’s] generalized grievances about the conduct of government.’ It would be wholly inappropriate for me to consider this line of argument, and I decline to do so.”
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The records include employees’ names, Social Security numbers and wages reported to the state as part of its unemployment insurance system.
Federal investigators said the records will help identify potentially fraudulent Social Security numbers, compare reported employees to workers observed onsite and detect off-the-books labor.
Connolly, a Trump-appointed judge, wrote that the subpoena was lawful, relevant to a legitimate investigation and not overly burdensome for the state to fulfill.
The subpoena seeks 30 records covering two quarters for the 15 businesses, which the judge said would not be burdensome for the state to produce.
He also dismissed Delaware’s argument that sharing the data would harm its unemployment insurance system, calling the claim unsupported.
“I am neither willing nor able to adopt DDOL’s cynical view of the State’s employers,” Connolly wrote.
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The ruling marks a setback for Delaware in its battle over ICE’s access to state labor data, as the federal government moves to expand immigration enforcement.
The court said Delaware officials ignored the subpoena and failed to respond even after a follow-up warning from federal prosecutors.
Delaware’s newly appointed U.S. Attorney Benjamin Wallace said the ruling reinforces that federal law applies broadly.
“We are gratified that the court recognized the simple truth at the core of this case: federal law applies to everyone, whether they are a state or private entity, and whether they agree or disagree with the federal government’s policy priorities,” Wallace told the Delaware News Journal.
The dispute escalated after Delaware ignored multiple ICE subpoenas in early 2025, prompting the federal government to sue for enforcement. State officials have not said whether they plan to appeal.
Fox News Digital has reached out to the Delaware Department of Labor, the Delaware Attorney General’s Office, the U.S. Attorney’s Office for the District of Delaware and DHS and ICE for comment.
Read the ruling below.
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Leavitt shows off US Triumphal Arch, with plans to be released Thursday
White House press secretary Karoline Leavitt closed Wednesday’s daily press briefing with more renderings of President Donald Trump‘s new 250-foot “United States Triumphal Arc.”
The Interior Department will submit plans for the “architectural masterpiece” to honor the “enduring triumph of the American spirit” in Washington, D.C., as part of the nation’s 250th birthday celebrations, Leavitt told the White House press corps.
“It’s quite beautiful, as you can see,” Leavitt said, sharing poster renderings. “And this monumental arch will beam at 250 feet tall in honor of 250 years.”
It will rise on vacant green space at Memorial Circle on Columbia Island, a National Park Service-managed island in the Potomac River, according to Leavitt, adding that plans would be submitted Thursday.
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“The United States Triumphal Arch will be outfitted with beautiful artwork and depictions celebrating the success of the American people over our 250 year history and the enduring triumph of the American spirit,” she continued.
“Long after everyone in this room is gone, our children and grandchildren will remain inspired by this national monument. Beginning construction this year on the architectural arch is a fitting way to commemorate the 250th anniversary of American independence.”
While Trump has faced obstruction on his building of his privately funded $400 million White House ballroom, Leavitt said the arch project should draw bipartisan backing.
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“Great nations build beautiful structures that cultivate national pride and love of country, and this Triumphal Arch should be a project that all Americans of all political persuasions can support, because it’s a monument for every American to celebrate 250 years of our nation’s proud history,” Leavitt concluded.
The announcement adds a large-scale capital project to the White House’s expanding Freedom 250 agenda, which the administration has been promoting across official White House channels in recent weeks.
Leavitt did not disclose a cost estimate, construction timeline beyond this year, or details on how the project would be reviewed under federal planning and preservation rules. She also did not say whether Congress would need to authorize funding.
The proposed site, Memorial Circle at the northern end of Columbia Island, sits just off the approaches to Arlington Memorial Bridge and near the George Washington Memorial Parkway, placing the project in a prominent ceremonial corridor linking Washington and Arlington.
Leavitt said the administration would have “many more announcements” tied to the 250th anniversary in the coming months.
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Leavitt puts Democrats on defense as ‘disgusting’ allegations against Swalwell mount
White House press secretary Karoline Leavitt slammed Democrats on Wednesday over mounting sexual assault allegations against Rep. Eric Swalwell, questioning what they knew and why no one spoke out sooner.
“I think the accusations and allegations against former Representative Swalwell are despicable and disgusting,” said Leavitt.
“It’s also quite plausible that there were many other Democrats in this town on Capitol Hill who knew about his, perhaps illegal behavior, certainly his disgusting and inappropriate behavior,” said Leavitt.
Swalwell announced Monday that he would step down from the House after four women came forward accusing the longtime congressman of assault. The mounting allegations, which ultimately derailed his political future, followed his decision to exit California’s 2026 gubernatorial race just a day earlier.
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Leavitt urged journalists to press lawmakers on why no one spoke out sooner, specifically calling out Sen. Ruben Gallego, D-Ariz.
“Ask Democrats in power how they knew about such despicable behavior from one of their elected representatives for so long, but never said or did anything about it,” said Leavitt.
Gallego on Monday accused his close congressional ally and longtime friend of living a double life.
“I want to be clear: I had no knowledge of the allegations of assault, harassment, and predatory behavior against Eric Swalwell,” Gallego said in a statement following Swalwell dropping out of California’s 2026 gubernatorial race.
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Former House Speaker Nancy Pelosi has also denied having any knowledge of Swalwell’s alleged behavior, saying she had “none whatsoever” in response to a reporter.
Pelosi added Swalwell’s resignation announcement Monday was a “smart decision” and the “right thing to do” after a wave of allegations threatened to force his ouster.
Fox News Digital reached out to Gallego’s office for comment.
Fox News Digital’s Adam Pack contributed to this report.
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GOP holds with Trump on Iran war, but cracks emerge as deadline nears
Republicans aren’t ready to jump ship against President Donald Trump’s Iran war, as evidenced by another failed attempt to handcuff his war powers in the Middle East, but they also aren’t lining up to support a prolonged conflict.
Senate Republicans blocked another war powers resolution from Senate Democrats for a fourth time on Tuesday as Operation Epic Fury entered its 46th day. It comes as a fragile ceasefire between Iran and the U.S. is nearing its end, and talks toward a broader peace agreement remain tenuous.
Democrats initially started their war powers strategy to compel Secretary of State Marco Rubio and War Secretary Pete Hegseth to testify publicly on the administration’s rationale behind the conflict. They argued that Iran posed no imminent threat, making the war unconstitutional without congressional approval under the War Powers Resolution.
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Now, they’ve loaded up six new resolutions to continue that push.
“We’re going to have a debate and a vote every week in the United States Senate until either this war comes to an end or our Republican colleagues decide to do their constitutional duty,” Sen. Chris Murphy, D-Conn., said.
Most Republicans, for now, aren’t breaking with the president. But a 60-day deadline that will require either Congress to weigh in or Trump to cease hostilities is fast approaching, and it’s raising questions among some in the GOP.
Under the War Powers Resolution, Trump has 60 days until Congress is required to weigh in and either authorize or disapprove of the war. If the latter, the administration has 30 days to draw down forces in Iran.
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“The president needs to come to Congress in the absence of some imminent threat to the country or an attack on the country, to seek an authorization,” Sen. Adam Schiff, D-Calif., said. “Otherwise, it’s illegal to make war as he’s doing.”
Sen. Lisa Murkowski, R-Alaska, who has bucked Trump before on Venezuela but toed the party line on Iran, is drafting an Authorization for the Use of Military Force (AUMF) on the war in Iran, describing the effort in an interview with The New York Times as a way to put parameters around Operation Epic Fury.
When asked by Fox News Digital if she was still working on the AUMF, she said, “Uh huh, I’m working on so much.”
Whether Republicans will support the administration and authorize the war remains an open question. Sen. Rand Paul, R-Ky., who has sided with Senate Democrats on each effort to handcuff Trump’s war powers, wouldn’t say how he’d vote on a potential AUMF.
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“I’m not for the war in Iran, I think it’s a war of choice but not my choice,” he said.
Others see an AUMF as a potentially useful tool, if successful, for Trump and his efforts in the Middle East.
“I think maybe an AUMF could be an advantage for the president, to say, even Congress is here for the long time, removing the political calculation that maybe the president doesn’t have Congress’ support,” Sen. Thom Tillis, R-N.C., said.
Still, the economic toll at the pump and on goods is making Republicans’ constituents feel the immediate pain of the conflict.
Senate Majority Leader John Thune, R-S.D., acknowledged the crunch that the war was having on the cost of fertilizer in his agriculture-heavy state, but he questioned the authority of the War Powers Resolution.
“If you accept the war powers as being constitutional, it would be the threshold under which that law would apply,” Thune said. “But I think, you know, at least right now, the steps that have been taken so far I think have been very effective and successful. But we do, they need a plan out, how to wind this down, how to get an outcome.”
Democrats still argue that the war was illegal to begin with and have no plans of letting up on their war powers push, even as the deadline nears.
“If the president has a plan, he can come to Congress and ask for authorization, and we can have the debate we should have had beforehand,” Sen. Jeff Merkley, D-Ore., said.
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