This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

Across the country, federal judges are calling out Department of Justice lawyers, questioning in unprecedented ways whether they can be trusted to tell the truth or uphold centuries-old legal norms.

From Washington, D.C., to Rhode Island to Oregon, federal judges nominated by presidents from both parties, including Donald Trump, have zeroed in on what’s called “the presumption of regularity.” It essentially means that judges must presume that the government — whether it be federal prosecutors, an IRS auditor or an FBI agent — did their jobs according to the rules and in good faith.

Until Trump’s second term, which has seen an exodus of veteran DOJ lawyers and a transformative shift in priorities from issues like enforcing civil rights to instead defending a mass deportation agenda, this foundational tenet had rarely been discussed in federal courtrooms, former judges, lawyers and scholars say. But as Trump’s DOJ exhibits behavior that judges have called “unlawful,” “unethical,” “unseemly” or otherwise dishonest, adherence to that bedrock standard is now being questioned.

ProPublica reviewed hundreds of cases since Trump retook the White House in which judges criticized the actions of DOJ lawyers and found more than 40 in which they explicitly referenced the presumption of regularity. In many cases, judges have expressed frustration that they can no longer take the government at its word.

“Judges simply don’t believe the representations that are being made by United States attorneys, assistant United States attorneys and the like,” said John E. Jones, a former federal judge for the District of Pennsylvania, appointed by President George W. Bush.

“I don’t think in the annals of the Department of Justice, in the history of jurisprudence in the United States, we’ve ever seen anything close to this.”

In Rhode Island in May, Trump-appointed federal Judge Mary McElroy rebuked federal prosecutors’ conduct — saying they withheld information and misrepresented facts — as she quashed their requests for a subpoena in their investigation into a hospital’s care of transgender children. The judge alleged the DOJ had inappropriately claimed its investigation was operating out of Texas to secure subpoenas targeting sensitive medical records of patients in another state and that it falsely claimed the Rhode Island hospital hadn’t communicated with the department.

“The discrepancy between the honorable conduct expected of federal prosecutors and DOJ’s tactics in this case is unsettling,” McElroy wrote. “The Court cannot help but share the sentiment that ‘[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word — with little doubt about its intentions and stated purposes — no longer holds.’”

Judges have emitted a chorus of condemnations against the legal basis for some of Trump’s political agenda, including the mass firings of federal workers, an immigration dragnet that has imprisoned hundreds of U.S. citizens and retribution campaigns against the president’s political enemies.

In doing so, federal judges are imbuing forceful language into their orders in a way that scholars say signals to the Trump administration that the third branch of government is losing trust in the Justice Department.

Federal judges rarely grant interviews, and none of the judges who criticized the Justice Department in their orders granted interviews to ProPublica.

In a statement, a spokesperson for the DOJ said its attorneys are “dedicated public servants who represent the United States with integrity, in accordance with their ethical obligations and the law.”

“The Department stands firmly behind the professionalism and good faith of its attorneys,” said spokesperson Kiersten Pels. The White House did not respond to a request for comment.

Federal judges have found that the government filed statements generated by artificial intelligence that referenced nonexistent case law, wrote briefs that ignored facts and filed declarations with inaccurate dates, the ProPublica review shows.

In one case, the government included documentation claiming a detainee had been convicted of marijuana possession in 2009. That detainee, the judge noted, citing what she called the government’s persistent “sloppiness,” would have been 4 years old.

“This Court will no longer blindly accept statements of fact from [the U.S. government] unless they are made under oath by an individual with personal knowledge,” Judge Christine O’Hearn, a President Joe Biden appointee, wrote in New Jersey while reviewing a writ of habeas corpus petition filed by a man who claimed he was unlawfully imprisoned by immigration officers. O’Hearn accused the government of defying her orders when, instead of releasing the man, Immigration and Customs Enforcement transferred him to a different facility in New York.

In Minnesota, the state’s top political leaders had publicly clashed with the administration following the violent ICE raids that led to the deaths of two U.S. citizens. Then the administration filed a flurry of subpoenas against them.

Last month, Judge Patrick J. Schiltz, who was appointed by George W. Bush and clerked for Supreme Court Justice Antonin Scalia, slammed the government’s actions and “spurious claims,” saying the presumption of regularity was being abused.

“Initiating a criminal investigation in order to harass political opponents or to coerce them into taking official action — particularly official action that the federal government cannot directly require those political opponents to take — is a blatantly unlawful and unethical use [of] the grand-jury process,” the judge wrote.

“Breakdown” of a Presumption

The presumption of regularity creates a high bar for those suing the government or defending themselves against it in criminal cases. They often must provide evidence that the government willfully violated a policy or otherwise deviated from its charge — that is, did something irregular — to overcome the standard.

It’s a shield the government wields often, with little notice, and one that is almost always successful. But overcoming that presumption has become increasingly common under Trump’s second term, according to court watchers.

About half of the cases ProPublica identified as questioning the presumption come from districts, including D.C., Maryland and Virginia, where by proximity and jurisdiction many of Trump’s actions are challenged and often heard by Democratic-nominated judges. The Southern District of New York, which has issued repeated rebukes of Trump administration actions, and the Northern District of California, another Democratic stronghold, are other hotbeds of judicial scrutiny.

Last September, D.C. District Magistrate Judge Zia M. Faruqui accused the administration of working around the federal grand jury process, getting an indictment from a state court after prosecutors had failed to get one in his court, which he called “unseemly,” if not “unlawful.” He fired off one of the earliest signs that the presumption itself could come into question.

“This only deepens the growing mistrust of the actions of prosecutors,” the judge wrote. “That is a sentiment that was once unthinkable, but the irregular is now the regular.” While the case was largely managed by assistant U.S. attorney Caelainn Carney, according to court transcripts, Faruqui was aiming his frustration at her bosses, including senior prosecutor Jonathan R. Hornok, and the leadership at DOJ. Neither attorney responded to requests for comment.

Pels, the DOJ spokesperson, told ProPublica that Faruqui “was wrong on the law” and noted that after the government appealed to the district’s chief judge, his order was overruled. “Judge Faruqui has a long-standing documented pattern of editorializing from the bench beyond the scope of the cases before him,” Pels added.

But in recent months, skepticism about the presumption has also come from judges appointed by Republicans, such as McElroy, or in GOP strongholds.

In Indiana, Trump-appointed federal Judge James Patrick Hanlon ordered the release of Salah Sarsour, president of the Islamic Society of Milwaukee and a lawful U.S. resident, from ICE custody in March. Sarsour’s lawyers argued the government had targeted him to suppress his First Amendment right to free speech. The DOJ invoked the presumption of regularity and argued his arrest was part of an anti-terrorism dragnet, which the judge threw out.

In the Southern District of Ohio, Judge Michael R. Barrett, appointed by George W. Bush, ordered ICE to release a detainee after concluding the presumption had been overcome because the government hadn’t presented a reasonable argument that the man was a flight risk.

News outlets, including CNN, have documented federal judges’ ire with Trump’s DOJ, and some of the cases under question have been well-publicized, such as the government’s illegal deportation of Maryland resident Kilmar Abrego Garcia to El Salvador. In that case, Judge Paula Xinis, a President Barack Obama appointee, criticized the government, saying, “You have taken the presumption of regularity, and you’ve destroyed it.”

Many of the rulings challenged one of Trump’s hallmark efforts: immigration enforcement and deportations.

“The presumption of regularity and integrity previously and routinely afforded to the Executive branch and the United States Attorney’s Office has been undeniably eroded in this jurisdiction and across the country,” O’Hearn wrote in February, noting that the federal government had repeatedly violated court orders in her district and others related to immigration operations.

In another immigration detention case, this one in Washington state, Biden-appointed Judge Lauren King said, “[t]he ‘presumption of regularity’ is dislodged here by the numerous factual errors in Respondents’ filings and by their conflicting representations.”

Jeremy Fogel, executive director of the Berkeley Judicial Institute and a former federal judge from California, said what’s happening in the courts feels more like a “political conflict” than the normal ebb and flow of the justice system.

“It’s really one branch that is really sort of questioning the legitimacy of the other one,” Fogel said. “I think the judges are trying to stand up for the legitimacy of their branch.”

Just Security, an online law and policy journal, has been tracking cases in which federal judges have admonished Trump’s prosecutors, including those involving the presumption.

“We’re witnessing a breakdown in the ways in which any administration ordinarily carries out its responsibilities, through the Justice Department in particular,” said Ryan Goodman, Just Security’s co-editor-in-chief.

Erosion of Trust, Ethics Inquiries

The erosion of trust from the federal bench comes as Trump has profoundly shifted priorities at the DOJ to align with his political platform: ending civil rights and diversity programs, deporting immigrants and stripping away environmental protections.

Those who deal with DOJ lawyers have noticed the difference in court.

Mitch Bernard, chief counsel at the nonprofit Natural Resources Defense Council, has faced off on environmental issues with the DOJ many times. Although they may disagree, he said, he always expected his opponents to be “fair and above board.”

That dynamic is gone, he said.

“I would call it a transformation of the role of the Justice Department,” he said. “There are many different judges in different jurisdictions not only ruling against the government but calling the government out for dishonesty and dissembling, and that’s an extraordinary thing.”

The result, Bernard said, is that “the government will lose more cases as a result of the way the Justice Department is behaving.”

Meanwhile, groups such as his are benefitting from the government brain drain. “We hired 10 litigating attorneys last year,” he said. Of those, eight came from the DOJ.

Judges aren’t just losing faith in the DOJ. Some are pushing to sanction Justice Department lawyers.

This month, Miami federal Judge Kathleen M. Williams ruled that Trump’s lawsuit against the IRS was an improper exercise in self-enrichment, citing the president’s lawyers for a series of misstatements in the case.

The Obama appointee referred the lawyer who brought the president’s case against the IRS, Alejandro Brito, to the Florida Bar for potential disciplinary proceedings. She also forwarded her ruling to disciplinary officials in New York, who had earlier received an ethics complaint about acting Attorney General Todd Blanche.

A DOJ spokesperson called the Blanche case “nothing more than a politically motivated bar complaint, filed by partisan activists who disagree with this Administration’s policies.” Brito did not respond to a request for comment.

In Rhode Island, McElroy referred DOJ lawyers to a review board for possible discipline for their handling of the hospital investigation.

“As citizens, we trust that federal prosecutors, when wielding this awesome power against a state, a company, or certainly against vulnerable children, will play fair and be honest with its counterparts and the judiciary,” McElroy wrote. “DOJ has proven unworthy of this trust at every point in this case.”

This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

As an asylum-seeker living in the U.S., Jasmir Urbina worried as she watched violence break out amid the military-style immigration sweeps across the country. Then she read about legal residents being arrested at immigration court and wondered when federal agents would set their sights on her city.

Urbina had fled Nicaragua in 2022 and legally resided with her husband, a fellow asylum-seeker, in New Orleans while reporting to immigration agents for check-ins as she awaited her day in court. Finally, the date was approaching, in late November 2025. Days later, the Trump administration would flood the region with federal officers in “Operation Swamp Sweep.”

Urbina, 35, began searching for a Spanish speaker who could help her, and said she stumbled on a Facebook post advertising the services of Catholic Charities, a prominent aid organization whose services include assisting immigrants. After a few clicks, she connected via WhatsApp with “Susan Millan,” who claimed to have a law degree. The woman’s photo looked professional, showing a small library in the blurry background, according to a screenshot Urbina shared with ProPublica. The asylum-seeker said she discussed her predicament with the woman she thought was an attorney.

Millan told Urbina the ordeal could be settled over a virtual hearing with U.S. immigration authorities. Millan sprinkled in details about her own life — a sick husband, two kids, a supportive church — so Urbina felt comfortable. In an interview, Urbina said she completed paperwork to be sent to U.S. Citizenship and Immigration Services, for a fee. Millan’s organization asked her for documentation, including five character references; for another fee, it would submit these up the line. Through the payment app Zelle, Urbina and her husband paid nearly $10,000, according to her financial records, money they had set aside to buy their first home.

On Nov. 21, Urbina made the case that a “credible fear” was keeping her from going home. In the virtual hearing, which lasted five minutes, she said she spoke to a man dressed in a green uniform, stitched with what looked like government insignia, seated in front of an American flag. A day later, via WhatsApp, Millan told her she “won residency.” Her documents would be in the mail.

In an instant, Urbina’s fears had been assuaged. She asked if she should still attend her court date, Nov. 24. “No, don’t worry,” she remembers the woman replying. “There’s no need.”

But when Urbina asked to speak with someone in a message to Millan’s phone number the next day, according to screenshots she shared with ProPublica, the WhatsApp chat fell silent. After two days, she suspected she’d been duped and wrote in anger: “God is with us and He fights for His children; today you messed with the wrong person and you will get your payment from the Most High, you cowards.”

There was no attorney named Susan Millan associated with Catholic Charities, and the deceit was just one example of hundreds that the group has become aware of when desperate immigrants eventually reach the real organization.

“There’s a reason why we have a good reputation,” said Chris Ross, vice president of migration and refugee resettlement services at Catholic Charities. “And so for someone to be trading on that goodwill with nefarious intent is very frustrating.”

Urbina had fallen prey to “notario fraud,” in which scammers provide legal advice, often by saying they’re public notaries or other legal professionals. In many Latin American countries, a public notary is the equivalent of a lawyer, and notario fraudsters rely on this mistranslation to fake credentials.

Urbina shared documents that detail how she was lured into the scam, and ProPublica corroborated her story with her husband and Catholic Charities. After Urbina told local and federal authorities she had been tricked out of her day in court, Immigration and Customs Enforcement switched her scheduled December virtual check-in to an in-person meeting. When she showed up, agents arrested her. In January, she said, officers shackled her hands and feet and loaded her on a plane to Nicaragua.

She’d been scammed, then deported.

A spokesperson with the Department of Homeland Security, which oversees ICE, did not respond to questions about Urbina’s case but said, “Anyone caught impersonating a federal immigration agent will be prosecuted to the fullest extent of the law.” New Orleans police did not answer ProPublica’s questions about a complaint she filed.

Scams like those that destroyed Urbina’s dreams are on the rise, federal data analyzed by ProPublica shows, as profiteers seize on the fear and confusion wrought by President Donald Trump’s immigration crackdown.

Complaints of immigration scams have doubled since Trump was elected, ProPublica found in analyzing more than 6,200 complaints filed with the Federal Trade Commission by victims and advocates over the last five years.

From the start of 2021 through the election in fall of 2024, the FTC — the nation’s top consumer protection agency — fielded about 960 immigration complaints per year, such as reports of fake attorneys offering services or people impersonating federal officers. In 2025, the commission received nearly 2,000 complaints.

In all, at least $94.4 million was reported stolen in complaints to the FTC over five years. That number is certainly an undercount, as not all immigrants report wrongdoing for fear of deportation, and not every report included dollar amounts.

The spike in complaints is so severe that many states and legal organizations have alerted the public about them. California’s and North Carolina’s attorneys general released statements in late 2025, as did the American Bar Association and AARP. In June 2025, the New York City Council passed legislation increasing notario fraud penalties, and a similar law passed in Florida.

“Immigration scammers contribute to a lawless environment, undermining our immigration system,” said Zach Kahler, a spokesperson for Citizenship and Immigration Services, the agency Urbina falsely thought had awarded her residency. Online, the agency provides guides on how to spot immigration fraud and warns consumers that it does not use WhatsApp. The agency tells people who think they’ve been scammed to complain to the FTC.

Old Problem, New Sophistication

Scams targeting those mired in the U.S. immigration system are not new, but advocates say predators have become more sophisticated, using technologies like artificial intelligence and targeted ads. At the same time, immigrants have become increasingly anxious about speedy mass deportations, creating a bonanza for those looking to cash in.

“I believe AI is being utilized in these scams pretty effectively. People think they’re talking to a real person, or the logos and stuff look pretty professional to the untrained eye,” said Ross, of Catholic Charities.

Many victims say they were duped by scammers who had professional-looking photos, wore immigration uniforms and staged realistic virtual hearings.

A review of the image of the person named Millan who was supposedly helping Urbina suggests that it was AI-generated.

Ross added: “The biggest thing is the desperation — that’s really what’s driving this.”

In San Diego, attorneys working for the city have been impersonated by scammers. City Attorney Heather Ferbert told ProPublica her office has forwarded these cases to the FBI and warned residents to be on the lookout for advertisements that promise a government official or lawyer can help with immigration proceedings. The FBI declined to comment.

“When you add the title and you add the government weight behind it — the city attorney’s office, the district attorney’s office, for example — the targets are sort of lulled,” Ferbert said. “We’ve heard stories where they promise that they can solve their immigration problems for them. No real lawyer is ever going to promise an outcome to you.”

Other scams extend beyond impersonating lawyers. The FTC complaints include a case in which people posing as Department of Homeland Security immigration officers received more than $600,000 from a family by claiming one of the relatives’ identities had been stolen and they needed to pay to protect it. In West Virginia, a “federal agent” threatened to deport a college student who was close to graduating unless they paid nearly $4,000 in gift cards.

“They claimed that if I did not comply immediately, I would be arrested, detained or deported,” wrote the student, who was legally residing in the U.S. on a student visa. The student, whose name was not disclosed in federal data, used prepaid Dollar General gift cards and then went broke and turned to family for help.

Immigrants from India and Bangladesh were told they had failed to update a necessary form and would be arrested and deported immediately unless they shared their Social Security numbers. Other scammers claimed the government had intercepted packages full of money and drugs addressed to immigrants, who were told to make a payment or face arrest.

“Well-Oiled Machine”

Most victims find the fake attorneys advertising on Facebook or TikTok. Facebook’s parent company, Meta, has pledged to delete scam accounts and announced new tools to track them.

Charity Anastasio, practice and ethics counsel for the American Immigration Lawyers Association, said the ads are often pay-per-click and targeted at Spanish-speaking users.

“They’ve designed such a well-oiled machine,” Anastasio said.

The ads appealed to those in deportation proceedings, clinging to any means to stay in the U.S., but also those who may have wanted to get their paperwork in order ahead of Trump’s crackdown, said Adonia Simpson, an attorney with the American Bar Association.

“A lot of people are trying to preemptively get representation to see what their options are,” Simpson told ProPublica. “The enforcement has been a big driver. It’s caused a lot of people to be very fearful.”

The White House declined to comment.

In October 2024, 56-year-old José Aguilar, who had been granted temporary protected status under George W. Bush’s administration, was in just that position when he came upon a Facebook ad. The advertiser claimed to work for Jorge Rivera, a well-known Miami immigration attorney, and promised Aguilar they could get him permanent residency. It would take $15,000. ProPublica sought comment from the real Rivera, who is not accused of wrongdoing; he did not respond.

A leather factory worker in Minnesota who had fled El Salvador, Aguilar cobbled together the money in installments through loans from friends and that year’s tax refund. Over several months, he had four video calls with the fake attorney and two calls with immigration agent impersonators. He was initially skeptical but became convinced when they sent him videos of residency cards with the Citizenship and Immigration Services logo.

“Don’t try to deceive me, because I’m borrowing money, I’m a man of faith, and I’m a person who has had a heart transplant, so I can’t get angry because it hurts me,” Aguilar remembered saying.

“No, don’t worry, sir,” Aguilar said the scammer responded. “This is real. It’s super real.”

During one of their last conversations, Aguilar says the scammer appealed to their shared Christian faith, thanking God for approving the paperwork and earning him residency.

By February 2025, the scammers had stopped responding. A month later, Aguilar realized he was probably never going to get the residency cards and contacted an attorney who confirmed he had been duped. Aguilar, who has two young daughters, says his family is subsisting on food banks and relies on donations for rent.

“It’s unforgivable,” Aguilar said. “Even bringing God into it.” 

Mother and Daughter Torn Apart

For Mariela, an undocumented Honduran mother of three, financial stress began long ago. In 2021, the father of her children headed for the U.S. along with one of their daughters, seeking construction work. Two years later, when she traveled 2,000 miles in blistering heat to join them, she broke her arm in three places after falling into the Rio Grande while crossing the border. ProPublica is withholding her last name because she fears being deported.

And then, in October 2025, immigration agents detained her 20-year-old daughter. Desperate, the mother reached out to what she thought was a Catholic Charities Facebook page.

She was pulled into a scheme involving a man who posed as a priest, another posing as an immigration judge, and another posing as Oscar Carrillo, an attorney licensed in Texas who practices tax law.

The real Carrillo told ProPublica he began getting calls from frustrated immigrants last spring, all of them Spanish speakers who claimed they had been referred by Catholic Charities. When he realized his name and photo were being misused, he alerted the FBI and FTC. The State Bar of Texas has posted a public warning on its webpage about Carrillo impersonators.

“Most of these clients, because of their immigration status, are afraid to report this to the police,” Carrillo said. “I feel sorry for these clients. We’re not talking about wealthy individuals.”

In January, after her daughter was deported, Mariela realized the fraudsters had cheated her out of more than $18,000 over three months.

She said she had borrowed $3,000 from an uncle in Honduras, another $1,500 from a cousin, a few thousand from her boss, and another $2,000 from a friend from her Honduran hometown who had also emigrated to the U.S. In addition, she burned through her savings and her daughter’s.

Public Alerts, Little Recourse

Since the beginning of Trump’s second term, local law enforcement, advocacy groups, state attorneys general and law firms have published notices warning immigrants about an uptick in scams.

“Our best advice is to make direct contact, outside of social media channels, with the organization you’re seeking help from,” said Kevin Brennan, vice president for media relations at Catholic Charities. “Call the organization on the phone or visit an office in person.”

Scammers show no signs of retreat.

In April, three months after her deportation to Nicaragua, Urbina received a call from someone claiming to be a lawyer. He said that he’d been referred to her by a bishop with Catholic Charities and that he’d help her obtain immigration papers.

The stress of being scammed and separated from her husband, who remains in the U.S., had taken a toll. “I’ve been through a lot of things, one right after the other,” Urbina said. She’s living with her mother in a remote village, afraid to step outside in a country where the government has ramped up surveillance of those who previously moved to the U.S.

Desperate, she gave the “lawyer” her personal information.

After earlier saying his help would be free, he then asked for money, she said.

“Where did you get my number?” she asked.

Intrigued but skeptical, Urbina followed up with WhatsApp messages, hoping he might really be an immigration attorney.

She never heard from him again.

This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

When Immigration and Customs Enforcement officers stormed through Santa Ana, California, in June, panicked calls flooded into the city’s emergency response system.

Recordings of those calls, obtained by ProPublica, captured some of the terror residents felt as they watched masked men ambush people and force them into unmarked cars. In some cases, the men wore plain clothes and refused to identify themselves. There was no way to confirm whether they were immigration agents or imposters. In six of the calls to Santa Ana police, residents described what they were seeing as kidnappings.

“He’s bleeding,” one caller said about a person he saw yanked from a car wash lot and beaten. “They dumped him into a white van. It doesn’t say ICE.”

One woman’s voice shook as she asked, “What kind of police go around without license plates?”

And then this from another: “Should we just run from them?”

During a tense public meeting days later, Mayor Valerie Amezcua and the City Council asked their police chief whether there was anything they could do to rein in the federal agents — even if only to ban the use of masks. The answer was a resounding no. Plus, filing complaints with the Department of Homeland Security was likely to go nowhere because the office that once handled them had been dismantled. There was little chance of holding individual agents accountable for alleged abuses because, among other hurdles, there was no way to reliably learn their identities.

Since then, Amezcua, 58, said she has reluctantly accepted the reality: There are virtually no limits on what federal agents can do to achieve President Donald Trump’s goal of mass deportations. Santa Ana has proven to be a template for much larger raids and even more violent arrests in Chicago and elsewhere. “It’s almost like he tries it out in this county and says, ‘It worked there, so now let me send them there,’” Amezcua said.

Current and former national security officials share the mayor’s concerns. They describe the legions of masked immigration officers operating in near-total anonymity on the orders of the president as the crossing of a line that had long set the United States apart from the world’s most repressive regimes. ICE, in their view, has become an unfettered and unaccountable national police force. The transformation, the officials say, unfolded rapidly and in plain sight. Trump’s DHS appointees swiftly dismantled civil rights guardrails, encouraged agents to wear masks, threatened groups and state governments that stood in their way, and then made so many arrests that the influx overwhelmed lawyers trying to defend immigrants taken out of state or out of the country.

And although they are reluctant to predict the future, the current and former officials worry that this force assembled from federal agents across the country could eventually be turned against any groups the administration labels a threat.

One former senior DHS official who was involved in oversight said that what is happening on American streets today “gives me goosebumps.”

Speaking on condition of anonymity for fear of retaliation, the official rattled off scenes that once would’ve triggered investigations: “Accosting people outside of their immigration court hearings where they’re showing up and trying to do the right thing and then hauling them off to an immigration jail in the middle of the country where they can’t access loved ones or speak to counsel. Bands of masked men apprehending people in broad daylight in the streets and hauling them off. Disappearing people to a third country, to a prison where there’s a documented record of serious torture and human rights abuse.”

The former official paused. “We’re at an inflection point in history right now and it’s frightening.”

Although ICE is conducting itself out in the open, even inviting conservative social media influencers to accompany its agents on high-profile raids, the agency operates in darkness. The identities of DHS officers, their salaries and their operations have long been withheld for security reasons and generally exempted from disclosure under the Freedom of Information Act. However, there were offices within DHS created to hold agents and their supervisors accountable for their actions on the job. The Office for Civil Rights and Civil Liberties, created by Congress and led largely by lawyers, investigated allegations of rape and unlawful searches from both the public and within DHS ranks, for instance. Egregious conduct was referred to the Justice Department.

The CRCL office had limited powers; former staffers say their job was to protect DHS by ensuring personnel followed the law and addressed civil rights concerns. Still, it was effective in stalling rushed deportations or ensuring detainees had access to phones and lawyers. And even when its investigations didn’t fix problems, CRCL provided an accounting of allegations and a measure of transparency for Congress and the public.

The office processed thousands of complaints — 3,000 in fiscal year 2023 alone — ranging from allegations of lack of access to medical treatment to reports of sexual assault at detention centers. Former staffers said around 600 complaints were open when work was suspended.

The administration has gutted most of the office. What’s left of it was led, at least for a while, by a 29-year-old White House appointee who helped craft Project 2025, the right-wing blueprint that broadly calls for the curtailment of civil rights enforcement.

Meanwhile, ICE is enjoying a windfall in resources. On top of its annual operating budget of $10 billion a year, the so-called One Big Beautiful Bill included an added $7.5 billion a year for the next four years for recruiting and retention alone. As part of its hiring blitz, the agency has dropped age, training and education standards and has offered recruits signing bonuses as high as $50,000.

“Supercharging this law enforcement agency and at the same time you have oversight being eliminated?” said the former DHS official. “This is very scary.”

Michelle Brané, a longtime human rights attorney who directed DHS’ ombudsman office during the Biden administration, said Trump’s adherence to “the authoritarian playbook is not even subtle.”

“ICE, their secret police, is their tool,” Brané said. “Once they have that power, which they have now, there’s nothing stopping them from using it against citizens.”

Tricia McLaughlin, the DHS assistant secretary for public affairs, refuted descriptions of ICE as a secret police force. She called such comparisons the kind of “smears and demonization” that led to the recent attack on an ICE facility in Texas, in which a gunman targeted an ICE transport van and shot three detained migrants, two of them fatally, before killing himself.

In a written response to ProPublica, McLaughlin dismissed the current and former national security officials and scholars interviewed by ProPublica as “far-left champagne socialists” who haven’t seen ICE enforcement up close.

“If they had,” she wrote, “they would know when our heroic law enforcement officers conduct operations, they clearly identify themselves as law enforcement while wearing masks to protect themselves from being targeted by highly sophisticated gangs” and other criminals.

McLaughlin said the recruiting blitz is not compromising standards. She wrote that the Federal Law Enforcement Training Center is ready for 11,000 new hires by the beginning of next year and that training has been streamlined and boosted by technology. “Our workforce never stops learning,” McLaughlin wrote.

White House spokesperson Abigail Jackson also praised ICE conduct and accused Democrats of making “dangerous, untrue smears.”

“ICE officers act heroically to enforce the law, arrest criminal illegal aliens and protect American communities with the utmost professionalism,” Jackson said. “Anyone pointing the finger at law enforcement officers instead of the criminals are simply doing the bidding of criminal illegal aliens and fueling false narratives that lead to violence.”

Homeland Security Secretary Kristi Noem, the Trump pick who fired nearly the entire civil rights oversight staff, said the move was in response to CRCL functioning “as internal adversaries that slow down operations,” according to a DHS spokesperson.

Trump also eliminated the department’s Office of the Citizenship and Immigration Services Ombudsman, which was charged with flagging inhumane conditions at ICE detention facilities where many of the apprehended immigrants are held. The office was resurrected after a lawsuit and court order, though it’s sparsely staffed.

The hobbling of the office comes as the White House embarks on an aggressive expansion of detention sites with an eye toward repurposing old jails or building new ones with names that telegraph harsh conditions: “Alligator Alcatraz” in the Florida Everglades, built by the state and operated in partnership with DHS, or the “Cornhusker Clink” in Nebraska.

“It is a shocking situation to be in that I don’t think anybody anticipated a year ago,” said Erica Frantz, a political scientist at Michigan State University who studies authoritarianism. “We might’ve thought that we were going to see a slide, but I don’t think anybody anticipated how quickly it would transpire, and now people at all levels are scrambling to figure out how to push back.”

“Authoritarian Playbook”

Frantz and other scholars who study anti-democratic political systems in other countries said there are numerous examples in which ICE’s activities appear cut from an authoritarian playbook. Among them was the detention of Tufts University doctoral student Rümeysa Öztürk, who was apprehended after co-writing an op-ed for the campus paper that criticized the school’s response to the war in Gaza. ICE held her incommunicado for 24 hours and then shuffled her through three states before jailing her in Louisiana.

“The thing that got me into the topic of ‘maybe ICE is a secret police force’?” said Lee Morgenbesser, an Australian political science professor who studies authoritarianism. “It was that daylight snatching of the Tufts student.”

Morgenbesser was also struck by the high-profile instances of ICE detaining elected officials who attempted to stand in their way. Among them, New York City Comptroller Brad Lander was detained for demanding a judicial warrant from ICE, and U.S. Sen. Alex Padilla was forcibly removed from a DHS press conference.

And David Sklansky, a Stanford Law School professor who researches policing and democracy, said it appears that ICE’s agents are allowed to operate with complete anonymity. “It’s not just that people can’t see faces of the officers,” Sklansky said. “The officers aren’t wearing shoulder insignia or name tags.”

U.S. District Judge William G. Young, a Ronald Reagan appointee, recently pointed out that use of masked law enforcement officers had long been considered anathema to American ideals. In a blistering ruling against the administration’s arrests of pro-Palestinian protesters, he wrote, “To us, masks are associated with cowardly desperados and the despised Ku Klux Klan. In all our history we have never tolerated an armed masked secret police.” The Trump administration has said it will appeal that ruling.

Where the Fallout is Felt

The fallout is being felt in places like Hays County, Texas, not far from Austin, where ICE apprehended 47 people, including nine children, during a birthday celebration in the early morning of April 1.

The agency’s only disclosure about the raid in Dripping Springs describes the operation as part of a yearlong investigation targeting “members and associates believed to be part of the Venezuelan transnational gang, Tren de Aragua.”

Six months later, the county’s top elected official told ProPublica the federal government has ignored his attempts to get answers.

“We’re not told why they took them, and we’re not told where they took them,” said County Judge Ruben Becerra, a Democrat. “By definition, that’s a kidnapping.”

In the raid, a Texas trooper secured a search warrant that allowed law enforcement officers to breach the home, an Airbnb rental on a vast stretch of land in the Hill Country. Becerra told ProPublica he believes the suspicion of drugs at the party was a pretense to pull people out of the house so ICE officers who lacked a warrant could take them into custody. The Texas Department of Public Safety did not respond to a request for comment.

The Trump administration has yet to produce evidence supporting claims of gang involvement, said Karen Muñoz, a civil rights attorney helping families track down their relatives who were jailed or deported. While some court documents are sealed, nothing in the public record verifies the gang affiliation DHS cited as the cause for the birthday party raid.

“There’s no evidence released at all that any person kidnapped at that party was a member of any organized criminal group,” Muñoz said.

McLaughlin, the DHS spokesperson, did not respond to questions about Hays County and other raids where families and attorneys allege a lack of transparency and due process.

In Plain Sight

Months after ICE’s widely publicized raids, fear continues to envelop Santa Ana, a majority-Hispanic city with a large immigrant population. Amezcua, the mayor, said the raids have complicated local policing and rendered parents afraid to pick up their children from school. The city manager, a California-born citizen and Latino, carries with him three government IDs, including a passport.

Raids of car washes and apartment buildings continue, but the community has started to “push back,” Amezcua said. “Like many other communities, the neighbors come out. People stop in the middle of traffic.”

With so few institutional checks on ICE’s powers, citizens are increasingly relying on themselves. On at least one occasion in nearby Downey, a citizen’s intervention had some effect.

On June 12, Melyssa Rivas had just started her workday when a colleague burst into her office with urgent news: “ICE is here.”

The commotion was around the corner in Rivas’ hometown, a Los Angeles suburb locals call “Mexican Beverly Hills” for its stately houses and affluent Hispanic families. Rivas, 31, the daughter of Mexican immigrants, belongs to Facebook groups where residents share updates about cultural festivals, church programs and, these days, the presence of Trump’s deportation foot soldiers.

Rivas had seen posts about ICE officers sweeping through LA and figured Downey’s turn had come. She and her co-worker rushed toward the sound of screaming at a nearby intersection. Rivas hit “record” on her phone as a semicircle of trucks and vans came into view. She filmed at least half a dozen masked men in camouflage vests encircling a Hispanic man on his knees.

Her unease deepened as she registered details that “didn’t seem right,” Rivas recalled in an interview. She said the parked vans had out-of-state plates or no tags. The armed men wore only generic “police” patches, and most were in street clothes. No visible insignia identified them as state or federal — or even legal authorities at all.

“When is it that we just decided to do things a different way? There’s due process, there’s a legal way, and it just doesn’t seem to matter anymore,” Rivas said. “Where are human rights?”

Video footage shows Rivas and others berating the officers for complicity in what they called a “kidnapping.” Local news channels later reported that the vehicles had chased the man after a raid at a nearby car wash.

“I know half of you guys know this is fucked up,” Rivas was recorded telling the officers.

Moments later, the scene took a turn. As suddenly as they’d arrived, the officers returned to their vehicles and left, with no apology and no explanation to the distraught man they left on the sidewalk.

Through a mask, one of them said, “Have a good day.”