Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Welcome to the end of another week. Glad you’re still with us–and very glad to have had a chance to connect with some of you in person at the ABA/NLADA Conference in San Francisco this week! While we’ve been conferencing, the Trump Administration has been attempting (thus far without success) to install new employees at the Library of Congress and the Government Accountability Office. In Congress itself, the draft version of a new tax bill indicates a number of significant changes to the tax environment for universities and non-profits. CNN has obtained court documents indicating the government’s bold, aggressive strategy for convincing a court to grant them access to Columbia’s campus. And the National Center for Youth Law is hoping to take on some of the former efforts of the Department of Education.
As always, these stories and more are in the links below.
Solidarity,
“in the aftermath of recent Trump administration efforts to upend the leadership at the Library of Congress, officials with the non-department Department of Government Efficiency (DOGE) reached out to another legislative support agency — the U.S. Government Accountability Office — wanting to “assign a team” to GAO. Per a staff announcement on Friday, GAO — which describes itself as “an independent, non-partisan agency that works for Congress” — said no[:]
‘As a legislative branch agency, GAO is not subject to Executive Orders and has therefore declined any requests to have a DOGE team assigned to GAO.’”
“President Trump on Monday named the No. 2 official at the Justice Department and his former personal lawyer to serve as the acting librarian of Congress…Staff members at the library balked and called the U.S. Capitol Police as well as their general counsel, Meg Williams, who told the two officials that they were not allowed access to the Copyright Office and asked them to leave…Mr. Perkins and Mr. Nieves then left the building willingly, accompanied to the door by Ms. Williams. The library’s staff is recognizing Robert Newlen, the principal deputy librarian who was Dr. Hayden’s No. 2, as the acting librarian until it gets direction from Congress, one of the people familiar with the situation said.”
“While the takeover has been framed as part of Trump’s broader purge of diversity, equity, and inclusion (DEI) content, it is the latest effort by the president and his team to subsume the role of Congress and ensure it cannot do its job. An expert on the Library of Congress tells Rolling Stone that Trump’s takeover attempt is “dangerous,” given that the Library’s sub-agencies provide confidential legal advice to members of Congress and help police misconduct by lawmakers. The expert says the Trump administration is actively trying to place a landing team at the Library of Congress, noting that when Elon Musk’s so-called Department of Government Efficiency (DOGE) has done this elsewhere, the first thing that team does is hoover up and gain control over as much sensitive data as possible…Moreover, they note that the Congressional Research Service (CRS), an agency within the Library of Congress, “provides confidential advice to Congress, including confidential legal advice, and there is a database that has all the questions that every member has asked for the last 50 years and the answers. That cannot be made available.”” (emphasis added)
“Legacy Foundation has committed $600,000 to shore up slashed budgets for nonprofit organizations hit by state and federal budget cuts. Officials announced the new Lake County Resilience Grant program Thursday in Merrillville with several nonprofit leaders sharing the impact of the government funding cuts to their organizations.”
“Increase in Excise Tax on Investment Income of Private Colleges and Universities (Endowment Tax)…
Increase in Excise Tax on Private Foundation Investment Income…Expanded Scope of "Excess Compensation Tax" for Nonprofits…
Suspension of Tax-Exempt Status for Terrorist Supporting Organizations…This provision adopts language from prior proposed legislation, H.R. 9495 (dubbed by some as the "Nonprofit Killer Bill"), with some adjustments. It modifies IRC § 501(p) to grant authority to the Secretary of the Treasury to suspend the tax-exempt status of any organization designated as a "terrorist supporting organization." An organization may be designated a terrorist support organization if the Treasury Secretary determines that within the prior three years the organization provided more than a de minimis amount of material support or resources to a designated terrorist organization.”
“Last year, I warned that this legislation could be used by an administration interested in going after civil society by manipulating the language of national security…This year, we do not need to imagine attacks on NGOs generally and their tax-exempt status specifically as a scary hypothetical. It’s currently happening without this legislation…And lest one, for some reason, soothe oneself by saying that this will only (“only”) impact those engaged on issues related to Israel, Palestine, and antisemitism, the NGO sector itself knows that this is not true: Last month, there were reports that Trump was considering signing an executive order that would strip the tax-exempt status of environmental groups.”
“Court documents, including a newly unsealed search warrant affidavit, reveal authorities went further than previously known in their effort to target the students and the university…The affidavit shows that government officers asked Columbia to allow them into Chung’s university housing but were denied. At the time, Columbia would not permit access without a warrant signed by a judge…The federal agent who wrote the affidavit said he was not aware whether Chung had left her college apartment and that finding her there could be evidence of Columbia “harboring an alien.”
…“Columbia University has refused, and continues to refuse, to permit immigration officers to locate and arrest Ranjani Srinivasan and Yunseo Chung at their student housing and were and are thus concealing, harboring, or shielding from detection removable aliens, Ranjani Srinivasan and Yunseo Chung, or are conspiring to do so.”
Nathan Yaffe, Srinivasan’s former lawyer and part of the team representing Chung, said this made “no sense.”
“It’s incoherent to go to a judge and say, ‘On March 8, we terminated this person’s student status and within 72 hours that person had left the United States (but) we’re going to pursue harboring charges against the institution where she used to reside,” he told CNN. “That one is totally bizarre.”
The search warrants were authorized by a District Court Judge on March 13.”
“according to an internal memo, the agency will be deprioritizing the regulation of certain industries, including student loans and digital payments. While the memo notes that the CFPB is shifting away from supervision and enforcement of areas that can be handled by states, reduced federal support could make state regulatory enforcement more difficult.”
“[A] coalition of 40 attorneys general [sent] a letter to Congressional leaders opposing a proposed 10-year ban on states enforcing any state law or regulation addressing artificial intelligence (AI) and automated decision-making systems. The ban was included in the House Energy and Commerce Committee’s changes to the budget reconciliation bill.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Welcome to the end of another week. Glad you’re still with us. This week, the Trump Administration summarily fired the Librarian of Congress while former DOJ attorneys launched a new DC firm to contest the Administration’s ongoing reductions in force across the federal civil service. The specific effects of last week’s widespread grant terminations across DOJ’s grant portfolio are starting to come into focus. The Department of Education announced that people with student loans in default would be notified of their options soon and could lose federal benefits or see their wages garnished beginning this summer; the Department also sent a letter to Harvard University announcing that “Harvard should no longer seek GRANTS from the federal government since none will be provided.” In Louisville Kentucky, Black students from across the city were honored in an “Ascension Citywide Black Graduation Ceremony” unaffiliated with any of the local universities that had conferred on them their degrees.
As always, these stories and more are in the links below.
Solidarity,
“I enjoy my job and do not want to leave — but the administration’s hostility towards federal workers is seemingly increasing, and I know there is a decent likelihood I will have to begin a job search soon. I used to have a 5- and 10-year career plan, and now I’m not even sure what things will look like in five months.”
“Two former U. S. Department of Justice attorneys who recently left their government positions have launched a Washington D.C. -based firm they say will fight the Trump administration’s efforts to ‘dismantle the federal workforce.’ ”
“Hayden was formally notified of her termination in an email from the White House’s presidential personnel department just before 7 p.m. Thursday, according to a copy of the email reviewed by CQ Roll Call…The Library of Congress is the largest library in the world, with buildings located on the Capitol campus. While it is a legislative branch agency, the president has statutory authority to appoint the head of the Library of Congress, with Senate confirmation.” [emphasis added]
“Amy Solomon, former assistant attorney general who oversaw the Office of Justice Programs and now a senior fellow at the Council on Criminal Justice, said the cuts touched on every aspect of the department’s portfolio.”
“Among programs cut as the Trump administration slashed funding to AmeriCorps was Illinois JusticeCorps, a program that embedded volunteers in courthouses around the state to provide assistance and guidance through a variety of legal processes. One such volunteer is Jack Popovich, who is set to attend law school this fall but first planned to spend a year with JusticeCorps, operating the self-help desk at the Champaign County Courthouse.”
“Trump’s proposal calls for a $980 million reduction in funding for the program, which was appropriated $1.2 billion in fiscal year 2024. In his budget plan, the president called for Federal Work-Study to be run by the states and the colleges “that financially benefit from it.” “Reform of this poorly targeted program should redistribute remaining funding to institutions that serve the most low-income students and provide a wage subsidy to gain career-oriented opportunities to improve long-term employment outcomes of students,” it says.”
“In a three-page letter sent to Harvard University on Monday evening, the Department of Education said federal agencies will no longer provide the wealthy institution with any grant funding, alleging that Harvard has engaged in a “systemic pattern of violating federal law” and calling it a “mockery of this country’s higher education system.”…Some conservative policy experts see Monday’s move as an aggressive step to break Harvard’s silo from accountability…But Lynn Pasquerella, president of the American Association of Colleges and Universities, described Monday’s letter as a “particularly disturbing” and “unwarranted escalation of threats.””
“The U.S. Department of Education announced on Monday, May 5 that by the end of summer, 5.3 million defaulted student loan borrowers will receive a 30-day notice from the U.S. Department of Treasury, notifying them that they could lose federal benefits. About 195,000 defaulted student loan borrowers received this notice on Monday, and the first federal monthly benefit checks to be impacted are those scheduled for early June, a statement reads.”
“the Department will soon notify defaulted borrowers, requiring them to make payments, enroll in an income-driven repayment plan, or seek loan rehabilitation. The government plans to initiate collections this summer through tax refund offsets, federal pension garnishments, and wage garnishments if payments are not made. To ease the transition, the Department of Education is enhancing borrower support with extended call center hours, a new AI assistant, and an updated loan simulator.” [various emphasis removed]
“This means that, for students entering college or graduate school for the first time, the financial aid landscape could be grim. The Republican plan puts new limits on how much students in high-cost areas or in high-cost programs can borrow for tuition, books, room and board, even as moderate-income students will no longer be eligible for federal grants. Borrowing for graduate and professional school could be capped in a way that would make it much more difficult for lower-income students to pursue careers in medicine and law.” [emphasis added]
Conflicts Over Diversity, Equity, Inclusion, and Accessibility
“for every employee, student, faculty member, or administrator who formerly occupied a position with any DEI responsibilities, ‘mandate,’ duties, or title whatsoever, identify whether that individual’s position and title have been eliminated, whether the individual is still associated with the University in any official or unofficial, paid or unpaid capacity and, if so, the name and nature of that individual’s current title or position.”
“Gov. Patrick Morrisey praised the passage of bills codifying his executive order banning diversity, equity and inclusion programs in state government and education programs; and a bill closing remaining loopholes that allowed for medication gender-affirming care.”
“Roughly 20 Black students from Louisville universities walked the stage at St. Stephen Baptist Church May 8 for the inaugural "Ascension Citywide Black Graduation Ceremony," hosted in resistance to recent state and federal crackdowns on anti-diversity, equity and inclusion practices in higher education. The event — unaffiliated with any local universities — welcomed students from the University of Louisville, Bellarmine University, Spalding University and Simmons College of Kentucky, who had their names called over a microphone and received certificates and roses to mark the occasion.”
“As Delaware implements its new right to representation law for tenants facing eviction, Wilmington City Council heard from legal aid leaders on Wednesday, who outlined progress made under the law and requested city support for a $786,000 settlement assistance fund to prevent further displacement.”
“For the first time in more than a decade, the San Francisco public defender’s office is so overloaded with cases that it has closed up shop. The office will decline new clients on one business day each week.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Welcome to May. The first of the month saw widespread protests by members of the legal profession, set to coincide with “Law Day”. In an Executive Order, President Trump directed AG Bondi to secure “private-sector pro bono assistance” for law enforcement officers subjected to litigation “for actions taken during the performance of their official duties to enforce the law.” At the Department of Justice, dramatic changes in government priorities have led to significant staff turnover, while elsewhere the agency indicated it intends to itself assume responsibility for advising families separated at the border during the first Trump administration. Federal workers subject to reductions in force are discovering that their health benefits may have been affected even during periods when they were employed. The Department of Government Efficiency turned its attention to AmeriCorps, cutting off a wide variety of grants including (apparently) some grants for legal services; multiple states have sued in response. In Congress, recently-revealed legislation does not propose to cut PSLF entirely. In civil society, the Wall St. Journal reported that a private collective of prominent university leaders are discussing how to assert their institutions’ independence from the Trump Administration.
As always, these stories and more are in the links below.
“The division changed mission statements across its sections to focus less on racial discrimination and more on fighting diversity initiatives. And department officials reassigned more than a dozen career staffers — including section chiefs overseeing police brutality, disability and voting rights cases — to areas outside their legal expertise…The division had about 380 attorneys when Trump began his second term in the White House. Approximately half have left or said they will leave, according to people familiar with the division…Dhillon, in her appearance on Beck’s podcast, acknowledged that recent departures had — for the moment — affected the resources her division could bring to bear on its newly established priorities. “We’re going to run out of attorneys to work on these things at some point,” she quipped. Still, she added, the civil rights division was looking to hire new lawyers. “I care that they’re willing to take direction and zealously enforce the civil rights of the United States, according to their [sic] priorities of the president,” Dhillon said.”
“In interviews, attendees in New York pointed to actions such as Mr. Trump’s targeting of law firms, wrongful deportations and the arrest of a Wisconsin judge on charges of obstructing immigration enforcement.”
“ Across the nation, judges are facing increased threats of not only physical violence, but also professional retaliation just for doing our jobs,” said Justice Jackson, speaking at a conference for judges held in Puerto Rico. “And the attacks are not random. They seem designed to intimidate those of us who serve in this critical capacity.”
“An attorney recruited to the Commerce Department’s CHIPS for America program in 2023, Waterfield had felt she was part of something monumental, something that would move the country forward: rebuilding America’s semiconductor industry. Instead, nearly two months after being fired in the Trump administration’s purge of newer — or “probationary” — federal employees, Waterfield is enmeshed in a bureaucratic mess over her health care coverage. It’s a mess that’s left her fearing her entire family may now be uninsured.”
“The preliminary injunction from Judge Araceli Martinez-Olguin allows the funding for legal representation for minor children to continue while the case proceeds.”
“U.S. President Donald Trump’s administration has so far withheld at least $436.87 billion of congressionally approved funding, the top Democrats on the U.S. Congress’ appropriation committees said on Tuesday…These findings will be publicly posted in a tracker tallying the minimum the committees believe the administration is freezing or fighting in court to block, a committee aide said.”
“Many grants funded under a decades-old anti-poverty program, Volunteers in Service to America, or VISTA, were also cut, the nonprofit said, including all but two that run through the states.”
[Ed. Note: The complaint in the suit details which grants have been cut, including legal services grants such as the “AmeriCorps Holistic Advocate Program”]
“a bipartisan coalition of 40 attorneys general [urged] Congressional leaders to fully fund the Legal Services Corporation (LSC), according to a recent press release.”
“After abruptly declining to renew a contract with a nonprofit to provide court-ordered legal assistance to families separated at the border under the first Trump administration, the U.S. Department of Justice has proposed providing that service itself. Experts worry that’s a conflict of interest that could put those families at risk of deportation and being separated again.”
“Leaders of some of the nation’s most prestigious universities have assembled a private collective to counter the Trump administration’s attacks on research funding and academic independence across higher education, according to people familiar with the effort. The informal group currently includes about 10 schools, including Ivies and leading private research universities, mostly in blue states. Strategy discussions gained momentum after the administration’s recent list of demands for sweeping cultural change at Harvard, viewed by many universities as an assault on independence.”
“Hours after Harvard University faced the Trump administration in court for the first time in its push to restore more than $2 billion in blocked federal funding, the nation’s oldest and wealthiest college made a symbolic bow to White House demands, renaming its diversity, equity and inclusion office.”
“President Donald Trump has directed the U.S. Justice Department to mobilize law firms to defend police officers unjustly accused of misconduct free of charge, marking the latest effort to steer the work of private lawyers to his administration’s ends.”
“Cortese said creating the public law school would lower barriers to entry, as cost and location can turn people away from entering careers in public service — including first generation students and other underrepresented demographics.”
“The good news for PSLF borrowers is that the House Republican draft reconciliation bill would not make other significant changes to the program, such as by capping loan forgiveness or cutting off borrowers at certain income levels. Some advocates had been concerned that additional restrictions on student loan forgiveness under the program would be included in the GOP bill. But that’s not the end of the story. This week, the Department of Education held its first public hearing as part of negotiated rulemaking, a lengthy process that allows the department to update, change, or repeal regulations governing federal student loan programs. And PSLF is explicitly a topic for negotiated rulemaking this year. The department is considering enacting new rules to implement President Donald Trump’s executive order in March that would cut off student loan forgiveness eligibility under PSLF for organizations that engage in certain “illegal” activities.”
“Beginning in March, as many as 20 Immigration and Customs Enforcement officials, aided by contractors, ran 1.3 million names of foreign students through a federal database that tracks criminal histories, missing persons and other brushes with the law…But many of those hits flagged students who had minor interactions with police — arrests for reckless driving, DUIs and misdemeanors, with charges often dropped or never brought at all — far short of the legal standard required to revoke a student’s legal ability to study in the U.S. Nevertheless, ICE officials used that data to “terminate” the students’ records in an online database schools and ICE use to track student visa holders in the U.S. Those terminations led schools to bar students from attending classes — some just weeks from graduation — and warn that they could be at risk of immediate deportation.”
Conflicts Over Diversity, Equity, Inclusion, and Accessibility
“Federal election officials are suggesting states must pledge to follow President Donald Trump’s directive curbing diversity, equity and inclusion programs as a condition for receiving $15 million in election security funding. The new requirement for the grants has sent Democratic secretaries of state around the nation scrambling to assess the financial, legal and operational implications of accepting the money from the independent, bipartisan U.S. Election Assistance Commission. The dispute is complicated by the vagueness of the revised federal grant agreement, which some state officials fear could be turned against them. The grant’s terms tell states they must promise to follow federal antidiscrimination laws but cite an executive order from Trump on DEI that Democrats oppose.”
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