The Trump administration is seeking to end an immigration policy cornerstone that since the 1990s has offered protections to child migrants in federal custody, a move that will be challenged by advocates, according to a court filing Thursday.
The protections in place, known as the Flores Settlement Agreement, largely limit to 72 hours the amount of time that child migrants traveling alone or with family and detained by the U.S. Border Patrol. They also ensure the children are kept in safe and sanitary conditions.
“This is the worst thing that Trump has done — which is a very competitive category,” Miller said in an interview with The Advocate. “They kidnapped someone who followed the rules, lied about him, and disappeared him.”
Hernández Romero’s ordeal began after he made an asylum appointment through the CBP One app, a legal channel established by the Biden administration and repurposed under Trump. He passed a credible fear interview and was detained at Otay Mesa Detention Center, a CoreCivic-run facility in California. He had no criminal history. His lawyer was preparing for his hearing. Then he vanished.
- Leaked emails show that Tulsi Gabbard's top aide urged intelligence officials to change their findings on Venezuelan gang activity in order to align with statements President Trump has made on immigration.
- Gabbard’s acting chief of staff, Joe Kent, emailed the National Intelligence Council about their report, writing, “We need to do some rewriting so this document is not used against [Gabbard] or POTUS.”
- Gabbard,
who serves as the director of national intelligence, later fired two
top intelligence officials over the fallout from the report.
Tulsi Gabbard’s right-hand man allegedly directed a group of intelligence officials to alter their report on Venezuelan gang activity so that it would align with statements President Donald Trump has made on immigration.
[. . .]
However, the Feb. 26 intelligence assessment that Kent wanted to alter directly contradicted the idea that the gang was affiliated with the Venezuelan government or the Maduro regime.
The National Intelligence Council — an internal think-tank that analyzes information gathered by the CIA, FBI, National Security Agency and more — concluded in both the initial and revised assessments that the Venezuelan government “probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in the United States.”
ICYMI: Murray Grills Trump’s FDA Nominee on Cancellation of Critical Vaccine Meeting, Upholding Science on Mifepristone, Contraception
***WATCH: Senator Murray Q&A with Commissioner Makary***
Washington, D.C. — Today, at a Senate Appropriations Agriculture, Rural Development, Food and Drug Administration, and Related Agencies (Ag-FDA) Subcommittee hearing on the fiscal year 2026 budget request for the Food and Drug Administration (FDA), U.S. Senator Patty Murray (D-WA), Vice Chair of the Senate Appropriations Committee and a senior member and former Chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, grilled FDA Commissioner Marty Makary on the Trump administration’s reckless and chaotic efforts to fire thousands of critical employees at the FDA, conflicts of interest at the agency, and the Trump administration’s attempts to lay the groundwork to rip away access to mifepristone based on discredited junk science from anti-abortion activists.
In opening comments, Vice Chair Murray said:
“Commissioner Makary, the FDA has a really important job to do. Lives literally are at stake. And that work requires the utmost diligence, and care, and commitment to following the science and upholding FDA’s gold standard. We all expect to walk into the drugstore and know that what we are buying has passed a safety and efficacy standard. And we have to be assured of that, and we have to be assured that the work’s been done—that we don’t have to question that.
“So, I don’t think it’s careful leadership when one-in-five people across the FDA are fired, only to frantically then bring some back—because you didn’t stop and think two seconds about whether these jobs were actually important.
“We really, Mr. Chairman, cannot cheap out on the FDA, and expect to maintain the gold standard that means that people know that drugs are safe.
“We can’t just cut, cut, cut and hope no one gets sick when you’re slow to issue a recall, or hope no one needs that medicine that had its approval delayed, or hope there isn’t another infant formula issue while your staff are getting fired, or getting rehired, or wherever they are.
“This work really takes investments, this Committee knows that, and it expects expert staff—like the people that have been shoved out the door. Drug approvals are already getting delayed. Food and drug safety inspections are lagging behind.
“We are going in the wrong direction, fast. We still have yet to see from you a full budget request from you. That is unacceptable.
“You are now testifying that the budget proposes to slash FDA by more than 11 percent. That’s actually news to all of us—and I will tell you right now, that is not going to fly. It is reckless, and it is not going to happen as long as I have anything to say about it.”
[FDA STAFFING]
Senator Murray began her questioning by pressing Dr. Makary on the harm and inefficacy caused by the Trump administration’s mass layoffs and efforts to push out qualified employees across FDA, which have resulted in more than 4,000 staff leaving the agency since the beginning of the Trump administration. “Commissioner Makary, when it comes to your mass firing of FDA employees, in April, you said, ‘I can tell you there were no cuts to scientists or inspectors.’ Well that is not true,” Senator Murray said. “I think Senator Ossoff covered that, and I think the point here is that all of this firing and rehiring—I don’t see how that’s efficient. Frankly, it kind of shows that you don’t know what you’re doing—and you’re breaking things in the process here. So, let me ask you a question, and hopefully it is an easy one for you. Does it save taxpayer dollars to fire staff who work in centers that are fully funded by user fees—not taxpayer dollars—yes or no?”
“You asked me to do an assessment of the staff when I came here for my confirmation hearing, and I hear that you’re criticizing me for bringing back some individuals after the cuts that I was not a part of,” replied Commissioner Makary.
“That’s good—I’m just saying in the long run, this has been very inefficient,” Senator Murray replied. “But my question to you is not about that it, and I know you’ve covered it with several other members. So does it save taxpayer dollars to fire staff who work with centers that are fully funded by user fees, not taxpayer dollars. Is that efficient?”
“The cuts were to HR, IT, communications—,” Commissioner Makary said.
Senator Murray pressed, “They’re funded by user fees, it is not saving any money.”
“In part,” Commissioner Markey interjected.
“But many of the staff you fired were in centers that are actually fully funded by user fees. You know that, correct?” Senator Murray clarified.
Commissioner Makary continued to dodge.
“I’m asking you a specific question about the centers that are fully funded by user fees,” Senator Murray continued.
“That’s one center. That’s the tobacco center,” Commissioner Makary said. “You just said we can’t just keep cut and cut—we can’t keep hiring and hiring, the agency doubled since 2007. So, let me ask you, what is the right number of employees?”
“No, you’re here to answer my questions here, and I’m going to ask some more,” Senator Murray replied. “Without critical support staff you fired, inspectors cannot plan their trips. They cannot do their jobs. I want to ask you, what percent of planned inspections has FDA missed since those April 1st firings?”
Commissioner Makary said, “In the 12 labs that we have that evaluate food products in the food inspection realm, there are no—as of last week, I just did a check—there are no backlogs. They are running at 100 percent efficiency. There are no drug approval delays despite the—you know, what people want to attribute—”
“That is not what I’ve been told. I have been told—and I would like you to go back and check and report back to us, because we know that some of the planned inspections… that were supposed to take place have been missed. And, to me, why that’s so important, if there is not inspections, the public doesn’t have the information that they need. I am going to run out of time, so I want to move on,” Senator Murray replied.
“There are no cuts to inspectors,” Commissioner Makary said.
“Will you go back and check for me, please?” asked Senator Murray.
“Absolutely,” replied Commissioner Makary.
[CONFLICTS OF INTEREST]
Senator Murray continued by asking about reports of eyebrow-raising conflicts of interest at FDA: “I understand that the FOIA staff producing documents related to ongoing litigation by the Children’s Health Defense—Secretary Kennedy’s organization—was shielded from the RIFs, while other FOIA staff are responsible for FOIA responses at other FDA centers were targeted for termination. Is that true?,” Murray asked.
“That’s not true, senator, we have our FOIA staff. They continue to work at the FDA. I’ve made sure that all the FOIA staff at the FDA are doing their job. We are also using AI to reduce the burden on that staff,” responded Commissioner Makary.
Senator Murray pressed, “Well for the record, my understanding is that the Children’s Health Defense FOIA staff were not fired when other ones were… And that seems like a real conflict of interest to me, considering that the Secretary’s extensive history with that organization, Children’s Health Defense, and his goal to remove authorizations for vaccines. So, I just want that on the record—”
“It’s not true. Well, all FOIA staff are in place,” Commissioner Makary continued to claim.
[MIFEPRISTONE]
Senator Murray moved on to her next question, pressing Commissioner Makary on the Trump administration’s attempts to lay the groundwork to restrict access to medication abortion based on junk science being pushed by anti-abortion extremists. Murray asked: “If a study came out saying that people who took a certain medication experience a certain rate of ‘serious adverse events,’ but the study’s authors refused to say what they were counting as an adverse event—would raise some serious questions about the study’s validity?”
“Yes, senator. So I have the natural inquisition of a scientist that’s done a lot of research. So, I would want to see the underlying data, yes,” replied Commissioner Makary.
“I am, of course, talking about the recent sham ‘study’ from the Ethics and Public Policy Center—it’s an anti-abortion group, it’s bank-rolled by extremists, they fought to overturn Roe v. Wade,” Murray said. “And this ‘study,’ if you can call it that, is unsound and has been widely panned by medical experts. But, days after its release, you and Secretary Kennedy are now suggesting we need a ‘complete review’ on the safety of mifepristone.”
“Now, to be clear: mifepristone has been proven safe and effective in more than 100 studies over three decades. And the people that are now pushing that bogus ‘study’ and saying mifepristone is dangerous for women are the exact same people who think that abortion is never necessary to save a woman’s life, and that 10-year-olds should somehow be forced into childbirth. I believe that this administration is laying the groundwork to rip away access to medication abortion across the country,” Murray said. “This has not gotten enough attention. And I know you’d prefer to keep it that way, but I want you to know: I’m not going to let that happen.”
“I have not seen that study, Senator, and you have not seen that study. So how can you call it a sham, bogus study? Neither of us have seen the study, the underlying data, or the methodology,” Commissioner Makary said.
“Actually, that’s not true,” Murray replied. The Ethics and Public Policy Center is an anti-abortion advocacy group that was an advisory board member for Project 2025, has submitted amicus briefs to the Supreme Court opposing mifepristone, and does not believe in life-saving abortions—putting them far outside the medical mainstream. As the Washington Post fact-check of the ‘study’ points out, unlike most credible medical studies, the Ethics and Public Policy Center report did not undergo a formal external peer review before publication and “moreover, the report oddly does not reveal the database it used”—making it impossible for anyone to view the underlying data. That hasn’t stopped the anti-abortion Ethics and Public Policy Center from launching an activist campaign around the release of the data and even admitting the goal was to “eliminate” abortion pills.
On May 14th in a HELP Committee hearing with Health and Human Services Secretary Robert F. Kennedy (RFK) Jr. Senator Josh Hawley (R-MO) secured a commitment from Secretary Kennedy that HHS and FDA would review what RFK Jr. referred to as “alarming” new data on mifepristone—referencing the EPCC study alone. “It’s alarming, and it indicates that at the very least, the label should be changed,” Secretary Kennedy said. “I’ve asked Marty Makary at the FDA to do a complete review and report back.” Senator Hawley secured the same commitment from President Trump’s nominee to serve as Deputy Secretary of Health and Human Services in a HELP Committee hearing on May 8th—again, based solely on the EPCC ‘study’ that has not been peer-reviewed or published in a medical journal and has attracted widespread scrutiny for appearing to dramatically overstate what it characterizes as “serious adverse effects” associated with the pill.
____________________________________
As a longtime appropriator and former Chair of the Senate HELP Committee, Senator Murray has a long history of demanding accountability and careful oversight when it comes to the safety of products families use every day. At the end of 2022, Senator Murray passed legislation giving FDA new authority to, for the first time ever, regulate the safety of cosmetic products and force a recall when necessary—and she successfully fought to secure funding for this important work last year as Chair of the Senate Appropriations Committee. Senator Murray has also previously pressed FDA and industry for answers and action regarding asbestos in children’s make up kits, demanded answers from Johnson & Johnson regarding asbestos found in baby powder, and was a leading voice in holding FDA accountable and pushing for solutions following the infant formula contamination and shortage crisis in 2022.
Senator Murray leads the Democratic caucus on reproductive health care and, throughout her career, has beat back countless Republican attempts to defund Planned Parenthood and other family planning services—and is widely credited with successfully pushing the Bush administration’s FDA to follow the science and make Plan B available over the counter. Senator Murray led the response in Congress to FDA v. Alliance for Hippocratic Medicine, a lawsuit brought by Republican anti-abortion extremists trying to rip away access to mifepristone, a safe and effective abortion medication that was approved by FDA in 2000—Murray led multiple amicus briefs, organized her colleagues, and raised the alarm at every turn. Last June, the Supreme Court dismissed the case on standing groups but Murray made clear that “the nationwide threat to medication abortion has not gone away—far from it. If Donald Trump and his anti-abortion allies return to power, they will do everything they can to rip away access to mifepristone and ban abortion nationwide.” Murray also spearheaded efforts in Congress urging the FDA to follow the science and review the application of Opill, the first over-the-counter birth control pill, after the FDA’s Advisory Committee voted unanimously to recommend FDA approval.
In March, at Dr. Makary’s nomination hearing before the Senate HELP Committee, Senator Murray pressed Dr. Makary to commit to upholding the science on mifepristone and contraception—he refused to definitively answer her question.
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