Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues

Summary

NPR's Up First: Episode Summary – April 16, 2025

NPR's "Up First" delivers the three biggest stories of the day with in-depth reporting and analysis. In the April 16, 2025 episode, hosts Michelle Martin and Ami Martinez delve into three major topics: a legal battle over the wrongful deportation of a man to El Salvador, President Trump's executive action on prescription drug prices, and the ongoing conflict between the Trump administration and Harvard University.

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1. Legal Battle Over Wrongful Deportation of Gilmar Abrego Garcia

The episode opens with the high-profile case of Gilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador. This incident has sparked significant legal action against the Trump administration's immigration policies.

Judge's Ruling and Court Proceedings

• Judge Paula Zinis' Order: At [00:24], Judge Zinis ordered the Trump administration to provide detailed information regarding any efforts to facilitate Garcia's return. Despite acknowledging the administrative error in Garcia's deportation, the judge criticized the Justice Department's lack of actionable steps.

  "Judge Zinis said that she had received, quote, information of little value on what had been done to fulfill any of this." – Michelle Martin [02:32]

• Expedited Discovery: During the hearing, Judge Zinis granted Garcia’s lawyers an expedited discovery process, compelling government officials from Homeland Security, ICE, and State to testify under oath within two weeks. This move aims to ascertain whether the administration is complying with court orders in good faith.

  "She gave both sides two weeks to complete the discovery process." – Ximena Bustillo [02:55]

Government's Response and Legal Arguments

• Administration’s Stance: The Trump administration maintains that it cannot compel El Salvador to extradite Garcia. Lawyer Drew Ensign highlighted that while the Department of Homeland Security (DHS) suggested Garcia could re-enter the U.S. through a legal port of entry, practical barriers remain.

  "The White House has said that his deportation was an administrative error." – Michelle Martin [02:32]

• Court's Perspective: Judge Zinis dismissed the administration's reliance on statements from the Oval Office press conference as non-responsive to the court’s requirements for action.

  "Those answers that Ensign is pointing to during this press conference would not be considered responsive in a court of law." – Michelle Martin [05:01]

Implications and Broader Context

• Tension Between Administration and Courts: The case underscores the growing friction between the Trump administration and the judiciary. President Trump has publicly criticized judges he perceives as obstructing his policies, particularly regarding immigration.

  "This is another judge growing frustrated with the administration's answers on what it's doing in response to court orders." – Ximena Bustillo [05:09]

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2. President Trump's Executive Action on Prescription Drug Prices

In an effort to address the rising costs of prescription medications, President Trump signed an executive order targeting drug price reductions. This move builds upon previous legislation and administrative actions aimed at making medications more affordable for Americans.

Scope and Objectives of the Executive Action

• Enhancing Medicare's Negotiation Power: The executive order seeks to strengthen Medicare's ability to negotiate drug prices, addressing perceived shortcomings in the existing framework.

  "It would build on Medicare's new ability to negotiate drug prices, but there's a lot more to it." – Michelle Martin [06:05]

• Targeting Pharmacy Benefit Managers (PBMs): The order includes 14 sections, targeting intermediaries like PBMs to increase transparency and ensure that cost savings are passed on to consumers.

  "The order tells officials to look for ways to increase transparency into how they're compensated." – Sidney Lupkin [07:14]

• Streamlining Generic Drug Approvals: The FDA is directed to expedite the approval process for generic drugs, aiming to introduce more affordable alternatives into the market.

• Facilitating Drug Importation: Building on earlier efforts, the executive action promotes the importation of lower-cost drugs from Canada, although previous attempts have faced significant hurdles.

  "FDA approved Florida's drug importation program last January, but by November, it still wasn't bringing in drugs from Canada." – Sidney Lupkin [07:58]

Expert Insights and Challenges

• Potential Impact on Drug Prices: While the administration posits significant savings through these measures, experts like Juliette Kubanski caution that executive orders have limitations and the actual reduction in prices remains uncertain.

  "I think it comes as no surprise that Trump is taking another swing at policies to lower prescription drug costs, because it does really resonate with people." – Juliette Kubanski [08:31]

• Dependence on Legislative and Regulatory Cooperation: The effectiveness of the executive order hinges on collaboration between the FDA, HHS, and Congress. Regulatory hurdles and the need for state-level drug importation plans pose additional challenges.

  "A lot will depend on all these different players working together on, for example, drug importation." – Sidney Lupkin [08:50]

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3. Trump Administration's Conflict with Harvard University

The battle between the Trump administration and Harvard University intensified as President Trump threatened to revoke Harvard's tax-exempt status. This confrontation stems from the administration's demands for increased oversight and control over the prestigious institution.

Administration's Demands and Harvard's Response

• Federal Funding Cuts: Following the administration's withdrawal of over $2 billion in federal grants, Trump called for Harvard to lose its tax-exempt status, citing the university's alleged promotion of "political, ideological and terror-inspired" activities.

  "Perhaps Harvard should lose its tax-exempt status and be taxed as a political entity if it keeps pushing political, ideological and terror inspired, slash supporting sickness." – President Trump [10:06]

• Harvard's Rebuttal: Harvard's president rejected the administration's demands, arguing that they infringe upon the autonomy of private educational institutions.

  "They were illegal in an attempt to dictate, quote, what private universities can teach, whom they can admit and hire, and which areas of study and inquiry they can pursue." – Alyssa Nadworny [10:20]

Legal Challenges and Institutional Concerns

• Ongoing Lawsuits: Harvard, supported by its faculty and the American Association of University Professors, has filed a lawsuit challenging the administration's demands and the conditional withholding of federal funds.

• Broader Impact on Higher Education: College leaders express deep concern over the administration's attempts to control academic freedom and institutional governance, fearing a precedent that could affect other universities.

  "The catalog of horrors is a thick one, and there are plenty of things that the administration can seek to do that would throw institutions off kilter." – Ted Mitchell [11:30]

Historical and Political Context

• Precedent for Tax-Exempt Status Revocation: The episode references the 1980s case of Bob Jones University, which had its tax-exempt status revoked due to discriminatory policies, eventually regaining it after compliance.

• Administration's Political Motives: Analysts suggest that Trump's actions are part of a broader agenda to target institutions perceived as left-leaning or liberal, aligning with his previous criticisms of academic establishments.

  "The White House has continued to maintain that they are rooting out antisemitism on campus, but going after colleges which the administration deems left leaning or too liberal has long been a goal of Trump." – Alyssa Nadworny [12:47]

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4. Update on DOGE and National Labor Relations Data Breach

In addition to the main stories, the hosts provide an update on a prior report concerning data breaches at the National Labor Relations Board (NLRB) by engineers from DOGE.

Congressional Concerns and Investigation Calls

• Representative Gerry Connolly's Statement: Virginia Democratic Congressman Connolly labeled the incident as "technological malfeasance" and is advocating for a thorough investigation into the extent of DOGE's access and the potential misuse of sensitive data.

  "He's asking inspectors general, what access did DOGE operatives have? What sensitive data could have been taken, and why were the agency's security systems turned off?" – Ami Martinez [13:29]

Conflict of Interest Allegations

• Elon Musk's Dual Roles: Concerns are raised about Elon Musk's involvement, as he leads the DOGE initiative while simultaneously heading companies under investigation by the NLRB and the Labor Department, presenting a potential conflict of interest.

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Conclusion

The April 16, 2025 episode of NPR's "Up First" highlights significant legal and political battles, from immigration enforcement missteps and healthcare policy reforms to academic freedom challenges. Additionally, national security concerns regarding data protection are addressed, underscoring the multifaceted issues shaping the current socio-political landscape.

Listeners are encouraged to stay informed by tuning into NPR's local stations or accessing content through npr.org.

Transcript

[Michelle Martin]

I need one of those Starbucks carry trays. Couldn't bring in my notes and my coffee and my water and my phone.

[Ami Martinez]

Those things last a long time. You should just grab one the next time you're in there.

[Michelle Martin]

I should?

[Sidney Lupkin]

No.

[Michelle Martin]

You know, I've got them like stacked up at home, but I just don't remember. They're never where I need them to be when I need one. It's the problem. Good morning. A.

[Ami Martinez]

The Trump administration says it can't force El Salvador to return a man they admit was deported there by mistake.

[Michelle Martin]

But when attorneys for the Justice Department appeared in court, a judge said they hadn't shown they tried to facilitate the man's return at all.

[Ami Martinez]

Ami martinez, that's Michelle Martin. And this is up first from NPR News. The president signed an executive action that aims to lower drug prices.

[Juliette Kubanski]

I think it comes as no surprise that Trump is taking another swing at policies to lower prescription drug costs because it does really resonate with people.

[Ami Martinez]

But executive orders can only do so much. Will it work?

[Michelle Martin]

And President Trump escalated threats against Harvard University after cutting billions in federal funds to the school. Yesterday, he floated the idea of revoking its non profit status. Stay with us. We've got the news you need to start your day.

[Juliette Kubanski]

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[Michelle Martin]

Judge Paula Zinis ordered the Trump administration to provide more information on whether it has done anything to facilitate the return of a Maryland man deported to El Salvador by mistake.

[Ami Martinez]

Gilmar Abrego Garcia was detained and deported last month. His family sued the government to bring him back. The case has become one of the highest profile lawsuits against President Trump's efforts to increase deportations.

[Michelle Martin]

NPR's Jimena Bustilla has been following this, and she's here with me in our studios in Washington. Good morning, Ximena.

[Ximena Bustillo]

Good morning, Michelle.

[Michelle Martin]

Could you just remind us of where we are in this case and what exactly did Judge Zinnis order the government to do?

[Ximena Bustillo]

The judge originally ordered for two items. First, for the government to facilitate Abrego Garcia's release and return from Secoa. This is the mega prison in El Salvador. The White House has said that his deportation was an administrative error. Second, to ensure that if he is brought back to the U.S. his immigration case receives due process within immigration courts. During Tuesday's hearing, Judge Zinis said that she had received, quote, information of little value on what had been done to fulfill any of this. So she granted a request from Abrego Garcia's lawyers for the government team to undergo a process called expedited discovery. This means that government officials from Homeland Security, Immigration and Customs Enforcement and State will be deposed under oath. She gave both sides two weeks to complete the discovery process.

[Michelle Martin]

Did the judge say why she's granting this expedited discovery process?

[Ximena Bustillo]

She said that this would be done specifically to determine whether the government is abiding by her original court order, whether they intend to abide by it, and if not, whether that's in good or bad faith.

[Michelle Martin]

How did the government respond?

[Ximena Bustillo]

The administration has so far continued to argue that it cannot force another government to extradite someone that they're holding back to the US On Tuesday, Drew Ensign, the lawyer for the Justice Department, also brought up two documents. One was the status report on where the DOJ stands on bringing Abrego Garcia back to the U.S. in this, a DHS official said that Abrego Garcia could be let in through a legal port of entry, but that if he did arrive, DHS would either move to deport him to a third country or back to LA El Salvador anyways. Now, Zini said that this was already getting too far ahead since the government hasn't shown that it has facilitated his return at all. Ensign then pointed to the Oval Office press conference transcript from Monday, during which Trump met with Salvadoran President Nayib Bukele. Both leaders said that they didn't have the power to return him. But to that, Zini said that those answers that Ensign is pointing to during this press conference would not be considered responsive in a court of law.

[Michelle Martin]

So let's talk a bit about the stakes and of this case. I mean, for example, what have we learned about the relationship between the president and the courts.

[Ximena Bustillo]

The takeaway from Tuesday's hearing is that this is another judge growing frustrated with the administration's answers on what it's doing in response to court orders. But the administration has, in a way, set up for many of these policy debates to take place in the courts and even make their way up to the Supreme Court, as we've seen in this case. But not every decision is going to go the administration's way. So we have continued to see that there's also a growing tension between the courts and the administration. And, you know, on Monday, in front of El Salvador's leader, Trump criticized the, quote, liberal judges that are blocking his agenda. This is, of course, not new, as he's previously criticized those who have issued orders against his immigration directives, especially those related to the flights to El salvador.

[Michelle Martin]

That is NPR's Ximena Busti. Ximena, thank you.

[Ximena Bustillo]

Thank you.

[Ami Martinez]

President Trump signed executive action yesterday that aims to lower drug prices for Americans.

[Michelle Martin]

It would build on Medicare's new ability to negotiate drug prices, but there's a lot more to it.

[Ami Martinez]

NPR's pharmaceuticals correspondent Sidney Lupkin is here to tell us all about it. So, Sidney, how would this proposal help consumers?

[Sidney Lupkin]

Yeah, the administration says it can do a better job at negotiating the prices Medicare pays for drugs. It's not clear from the action exactly how that would be the case. And I have to say that a lot of the savings on drug prices are kind of baked into the Biden administration law that gave Medicare negotiating power in the first place. It allowed 10 drugs to be negotiated last year and 15 more this year. Next year, another 15 should be up for negotiation. So over time, the savings should add up. But the executive action asks the health secretary and Congress to fix what the administration sees as a flaw in the law. It treats prescription pills, like some cancer drugs, differently from more complex biotech drugs like the blockbuster rheumatoid arthritis drug Humira. The pills are eligible for Medicare negotiation sooner, seven years after FDA approval compared with 11 years for drugs like Humira. The proposal would level the playing field, but it would require a change in the law.

[Ami Martinez]

Does the executive order go beyond Medicare?

[Sidney Lupkin]

Yeah, it does. There's a lot in the executive action. It has 14 different sections. It takes aim at middlemen called pharmacy benefit managers, which handle drug coverage for health insurance. The order tells officials to look for ways to increase transparency into how they're compensated. The companies have been criticized for not passing on savings to consumers. It also instructs the FDA to streamline its generic drug approvals process and to better facilitate state programs to import lower cost drugs from Canada. The drug importation push actually started under the first Trump administration, and it just hasn't gotten much traction.

[Ami Martinez]

Oh, so how much of this executive order is building off of that first try?

[Sidney Lupkin]

Yeah, quite a bit in this executive order is familiar. The first Trump administration made the several attempts to lower drug prices, and that included importing drugs from Canada and speeding generic approvals. It also proposed pegging drug prices in the US to lower prices paid in other countries, but that didn't happen. So when it came to drug prices as a campaign issue last year, Trump didn't say much. This is really the first time in a while we're hearing about drug prices. Here's Juliette Kubanski, a Medicare drug pricing expert at the nonpartisan research group kff.

[Juliette Kubanski]

I think it comes as no surprise that Trump is taking another swing at policies to lower prescription drug costs, because it does really resonate with people.

[Sidney Lupkin]

High drug prices are a big deal to voters, whether they're Democrats or Republicans.

[Ami Martinez]

Sure, I can understand that. So will this executive action then lower the price of prescription drugs?

[Sidney Lupkin]

You know, that's unclear. Executive orders can only do so much. In this case, the action is telling the FDA to take certain steps, instructing his HHS secretary to work with Congress, instructing officials to come up with regulatory solutions. So a lot will depend on all these different players working together on, for example, drug importation. States have to submit very specific plans for each drug they want to import, even after the FDA approves their general approach. FDA approved Florida's drug importation program last January, but by November, it still wasn't bringing in drugs from Canada. So this presidential order could build on efforts to lower drug prices, but only if Congress and other officials find a way to solve some of these challenges.

[Ami Martinez]

NPR pharmaceuticals correspondent Sidney Lupkin. Thanks a lot.

[Sidney Lupkin]

You bet.

[Michelle Martin]

The battle between the Trump administration and Harvard University has moved to another front.

[Ximena Bustillo]

Yeah.

[Ami Martinez]

The president threatened yesterday to revoke the school's tax exempt status a day after cutting over $2 billion in federal funding and grants. Harvard's president had refused to implement the government's demands, which include overseeing academic departments and limiting student and faculty.

[Michelle Martin]

NPR's Alyssa Nadworny is with us now to tell us more. Good morning, Alyssa.

[Alyssa Nadworny]

Good morning.

[Michelle Martin]

So, you know, this isn't the first university the Trump administration has attacked, but I understand that the president took to social media to complain about Harvard specifically.

[Alyssa Nadworny]

Yeah. The latest move in this standoff, which has about $9 billion in federal grants for Harvard hanging in the balance. It happened on Trump's truth social platform with the president writing, quote, perhaps Harvard should lose its tax exempt status and be taxed as a political entity if it keeps pushing political, ideological and terror inspired, slash supporting sickness. And the background is, of course, on Friday, the administration sent Harvard a list of demands. Then on Monday, Harvard's president responded, rejecting them, saying they were illegal in an attempt to dictate, quote, what private universities can teach, whom they can admit and hire, and which areas of study and inquiry they can pursue.

[Michelle Martin]

I understand that there are already legal challenges to this.

[Alyssa Nadworny]

Yes. A lawsuit filed late last week by Harvard's faculty, along with the American association of University Professors, is challenging this administration demands tied with withholding funding.

[Michelle Martin]

So let's. Could you just say more about President Trump's threats to remove Harvard's tax exempt status? What are the administrators saying about this?

[Alyssa Nadworny]

Well, in my conversations with college leaders, many have said they were deeply worried about the administration moving beyond cutting research grants. And Trump's comments confirm those fears. Here's Ted Mitchell, president of the American Council on Education, which represents hundreds of colleges.

[Ami Martinez]

The catalog of horrors is a thick one, and there are plenty of things that the administration can seek to do that would throw institutions off kilter. And tax exempt status is certainly one of them.

[Alyssa Nadworny]

Nearly all colleges and universities are tax exempt organizations. They're given nonprofit status along with charities, religious institutions, and some political organizations. And that's allowed some elite institutions to amass huge endowments. Harvard is the largest at more than $50 billion.

[Michelle Martin]

So I was wondering, though, if President Trump actually has the authority to take away that status.

[Alyssa Nadworny]

Well, Republicans have long sought to curb those tax exemptions. And while Trump doesn't necessarily have the total authority to revoke a college's tax status, he can use the Internal Revenue Service to do it in rare circumstances. There's also a bill in Congress that would give the president and the treasury secretary greater control over this.

[Michelle Martin]

Is there a precedent for what the administration's trying to do here?

[Alyssa Nadworny]

So one example is Bob Jones University, which had an interracial dating and marriage ban. And the IRS ruled that those discriminatory policies were not charitable. That went all the way to the Supreme Court in the early 1980s. The college eventually dropped the ban and regained their tax status about two decades later.

[Michelle Martin]

And. And say more about why the Trump administration is doing this.

[Alyssa Nadworny]

It's a great question. The White House has continued to maintain that they are rooting out antisemitism on campus, but going after colleges which the administration deems left leaning or too liberal has long been a goal of Trump. Here is Trump speaking at an event in Florida in 2023 after 50 years of leftist domination. Universities I will take bold action to.

[Ximena Bustillo]

Reclaim our colleges from the communist left.

[Alyssa Nadworny]

And Michelle, in the last month, the administration has canceled about $11 billion in federal grants at a handful of elite colleges. And President Trump doesn't appear to be backing down anytime soon.

[Michelle Martin]

That is NPR's Alyssa Nadworny. Alyssa, thank you.

[Alyssa Nadworny]

Thank you.

[Michelle Martin]

And before you go, we have an update on the story we brought you yesterday about NPR's special report revealing that engineers from DOGE accessed sensitive data at the National Labor Relations.

[Ami Martinez]

Virginia Democratic Congressman Gerry Connolly called it, quote, technological malfeasance and wants an investigation. He's asking inspectors general, what access did DOGE operatives have? What sensitive data could have been taken, and why were the agency's security systems turned off?

[Michelle Martin]

The concerns go beyond data breaches. White House adviser Elon Musk, who leads the DOGE effort, runs companies that are facing investigations by the NLRB and the Labor Department. Connolly says that creates an inherent conflict of interest for Musk to direct work at either agency. We'll be following this story as it develops. Listen on your local NPR station [e-mail].

[Ami Martinez]

And that's up first for Wednesday, April 16th. I'm Amy Martinez.

[Michelle Martin]

And I'm Michelle Martin. You can listen to this podcast sponsor free while financially supporting Public media with Up First Plus. Learn more at plus.NPR.org that's that's P L U S.NPR.org Today's episode of Up.

[Ami Martinez]

First was edited by Anna Yukoninoff, Scott Hensley, Steven Drummond, Mohamed El Bardisi and Janaya Williams. It was produced by Ziad Buch, Nia Dumas and Christopher Thomas. We get engineering support from Arthur Laurent, and our technical director is David Greenberg. Join us again tomorrow.

[Ximena Bustillo]

Foreign.

[Juliette Kubanski]

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