This afternoon, the #ACLU filed a new #ClassAction #habeas lawsuit in NY challenging the #AlienEnemiesAct *#deportations*.
They are seeking a #TRO similar to what Judge Boasberg ordered.
This afternoon, the #ACLU filed a new #ClassAction #habeas lawsuit in NY challenging the #AlienEnemiesAct *#deportations*.
They are seeking a #TRO similar to what Judge Boasberg ordered.
#SCOTUS’ decision was 5-4, with #AmyConeyBarrett joining the 3 Democrat appointees in dissent *vacates* Chief Judge #Boasberg’s temporary restraining order #TRO in the #AlienEnemyAct cases. Judicial review must be available, Court holds, but has to come through #habeas petitions.
#USIP’s building is privately owned by the institute & paid for through the institute’s endowment, 2 employees said, unlike its overseas programs & staff salaries, which are paid through federal funds appropriated by #Congress. “So to me this seems like the most egregious violation of the #law,” said one employee.
[Prior to this] A federal judge had condemned the process through which the #Trump admin seized control of USIP but declined a motion for a #TRO.
Federal Judge Bates, George W. Bush appointee, has also issued a #TRO for #Trump's #ExecutiveOrder targeting major #LawFirm #JennerBlock, finding it likely violates the First, Fifth & Sixth Amendments.
Judge Bates calls Trump's #EO "disturbing" & "troubling," especially the attack on pro bono practice.
Judge Richard Leon, George W. Bush appointee, says he is “inclined to grant” a temporary restraining order #TRO against the #Trump admin, barring it from punishing the #LawFirm #WilmerHale. The judge did not rule from the bench during the hearing, but said he would issue a written decision in a matter of hours.
Lawyer Paul Clement argued on the #LawFirm #WilmerHale’s behalf that it was “clear as day” that the #Trump #ExecutiveOrder against the firm violated the #FirstAmendment. He said the chilling effect on the firm’s business had been immediate.
#DOJ lawyer Richard Lawson urged Judge Leon not to issue a temporary restraining order #TRO, arguing the specific limitations for Wilmer Hale had not been decided, so there was no reason to rush a court decision.
NEW: A federal judge in Massachusetts has granted a temporary restraining order #TRO barring the #Trump admin from deporting any person to a country they are not a national of without written notice & an opportunity to apply for protection from that country!
https://www.courtlistener.com/docket/69775896/dvd-v-us-department-of-homeland-security/
WTAF??
The #Trump admin says in its #SCOTUS filing requesting a stay of #Boasberg’s #AlienEnemiesAct #TRO that it can't confirm or deny whether #ElSalvador is complying with #UNCAT [#UnitedNations Convention Against #Torture] because doing so might damage its relationship with El Salvador.
AYFKM???
As agreed by the parties in today's #TRO hearing, the Court ORDERS:
1) Defendants shall promptly make best efforts to preserve all #Signal communications from Mar 11-15, 2025;
2) By Mar 31, 2025, Defendants shall file a Status Report w/declarations setting forth the steps they have taken to implement such preservation; &
3) This Order shall expire on Apr 10, 2025, in the event that Defendants' measures are satisfactory to the Court.
So ORDERED by Chief Judge James #Boasberg on Mar 27, 2025.
#Trump admin doesn't need to give notice to people it wants to deport, #DOJ argues
A federal appeals court has finished hearing arguments over whether to lift a judge’s #TRO against Trump’s use of a wartime authority to quickly deport alleged members of a #Venezuelan gang.
As the hearing came to a close, a DOJ atty told the court that he didn’t think the govt needed to give notice to individuals it wants to summarily remove under the #AlienEnemiesAct.
#law #immigration
https://www.cnn.com/politics/live-news/trump-news-03-24-25/index.html
Judge says the problem isn’t with the proclamation but the implementation. If #Trump intends to deport only members of #TdA, the fact that nonmembers are being deported doesn’t align with his proclamation. The Temporary Restraining Order #TRO issued by Judge #Boasberg allows the admin to detain but prohibits removal to another country until the detainees have been given an opportunity to argue that they were not TdA members & therefore were not subject to the #AlienEnemiesAct.
#law #immigration
#Extradition is a long-established, frequently used process of sending accused criminals to face charges in another country. By citing the #AlienEnemiesAct, #Trump is highlighting its aggressive posture on the contested #legal issue without taking steps that might be deemed to violate a #TRO issued by federal Judge #Boasberg.
Because the men are being extradited to face charges in a foreign country, their cases are different from the hurried #deportations of >200 #Venezuelans this month.
Judge Hollander of US Dist Court for #Maryland issued a 2wk #TRO that prohibits #SocialSecurity ofcls from sharing personally identifying info w/ #Musk’s #DOGE, which has been empowered by #Trump to carry out *cost-cutting*
Hollander wrote DOGE “essentially engaged in a fishing expedition at SSA, in search of a fraud epidemic, based on little more than suspicion” & “never identified or articulated even a single reason for which…DOGE…needs unlimited access to SSA’s entire record systems.”
The 4th Circuit rejected the #Trump admin’s motion for a stay of the #TRO ordering the rehiring of probationary #FederalWorkers in State of Maryland v. USDA.
“Given the district court's stated intention to hold a hearing on March 26, 2025, & to promptly grant or deny preliminary injunctive relief thereafter, the court denies the appellant's request for an administrative stay or a stay pending the resolution of the appeal.”
https://www.courtlistener.com/docket/69746454/state-of-maryland-v-usda/
Judge #Boasberg’s hearing has started on #DOJ’s motion to vacate his #TRO barring the #Trump admin from carrying out any further #AlienEnemiesAct #deportations.
Boasberg starts off, telling DOJ that they have been using "disrespectful, intemperate language" that he's "never seen from the United States"
"Without having any edge, I made it very clear what you had to do. Did you not understand my statement from that hearing?" Boasberg asks
DC Circuit Judges Henderson, Millett, & Walker have scheduled oral arguments Monday, March 24, 2025, at 1:30PM on whether to block Judge #Boasberg's #TRO in J.G.G. v. #Trump, the #AlienEnemiesAct #deportation case.
#law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower
https://media.cadc.uscourts.gov/orders/docs/2025/03/25-5067LDSN2.pdf
Summary:
Judge Beryl Howell denied the US' Institute of #Peace's request for a #TRO that would have barred the #Trump admin from trespassing at the #USIP & would have ensured USIP retained control of their computer systems, accounts & records.
“I am very offended by how #DOGE has operated at the institute & treated American citizens trying to do a job that they were statutorily tasked to do. But that concern about how this has gone down is not one that can sway me in the factors of a TRO.”
With that, the hearing is over. The govt will file more information tomorrow, & it may again refuse to provide specific the information #Boasberg requested (but must explain why). There is a further hearing on the #TRO on Fri, & action in the DC Circuit Court where briefing ends Wed.
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#Boasberg then moves to Lee Gelernt of the #ACLU, asking him whether he wants to respond, & noting again that he doesn't plan to issue any rulings today about whether the order was violated.
Lee begins by pointing out the best way to deal with a #TRO they disagreed with was to obey & then appeal.
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct