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Judge Terry Doughty (W.D. La.) on Friday expressed the court’s “strong suspicion that the Government” deported a two-year old U.S. citizen “with no meaningful process.” Judge Doughty expressed this view after the court received a petition on Thursday stating that the government was deporting the child with her noncitizen mother to Honduras and requesting the release of the child. The government asserted that this deportation was “all okay because the mother wishes that the child be deported with her.” The court on Friday called government counsel to ask the mother of the child to “survey her consent and custodial rights” but did not receive a response until approximately 45 minutes later, when government counsel informed the court that speaking with the mother was not possible because she had been released in Honduras. The court will hold a hearing on the deportation of the child on May 16. (Order.) (Habeas petition.)
Judge David Briones (W.D. Tex.) on Friday required the release from custody of two Venezuelan men and barred government respondents from detaining the petitioners as long as their temporary protected status remains valid. He required the respondents to provide the petitioners’ counsel 30 days’ notice before attempting to detain the petitioners again under either the Alien Enemies Act (AEA) or under the Immigration and Nationality Act. Judge Briones also barred the government from removing from the Western District of Texas noncitizens “detained in … federal immigration custody … who were, are, or will be subject to” Trump’s AEA proclamation and required 21 days’ notice before removal of individuals detained in the district pursuant to the AEA and the proclamation. (Order.)
Judge Sunshine Sykes (C.D. Cal.) on Friday granted a temporary restraining order preventing the government from deporting a Venezuelan individual “under the Alien Enemies Act or any legal authority other than the Immigration and Nationality Act” without 14 days’ notice. (Order.) (Kyle Cheney, X.)
Judge Paul Friedman (D.D.C.) on Friday issued a preliminary injunction barring government defendants from enforcing in full an executive order targeting federal government employee unions. (Order.) (Kyle Cheney, X.)
The Pacific Legal Foundation on Thursday filed in the U.S. Court of International Trade what appears to be the sixth lawsuit challenging Trump’s tariffs. The lawsuit is focused on Trump’s invocation of the International Emergency Economic Powers Act for the “liberation day” tariffs and for other tariffs the administration has levied against China. The suit also asserted that the tariffs violate nondelegation principles. (Complaint.) See Ilya Somin’s description of the lawsuit and how it compares to the other suits challenging Trump’s tariffs. (The Volokh Conspiracy.)
The Wall Street Journal reported that “[l]eaders 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.” The group, which includes approximately 10 schools, reportedly may consider agreeing to “cosmetic changes,” but plans to resist encroachments on their “operational independence.” (WSJ.)
Acting D.C. U.S. Attorney Ed Martin is reportedly targeting Wikimedia. In a letter obtained by The Free Press, Martin accused the organization of “allowing foreign actors to manipulate information and spread propaganda to the American public.” Martin in the letter “demanded responses” to 12 questions about the organization’s operations. (The Free Press.)
Samuel Bray analyzed a dataset of preliminary injunction cases from district courts in four circuits in 2023 and found a correlation of more than 96 percent between the court’s determination of the likelihood of success on the merits and the grant or denial of the preliminary injunction. Bray also offered guidance to federal courts in their consideration of preliminary injunctions. (The Review of Litigation, forthcoming.)
Steve Vladeck detailed the process for the U.S. government to revoke Americans’ citizenship. (One First.)
Harold Koh, Fred Halbhuber, and Inbar Pe’er argued that the deals law firms have agreed to with Trump are not enforceable, and that law firms should “reassert their independence” by making this claim and “tak[ing] specific, concrete actions that make clear that they still choose their own clients and cases.” (Just Security.)
Anna Bower sorted through administrative records the government recently filed in court to shed light on how active a role DOGE is playing in the federal government. (Lawfare.)
Serena Mayeri, Amanda Shanor, and Alexander Volokh argued that Trump’s “bogus” claims of emergency power are striking at the core of constitutional rights. (WAPO.)
Jason Willick argued that despite the president’s protestations, the only way the Trump administration can meaningfully reduce the process afforded to migrants is through legislative change. (WAPO.)
The New York Times compiled the views of 35 legal scholars on the legality of Trump 2.0 actions. (NYT.)
Steven Rattner cataloged what he called Trump’s “vast array of sordid practices” that Rattner said surpassed those of the Nixon presidency. (NYT.)
David French argued that what he views as Harvard’s legitimate faults don’t nearly justify the Trump administration’s actions against the school. (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
United States v. Shilling: Government filed application on April 24 to stay pending appeal district court nationwide injunction barring implementation of a Defense Department policy excluding transgender individuals from military service. Response to application due by 5:00 pm on May 1.
A.A.R.P. v. Trump: Plaintiffs filed application on April 18 to enjoin the government from deporting Venezuelan individuals and a putative class under the Alien Enemies Act. Court on April 19 enjoined the government from carrying out the deportations (dissent). Government filed response on April 19. Plaintiffs filed reply on April 21.
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions barring the firing of board members of the NLRB and MSPB. Chief Justice Roberts on April 9 stayed district court injunctions. Plaintiffs filed responses to the government’s application on April 15. Government filed reply on April 16.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court nationwide injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court set oral argument for May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court nationwide injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court set oral argument for May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court nationwide injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court set oral argument for May 15.