Executive Functions Roundup

Reasonable fear

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Judge Brian Murphy (D. Mass.) determined during a Wednesday hearing that the deportation of six non-citizens to South Sudan violated an April preliminary injunction barring third-country deportations without appropriate notice and opportunity for challenge. Judge Murphy directed the government to provide the six deportees with “reasonable fear interviews” so they could raise concerns regarding their deportation to third countries. (Order directing process and the maintenance of custody.) (Order clarifying the preliminary injunction.) (Politico.)

Judge Clay Land (M.D. Ga.) ordered the government not to remove a detained noncitizen from Venezuela “as an alien enemy” until the government submits to the court “a proposed revised alien enemy removal process as applied to Petitioner that is consistent with the Supreme Court opinion in A.A.R.P.” and the court has issued an order describing the due process obligations necessary to safeguard the petitioner’s constitutional rights “in light of the most recent Supreme Court opinions.” (Order.)

Judge Paul Friedman (D.D.C.) on Wednesday issued a preliminary injunction requiring the government to reinstate grant funds for desegregation-related work in the South. (Order.) (Opinion.)

The government on Wednesday asked the Supreme Court to stay two district court orders providing for discovery into DOGE in a case seeking to gather information from DOGE under the Freedom of Information Act. Chief Justice Roberts requested a response to the application by Friday at 12:00 p.m. (Application.)

The Defense Department said Wednesday that the U.S. had formally accepted a Boeing 747 aircraft from Qatar for eventual use as a new Air Force One. (NYT.)

Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court

• U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay pending certiorari or mandamus two district court orders providing for discovery into DOGE. Chief Justice Roberts requested a response to the application by May 23 at 12:00 p.m.

• Trump v. American Federation of Government Employees: Government filed application on May 16 to stay pending appeal district court order that prevented the government from enforcing an executive order directing federal agencies to prepare to conduct “large-scale reductions in force.”

• Noem v. Doe: Government filed application on May 8 to stay pending appeal district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Plaintiffs filed response on May 15. Government filed reply on May 16.

• Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.

• Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court orders that barred the firing of board members of the NLRB and MSPB. Chief Justice Roberts on April 9 stayed district court orders. 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 universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.

• Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.

• Trump v. CASA: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.