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Judge Fernando Rodriguez (S.D. Tex.) on Thursday ruled that the government could not rely on the Alien Enemies Act to deport Venezuelan noncitizens who are members of Tren de Aragua. He permanently enjoined the government from detaining or removing under Trump’s proclamation the petitioners—three Venezuelan nationals held at El Valle detention center—and members of a certified class composed of Venezuelan nationals in the Southern District of Texas who have been or will be designated as “alien enemies” under Trump’s proclamation. Before issuing this decision, Judge Rodriguez determined in a separate order that individuals targeted by Trump’s proclamation could file a habeas class action, and he certified the class described immediately above. (Order and opinion on AEA merits.) (Class certification order.)
Chris Geidner summarized the AEA merits decision. (Law dork.) And Ilya Somin analyzed it. (The Volokh Conspiracy.)
The government on Thursday filed an application asking the Supreme Court to stay a district court order that provided nationwide relief requiring the government to keep in place temporary protected status for hundreds of thousands of Venezuelan migrants. See the district court order in a prior Roundup. (Application.)
A three-judge panel of the D.C. Circuit on Thursday administratively stayed certain district court directives requiring the government to disburse funds to U.S. Agency for Global Media news outlets. (Order.)
President Trump signed an executive order on Thursday directing the Corporation for Public Broadcasting to stop funding National Public Radio and the Public Broadcasting Service. (Executive order.)
Justice Ketanji Brown-Jackson on Thursday criticized recent “threats and harassment” against the federal judiciary. (Politico.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal a district court order that granted nationwide relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Court requested response by May 8 at 5:00 p.m.
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. Plaintiffs filed response to application 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.