On September 5, 2017, then-U.S. Attorney General Jeff Sessions announced that the government was terminating the Deferred Action for Childhood Arrivals (DACA) program. That same day, then–Acting Secretary of Homeland Security Elaine Duke issued a memorandum confirming the change. Multiple lawsuits challenging the Trump administration’s actions to terminate DACA were filed across the country. On January 9, 2018, Judge William Alsup of the U.S. District Court for the Northern District of California issued a preliminary injunction requiring the federal government to maintain the DACA program on a nationwide basis.
On November 8, 2018, the Ninth Circuit issued a decision (hereafter DACA II) affirming the lawfulness of the preliminary injunction. The Ninth Circuit first ruled that Acting Secretary Duke’s decision to rescind the DACA program is reviewable under the APA, because the Acting Secretary based the rescission of DACA solely on a belief that DACA was beyond the authority of DHS. It also ruled that INA Section 1252(g) does not deprive courts of jurisdiction to review the DACA rescission order.
On November 9, 2018, the Departments of Justice and Homeland Security published a Rule that placed an additional restriction on the right of asylum, namely that an asylum seeker would be ineligible for asylum if he or she entered the country in violation of a presidential Proclamation issued on or after that date. On the same day, President Trump issued a proclamation that suspended for 90 days the right of asylum seekers to enter the country across the U.S.-Mexico border except through officially designated ports of entry.
In response, various social service and legal organizations that assist immigrants filed a federal lawsuit in United States District Court (Northern District of California) against President Trump and others to seek a Temporary Restraining Order (TRO) to prevent the Rule from taking effect. On November 19, 2018, District Court Judge Jon S. Tigar issued a lengthy decision in which he scheduled a hearing on this matter for December 19, 2018, and imposed a nationwide TRO pending that hearing.
After Maryland’s challenge to Matthew Whitaker’s appointment as Acting Attorney General, on November 19, 2018, Sens. Richard Blumenthal (CT), Sheldon Whitehouse (RI), and Mazie Hirono (HI), filed a suit in DC Federal District Court against Matthew Whitaker and Donald Trump.
On November 13, 2018, Maryland Attorney General Brian E. Frosh filed a motion challenging the appointment of Matthew G. Whitaker as Acting Attorney General, as part of the state’s lawsuit, Maryland v. U.S. et al. The motion asks the court to declare that Deputy Attorney General Rod Rosenstein should be Acting Attorney General and represent the United States in this case.
By Rachel Serebrenik Over the last two months, federal judges across the United States have generally ruled in favor of “sanctuary cities.” On June 6, 2018 U.S. District Judge Michael Baylson ruled that the Trump administration cannot cut off funds to Philadelphia’s […]
By Ryan Lee On June 27th, 2018, the U.S. Supreme Court fees for AFSCME account for 78.06% of the full union dues. Janus, a state employee represented by AFSCME, fundamentally opposes the positions of the labor union with respect to […]
By Jennifer Hepner On June 11th, 2018, the United States Supreme Court ruled 5 to 4 in favor of the state of Ohio’s efforts to purge its voting rolls in Husted, Ohio Secretary of State v. A. Philip Randolph Institute […]
By Alyssa Kapasi On Wednesday, May 23, United States District Judge for the Southern District of New York Naomi Reice Buchwald issued a ruling in the case of Knight First Amendment Institute at Columbia University, Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, […]
On April 25, 2018 the Supreme Court of the United States heard oral arguments for the landmark case State Of Hawai’i And Ishmael Elshikh vs. Donald J. Trump, et al in which the State of Hawaii sued the federal government to stop the implementation of Executive Order No. 13,780. The executive order, which is titled “Protecting the Nation from Foreign Terrorist Entry into the United States.”, is President Trump’s third attempt at a travel ban and it restricts the entry of foreign nationals from 6 specified Muslim countries and two non-Muslim majority nations (Libya, Iran, Somalia, Syria, Yemen, North Korea, Venezuela and Chad). Chad was later removed from the Travel Ban on April 11, 2018. It also suspends entrants from the United States refugee program for specified periods of time.
On Friday, December 22, 2017, the Ninth Circuit Court of Appeals in Seattle affirmed in part and vacated in part the preliminary injunction order of the district court regarding the Trump Administration’s third travel ban attempt. This follows the U.S. Supreme Court’s order for a stay pending the resolution of the Ninth Circuit and Fourth Circuit appeals.
In their opinion, the judges concluded that the executive order conflicts with the Immigrant and Nationality Act’s “prohibition on nationality-based discrimination in the issuance of immigrant visas,” and that the “President’s issuance of the proclamation once again exceeds the scope of his delegated authority.”