On June 14, 2019, the U.S. Court of Appeals for the D.C. Circuit upheld the District Court’s “preliminary injunction against the government’s blanket denial access to abortion for unaccompanied minors,” with Judge Laurence H. Silberman dissenting. The court “vacate[d] and remand[ed], though, a separate aspect of the district court’s preliminary injunction, which bars disclosure to parents and others of unaccompanied minors’ pregnancies and abortion decisions.”
On May 17, 2019, the Fourth Circuit Court of Appeals voted 2-1 that the Trump administration could not rescind the DACA program protecting young undocumented immigrants from deportation. The ruling, by Judge Robert Bruce King and Judge Albert Diaz states that the government’s removal of protections for immigrants who came to the United States as children violates the Administrative Procedure Act (APA). Judge Julius N. Richardson cast the dissenting vote.
The Trump Administration won a battle in the Ninth Circuit this week, when a three-judge panel permitted a policy that forces asylum-seekers to wait in Mexico as their U.S. court cases proceed. On May 7, 2019, the U.S. Court of Appeals for the Ninth Circuit granted the government’s emergency motion to stay the preliminary injunction that had been issued in April by a California District Court.
The case was initially filed in February by the American Civil Liberties Union and other groups on behalf of 11 asylum-seekers from Central America. The complaint alleged that the policy, known as the “Migrant Protection Protocols” (MPP) was in violation of a bedrock principle of U.S. and international law known as “nonrefoulement,” which means that prospective asylum seekers cannot be returned to places where they may be persecuted. It further argued that the MPP was capricious and arbitrary and in violation of the Administrative Procedure Act.
In an April 18 decision, the U.S. Court of Appeals for the Ninth Circuit ruled that nearly all of California’s “sanctuary state” law can remain in effect, dealing a blow to the Trump Department of Justice, which has challenged three of California’s “sanctuary” laws.
A lawsuit was filed in the United States District Court for the Eastern District of New York on May 21, 2018, challenging the Trump administration’s decision to terminate Temporary Protected Status for approximately 50,000 Haitians. On April 11, Judge William F. Kuntz II issued a preliminary injunction blocking the Trump administration’s decision pending the outcome of the litigation.
On February 15, 2019, President Trump signed the 2019 Consolidated Appropriations Act which provides $1.375 billion for the construction of primary pedestrian fencing in specific locations at the US-Mexican border (the Southern Border). On the same day, President Trump issued […]
On January 22, 2019, the U.S. Supreme Court opted not to act on Trump administration’s appeal in DACA II, which leaves DACA intact for now after the United States Court of Appeals for the Ninth Circuit’s affirmation of the District Court’s preliminary injunction on the termination of the DACA program. The Justices’ next private conference to consider petition seeking review is scheduled for February 15.
2018 continued to be a tumultuous and troubling year for Americans who believe that our Constitution protects us from violations of free speech, free press, due process, equal protection under the law, and the arbitrary power of government to usurp the rule of law. In 2018, the federal courts demonstrated again that they serve as the safety valve, checking abuses of power by the executive branch of government, including notably President Donald Trump and his administration.
More than one thousand Americans from forty different states have joined together in declaring independence from the policies and practices of President Trump. They anticipated that President Trump and his administration would violate basic American values and are documenting the major federal lawsuits challenging the President and his administration.
A few days before the Christmas holiday, the United States Supreme Court voted to maintain a ban on new immigration restrictions proposed by the Trump administration. The December 21 vote, in which Chief Justice Roberts joined Justices Breyer, Ginsburg, Kagan and Sotomayor, blocked new rules that would limit applications for asylum by those seeking to enter the United States.
A decision by Judge Jon S. Tigar on November 19 imposed the nationwide injunction on the proposed restriction, which would affect asylum seekers entering the United States solely through “designated ports of entry.” Judge Tigar found that this proposed rule contravened the language of the Immigration and Naturalization Act, which permitted asylum applications to be filed by immigrants who arrive in this country “whether or not at a designated port of arrival.”
U.S. District Judge Emmet G. Sullivan on December 17, 2018 blocked several Trump administration policies that made it more difficult for victims of gang and domestic violence to seek asylum in the United States. In a 107-page opinion, the Court rules that the policies are “arbitrary and capricious and contrary to law” and orders the government to cease their implementation