Supreme Court (US)

Subterms

    More stories

    • 138 Shares189 Views

      in Elections

      Trump Administration Asks Justices to Reject A.C.L.U. Request to Pause Deportations

      by

      Trump administration lawyers urged the Supreme Court in a court filing Saturday afternoon to reject an emergency request to temporarily block deportations of Venezuelans under a rarely invoked 18th-century wartime law.Solicitor General D. John Sauer asked the justices to “dissolve” the administrative stay they had issued early Saturday that blocked the deportations while they considered the application, and to allow lower courts to weigh in before intervening further in the case.The deportations remain paused while the justices consider the matter. In emergency applications, the Supreme Court can act at any time.In his filing, Mr. Sauer called the request by lawyers for the migrants that the justices step in “fatally premature” and argued that they had “improperly skipped over the lower courts.”He said that the government had provided advance notice to detainees subject to imminent deportation and that they “have had adequate time to file” claims challenging their removal. Mr. Sauer added that the government had agreed it would not deport any detainees with pending claims.The 17-page court filing came hours after a rare overnight ruling by the justices, who in a one-page, unsigned order had blocked the Trump administration from deporting the migrants.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 138 Shares189 Views

      in Elections

      An Urgent Supreme Court Order Protecting Migrants Was Built for Speed

      by

      There are sculptures of tortoises scattered around the Supreme Court grounds. They symbolize, the court’s website says, “the slow and steady pace of justice.”But the court can move fast when it wants to, busting through protocols and conventions. It did so around 1 a.m. on Saturday, blocking the Trump administration from deporting a group of Venezuelan migrants accused of being gang members under a rarely invoked 18th-century wartime law.The court’s unsigned, one-paragraph order was extraordinary in many ways. Perhaps most important, it indicated a deep skepticism about whether the administration could be trusted to live up to the key part of an earlier ruling after the government had deported a different group of migrants to a prison in El Salvador.That unsigned and apparently unanimous ruling, issued April 7, said that detainees were entitled to be notified if the government intended to deport them under the law, “within a reasonable time,” and in a way that would allow the deportees to challenge the move in court before their removal.There were indications late Friday that the administration was poised to violate both the spirit and letter of that ruling. Lawyers for the detainees said their clients were given notices that they were eligible to be deported under the law, the Alien Enemies Act. The notices were written in English, a language many of them do not speak, the lawyers said. And they provided no realistic opportunity to go to court.The American Civil Liberties Union, racing against the clock, filed its emergency application to the Supreme Court on Friday evening — Good Friday, as it happened — and urged the court to take immediate action to protect the detainees as part of a proposed class action.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 150 Shares169 Views

      in Elections

      A Timeline of the Trump Administration’s Use of the Alien Enemies Act

      by

      In the 36 days since President Trump invoked a powerful wartime law to deport Venezuelan migrants accused of gang membership, a complex and high-risk legal battle has played out in the federal courts.The Supreme Court has weighed in twice, issuing orders limiting the government’s use of the law, the Alien Enemies Act of 1798. The court’s latest order, which came around 1 a.m. on Saturday, blocked the deportations of Venezuelans held in Texas hours after the American Civil Liberties Union said the Trump administration was preparing to expel them without due process.At times, the Trump administration has been accused of disregarding judicial orders as it proceeds with its immigration policies and deportation efforts, deepening legal scholars’ concern that the country could be facing a constitutional crisis.Here is a timeline:March 14: The Trump administration issued an executive order invoking the Alien Enemies Act, but the order was not immediately made public. The proclamation said that the government was targeting the violent Venezuelan street gang Tren de Aragua, which it said was threatening an invasion of the United States. The Alien Enemies Act allows the government to detain and expel immigrants age 14 or older without a court hearing when the United States is invaded or at war. It is the fourth time the law has been invoked in American history.March 15: Fearing that the Trump administration was preparing to immediately expel Venezuelans in custody without hearings, the A.C.L.U. filed a lawsuit in federal court in Washington seeking to block the president from invoking the law. The same day, the administration published the executive order. In a hastily scheduled virtual hearing, a federal judge in Washington, James E. Boasberg, was told by the A.C.L.U. that planes were leaving the United States with Venezuelans. He ordered the government not to deport anyone under the law and to return any planes that had already taken off, “however that’s accomplished.”March 16: On social media, El Salvador’s president, Nayib Bukele, published a video of men being led off a plane in handcuffs and taken into a prison in his country. Mr. Bukele posted an article about Judge Boasberg’s order and wrote, “Oopsie… Too late.” The Trump administration insisted it did not violate Judge Boasberg’s order. The White House press secretary, Karoline Leavitt, said in a statement that federal courts “have no jurisdiction” over the president’s handling of foreign affairs.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 150 Shares199 Views

      in Elections

      Trump Administration Blames Boasberg for Escalating Tensions Between Courts and White House

      by

      After attacking judges and repeatedly sidestepping their orders, the Trump administration has accused a federal judge in Washington of escalating tensions between the judicial and executive branches by seeking to hold the White House accountable for its courtroom behavior.The accusation against the judge, James E. Boasberg, came in a court filing early Friday morning by the Justice Department. In it, department lawyers asked the federal appeals court that sits over Judge Boasberg to prevent him from opening an expansive contempt inquiry into whether the White House violated an order he issued in March to stop flights of Venezuelan migrants from being sent to El Salvador under the authority of a powerful wartime statute.Much of the filing to the U.S. Court of Appeals for the District of Columbia read like a normal legal brief, laying out the government’s challenge to a judicial order it did not like. But in its opening line, department lawyers made clear that they believed Judge Boasberg’s recent threat to open criminal contempt proceedings in the deportation case represented another salvo in an increasingly bitter battle between the White House and the courts.“‘Occasions for constitutional confrontation between the two branches should be avoided whenever possible,’” the department lawyers wrote, failing to mention their own role in fostering such confrontations. “The district court’s criminal contempt order instead escalates the constitutional stakes by infringing core executive prerogatives.”The Justice Department’s attempt to blame Judge Boasberg for raising the temperature came as another federal judge, in another deportation case, has opened her own high-stakes inquiry into whether the administration has violated court orders.In that case, Judge Paula Xinis announced on Tuesday in Federal District Court in Maryland that the administration in the next two weeks would have to answer questions about why it had so far apparently failed to comply with directions from the Supreme Court to “facilitate” the release of a Maryland man, Kilmar Armando Abrego Garcia, from the same Salvadoran prison to which the Venezuelan migrants had been sent.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 175 Shares169 Views

      in Elections

      Trump officials renew opposition to ruling on Maryland man wrongly deported to El Salvador

      by

      The Trump administration on Sunday evening doubled down on its assertion that a federal judge cannot force it to bring back to the United States a Maryland man who was unlawfully deported to a notorious prison in El Salvador last month.In a brief legal filing, the Justice Department reiterated its view that courts lack the ability to dictate steps that the White House should take in seeking to return the man, Kilmar Armando Abrego Garcia, to U.S. soil, because the president alone has broad powers to handle foreign policy.“The federal courts have no authority to direct the executive branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner,” lawyers for the department wrote. “That is the ‘exclusive power of the president as the sole organ of the federal government in the field of international relations.’”The position taken by Trump officials was not the first time they had tried to defy efforts compelling them to seek Mr. Abrego Garcia’s return from El Salvador. Still, their continued recalcitrance meant that Mr. Abrego Garcia, a 29-year-old father of three, would for now remain at the CECOT prison in El Salvador, where he was sent with scores of other migrants on March 15.The administration’s stubbornness was also likely to heighten tensions between the White House and the judge overseeing the case, Paula Xinis. Judge Xinis has scheduled a hearing to discuss next steps in the matter on Tuesday in Federal District Court in Maryland.The conflict has persisted even though the Supreme Court last week unanimously ordered the administration to “facilitate” Mr. Abrego Garcia’s release from Salvadoran custody. Trump officials have in fact already admitted that they made an “administrative error” when they put Mr. Abrego Garcia on the plane to El Salvador in the first place.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 188 Shares189 Views

      in Elections

      U.S. ‘Continues to Delay, Obfuscate and Flout’ Courts in Return of Deported Man, Lawyers Say

      by

      Lawyers for a Maryland man who was unlawfully deported to a prison in El Salvador assailed the Trump administration on Friday for trying to delay its explanation for how it plans to bring him back, calling the move a “stunning display of arrogance and cruelty.”“The government continues to delay, obfuscate and flout court orders, while a man’s life and safety is at risk,” the lawyers wrote in court papers filed in the case.On Thursday evening, the Supreme Court unanimously ruled that Trump officials needed to “facilitate” the return to the United States of Kilmar Armando Abrego Garcia, a 29-year-old Salvadoran migrant who flown from Texas to El Salvador on March 15.The officials have already acknowledged that they made an “administrative error” when they put Mr. Abrego Garcia on the plane despite a previous court order that had expressly prohibited sending him back to his homeland.As part of its ruling, the Supreme Court told the administration that it should be prepared to “share what it can concerning the steps it has taken” to get Mr. Abrego Garcia back on U.S. soil as well as “the prospect of further steps” it intends to take.Echoing the justices’ demand, Judge Paula Xinis, who is handling the case in Federal District Court in Maryland, told the Justice Department to submit to her by 9:30 a.m. on Friday a written declaration of what the administration had already done and what it planned to do in its efforts to retrieve Mr. Abrego Garcia from El Salvador. Judge Xinis also set a hearing for 1 p.m. on Friday to discuss the next steps in the case.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 138 Shares129 Views

      in Elections

      Appeals Court Clears Path for Trump to Resume Firing Probationary Workers

      by

      The Trump administration is once again free to fire probationary employees. For now.The U.S. Court of Appeals for the Fourth Circuit, in a 2-to-1 decision, sided with the government on Wednesday to block a lower-court ruling in Maryland that had led to the reinstatement of thousands of federal workers who had been fired in February.The purge of the employees had marked one of the first stages of President Trump’s plan to rapidly downsize the civil service and overhaul or eliminate entire offices and programs. Since then, the status of the workers has been tied up in legal battles over whether the firings had been carried out lawfully.The Wednesday appeals court decision came a day after the Supreme Court blocked a similar ruling in California reining in the government in a separate case. There is now no court order in place to stop the government from firing probationary employees.Both courts ruled on narrow issues of standing: whether the probationary firings harmed the plaintiffs so much that they had the right to sue in district court. In California, nonprofit organizations sued the government over the firings at six agencies because they said they benefited from the services the federal workers provided. In Maryland, 19 states and the District of Columbia sued 20 federal agencies, arguing that the government was obligated to give them notice when personnel actions could abruptly and significantly increase demand for unemployment benefits.It was not immediately clear what the latest decision meant for the thousands of fired probationary employees, nearly all of whom had been recently reinstated as a result of district court orders. The back-and-forth has left the employees in a state of limbo, wondering if they will be fired again after having just been rehired.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 125 Shares129 Views

      in Elections

      Lawyers for Venezuelans Challenge Alien Enemies Act Deportations in Texas

      by

      Broadening their efforts to stop the Trump administration from using a rarely invoked wartime statute to carry out deportations, lawyers for the American Civil Liberties Union on Wednesday asked a federal judge in Texas to bar the White House from using the law to send Venezuelan migrants to El Salvador.The filings by the A.C.L.U., submitted in Federal District Court in Brownsville, Texas, were in direct response to a Supreme Court decision on Monday. That ruling permitted the migrants to challenge efforts to deport them under the wartime law, known as the Alien Enemies Act, but only in the place they were being held.The three Venezuelans identified in the Texas filings — albeit only by their initials — had already secured a court order from a federal judge in Washington last month shielding them from being flown to El Salvador under President Trump’s invocation of the act. But the Supreme Court, in its ruling, vacated the order by that judge, James E. Boasberg, saying that the A.C.L.U.’s case on behalf of the men should have been filed in Texas, not Washington.On Tuesday, the A.C.L.U. filed a similar case in New York, noting that two of the Venezuelans subject to Mr. Trump’s proclamation had been moved from a detention center in Texas to one in the town of Goshen, in Orange County, N.Y. An emergency hearing has been scheduled in that case for Wednesday morning in Federal District Court in Manhattan.Mr. Trump’s efforts to use the Alien Enemies Act to deport scores of Venezuelan migrants have set off one of the most contentious legal battles of his second term. It began last month, after the president invoked the act, which has been used only three times since it was passed in 1798, to authorize the deportation of people he claims were members of Tren de Aragua, a violent Venezuelan street gang.The A.C.L.U. immediately challenged Mr. Trump’s use of the act in court filings in Washington, even as the administration rushed more than 100 Venezuelan migrants on to planes to El Salvador. Once there, they were put in a megaprison called CECOT, known for its brutal conditions.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More