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The ACLU filed an amended complaint and a new request for a preliminary injunction in its case in D.C. challenging the Trump administration’s deportations under the Alien Enemies Act. Notably, the ACLU asked Judge Boasberg to “order[] Respondents to facilitate the[] return to the United States” of petitioners who have already been removed to El Salvador pursuant to President Trump’s proclamation. (Amended complaint.) (Motion for preliminary injunction.) (Memorandum in support of motion for preliminary injunction.) (Motion for class certification.) (Memorandum in support of motion for class certification.) (NYT.)
Judge Colleen Kollar-Kotelly (D.D.C.) on Thursday issued a preliminary injunction barring government defendants from requiring documentary proof of citizenship in the Election Assistance Commission’s national voter registration form, as directed in a Trump executive order. Judge Kollar-Kotelly declined to enjoin other parts of the order, such as Trump’s directive to the secretaries of homeland security and state to take certain actions to identify unqualified registered voters. (Order.) (Opinion accompanying order.) (Kyle Cheney, X.)
Judge Dabney Friedrich (D.D.C.) on Thursday issued a preliminary injunction prohibiting the Education Department from enforcing a requirement for state educational agencies to certify that they do not conduct DEI activities “to advantage one[] race over another” or lose federal funding and potentially subject themselves to liability. Judge Friedrich’s order permits the government to continue to take other enforcement actions under Title VI of the Civil Rights Act. (Order.) (Opinion accompanying order.)
A three-judge panel of the Ninth Circuit Court of Appeals on Thursday denied the government’s petition for rehearing en banc of the panel’s ruling that a district court order enjoining the Trump administration from withdrawing certain immigrant representation services is not appealable. (Order.) (Josh Gerstein, X.) (Temporary restraining order.)
The government on Thursday filed an application in the Supreme Court requesting a stay pending appeal of a district court nationwide injunction barring implementation of a Defense Department policy that would prevent transgender individuals from serving in the military. See prior Roundups (here, here, and here) for background. (Application.)
President Trump in a Thursday memo reportedly “directed his attorney general to investigate fundraising platforms such as ActBlue”—the main platform used by the Democratic party. (WAPO.) (White House fact sheet describing the memo.)
The government on Friday announced in court that it “restored the student visa registrations of thousands of foreign students studying in the United States who had minor — and often dismissed — legal infractions.” More than 50 judges had reportedly directed the administration to temporarily reverse the actions. (Politico.)
Bob Bauer and Jack Goldsmith discussed what the Trump Organization’s firing of ethics adviser Bill Burck suggests about the conflict between Harvard and the Trump administration. (Executive Functions.)
Scott Anderson analyzed how congressional restrictions might prevent the Trump administration from recognizing Russia’s sovereignty over Crimea. (Lawfare.)
Benjamin Wittes argued that Trump’s attack on Harvard and other major institutions is necessary for Trump to achieve his transformative, power-shifting agenda. (Lawfare.)
Chris Geidner asserted that an ICE enforcement official appeared to contradict the Justice Department’s statement in the Supreme Court that the government would “not … remove pursuant [to] the AEA those AEA detainees who do file habeas claims (including the putative class representatives).” (Law dork.)
Paul Barrett contended that Justice Department lawyers in challenging a temporary restraining order that prevented the shutting down of Voice of America failed to address the key holding underlying the order. (Just Security.)
Katherine Yon Ebright and Elizabeth Goitein argued that courts’ initial reactions to the Trump administration’s Alien Enemies Act removals do not portend success for the administration in using this law to implement its removal program in the long run. (The Atlantic.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
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. Response to application due by 5:00 pm 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.