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Judge Amir H. Ali (D.D.C.) on Friday denied the government’s motion to stay pending appeal a case challenging the Trump administration’s freezing of certain foreign aid. (Order.) Ali had issued a preliminary injunction earlier this month requiring the Department of State and other agency defendants to obligate expiring foreign aid funds by September 30, 2025. For background on the case, see previous Roundups.
Judge Edward M. Chen (N.D. Cal.) on Friday granted summary judgment to plaintiffs challenging the Trump administration’s termination of Temporary Protected Status (TPS) for Venezuelans and revocation of legal status for current Venezuelan and Haitian TPS holders under the Administrative Procedure Act (APA). Chen ruled that Department of Homeland Security Secretary Kristi Noem’s actions exceeded her statutory authority and were arbitrary and capricious and vacated her decisions. (Order.)
The Board of Immigration Appeals (BIA) ruled Friday that individuals in deportation proceedings who entered the United States without legal authorization are subject to mandatory detention for the duration of their immigration proceedings and are not eligible to be released on bond. (Decision.) (Politico.)
President Trump posted on Truth Social on Saturday “Chicago about to find out why it’s called the Department of WAR.” Meanwhile, elected officials in the city said they had not yet seen signs of heightened federal immigration enforcement. (NYT.) For background on Trump’s vows to crack down on illegal immigration in Chicago, see previous Roundups.
The Trump administration reportedly did not inform Congress about a SEAL Team 6 operation in North Korea in 2019 that resulted in the fatal shooting of unarmed North Korean civilians. (NYT.)
Federal grand juries convened in Washington D.C. have refused in at least seven cases to issue indictments against individuals targeted by President Trump’s law and order campaign in the city. (NYT.)
President Trump signed an executive order on Friday that empowers the Secretary of State to impose economic sanctions, export controls, and travel restrictions on countries that wrongfully detain Americans. (Executive Order.) (WAPO.)
Negotiations between the Trump administration and Harvard have reportedly stalled as a divide emerges within the Trump administration between aides eager to deliver a deal to the president and those who contend the terms are too favorable to the university. (NYT.)
Jack Goldsmith and Bob Bauer discussed the implications of last week’s lethal strike on alleged Venezuelan terrorists for domestic presidential military strikes. (Executive Functions.)
Scott R. Anderson argued that the U.S. military’s killing of eleven people “positively identified” as members of the Venezuelan drug cartel Tren de Aragua aboard a ship in the Caribbean marked a novel use of the U.S. military to target individuals traditionally considered civilians. (Lawfare.)
David French argued that the Trump administration’s military strike against Tren de Aragua members was “conducted against suspects without due process, in the absence of any need for immediate self-defense…without congressional authorization and without basis in international law.” (NYT.)
Ilya Somin argued that the Pentagon’s move to divert military lawyers to serve as temporary immigration judges is inimical to due process. (Volokh Conspiracy.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.” Pedro Vasquez Perdomo filed a response in opposition to the government’s application for a stay on August 12. The government filed a reply in support of its application for a stay on August 13.
Trump v. Slaughter: The government filed an emergency application on September 4 requesting the Supreme Court stay a district court decision to allow the firing of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter to proceed.