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Judge Paula Xinis on Tuesday directed two-week discovery into the Trump administration’s apparent refusal to take action to return Kilmar Abrego Garcia to the United States. In the government’s status report on Tuesday, filed before the hearing, the acting general counsel of the Department of Homeland Security (DHS), Joseph Mazzara, said that the department was “prepared to facilitate Abrego Garcia’s presence in the United States … if he presents at a port of entry.” Mazarra also said that in this scenario, DHS would “take him into custody in the United States and either remove him to a [country other than El Salvador] or terminate his withholding of removal because of his membership in MS-13.” (Plaintiffs’ reply in support of motion for additional relief.) (Status report.) (Discovery order.)
Judge Loren AliKhan (D.D.C.) on Tuesday enjoined the government from enforcing key provisions of President Trump’s executive order targeting the law firm Susman Godfrey. Judge AliKhan ruled from the bench. (Order.)
Judge Mary McElroy (D.R.I.) on Tuesday issued a preliminary nationwide injunction against a broad swath of Trump administration spending freezes—including funds appropriated under the Inflation Reduction Act or the Infrastructure Investment and Jobs Act. (Order.)
Judge Tanya Chutkan (D.D.C.) on Tuesday issued a preliminary injunction barring the Environmental Protection Agency (EPA) from suspending or terminating certain grant awards, and enjoined Citibank from transferring funds out of accounts “established in connection with” the grants. Judge Chutkan also ordered Citibank to pay out funds properly incurred before the suspension of plaintiffs’ funds in February, but Chutkan directed the bank not to disburse any of the funds until Thursday to allow the EPA to file for a stay. (Order.)
Senate Minority Leader Chuck Schumer has said he will refuse to return “blue slips” consenting to the consideration of President Trump’s nominees for U.S. attorney in the Southern District of New York and the Eastern District of New York. The chairman of the Senate Judiciary Committee, Chuck Grassley, said recently that he would honor the blue slip tradition. (NYT.)
Bob Bauer suggested that Harvard is trying to resist the administration’s far-reaching demands while signaling its openness to dialogue. (Executive Functions.)
Jonathan Hafetz analyzed several habeas-related questions that may arise following the Supreme Court’s ruling in the Alien Enemies Act case. (Lawfare.)
Ilya Somin contended that Judge Xinis should impose more forceful obligations on the government to prevent the continued deprivation of due process for Garcia and to resist the administration’s broader attack against constitutional limits on its authority. (The Volokh Conspiracy.)
Steve Vladeck analyzed the government’s recent behavior in the Garcia matter, the authority of the district court to direct efforts to secure Garcia’s return, and the power of federal courts generally to prevent similar deportations without process from happening moving forward. (One First.)
David Graham argued that Trump’s firings across the federal government have cleared the path for retribution against Trump’s enemies. (The Atlantic.)
Cass Sunstein argued that the avoidance cannon and the major questions doctrine might come into play in litigation over the federal government’s attacks against universities. (Cass’s Substack.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions. Chief Justice Roberts on April 9 stayed district court injunctions. Plaintiffs filed responses to the government’s application on April 15.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.