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The New York Times reported that Judge Brian Murphy (D.Mass.) during a Tuesday hearing on purported deportations to South Sudan “repeatedly expressed concerns that the administration had violated his order not to deport immigrants to countries where they are not from” without appropriate notice. Immigration lawyers said that at least two migrants—one from Myanmar and the other from Vietnam—had been notified that they would be deported to South Sudan. A lawyer for the Justice Department said that the man from Myanmar had been returned to his home country. Judge Murphy ordered the government to “maintain custody and control” of class members in the case—individuals with a final removal order who were or will be deported to a third country—“currently being removed to South Sudan or to any other third country, to ensure the practical feasibility of return if the Court finds that such removals were unlawful.” (Judge Murphy’s Tuesday order.) (Judge Murphy’s earlier preliminary injunction related to third-country removals.) (NYT.)
The New York Times reported on Tuesday that the Justice Department opened a criminal investigation into Andrew Cuomo, who is currently running in the New York City mayoral election, over Cuomo’s alleged false statements to Congress about his actions as governor during the coronavirus pandemic. (NYT.)
The Justice Department charged Rep. LaMonica McIver (D-NJ) with two counts of “assaulting, resisting, and impeding certain officers or employees” following McIver’s confrontation with federal law enforcement officers outside an immigration center on May 9. (Complaint.) (WSJ.)
Bob Bauer argued that President Trump’s pledge to order an investigation into entertainers who performed for the Harris campaign highlights dramatic law enforcement disruptions in Trump 2.0. (Executive Functions.)
Rebecca Ingber argued that just because the president is afforded deference in foreign affairs does not mean that Trump’s judgments about the meaning of the Alien Enemies Act as applied to Tren de Aragua are nonjusticiable. (Just Security.)
Thomas Edsall gathered expert views on the transformational nature of and historical parallels for the Trump presidency. (NYT.)
Scott Levy argued that the law firm deals with the Trump administration probably violate a law that requires “funds received by the government [to] be deposited into the Treasury and thus managed by the congressional appropriations process.” (Just Security.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Trump v. American Federation of Government Employees: Government filed application on May 16 to stay pending appeal district court order that prevented the government from enforcing an executive order directing federal agencies to prepare to conduct “large-scale reductions in force.”
Noem v. Doe: Government filed application on May 8 to stay pending appeal district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Plaintiffs filed response on May 15. Government filed reply on May 16.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions that barred 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 universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
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