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A three-judge panel of the the Second Circuit today ruled that noncitizens already present in the United States are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) and affirmed a district court’s grant of habeas relief to a Brazilian national who was detained in September 2025 after living in the United States for two decades. The decision creates a circuit split, putting the Second Circuit at odds with the Fifth and Eighth Circuits, which have each upheld the Trump administration’s detention policy. (Opinion.) (Politico.)
Prosecutors on Monday charged Cole Tomas Allen, the suspected gunman at the White House Correspondent’s dinner, with attempted assassination of the president and federal firearms charges. Allen made his initial appearance in the District Court for the District of Columbia on Monday and did not enter a plea. (Complaint.) (Affidavit.) (NYT.)
Citing Saturday’s attempted assassination, Acting Attorney Todd Blanche and two senior Department of Justice officials on Monday filed a motion in the District Court for the District of Columbia for an indicative ruling dissolving the court’s injunction of the proposed White House ballroom. (Motion.) The National Trust for Historic Preservation, the plaintiff in the case, indicated that it would oppose the motion in an April 26 letter to DOJ and maintained that despite “Saturday’s awful event,” the president cannot construct a ballroom on White House grounds without congressional authorization. (WaPo.)
Judge Gerald J. Pappert (E.D. Penn.) on Monday granted the University of Pennsylvania’s motion to stay his order requiring the university to comply by May 1 with a subpoena from the Equal Employment Opportunity Commission seeking information related to alleged antisemitic harassment of Jewish employees. The stay will remain in effect until the Third Circuit issues its decision and mandate in the university’s appeal. (Order.) (Memorandum.) (NYT.)
According to the New York Times, the Equal Employment Opportunity Commission under Chair Andrea Lucas has pressured staff to prioritize and fast-track discrimination cases “that fit the Trump administration’s priorities” and “that have little evidence and tenuous legal bases.” (NYT.)
Politico reports that Todd Blanche could lead the Justice Department for months without Senate confirmation, as legal ambiguity over federal vacancy and succession laws may allow him to remain in an acting role beyond the 210-day limit imposed by the Federal Vacancies Reform Act. (Politico.)
Two senior administration officials reportedly told the Atlantic that Vice President J.D. Vance has repeatedly questioned the accuracy of information from the Defense Department regarding the Iran war and expressed concerns about depleted weapons stockpiles in discussions with President Trump. (The Atlantic.)
Erwin Chemerinsky argued that if the Iran war continues through Friday without congressional authorization, the war will clearly be illegal and that the federal judiciary should enforce the law. (NYT.)
Peter Harrell wrote that “Trump’s recent Section 232 tariff actions push the legal boundaries of the statute and should face greater legal and congressional scrutiny.” (Lawfare.)
Matteo Wong and Lila Shroff examined scenarios in which the Trump administration could assert control over AI companies, from full to “soft” nationalization. (The Atlantic.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. Both sides filed supplemental briefs on November 19 and the Court heard oral argument on Jan. 21, 2026.
Mullin v. Doe: The government filed an application on February 26 requesting the Supreme Court stay pending appeal of a preliminary injunction issued by a district court preliminarily enjoining then-Secretary of Homeland Security Kristi Noem from terminating temporary protected status designation for Syria. The government asked the Court to construe the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with a challenge to the Department of Homeland Security’s termination of Temporary Protected Status designations for Haiti and granted certiorari before judgment of the consolidated cases while deferring action on the government’s request for a stay.
Trump v. Miot: The government filed an application on March 11 requesting the Supreme Court to stay a lower court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate temporary protected status designation for Haiti. The government also asked the Court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with Mullin v. Doe.