Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Supreme Court on Friday granted a stay of a district court judgment that had set aside the Department of Homeland Security’s termination Temporary Protected Status (TPS) for Venezuelan nationals, pending further proceedings. (Order.) (Politico.) Bill Shipley argued that the issue stemmed from former DHS Secretary Alejandro Mayorka’s last-minute extension of TPS for Venezuelans in the final days of the Biden administration. (Shipwreckedcrew.) Chris Geidner discussed the decision and Justice Jackson’s dissent. (Law Dork.)
The First Circuit Court of Appeals affirmed district court preliminary injunctions blocking President Trump’s Citizenship Order and related directives from taking effect. (Opinion.)
Judge Karin J. Immergut (D. Or.) on Sunday night issued a second temporary restraining order blocking the Trump administration from deploying out-of-state National Guard troops to Oregon, telling Justice Department lawyers that the president’s orders were “in direct contravention” of her order from the day prior. (Order.) (NYT.) On Saturday, Judge Immergut had issued a temporary restraining order barring the federalization of Oregon National Guard troops, finding that the president had likely “exceeded his constitutional authority and violated the Tenth Amendment.” (Opinion and order.) (NYT.) Chris Geidner summarized the developments, noting that the DOJ is appealing. (Law Dork.) Steve Vladeck argued that the Founding-era Congress required judicial approval for domestic troop deployments, undermining claims that courts lack such authority today. (One First.)
Illinois and the city of Chicago filed a lawsuit today in the U.S. District Court for the Northern District of Illinois Eastern Division seeking to block President Trump’s deployment of National Guard members to Chicago. (Complaint.) (NBC.)
Judge Nathaniel Gorton (D. Mass.) denied plaintiffs’ motion for a preliminary injunction, allowing the Trump administration to freeze or pull federal funding from two Massachusetts cities that have implemented “sanctuary” policies. (Memorandum & Order.)
Judge Waverly D. Crenshaw, Jr. (M.D. Tenn.) held that Kilmar Abrego Garcia is entitled to discovery and an evidentiary hearing on the motion to dismiss his indictment for vindictive and selective prosecution. (Memorandum Opinion.)
Judge María Antongiorgi-Jordán (D.P.R.) granted plaintiffs’ request for a preliminary injunction, blocking the Trump administration from removing three members of Puerto Rico’s Financial Oversight and Management Board. (Opinion & Order.)
The American Federation of Government Employees sued the Trump administration on Friday, alleging that the government violated plaintiffs’ First Amendment rights by inserting “partisan political speech” into the out-of-office email responses of furloughed Department of Education employees. (Complaint.) (NYT.)
A broad coalition of groups sued the Trump administration on Friday challenging President Trump’s executive order imposing a fee of $100,000 on H1-B visa applications, alleging that the order is not authorized by the Immigration and Nationality Act and violates the Administrative Procedure Act. (Complaint.) (AP.) See a previous Roundup for background. Ilya Somin argued that the order likely violates the nondelegation doctrine. (Volokh Conspiracy.)
The Trump administration announced on Friday that it is freezing $2.1 billion in federal funds for a Chicago transit project. According to the Wall Street Journal, the move follows other budgetary maneuvers targeting Democrat-led cities and states as the government shutdown continues. (WSJ.)
President Trump announced on Friday that he would restore federal funding to New York’s counterterrorism and law-enforcement programs which were rescinded last week because of New York City’s sanctuary city laws. (WSJ.) See a previous Roundup for background.
DHS Secretary Kristi Noem stated that there will be an Immigrations and Customs Enforcement presence at this year’s Super Bowl, where Puerto Rican artist Bad Bunny will be performing at halftime. (NYT.)
The Trump administration conducted another lethal strike on an alleged drug vessel near the coast of Venezuela on Friday. (WaPo.) Benjamin Wittes argued that the strikes are criminal acts under U.S. law. (Lawfare.) Mary B. McCord and Tess Bridgeman outlined questions regarding the extrajudicial killings that the Senate Judiciary Committee should pose to Attorney General Bondi in the committee’s upcoming oversight hearing on Tuesday. (Just Security.)
Eugene Kontorovich argued that President Trump should pre-empt potential prosecution in the International Criminal Court through a more aggressive approach to the ICC. (WSJ.)
Adam Unikowsky analyzed the facts and procedural history of L.G.M.L. v. Noem, rejecting the administration’s argument that deporting Guatemalan minors amounted to lawful “repatriation” rather than “removal.” (Adam’s Legal Newsletter.)
Vinita Singh argued that the acquisition of Electronic Arts by a consortium of investors is unlikely to undergo meaningful CFIUS review because one of the investment funds involved is managed by Jared Kushner. (Lawfare.)
Eugene Volokh discussed the First Amendment problems posed by the Trump administration’s “Compact for Academic Excellence.” (The Volokh Conspiracy.) Genevieve Lakier contended that the compact violates the unconstitutional conditions doctrine. (Divided Argument.)
Jake Tapper criticized the Justice Department’s firing of counterterrorism prosecutors and experts for allegedly political reasons. (The Atlantic.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Orr: The government filed an emergency application on September 19 requesting the Supreme Court to stay an injunction issued by a district court that requires the State Department to allow transgender and nonbinary people to choose the sex designation on their passports. Justice Jackson formally set a deadline of October 4 for a response to the application.