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The Board of Immigration Appeals held Tuesday that immigration judges lack authority to redetermine the custody status of a noncitizen who has not been admitted to the United States, even if the individual was previously designated an unaccompanied alien child or has an approved special immigrant juvenile petition. (Interim Decision.)
President Trump on Tuesday announced that he had selected Bill Pulte, director of the Federal Housing Finance Agency and chairman of Fannie Mae and Freddie Mac, to serve as acting director of national intelligence. (WaPo.) The appointment raised alarm among lawmakers, including some Republicans, who expressed concern over his lack of qualification for the position. (The Hill.) Shane Harris argued that Trump selected Pulte because he “can be counted on to go after the president’s enemies.” (The Atlantic.) Bob Bauer spoke with former Director of National Intelligence Avril Haines about what the job entails. (Executive Functions.)
During testimony before the Senate Appropriations Committee on Tuesday, Homeland Security Secretary Markwayne Mullin declined to commit to complying with federal court orders in the future. “If we didn’t think courts were politicized, then I would probably be able to answer that,” Mullin told Sen. Chris Murphy. “But we see courts over and over again that use their bench for their political opinion, not just the rule of law.” (Politico.) (LA Times.)
Acting Attorney General Todd Blanche told lawmakers on Tuesday that the Justice Department is “not moving forward” with the Anti-Weaponization Fund—“period.” (NYT.) Blanche said that the Justice Department’s separate agreement arising from the settlement of President Trump’s IRS lawsuit, which shields the president, his family, and his businesses from audits of previously filed tax returns, would remain in place. (NYT.)
The Pentagon confirmed on Tuesday that it has hired Elias Irizarry, who was formerly convicted on charges related to his participation in the Jan. 6 attacks on the U.S. Capitol, to work in the Defense Department office that oversees sensitive special operations and irregular warfare matters. (The Hill.) His appointment has reportedly “raised alarm internally.” (WaPo.)
Bob Bauer argued that congressional efforts to hold President Trump accountable for self-enrichment while in office could influence how courts evaluate a future self-pardon. (Executive Functions.)
Alex Joel argued that Congress should consider a middle-ground approach to certain sensitive U.S.-person queries under Section 702 of the Foreign Intelligence Surveillance Act. (Lawfare.)
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. The Court heard oral argument on April 29, 2026.
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. The Court heard oral argument on April 29, 2026.