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A divided panel of the Eighth Circuit on Wednesday upheld the Trump administration’s mandatory immigration detention policy under 8 U.S.C. § 1225(b)(2)(A). (Order.) (Politico.) Chris Geidner analyzed the decision. (Law Dork.)
A divided panel of the Ninth Circuit on Wednesday issued a temporary administrative stay of lower courts’ injunctions restricting ICE agents’ use of crowd control tactics, including “chemical or projectile munitions,” on protesters outside a Portland ICE facility. The court expedited briefings and scheduled oral arguments for April 7. (Order.) For background on the litigation, see a prior Roundup.
Judge James E. Boasberg (D.D.C.) on Wednesday granted the Trump administration’s motion to dismiss a lawsuit brought by legal services groups challenging the government’s agreement with El Salvador that allowed the U.S. to transfer individuals in its custody to detention facilities in El Salvador. Judge Boasberg ruled that the plaintiffs lacked standing and that the diplomatic agreement “does not itself carry independent legal force.” (Opinion.)
The New York Times reported based on anonymous sourcing that the Department of Justice has agreed to pay former national security adviser Michael Flynn $1.25 million to settle a wrongful prosecution lawsuit. Flynn sued the government in 2023 in the U.S. District Court for the Middle District of Florida, contending the DOJ wrongfully prosecuted him for making false statements to federal agents investigating ties between Russia and the Trump 2016 election campaign. (Notice of settlement.) (NYT.)
The United States reportedly circulated a 15-point peace plan on Wednesday to end the military conflict in Iran that included demands that Iran completely relinquish its nuclear program. The Iranian government declared it would not end the conflict unless the U.S. paid war reparations and recognized “Iran’s exercise of sovereignty over the Strait of Hormuz.” (NYT.)
In light of reports that TikTok investors paid the government billions of dollars as part of a deal to keep the company operating, Ashley Deeks and Kristen Eichensehr argued that Congress should ban the government from accepting payments for “national security-related approvals to conclude transactions, export products, or receive licenses.” (Just Security.)
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.
Noem 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 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.