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The Supreme Court on Tuesday heard argument in Department of Labor v. Sun Valley Orchards, LLC, on whether the Department of Labor may impose civil penalties on employers in the H-2A farmworker program through its own administrative adjudication rather than in federal court. The government argued that the penalties fall within historical public-rights exceptions for immigration and government benefits; the New Jersey farm argued that Article III requires such claims to be heard in court. (Transcript.) (SCOTUSblog.)
Judge Mary S. McElroy (D.R.I.) on Monday ruled that the Department of Homeland Security and the Federal Emergency Management Agency violated a permanent injunction barring them from conditioning 20 states’ federal grants on cooperation with federal immigration enforcement by attaching a new set of immigration conditions to FY2026 awards. Judge McElroy found that seven of the eight conditions were “either identical or nearly identical” to conditions the court vacated last year, and directed the agencies to reissue the award letters without the conditions. (Order.) For background on the injunction, see a previous Roundup.
A family of Iranian nationals detained since April sued the Department of Homeland Security and the State Department on Wednesday over what they allege is a government program of sharing detained Iranians’ records with Iran to arrange their deportations. The plaintiffs, lawful permanent residents facing removal to Iran, seek an accounting of any disclosure of their records and an order blocking future disclosure. (Complaint.) For more on the government’s alleged record-sharing arrangement with Iran, see a previous Roundup.
Aaron F. Reitz, the U.S. attorney for the Southern District of Texas, demanded in a letter on Wednesday that Sen. Richard Blumenthal (D-Conn.) preserve all documents related to what the letter calls Blumenthal’s “intent to deprive citizens of their core constitutional rights,” a reference to the senator’s requests to donors funding the White House ballroom. (Letter.) (NBC.) Blumenthal responded within hours, directing Reitz to preserve all correspondence with the White House or senior DOJ officials “related to the decision to draft and post your letter.” (Response Letter.)
Rep. Jared Huffman (D-Calif.), the ranking Democrat on the House Natural Resources Committee, sent letters dated Nov. 9 to 36 federal agencies and private organizations asking them to preserve records responsive to the committee’s investigations of the Trump administration. (Letters.) (Press Release.) Congressional sources informed CNN that whistleblowers have warned the committee that the Interior Department is destroying records related to the president’s construction projects, allegations the department called “100% false.” (CNN.)
Zachary Price argues in a forthcoming paper that “the central engine of federal legitimacy is spluttering,” and proposes that Congress and the courts respond by reinforcing Congress’s “reactive” powers over appropriations and oversight. (SSRN.) (Notice & Comment.)
Chaim Saiman argued that congressional Democrats should offer to curb their investigations of President Trump’s family in exchange for his support of legislation, including limits on self-enrichment and guardrails on emergency powers that could take effect in 2029. (The Atlantic.)