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The Independent
17 hours ago
- General
- The Independent
What cases are left on the Supreme Court's emergency docket? Here's a look
The sequence of events is familiar: A lower court judge blocks a part of President Donald Trump's agenda, an appellate panel refuses to put the order on hold while the case continues and the Justice Department turns to the Supreme Court. Trump administration lawyers have filed emergency appeals with the nation's highest court a little less than once a week on average since Trump began his second term. The court is not being asked to render a final decision but rather to set the rules of the road while the case makes it way through the courts. The justices have issued orders in 11 cases so far, and the Trump administration has won more than it has lost. Among the administration's victories was an order allowing it to enforce the Republican president's ban of on transgender military service members. Among its losses was a prohibition on using an 18th century wartime law called the Alien Enemies Act to deport Venezuelans alleged to be gang members to a notorious prison in El Salvador. The most recent emergency filing arrived May 27. A judge rebuked the administration over deportations to South Sudan The Trump administration's latest appeal asks the high court to halt an order by U.S. District Judge Brian Murphy in Boston. The White House violated his earlier order, Murphy found, with a deportation flight bound for the African nation carrying people from other countries who had been convicted of crimes in the U.S. Those immigrants must get a real chance to raise any fears that being sent there could put them in danger, Murphy wrote. Trump's top Supreme Court lawyer, Solicitor General D. John Sauer, asked for an immediate high court order that would allow the third-country deportations to resume. Murphy has stalled efforts to carry out deportations of migrants who can't be returned to their home countries, Sauer wrote. Finding countries willing to take them is 'a delicate diplomatic endeavor' and the court requirements are a major setback, he said. Lawyers for the deported men have until Wednesday to respond. A watchdog group is trying to bring transparency to DOGE The Department of Government Efficiency, overseen by billionaire Trump adviser Elon Musk until his departure on Friday, is resisting a lawsuit calling for it to publicly disclose information about its operations. Citizens for Responsibility and Ethics in Washington argues in a lawsuit that DOGE, which has been central to Trump's push to remake the government, is a federal agency and must be subject to the Freedom of Information Act. CREW claims that DOGE 'wields shockingly broad power' with no transparency about its actions. The administration says DOGE is just a presidential advisory body that is exempt from FOIA disclosures. U.S. District Judge Christopher Cooper had found that its role is likely more than just advisory, especially in helping to shutter the U.S. Agency for International Development and cut billions of dollars in government contracts. The administration appealed Cooper's orders requiring documents be turned over and acting Administrator Amy Gleason to answer questions under oath. Last week, Chief Justice John Roberts agreed to temporarily pause the orders pending additional word from the Supreme Court. A judge blocked DOGE's access to Social Security systems over privacy concerns Social Security has personal data on nearly everyone in the country, including school records, bank details, salary information and medical and mental health records for disability recipients, according to court documents. The Trump administration says DOGE needs access to Social Security's systems as part of its mission to target waste in the federal government. But U.S. District Judge Ellen Hollander in Maryland restricted the team's access to Social Security under federal privacy laws, saying DOGE's efforts at the agency amounted to a 'fishing expedition' based on 'little more than suspicion' of fraud. The judge is disrupting DOGE's work and interfering with decisions that belong to the executive branch, not courts, Sauer wrote in asking the high court to block Hollander's order in the suit filed by labor unions and retirees. The justices could act anytime. Trump wants to change citizenship rules in place for more than 125 years Several judges quickly blocked an executive order Trump signed his first day in office that would deny citizenship to children who are born to people who are in the country illegally or temporarily. The administration appealed three court orders that prohibit the changes from taking effect anywhere in the country. Earlier in May, the justices took the rare step of hearing arguments in an emergency appeal. It's unclear how the case will come out, but the court seemed intent on keeping the changes on hold while looking for a way to scale back nationwide court orders. One possibility advanced by some justices was to find a different legal mechanism, perhaps a class action, to accomplish essentially the same thing as the nationwide injunctions blocking Trump's citizenship order. Nationwide injunctions have emerged as an important check on Trump's efforts to remake the government and a source of mounting frustration to the Republican president and his allies. Judges have issued 40 nationwide injunctions since Trump began his second term in January, Sauer told the court during the arguments. The court could act anytime, but almost certainly no later than early summer. ___
New York Times
5 days ago
- General
- New York Times
Trump Administration Agrees to Return Guatemalan Man to U.S.
Justice Department lawyers said on Wednesday that the government was taking steps to comply with a court order to facilitate the return of a man who had been deported to Mexico and was then sent to Guatemala. The Guatemalan man, known by the initials O.C.G., had been deported this year despite having told U.S. authorities that he had experienced violence in Mexico and was afraid to go back. Immigration authorities made contact with O.C.G.'s legal team over the weekend and were working to bring him back to the United States on a charter flight, according to the two-page filing in the case before Judge Brian E. Murphy of the Federal District Court in Massachusetts. Late last week, Judge Murphy ordered the government to 'facilitate' O.C.G.'s return to the United States, finding that he was likely to 'succeed in showing that his removal lacked any semblance of due process.' The government's agreement to return O.C.G. represents a substantial de-escalation in a case that is shaping up to be one of the key courtroom battles over President Trump's attempts to conduct mass deportations. It also marks a departure from the more defiant stance that the administration has taken in other immigration matters, including the case of Kilmar Armando Abrego Garcia. Mr. Abrego Garcia was deported to El Salvador despite an order from an immigration court that he not be sent there, a mistake the government has called an 'administrative error.' In response to an order upheld by the Supreme Court requiring the government to 'facilitate' Mr. Abrego Garcia's return, the Trump administration has said that it cannot bring him back because he is now imprisoned in El Salvador. In 2024, when passing through Mexico on his way to the U.S. border, O.C.G. was kidnapped and raped by a group of men who released him only after his sister sent them money, he has said. An immigration judge who barred authorities from deporting O.C.G. to Guatemala also assured him that he would not be deported to Mexico without further due process. U.S. authorities sent him there anyway. In Mexico, the authorities gave him a choice to be detained for months or return to Guatemala. He chose to return to his home country. He lives alone there, in a house owned by his sister. He avoids going outside and rarely sees his family members. 'Anything could happen to me in the street,' he told the court. 'I am constantly afraid.' He said he lives 'in constant panic and constant fear' of persecution for being gay. 'I can't be gay here, which means I cannot be myself,' he said. 'We are happy to see that D.H.S. is making the necessary arrangements to comply with the court's order,' said Matt Adams, legal director for the Northwest Immigrant Rights Project, an immigrant advocacy group that represents O.C.G. 'Time is of the essence as O.C.G. remains in hiding until he can be flown out.' O.C.G.'s case is being considered as part of a larger lawsuit that deals with so-called third-country deportations, in which migrants are sent to places other than their home countries, where they do not have legal status. The Trump administration has been negotiating with foreign governments over accepting U.S. deportees, including war-torn nations like Libya and South Sudan, as well as El Salvador, where more than 200 migrants were deported and then detained in a maximum-security prison. Experts say third-country deportations to such countries are part of a larger strategy to scare other immigrants into self-deporting or avoiding the United States altogether. As part of the same case, Judge Murphy is also grappling with the status of six detainees who have been held at an American military base in Djibouti. The men were given less than 24 hours' notice that they were being deported to South Sudan, after an order from Judge Murphy that they be given at least 15 days. All have been convicted by U.S. courts of violent crimes. Last week, Judge Murphy ordered the government to maintain custody of the men so they could have a 'meaningful opportunity' to object to their deportation to the country, which is on the brink of civil war. The conditions of their detention remain unclear. As of Wednesday afternoon, the deportees had not been given the chance to contact their lawyers by phone, as ordered by Judge Murphy last week, according to Trina Realmuto, one of their attorneys. On Tuesday, the government asked the Supreme Court to intervene and pause Judge Murphy's order, which would allow them to send the deportees on to South Sudan. The Supreme Court did not act immediately, and instead gave the deportees' legal team until June 4 to reply.
The Guardian
6 days ago
- General
- The Guardian
White House asks supreme court to block challenges to deportations to South Sudan
The Trump administration asked the US supreme court late on Tuesday to halt an order allowing people to challenge their deportations from the US to South Sudan, an appeal that came hours after the federal judge overseeing the case suggested the Trump administration was 'manufacturing' chaos and said he hoped that 'reason can get the better of rhetoric'. Judge Brian Murphy found the White House violated a court order with a deportation flight bound for the chaotic African nation carrying people from other countries who the Trump administration said had been convicted of crimes in the US. Murphy said those people must get a real chance to raise any fears that being sent there could put them in danger. 'From the course of conduct, it is hard to come to any conclusion other than that defendants [the Trump administration] invite a lack of clarity as a means of evasion,' the Boston-based Murphy wrote in his 17-page order. The federal government argued that Murphy has stalled its efforts to carry out deportations of people who can't be returned to their home countries. Finding countries willing to take them is a 'a delicate diplomatic endeavor' and the court requirements are a major setback, the US solicitor general, John Sauer, wrote in an emergency appeal asking the court to immediately halt his order. Murphy, a district judge in Massachusetts, said he had given the Trump administration 'remarkable flexibility with minimal oversight' in the case and emphasized the numerous times he attempted to work with the government, according to an order published on Monday night. This is the latest case in which federal judges weighing in on the legality of the Trump administration's sweeping agenda have used forceful, sometimes even scathing language to register their displeasure. The Trump administration has accused judges of thwarting 'the will of voters' by stopping or slowing the White House agenda, a dramatic break in attitude about the role of the judiciary in interpreting the rule of law. In a hearing last week called to address reports that eight people had been sent to South Sudan, Murphy said the men hadn't been able to argue that the deportation could put them in danger. But instead of ordering the government to return the men to the US for hearings – as the plaintiffs wanted – he gave the government the option of holding the hearings in Djibouti, where the plane had flown on its way to South Sudan, as long as the men remained in US government custody. Their exact whereabouts and status at that time was not made public. Days later, the Trump administration filed another motion saying that Murphy was requiring them to hold 'dangerous criminals in a sensitive location'. Murphy, though, said it was the government's 'own suggestion' that they be allowed to process the men's claims while they were still abroad. 'It turns out that having immigration proceedings on another continent is harder and more logistically cumbersome than defendants anticipated,' the Boston-based Murphy, who was appointed by Joe Biden, wrote. The government has argued that the men had a history with the immigration system, giving them prior opportunities to express a fear of being deported to a country outside their homeland. And they've said that the men's home countries – including Cuba, Laos, Mexico, Myanmar and Vietnam – would not take them back. Sign up to This Week in Trumpland A deep dive into the policies, controversies and oddities surrounding the Trump administration after newsletter promotion The Trump administration has increasingly relied on third countries to take people who cannot be sent to their home countries for various reasons. Some countries simply refuse to take back their citizens being deported while others take back some but not all of their citizens. And some cannot be sent to their home countries because of concerns they'll be tortured or harmed. Historically that has meant that immigration enforcement officials have had to release people into the US that it wants to deport but can't. But the Trump administration has leaned on other countries to take them, including Panama and El Salvador. The Associated Press contributed reporting
Arab News
6 days ago
- General
- Arab News
Trump administration asks Supreme Court to halt judge's order on deportations to South Sudan
WASHINGTON: The Trump administration asked the Supreme Court on Tuesday to halt an order allowing migrants to challenge their deportations to South Sudan, an appeal that came hours after the judge suggested the Trump administration was 'manufacturing' chaos and said he hoped that 'reason can get the better of rhetoric.' Judge Brian Murphy found the White House violated a court order with a deportation flight bound for the chaotic African nation carrying people from other countries who had been convicted of crimes in the US He said those immigrants must get a real chance to raise any fears that being sent there could put them in danger. The federal government argued that Murphy has stalled its efforts to carry out deportations of migrants who can't be returned to their home countries. Finding countries willing to take them is a 'a delicate diplomatic endeavor' and the court requirements are a major setback, Solicitor General D. John Sauer wrote in an emergency appeal asking the court to immediately halt his order. Murphy, for his part, said he had given the Trump administration 'remarkable flexibility with minimal oversight' in the case and emphasized the numerous times he attempted to work with the government, according to an order published Monday night. This is the latest case where federal judges weighing in on the legality of the Trump administration's sweeping agenda have used forceful, sometimes even scathing, language to register their displeasure. The Trump administration has accused judges of thwarting the will of voters by stopping or slowing the White House agenda. The judge said the men couldn't advocate for themselves In a hearing last week called to address reports that eight immigrants had been sent to South Sudan, Murphy said the men hadn't been able to argue that the deportation could put them in danger. But instead of ordering the government to return the men to the US for hearings — as the plaintiffs wanted — he gave the government the option of holding the hearings in Djibouti, where the plane had flown on its way to South Sudan, as long as the men remained in US government custody. Days later, the Trump administration filed another motion saying that Murphy was requiring them to hold 'dangerous criminals in a sensitive location.' Murphy, though, said it was the government's 'own suggestion' that they be allowed to process the men's claims while they were still abroad. 'It turns out that having immigration proceedings on another continent is harder and more logistically cumbersome than Defendants anticipated,' the Boston-based Murphy, who was appointed by Democratic President Joe Biden, wrote. The government has argued that the men had a history with the immigration system, giving them prior opportunities to express a fear of being deported to a country outside their homeland. And they've said that the men's home countries — Cuba, Laos, Mexico, Myanmar, Vietnam and South Sudan — would not take them back. 'The district court's invented process offers little but delay. While certain aliens may benefit from stalling their removal, the nation does not,' wrote Sauer. Keeping the migrants in Djibouti has also strained the US relationship with that country, officials have said. The administration has also repeatedly emphasized the men's criminal histories in the US and portrayed them as national security threats. The administration is relying on third countries The Trump administration has increasingly relied on third countries to take immigrants who cannot be sent to their home countries for various reasons. Some countries simply refuse to take back their citizens being deported while others take back some but not all of their citizens. And some cannot be sent to their home countries because of concerns they'll be tortured or harmed. Historically that has meant that immigration enforcement officials have had to release people into the US that it wants to deport but can't. But the Trump administration has leaned on other countries to take them. In the Western Hemisphere, El Salvador, Costa Rica and Panama have all agreed to take some people being removed from the US, with El Salvador being the most controversial example because it is holding people deported from the US in a notorious prison. The Trump administration has said it's exploring other third countries for deportations. Murphy said in his order that the eight men were initially told May 19 they'd be going to South Africa and then later that same day were told they were going to South Sudan. He noted that the US government 'has issued stark warnings regarding South Sudan.' He said the men had fewer than 16 hours between being told they were going to be removed and going to the airport, 'most of which were non-waking hours,' and 'limited, if any' ability to talk to family or a lawyer. 'From the course of conduct, it is hard to come to any conclusion other than that Defendants invite a lack of clarity as a means of evasion,' the judge wrote.
Washington Post
6 days ago
- General
- Washington Post
Judge accuses the Trump administration of 'manufacturing' chaos in migrant deportation case
WASHINGTON — A federal judge suggested the Trump administration was 'manufacturing' chaos and said he hoped that 'reason can get the better of rhetoric' in a scathing order in a case about government efforts to deport a handful of migrants from various countries to South Sudan. In the order published Monday evening, Judge Brian Murphy wrote that he had given the Trump administration 'remarkable flexibility with minimal oversight' in the case and emphasized the numerous times he attempted to work with the government.
