There’s yet another #TRO protecting people from removal under Trump's #AlienEnemiesAct in yet another district—Western PA.
#Trump appointee Judge Haines writes,
“…to prevent irreparable harm to movants…to develop a fuller record & to hold a hearing…,IT IS ORDERED that Respondents hereby are temporarily enjoined…from either removing Petitioner or any members of the putative class from the United States, or from transferring Petitioner or any members of the putative class…”
![IT FURTHER IS ORDERED that Petitioners' counsel is directed to serve Respondents with a copy of the class action petition for a writ of habeas corpus, application for temporary restraining order and all accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Western District of Pennsylvania, and promptly to file proof of such service on the docket; and, IT FURTHER IS ORDERED that Respondents shall file a response to Petitioners' Emergency Application for a Temporary Restraining Order [Doc. 2] on or before April 16, 2025; and, IT FURTHER IS ORDERED that a hearing on Petitioners' emergency application for a temporary restraining order [Doc. 2] hereby is scheduled for Friday, April 18, 2025, at 11:00 a.m., in Courtroom A, 319 Washington Street, Johnstown, Pennsylvania, before Judge Stephanie L. Haines; and, IT FURTHER IS ORDERED that this order shall expire upon this Court's resolution of Petitioners' application for a temporary restraining order.](https://s3.masto.ai/media_attachments/files/114/349/648/248/991/269/original/08529009e648c4ca.png "IT FURTHER IS ORDERED that Petitioners' counsel is directed to serve Respondents with a copy of the class action petition for a writ of habeas corpus, application for temporary restraining order and all accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Western District of Pennsylvania, and promptly to file proof of such service on the docket; and, IT FURTHER IS ORDERED that Respondents shall file a response to Petitioners' Emergency Application for a Temporary Restraining Order [Doc. 2] on or before April 16, 2025; and, IT FURTHER IS ORDERED that a hearing on Petitioners' emergency application for a temporary restraining order [Doc. 2] hereby is scheduled for Friday, April 18, 2025, at 11:00 a.m., in Courtroom A, 319 Washington Street, Johnstown, Pennsylvania, before Judge Stephanie L. Haines; and, IT FURTHER IS ORDERED that this order shall expire upon this Court's resolution of Petitioners' application for a temporary restraining order.")
#DOJ asks Xinis to issue an additional order clarifying the scope of her #TRO / injunction. [likely to draw things out]
#Xinis: It’s not that difficult. The Supreme Court has spoken. Let's talk about what #SCOTUS has unequivocally deemed to be lawful. You made your arguments there, & this is now about the scope of the remedy.... We're gonna do it in a targeted way but we're not going to take a whole lot of time doing it [discovery].
Last night, US Judge Sweeney in Colorado granted a district-wide (state-wide) class #habeas #TRO to stop #Trump from summarily removing *aliens* under his #AlienEnemiesAct proclamation. #ACLU attys had warned that, despite #SCOTUS ruling, Admin won't commit to providing even 24 hrs notice.
https://storage.courtlistener.com/recap/gov.uscourts.cod.243061/gov.uscourts.cod.243061.13.0.pdf
![On April 7, in a 5-4 decision, the Supreme Court granted the government's application to stay the order on the basis that Petitioners had to proceed through habeas, while emphasizing that individuals who are designated under the AEA Proclamation are "entitle[d] to due process" & notice "within a reasonable time & in such manner as will allow them to actually seek habeas relief' before removal.… To date, the government has not indicated the type of notice they intend to provide or how much time they will give individuals before seeking to remove them under the AEA. However, in a hearing in the Southern District of Texas on Friday April 11, the government said they had not ruled out the possibility that individuals will receive no more than 24 hours' notice; the government did not say whether it was considering providing even less than 24 hours.](https://s3.masto.ai/media_attachments/files/114/342/650/439/112/946/original/1252fa055bf530e8.png "On April 7, in a 5-4 decision, the Supreme Court granted the government's application to stay the order on the basis that Petitioners had to proceed through habeas, while emphasizing that individuals who are designated under the AEA Proclamation are \"entitle[d] to due process\" & notice \"within a reasonable time & in such manner as will allow them to actually seek habeas relief' before removal.… To date, the government has not indicated the type of notice they intend to provide or how much time they will give individuals before seeking to remove them under the AEA. However, in a hearing in the Southern District of Texas on Friday April 11, the government said they had not ruled out the possibility that individuals will receive no more than 24 hours' notice; the government did not say whether it was considering providing even less than 24 hours.")
This afternoon, the #ACLU filed a new #ClassAction #habeas lawsuit in NY challenging the #AlienEnemiesAct *#deportations*.
They are seeking a #TRO similar to what Judge Boasberg ordered.
#SCOTUS’ decision was 5-4, with #AmyConeyBarrett joining the 3 Democrat appointees in dissent *vacates* Chief Judge #Boasberg’s temporary restraining order #TRO in the #AlienEnemyAct cases. Judicial review must be available, Court holds, but has to come through #habeas petitions.
#USIP’s building is privately owned by the institute & paid for through the institute’s endowment, 2 employees said, unlike its overseas programs & staff salaries, which are paid through federal funds appropriated by #Congress. “So to me this seems like the most egregious violation of the #law,” said one employee.
[Prior to this] A federal judge had condemned the process through which the #Trump admin seized control of USIP but declined a motion for a #TRO.
Federal Judge Bates, George W. Bush appointee, has also issued a #TRO for #Trump's #ExecutiveOrder targeting major #LawFirm #JennerBlock, finding it likely violates the First, Fifth & Sixth Amendments.
Judge Bates calls Trump's #EO "disturbing" & "troubling," especially the attack on pro bono practice.
Judge Richard Leon, George W. Bush appointee, says he is “inclined to grant” a temporary restraining order #TRO against the #Trump admin, barring it from punishing the #LawFirm #WilmerHale. The judge did not rule from the bench during the hearing, but said he would issue a written decision in a matter of hours.
Lawyer Paul Clement argued on the #LawFirm #WilmerHale’s behalf that it was “clear as day” that the #Trump #ExecutiveOrder against the firm violated the #FirstAmendment. He said the chilling effect on the firm’s business had been immediate.
#DOJ lawyer Richard Lawson urged Judge Leon not to issue a temporary restraining order #TRO, arguing the specific limitations for Wilmer Hale had not been decided, so there was no reason to rush a court decision.
NEW: A federal judge in Massachusetts has granted a temporary restraining order #TRO barring the #Trump admin from deporting any person to a country they are not a national of without written notice & an opportunity to apply for protection from that country!
https://www.courtlistener.com/docket/69775896/dvd-v-us-department-of-homeland-security/
WTAF??
The #Trump admin says in its #SCOTUS filing requesting a stay of #Boasberg’s #AlienEnemiesAct #TRO that it can't confirm or deny whether #ElSalvador is complying with #UNCAT [#UnitedNations Convention Against #Torture] because doing so might damage its relationship with El Salvador.
AYFKM???
As agreed by the parties in today's #TRO hearing, the Court ORDERS:
1) Defendants shall promptly make best efforts to preserve all #Signal communications from Mar 11-15, 2025;
2) By Mar 31, 2025, Defendants shall file a Status Report w/declarations setting forth the steps they have taken to implement such preservation; &
3) This Order shall expire on Apr 10, 2025, in the event that Defendants' measures are satisfactory to the Court.
So ORDERED by Chief Judge James #Boasberg on Mar 27, 2025.
#Trump admin doesn't need to give notice to people it wants to deport, #DOJ argues
A federal appeals court has finished hearing arguments over whether to lift a judge’s #TRO against Trump’s use of a wartime authority to quickly deport alleged members of a #Venezuelan gang.
As the hearing came to a close, a DOJ atty told the court that he didn’t think the govt needed to give notice to individuals it wants to summarily remove under the #AlienEnemiesAct.
#law #immigration
https://www.cnn.com/politics/live-news/trump-news-03-24-25/index.html
Judge says the problem isn’t with the proclamation but the implementation. If #Trump intends to deport only members of #TdA, the fact that nonmembers are being deported doesn’t align with his proclamation. The Temporary Restraining Order #TRO issued by Judge #Boasberg allows the admin to detain but prohibits removal to another country until the detainees have been given an opportunity to argue that they were not TdA members & therefore were not subject to the #AlienEnemiesAct.
#law #immigration
#Extradition is a long-established, frequently used process of sending accused criminals to face charges in another country. By citing the #AlienEnemiesAct, #Trump is highlighting its aggressive posture on the contested #legal issue without taking steps that might be deemed to violate a #TRO issued by federal Judge #Boasberg.
Because the men are being extradited to face charges in a foreign country, their cases are different from the hurried #deportations of >200 #Venezuelans this month.
U.S. District Judge Ellen Lipton Hollander #TRO temporary restraining order barring #DOGE from accessing PII
https://acrobat.adobe.com/id/urn:aaid:sc:US:d8383b75-e455-4052-b1df-fe53365310ec
Judge Hollander of US Dist Court for #Maryland issued a 2wk #TRO that prohibits #SocialSecurity ofcls from sharing personally identifying info w/ #Musk’s #DOGE, which has been empowered by #Trump to carry out *cost-cutting*
Hollander wrote DOGE “essentially engaged in a fishing expedition at SSA, in search of a fraud epidemic, based on little more than suspicion” & “never identified or articulated even a single reason for which…DOGE…needs unlimited access to SSA’s entire record systems.”
The 4th Circuit rejected the #Trump admin’s motion for a stay of the #TRO ordering the rehiring of probationary #FederalWorkers in State of Maryland v. USDA.
“Given the district court's stated intention to hold a hearing on March 26, 2025, & to promptly grant or deny preliminary injunctive relief thereafter, the court denies the appellant's request for an administrative stay or a stay pending the resolution of the appeal.”
https://www.courtlistener.com/docket/69746454/state-of-maryland-v-usda/
Judge #Boasberg’s hearing has started on #DOJ’s motion to vacate his #TRO barring the #Trump admin from carrying out any further #AlienEnemiesAct #deportations.
Boasberg starts off, telling DOJ that they have been using "disrespectful, intemperate language" that he's "never seen from the United States"
"Without having any edge, I made it very clear what you had to do. Did you not understand my statement from that hearing?" Boasberg asks
DC Circuit Judges Henderson, Millett, & Walker have scheduled oral arguments Monday, March 24, 2025, at 1:30PM on whether to block Judge #Boasberg's #TRO in J.G.G. v. #Trump, the #AlienEnemiesAct #deportation case.
#law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower
https://media.cadc.uscourts.gov/orders/docs/2025/03/25-5067LDSN2.pdf
