|
|
|
Judge bars deportations of Venezuelans from Texas under the Alien Enemies Act
Lawyer World News |
2025/05/04 10:50
|
A federal judge on Thursday barred the Trump administration from deporting any Venezuelans from South Texas under an 18th-century wartime law and said President Donald Trump’s invocation of it was “unlawful.”
U.S. District Court Judge Fernando Rodriguez Jr. is the first judge to rule that the Alien Enemies Act cannot be used against people who, the Republican administration claims, are gang members invading the United States. Rodriguez said he wouldn’t interfere with the government’s right to deport people in the country illegally through other means, but it could not rely on the 227-year-old law to do so.
“Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States,” wrote Rodriguez, who was nominated by Trump in 2018. But, the judge said, “the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.”
In March, Trump issued a proclamation claiming that the Venezuelan gang Tren de Aragua was invading the U.S. He said he had special powers to deport immigrants, identified by his administration as gang members, without the usual court proceedings.
“The Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful,” Rodriguez wrote.
In an interview on Fox News, Vice President JD Vance said the administration will be “aggressively appealing” the ruling and others that hem in the president’s deportation power.
“The judge doesn’t make that determination, whether the Alien Enemies Act can be deployed,” Vance said. “I think the president of the United States is the one who determines whether this country is being invaded.”
The chair of the Congressional Hispanic Caucus, Rep. Adriano Espaillat, D-N.Y., said in a statement the judge had made clear “what we all knew to be true: The Trump administration illegally used the Alien Enemies Act to deport people without due process.”
The Alien Enemies Act has only been used three times before in U.S. history, most recently during World War II, when it was cited to intern Japanese-Americans.
The proclamation triggered a flurry of litigation as the administration tried to ship migrants it claimed were gang members to a notorious prison in El Salvador.
Rodriguez’s ruling is significant because it is the first formal permanent injunction against the administration using the AEA and contends the president is misusing the law. “Congress never meant for this law to be used in this manner,” said Lee Gelernt, the ACLU lawyer who argued the case, in response to the ruling.
Rodriguez agreed, noting that the provision has only been used during the two World Wars and the War of 1812. Trump claimed Tren de Aragua was acting at the behest of the Venezuelan government, but Rodriguez found that the activities the administration accused it of did not amount to an invasion or “predatory incursion,” as the statute requires.
“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation,” Rodriguez wrote. “Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA.”
If the administration appeals, it would go first to the New Orleans-based 5th U.S. Circuit Court of Appeals. That is among the nation’s most conservative appeals courts and it also has ruled against what it saw as overreach on immigration matters by both the Obama and Biden administrations. In those cases, Democratic administrations had sought to make it easier for immigrants to remain in the U.S.
The administration, as it has in other cases challenging its expansive view of presidential power, could turn to appellate courts, including the U.S. Supreme Court, in the form of an emergency motion for a stay pending an appeal.
The Supreme Court already has weighed in once on the issue of deportations under the AEA. The justices held that migrants alleged to be gang members must be given “reasonable time” to contest their removal from the country. The court has not specified the length of time.
It’s possible that the losing side in the 5th Circuit would file an emergency appeal with the justices that also would ask them to short-circuit lower court action in favor of a definitive ruling from the nation’s highest court. Such a decision likely would be months away, at least.
The Texas case is just one piece of a tangle of litigation sparked by Trump’s proclamation. |
|
|
|
|
|
|
Judge to weigh Louisiana AG’s challenge to city jail’s ‘sanctuary’ policy
Lawyer World News |
2025/04/30 06:53
|
Louisiana Attorney General Liz Murrill is pushing forward with her efforts to force Orleans Parish Sheriff Susan Hutson to drop a longtime policy that generally prohibits deputies from directly engaging in federal immigration enforcement within the city’s jail.
In legal filings, Murrill claims that the policy — which the state characterizes as a so-called “sanctuary city” policy — is in direct conflict with a newly passed state law that requires state and local law enforcement agencies to cooperate with federal immigration agencies.
“The consent decree now sits fundamentally at odds with state law as applicable to immigration detainers,” Murrill said in court documents filed Friday.
A federal court will now determine whether to allow the state of Louisiana to join a 2011 federal suit that resulted in the policy and whether to throw out the policy altogether. A hearing has been set for April 30.
The state’s campaign against “sanctuary” policies comes as President Donald Trump is pushing local law enforcement agencies to join the federal government in his promised immigration crackdown. Since his inauguration, Trump has ordered the U.S. Department of Homeland Security to push for more partnerships between local law enforcement units and federal immigration agencies. A few have already signed up. Louisiana Gov. Jeff Landry, a longtime immigration hardliner and Trump ally, has worked with Republican lawmakers in the state to enact laws that encourage those collaborations.
As attorney general, Landry criticized a policy adopted by the New Orleans Police Department, under a long-running federal consent decree that blocks officers from enforcing immigration laws.
Neither Murrill’s office nor representatives for U.S. Immigration and Customs Enforcement responded to requests for comment.
In court filings, Murrill said Hutson “does not oppose the (state’s) intervention” in the case.” But a spokesperson for Hutson said that’s not exactly true. “It’s more accurate that we take no position regarding the state intervention,” a Sheriff’s Office spokesperson said in an emailed statement on Wednesday.
While she has not taken a position for or against increased collaboration with ICE, in an interview with Fox 8 in December, Hutson noted that the jail’s resources were far too stretched to take on immigration enforcement.
The sheriff’s policy stems from a 2013 federal court settlement in a civil rights case involving two New Orleans construction workers picked up on minor charges in 2009 and 2010. Mario Cacho and Antonio Ocampo sued after they were allegedly illegally held in the city’s jail past the completion of their sentences. The two were held at the request of U.S. Immigration and Customs Enforcement. The agency issues such “detainer” requests to local law enforcement agencies, asking them to hold onto arrestees who are suspected of immigration violations. Local agencies are only supposed to honor the hold requests for 48 hours, after which they should let detainees free. But in 2009 and 2010, then-Sheriff Marlin Gusman detained Cacho and Ocampo for months, according to legal filings in their case against the office.
Ocampo and Cacho settled the case with the Sheriff’s Office in 2013, and Gusman agreed to adopt a new policy on immigration investigations. The resulting policy blocks the agency from investigating immigration violations and from detaining immigrants for ICE without a court order, except in certain cases where they are facing charges for a small number of serious violent crimes.
|
|
|
|
|
|
|
Trump says he’s in ‘no rush’ to end tariffs as he meets with Italy’s Meloni
Lawyer World News |
2025/04/18 07:50
|
President Donald Trump said Thursday he is in “no rush” to reach any trade deals because he views tariffs as making the United States wealthy. But he suggested while meeting with Italian Premier Giorgia Meloni that it would be easy to find an agreement with the European Union and others.
Trump played down the likelihood of an accelerated timeline to wrap up deals, saying other countries “want to make deals more than I do.”
“We’re in no rush,” said Trump, hinting he has leverage because other countries want access to U.S. consumers.
Even though Trump has a warm relationship with Meloni, she was unable in their meeting to change his mind on tariffs.
“No, tariffs are making us rich. We were losing a lot of money under Biden,” Trump said of his predecessor, Democrat Joe Biden. “And now that whole tide is turned.”
Trump is convinced that his devotion to tariffs will yield unprecedented wealth for his country even as the stock market has dropped, interest on U.S. debt has risen and CEOs are warning of price increases and job losses in what increasingly looks like a threat to the existing structure of the world economy.
A bond market panic was enough for Trump to partially pull back on his tariffs, causing him to pause his 20% import taxes on the EU for 90 days and charge a baseline 10% instead. Meloni’s visit showed the challenge faced even by leaders who enjoy a rapport with Trump.
After they met, Trump told reporters that trade talks were easier than other business negotiations such as mergers. He said he had spoken with Chinese officials about tariffs “a lot” and the amount of his import taxes could be influenced by China approving a sale of the social media site TikTok. He also seemed to contradict his previous statement Thursday morning about being in no rush to make trade deals “over the next three or four weeks.”
Even then, Trump showed no interest in fully severing his tariffs. “Tariff negotiations are actually simpler than everyone has said,” Trump said. “A number of people are going to pay that number or they’re going to decide to go elsewhere if there is such a place. There really is no elsewhere.”
Meloni had, in a sense, been “knighted” to represent the EU at a critical juncture in the fast-evolving trade war that has stoked recession fears. The U.S. administration has belittled its European counterparts for not doing enough on national security while threatening their economies with tariffs, sparking deep uncertainty about the future of the trans-Atlantic alliance.
She sought to portray the U.S. and Europe as natural allies in Western civilization and said it was important to “try to sit down and find solution” to tensions over trade and national security.
The EU is defending what it calls “the most important commercial relationship in the world,’’ with annual trade with the U.S. totaling 1.6 trillion euros ($1.8 trillion). It was unclear, based on Meloni’s public interactions with Trump, whether the premier has a clear understanding of what Trump wants as part of an agreement.
His administration has said its tariffs would enable trade negotiations that would box out China, the world’s dominant manufacturer. But Trump maintains that rivals and allies alike have taken advantage of the U.S. on trade, a position that has frustrated long-standing partners and raised concerns about whether Trump is a trustworthy dealmaker.
Trump tried to push back against claims that his tariffs are harming the economy, saying that gasoline and egg prices are already dropping. The president blamed the Federal Reserve for interest rates rising on U.S. debt. Rates largely increased because investors were worried about Trump’s tariff plans and they became less willing to buy Treasury notes, while the central bank has held steady on its own benchmark rates because of economic uncertainty.
|
|
|
|
|
|
|
Court sides with the FDA in its dispute over sweet-flavored vaping products
Lawyer World News |
2025/04/05 11:14
|
The Supreme Court on Wednesday ruled for the Food and Drug Administration in its crackdown on sweet-flavored vaping products following a surge in teen electronic cigarette use.
But the justices’ unanimous decision throwing out a federal appeals court ruling is not the final word in the case, and the FDA could change its approach now that President Donald Trump has promised to “save” vaping.
The high court ruled that the FDA, during President Joe Biden’s administration, did not violate federal law when it denied an application from Dallas-based company Triton Distribution to sell e-juices like “Jimmy The Juice Man in Peachy Strawberry” and “Suicide Bunny Mother’s Milk and Cookies.” The products are heated by an e-cigarette to create an inhalable aerosol.
Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, called the decision “a major victory for the health of America’s kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis.”
The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn’t show that flavored vapes had a net public benefit, as required by law.
It has approved some tobacco-flavored vapes, and recently it allowed its first menthol-flavored e-cigarettes for adult smokers after the company provided data showing the product was more helpful in quitting.
But the conservative 5th U.S. Circuit Court of Appeals sided with Triton, agreeing that the FDA changed its standards with little warning in violation of federal law.
While mainly ruling for the FDA on Wednesday, the Supreme Court noted that the agency had said the company’s marketing plan would be an important factor in evaluating its application. But it ultimately did not consider the marketing plan, Justice Samuel Alito wrote for the court.
Attorney Eric Heyer, who represented the company, expressed disappointment with the ruling but said Triton believes “in the great harm reduction potential” of the products and plans to continue litigation.
The appeals court was ordered to consider if the failure to do so is an important mistake that might still lead to a decision in Triton’s favor.
The FDA has so far not instituted changes to its polices on vaping. But on Tuesday, the FDA’s top tobacco regulator, Brian King, was removed from his post amid sweeping cuts to the federal health workforce that have cleared out many of the nation’s leading health experts. King oversaw hundreds of warning letters issued to companies that make, sell and distribute flavored vapes. |
|
|
|
|
|
|
Trump’s tariffs expose Ukraine’s steel industry to another war
Lawyer World News |
2025/02/17 10:25
|
The steel mill in a partially occupied region of Ukraine is a dystopian maze of flames, chutes and tentacled pipes, vast enough to be a small city. Thunderous blazes of sparks flash above the open furnaces where workers smelt iron ore into streams of molten metal day and night.
The Zaporizhstal Iron and Steelworks, one of Ukraine’s largest steel plants, lies in the country’s industrial east, where Russia’s 3-year invasion of its neighbor threatens to throttle production at any moment. Daily battles unfold along a front line 40 kilometers (25 miles) away as the plant churns out materials for military equipment and for foreign manufacturers to use in cars, appliances, and construction.
“Morale is not as high as it was before. We are pretty tired here,” plant supervisor Serhii Zhyvotchenko said, reflecting on the hardships. “But there is no way to go back; the only way is forward.”
Last week, though, a second war came to the doorstep of the hulking factory complex: the possible trade war that U.S. President Donald Trump has provoked since returning to office four weeks ago. Trump imposed tariffs of at least 25% on all imported steel and aluminum, a decision that could hurt an essential sector of Ukraine’s battered economy.
Last week, though, a second war came to the doorstep of the hulking factory complex: the possible trade war that U.S. President Donald Trump has provoked since returning to office four weeks ago. Trump imposed tariffs of at least 25% on all imported steel and aluminum, a decision that could hurt an essential sector of Ukraine’s battered economy.
The tariff order was not the only action by the president or his administration to cause alarm in Kyiv last week. Trump signaled changing winds in U.S. policy by having a direct call with Russian President Vladimir Putin, whom former President Joe Biden and other Western leaders had tried to isolate since Putin sent troops into Ukraine.
Trump also said that he would “probably” meet in person with the Russian leader in the near future, heightening concerns that Kyiv would be left out of or undermined in any ceasefire talks. Comments by both the president and U.S. Defense Secretary Pete Hegseth rejecting NATO membership for Ukraine further reinforced the fear that the country no longer had Washington in its corner.
|
|
|
|
|
|
Legal News World RSS Feed
