A judge for the US District Court for the Western District of Texas issued a preliminary injunction Oct. 11 against President Donald Trump's proposed plan for funding the border wall, finding that it exceeds executive branch authority under the Appropriations Act. Trump issued a proclamation in February declaring a national emergency on the southern border of the US, as both a humanitarian and security crisis. El Paso County, Tex., and the Border Network for Human Rights sued to challenge the proclamation. Going further than previous rulings against the border wall plans, Judge David Briones specifically declared Trump's emergency proclamation to be "unlawful." (Jurist, Politico, Oct. 11)
The US Supreme Court on Sept. 11 allowed enforcement of a policy that would deny asylum to Central American migrants who pass through another country en route to the US and fail to make a claim for protection there. US District Court Judge Jon Tigar blocked the new rule in July by issuing a nationwide injunction. The Ninth Circuit Court of Appeals subsequently scaled back the order so that it only pertained to Ninth Circuit states, which include California and Arizona. In response to Judge Tigar's recent attempt to return his order to its original scope, the Trump administration requested that the Ninth Circuit temporarily stay the injunction. The Supreme Court's decision to grant the stay authorizes the Trump administration to proceed with nationwide implementation of the policy even though it is still being challenged in the lower courts.
For over a week now, some 100 laid-off miners and their families have occupied a railroad track in Kentucky's Harlan County, blocking a train loaded with coal that the workers dug out of the earth but never got paid for. The miners want their jobs back, if possible—but first of all, they want their wages for the work they already did. Blackjewel LLC abruptly shut down all its mines July 1 and filed for Chapter 11 bankruptcy. Partway through a shift, workers were told the bad news and sent home. The miners never got their last paycheck. And their second-to-last paycheck, already deposited, disappeared from their bank accounts. The miners also never received any paper notice of their layoff, which proved a bureaucratic obstacle when they filed for unemployment.
A judge for the US District Court for the District of Columbia ruled Aug. 2 against the Trump administration's ban on asylum requests for people who illegally cross the border. The Trump administration issued the rule in late 2018, prohibiting migrants from applying for asylum except at legal US ports of entry. The rule was created in response to a presidential proclamation issued last November. The plaintiffs sought summary judgment to have this rule declared illegal under the Immigration & Nationality Act. They also argued the rule was improperly imposed under terms of the Administrative Procedures Act. They additionally asked for a class of asylum-seekers to be certified in the case. The government challenged each of these, arguing that the plaintiffs lack standing to sue, fail on the merits, and that the court should not certify a class. The judge held that the rule is illegal under the Immigration & Nationality Act and certified a class for the plaintiffs.
The Supreme Court on July 26 reversed a lower court decision that blocked President Trump from using $2.5 billion from military accounts to build a portion of his pledged border wall. The order lifts an injunction from a federal judge in a case brought by the Sierra Club and the Southern Border Communities Coalition challenging Trump's February declaration of a national emergency to access more than $8 billion to build the wall. US District Judge Haywood Gilliam in Northern California issued the permanent injunction blocking the administration from accessing $2.5 billion in diverted military funds, finding that construction would cause "irreparable harm" to the challengers' interests at the border. The Ninth Circuit Court of Appeals earlier this month declined to lift that injunction. The Supreme Court's conservative majority found that the administration had "made a sufficient showing at this stage" that the challengers do not have standing to block the diversion of the funds.
Judge Victoria Roberts of the US District Court for the Eastern District of Michigan ruled July 9 that a lawsuit by the Arab American Civil Rights League against the Trump administration's Proclamation No. 9645, the third iteration of his "travel ban," which restricts travel from seven countries, can move forward. The Proclamation states that, after consultation with the Director of Homeland Security and the Attorney General, and based on their assessment of threats against the United States from nationals traveling from the seven enumerated countries, "entry should be subject to certain restrictions, limitations, and exceptions." The administration sought to have the lawsuit dismissed based on the Supreme Court's ruling in Trump v. Hawaii, in which the court held that under §1182(f) of the Immigration and Nationality Act, the president is granted broad discretion to lawfully decide "whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions." Roberts held in the present case that, "although the Proclamation is facially neutral, its impact falls predominantly on Muslims."
A US district court judge ruled on July 1 that the Department of Homeland Security cannot hold migrants seeking asylum indefinitely as was previously ordered by Attorney General William Barr. Judge Marsha Pechman, of the Western District of Washington in Seattle, held that section 235(b)(1)(B)(ii) of the Immigration and Nationality Act, which prohibits releasing on bond persons who have been found to have a credible fear of persecution in their home country, violates the US Constitution. Pechman's decision stated that the plaintiffs in the case, Padilla vs ICE, have established that asylum seekers have "a constitutionally protected interest in their liberty" and a "right to due process, which includes a hearing."
A federal judge on May 24 blocked construction of Donald Trump's border wall, ruling that Trump cannot use a "national emergency" to take money from government agencies for the barrier. Judge Haywood Gilliam of the US District Court for Northern California ruled that the diversion of the money, largely from the US military, likely oversteps a president's statutory authority. The injunction specifically limits wall construction projects in El Paso, Tex., and Yuma, Ariz. Gilliam quoted Mick Mulvaney, the acting White House chief of staff, who said in a TV interview the wall "is going to get built, with or without Congress." The judge said presidential action "without Congress," when legislators refuse a funding request from the White House, "does not square with fundamental separation of powers principles dating back to the earliest days of our Republic."