Articles Tagged with Trump

In a new ruling, Judge Dana Sabraw has given the federal government six months to locate children separated from their families at the border under the Trump administration's "zero tolerance" immigration policy. Though many of the more than 2000 children the government took from their families have since been reunited pursuant to a June 2018 court order, reports indicate that there may be thousands more children that are currently unaccounted for. 


A federal judge in Alaska has ruled that President Trump does not have the authority to re-open Arctic waters to drilling that the Obama administration closed to drilling in 2016. Judge Sharon L. Gleason explained that while a 1953 law called the Outer Continental Shelf Lands Act (OCSLA) permits a president to remove waters from drilling, it does not contain a provision allowing a president to add waters to the list of available drilling sites.


Posted in: Environmental Law

California has filed a lawsuit in federal district court in Northern California to challenge a new regulation the Trump administration plans to enact in order to block access to abortion and family planning services. Specifically, the case seeks to enjoin new rules adopted under Title X of the Public Health Service Act, a family planning program funded by the federal government. Oregon, Washington, and approximately 20 other states are expected to file suit as well.


A group of 16 states, including the border states of California and New Mexico, has gone to court to challenge the Trump administration's attempt to invoke emergency powers in order to fund the construction of a border wall. The lawsuit, which was filed in federal district court in San Francisco, raises not only constitutional issues related to who controls federal spending, but also may turn on issues of standing and statutory interpretation.


In an order issued today, the US Supreme Court has granted the Trump administration's request to stay orders in two cases filed in federal district courts within the 9th Circuit to block the administration's policy banning most transgender people from serving in the military from going into effect. The Court's decision permits the ban to be temporarily implemented while the cases progress through the appeals process and any Supreme Court review. The Court denied the Trump administration's request to bypass the appellate process completely, but provides a preview of how the Court will likely rule if it hears these cases on the merits.


The US Court of Appeals for the 9th Circuit has ruled against the Trump administration's attempt to phase out the Deferred Action for Childhood Arrivals (DACA) program. DACA permits approximately 600,000 unauthorized immigrants who arrived in the US as children to remain in the country legally by seeking permission from the Department of Homeland Security every two years. Though the Trump administration had asked the US Supreme Court to weigh in on the case pending in the 9th Circuit before the appellate ruling, now that the appellate court has issued its decision, it is even more likely that the Supreme Court will take up the matter in 2019.


In the wake of the FCC's efforts to undo net neutrality protections under the Trump administration, California recently passed a law implementing net neutrality rules that are even stronger than the Obama-era regulations that have been rolled back at the federal level. Governor Jerry Brown signed the new law on September 30, which represents the strongest set of net neutrality protections in the country. The Department of Justice immediately filed a lawsuit in federal court, stating that California's law constitutes an impermissible burden on the federal government's efforts to deregulate the internet.


The North Carolina legislature historically has been dominated by Republicans, but times may be changing in a state known for extremely conservative lawmaking. While the Governor is a Democrat, the Republican supermajority in the legislature has pushed many laws past his veto over the last two years. One of the most notable…


Court papers filed late last week show that according to the government's most recent estimates, close to 500 children, including 22 under the age of 5, remain in US custody after being separated from their parents at the border earlier this year pursuant to the Trump administration's "zero-tolerance" policy. The greatest logistical challenge that government officials and immigrants' rights advocates have faced in reuniting many of these children with their families is that their parents were deported without them, and are now proving difficult if not impossible to locate.


In a joint status report filed last week, the Department of Justice provided its most detailed figures to date regarding the status of migrant children who were separated from their parents at the border this year under the Trump administration's "zero tolerance" policy, stating that 24 children under the age of 5 remain separated. Under the policy, the administration separated more than 2,600 children from their parents, and reports that over 360 parents who are still separated are outside the country, with many having been deported without their children.