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.
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Judge Emmet G. Sullivan of the US District Court for the District of Columbia halted the deportation in progress of a mother and daughter this week, and threatened to hold Attorney General Jeff Sessions in contempt due to the fact that court proceedings appealing their deportation were in progress. An attorney for the ACLU, which filed a lawsuit on August 7, 2018 challenging the Department of Justice's recent policy change that aims to fast track the removal of asylum seekers who do not pass their credible fear interviews, and eliminates gang and domestic violence as grounds for seeking asylum in the US, received a notice in the middle of a hearing on the case before Judge Sullivan that the mother and daughter were on a deportation flight to El Salvador.
Judge Dana Sabraw strongly rejected the Trump Administration's recent argument that the ACLU and other immigrants' rights advocates should be responsible for locating the more than 450 immigrant parents the administration deported after separating them from their children earlier this year. The judge said it is "100%" the government's responsibility to locate and reunite deported parents with their children, and stated that if it fails to do so, it will have "permanently orphaned" the children it separated from them.
On Wednesday, a federal judge ruled against President Trump’s latest attempt to hinder a lawsuit that discusses Trump’s alleged violation of the U.S. Constitution through his continued business transactions with foreign governments. The ruling was made by U.S. District Judge Peter J. Messitte and will enable the plaintiffs, the attorneys general of Maryland and the District of Columbia — to move forward with their lawsuit, which argues that Trump has violated anti-corruption clauses, known as emoluments clauses, in the U.S. Constitution.
President Trump has announced Brett Kavanaugh as his pick to replace Justice Anthony Kennedy on the U.S. Supreme Court. Kavanaugh is a conservative jurist who has served for over a decade on the U.S. Court of Appeals for the D.C. Circuit. He previously worked in the George W. Bush White House, and also worked with Kenneth Starr's team in the effort to impeach former President Bill Clinton in the 1990s. Notably, Kavanaugh has published scholarly commentary suggesting that Congress should pass a law insulating a sitting president from criminal indictment until after leaving office or being impeached, convicted, and removed from office; he has also written that civil lawsuits should be deferred while the president is in office. Some speculate that these writings could have influenced Trump's decision to nominate Kavanaugh given the mounting legal scrutiny Trump is facing. If Kavanaugh is confirmed by the Senate, he is expected to vote with the Court's conservative majority on issues including abortion, union rights, civil rights, and gun control.
A group of 18 attorneys general has filed a lawsuit against the Trump Administration regarding the separation of families at the border. The Trump Administration’s “zero tolerance” policy has been under strict scrutiny by Democrats as it has resulted in the separation of children and parents. The lawsuit was filed on Tuesday, June 26, 2018 in the US District Court for the Western District of Washington and argues that the separation of children and parents is discriminatory and violates equal protection under the Constitution. The complaint also states that the act of separating families is the Trump Administration's means of deterring immigrants from entering the United States.
The zero tolerance immigration policy that has led to separating refugee parents from children at the U.S.-Mexico border faces its first legal challenge from a Guatemalan asylee.
Joined by 16 other states and the District of Columbia, the State of California has filed a lawsuit against the Environmental Protection Agency (EPA) in an effort to prevent the federal agency from loosening its rules on auto emissions. The lawsuit argues both that the agency is violating the Clean Air Act through its proposed rule changes and that it is failing to follow its own regulations. Some observers believe that the agency's action might be a first step toward revoking the right of California and other states to set their own rules regarding auto emissions, which are believed to affect the proliferation of greenhouse gases and the process of global warming.
The Democratic National Committee has filed a lawsuit in the US District Court for the Southern District of New York against the Russian Government, numerous top officials in the Trump Campaign, and the WikiLeaks organization. The lawsuit alleges that Trump campaign officials conspired with the Russian government to help Donald Trump win the 2016 presidential election by hacking the computer networks of the Democratic Party and releasing the information found.
On Wednesday, April 04, 2018, the U.S Department of Justice filed a lawsuit against California challenging a law that provides the state with the power to purchase federal lands or to designate a specific buyer. Lawmakers who passed the law reasoned that it is needed due to the 46 million acres of federal lands in California, arguing that the Trump administration may use those lands for more logging, oil drilling, or development.