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US completes deportation of 8 men to South Sudan after weeks of legal wrangling
Legal Interview |
2025/07/06 17:28
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Eight men deported from the United States in May and held under guard for weeks at an American military base in the African nation of Djibouti while their legal challenges played out in court have now reached the Trump administration’s intended destination, war-torn South Sudan, a country the State Department advises against travel to due to “crime, kidnapping, and armed conflict.”
The immigrants from Cuba, Laos, Mexico, Myanmar, Vietnam and South Sudan arrived in South Sudan on Friday after a federal judge cleared the way for the Trump administration to relocate them in a case that had gone to the Supreme Court, which had permitted their removal from the U.S. Administration officials said the men had been convicted of violent crimes in the U.S.
“This was a win for the rule of law, safety and security of the American people,” said Homeland Security spokeswoman Tricia McLaughlin in a statement Saturday announcing the men’s arrival in South Sudan, a chaotic country in danger once more of collapsing into civil war.
The Supreme Court on Thursday cleared the way for the transfer of the men who had been put on a flight in May bound for South Sudan. That meant that the South Sudan transfer could be completed after the flight was detoured to a base in Djibouti, where they men were held in a converted shipping container. The flight was detoured after a federal judge found the administration had violated his order by failing to allow the men a chance to challenge the removal.
The court’s conservative majority had ruled in June that immigration officials could quickly deport people to third countries. The majority halted an order that had allowed immigrants to challenge any removals to countries outside their homeland where they could be in danger.
A flurry of court hearings on Independence Day resulted a temporary hold on the deportations while a judge evaluated a last-ditch appeal by the men’s before the judge decided he was powerless to halt their removals and that the person best positioned to rule on the request was a Boston judge whose rulings led to the initial halt of the administration’s effort to begin deportations to South Sudan.
By Friday evening, that judge had issued a brief ruling concluding the Supreme Court had tied his hands.
The men had final orders of removal, Immigration and Customs Enforcement officials have said. Authorities have reached agreements with other countries to house immigrants if authorities cannot quickly send them back to their homelands.
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International Criminal Court hit with cyber security attack
Legal Interview |
2025/07/03 00:29
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The International Criminal Court has been targeted by a “sophisticated” cyberattack and is taking measures to limit any damage, the global tribunal announced Monday.
The ICC, which also was hit by a cyberattack in 2023, said the latest incident had been contained but did not elaborate further on the impact or possible motive.
“A Court-wide impact analysis is being carried out, and steps are already being taken to mitigate any effects of the incident,” the court said in a statement.
The incident happened in the same week that The Hague hosted a summit of 32 NATO leaders at a conference center near the court amid tight security including measures to guard against cyberattacks.
The court declined to say whether any confidential information had been compromised.
The ICC has a number of high-profile investigations and preliminary inquiries underway in nations around the world and has in the past been the target of espionage.
In 2022, a Dutch intelligence agency said it had foiled a plot by a Russian spy using a false Brazilian identity to work as an intern at the court, which is investigating allegations of Russian war crimes in Ukraine and has issued a war crimes arrest warrant for President Vladimir Putin, accusing him of personal responsibility for the abductions of children from Ukraine.
Arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, over Israel’s campaign against Hamas in Gaza have also drawn ire. U.S. President Donald Trump slapped sanctions on its chief prosecutor, Karim Khan, in February and earlier this month also sanctioned four judges at the court.
The court is still feeling the effects of the last cyberattack, with wifi still not completely restored to its purpose-built headquarters.
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What’s next for birthright citizenship after the Supreme Court’s ruling
Legal Interview |
2025/06/28 18:36
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The legal battle over President Donald Trump’s move to end birthright citizenship is far from over despite the Republican administration’s major victory Friday limiting nationwide injunctions.
Immigrant advocates are vowing to fight to ensure birthright citizenship remains the law as the Republican president tries to do away with more than a century of precedent.
The high court’s ruling sends cases challenging the president’s birthright citizenship executive order back to the lower courts. But the ultimate fate of the president’s policy remains uncertain.
Here’s what to know about birthright citizenship, the Supreme Court’s ruling and what happens next.
What does birthright citizenship mean?
Birthright citizenship makes anyone born in the United States an American citizen, including children born to mothers in the country illegally.
The practice goes back to soon after the Civil War, when Congress ratified the Constitution’s 14th Amendment, in part to ensure that Black people, including former slaves, had citizenship.
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,” the amendment states.
Thirty years later, Wong Kim Ark, a man born in the U.S. to Chinese parents, was refused re-entry into the U.S. after traveling overseas. His suit led to the Supreme Court explicitly ruling that the amendment gives citizenship to anyone born in the U.S., no matter their parents’ legal status.
It has been seen since then as an intrinsic part of U.S. law, with only a handful of exceptions, such as for children born in the U.S. to foreign diplomats.
Trump has long said he wants to do away with birthright citizenship
Trump’s executive order, signed in January, seeks to deny citizenship to children who are born to people who are living in the U.S. illegally or temporarily. It’s part of the hardline immigration agenda of the president, who has called birthright citizenship a “magnet for illegal immigration.”
Trump and his supporters focus on one phrase in the amendment — “subject to the jurisdiction thereof” – saying it means the U.S. can deny citizenship to babies born to women in the country illegally.
A series of federal judges have said that’s not true, and issued nationwide injunctions stopping his order from taking effect.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order,” U.S. District Judge John Coughenour said at a hearing earlier this year in his Seattle courtroom.
In Greenbelt, Maryland, a Washington suburb, U.S. District Judge Deborah Boardman wrote that “the Supreme Court has resoundingly rejected and no court in the country has ever endorsed” Trump’s interpretation of birthright citizenship.
Is Trump’s order constitutional? The justices didn’t say
The high court’s ruling was a major victory for the Trump administration in that it limited an individual judge’s authority in granting nationwide injunctions. The administration hailed the ruling as a monumental check on the powers of individual district court judges, whom Trump supporters have argued want to usurp the president’s authority with rulings blocking his priorities around immigration and other matters.
But the Supreme Court did not address the merits of Trump’s bid to enforce his birthright citizenship executive order.
“The Trump administration made a strategic decision, which I think quite clearly paid off, that they were going to challenge not the judges’ decisions on the merits, but on the scope of relief,” said Jessica Levinson, a Loyola Law School professor.
Attorney General Pam Bondi told reporters at the White House that the administration is “very confident” that the high court will ultimately side with the administration on the merits of the case.
Questions and uncertainty swirl around next steps
The justices kicked the cases challenging the birthright citizenship policy back down to the lower courts, where judges will have to decide how to tailor their orders to comply with the new ruling. The executive order remains blocked for at least 30 days, giving lower courts and the parties time to sort out the next steps.
The Supreme Court’s ruling leaves open the possibility that groups challenging the policy could still get nationwide relief through class-action lawsuits and seek certification as a nationwide class. Within hours after the ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump’s order.
But obtaining nationwide relief through a class action is difficult as courts have put up hurdles to doing so over the years, said Suzette Malveaux, a Washington and Lee University law school professor.
“It’s not the case that a class action is a sort of easy, breezy way of getting around this problem of not having nationwide relief,” said Malveaux, who had urged the high court not to eliminate the nationwide injunctions.
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Trump signs order imposing sanctions on International Criminal Court
Legal Interview |
2025/02/02 12:24
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President Donald Trump signed an executive order imposing sanctions on the International Criminal Court over investigations of Israel, a close U.S. ally.
Neither the U.S. nor Israel is a member of or recognizes the court, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes over his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response.
The order Trump signed Thursday accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant.
“The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries.
Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill.
The order says the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States.
Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating.
“Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.”
Hogle said the order “is an attack on both accountability and free speech.”
“You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement.
Like Israel, the U.S. is not among the court’s 124 members and has long harbored suspicions that a global court could arbitrarily prosecute U.S. officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court. In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan.
However, those sanctions were lifted under President Joe Biden, and the U.S. began to tepidly cooperate with the tribunal ? especially after Khan in 2023 charged Russian President Vladimir Putin with war crimes in Ukraine.
Driving that turnaround was Sen. Lindsey Graham, R-S.C., who organized meetings in Washington, New York and Europe between Khan and GOP lawmakers who have been among the court’s fiercest critics. |
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A federal judge temporarily blocks Trump’s executive order
Legal Interview |
2025/01/28 02:04
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A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order.
The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday.
The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.”
Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds.
Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional.
“I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added.
Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect.
The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.”
“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said.
The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.
The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship.
Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law.
“Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?”
Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status. |
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Pentagon chief loses bid to reject 9/11 plea deals
Legal Interview |
2025/01/02 03:59
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A military appeals court has ruled against Defense Secretary Lloyd Austin’s effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a U.S. official said.
The decision puts back on track the agreements that would have the three men plead guilty to one of the deadliest attacks on the United States in exchange for being spared the possibility of the death penalty. The attacks by al-Qaida killed nearly 3,000 people on Sept. 11, 2001, and helped spur U.S. invasions of Afghanistan and Iraq in what the George W. Bush administration called its war on terror.
The military appeals court released its ruling Monday night, according to the U.S. official, who was not authorized to discuss the matter publicly and spoke on condition of anonymity.
Military prosecutors and defense attorneys for Mohammed, the accused mastermind of the attacks, and two co-defendants reached the plea agreements after two years of government-approved negotiations. The deals were announced late last summer.
Supporters of the plea agreements see them as a way of resolving the legally troubled case against the men at the U.S. military commission at Guantanamo Bay naval base in Cuba. Pretrial hearings for Mohammed, Walid bin Attash and Mustafa al-Hawsawi have been underway for more than a decade.
Much of the focus of pretrial arguments has been on how torture of the men while in CIA custody in the first years after their detention may taint the overall evidence in the case.
Within days of news of the plea deal this summer, Austin issued a brief order saying he was nullifying them.
He cited the gravity of the 9/11 attacks in saying that as defense secretary, he should decide on any plea agreements that would spare the defendants the possibility of execution.
Defense lawyers said Austin had no legal authority to reject a decision already approved by the Guantanamo court’s top authority and said the move amounted to unlawful interference in the case.
The military judge hearing the 9/11 case, Air Force Col. Matthew McCall, had agreed that Austin lacked standing to throw out the plea bargains after they were underway. That had set up the Defense Department’s appeal to the military appeals court.
Austin now has the option of taking his effort to throw out the plea deals to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon did not immediately respond to a request for comment.
Separately, the Pentagon said it had repatriated one of the longest-held detainees at the Guantanamo military prison, a Tunisian man who U.S. authorities approved for transfer more than a decade ago.
Ridah bin Saleh al-Yazidi’s return to Tunisia leaves 26 men at Guantanamo. That’s down from a peak population of about 700 Muslim men detained abroad and brought to the prison in the years after the Sept. 11 attacks.
Al-Yazidi’s repatriation leaves 14 men awaiting transfer to other countries after U.S. authorities waived any prosecution and cleared them as security risks.
The Biden administration, pressed by rights groups to free remaining Guantanamo detainees held without charge, transferred out three other men this month. The U.S. says it is searching for suitable and stable countries willing to receive the remaining 14.
In a statement, the U.S. military said it had worked with authorities in Tunisia for the “responsible transfer” of al-Yazidi. He had been a prisoner at Guantanamo since 2002, when the U.S. began sending Muslim detainees taken abroad there.
Al-Yazidi is the last of a dozen Tunisian men once held at Guantanamo.
Of those remaining at Guantanamo, seven — including Mohammed and his 9/11 co-defendants — face active cases. Two others of the 26 total have been convicted and sentenced by the military commission.
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TikTok asks Supreme Court to temporarily block law that could ban site in U.S.
Legal Interview |
2024/12/17 22:29
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TikTok on Monday asked the Supreme Court to step in on an emergency basis to block the federal law that would ban the popular platform in the United States unless its China-based parent company agreed to sell it.
Lawyers for the company and China-based ByteDance urged the justices to step in before the law’s Jan. 19 deadline. A similar plea was filed by content creators who rely on the platform for income and some of TikTok’s more than 170 million users in the U.S.
“A modest delay in enforcing the Act will create breathing room for this Court to conduct an orderly review and the new Administration to evaluate this matter — before this vital channel for Americans to communicate with their fellow citizens and the world is closed,” lawyers for the companies told the Supreme Court.
President-elect Donald Trump, who once supported a ban but then pledged during the campaign to “save TikTok,” said his administration would take a look at the situation.
“As you know, I have a warm spot in my heart for TikTok,” Trump said during a news conference at his Mar-a-Lago club in Florida. His campaign saw the platform as a way to reach younger, less politically engaged voters.
Trump was meeting with TikTok CEO Shou Zi Chew at Mar-a-Lago on Monday, according to two people familiar with the president-elect’s plans who were not authorized to speak publicly about them and spoke to The Associated Press on condition of anonymity.
The companies have said that a shutdown lasting just a month would cause TikTok to lose about a third of its daily users in the U.S. and significant advertising revenue.
The case could attract the court’s interest because it pits free speech rights against the government’s stated aims of protecting national security, while raising novel issues about social media platforms.
The request first goes to Chief Justice John Roberts, who oversees emergency appeals from courts in the nation’s capital. He almost certainly will seek input from all nine justices.
On Friday, a panel of federal judges on the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency plea to block the law, a procedural ruling that allowed the case to move to the Supreme Court.
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