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Judge bars deportations of Venezuelans from Texas under the Alien Enemies Act
Biotech |
2025/05/04 10:47
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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.
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Ex-UK lawmaker charged with cheating in election betting scandal
Biotech |
2025/04/10 11:42
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A former Conservative lawmaker and 14 others have been charged with cheating when placing bets on the timing of Britain’s general election last year, the Gambling Commission said Monday.
Craig Williams was one of several people who had been investigated for cashing in on insider knowledge on the date then-Prime Minister Rishi Sunak would call the election. Other members of the Conservative Party that controlled government at the time and a police officer were among those facing charges that carry a potential two-year prison term, if convicted.
It’s legal for politicians to wager on elections, but the investigation was about whether they used inside information to gain an unfair advantage. One of the popular bets at the time was to wager on the date the prime minister would call an election.
At the time, the conventional wisdom was that Sunak would call an election in the fall, but he surprised people in May when he set the election date for July 4th. The announcement was a disaster as Sunak was drenched in pouring rain outside his residence and word quickly spread that a handful of people with connections to the party had placed suspiciously timed bets.
The vote six weeks later ended up being a bloodbath for Conservatives, as the Labour Party, led by Prime Minister Keir Starmer, swept them out of office for the first time in 14 years.
Williams, who was Sunak’s parliamentary private secretary and running for reelection, had disclosed he placed a 100-pound ($131) bet on a July election days before the date had been announced.
“I committed an error of judgment, not an offense, and I want to reiterate my apology directly to you,” he said in a video posted on social media in June.
In the election, Williams lost his seat representing an area of Wales, finishing third.
Others facing charges included Russell George, a Conservative in the Welsh parliament, Nick Mason, a former chief data officer for the Tories and Thomas James, the director of the Welsh Conservatives.
Anthony Lee, a former Conservative campaign director, was also charged alongside his wife, Laura Saunders, who ran unsuccessfully for a seat in Parliament representing an area of southwest England.
George was suspended by the Conservative Party after news of the criminal case.
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US immigration officials look to expand social media data collection
Biotech |
2025/03/30 08:53
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U.S. immigration officials are asking the public and federal agencies to comment on a proposal to collect social media handles from people applying for benefits such as green cards or citizenship, to comply with an executive order from President Donald Trump.
The March 5 notice raised alarms from immigration and free speech advocates because it appears to expand the government’s reach in social media surveillance to people already vetted and in the U.S. legally, such as asylum seekers, green card and citizenship applicants -- and not just those applying to enter the country. That said, social media monitoring by immigration officials has been a practice for over a decade, since at least the second Obama administration and ramping up under Trump’s first term.
The Department of Homeland Security issued a 60-day notice asking for public commentary on its plan to comply with Trump’s executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The plan calls for “uniform vetting standards” and screening people for grounds of inadmissibility to the U.S., as well as identify verification and “national security screening.” It seeks to collect social media handles and the names of platforms, although not passwords.
The policy seeks to require people to share their social media handles when applying for U.S. citizenship, green card, asylum and other immigration benefits. The proposal is open to feedback from the public until May 5.
“The basic requirements that are in place right now is that people who are applying for immigrant and non-immigrant visas have to provide their social media handles,” said Rachel Levinson-Waldman, managing director of the Brennan Center’s Liberty and National Security Program at New York University. “Where I could see this impacting is someone who came into the country before visa-related social media handle collection started, so they wouldn’t have provided it before and now they’re being required to. Or maybe they did before, but their social media use has changed.”
“This fairly widely expanded policy to collect them for everyone applying for any kind of immigration benefit, including people who have already been vetted quite extensively,” she added.
What this points to — along with other signals the administration is sending such as detaining people and revoking student visas for participating in campus protests that the government deems antisemitic and sympathetic to the militant Palestinian group Hamas — Levinson-Waldman added, is the increased use of social media to “make these very high-stakes determinations about people.”
In a statement, a spokesperson for the United States Citizenship and Immigration Service said the agency seeks to “strengthen fraud detection, prevent identity theft, and support the enforcement of rigorous screening and vetting measures to the fullest extent possible.”
“These efforts ensure that those seeking immigration benefits to live and work in the United States do not threaten public safety, undermine national security, or promote harmful anti-American ideologies,” the statement continued. USCIS estimates that the proposed policy change will affect about 3.6 million people.
How are social media accounts used now?
The U.S. government began ramping up the use of social media for immigration vetting in 2014 under then-President Barack Obama, according to the Brennan Center for Justice. In late 2015, the Department of Homeland Security began both “manual and automatic screening of the social media accounts of a limited number of individuals applying to travel to the United States, through various non-public pilot programs,” the nonpartisan law and policy institute explains on its website.
In May 2017, the U.S. Department of State issued an emergency notice to increase the screening of visa applicants. Brennan, along with other civil and human rights groups, opposed the move, arguing that it is “excessively burdensome and vague, is apt to chill speech, is discriminatory against Muslims, and has no security benefit.”
Two years later, the State Department began collecting social media handles from “nearly all foreigners” applying for visas to travel to the U.S. — about 15 million people a year.
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Trump signs order designating English as the official language of the US
Biotech |
2025/03/02 08:06
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President Donald Trump signed on Saturday an executive order designating English as the official language of the United States.
The order allows government agencies and organizations that receive federal funding to choose whether to continue to offer documents and services in language other than English.
It rescinds a mandate from former President Bill Clinton that required the government and organizations that received federal funding to provide language assistance to non-English speakers.
“Establishing English as the official language will not only streamline communication but also reinforce shared national values, and create a more cohesive and efficient society,” according to the order.
“In welcoming new Americans, a policy of encouraging the learning and adoption of our national language will make the United States a shared home and empower new citizens to achieve the American dream,” the order also states. “Speaking English not only opens doors economically, but it helps newcomers engage in their communities, participate in national traditions, and give back to our society.”
More than 30 states have already passed laws designating English as their official language, according to U.S. English, a group that advocates for making English the official language in the United States.
For decades, lawmakers in Congress have introduced legislation to designate English as the official language of the U.S., but those efforts have not succeeded.
Within hours of Trump’s inauguration last month, the new administration took down the Spanish language version of the official White House website.
Hispanic advocacy groups and others expressed confusion and frustration at the change. The White House said at the time it was committed to bringing the Spanish language version of the website back online. As of Saturday, it was still not restored.
The White House did not immediately respond to a message about whether that would happen.
Trump shut down the Spanish version of the website during his first term. It was restored when President Joe Biden was inaugurated in 2021.
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Florida Attorney General Ashley Moody will fill Marco Rubio’s Senate seat
Biotech |
2025/01/18 09:41
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Florida Attorney General Ashley Moody will take Marco Rubio ’s seat in the U.S. Senate, Gov. Ron DeSantis announced Thursday, making Moody only the second woman to represent Florida in the chamber.
Elected as the state’s top law enforcement officer in 2018, Moody campaigned on a pledge to voters that she’d be a prosecutor, not a politician. But along with DeSantis, she boosted her political profile during the onset of the COVID-19 pandemic, calling on the federal government to “hold China responsible” for the outbreak.
In elevating her to the post, DeSantis praised Moody as a key player in his political battles, a law and order prosecutor who’s prepared to help President-elect Donald Trump “secure and shut the border,” rein in inflation, and overhaul what he described as a federal bureaucracy “run amok.”
“I’m ready to show up and fight for this nation and fight for President Trump to deliver the America First agenda on Day 1,” Moody said during Thursday’s announcement at a hotel in Orlando.
“The only way to return this country to the people, the people who govern it, is to make sure we have a strong Congress doing its job, passing laws and actually approving the regulations that these unelected bureaucrats are trying to cram down on the American people,” she added.
Before running for statewide office, Moody worked as a federal prosecutor. In 2006, she was elected to the post of circuit judge in Hillsborough County, home to Tampa. A fifth generation native of Plant City, Florida, Moody was once named queen of the city’s famed strawberry festival. She’s a three-time graduate of the University of Florida and she and her husband, a law enforcement officer, have two sons.
As the state’s attorney general, Moody has been instrumental in defending DeSantis’ conservative agenda in court and has joined other Republican-led states in challenging the Biden administration’s policies, suing over changes to immigration enforcement, student loan forgiveness and vaccine mandates for federal contractors.
“I’m happy to say we’ve had an Attorney General that is somebody that has acted time and time again to support the values that we all share,” DeSantis said. “We in Florida established our state as a beachhead of liberty, as the free state of Florida. And she was with us every step of the way.”
Moody isn’t the state’s only AG to use the office as a stepping stone to a national post. Her predecessor, Pam Bondi, is Trump’s pick to lead the Justice Department and is testifying Thursday in the Senate.
Moody will be the second woman to represent the state in the Senate, and the first in nearly 40 years; Republican Paula Hawkins served in the chamber from 1981-1987.
With the appointment announced, Moody is poised to take office once the vacancy occurs. Rubio is expected to have broad support from Republicans as well as Democrats, and his confirmation vote could come as soon as Monday evening.
Under Florida law, it was up to the Republican governor to choose Rubio’s replacement after Trump picked the three-term senator to be his next secretary of state. Moody will serve in the Senate until the next general election in 2026, when the seat will be back on the ballot.
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Trump asks the Supreme Court to block sentencing in his hush money case
Biotech |
2025/01/09 07:59
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President-elect Donald Trump is asking the Supreme Court to call off Friday’s sentencing in his hush money case in New York.
Trump’s lawyers turned to the nation’s highest court on Wednesday after New York courts refused to postpone the sentencing by Judge Juan M. Merchan, who presided over Trump’s trial and conviction last May on 34 felony counts of falsifying business records. Trump has denied wrongdoing.
The justices asked for a response from prosecutors by Thursday morning. Trump’s team sought an immediate stay of the scheduled sentencing, saying it would wrongly restrict him as he prepares to take office. While Merchan has indicated he will not impose jail time, fines or probation, Trump’s lawyers argued a felony conviction would still have intolerable side effects.
The sentencing should be delayed as he appeals the conviction to “prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” they argued.
The emergency motion is from lawyers John Sauer, Trump’s pick for solicitor general, who represents the government before the high court, and Todd Blanche, in line to be the second-ranking official at the Justice Department.
They also pointed to the Supreme Court ruling giving Trump and other presidents broad immunity from prosecutions over their actions in office, saying it supports their argument that his New York conviction should be overturned.
Their filing said the New York trial court “lacks authority to impose sentence and judgment on President Trump — or conduct any further criminal proceedings against him— until the resolution of his underlying appeal raising substantial claims of Presidential immunity, including by review in this Court if necessary.”
The Republican president-elect’s spokesman, Steven Cheung, called for the case to be dismissed in a statement. Trump simultaneously filed an emergency appeal in front of New York’s highest court.
The Manhattan district attorney’s office, meanwhile, said it will respond in court papers. Trump’s convictions arose from what prosecutors said was an attempt to cover up a $130,000 hush money payment to porn actor Stormy Daniels just before the 2016 presidential election.
Daniels claims she had a sexual encounter with Trump in 2006. He denies it.
The Supreme Court’s immunity opinion came in a separate election interference case against him, but Trump’s lawyers say it means some of the evidence used against him in his hush money trial should have been shielded by presidential immunity. That includes testimony from some White House aides and social media posts made while he was in office.
Merchan has disagreed, finding they would qualify as personal business. The Supreme Court’s immunity decision was largely about official acts of presidents while in office.
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Supreme Court rejects Wisconsin parents’ challenge to school guidance
Biotech |
2024/12/11 09:58
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The Supreme Court on Monday rejected an appeal from Wisconsin parents who wanted to challenge a school district’s guidance for supporting transgender students.
The justices, acting in a case from Eau Claire, left in place an appellate ruling dismissing the parents’ lawsuit.
Three justices, Samuel Alito, Brett Kavanaugh and Clarence Thomas, would have heard the case. That’s one short of what is needed for full review by the Supreme Court.
Parents with children in Eau Claire public schools argued in a lawsuit that the school district’s policy violates constitutional protections for parental rights and religious freedom.
Sixteen Republican-led states had urged the court to take up the parents’ case.
Lower courts had found that the parents lacked the legal right, or standing. Among other reasons, the courts said no parent presented evidence that the policy affected them or their children.
A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals included two judges Republican Donald Trump appointed during his first term.
But Alito described the case as presenting “a question of great and growing national importance,” whether public school districts violate parents’ rights when they encourage students to transition or assist in the process without parental consent or knowledge.
“Administrative Guidance for Gender Identity Support” encourages transgender students to reach out to staff members with concerns and instructs employees to be careful who they talk to about a student’s gender identity, since not all students are “out” to their families.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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