红杏视频

Ruling follows similar one in New York earlier today DENVER 鈥� A Colorado federal court has issued a preliminary injunction blocking removals under the Alien Enemies Act (AEA) for people within that court鈥檚 judicial district. The ruling follows a similar one from a New York federal court earlier today. The Colorado case is D.B.U. v. Trump. The court ruled the presidential proclamation exceeds the scope of the Alien Enemies Act because there is no 鈥渋nvasion,鈥� 鈥減redatory incursion,鈥� or 鈥渇oreign nation or government鈥� as required under the act. The Colorado ruling stems from a lawsuit filed by the 红杏视频, 红杏视频 of Colorado, and the Rocky Mountain Immigrant Advocacy Network. The following is reaction to today鈥檚 ruling: 鈥淭he court properly recognized that the president cannot simply ignore the constraints Congress placed on the use of this extraordinary wartime authority,鈥� said 红杏视频 attorney Lee Gelernt, lead counsel in the case. 鈥淭he court has again affirmed what we have always known to be true: deporting and disappearing people without notice or due process is cruel, unconscionable, and unlawful,鈥� said Tim Macdonald, 红杏视频 of Colorado legal director. 鈥淭he federal government cannot misuse the Alien Enemies Act, a two-centuries old law that was passed in 1798 to provide narrow wartime powers and has only been used three times in our country鈥檚 history. We will keep fighting to ensure no one else is subjected to this nightmare instigated by the Trump administration. No one, including the federal government, is above the law.鈥� 鈥淭he federal government has disappeared people. People who lived in our Colorado community are gone, imprisoned in El Salvador. Instead of watching and waiting, our clients took action on behalf of themselves and countless others similarly situated in the Aurora ICE detention facility. Their bravery, the diligent work of our co-counsel at the 红杏视频, and the team of steadfast advocates at RMIAN worked together to gain protection against this heartless and lawless government action,鈥� said Laura Lunn, director of advocacy and litigation at the Rocky Mountain Immigrant Advocacy Network. The ruling is online here.

PHILADELPHIA 鈥� The Third Circuit Court of Appeals today denied the government permission to appeal the issue of where Columbia University student Mahmoud Khalil鈥檚 habeas case should play out. Back in April, the U.S. District Court for the District of New Jersey ruled that it is the proper venue for Mr. Khalil鈥檚 habeas petition, as he was detained there when the petition was filed. The government argued that the venue should lie in Louisiana 鈥� because that is where the government shipped Mr. Khalil and is unlawfully detaining him 鈥� and sought to appeal the district court鈥檚 ruling. In today鈥檚 order, the Third Circuit denied that request. As a result, the case will continue to proceed in the District of New Jersey. The circuit court judges who issued the denial included Judges Stephanos Bibas, a Donald Trump appointee, Thomas Hardiman, a George W. Bush appointee, and Arianna Freeman, who was appointed by Joe Biden. 鈥淚t is the fundamental job of the judiciary to stand up to this kind of government manipulation of our basic rights. We hope the court鈥檚 order sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around and making it difficult or impossible for their lawyers to know where to seek their immediate release,鈥� said Brett Max Kaufman, a senior counsel with the 红杏视频鈥檚 Speech, Privacy, and Technology Project. 鈥嬧�婳n March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility 鈥� ripping him away from his wife and legal counsel. While stuck in detention, he was forced to miss the birth of his first child. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the 红杏视频, the New York Civil Liberties Union (NYCLU), and the 红杏视频 of New Jersey.

NEW YORK 鈥� A federal court in New York has granted a preliminary injunction blocking removals under the Alien Enemies Act (AEA) for people within that court鈥檚 judicial district. The case is G.F.F. v. Trump. The court today ruled that the presidential proclamation exceeds the scope of the Alien Enemies Act because there is no 鈥渨ar,鈥� 鈥渋nvasion,鈥� or 鈥減redatory incursion鈥� as required by the statute. It also held that the government鈥檚 protocols for providing notice to people about AEA designations are insufficient and violate due process. The ruling stems from a lawsuit filed by the 红杏视频 and New York Civil Liberties Union, in partnership with The Legal Aid Society, whose clients are plaintiffs in the litigation. The following is reaction to today鈥檚 ruling: 鈥淭he court joined several others in correctly recognizing the president cannot simply declare that there鈥檚 been an invasion and then invoke a wartime authority during peacetime to send individuals to a Gulag-type prison in El Salvador without even giving them due process,鈥� said 红杏视频 attorney Lee Gelernt, lead counsel who argued the case. 鈥淭he court said it loud and clear: Trump cannot rewrite, ignore, or supersede our laws to justify his lawless deportation agenda. Today鈥檚 ruling rightly affirms our class members鈥� constitutional rights to due process and rebukes Trump鈥檚 reckless invocation of a 1700s-era wartime law to deport people to a horrific, hellhole prison in El Salvador,鈥� said Donna Lieberman, executive director of the New York Civil Liberties Union. 鈥淭oday's decision is a powerful affirmation of our clients鈥� fundamental right to due process,鈥� said Sayoni Maitra, supervising attorney in the Federal Immigration Law Unit at The Legal Aid Society. 鈥淭he court rightly affirmed that the government cannot use an archaic wartime statute, in the absence of war, to sidestep due process and summarily deport asylum seekers who are lawfully seeking protection. We will continue to fight for a system that respects constitutional rights, human dignity, and justice for all.鈥� The ruling is online here.

NEW YORK 鈥� The Second Circuit Court of Appeals will hear arguments tomorrow, May 6 at 10 a.m. on whether a federal judge鈥檚 order to transfer R眉meysa 脰zt眉rk to Vermont should be granted or further delayed. Ms. 脰zt眉rk, a former Fulbright scholar and current Tufts University Ph.D. student researching child development, has been held in a Louisiana detention center for over a month 鈥� all in retaliation for co-authoring an op-ed. On March 25, while on the phone with her mom, plainclothes Immigration and Customs Enforcement (ICE) agents surrounded her in Somerville, Massachusetts and arrested her. For nearly 24 hours, Ms. 脰zt眉rk鈥檚 attorney was unable to locate her as ICE quickly and quietly moved her to three separate locations in three different states 鈥� including Vermont 鈥� before sending her to Louisiana. In early April, a federal judge in Massachusetts ruled that the challenge to ICE鈥檚 detention of Ms. 脰zt眉rk should continue in Vermont, not Louisiana. A Vermont judge later agreed that Ms. 脰zt眉rk鈥檚 federal case should continue in Vermont and ordered ICE to transfer her back to a Vermont facility by May 1. The government appealed on April 24. And last week, without ruling on the merits, the appeals court agreed to consider both the government鈥檚 request to keep her in Louisiana and her legal team鈥檚 opposition. Since she arrived in Louisiana, Ms. 脰zt眉rk has lived in a cramped room with poor ventilation and 23 other women for almost all hours of the day. In new filings in her federal court case in Vermont, she says she has suffered several asthma attacks that have 鈥渂ecome progressively harder to recover from鈥� while in detention. Whereas her attacks used to last between 5-15 minutes, they now can last up to 45 minutes. She is regularly exposed to asthma triggers including insect and rodent droppings, and is almost never exposed to fresh air. The new filings also describe difficulty receiving appropriate care in detention, including delays to receive medical care and dismissive comments from medical staff. She has suffered six weeks of a detention that is as harmful as it is unlawful. The Second Circuit will also hear arguments on Tuesday on the government鈥檚 motion to consolidate the cases of R眉meysa 脰zt眉rk and Mohsen Mahdawi, a move both students鈥� legal teams oppose. Ms. 脰zt眉rk is represented in immigration court by Mahsa Khanbabai and Marty Rosenbluth, and in federal court by Mahsa Khanbabai, the 红杏视频, 红杏视频 of Massachusetts, 红杏视频 of Vermont, CLEAR, and Emery Celli Brinckerhoff Abady Ward & Maazel LLP. Audio access to the hearing is available here.