Julia Sherman, Britany Riley  //  4/10/17  //  Daily Update

Legal experts from around the world continue to debate the legality of President Trump’s military strike against Syria. The Department of Homeland Security resurrected programs deputizing state and local police to enforce immigration laws. Attorney General Jeff Sessions continued to make changes at the Department of Justice with significant ramifications for civil rights enforcement. New York became the first state to provide lawyers for all indigent immigrants detained and facing deportation.

IMMIGRATION

The Department of Homeland Security has resurrected programs deputizing state and local police to enforce immigration laws, a moved strongly denounced by the ACLU.

New York became the first state to provide lawyers for all indigent immigrants detained and facing deportation (Immigration Prof Blog).

President’s Trump plan to deport millions of undocumented immigrants may violate international law principles, argues Ali Khan (Jurist).

CIVIL RIGHTS

The Trump Administration’s plans for the Department of Justice’s Civil Rights Division raises grave concerns, explain Joshua Matz and Leah Litman at Take Care.

The Department of Justice under Attorney General Jeff Sessions is “blinding itself to injustice,” argues Renée Graham (Boston Globe).

President Trump has nominated Mark Green as Secretary of the Army, a decision denounced by the Human Rights Campaign in light of Green’s “radical” anti-LGBTQ views (HRC).

JUSTICE & SAFETY

President Trump has officially notified Congress of U.S. military action against Syria (Politico).

• Here is the President’s letter to Congress.
• United to Protect Democracy filed a FOIA request to obtain President Trump’s legal justification for the strike.
• Jennifer Daskal calls for the Trump Administration to release its full legal rationale for the strikes (Just Security).
• John B. Bellinger, III reacts to the President’s report sent to Congress following the strike at (Lawfare).
• Ryan Goodman recounts the views of top legal experts at (Just Security).
• John B. Bellinger, III considers possible legal bases for the Syrian strike (Lawfare).
• Marty Lederman considers the Trump Administration’s legal reasoning for the strikes based on apparent Administration guidance at Take Care.
• Andrew J. Bacevich argues that the strikes are a considerable encroachment on congressional war powers (Boston Globe).
• Steven D. Schwinn concludes that congressional authorization isn’t needed for a strike against ISIS (Constitutional Law Prof Blog).
• Large-scale military intervention against Syria will require congressional authorization, argues Ilya Somin at The Volokh Conspiracy.
• Charlie Savage outlines significant international and domestic legal issues raised by President Trump’s military strike against Syria (NYT).
• Harold Koh argues that the strike was not prohibited by the U.S. Constitution or the U.N. Charter (Just Security).
• Marty Lederman disagrees, arguing that the strikes was not permitted as humanitarian intervention under the U.N. Charter.
• Jens David Ohlin agrees with Koh, arguing the strike was permissible under Article 51 of the U.N. Charter (Opinio Juris).
• Marko Milanovic concludes the strike was “clearly illegal” (EJIL: Talk!).
• Hina Shamsi condemns the strikes as an illegal response to horrific atrocities (ACLU).
• Michael J. Adams questions whether the Trump Administration justifies the strike on legal or moral grounds (Lawfare).
• Jack Goldsmith examines the strike through the lens Office of Legal Counsel precedents (Lawfare).
• Responding to Goldsmith, Andrew Kent argues that consensus has emerged regarding the interplay between presidential and congressional war powers (Lawfare).
• Deborah Pearlstein questions whether the relevant international law principles in 2017 differ from those in 2013 (Opinio Juris).
• Similarly, Julian Ku compares current arguments to those advanced in 2012–2013 (Opinio Juris).
• Conor Friedersdorf argues that the strikes were “unconstitutional and unwise” (The Atlantic).
• Edward Swaine breaks down the debate on international versus domestic law grounds (Opinio Juris).
• Julian Ku notes a lack of criticism of the strike by other states (Opinio Juris), and comments specifically on China’s refusal to condemn the strike (Lawfare).
• Michael Schmitt and Chris Ford discuss whether humanitarian intervention is an emerging norm (Just Security).
• Monica Hakimi analyzes initial implications in the context of jus ad bellum (EJIL: Talk!).
• Ashley Deeks compares the Syria strikes to the 1999 NATO intervention in Kosovo.

Senate Majority Leader Mitch McConnell is open to new sanctions against Russia, reports Jordain Carney (The Hill).

The Trump Administration’s stance on human rights seems “muddled” following Egyptian President al-Sisi’s visit this week, argue Eric Rosand and Alistair Millar (Just Security).

Attorney General Jeff Sessions wants to bring back the “tough on crime” drug policies of the 1980s and 1990s, reports Sari Horwitz (WaPo).

Deputy National Security Adviser Kathleen McFarland has stepped down, reportedly in order to become the U.S. Ambassador to Singapore (WSJ, NYT, Boston Globe).

DEMOCRACY

Twitter sued to oppose a demand for the identity of a user critical of the Trump Administration by the Customs and Border Patrol (NYT).

• Here is the complaint.
• U.S. Senator Ron Wyden sent a letter expressing concern and asking the CBP to explain the summons.
• Twitter dropped the suit after the CBP withdrew its demand (Lawfare).

Gerrymandering has become the scapegoat for too many of our political problems, argues Aaron Blake (WaPo).

CONFLICTS

State bars should have a limited role in disciplining Trump Administration officials accused of lying, argues Charlie Gerstein at Take Care.

REGULATION

President Trump appointed Neomi Rao as Administrator of the Office of Information and Regulatory Affairs, suggesting commitment to regulatory reform (Volokh Conspiracy, The Hill).

The Environmental Protection Agency is continuing its shift away from climate change programs (The Hill)

• The EPA may also repeal ozone-pollution rules (The Hill).
• The Trump Administration plans to retract offshore drilling restrictions (The Hill).

Federal Communication Commission Commissioner Ajit Pai plans to eliminate net neutrality rules (Ars Technica).

CHECKS & BALANCES

With the end of the filibuster, the Senate risks fundamental changes harmful to the legislative process, argues Abbe R. Gluck at Take Care.

FEDERALISM

In addition to anti-urban challenges from the Trump Administration, cities also face political threats from states, argues Richard C. Schragger at Take Care.

RUSSIAN INTERFERENCE

Congressman Devin Nunes will “step away” from the investigation of Russian interference in the 2016 election, but what that means is unclear notes Ian Samuels at Take Care.

There is clear evidence the Trump campaign colluded with Russia to influence the election, argue Jordan Brunner, Quinta Jurecic, and Benjamin Wittes at (Lawfare).

And that's our update today!  Thanks for reading.  We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.  

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