Daily Update | April 9, 2018
Immigration authorities have detained 506 pregnant women since the Trump Administration ended a policy in December to release most pregnant women while their immigration cases are pending. The Justice Department called for Harvard College to disclose admissions information in a brief filed in a civil rights lawsuit accusing Harvard of discriminating against Asian-American applicants. Facebook announced that it will begin requiring purchasers of political or issue ads on its platform to first reveal and verify their identity. EPA Administrator Scott Pruitt has come under fire for spending extravagantly on office furniture and private jet travel. Paul Manafort is seeking to suppress evidence the Justice Department obtained from a storage locker.
IMMIGRATION
President Trump issued a memorandum directing administration officials to report steps they take to “expeditiously end ‘catch and release’ practices,” by which undocumented immigrants presenting themselves at the border are released from detention while waiting for their cases to be processed, writes Julie Hirschfeld Davis in the New York Times.
- Read the memorandum here.
Immigration authorities have detained 506 pregnant women since the Trump Administration ended a policy in December to release most pregnant women while their immigration cases are pending, reports Liz Jones at NPR.
Attorney General Jeff Sessions announced a “zero tolerance” policy, directing federal prosecutors in districts along the border to further emphasize charging people with illegal entry, Elliot Spagat writes at the Associated Press.
- Read the memorandum announcing the new policy here.
The U.S. government is expanding the Merida security assistance program through which it captures biometric data from tens of thousands of migrants arrested in Mexico, report Joshua Partlow and Nick Miroff in the Washington Post.
Texas became the first state to deploy National Guardsmen on the southern border after President Trump announced his intention to increase the federal military presence there (NYT).
Federal immigration officials raided a meat-processing plant in Tennessee, making 97 arrests in what was described as the largest workplace raid in over a decade (WaPo).
CIVIL RIGHTS
San Francisco sued the Justice Department for withdrawing guidelines developed under the Obama Administration “meant to protect poor people from jail for unpaid fines and strengthen rights of those with disabilities,” writes Bob Egelko in DisabilityScoop.
The Justice Department called for Harvard College to disclose admissions information in a brief filed in a civil rights lawsuit accusing Harvard of discriminating against Asian-American applicants (Boston Globe).
- The brief can be found here.
As the Supreme Court considers the Masterpiece Cakeshop case, it should consider the personal costs that would be borne by LGBTQ people if it sides with the plaintiff, writes Paul Smith at Balkinization.
DEMOCRACY
Facebook announced that it will begin requiring purchasers of political or issue ads on its platform to first reveal and verify their identity (NYT).
- Rick Hasen writes at the Election Law Blog that fleshing out the details of this self-regulation will require some difficult decisions.
The Trump Administration announced new sanctions on 7 Russian oligarchs and 17 government officials in response to Russian interference in the 2016 election and continued interference in Western elections, writes Gardiner Harris in the New York Times.
Felon disenfranchisement serves no compelling government interest, argues George Will in the Washington Post.
JUSTICE & SAFETY
It remains unclear how the military will reconcile its view of the need for an open-ended commitment to the U.S military presence in Syria with President Trump’s desire for a swift withdrawal, report Missy Ryan and Paul Sonne in the Washington Post.
Litigation proceeds seeking a writ of habeas corpus on behalf of 11 detainees at Guantanamo Bay who have been held without charge or trial, writes Russell Spivak at Lawfare.
H.R. McMaster departed the White House with an ovation from staff following his last day as National Security Advisor (Politico).
Administration officials and congressional staff are engaged in discussions over how to allow law enforcement officials continued access to encrypted devices and communications, writes Morgan Chalfant in The Hill.
CONFLICTS OF INTEREST
EPA Administrator Scott Pruitt has come under fire for spending extravagantly on office furniture and private jet travel, writes Liam Stack in the New York Times.
- Pruitt’s security detail has cost taxpayers over $3 million to date, write Juliet Eilperin and Brady Dennis in the Washington Post.
- A lobbyist couple from whom Pruitt rented a condo for several months at a discount rate of $50 per night eventually had to change the locks in order to get him to leave, reports Eliana Johnson in Politico.
- Chief of Staff John Kelly recommended to the president that Pruitt be fired, report Julie Hirschfeld Davis and Lisa Friedman in the New York Times.
- Three Republican senators voiced concern over Pruitt’s continued leadership of EPA amidst growing scrutiny of his spending and management practices (WaPo).
- Pruitt’s ethical missteps highlight the need for intra-executive branch checks and balances, argues Holly Doremus in Legal Planet.
REGULATION
EPA Administrator Scott Pruitt has been much less successful at enacting his deregulatory agenda than he or his critics would have you believe, writes Michael Grunwald in Politico.
- Pruitt’s haste has led to poorly crafted legal efforts that may be vulnerable to being struck down in court, write Coral Davenport and Lisa Friedman in the New York Times.
The first lawsuits challenging the legality of President Trump’s steel tariffs have been filed, writes Todd N. Tucker at Lawfare.
The Trump Administration is pushing to require online retailers to pay more in state and local sales taxes, reports Ruth Simon in the Wall Street Journal.
RULE OF LAW
The Trump Administration presents a danger to the strength of liberal democracies all over the globe, writes Madeleine Albright in the New York Times.
There are signs that the U.S. Supreme Court is struggling to decide several high-profile cases as the end of the term approaches, writes Lawrence Hurley in Reuters.
CHECKS & BALANCES
As John Bolton begins his tenure as national security advisor, it is critical that Congress engages in effective oversight, writes Patrick Eddington at Just Security.
Judge Stephen Reinhardt’s death highlights President Trump’s opportunity to reshape the federal judiciary by filling the many vacancies with conservative nominees (NYT).
John Kelly’s clout as White House Chief of Staff has diminished in recent months, report Ashley Parker, Josh Dawsey, and Philip Rucker in the Washington Post.
The Trump Administration has announced plans to overhaul the federal civil service system, but has yet to provide specifics, writes Joe Davidson inthe Washington Post.
FEDERALISM
The Department of Health and Human Services appears poised to reject a waiver Massachusetts has requested, which would allow the state to exclude certain brand-name drugs from its Medicaid program, increasing its leverage in price negotiations, write Nicholas Bagley and Rachel Sachs in Health Affairs.
California has a strong case in its defense from a Justice Department lawsuit of a state law allowing it to protect federal public lands, argues Eric Biber at Legal Planet.
RUSSIAN INTERFERENCE
Being named a “subject” in Special Counsel Robert Mueller’s probe is cause for President Trump to worry, not celebrate, argues Liam Brennan in Just Security.
The focus on the criminal portion of the Special Counsel’s investigation obscures the ongoing counterintelligence work, writes Dan Froomkin in ACSBlog.
Paul Manafort is seeking to suppress evidence the Justice Department obtained from a storage locker (Politico).
- Read Manafort’s motion here.
- Manafort also wants the presiding judge to order the Special Counsel to release the names of Manafort’s alleged accomplices, writes Sari Horwitz in the Washington Post.
- Manafort’s legal team may seek to allege political bias and misconduct by federal investigators as part of his defense, reports Josh Gerstein in Politico.
Claims that the Special Counsel’s investigation violates DOJ charging policies don’t stand up to scrutiny, argues Orin Kerr in Lawfare.
Tags:
Immigration Rule of Law Conflicts Checks & Balances Federalism Regulation Democracy Civil Rights Justice & Safety Russian Interference