On a new episode of the Insider podcast, Preet Bharara and Joyce Vance discuss:
– The Supreme Court’s decision allowing the Trump administration to deport immigrants to countries other than their homeland;
– A judge’s order releasing pro-Palestinian activist Mahmoud Khalil from custody while his deportation case proceeds;
– A ruling ordering the release of Salvadoran national Kilmar Abrego García while he awaits his criminal trial;
– A federal appeals court decision allowing President Trump to retain control of the National Guard in Los Angeles; and
– The Supreme Court’s recent decision in U.S. v. Skrmetti upholding a Tennessee ban on gender-affirming care for transgender minors.
A NOTE FROM THE PRODUCER
is a lawyer and Supervising Producer at Stay Tuned with Preet.
Did the Supreme Court just reward government “lawlessness” in deportation cases?
That’s the warning Justice Sonia Sotomayor issued in her dissenting opinion in the SCOTUS case Department of Homeland Security v. D.V.D.
In a Monday evening order, the Court’s conservative majority permitted the Trump administration to deport immigrants to countries other than their homeland without affording deportees an opportunity to challenge their removal. The justices handed down their decision with no written explanation or vote count, with the three liberal justices dissenting. In dissent, Sotomayor argued that the Court’s order effectively endorsed the Trump administration’s defiance of lower court rulings. Lower court judges have accused the administration of deporting a man to Guatemala and attempting to deport six others to South Sudan—all in defiance of court orders.
In a new episode of the Insider podcast, we examine the consequences of the majority’s decision to allow the Trump administration to proceed with third-country deportations, for now, pending a final decision on the merits.
Joyce Vance: “Either everyone gets due process rights or none of us do. If you can be arrested and labeled a criminal and then deported without due process…we are all at risk.”
Preet and Joyce also discuss the ongoing deportation cases of pro-Palestinian activist Mahmoud Khalil and Salvadoran national Kilmar Abrego García. A federal judge in New Jersey ordered Khalil’s release from ICE custody while his immigration proceedings continue. In a separate ruling, a federal judge in Tennessee ordered Abrego García’s release while he awaits criminal trial. However, he is likely to remain in ICE custody due to his ongoing deportation case.
Then, we shift to the ongoing legal battle over President Trump’s federalization of the California National Guard, which he deployed in response to the protests in Los Angeles. A unanimous panel of 9th Circuit Court of Appeals judges ruled that Trump can keep control of the troops, overruling a district court judge’s opinion.
Finally, we turn to the Supreme Court’s recent decision in U.S. v. Skrmetti, which upheld a Tennessee ban on gender-affirming care for transgender minors. You can also check out a case brief I wrote about the ruling last week.
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Stay Informed,
Jake
