Judge to weigh Louisiana AG’s challenge to city jail’s ‘sanctuary’ policy

Legal Insight 2025/04/30 06:33   Bookmark and Share
Louisiana Attorney General Liz Murrill is pushing forward with her efforts to force Orleans Parish Sheriff Susan Hutson to drop a longtime policy that generally prohibits deputies from directly engaging in federal immigration enforcement within the city’s jail.

In legal filings, Murrill claims that the policy — which the state characterizes as a so-called “sanctuary city” policy — is in direct conflict with a newly passed state law that requires state and local law enforcement agencies to cooperate with federal immigration agencies.

“The consent decree now sits fundamentally at odds with state law as applicable to immigration detainers,” Murrill said in court documents filed Friday.

A federal court will now determine whether to allow the state of Louisiana to join a 2011 federal suit that resulted in the policy and whether to throw out the policy altogether. A hearing has been set for April 30.

The state’s campaign against “sanctuary” policies comes as President Donald Trump is pushing local law enforcement agencies to join the federal government in his promised immigration crackdown. Since his inauguration, Trump has ordered the U.S. Department of Homeland Security to push for more partnerships between local law enforcement units and federal immigration agencies. A few have already signed up. Louisiana Gov. Jeff Landry, a longtime immigration hardliner and Trump ally, has worked with Republican lawmakers in the state to enact laws that encourage those collaborations.

As attorney general, Landry criticized a policy adopted by the New Orleans Police Department, under a long-running federal consent decree that blocks officers from enforcing immigration laws.

Neither Murrill’s office nor representatives for U.S. Immigration and Customs Enforcement responded to requests for comment.

In court filings, Murrill said Hutson “does not oppose the (state’s) intervention” in the case.” But a spokesperson for Hutson said that’s not exactly true. “It’s more accurate that we take no position regarding the state intervention,” a Sheriff’s Office spokesperson said in an emailed statement on Wednesday.

While she has not taken a position for or against increased collaboration with ICE, in an interview with Fox 8 in December, Hutson noted that the jail’s resources were far too stretched to take on immigration enforcement.

The sheriff’s policy stems from a 2013 federal court settlement in a civil rights case involving two New Orleans construction workers picked up on minor charges in 2009 and 2010. Mario Cacho and Antonio Ocampo sued after they were allegedly illegally held in the city’s jail past the completion of their sentences. The two were held at the request of U.S. Immigration and Customs Enforcement. The agency issues such “detainer” requests to local law enforcement agencies, asking them to hold onto arrestees who are suspected of immigration violations. Local agencies are only supposed to honor the hold requests for 48 hours, after which they should let detainees free. But in 2009 and 2010, then-Sheriff Marlin Gusman detained Cacho and Ocampo for months, according to legal filings in their case against the office.

Ocampo and Cacho settled the case with the Sheriff’s Office in 2013, and Gusman agreed to adopt a new policy on immigration investigations. The resulting policy blocks the agency from investigating immigration violations and from detaining immigrants for ICE without a court order, except in certain cases where they are facing charges for a small number of serious violent crimes.

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Judge blocks parts of Trump’s overhaul of US elections

Legal Insight 2025/04/25 07:46   Bookmark and Share
A judge on Thursday blocked the Trump administration from immediately enacting certain changes to how federal elections are run, including adding a proof-of-citizenship requirement to the federal voter registration form.

The decision is a setback for President Donald Trump, who has argued the requirement is needed to restore public confidence in elections. But the judge allowed other parts of Trump’s sweeping executive order on U.S. elections to go forward for now, including a directive to tighten mail ballot deadlines around the country.

Trump’s March executive order overhauling how U.S. elections are run prompted swift lawsuits from the League of United Latin American Citizens, the League of Women Voters Education Fund, the Democratic National Committee and others, who called it unconstitutional.

U.S. District Judge Colleen Kollar-Kotelly in Washington sided with voting rights groups and Democrats, saying that the Constitution gives the power to regulate federal elections to states and Congress — not the president. She noted federal lawmakers are currently working on their own legislation to require proof of citizenship to vote.

In a 120-page decision on Thursday, she said the plaintiffs had proven that the proof-of-citizenship requirement would cause their clients irreparable harm and go against the public interest, while the government had offered “almost no defense of the President’s order on the merits.”

Accordingly, she granted a preliminary injunction to stop the citizenship requirement from moving forward while the lawsuit plays out.

The judge also blocked part of the Republican president’s order requiring public assistance enrollees to have their citizenship assessed before getting access to the federal voter registration form.

But she denied other requests from a group of Democratic plaintiffs, including refusing to block Trump’s order to require all mailed ballots to be received by Election Day nationwide. She also did not touch Trump’s order to open certain databases to billionaire Elon Musk’s Department of Government Efficiency to allow it to review state voter lists to search for noncitizens. The judge said those arguments brought by Democrats were either premature or should be brought by states instead.

The plaintiffs had argued Trump’s proof-of-citizenship requirement violated the Constitution’s so-called Elections Clause, which gives states and Congress the authority to determine how elections are run.

They also argued that Trump’s order asserts power that he does not have over an independent agency. That agency, the U.S. Election Assistance Commission, sets voluntary voting system guidelines and maintains the federal voter registration form.

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Trump asks supreme court to halt ruling ordering the rehiring of federal workers

Legal Insight 2025/03/25 06:21   Bookmark and Share
The Trump administration asked the Supreme Court on Monday to halt a ruling ordering the rehiring of thousands of federal workers let go in mass firings aimed at dramatically downsizing the federal government.

The emergency appeal argues that the judge can’t force the executive branch to rehire more than 16,000 probationary employees. The California-based judge found the firings didn’t follow federal law, and he ordered reinstatement offers be sent as a lawsuit plays out.

The appeal also calls on the conservative-majority court to rein in the growing number of federal judges who have slowed President Donald Trump’s sweeping agenda.

“Only this Court can end the interbranch power grab,” the appeal stated.

The nation’s federal court system has become ground zero for pushback to Trump with the Republican-led Congress largely supportive or silent, and judges have ruled against Trump’s administration more than three dozen times after finding violations of federal law.

The rulings run the gamut from birthright citizenship changes to federal spending to transgender rights.

Trump’s unparalleled flurry of executive orders seems destined for several dates at a Supreme Court that he helped shape with three appointees during his first term, but so far the majority on the nine-member court has taken relatively small steps in two cases that have reached it.

The latest order appealed to the high court was one of two handed down the same day. While acknowledging the president can lay off employees, two judges found separate legal problems with the way the Republican administration’s firings of probationary employees were carried out.

U.S. District Judge William Alsup in San Francisco ruled that the terminations were improperly directed by the Office of Personnel Management and its acting director. He ordered rehiring at six agencies: the departments of Veterans Affairs, Agriculture, Defense, Energy, the Interior and the Treasury.

His order came in a lawsuit filed by a coalition of labor unions and nonprofit organizations that argued they’d be affected by the reduced manpower.

Alsup, who was appointed by Democratic President Bill Clinton, expressed frustration with what he called the government’s attempt to sidestep laws and regulations by firing probationary workers with fewer legal protections.

He said he was appalled that employees were told they were being fired for poor performance despite receiving glowing evaluations just months earlier.

Attorney Norm Eisen, one of the attorneys representing the plaintiffs, vowed to defend the order. “Our coalition remains committed to ensuring that justice prevails for every affected probationary worker,” he said.

The federal government, on the other hand, said the sweeping order requiring the employees to be rehired goes beyond the judge’s legal authority. The plaintiffs never had legal standing to sue and did not prove that the Office of Personnel Management wrongly directed the firings, the Justice Department argued on appeal.
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Turkish court orders key Erdogan rival jailed pending trial on corruption charges

Legal Insight 2025/03/21 06:21   Bookmark and Share
A court formally arrested the mayor of Istanbul, a key rival to President Recep Tayyip Erdogan, on Sunday and ordered him jailed pending the outcome of a trial on corruption charges.

Mayor Ekrem Imamoglu was detained following a raid on his residence earlier this week, sparking the largest wave of street demonstrations in Turkey in more than a decade. It also deepened concerns over democracy and rule of law in Turkey.

His imprisonment is widely regarded as a political move to remove a major contender from the next presidential race, currently scheduled for 2028. Government officials reject the accusations and insist that Turkey’s courts operate independently.

The prosecutor’s office said the court decided to jail Imamoglu on suspicion of running a criminal organization, accepting bribes, extortion, illegally recording personal data and bid-rigging. A request for him to be imprisoned on terror-related charges was rejected although he still faces prosecution. Following the court’s ruling, Imamoglu was transferred to Silivri prison, west of Istanbul.

The Interior Ministry later announced that Imamoglu had been suspended from duty as a “temporary measure.” The municipality had previously appointed an acting mayor from its governing council.

Alongside Imamoglu, 47 other people were also jailed pending trial, including a key aide and two district mayors from Istanbul, one of whom was replaced with a government appointee. A further 44 suspects were released under judicial control.

Interior Minister Ali Yerlikaya said Sunday that 323 people were detained the previous evening over disturbances at protests.

Largely peaceful protests across Turkey have seen hundreds of thousands come out in support of Imamoglu. However, there has been some violence, with police deploying water cannons, tear gas, pepper spray and firing plastic pellets at protesters in Istanbul, Ankara and Izmir, some of whom hurled stones, fireworks and other missiles at riot police.

The formal arrest came as more than 1.5 million members of the opposition Republican People’s Party, or CHP, began holding a primary presidential election to endorse Imamoglu, the sole candidate.

The party has also set up symbolic ballot boxes nationwide to allow people who are not party members to express their support for the mayor. Large crowds gathered early Sunday to cast a “solidarity ballot.”

“This is no longer just a problem of the Republican People’s Party, but a problem of Turkish democracy,” Fusun Erben, 69, said at a polling station in Istanbul’s Kadikoy district. “We do not accept our rights being so easily usurped. We will fight until the end.”

Speaking at a polling station in Bodrum, western Turkey, engineer Mehmet Dayanc, 38, said he feared that “in the end we’ll be like Russia, a country without an opposition, where only a single man participates in elections.”

In a message posted on social media, Imamoglu called on people to show “their struggle for democracy and justice to the entire world” at the ballot box. He warned Erdogan that he would be defeated by “our righteousness, our courage, our humility, our smiling face.”

“Honestly, we are embarrassed in the name of our legal system,” Ankara Mayor Mansur Yavas, a fellow member of Imamoglu’s CHP, told reporters after casting his vote, criticizing the lack of confidentiality in the proceedings.

CHP leader Ozgur Ozel said Imamoglu’s imprisonment was reminiscent of “Italian mafia methods.” Speaking at Istanbul City Hall, he added: “Imamoglu is on the one hand in prison and on the other hand on the way to the presidency.”

The Council of Europe, which focuses on promoting human rights and democracy, slammed the decision and demanded Imamoglu’s immediate release.

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Trump signs order designating English as the official language of the US

Legal Insight 2025/03/02 06:05   Bookmark and Share
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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A federal judge temporarily blocks Trump’s executive order

Legal Insight 2025/01/27 17:54   Bookmark and Share
A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order.

The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday.

The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.”

Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds.

Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional.

“I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added.

Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect.

The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.”

“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said.

The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.

The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship.

Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law.

“Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?”

Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.

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