Trump flexes executive power with unprecedented flouting of lower court rulings

Ethics

When a federal judge shot down a Trump administration policy of holding immigrants without bond last December, it seemed like a serious blow to the president's mass deportation effort.

Instead, a top Justice Department official insisted the ruling wasn't binding, and the administration continued denying detainees around the country a chance for release.

By February, the district court judge, Sunshine Sykes, was fed up. Sykes, a nominee of President Joe Biden, accused Trump officials in a ruling that month of seeking "to erode any semblance of separation of powers," adding that they could "only do so in a world where the Constitution does not exist."

Hardly isolated, the case illustrates a broader pattern of defiance of lower court decisions in President Donald Trump's second term.

The failure of Trump officials to follow court orders has been highlighted most notably in individual immigration cases. But a review of hundreds of pages of court records by The Associated Press also shows an extraordinary record of violations in lawsuits over policy changes and other moves.

In the second Trump administration's first 15 months in office, district court judges ruled it was violating an order in at least 31 lawsuits over a wide range of issues, including mass layoffs, deportations, spending cuts and immigration practices, the AP's review of court records found. That's about one out of every eight lawsuits in which courts have at least temporarily blocked the administration's actions.

The Republican administration's power struggle with federal courts — which is testing basic tenets of U.S. democracy — reflects an expansive view of executive authority that has also challenged the independence of federal agencies, a president's ethical obligations, and the U.S.'s role in the international order.

The violations in the 31 lawsuits are in addition to more than 250 instances of noncompliance judges have recently highlighted in individual immigration petitions — from failing to return property to keeping immigrants locked up past court-ordered release dates.

Legal scholars and former federal judges said they could recall at most a few violations of court rulings over the full four-year terms of other recent presidential administrations, including Trump's first time in office. They also noted previous administrations were generally apologetic when confronted by judges; the Trump administration's Justice Department has been outright combative in some cases.

"What the court system is experiencing in the last year and a half is just qualitatively completely different from anything that's preceded it," said Ryan Goodman, a law professor at New York University who studies federal courts and is tracking litigation against the Trump administration.

Though Trump officials eventually backed down in about a third of the 31 lawsuits, legal experts say their treatment of court orders poses serious dangers.

"The federal government should be the institution most devoted to the rule of law in this country," said David Super, a constitutional law scholar at Georgetown University. "When it ceases to feel itself bound, respect for the rule of law is likely to break down across the country."

The White House's aggressive policy moves have prompted a barrage of lawsuits — more than 700 and counting.

In October, U.S. District Judge William Smith took little time to conclude Homeland Security officials were flouting one of his orders. Smith, a nominee of George W. Bush, had blocked them from making billions of dollars in disaster relief funding to states contingent on cooperation with the president's immigration priorities.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.