{"id":120547,"date":"2025-11-20T11:00:30","date_gmt":"2025-11-20T16:00:30","guid":{"rendered":"https:\/\/www.justsecurity.org\/?p=120547"},"modified":"2025-11-20T12:01:56","modified_gmt":"2025-11-20T17:01:56","slug":"presumption-regularity-trump-administration-litigation","status":"publish","type":"post","link":"https:\/\/www.justsecurity.org\/120547\/presumption-regularity-trump-administration-litigation\/","title":{"rendered":"The \u201cPresumption of Regularity\u201d in Trump Administration Litigation"},"content":{"rendered":"

This study on the “presumption of regularity” was initially published on Sept. 15, 2025, first updated on Oct. 15, and most recently updated on Nov. 20. See notations at the very end for recent changes. This study was featured on 60 Minutes<\/a><\/em>.<\/p>\n

<\/a><\/a><\/a>Table of Contents<\/h2>\n

Introduction<\/a><\/p>\n

Chapter 1. Court Concerns of Noncompliance with Judicial Orders<\/a><\/strong><\/p>\n

Introduction<\/a><\/p>\n

1. \u201cBad faith\u201d conduct and \u201cgleeful\u201d boasts culminate in \u201cwillful\u201d disobedience and probable cause for criminal contempt<\/a><\/p>\n

2-a. Post-Supreme Court reporting orders met with non-answers and failures to comply<\/a><\/p>\n

2-b. Expedited discovery ordered \u201cin the face of ongoing refusal to comply,\u201d with possible contempt proceedings reserved pending the record<\/a><\/p>\n

2-c. \u201cWillful and bad faith refusal\u201d to comply with expedited discovery obligations, with DOJ \u201ccounsel stubbornly refus[ing] to provide any basis for\u201d \u201cnon-particularized\u201d privilege claims<\/a><\/p>\n

2-d. Return from El Salvador achieved, but \u201cno appetite\u201d to restore \u201cstatus quo ante,\u201d with \u201cdefiance and foot-dragging\u201d warranting further relief<\/a><\/p>\n

2-e. Government \u201cnot so subtly spurns\u201d court orders; \u201crespect \u2026 must be reciprocated,\u201d or \u201canarchy would result\u201d<\/a><\/p>\n

3. Government took actions that \u201chardly appeared to comply with the TRO Order and raised some concern about the general presumption by courts \u2018that executive officials will act in good faith.\u2019\u201d<\/a><\/p>\n

4. \u201cClearly hasn\u2019t complied\u201d with court order, culminating in a looming contempt finding<\/a><\/p>\n

5. \u201cNo choice but to find that they were in violation;\u201d \u201cflagrant violation.\u201d<\/a><\/p>\n

6. After weeks of having to \u201cwrangle the Government into compliance,\u201d judge noted an apparent \u201cblatant disregard\u201d of the court\u2019s order.<\/a><\/p>\n

7. \u201cDressing their RIF in new clothes, and that they are thumbing their nose at both this Court and the Court of Appeals.\u201d<\/a><\/p>\n

8. Finding of noncompliance with a federal court order; FEMA\u2019s \u201ccovert\u201d rebranding of an indefinite freeze<\/a><\/p>\n

9. Agencies \u201cactions violate the Preliminary Injunction.\u201d<\/a><\/p>\n

10. Government action \u201cviolated this Court\u2019s order staying Petitioner\u2019s removal\u201d<\/a><\/p>\n

11. Government counsel \u201cmake no attempt to offer any justification for their blatant lack of effort to comply;\u201d and unrebutted claim that the government created a sui generis document as a \u201ccontrivance\u201d to avert court ruling<\/a><\/p>\n

12. \u201cNo dispute Defendants are in breach\u201d of court-approved settlement agreement, court also references \u201cDefendants\u2019 delay in curing that breach and complying with the Court\u2019s June 10, 2025 Order.\u201d<\/a><\/p>\n

13. \u201c[I]t appears that OMB sought to overcome a judicially imposed obstacle without actually ceasing the challenged conduct. The court can think of few things more disingenuous.\u201d<\/a><\/p>\n

14. Defendants \u201chave not complied with the \u2026 TRO,\u201d efforts to \u201cevade [the preliminary injunction\u2019s] terms through post-hoc explanations.\u201d<\/a><\/p>\n

15. \u201cManifestly unreasonable\u201d and \u201ccontrived\u201d reading of injunction, \u201cborder[ing] on violating Federal Rule of Civil Procedure 11(b)\u201d and \u201cdeserving of \u2026 reprimands\u201d<\/a><\/p>\n

16. Government at \u201crisk [of] being held in contempt\u201d for disregard of discovery orders, and later \u201cfailed to comply\u201d with submitting declaration.<\/a><\/p>\n

17. Federalizing California and Texas Guard to Portland constituted \u201cdirect contravention\u201d and \u201capparent violation of the First TRO;\u201d judge \u201cdeeply troubled\u201d and \u201cnot inclined\u201d to accept excuses; no contempt finding but the court \u201cretains jurisdiction\u201d<\/a><\/p>\n

18. HHS termination letters to employees that \u201cdo not comply\u201d with the preliminary injunction.<\/a><\/p>\n

19. ICE \u201cunequivocally ceased compliance\u201d with 2022 court-ordered Casta\u00f1on Nava settlement agreement, committing \u201crepeated, material violations;\u201d and parties agreed government conduct was \u201cviolation of the terms of the Consent Decree\u201d<\/a><\/p>\n

20. Government \u201cha[s] done precisely what the Memorandum and Order forbids;\u201d \u201cnot a good faith effort to comply\u201d<\/a><\/p>\n

21. \u201c[P]rofoundly concerned\u201d order on use of force in Chicago protests not being followed<\/a><\/p>\n

22. DHS \u201cdo not seem to have considered\u201d the Court\u2019s \u201cprior rulings\u201d in the TPS-termination case, leading to an \u201cadmonish[ment]\u201d for re-asserting already-rejected privileges and for \u201cglaring[ly]\u201d \u201cfail[ing] to make\u201d the previously required showings.<\/a><\/p>\n

23. Two DOJ prosecutors in Abrego Garcia criminal case \u201cside-stepped\u201d the court\u2019s notify-your-client directive on extrajudicial statements<\/a><\/p>\n

24. USDA \u201cundermined both the intent and the effectiveness\u201d of two orders on November SNAP payments; judge was \u201cnot inclined to excuse this noncompliance\u201d<\/a><\/p>\n

25. USDA\u2019s Nov. 8 SNAP payment letter was \u201ccarefully crafted to feign compliance with\u201d TRO<\/a><\/p>\n

26. \u201cNumerous, consistent declarations\u201d of ICE noncompliance with TRO on attorney access for immigration raid detainees held in Los Angeles\u2019 \u201cB-18\u201d basement<\/a><\/p>\n

Chapter 2. Court Distrust of Government Information and Representations<\/a><\/strong><\/p>\n

Introduction<\/a><\/p>\n

A. General<\/a><\/p>\n

1-a. \u201cObscur[ing] from the Court\u201d and \u201crefusing to provide any helpful information\u201d while \u201crapidly dispatching removal flights\u201d<\/a><\/p>\n

1-b. \u201c[M]indful of the possibility \u2026 that the Government has adopted and presented its arrangement with El Salvador as a \u2018ruse \u2014 and a fraud on the court\u2019\u201d<\/a><\/p>\n

2. Placing attorney on leave for his compliance with \u201cthe duty of candor to the court\u201d<\/a><\/p>\n

3. Providing \u201chighly misleading, if not intentionally false\u201d sworn declaration to the court; \u201cso disingenuous that the Court is left with little confidence that the defense can be trusted to tell the truth about anything\u201d<\/a><\/p>\n

4. \u201cDefendants\u2019 plea for a presumption of good faith rings hollow when their own actions contradict their representations.\u201d<\/a><\/p>\n

5. Providing false sworn declarations about \u201chotly contested\u201d material fact; \u201cThe Court was given false information, upon which it relied, twice, to the detriment of a party at risk of serious and irreparable harm.\u201d<\/a><\/p>\n

6. Providing the court with \u201cthe sorriest statement I\u2019ve ever seen;\u201d \u201cThis is a terrible, terrible affidavit. If this were before me in a criminal case and you were asking to get a warrant issue on this, I\u2019d throw you out of my chambers.\u201d<\/a><\/p>\n

7. \u201cThis Court takes clear offense to Respondents wasting judicial resources to admit to the Court it has no evidence;\u201d \u201ccontradict[ing] themselves throughout the entire record;\u201d providing \u201cshoddy affidavits and contradictory testimony.\u201d<\/a><\/p>\n

8-a. Solicitor General providing inaccurate information to the U.S. Supreme Court<\/a><\/p>\n

8-b. Government submitted “underinclusive” RIF figures in response to the court’s order; three declarations claiming months of background work on potential RIF plans were deemed contrary to the “factual record”<\/a><\/p>\n

9. \u201cFlip-flopping\u2014in sworn declarations\u2014rais[ing] severe concern,\u201d \u201cconsistently refused to give \u2026 the full story,\u201d providing \u201ccagey answers,\u201d \u201comitting key information,\u201d and \u201crepeated[ ] represent[ations]\u201d that \u201cstrain credulity.\u201d<\/a><\/p>\n

10. \u201cThe \u2018administrative record\u2019 submitted by the government is a sham. It does not facilitate judicial review: It frustrates it;\u201d judge calls out government for \u201clie\u201d in termination letters, and for DOJ preventing testimony because \u201cafraid \u2026 would reveal the truth\u201d<\/a><\/p>\n

11-a. Military experts\u2019 summaries \u201ccherry-picked,\u201d \u201cmischaracterized,\u201d and \u201cmisrepresented\u201d multiple studies to support the military\u2019s transgender ban: one summary was \u201cinexplicably misleading,\u201d another not drawn \u201cin good faith\u201d<\/a><\/p>\n

11-b. DOJ counsel in transgender military ban warned for treating the judge \u201clike\u2026 an idiot\u201d and attempting to \u201cgasli[ght]\u201d her<\/a><\/p>\n

12. Providing false and incomplete information concerning DOGE\u2019s leadership and authorities<\/a><\/p>\n

13. Failing to \u201cto offer any explanation, let alone one supported by the record;\u201d court saying \u201ccan\u2019t get a straight answer from you\u201d<\/a><\/p>\n

14. DOJ bid to seal the entire criminal case raised concerns of pretext; \u201cHigh deference is out; trust, but verify is in.\u201d<\/a><\/p>\n

15. Mischaracterizing the content of sealed grand jury documents in court filings<\/a><\/p>\n

16. Making \u201cpatently incredible\u201d claims; Government \u201cswitching arguments at will,\u201d a \u201ctotally inconsistent\u201d case; and Government witness \u201cknows nothing \u2026 less than nothing\u201d<\/a><\/p>\n

17. Providing an \u201cexplanation [that] is riddled with inconsistencies\u201d<\/a><\/p>\n

18. Making representation that \u201cdoes not reflect the level of diligence the Court expects from any litigant\u2014let alone the United States Department of Justice;\u201d \u201cThe contradiction between [Government\u2019s] factual representations and the facts on the ground is particularly striking.\u201d<\/a><\/p>\n

19. Unrebutted claim that the government created a record as a \u201ccontrivance\u201d to avert court ruling<\/a><\/p>\n

20. Offering an \u201cofficial justification \u2026 [that] is not plausible\u201d<\/a><\/p>\n

21. Admission of making a false statement to the court<\/a><\/p>\n

22. ICE mask testimony deemed \u201cdisingenuous\u201d<\/a><\/p>\n

23. ICE statistics \u201cconcealed more than they disclosed, despite the availability \u2026 of much more illuminating data\u201d and \u201cgives no confidence that the defendants are seriously interested in making a full disclosure\u201d<\/a><\/p>\n

24-a. President\u2019s determination to federalize National Guard to Portland \u201csimply untethered to the facts\u201d and not \u201cconceived in good faith\u201d<\/a><\/p>\n

24-b. Key federal testimony supporting federalization of the National Guard to Portland found \u201cinconsistent,\u201d \u201cspeculative,\u201d \u201cnot \u2026 reliable,\u201d \u201cinternally inconsistent,\u201d and not credible, permanent injunction concludes<\/a><\/p>\n

25. The \u201cperceptions\u201d of three government declarants \u201care not reliable,\u201d and their declarations contain \u201cunreliable information\u201d that reflects \u201ca potential lack of candor\u201d and \u201ccall[s] into question their ability to accurately assess the facts\u201d<\/a><\/p>\n

26. Affidavit supporting criminal complaint told a \u201clargely fictional\u201d story of the stop, including \u201cblatant misstatements;\u201d AUSA conceded the affidavit \u201cmisrepresented what was going on;\u201d<\/a><\/p>\n

27. DHS\/ICE \u201cinaccurately describ[ing] the facts,\u201d advancing a \u201cdecidedly incorrect\u201d account of events, and \u201c\u2018incorrectly describ[ing] the procedural posture of the case\u2019\u201d in immigration detention habeas case<\/a><\/p>\n

28. \u201cCourt does not credit\u201d ICE official\u2019s \u201cassertion\u201d of \u00a7 1225(b)(2)(A) detention because it is \u201ccontradicted by the Notice of Custody Determination.\u201d<\/a><\/p>\n

29. \u201cCourt cannot credit\u201d DHS\/ICE\u2019s post-hoc \u201cnew position \u2026 raised for the first time in this litigation\u201d asserting \u00a7 1225(b) immigration detention, given \u201cthe record is devoid of any reference to \u00a7 1225\u201d and \u201cindisputable\u201d evidence of \u00a7 1226 treatment<\/a><\/p>\n

30. \u201cCourt cannot credit\u201d DHS\/ICE\u2019s post-hoc claim that immigration detention fell under \u00a7 1225(b)(2)(A), \u201cdespite clear indication\u201d the detention was not under that statute<\/a><\/p>\n

31. \u201cCourt cannot credit\u201d DHS\/ICE\u2019s post-hoc \u201cnew position\u201d reclassifying immigration detention under \u00a7 1225(b)(2)(A) \u201cdespite clear indication\u201d the custody did not arise under that statute.<\/a><\/p>\n

32. ICE Deputy Field Director declaration \u201ccontradicted pretty thoroughly\u201d by migrants<\/a><\/p>\n

33. DOT\u2019s \u201cnakedly misleading characterization\u201d of immigration-enforcement grant conditions<\/a><\/p>\n

34. CBP Commander \u201cadmitted that he lied;\u201d CBP\/ICE\/DHS portrayal of Chicago unrest lacked credibility, \u201cbelie[d]\u201d by own evidence; \u201cOverall, this calls into question everything that defendants say they are doing\u201d<\/a><\/p>\n

35. USDA\u2019s assertion it could do \u201cnothing more\u201d to act \u201cexpeditiously\u201d on November SNAP benefits \u201ccarries no weight\u201d<\/a><\/p>\n

36. USDA\u2019s Nov. 8 SNAP letter calling States\u2019 actions \u201cunauthorized\u201d was \u201cuntethered to the factual record\u201d and government \u201cconceded” notice was \u201cerroneous on its face\u201d<\/a><\/p>\n

37-a. Judge skeptical of DOJ counsel\u2019s and AG Bondi\u2019s claimed \u201cratif[ication]\u201d of interim U.S. attorney Lindsey Halligan in the James Comey prosecution amid missing transcript pages<\/a><\/p>\n

37-b. \u201cUnusual series of events\u201d involving two inconsistent Comey indictments and prosecutor Lindsey Halligan\u2019s role \u201ccall into question the presumption of regularity generally associated with grand jury proceedings\u201d<\/a><\/p>\n

B. Pretext and Retaliatory Motives<\/a><\/p>\n

38. Providing pretext for motion to dismiss indictment<\/a><\/p>\n

39. \u201cThe Court will not apply any presumption of regularity to conduct that is so unusual and therefore irregular on its face.\u201d Preliminary injunction granted where the government was found to be pursuing \u201can unconstitutional course of retaliatory conduct directed at Harvard.\u201d<\/a><\/p>\n

40. Executive Order terminating collective bargaining rights for federal workers enjoined as retaliatory, with court finding the presumption of regularity \u201chas no application\u201d<\/a><\/p>\n

41. Executive Order targeting Jenner & Block LLP found unconstitutional<\/a><\/p>\n

42. Executive Order targeting WilmerHale found unconstitutional<\/a><\/p>\n

43. Preliminary injunction issued against section of EO terminating Treasury employees\u2019 collective bargaining rights<\/a><\/p>\n

44. Executive Order targeting Susman Godfrey LLP found unconstitutional<\/a><\/p>\n

45. Preliminary injunction issued against section of EO terminating Department of State and USAID employees\u2019 collective bargaining rights<\/a><\/p>\n

46. Executive Order targeting Perkins Coie LLP found unconstitutional<\/a><\/p>\n

47. Preliminary injunction granted where DOJ appeared to have terminated grants to ABA with retaliatory motive<\/a><\/p>\n

48. Preliminary injunction issued where DHS appeared to have acted to punish AFGE and its members, constituting \u201cimpermissible retaliation\u201d<\/a><\/p>\n

49. Executive Order\u2019s broad exclusions from collective bargaining rights for federal workers found retaliatory and pretextual, rebutting presumption of regularity<\/a><\/p>\n

50. Preliminary injunction issued where FTC investigation of Media Matters deemed retaliatory for criticism of Musk\u2019s X.<\/a><\/p>\n

51. Funding freeze targeting Harvard ruled retaliatory and pretextual<\/a><\/p>\n

52. Prosecution of Kilmar Abrego Garcia found \u201cpresumptively vindictive\u201d<\/a><\/p>\n

53. \u201cPreordained\u201d and \u201cpretextual;\u201d Venezuela TPS vacatur with \u201centirely baseless\u201d rationale<\/a><\/p>\n

54. Transgender military ban \u201clittered\u201d and \u201cdripping\u201d with pretext and \u201cbear no relation to fact\u201d<\/a><\/p>\n

55. DHS offered pretextual reasons for TPS termination for Nepal, Honduras, and Nicaragua<\/a><\/p>\n

56. HHS \u201cinvented\u201d two pretexts to support new grant conditions stripping gender-identity content from PREP\/SRAE<\/a><\/p>\n

57. DOJ\u2019s subpoena of gender affirming care provider \u201cpretextual;\u201d DOJ \u201cabandoned good faith investigation\u201d<\/a><\/p>\n

58. OMB\u2019s actions during the government shutdown found \u201cretaliatory and partisan\u201d<\/a><\/p>\n

59. Denial of November SNAP benefits \u201centirely \u2018pretextual;\u2019\u201d an example of \u201cunjustifiable partisanship\u201d<\/a><\/p>\n

60. Habeas Cases<\/a><\/p>\n

Chapter 3. Court Findings of \u201cArbitrary and Capricious\u201d Administrative Action<\/a><\/strong><\/p>\n

Introduction<\/a><\/p>\n

1. Judge Loren L. AliKhan (Biden appointee), National Council of Nonprofits v. Office of Management and Budget<\/em>, 1:25-cv-00239 (D.D.C.)<\/a><\/p>\n

2. Judge John D. Bates (Bush appointee), Doctors for America v. Office of Personnel Management<\/em>, 1:25-cv-00322 (D.D.C.)<\/a><\/p>\n

3. Judge Amir Ali (Biden appointee), AIDS Vaccine Advocacy Coalition v. United States Department of State<\/em>, 1:25-cv-00400 (D.D.C.)<\/a><\/p>\n

4. Judge Jeannette A. Vargas (Biden appointee), State of New York v. Trump<\/em>, 1:25-cv-01144 (S.D.N.Y.)<\/a><\/p>\n

5. Judge William Haskell Alsup (Clinton appointee), American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Charles Ezell<\/em>, 3:25-cv-01780 (N.D. Cal.)<\/a><\/p>\n

6. Judge Jamal N. Whitehead (Biden appointee), Pacito v. Trump<\/em>, 2:25-cv-00255 (W.D. Wash.)<\/a><\/p>\n

7. Judge Angel Kelley (Biden appointee), Commonwealth of Massachusetts v. National Institutes of Health<\/em>, 1:25-cv-10338 (D. Mass.) consolidated with Association of American Medical Colleges v. National Institutes of Health, 1:25-cv-10340 (D. Mass.) and Association of American Universities, et al. v. Department of Health and Human Services, 1:25-cv-10346 (D. Mass.)<\/a><\/p>\n

8. Judge John James McConnell, Jr. (Obama appointee), State of New York v. Trump<\/em>, 1:25-cv-00039 (D.R.I.)<\/a><\/p>\n

9. Judge Julie R. Rubin (Biden appointee), American Association of Colleges for Teacher Education v. Carter<\/em>, 1:25-cv-00702 (D. Md.)<\/a><\/p>\n

10. Judge Ellen Lipton Hollander (Obama appointee), American Federation of State, County and Municipal Employees, AFL-CIO v. Social Security Administration<\/em>, 1:25-cv-00596 (D. Md.)<\/a><\/p>\n

11. Judge Edward M. Chen (Obama appointee), National TPS Alliance v. Noem<\/em>, 3:25-cv-01766 (N.D. Cal.)<\/a><\/p>\n

12. Judge Mary Susan McElroy (Trump appointee), State of Colorado v. U.S. Department of Health and Human Services<\/em>, 1:25-cv-00121 (D.R.I.)<\/a><\/p>\n

13. Judge Mary Susan McElroy (Trump appointee), Woonasquatucket River Watershed Council v. Department of Agriculture<\/em>, 1:25-cv-00097 (D.R.I.)<\/a><\/p>\n

14. Judge Tanya Sue Chutkan (Obama appointee), Climate United Fund v. Citibank<\/em> , 1:24-cv-00698 (D.D.C.) (and consolidated cases)<\/a><\/p>\n

15. Judge Deborah L. Boardman (Biden appointee), State of Maryland v. Corporation for National and Community Service<\/em>, 1:25-cv-01363 (D. Md.)<\/a><\/p>\n

16. Judge Royce C. Lamberth (Reagan appointee), Abramowitz v. Lake<\/em>, 1:25-cv-00887 (D.D.C.) and Widakuswara v. Lake<\/em>, 1:25-cv-01015 (D.D.C.) (related cases)<\/a><\/p>\n

17. Judge William Horsley Orrick III (Obama appointee), City and County of San Francisco v. Donald J. Trump<\/em>, 3:25-cv-01350 (N.D. Cal.)<\/a><\/p>\n

18. Judge Royce C. Lamberth (Reagan appointee), Radio Free Asia v. United States<\/em>, 1:25-cv-00907 (D.D.C.) and Middle East Broadcasting Networks v. United States<\/em>, 1:25-cv-00966 (D.D.C.) (consolidated cases)<\/a><\/p>\n

19. Judge Victoria Calvert (Biden appointee), Jane Doe 1 v. Bondi<\/em>, 1:25-cv-01998 (N.D. Ga.)<\/a><\/p>\n

20. Judge Jeffrey S. White (Bush appointee), Doe v. Trump<\/em>, 4:25-cv-03140 (N.D. Cal.) (and related cases)<\/a><\/p>\n

21. Judge John J. McConnell, Jr. (Obama appointee), State of Rhode Island v. Trump<\/em>, 1:25-cv-00128 (D.R.I.)<\/a><\/p>\n

22. Judge Allison Dale Burroughs (Obama appointee), Association of American Universities v. Department of Energy<\/em>, 1:25-cv-10912 (D. Mass.)<\/a><\/p>\n

23. Judge Paul L. Friedman (Clinton appointee), Southern Education Foundation v. United States Department of Education<\/em>, 1:25-cv-01079 (D.D.C.)<\/a><\/p>\n

24. Judge Myong J. Joun (Biden appointee), State of New York v. McMahon<\/em>, 1:25-cv-10601 (D. Mass) and Somerville Public Schools v. Trump<\/em>, 1:25-cv-10677 (D. Mass.) (consolidated cases)<\/a><\/p>\n

25. Judge Leo Theordore Sorokin (Obama appointee), Schiff v. U.S. Office of Personnel Management<\/em>, 1:25-cv-10595 (D. Mass.)<\/a><\/p>\n

26. Judge Lewis J. Liman (Trump appointee), Metropolitan Transportation Authority v. Duffy<\/em>, 1:25-cv-01413 (S.D.N.Y.)<\/a><\/p>\n

27. Judge Marsha J. Pechman (Clinton appointee) American Federation of Government Employees AFL-CIO v. Noem<\/em>, 2:25-cv-00451 (W.D. Wa.)<\/a><\/p>\n

28. Judge Royce C. Lamberth (Reagan appointee), Kingdom v. Trump<\/em>, 1:25-cv-00691 (D.D.C.)<\/a><\/p>\n

29. Judge Dabney L. Friedrich (Trump appointee), Angelica S. v. Dept of Health and Human Services<\/em>, 1:25-cv-01405 (D.D.C.)<\/a><\/p>\n

30. Judge Denise Cote (Clinton appointee), American Federation of Government Employees v. Office of Personnel Management<\/em>, 1:25-cv-01237 (S.D.N.Y)<\/a><\/p>\n

31. Judge John J. McConnell, Jr. (Obama appointee), State of California v. United States Department of Transportation<\/em>, 1:25-cv-00208 (D.R.I.)<\/a><\/p>\n

32. Judge Myong J. Joun (Biden appointee),\u00a0Victim Rights Law Center v. United States Department of Education<\/em>, 1:25-cv-11042 (D. Mass.)<\/a><\/p>\n

33. Judge Edward Milton Chen (Obama appointee), San Francisco Unified School District v. AmeriCorps, a.k.a. the Corporation for National and Community Service<\/em>, 3:25-cv-02425 (N.D. Cal.)<\/a><\/p>\n

34. Judge Indira Talwani (Obama appointee), Association of American Universities v. National Science Foundation<\/em>, 1:25-cv-11231 (D. Mass.)<\/a><\/p>\n

35. Judge Royce C. Lamberth (Reagan appointee), Open Technology Fund v. Kari Lake<\/em>, 1:25-cv-00840 (D.D.C.)<\/a><\/p>\n

36. Judge Leon Schydlower (Biden appointee), Valuta Corporation, Inc. v. Financial Crimes Enforcement Network<\/em>, 3:25-cv-00191 (W.D. Tex.)<\/a><\/p>\n

37. Judge Tana Lin (Biden appointee), State of Washington v. Dept. of Transport<\/em>, 2:25-cv-00848 (W.D. Wash.)<\/a><\/p>\n

38. Judge Melissa R. Dubose (Biden appointee), State of New York v. Kennedy<\/em>, 1:25-cv-00196 (D.R.I.)<\/a><\/p>\n

39. Judge Brian E. Murphy (Biden appointee), Association of American Universities v. Department of Defense<\/em>, 1:25-cv-11740 (D. Mass.)<\/a><\/p>\n

40. Judge Royce C. Lamberth (Reagan appointee), RFE\/RL, Inc. v. Lake<\/em>, 1:25-cv-00799 (D.D.C.)<\/a><\/p>\n

41. Judge Amir H. Ali (Biden appointee), American Gateways v. U.S. Department for Justice<\/em>, 1:25-cv-01370 (D.D.C.)<\/a><\/p>\n

42. Judge Dabney Langhorne Friedrich (Trump appointee), Cabrera v. Department of Labor<\/em>, 1:25-cv-01909 (D.D.C.)<\/a><\/p>\n

43. Judge Trina L. Thompson, National TPS Alliance v. Noem<\/em>, 3:25-cv-05687 (N.D. Cal.)<\/a><\/p>\n

44. Judge Jia M. Cobb (Biden appointee), Coalition for Humane Immigrant Rights v. Noem<\/em>, 1:25-cv-00872 (D.D.C.)<\/a><\/p>\n

45. Judge G. Murray Snow (Bush appointee), Launch Alaska v. Department of Navy, Office of Naval Research<\/em>, 3:25-cv-00141 (D. Ala.)<\/a><\/p>\n

46. Judge Michael H. Simon (Obama appointee), Oregon Council for the Humanities v. United States DOGE Service<\/em>, 3:25-cv-00829 (D. Or.)<\/a><\/p>\n

47. Judge William E. Smith (Bush appointee), Rhode Island Coalition Against Domestic Violence v. Bondi<\/em>, 1:25-cv-00279 (D.R.I.)<\/a><\/p>\n

48. Judge Dabney L. Friedrich (Trump appointee), National Endowment for Democracy v. United States<\/em>, 1:25-cv-00648 (D.D.C.)<\/a><\/p>\n

49. Judge Barbara Jacobs Rothstein (Carter appointee), King County v. Turner<\/em>, 2:25-cv-00814 (W.D. Wash.)<\/a><\/p>\n

50. Judge Stephanie A. Gallagher (Trump appointee), American Federation of Teachers v. U.S. Department of Education<\/em>, 1:25-cv-00628 (D. Md.)<\/a><\/p>\n

51. Judge Rita F. Lin (Biden appointee), Thakur v. Trump<\/em>, 3:25-cv-04737 (N.D. Cal.)<\/a><\/p>\n

52. Judge Kathleen Mary Williams (Obama Appointee), Friends of the Everglades, Inc. v. Noem<\/em>, 1:25-cv-22896 (S.D. Fla.)<\/a><\/p>\n

53. Judge Brendan Abell Hurson (Biden appointee), City of Columbus v. Robert F. Kennedy, Jr.<\/em>, 1:25-cv-02114 (D. Md.)<\/a><\/p>\n

54. Judge Allison Dale Burroughs (Obama appointee), President and Fellows of Harvard College v. US Department of Health and Human Services<\/em>, 1:25-cv-11048 (D. Mass.) and American Association of University Professors – Harvard Faculty Chapter v. United States Department Of Justice<\/em>, 1:25-cv-10910 (D. Mass.) (related cases)<\/a><\/p>\n

55. Judge William E. Smith (W. Bush appointee), Rhode Island Latino Arts v. National Endowment for the Arts<\/em>, 1:25-cv-00079 (D.R.I.)<\/a><\/p>\n

56. Judge Royce C. Lamberth (Reagan appointee), Revolution Wind, LLC v. Burgum,\u00a0<\/em>1:25-cv-02999 (D.D.C.)<\/a><\/p>\n

57. Judge William E. Smith (Bush appointee), State of Illinois. v. Federal Emergency Management Agency<\/em>, 1:25-cv-00206 (D.R.I.)<\/a><\/p>\n

58. Judge William G. Young (Reagan appointee), American Association of University Professors v. Rubio<\/em>, 1:25-cv-10685 (D. Mass.)<\/a><\/p>\n

59. Judge Ann Aiken (Clinton appointee), State of Washington v. Health and Human Services<\/em>, 6:25-cv-01748 (D. Or.)<\/a><\/p>\n

60. Judge Kymberly K. Evanson (Biden appointee), State of Washington v. United States Department of Education<\/em>, 2:25-cv-01228 (W.D. Wash.)<\/a><\/p>\n

61. Judge Susan Illston (Clinton appointee), American Federation of Government Employees, AFL-CIO v. Trump<\/em>, 3:25-cv-03698 (N.D. Cal.) and American Federation of Government Employees, AFL CIO v. United States Office of Management and Budget<\/em>, 3:25-cv-08302 (N.D. Cal.) (related cases)<\/a><\/p>\n

62. Chief Judge John J. McConnell, Jr. (Obama appointee), Rhode Island State Council of Churches v. Rollins<\/em>, 1:25-cv-00569 (D.R.I.)<\/a><\/p>\n

63. Judge Lewis A. Kaplan (Clinton appointee), State of New York v. Noem<\/em>, 1:25-cv-08106 (S.D.N.Y.)<\/a><\/p>\n

64. Judge James E. Simmons, Jr. (Biden appointee), Rios v. Noem<\/em>, 3:25-cv-02866 (S.D. Cal.)<\/a><\/p>\n

65. Judge Indira Talwani (Obama appointee), Commonwealth of Massachusetts v. United States Department of Agriculture<\/em>, 1:25-cv-13165 (D. Mass.)<\/a><\/p>\n

66. Judge Jon S. Tigar (Obama appointee), Housing Authority of the County of San Diego v. Turner<\/em>, 4:25-cv-08859 (N.D. Cal.)<\/a><\/p>\n

67. Judge Eric Komitee (Trump appointee), A.C.R. v. Noem<\/em>, 1:25-cv-03962 (E.D.N.Y)<\/a><\/p>\n

68. Judge Katherine Polk Failla (Obama appointee), Doe\u00a0v. Noem<\/em>, 1:25-cv-08686 (S.D.N.Y)<\/a><\/p>\n

<\/a><\/a>Introduction<\/h1>\n

The \u201cpresumption of regularity\u201d is a judicially created doctrine with a long<\/a> and contested<\/a> history. The doctrine affords the executive branch a distinctive advantage not enjoyed by private litigants.[1]<\/sup><\/a> It generally instructs courts to presume, unless there is clear evidence to the contrary, that executive officials have \u201cproperly discharged their official duties\u201d<\/a> and that government agencies have acted with procedural regularity and with bona fide, non-pretextual reasons. In practice, the presumption can preclude discovery, limit review of the facts, and truncate cases. It can constrict (or even end) civil suits challenging government action and curb criminal defendants\u2019 ability to claim vindictive or selective<\/a> prosecution, and more.<\/p>\n

Over the decades, the scope and weight of the presumption has fluctuated<\/a>. In the face of extraordinary executive misconduct or malfeasance, courts may choose (explicitly or implicitly) to narrow its scope, reduce its weight, or even potentially deem the presumption more generally forfeited, as the Trump administration is beginning to learn. Indeed, Judge Paul L. Friedman cautioned in an August 2025 opinion<\/a>:<\/p>\n

\n

\u201cGenerations of presidential administrations and public officials have validated this underlying premise of the presumption of regularity: their actions writ large have raised little question that they act \u2018in obedience to [their] duty.\u2019 Over the last six months, however, courts have seen instance after instance of departures from this tradition. … In just six months, the President of the United States may have forfeited the right to such a presumption of regularity<\/strong>.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

The Supreme Court itself showed the limits of the presumption during the first Trump administration upon learning that the Commerce Department had \u201ccontrived\u201d a false rationale for reinstating the citizenship question in the national census. In Department of Commerce v. New York<\/em><\/a>, Chief Justice John Roberts wrote, \u201c[W]e cannot ignore the disconnect between the decision made and the explanation given. Our review is deferential, but we are \u2018not required to exhibit a naivet\u00e9 from which ordinary citizens are free.\u2019\u201d That move was to the chagrin of Justice Clarence Thomas, who argued that the majority had given \u201clipservice\u201d to the principle that \u201ccourts reviewing agency action owe the Executive a \u2018presumption of regularity.\u2019\u201d We document three categories of executive branch conduct since Jan. 20, 2025 that, in Judge Friedman\u2019s words, showed to courts \u201cinstance after instance of departures from this tradition\u201d of public officials acting \u201cin obedience to [their] duty.\u201d The three categories are:<\/p>\n

\n

1. Courts\u2019 concerns over noncompliance with judicial orders (26 cases)
\n2. Courts\u2019 distrust of government information and representations (over 60 cases)
\n3. Courts\u2019 findings of \u201carbitrary and capricious\u201d administrative action (68 cases)<\/p>\n<\/div>\n

On this record, we believe more federal judges will rightfully conclude that the administration has forfeited the full protections of the presumption.<\/p>\n

Indeed, Judge Friedman is not alone in his observations. Denying a government bid to indefinitely seal a judicial order, Magistrate Judge Zia M. Faruqui<\/a> recently responded to the government\u2019s request for deference in sharp terms. Recounting a list of concerns across different cases in the federal courts and aberrant behavior by the Justice Department, the judge wrote: \u201cBlind deference to the government? That is no longer a thing. Trust that had been earned over generations has been lost in weeks.<\/strong> … These norms being broken must have consequences. High deference is out; trust, but verify is in\u201d (emphasis added). Other judges have raised similar concerns about the viability of the presumption in the cases before them. At a July hearing in the Abrego Garcia case, Judge Paula Xinis<\/a> told government counsel, \u201cYou have taken the presumption of regularity and you\u2019ve destroyed it in my view.\u201d In litigation over the administration\u2019s efforts to dismantle the Consumer Financial Protection Bureau, Judge Amy Berman Jackson<\/a> wrote, \u201cthe Court is left with little confidence that the defense can be trusted to tell the truth about anything.\u201d Concerning an executive order against a law firm, Judge Beryl A. Howell<\/a> wrote that the government\u2019s noncompliance with a temporary restraining order \u201craised some concern about the general presumption by courts \u2018that executive officials will act in good faith.\u2019\u201d And when reviewing the rescission of government funds to small businesses and nonprofits, Judge Loren L. AliKhan<\/a> wrote, \u201cDefendants\u2019 plea for a presumption of good faith rings hollow when their own actions contradict their representations.\u201d<\/p>\n

Before turning to the three categories of executive conduct, we should mention three methodological notes about our research:<\/p>\n

1. Our account includes only government conduct that has come to the courts\u2019 direct attention. We do not include internal executive branch actions that may also suggest the administration has undercut the premise for applying the presumption. We considered including those as well, but we focus here instead on what the courts themselves have found. Nor did we want to reinvent the wheel: a separate Tracker<\/a> comprehensively documents internal administrative changes that have undermined the executive branch\u2019s capacity to identify and address official misconduct and systemic irregularities.<\/p>\n

2. The three categories above do not capture all of the judiciary\u2019s expressed concerns about the administration\u2019s conduct; the record is even more overwhelming than the cases cataloged below. For example, we exclude judges\u2019 concerns about Department of Justice conduct involving prosecutorial decisions that do not fit our three categories. In a September hearing, for instance, Judge Faruqui\u2014a former federal prosecutor\u2014criticized<\/a> the government\u2019s motion to dismiss charges against a defendant after a grand jury\u2019s refusal to indict. In an accompanying order<\/a>, the court questioned whether the U.S. Attorney\u2019s Office for D.C. was still following the DOJ Manual on when to initiate a prosecution, \u201c[g]iven that there have been an unprecedented number of cases that the U.S. Attorney dismissed in the past ten days.\u201d The court added<\/a>, \u201cIt\u2019s not fair to say they\u2019re losing credibility. We\u2019re past that now. \u2026 There\u2019s no credibility left.\u201d<\/p>\n

3. We take no position on the presumption\u2019s proper scope in ordinary circumstances. The documented cases below are not intended to indicate when we think courts should apply the presumption. Well before the Trump administration, the metes and bounds of the presumption were unsettled, and its pedigree was ripe for being questioned. Some scholars<\/a> trace the presumption back to the 1926 Supreme Court decision of United States v. Chemical Foundation<\/em><\/a>, where the Justices presumed that a State Department official acted with knowledge of material facts when selling patents seized under the Trading with the Enemy Act. Paradoxically, the application of the presumption in that case worked against the Coolidge administration, which had sought to invalidate the sale as \u201cinduced by misrepresentation.\u201d What\u2019s more, the Court did not explain why it was appropriate to presume the regularity of a process the government itself said was irregular.<\/p>\n

Other scholars<\/a> and courts<\/a> trace the presumption further back to Martin v. Mott<\/em><\/a>. In that 1827 case, the Supreme Court accorded deference to the president\u2019s determination that an \u201cinvasion\u201d existed in calling the New York militia into federal service during the War of 1812. If the presumption belongs to that lineage of judicial deference, our study has broader implications. However, we have reason to doubt the two forms of deference \u2013 the one in Mott<\/em> and the one in Chemical Foundation<\/em> \u2013 are doctrinally equivalent.<\/p>\n

In other words, we do not attempt to resolve how far back to trace the doctrine\u2019s origins, the doctrine\u2019s appropriate scope, or whether it has seeped into judicial decisions in underexamined or unwarranted ways. Such an analysis would need to contend, among other things, with the logical foundations of the doctrine and to which types of government actions those foundations are applicable as well as whether a president should enjoy a presumption that his or her subordinates do not.<\/p>\n

* * *<\/strong><\/p>\n

In sum, the presumption of regularity \u201ccredits to the executive branch certain facts about what happened and why and, in doing so, narrows judicial scrutiny and widens executive discretion over decisionmaking processes and outcomes,\u201d as an influential Harvard Law Review Note<\/a> explained. But the maintenance of the presumption rests on certain foundations, and those foundations have been eroded by the Trump administration, especially the Justice Department, in the following three ways.<\/p>\n

<\/a><\/a>Chapter 1. Court Concerns of Noncompliance with Judicial Orders<\/h1>\n

<\/a><\/a>Introduction<\/h2>\n

According to a foundational Supreme Court judgment, the presumption of regularity assumes<\/a> that executive officials have \u201cproperly discharged their official duties<\/strong>.\u201d In a landmark D.C. Circuit decision<\/a> this meant, \u201cWe [the Court] cannot allow a breach of the presumption of regularity by an unwarranted assumption that the President was indifferent to the purposes and requirements of the [statute], or acted deliberately in contravention of them<\/strong>\u201d (emphasis added). Insofar as the presumption rests on such considerations \u2013 i.e., that the Executive is \u201cfollowing the rules\u201d<\/a> \u2013 then the cardinal duty of complying with court orders is a potential test case.<\/p>\n

The executive branch\u2019s flagrant noncompliance with court orders may, and indeed has already<\/a>, undermined judicial support for the presumption. In this Chapter, we document 26 cases in which courts have found the Executive in noncompliance with judicial orders\u2014ranging from willful disobedience and rebranding of enjoined conduct to flagrantly slow-walking compliance, missing or ignoring court-imposed deadlines, and refusing to provide court-ordered information\u2014often prompting show-cause orders and contempt warnings.<\/p>\n

<\/a><\/a>1. \u201cBad faith\u201d conduct and \u201cgleeful\u201d boasts culminate in \u201cwillful\u201d disobedience and probable cause for criminal contempt<\/h2>\n

Chief Judge James E. Boasberg (W. Bush appointee; Obama appointee), J.G.G. v. Trump<\/em><\/a>, 1:25-cv-00766 (D.D.C.)<\/p>\n

This class action challenged the Trump administration\u2019s mid-March removals of Venezuelan detainees to El Salvador under the claimed authority of the Alien Enemies Act.<\/p>\n

Following his Mar. 15 temporary restraining orders barring transfers to El Salvador and requiring the return of flights that had not deboarded in El Salvador, at an Apr. 3 show-cause hearing, Judge Boasberg said<\/a> there was \u201ca fair likelihood \u2026 the government acted in bad faith throughout that day,\u201d questioning how officials could have \u201cever \u2026 operated in the way [they] did\u201d if they believed their conduct lawful.<\/p>\n

In his Apr. 16 memorandum opinion<\/a>, Judge Boasberg formally found probable cause of criminal contempt, holding that the administration \u201cwillfully disobeyed a binding judicial decree.\u201d He described a pattern of \u201cincreasing obstructionism\u201d and an effort to \u201coutrun the equitable reach of the Judiciary\u201d by launching removal flights even during a hearing. He wrote that officials had \u201cdeliberately flouted this Court\u2019s written Order and, separately, its oral command,\u201d conduct amounting to \u201cdeliberate or reckless disregard\u201d and a \u201cwillful disregard\u201d of binding orders. The opinion also pointed to \u201cboasts\u201d by government officials outside the courtroom, such as Secretary of State Marco Rubio\u2019s repost<\/a> of El Salvador President Bukele\u2019s mocking post, \u201cOopsie\u2026 Too late \ud83d\ude02,\u201d as evidence that defiance was \u201cdeliberate[ ] and gleeful[ ].\u201d Emphasizing that the government had \u201cample opportunity to rectify or explain\u201d but instead \u201cchose to press ahead,\u201d the court concluded there was probable cause for criminal contempt.<\/p>\n

Update 1 (Nov. 20, 2025)<\/u><\/strong>:<\/p>\n

After an Aug. 8 divided<\/a> D.C. Circuit panel granted the government\u2019s mandamus petition and vacated Judge Boasberg\u2019s Apr. 16 contempt order, the full D.C. Circuit on Nov. 14 denied<\/a> rehearing en banc<\/em>. Several judges, however, wrote separately criticizing the panel\u2019s grant of mandamus and stressing that the ruling carries no precedential effect. In total, six of the court\u2019s eleven judges (three dissenting and three writing separately while concurring in the result) suggested that they believe the panel majority erred, while also emphasizing that nothing in the panel\u2019s order prevents Judge Boasberg from renewing his efforts to identify the responsible officials and determining whether to pursue criminal contempt. (See further commentary on the rehearing denial and its implications here<\/a>.)<\/p>\n

On Nov. 17, Judge Boasberg ordered<\/a> the parties to be prepared \u201cto discuss next steps in this Court\u2019s contempt inquiry\u201d at a Nov. 19 hearing already scheduled on the plaintiffs\u2019 motions for a preliminary injunction and class-certification. During the Nov. 19 hearing, Judge Boasberg reportedly <\/span>said<\/span><\/a> he will move \u201cpromptly\u201d with his contempt inquiry and that he intends to hear from witnesses under oath including whistleblower and former DOJ attorney Erez Reuveni, as well as from Deputy Assistant Attorney General Drew Ensign\u2014who represented DOJ at the Mar. 15 TRO hearing\u2014during proceedings that could <\/span>begin<\/span><\/a> as early as Dec. 1. The court <\/span>stated<\/span><\/a>, \u201cJustice requires me to move promptly on this.\u201d<\/span><\/p>\n

<\/a><\/a>2-a. Post-Supreme Court reporting orders met with non-answers and failures to comply<\/h2>\n

Judge Paula Xinis (Obama appointee), Abrego Garcia v. Noem<\/em><\/a>, 8:25-cv-00951 (D. Md.)<\/p>\n

This case involves the government\u2019s admission that the administration unlawfully sent Kilmar Armando Abrego Garcia to El Salvador despite an immigration court order prohibiting removal to that country.<\/p>\n

On Apr. 10, the Supreme Court affirmed<\/a> Judge Xinis\u2019 preliminary injunction<\/a> to \u201c\u2018facilitate\u2019 Abrego Garcia\u2019s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.\u201d The Justices also wrote that the government \u201cshould be prepared to share what it can concerning the steps it has taken and the prospect of further steps.\u201d<\/p>\n

That same day, Judge Xinis first ordered<\/a> the government to report by 9:30 a.m. on Apr. 11 what steps it was taking to secure Garcia\u2019s return. DOJ responded<\/a> that the deadline was \u201cimpracticable\u201d and sought until Apr. 15. Rejecting that position, Xinis wrote<\/a> that the claim DOJ needed days to review a four-page order \u201cblinks at reality\u201d and reset the deadline to 11:30 a.m. DOJ again refused, stating<\/a> it was \u201cnot in a position where they \u2018can\u2019 share any information requested by the Court. That is the reality.\u201d At an Apr. 11 status conference<\/a>, DOJ counsel admitted he lacked \u201cpersonal knowledge of steps taken to comply,\u201d could not answer the \u201cvery simple question \u2026 where is he?,\u201d and offered no description of concrete steps. Judge Xinis replied that this suggested counsel had \u201cno full and effective contact with your client,\u201d which was \u201cjust not adding up.\u201d In a written order<\/a> later that day, Judge Xinis found DOJ had \u201cfailed to comply<\/strong>\u201d with her instructions and would not answer \u201cstraightforward questions\u201d (emphasis added).<\/p>\n

<\/a><\/a>2-b. Expedited discovery ordered \u201cin the face of ongoing refusal to comply,\u201d with possible contempt proceedings reserved pending the record<\/h2>\n

<\/a>Judge Paula Xinis (Obama appointee), Abrego Garcia v. Noem<\/em><\/a>, 8:25-cv-00951 (D. Md.)<\/p>\n

The case involved the government\u2019s admission that the administration unlawfully sent Kilmar Armando Abrego Garcia to El Salvador despite an immigration court order prohibiting removal to that country.<\/p>\n

At the Apr. 15 status conference, Judge Xinis explained she would not initiate contempt proceedings without a fuller record, stating<\/a>: \u201cI\u2019m not going to issue a show cause today for contempt findings,\u201d but any contempt finding<\/a> \u201cwill be based on the record before me.\u201d She ordered<\/a> expedited discovery \u201cto determine whether you are abiding by the court order \u2026 whether you intend to abide \u2026 And if not, is it in bad faith?\u201d She also underscored<\/a> the lack of concrete action: \u201cI\u2019ve gotten nothing. I\u2019ve gotten no real response, nor have I gotten any legitimate legal justification for not answering,\u201d and<\/a> \u201cwhat the record shows is nothing has been done. Nothing.\u201d She added<\/a>, \u201cI just don\u2019t think it\u2019s that difficult. I think you want to make it that difficult.\u201d That same day, Judge Xinis wrote<\/a> that \u201cDefendants \u2026 have done nothing at all;\u201d she rejected efforts to \u201cskirt this issue by redefining \u2018facilitate;\u2019\u201d and found a \u201cuniform refusal to disclose \u2018what it can\u2019\u201d along with a \u201crepeated refusal to provide even the most basic information.\u201d She concluded. \u201cDefendants have not yet complied with this Court\u2019s directives\u201d<\/strong> and ordered expedited discovery\u2014depositions of ICE, DHS, and State officials and document production by month\u2019s end.<\/p>\n

On the same day, the court ordered\u00a0<\/a>expedited discovery. Judge Xinis wrote: [1] \u201cDefendants therefore remain obligated, at a minimum, to take the steps available to them toward aiding, assisting, or making easier Abrego Garcia\u2019s release from custody in El Salvador and resuming his status quo ante. But\u00a0the record reflects that Defendants have done nothing at all<\/strong>\u201d (emphasis added). [2] \u201cSecond, and more fundamentally, Defendants appear to have done nothing to aid in Abrego Garcia\u2019s release from custody and return to the United States to \u2018ensure that his case is handled as it would have been\u2019 but for Defendants\u2019 wrongful expulsion of him. Abrego Garcia, 604 U.S.\u2014 , slip op. at 2. Thus, Defendants\u2019 attempt to skirt this issue by redefining \u2018facilitate\u2019 runs contrary to law and logic<\/strong>\u201d (emphasis added). [3] \u201c[T]he discovery is necessary in light of Defendants\u2019 uniform refusal to disclose \u2018what it can\u2019 regarding their facilitation of Abrego Garcia\u2019s release and return to the status quo ante, or present any legal justification for what they cannot disclose\u201d and \u201cin the face of ongoing refusal to comply<\/strong>\u201d (emphasis added).<\/p>\n

<\/a>2-c. \u201cWillful and bad faith refusal\u201d to comply with expedited discovery obligations, with DOJ \u201ccounsel stubbornly refus[ing] to provide any basis for\u201d \u201cnon-particularized\u201d privilege claims<\/h2>\n

<\/a>Judge Paula Xinis (Obama appointee), Abrego Garcia v. Noem<\/em><\/a>, 8:25-cv-00951 (D. Md.)<\/p>\n

The case involved the government\u2019s admission that the administration unlawfully sent Kilmar Armando Abrego Garcia to El Salvador despite an immigration court order prohibiting removal to that country.<\/p>\n

On Apr. 22, addressing DOJ\u2019s objections to discovery, Judge Xinis wrote<\/a> that its position\u00a0\u201creflects a willful and bad faith refusal to comply with discovery obligations\u201d<\/strong> (emphasis added). She found that \u201cDefendants and counsel stubbornly refuse to provide any<\/em> basis for\u201d their privilege claims\u2014which she said were being used \u201cas a shield to obstruct discovery and evade compliance with this Court\u2019s orders\u201d<\/strong>\u2014and that they relied on \u201cboilerplate, non-particularized objections\u201d which the court deemed \u201cpresumptively invalid\u201d and \u201creflect a willful refusal to comply.\u201d Their refusal to identify all individuals involved in Garcia\u2019s removal and detention, she added, \u201creflects a deliberate evasion of their fundamental discovery obligations\u201d and \u201ccan only be viewed as willful and intentional noncompliance<\/strong>\u201d (emphasis added).<\/p>\n

On May 7, the court ordered<\/a> the government to file a privilege log by May 12. On May 13, Judge Xinis noted<\/a> that \u201cevidently missing from Defendants\u2019 filing is a privilege log,\u201d directed the government to cure the “deficiency,\u201d and warned that continued failure \u201cwill be construed as an intentional refusal to comply with this Court\u2019s orders.\u201d During the May 16 hearing on discovery motions, Judge Xinis underscored<\/a> that \u201cthis Court has found more than once that you haven\u2019t complied, and you haven\u2019t in bad faith,\u201d adding<\/a>, \u201cThe whole reason we\u2019re here is because I’ve said repeatedly you\u2019ve done nothing, and now you tell the world you\u2019re not going to do anything.\u201d She further remarked<\/a> that the court-ordered depositions from key officials had yielded a \u201cgoose egg.\u201d<\/p>\n

<\/a>2-d. Return from El Salvador achieved, but \u201cno appetite\u201d to restore \u201cstatus quo ante,\u201d with \u201cdefiance and foot-dragging\u201d warranting further relief<\/h2>\n

Judge Paula Xinis (Obama appointee), Abrego Garcia v. Noem<\/em><\/a>, 8:25-cv-00951 (D. Md.)<\/p>\n

This case involves the government\u2019s admission that the administration unlawfully sent Kilmar Armando Abrego Garcia to El Salvador despite an immigration court order prohibiting removal to that country.<\/p>\n

Despite Garcia\u2019s Jun. 6 return to the United States, during a Jul. 7 hearing, Judge Xinis refused<\/a> to grant the government\u2019s motion to dismiss the case, pressed<\/a> DOJ about whether the indictment and return were used to facilitate compliance with her injunction, and highlighted<\/a> unresolved production gaps (including the missing arrest warrant) and incomplete<\/a> compliance with her orders. In a Jul. 23 order<\/a> granting emergency relief to require Garcia\u2019s return to Maryland pending further proceedings, she noted that, over the prior three months, the government had \u201cdisregarded court orders,\u201d displayed \u201cdefiance and foot-dragging,\u201d and a \u201cpersistent lack of transparency,\u201d warranting further injunctive relief. She found that, despite the first part of her April 4 preliminary injunction<\/a> (to facilitate Garcia\u2019s release from El Salvador) having been met, the government had shown<\/a> \u201cno appetite\u201d to fulfill the second part of the injunction\u2014\u201cto restore Abrego Garcia to the status quo ante.\u201d Garcia remained in U.S. Marshals\u2019 custody in Tennessee with an ICE detainer, and the court \u201cshared Plaintiffs\u2019 ongoing concern\u201d that, \u201cabsent meaningful safeguards,\u201d he could be removed again \u201cwithout having restored him to the status quo ante.\u201d Judge Xinis maintained that she would \u201cnot hesitate to revisit\u201d broader relief \u201cif Defendants fail to comply with this Order or otherwise attempt to remove Abrego Garcia \u2026 without due process.\u201d<\/p>\n

<\/a><\/a>2-e. Government \u201cnot so subtly spurns\u201d court orders; \u201crespect \u2026 must be reciprocated,\u201d or \u201canarchy would result\u201d<\/h2>\n

Judge Stephanie Thacker (Obama appointee), Judge Robert King (Clinton appointee), Judge J. Harvie Wilkinson III (Reagan appointee), Abrego Garcia v. Noem<\/em><\/a>, 25-1404 (4th Cir.)<\/p>\n

Appeal from the district court\u2019s Apr. 10 order directing the government to \u201ctake all available steps to facilitate\u201d Abrego Garcia\u2019s return and to report on steps taken.<\/p>\n

On Apr. 17, the Fourth Circuit (Wilkinson, joined by King & Thacker) denied<\/a> the government\u2019s emergency stay and mandamus, stressing that \u201c\u2018facilitate\u2019 is an active verb\u201d and that the word\u2019s \u201cplain and active meaning \u2026 cannot be diluted\u201d as the government urged. Judge Wilkinson wrote that \u201c\u2018[f]acilitation\u2019 does not permit the admittedly erroneous deportation \u2026 in disregard of a court order that the government not so subtly spurns.\u201d It warned that \u201cif today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens \u2026 ?\u201d Emphasizing comity, the Judge Wilkinson added:<\/p>\n

\n

\u201cThe respect that courts must accord the Executive must be reciprocated by the Executive\u2019s respect for the courts. Too often today this has not been the case, as calls for impeachment of judges for decisions the Executive disfavors and exhortations to disregard court orders sadly illustrate.\u201d\u00a0<\/strong>(emphasis added).<\/p>\n<\/blockquote>\n

Recalling President Eisenhower\u2019s example\u2014his insistence that the Executive must support and ensure enforcement of federal court decisions\u2014Judge Wilkinson quoted: \u201cunless the President did so, anarchy would result.\u201d<\/p>\n

<\/a><\/a>3. Government took actions that \u201chardly appeared to comply with the TRO Order and raised some concern about the general presumption by courts \u2018that executive officials will act in good faith.\u2019\u201d<\/h2>\n

Judge Beryl A. Howell (Obama appointee), Perkins Coie LLP v. U.S. Department of Justice<\/em><\/a>, 1:25-cv-00716 (D.D.C.)<\/p>\n

Challenge to Executive Order 14230 directing federal agencies to take actions against Perkins Coie, including terminating government contracts, denying members of the firm access to federal employees, and suspending employees\u2019 security clearances.<\/p>\n

In an Apr. 25 memorandum and order<\/a>, inter alia<\/em>, granting leave to amend the complaint, Judge Howell addressed two compliance problems with her Mar. 12 temporary restraining order<\/a> (TRO). First, the government\u2019s March 18 status report<\/a> showed agencies were told to suspend EO 14230 \u00a7\u00a71, 3, and 5, but were not directed to notify \u201cevery recipient\u201d that disclosure requests under \u00a73(a) were rescinded\u2014leaving requests by agencies beyond the seven named defendants \u201cin place notwithstanding the Court\u2019s explicit TRO direction to all defendants\u2014which included the United States, as defined in the Complaint.\u201d As Judge Howell put it<\/a>:<\/p>\n

\n

\u201c[T]he government has already raised the specter that the current configuration of named defendants\u2026 may lead to \u2026 those agencies not named as defendants [to] claim to be free to ignore it. \u2026. This scenario \u2026 would open the door to a game of judicial whack-a-mole<\/strong>, requiring \u2026 contested contempt proceedings against non-compliant agencies. \u2026 This is not the first instance in this case that has raised the potential specter of noncompliance, which has only crystallized the seriousness of the issues raised<\/strong>. \u2026 Luckily, forewarned is forearmed.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

Second, the government\u2019s March 20 status report<\/a> attached a Bondi\/Vought memorandum<\/a> that added an extra two-sentence paragraph repeating the EO\u2019s \u201cdishonest and dangerous\u201d accusation\u2014language whose \u201cimplementation and use of which had specifically been enjoined by the TRO<\/strong>.\u201d Judge Howell wrote<\/a>:<\/p>\n

\n

\u201cThis intentional additional promulgation of derogatory statements about plaintiff across all the Executive branch agencies hardly appeared to comply with the TRO Order\u00a0<\/strong>and raised some concern about the general presumption by courts \u2018that executive officials will act in good faith<\/strong>.\u2019 \u2026 As government\u2019s counsel reluctantly conceded \u2026 the extra paragraph \u2026. went \u2018beyond the minimum required\u2019 for compliance with the Court\u2019s order\u00a0<\/strong>clarifying the scope of the TRO.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a><\/a>4. \u201cClearly hasn\u2019t complied\u201d with court order, culminating in a looming contempt finding<\/h2>\n

Judge Royce C. Lamberth (Reagan appointee), Abramowitz v. Lake<\/em><\/a>, 1:25-cv-00887 (D.D.C.) and Widakuswara v. Lake<\/em><\/a>, 1:25-cv-01015 (D.D.C.) (related cases)<\/p>\n

These related cases challenged the Trump administration\u2019s attempt to dismantle the U.S. Agency for Global Media (USAGM) and shut down Voice of America (VOA) and its grantee networks pursuant to Executive Order 14238<\/a>, which eliminated agency functions and ordered personnel reductions.<\/p>\n

Following an Apr. 22 preliminary injunction<\/a>, Judge Lamberth repeatedly found government failures to comply with his orders to restore VOA programming, giving defendants multiple opportunities across June to August to show good-faith compliance. At a Jun. 23 hearing<\/a>, he \u201cexpressed \u2026 dissatisfaction with the lack of concrete evidence regarding VOA\u2019s current operations or future plans,\u201d and two further rounds of supplemental briefing remained conclusory and non-responsive. On Jul. 30, Judge Lamberth granted<\/a> the plaintiffs\u2019 motion<\/a> to show cause why the government was not in violation of court orders, finding the government had \u201cconsistently refused to give the Court the full story,\u201d provided \u201cmisleading and contradictory information,\u201d and even omitted from its filings the \u201cmonumental\u201d decision to remove Michael Abramowitz as VOA Director. At an Aug. 25 hearing, the court concluded<\/a> that USAGM acting CEO Kari Lake \u201cclearly hasn\u2019t complied with my order,\u201d was \u201cstonewall[ing]\u201d the Court, and was \u201con the verge of contempt.\u201d That same day, the court gave<\/a> the government \u201cone final opportunity\u201d and ordered depositions of Lake, USAGM adviser Frank Wuco, and VOA\u2019s Persian broadcasts director by Sept. 15.<\/p>\n

Update 1 (Oct. 15, 2025)<\/u><\/strong>:<\/p>\n

After the Aug. 25 hearing\u2014and before the court-ordered depositions\u2014the government pressed<\/a> ahead with its reduction in force (RIF) plans. Defendants notified unions \u201cimmediately following\u201d the hearing of an impending RIF; on Aug. 28, President Trump issued an executive order stripping USAGM employees of collective-bargaining rights; on Aug. 29, USAGM terminated the AFGE\/AFSCME collective-bargaining agreements (which required 60 days\u2019 notice for a RIF); and that evening, USAGM sent RIF notices to more than 500 employees effective Sept. 30.<\/p>\n

In response, on Sept. 8, plaintiffs filed a joint motion<\/a> to enforce prong (3) of the PI and preserve the status quo<\/em> by barring the RIF pending Judge Lamberth\u2019s compliance determination. On Sept. 29, after depositions had taken place, Judge Lamberth heard the motion to enforce and later that day issued a memorandum order<\/a>. While deferring his ruling pending another round of briefing, he suspended the announced RIFs in the meantime and delivered sharp criticism of the government\u2019s \u201cconcerning disrespect [it has] shown toward the Court\u2019s orders,\u201d including \u201cobfuscat[ing]\u201d requests for information that \u201cdisregard for [the court\u2019s] orders to produce information would more than support a trial on civil contempt<\/strong>\u201d (emphasis added). He added: \u201c[F]ollowing the ordered depositions \u2026 the Court no longer harbors any doubt that defendants lack a plan to comply with the preliminary injunction<\/strong>, and instead have been running out the clock on the fiscal year\u201d (emphasis added). Although declining to pursue contempt sua sponte<\/em>, Judge Lamberth stressed that this \u201cshould not be mistaken for lenience toward the defendants\u2019 egregious erstwhile conduct<\/strong>\u201d (emphasis added).<\/p>\n

<\/a><\/a>5. \u201cNo choice but to find that they were in violation;\u201d \u201cflagrant violation.\u201d<\/h2>\n

Judge Brian E. Murphy (Biden appointee), D.V.D. v. U.S. Department of Homeland Security<\/em><\/a>, 1:25-cv-10676, (D. Mass.)<\/p>\n

This case involved, inter alia<\/em>, the removal of O.C.G., a Guatemalan national, to Mexico allegedly without a \u201cmeaningful opportunity\u201d to raise a fear-of-torture claim.<\/p>\n

On May 26, Judge Murphy wrote<\/a>, \u201cTwice, well-founded allegations of non-compliance or imminent non-compliance led this Court to amend or clarify the Preliminary Injunction.\u201d First, the court described<\/a> DHS\u2019s attempts in late April to\u00a0\u201cevade this injunction by ceding control over non-citizens or the enforcement of its immigration responsibilities to \u2026 the Department of Defense\u201d\u00a0<\/strong>(emphasis added). Judge Murphy later found<\/a> that DHS \u201crac[ed] to get [eight] class members onto a plane to unstable South Sudan,\u00a0clearly in breach of the law and this Court\u2019s order<\/strong>,\u201d giving him \u201cno choice but to find that they were in violation\u201d<\/strong> of the Apr. 18 preliminary injunction, but<\/a> \u201creserve[ing] ruling on whether such a violation warranted a finding of contempt\u201d (emphasis added). Judge Murphy wrote<\/a> that the government<\/p>\n

\n

\u201cmaintains that ambiguity in the phrase \u2018meaningful opportunity\u2019 precipitated this controversy. Indeed, when the Court issued the Preliminary Injunction, it declined to elaborate on what constitutes a \u2018meaningful opportunity,\u2019 preferring instead to let experience show through hard cases the finer points of what is required under the Due Process Clause. To be clear, this is not one of those hard cases. \u2026 [N]o reasonable interpretation of the Court\u2019s Preliminary Injunction could endorse yesterday\u2019s events.\u201d<\/p>\n<\/blockquote>\n

On May 26, Murphy said<\/a> that it was \u201chard to come to any conclusion other than that Defendants invite lack of clarity as a means of evasion. \u2026 [I]t is hard to take seriously the idea that Defendants intended these individuals to have any real opportunity to make a valid claim.\u201d In fact, Judge Murphy found the government\u2019s conduct amounted to a \u201cflagrant violation\u201d<\/strong> of his injunction (emphasis added).<\/p>\n

On Jun. 23, the Supreme Court\u00a0<\/em>stayed<\/em><\/a>\u00a0the district court\u2019s injunction. On Jul. 3, the Supreme Court issued a\u00a0<\/em>second order<\/em><\/a>\u00a0clarifying that its earlier order fully blocks all components of the district court\u2019s injunction that had prevented the administration from removing immigrants to third countries without an opportunity to present their claims of potential torture.<\/em><\/p>\n

<\/a><\/a>6. After weeks of having to \u201cwrangle the Government into compliance,\u201d judge noted an apparent \u201cblatant disregard\u201d of the court\u2019s order.<\/h2>\n

Judge Mary S. McElroy (Trump appointee), Woonasquatucket River Watershed Council v. Department of Agriculture<\/em><\/a>, 1:25-cv-00097 (D.R.I.)<\/p>\n

This case involves a challenge to the Trump administration\u2019s Executive Order 14154, requiring a pause on funding appropriated through the Inflation Reduction Act of 2022 (IRA) and the Infrastructure Investment and Jobs Act (IIJA)<\/p>\n

On Aug. 8, responding to plaintiffs\u2019 fourth compliance report<\/a> for the Apr. 15 preliminary injunction<\/a>, Judge McElroy noted<\/a> the court and parties \u201chad to have four status conferences over the course of three subsequent weeks to wrangle the Government into compliance<\/strong>\u201d (emphasis added). Despite government assurances<\/a> that HUD had \u201cresumed processing\u201d Green and Resilient Retrofit Program (GRRP) awards \u201cin the ordinary course,\u201d plaintiffs alleged \u201c$760 million \u2026 still inaccessible.\u201d The Court warned<\/a>: \u201cAt risk of understatement, that is serious.<\/strong> If no \u2018Comprehensive\u2019 funding under GRRP has been processed in the nearly four months since the injunction, the Court struggles to see how HUD\u2019s inaction can be construed as anything other than a serious violation of the Court\u2019s order, one that exhibits blatant disregard for it\u201d\u00a0<\/strong>(emphasis added). Directed to \u201cexplain itself,\u201d HUD said<\/a> on Aug. 13 that some GRRP streams had resumed and that \u201cComprehensive\u201d awards awaited a rule amendment moving through clearance. At a status conference<\/a> later that day, Judge McElroy reportedly<\/a> \u201ccalled out the government for appearing to \u2018slow walk\u2019 the release of the money,\u201d and ordered biweekly status reports.<\/p>\n

On Aug. 27, plaintiffs reported<\/a> they had \u201cseen no indication\u201d HUD had resumed processing \u201cComprehensive\u201d awards or made \u201cany concrete progress,\u201d calling the update \u201cfacially insufficient,\u201d offering \u201clittle information\u201d on steps or timing, and leaving \u201clittle basis to conclude that HUD is not slow-walking its compliance.\u201d In a Sept. 10\u00a0status report<\/a>, the plaintiffs stated they \u201cstill have seen no indication that Defendants have resumed processing Comprehensive awards under the GRRP;\u201d and that \u201ca date certain for complete compliance and a clear, comprehensive timeline would aid Plaintiffs and this Court in assuring HUD is not slow-walking its compliance.<\/p>\n

<\/a><\/a>7. \u201cDressing their RIF in new clothes, and that they are thumbing their nose at both this Court and the Court of Appeals.\u201d<\/h2>\n

Judge Amy Berman Jackson (Obama appointee), National Treasury Employees Union v. Vought<\/em><\/a>, 1:25-cv-00381 (D.D.C.)<\/p>\n

The case involved the Trump administration\u2019s en masse removal of federal employees at the Consumer Financial Protection Bureau (CFPB).<\/p>\n

On Mar. 28, Judge Jackson issued<\/a> a preliminary injunction<\/a> stating, in part, that the government (1) \u201cshall not terminate any CFPB employee, except for cause related to the individual employee\u2019s performance or conduct;\u201d and (2) \u201cshall not issue any notice of reduction-in-force [RIF] to any CFPB employee.\u201d<\/p>\n

On Apr. 11, the D.C. Circuit partially stayed<\/a> the preliminary injunction and modified it to permit the termination and RIFs of employees who the government determined after \u201ca particularized assessment, to be unnecessary to the performance of defendants\u2019 statutory duties.\u201d<\/p>\n

Following the DC Circuit ruling, the Consumer Financial Protection Bureau quickly issued RIF notices affecting roughly 80% of its workforce. On Apr. 17, the plaintiffs submitted an emergency motion<\/a> to show cause why the government had not violated the modified preliminary injunction.<\/p>\n

The following day, Judge Jackson noted<\/a> the \u201cscope and speed\u201d of the government\u2019s action, \u201cthe apparent lack of consultation with the heads of the statutorily mandated agency components involved, and the troubling description of the RIF meetings,\u201d at which one meeting Chief Legal Officer Mark Paoletta allegedly said \u201call that mattered was the numbers.\u201d Judge Jackson went on to say she had:<\/p>\n

\n

\u201csignificant grounds for concern that the defendants are not in compliance<\/strong> with its Order<\/strong> as it was refined by the Court of Appeals. While the Chief Legal Counsel has intoned the phrase \u2018particularized assessment,\u2019 there is reason to believe that the defendants simply spent the days immediately following the Circuit\u2019s relaxation of the Order dressing their RIF in new clothes, and that they are thumbing their nose at both this Court and the Court of Appeals<\/strong>.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

While the government appealed<\/a>, the D.C. Circuit on Apr. 28 sua sponte<\/em>reinstated<\/a> the original preliminary injunction\u2019s full ban on RIFs.<\/p>\n

On Aug. 15, a divided D.C. Circuit panel\u00a0<\/em>vacated<\/em><\/a>\u00a0the preliminary injunction on jurisdictional and APA grounds<\/em>.<\/p>\n

<\/a><\/a>8. Finding of noncompliance with a federal court order; FEMA\u2019s \u201ccovert\u201d rebranding of an indefinite freeze<\/h2>\n

Chief Judge John J. McConnell, Jr. (Obama appointee), State of New York v. Trump<\/em><\/a>, 1:25-cv-00039 (D.R.I.)<\/p>\n

This case involves the Trump administration\u2019s indefinite halt on wind energy project approvals and its freeze on FEMA and other federal grant disbursements pursuant to a Jan. 27 Office of Management and Budget directive.<\/p>\n

Following a temporary restraining order<\/a>, the court found<\/a> on Feb. 10 that FEMA had failed to comply with its \u201cclear and unambiguous\u201d order, granting plaintiffs\u2019 motion<\/a> to enforce and holding<\/a> that the government \u201ccontinued to improperly freeze federal funds and refused to resume disbursement of appropriated federal funds\u201d in violation of the TRO\u2019s \u201cplain text.\u201d (The Feb. 10 ruling reportedly marked the first case<\/a> in which the administration was formally found to have failed to comply with a federal court order.) Although a preliminary injunction<\/a> issued on Mar. 6 superseded the TRO and rendered the second enforcement motion<\/a> moot, Judge McConnell stressed<\/a> that the plaintiffs\u2019 \u201cunrebutted\u201d evidence\u2014presented after a full hearing at which the government offered \u201cno answer, no evidence, and no counter to the States\u2019 extensive evidence of still frozen funds\u201d\u2014demonstrated \u201cirreparable and continuing harm\u201d and expressly barred the government from reinstating the freeze \u201cunder a different name or through other means.\u201d On Mar. 24, the plaintiffs again alleged<\/a> ongoing freezes across hundreds of FEMA grant programs, and on Apr. 4 the court granted<\/a> enforcement of its preliminary injunction, finding FEMA\u2019s \u201cmanual review\u201d process \u201cessentially impose[d] an indefinite categorical pause on payments,\u201d and warning that the agency could not \u201ccovertly\u201d reinstate the freeze, ordering full compliance with the \u201cplain text\u201d of the injunction.<\/p>\n

<\/a><\/a>9. Agencies \u201cactions violate the Preliminary Injunction.\u201d<\/h2>\n

Judge Rita F. Lin (Biden appointee), Thakur v. Trump<\/em><\/a>,<\/em> 3:25-cv-04737 (N.D. Cal.)<\/p>\n

This case involves a class action challenging agencies\u2019 en masse<\/em> termination (and later \u201csuspension\u201d) of UC research grants through form letters lacking grant-specific reasons.<\/p>\n

On Aug. 12, Judge Lin determined<\/a> that \u201cNSF\u2019s actions violate the Preliminary Injunction\u201d<\/strong> (emphasis added). The Jun. 23 injunction<\/a> had prohibited the NSF and other agencies from \u201cgiving effect to any grant termination that results in the termination of funding\u201d of members of the class where the termination was communicated by a notice that lacked a \u201cgrant-specific explanation\u201d and consideration of the \u201creliance interests at stake.\u201d Following the injunction, NSF acted<\/a> (through two letters on July 31 and Aug. 1) to purportedly \u201csuspend\u201d hundreds of UCLA grants, stating that the \u201cawards no longer effectuate program goals or agency priorities\u201d and citing campus allegations of \u201crace discrimination,\u201d \u201cantisemitism,\u201d and \u201cbias.\u201d<\/p>\n

Rejecting NSF\u2019s claim that its actions were not barred by the injunction because it suspended, rather than terminated, the grants, Judge Lin held<\/a> the \u201c\u2018suspensions\u2019 were terminations by another name\u201d and amounted to \u201cindefinite, en masse<\/em> funding cuts \u2026 without providing any avenue for the researchers to restore their funding.\u201d She added that her injunction was \u201cnot unclear. It is not necessary for the order to describe every possible label an Agency could use to describe a research grant funding cut.\u201d Judge Lin found that the suspension letters \u201csuffer from the same infirmities as the letters considered in\u201d her initial injunction as they \u201cfail to provide a \u2018grant- specific explanation\u2019 for why the award has been terminated\u201c and \u201c[fail to] provide any grant-specific explanation of NSF\u2019s consideration of the researchers\u2019 reliance interests.\u201d<\/p>\n

Accordingly, the court vacated NSF\u2019s suspensions and ordered NSF to restore the status quo and reinstate the grants.<\/p>\n

Update 1 (Oct. 15, 2025):<\/u> <\/strong><\/p>\n

On Sept. 22, Judge Lin issued<\/a> a second preliminary injunction covering a separate class of researchers whose grants had been terminated, and directed<\/a> defendants to file, by Sept. 29, a status report confirming full compliance or, if not feasible, explaining why and detailing steps taken to date. On Sept. 29, the government reported<\/a> it could not comply before Oct. 10 because reinstating awards is a \u201ccomplicated\u201d process, prompting Judge Lin to direct<\/a> a further update on NIH\u2019s and DoD\u2019s compliance and grant reinstatements by Oct. 10. On Oct. 1, defendants moved<\/a> for a seven-day stay due to anticipated DOJ furloughs during the impending government shutdown; Judge Lin granted<\/a> the motion on Oct. 3, extending the reinstatement deadline to Oct. 17.<\/p>\n

<\/a><\/a>10. Government action \u201cviolated this Court\u2019s order staying Petitioner\u2019s removal\u201d<\/a><\/h2>\n

Judges Richard J. Sullivan (Trump appointee), Alison J. Nathan (Biden appointee) and Maria Ara\u00fajo Kahn (Biden appointee), Melgar-Salmeron v. Bondi<\/em><\/a>, 23-7792 (2d. Cir.)<\/p>\n

This case involves an undocumented immigrant who was removed to El Salvador despite a court order barring his removal.<\/p>\n

On April 17, 2025, the administration moved to expedite Melgar-Salmeron\u2019s deportation case and removal. Petitioner moved for emergency relief and requested the government be enjoined from removing him, which the Second Circuit granted<\/a> on May 7.<\/p>\n

Despite the court order barring his removal, the petitioner was placed on a flight to El Salvador 28 minutes later, which the government stated the following day was due to an administrative error. On May 12, the Second Circuit ordered<\/a> the government to provide details as to the circumstances of his removal. On June 24, the court ruled<\/a> that the government must facilitate the Petitioner\u2019s return from El Salvador as soon as possible. The Court explained that the Government acknowledged that they had transferred the Petitioner, an alleged MS-13 member, to El Slavador on May 7, 2025 in defiance of a court order and despite assurances given to the court due to a \u201ca confluence of administrative errors\u201d in the Government’s words. The government\u2019s action was \u201cimproper because it violated this Court\u2019s order<\/strong> staying Petitioner\u2019s removal from the United States during the pendency of this matter before this Court,\u201d the panel wrote.<\/p>\n

<\/a>11. Government counsel \u201cmake no attempt to offer any justification for their blatant lack of effort to comply;\u201d and unrebutted claim that the government created a sui generis document as a \u201ccontrivance\u201d to avert court ruling<\/h2>\n

Judge Stephanie A. Gallagher (Trump appointee) J.O.P. v. DHS<\/em><\/a>, 8:19-cv-01944-SA (D. Md.)<\/p>\n

Chief Judge Roger L. Gregory (Clinton recess appointee; W. Bush appointee) and Judge DeAndrea Gist Benjamin (Biden appointee), No. 25-1519<\/a> (Fourth Circuit)<\/p>\n

This case involves an individual deported to El Salvador in alleged violation of a judicially-enforced agreement that prohibited unaccompanied minors\u2019 removal from the United States prior to the final determination of their asylum claims.<\/p>\n

On Apr. 23, Judge Gallagher ordered<\/a> the government to facilitate the return to the United States of \u201cCristian,\u201d a pseudonymous member of the class covered by the agreement who had been deported to El Salvador. At the time, Judge Gallagher wrote that \u201cDefendants have provided no evidence, or even any specific allegations, as to how Cristian, or any other Class Member, poses a threat to public safety.\u201d On May 1, the United States Customs and Immigration Service (USCIS) produced an \u201cIndicative Asylum Decision\u201d asserting that, \u201cif Cristian were returned to the United States, it would deny his asylum application based on (1) terrorist-related inadmissibility grounds . . . and (2) as a matter of discretion.\u201d The Department of Justice presented the document to the court as demonstrating an \u201cadjudication on the merits\u201d that was the \u201cprecise relief\u201d Cristian sought.<\/p>\n

In a May 19 order<\/a> denying the government\u2019s motion for a stay of Gallagher\u2019s order pending appeal, the Fourth Circuit noted that \u201cthe Indicative Asylum Decision\u2014created five days after the district court\u2019s facilitation order was issued\u2014was not an authentic change in factual circumstances. Cristian contends that neither \u2018USCIS regulation, policy, [n]or practice\u2019 provides for \u2018Indicative Asylum Decisions,\u2019\u201d and that the decision was \u201ca \u2018litigation-driven\u2019 document\u2014a \u2018contrivance\u2019<\/strong> \u2018created just for this case. The Government has no response to this charge\u2014a deafening silence\u201d (emphasis added).<\/p>\n

On May 28, Judge Gallagher issued an order<\/a> finding that Defendants\u2019 had \u201cutterly disregarded<\/strong> this Court\u2019s May 20, 2025 Order<\/a>\u201d which required Defendants to provide a status report \u201con the steps they have taken to facilitate the return of Cristian to the United States\u201d before May 27. Judge Gallagher found that Defendants\u2019 untimely response \u201cis the functional equivalent of, \u2018we haven\u2019t done anything and don\u2019t intend to\u2019\u201d\u00a0<\/strong>and said that the Defendants had also shown \u201czero effort to comply\u201d with the Court\u2019s April 23 Order. \u201cDefendants not only ignore the requirements of this Court\u2019s Orders, ECF 254, 280, but also make no attempt to offer any justification for their blatant lack of effort to comply<\/strong>,\u201d the court wrote (emphasis added).<\/p>\n

<\/a><\/a>12. \u201cNo dispute Defendants are in breach\u201d of court-approved settlement agreement, court also references \u201cDefendants\u2019 delay in curing that breach and complying with the Court\u2019s June 10, 2025 Order.\u201d<\/a><\/h2>\n

Judge Dana M. Sabraw (Bush appointee), Ms. L. v. U.S. Immigration and Customs Enforcement<\/em><\/a>, 3:18-cv-00428 (S.D. Cal.)<\/p>\n

This case involves non-compliance with a 2023 settlement made regarding a court case filed in 2018, during the first Trump administration, where the government agreed to provide reunification and other services to a class of plaintiff parents who were separated from their children at the southwest border of the United States.<\/p>\n

On Apr. 23, members of the plaintiff class filed<\/a> a motion to enforce the settlement agreement, alleging that the government had refused to renew the legal services contract associated with the 2023 settlement (which committed the government to \u201ccontinue to contract with an independent contractor to . . . assist Ms. L. Settlement Class members and Qualifying Additional Family Members with necessary parole and employment authorization applications\u201d). On June 10, Judge Sabraw granted<\/a> the motion to enforce on June 10, granting \u201cthe remedy of specific performance in the form of a Court order requiring Defendants to reinstate their contract with Acacia to provide the services set out in the Settlement Agreement\u201d and stating \u201cthere is no dispute Defendants are in breach.\u201d<\/strong> On June 27, Judge Sabraw filed an order following a status conference that required defendants to \u201cset out their position on whether the Court has authority to extend the term of the Settlement Agreement given Defendants\u2019 decisions to cancel their contracts with the previous service providers (Acacia and Seneca), the Court\u2019s finding that Defendants are in breach of the Settlement Agreement, and Defendants\u2019 delay in curing that breach and complying with the Court\u2019s June 10, 2025 Order.<\/strong>\u201d<\/p>\n

Defendants responded by filing a Rule 60(b) motion seeking temporary relief from the court order, while plaintiffs filed a motion for immediate interim relief on July 23 that stated: \u201cDuring this time, Defendants have made no meaningful steps to comply with the Court\u2019s order enforcing the Agreement. The Class has been without legal services for almost three months and Defendants in breach for as long.\u201d Judge Sabraw denied<\/a> defendants\u2019 motion on July 24, while simultaneously granting an additional motion to enforce (\u201cDefendants did not comply with the Court\u2019s order to reinstate the task order with Acacia.\u201d).<\/p>\n

In an Aug. 20 joint status report, plaintiffs stated that: \u201cDefendants intend to impose new limitations on Acacia\u2019s provision of legal services that are inconsistent with the Settlement Agreement<\/strong>. Under its previous contract, Acacia accepted referrals for legal services of pro bono screenings from any source\u2026 The new contract, however, requires that Acacia accept new referrals only from the Executive Office for Immigration Review.\u201d On Aug. 22, Judge Sabraw found such conditions \u201ccontrary to the spirit and purpose of the Settlement Agreement and this Court\u2019s June 10, 2025 Order<\/strong> granting Plaintiffs\u2019 renewed motion to enforce that Agreement\u201d and ordered that they \u201cshould not be part of the parties\u2019 ongoing negotiations.\u201d<\/p>\n

The case is currently on\u00a0<\/em>appeal<\/em><\/a>\u00a0to the Ninth Circuit, with briefing\u00a0<\/em>scheduled<\/em><\/a>\u00a0to begin on Nov. 18.<\/em><\/p>\n

<\/a>13. \u201c[I]t appears that OMB sought to overcome a judicially imposed obstacle without actually ceasing the challenged conduct. The court can think of few things more disingenuous.\u201d<\/h2>\n

Judge Loren L. AliKhan (Biden appointee), National Council of Nonprofits v. Office of Management and Budget<\/em><\/a>, 1:25-cv-00239 (D.D.C.)<\/p>\n

This case involves OMB\u2019s memo requiring federal agencies to pause any activities related to President Donald Trump\u2019s executive orders.<\/p>\n

On Jan. 28, the court granted an administrative stay<\/a>: \u201cDuring the pendency of the stay, Defendants shall refrain from implementing OMB Memorandum M-25-13 with respect to the disbursement of Federal funds under all open awards.\u201d<\/p>\n

On Feb. 3, Judge AliKhan granted<\/a> a temporary restraining order on the memo\u2019s implementation, stating:<\/p>\n

\n

\u201cFor Defendants to innocently claim that OMB\u2019s poststay actions were merely a noble attempt to \u2018end[] confusion,\u2019 strains credulity<\/strong>. By rescinding the memorandum that announced the freeze, but \u2018NOT . . . the federal funding freeze\u2019 itself, it appears that OMB sought to overcome a judicially imposed obstacle without actually ceasing the challenged conduct<\/strong>. The court can think of few things more disingenuous.\u00a0<\/strong>Preventing a defendant from evading judicial review under such false pretenses is precisely why the voluntary cessation doctrine exists. The rescission, if it can be called that, appears to be nothing more than a thinly veiled attempt to prevent this court from granting relief.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a><\/a>14. Defendants \u201chave not complied with the \u2026 TRO,\u201d efforts to \u201cevade [the preliminary injunction\u2019s] terms through post-hoc explanations.\u201d<\/h2>\n

Judge Amir H. Ali (Biden appointee) AIDS Vaccine Advocacy Coalition v. USAID<\/em><\/a>, 1:25-cv-00400 (D.D.C.) and Global Health Council v. Trump<\/em><\/a>, 1:25-cv-00402 (D.D.C.) (related cases)<\/p>\n

These two cases involve challenges to the Trump administration\u2019s suspension of USAID funding.<\/p>\n

On Feb. 20 Judge Ali granted<\/a> in part the plaintiffs\u2019 emergency motion to enforce the temporary restraining order<\/a> \u201cto the extent Defendants have not complied with the terms of the TRO<\/strong>,\u201d namely, by \u201ccontinu[ing] their blanket suspension of funds pending review of agreements, the very action that the TRO enjoined<\/strong>\u201d and by seeking to \u201csearch for and invoke new legal authorities as a post-hoc rationalization for the\u00a0<\/strong>en masse<\/strong><\/em>\u00a0suspension<\/strong>\u201d or to \u201creplace their earlier implementations with \u2018other directives\u2019 to \u2018suspend[], paus[e], or otherwise prevent[] the obligation or disbursement of appropriated foreign-assistance funds\u2019\u201d (emphasis added). The court did not make a finding of contempt, as requested by the plaintiffs, citing \u201cDefendants\u2019 explicit recognition that \u2018prompt compliance with the order\u2019 is required.\u201d<\/p>\n

On Feb. 24, plaintiffs in Global Health Council v. Trump<\/em>filed<\/a> a renewed emergency motion to enforce the TRO. At the close of the Feb. 25 hearing, Judge Ali granted the motion and adopted plaintiffs\u2019 proposed<\/a> relief, ordering<\/a> by 11:59 p.m. on Feb. 26 that defendants \u201cpay all invoices and letter of credit drawdown requests\u201d for work completed before the Feb. 13 TRO; \u201cpermit and promptly pay\u201d drawdowns and reimbursements on grants and assistance agreements; and \u201ctake no actions to impede\u201d and \u201ctake all necessary action to ensure the prompt payment of appropriated foreign assistance funds.\u201d The court also required that the joint status report due noon on Feb. 26 confirm steps taken and that disbursements would be made by 11:59 p.m. that day, and directed defendants to provide by noon any \u201cdirectives or guidance\u201d sent since Feb. 13 concerning TRO implementation or suspensions\/terminations. Noting that the record showed payments remained frozen, the court observed: \u201cDefendants have not rebutted that evidence, and when asked today, defendants were not able to provide any specific examples of unfreezing funds pursuant to the Court\u2019s TRO<\/strong>\u201d (emphasis added).<\/p>\n

On Jul. 21, following a Mar. 10 preliminary injunction<\/a>\u2014which ordered the government not to withhold payment for work performed before Feb. 13\u2014the court granted<\/a> in part the plaintiffs\u2019 motion to enforce. \u201cThe Court\u2019s preliminary injunction did not include any exception for Defendants to evade its terms through post hoc explanations for terminations, and the Court has previously rejected similar attempts by Defendants,\u201d Judge Ali said, adding that the government \u201cmust promptly take steps to come into compliance as to the awards at issue.\u201d It otherwise denied or deferred further relief pending the D.C. Circuit\u2019s decision of the government\u2019s appeal.<\/p>\n

<\/a><\/a>15. \u201cManifestly unreasonable\u201d and \u201ccontrived\u201d reading of injunction, \u201cborder[ing] on violating Federal Rule of Civil Procedure 11(b)\u201d and \u201cdeserving of \u2026 reprimands\u201d<\/h2>\n

Judge Lauren King (Biden appointee), State of Washington v. Trump<\/em><\/a>, 2:25-cv-00244 (W.D. Wash.)<\/p>\n

This case involves several states suing to enjoin an Executive Order directing agencies to cut off federal research and education grants to medical institutions, including hospitals and medical schools, that provide gender-affirming care.<\/p>\n

On Feb. 28, Judge King granted<\/a> the motion for a preliminary injunction, except as to a small Section 8(a) of the Executive Order.<\/p>\n

On Mar, 6, plaintiffs submitted a motion<\/a> to hold defendants in contempt of court, alleging that the government tried to circumvent the preliminary injunction by falsely claiming actions taken to withhold funding under the enjoined EOs were actually taken pursuant to other policies.<\/p>\n

On Mar. 17, Judge King denied<\/a> plaintiffs\u2019 motion for contempt, granted expedited discovery on the question of whether the actions were taken pursuant to the enjoined EOs, and criticized the government for its \u201cunreasonable interpretation of the Court\u2019s orders.\u201d He wrote:<\/p>\n

\n

\u201cThe Court first addresses Defendants\u2019 unreasonable interpretation of the Court\u2019s orders.\u00a0<\/strong>Defendants argue that the Court \u2018enjoined enforcement of Sections 3(e) or 3(g) of the [Gender Ideology] EO only as to \u201cgender-affirming care\u201d as that term is used in the [Medical Services] EO\u2019\u2014i.e., only as to the four Listed Services. This interpretation borders on violating Federal Rule of Civil Procedure 11(b)<\/strong>. \u2026 Despite Defendants\u2019 contrived arguments to the contrary,<\/strong> \u2026 it is clear from the Court\u2019s preliminary injunction order that \u201cgender-affirming care\u201d includes all [various forms of gender-affirming set out in the preliminary injunction]. \u2026 In sum, it was manifestly unreasonable<\/strong> for Defendants to \u2018understand this Court\u2019s enjoinment of Section[s] 3[(e) and (g)] of the [Gender Ideology] EO . . . to exclude . . . care other than the Listed Services.\u2019 \u2026<\/p>\n

Defendants also adopt an unreasonably narrow and self-serving view of what constitutes \u2018care,\u2019 arguing that research studies categorically cannot include the provision of care. Such an interpretation appears to be deliberately ignorant<\/strong>: it is common knowledge that research studies frequently involve patient care. \u2026<\/p>\n

Defendants\u2019 unreasonable and self-serving<\/strong> interpretation<\/strong> of the Court\u2019s orders is certainly deserving of the above reprimands<\/strong>, as well as\u00a0a warning that the Court may impose sanctions<\/strong> for any future violations of Rule 11, other Federal Rules, the Local Civil Rules, or its orders. The Court further orders counsel for Defendants to correct their unreasonable interpretation<\/strong> of the Court\u2019s orders.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

Granting expedited discovery, the court said, \u201cNIH\u2019s communications have raised substantial questions regarding whether the March 4, 2025 federal funding revocation occurred as part of enforcement of the Gender Ideology EO in contravention of the Court\u2019s preliminary injunction.\u201d But finding enough had not been presented to establish contempt, the court said, the \u201cevidence raises the possibility that the March 4 revocation of grant funding was effected pursuant [the EO] for an enjoined purpose. But a mere possibility that an action violates a court order is not enough to establish contempt.\u201d<\/p>\n

On April 30, plaintiffs\u00a0<\/em>moved<\/em><\/a>\u00a0to compel discovery and catalogued evidence of alleged noncompliance, but by then NIH had already reinstated the terminated grant on Mar. 27, after the court authorized expedited discovery; defendants\u00a0<\/em>argued<\/em><\/a>\u00a0that reinstatement rendered the contempt-related discovery moot. On June 16, the court agreed and\u00a0<\/em>denied<\/em><\/a>\u00a0the motion to compel as moot, adding that plaintiffs\u2019 fallback request for monetary contempt sanctions could not keep the issue live because sovereign immunity bars such awards absent an express waiver.<\/em><\/p>\n

<\/a><\/a>16. Government at \u201crisk [of] being held in contempt\u201d for disregard of discovery orders, and later \u201cfailed to comply\u201d with submitting declaration.<\/h2>\n

Judge Edward M. Chen (Obama appointee), National TPS Alliance v. Noem<\/em><\/a>, 3:25-cv-01766 (N.D. Cal.)<\/p>\n

This case involves the Trump administration\u2019s decision to terminate temporary protected status for Venezuelans in the United States.<\/p>\n

On May 19, Judge Chen warned<\/a> the government it was at \u201crisk [of] being held in contempt\u201d due to their disregard for the court\u2019s discovery orders. He wrote:<\/p>\n

\n

\u201cTo be clear, the Court\u2019s discovery order<\/strong> requiring production today still stands. Defendants are expected to comply with that order<\/strong> unless and until the Court rules otherwise. The Supreme Court’s decision stayed the Court’s postponement order but did not stay the litigation on the merits. Defendants risk being held in contempt of Court<\/strong> if they do not comply<\/strong> with the Court’s discovery order.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

On May 29, 2025, the court held a hearing<\/a> on the plaintiffs\u2019 motion regarding alleged noncompliance with discovery orders. The court ordered<\/a> the defendants to \u201cimmediately ask the 20 custodians at issue whether they used communication means outside of government email and OneDrive with respect to the TPS decisions (e.g., nongovernment email, text messaging, hard drive),\u201d and further required that \u201c[b]y 6\/3\/2025, the government shall file a declaration(s) from a person(s) with personal knowledge certifying that the inquiry was made and what the responses of each of the custodians were.\u201d On June 4, the plaintiffs filed<\/a> a notice of noncompliance with the court\u2019s order to file declarations by June 3. On June 5, the Court ordered<\/a> that the \u201cgovernment has failed to comply with the Court\u2019s order<\/strong> and has not given a specific date by which it will comply. The Court orders the government to provide the declaration previously ordered by today, June 5\u201d (emphasis added).<\/p>\n

Note: Similar to National TPS Alliance v. Noem<\/em>, in other cases courts have found the government did not comply with judicial orders to submit filings or other documents. See, e.g., Judge Timothy J. Kelly (Trump appointee), OCA – Asian Pacific American Advocates v, Rubio, 1:25-cv-00287<\/a> (D.D.C.) (Minute order<\/a> stating that \u201cDefendants’ continuing inexplicable failure to comply\u00a0<\/strong>with the Court’s 6 Standing Order, Defendants have not shown good cause for a further extension\u201d (emphasis added)). Updates of new cases (nos. 17-20):<\/u><\/p>\n

<\/a><\/a>17. Federalizing California and Texas Guard to Portland constituted \u201cdirect contravention\u201d and \u201capparent violation of the First TRO;\u201d judge \u201cdeeply troubled\u201d and \u201cnot inclined\u201d to accept excuses; no contempt finding but the court \u201cretains jurisdiction\u201d<\/h3>\n

Judge Karin J. Immergut (Trump appointee), State of Oregon v. Trump<\/em><\/a>, 3:25-cv-01756 (D. Or.)<\/p>\n

This case challenges Secretary Hegseth\u2019s Sept. 28 memorandum<\/a> (\u201cHegseth Memorandum\u201d) authorizing the federalization and deployment of National Guard forces to Portland (Memorandum citing President Trump\u2019s Jun. 7 memorandum<\/a> invoking 10 U.S.C. \u00a7 12406 to authorize nationwide Guard mobilization).<\/p>\n

On Oct. 4, Judge Immergut granted<\/a> the plaintiffs\u2019 motion<\/a> for a temporary restraining order and enjoined the Hegseth Memorandum for 14 days, finding the federal government likely lacked authority under 10 U.S.C. \u00a7 12406 to federalize Oregon National Guard members and that the action likely violated the Tenth Amendment. The federal government filed<\/a> an appeal with the Ninth Circuit the same day. In the early hours of Oct. 5, the Defense Department deployed federalized California National Guard personnel to Portland and began deploying Texas National Guard to Portland as well, prompting plaintiffs to move<\/a> for a second TRO to preserve the status quo<\/em> and \u201cprevent circumvention of the first TRO.\u201d<\/p>\n

At the Oct. 5 hearing<\/a> on the motion, Judge Immergut said<\/a> the government\u2019s deployment of federalized Guard members \u201cappear[s] to be in direct contravention\u201d<\/strong> of the TRO (emphasis added). She reportedly reminded<\/a> counsel repeatedly that he was an \u201cofficer of the court\u201d\u2014asking<\/a>, \u201cYou are an officer of the court. Aren\u2019t defendants circumventing my order?\u201d The court granted the plaintiff\u2019s motion for a second TRO, stating<\/a> that the federal government is \u201ctemporarily enjoined from deploying federalized members of the National Guard in Oregon.\u201d<\/p>\n

(On Oct. 8, the Ninth Circuit\u00a0<\/em>granted<\/em><\/a>\u00a0the government an administrative stay of Judge Immergut\u2019s Oct. 4 TRO on the federalization of the Guard, but did not stay the district court\u2019s orders on the deployment of the federalized Guard.)\u00a0<\/em><\/p>\n

Update 2 (Nov. 20, 2025)<\/u><\/strong>:<\/p>\n

Before the bench trial began on Oct. 29, Justice Department lawyers acknowledged that nine Oregon National Guard troops had been deployed to the Portland ICE facility just hours before Judge Immergut issued her TRO\u2014and fewer than 24 hours after the TRO hearing. The troops remained there for several hours before their duty ended. Judge Immergut reportedly<\/a> told<\/a> counsel: \u201cWe\u2019ll discuss later whether that\u2019s contempt and in direct violation of my TRO<\/strong>, but we\u2019re moving on.\u201d The next day, the judge pressed the issue saying, \u201cThe government deployed that very night, knowing that I told you I would issue an opinion as quickly as I could,\u201d adding, \u201cDoes that not seem to be in bad faith?<\/strong>\u201d (emphasis added). She reportedly questioned DOJ\u2019s explanation that it \u201ctook time\u201d to notify personnel, observing the administration\u2019s rapid coordination elsewhere such as within hours of the TRO, DOD flew in 200 California National Guard and prepared to fly in Texas Guard if needed. \u201cThe point is that they could have gotten the message to the guardsmen if it was important,\u201d she stated.<\/p>\n

On Nov. 7, Judge Immergut issued a permanent injunction<\/a> barring the government from federalizing and deploying Oregon\u2019s National Guard, holding the plan was ultra vires\u00a0<\/em>under 10 U.S.C. \u00a7 12406 and in violation of the Tenth Amendment. She further commented on the government\u2019s non-compliance:<\/p>\n

\n

\u201cOrdinarily, this Court would be inclined to accept Defendants\u2019 explanation for their violation of the First TRO<\/strong> given that \u2018the first shift\u2019 at the Portland ICE facility commenced prior to this Court’s issuance of the First TRO. However, in light of the following facts, this Court is deeply troubled by Defendants\u2019 continued deployment<\/strong> of Oregon National Guardsmen at the Portland ICE facility in violation of the First TRO<\/strong>. In the seven hours that Defendants took to \u2018convey the message\u2019 of the First TRO \u2018to people on the ground,\u2019 Defendants simultaneously \u2018convey[ed] the message\u2019 to the U.S. Army Northern Command to send 200 of the federalized California National Guard personnel in Los Angeles to Portland. \u2026 In other words, Defendants had time to order and coordinate the transport of federalized California National Guardsmen from Los Angeles to Portland but needed more time to communicate with the Oregon National Guardsmen at the Portland ICE facility.<\/p>\n

This Court has not issued any finding of contempt based on Defendants\u2019 apparent violation of the First TRO.<\/strong> However, this Court expects Defendants will provide further explanation when ordered to do so by this Court in the future, and this court retains jurisdiction over the issue.\u201d (citations omitted) (emphasis added). <\/a><\/p>\n<\/blockquote>\n

<\/a>18. HHS termination letters to employees that \u201cdo not comply\u201d with the preliminary injunction.<\/h3>\n

<\/a>Judge William Haskell Alsup (Clinton appointee), American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Charles Ezell<\/em><\/a>, 3:25-cv-01780 (N.D. Cal.)<\/p>\n

The case involved the government\u2019s efforts to significantly reduce the federal workforce\u2019s probationary employees via termination letters that criticized workers\u2019 \u201cperformance.\u201d<\/p>\n

On Jul. 23, Judge Alsup addressed<\/a> \u201ctwo compliance concerns relating to the existing preliminary injunction.\u201d The first involved the government\u2019s alleged failure to act in compliance with the court\u2019s Apr. 18 preliminary injunction requiring the defendants to provide proper notice to certain HHS probationary employees who had been terminated. Second, the court ruled that the agency\u2019s letters that had been sent \u201cdo not comply with the terms of the preliminary injunction\u201d because they were not individually directed to each affected employee. Judge Alsup directed the parties to work together to resolve these compliance issues and scheduled a status hearing for Aug. 28.<\/p>\n

On Sept. 12, Judge Alsup granted<\/a> partial summary judgment for the plaintiffs but did not order reinstatement of the terminated employees or otherwise resolve the compliance concerns raised in the Jul. 23 order.<\/p>\n

<\/a>19. ICE \u201cunequivocally ceased compliance\u201d with 2022 court-ordered Casta\u00f1on Nava settlement agreement, committing \u201crepeated, material violations;\u201d and parties agreed government conduct was \u201cviolation of the terms of the Consent Decree\u201d<\/h3>\n

<\/a>Judge Jeffrey I. Cummings (Biden appointee), Castanon Nava v. Department of Homeland Security<\/em><\/a>, 1:18-cv-03757 (N.D. Ill.)<\/p>\n

This class action challenges ICE\u2019s warrantless-arrest practices, as part of \u201cOperation Midway Blitz,\u201d and seeks to enforce a court-ordered settlement (consent decree) requiring compliance with 8 U.S.C. \u00a71357(a)(2)\u2014including policy, training, and documentation obligations\u2014within ICE\u2019s Chicago Area of Responsibility.<\/p>\n

Following a court-ordered settlement agreement (the Casta\u00f1on Nava settlement) in Feb. 2022\u2014requiring ICE to conduct warrantless arrests only in compliance with 8 U.S.C. \u00a71357(a)(2) and to document the basis for those arrests\u2014on Oct. 7, addressing the plaintiffs\u2019 motion to enforce, Judge Cummings held<\/a> that while ICE had been in substantial compliance for two-and-a-half years, the agency \u201cunequivocally ceased compliance\u201d by Jun. 11, 2025\u2014as reflected in ICE\u2019s Principal Legal Advisor\u2019s agency-wide email and ICE\u2019s own concessions\u2014and found \u201cby a preponderance of the evidence\u201d that ICE arrested \u201ctwenty-two out of the twenty-six\u201d claimant class members without warrants in violation of the Casta\u00f1on Nava settlement and \u00a71357(a)(2).<\/p>\n

Update 2 (Nov. 20, 2025)<\/u><\/strong>:<\/p>\n

At a Nov. 12 hearing, Judge Cummings ordered<\/a> the government to begin releasing hundreds of detainees, temporarily barred removals for the 615 detainees at issue, and reportedly underscored: \u201cThere would be nothing for me to do if the arrests of the people here were done in accordance with the agreement,\u201d adding, \u201cbut in the event that there are allegations that the people are arrested in violation of this consent decree, I will react and take appropriate actions.\u201d<\/p>\n

Judge Cummings followed up with a written order<\/a> on Nov. 13. He noted that according to the parties\u2019 Nov. 7 status reports, \u201cthe parties have agreed<\/strong>\u2014after an examination of the pertinent arrest records\u2014that 46 class members were\u00a0arrested in violation of the terms of the Consent Decree<\/strong> and are thus entitled to relief under the Decree.\u201d The court added that \u201cthe majority of these class members have already been removed from the United States \u2026 and only 13 of these class members remain in detention.\u201d Invoking \u00a7 V(B)(2) of the Casta\u00f1on Nava settlement, Judge Cummings reiterated his prior finding: \u201cThe Court finds, as it has found previously, \u2026 that the 46 agreed upon violations of the Consent Decree \u2026 constitute \u2018repeated, material violations\u2019\u201d\u00a0<\/strong>(emphasis added). The court further observed that additional violations are likely to emerge:<\/p>\n

\n

\u201cGiven the number of instances where the parties have agreed that the rights of class members were violated, it stands to reason that a significant number of additional violations will be uncovered<\/strong> as plaintiffs receive and analyze the arrest records of the remaining arrestees\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>20. Government \u201cha[s] done precisely what the Memorandum and Order forbids;\u201d \u201cnot a good faith effort to comply\u201d<\/h3>\n

Judge William E. Smith (Bush appointee), State of Illinois. v. Federal Emergency Management Agency<\/em><\/a>, 1:25-cv-00206 (D.R.I.) The case involved a lawsuit by twenty states and the District of Columbia suing to block the administration\u2019s effort to condition federal emergency funding on compliance with federal immigration enforcement policy.<\/p>\n

On Sept. 24, Judge Smith granted<\/a> summary judgment and a permanent injunction stopping DHS from enforcing immigration-related conditions to federal disaster grants and emergency management programs.<\/p>\n

On Oct. 14, Judge Smith held<\/a> that the administration violated the court\u2019s permanent injunction by including the contested conditions in award letters for required acceptance by the recipient. The new language included a disclaimer saying, \u201c[i]f the injunction is stayed, vacated, or extinguished, the [contested conditions] will immediately become effective.\u201d Judge Smith wrote:<\/p>\n

\n

\u201cDefendants have done precisely what the Memorandum and Order forbids<\/strong>, which is requiring Plaintiff States to agree to assist in federal immigration enforcement or else forgo the award of DHS grants. The fig leaf conditional nature of the requirement makes little difference. No matter how confident Defendants may be of their chances on appeal, at present, the contested conditions are unlawful. Plaintiff States therefore have a right to accept the awards without regard to the contested conditions. Defendants\u2019 new condition is\u00a0not a good faith effort to comply<\/strong> with the order; it is a ham-handed attempt to bully the states into making promises they have no obligation to make at the risk of losing critical disaster and other funding already appropriated by Congress\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>21. \u201c[P]rofoundly concerned\u201d order on use of force in Chicago protests not being followed<\/h3>\n

Judge Sara L. Ellis (Obama appointee), Chicago Headline Club v. Noem<\/em><\/a>, 1:25-cv-12173 (N.D. Ill.)<\/p>\n

This case involves a challenge to federal agents\u2019 use of force\u2014including tear gas, rubber bullets, and pepper balls\u2014against protesters, religious practitioners, and journalists during immigration enforcement operations in Chicago, as part of \u201cOperation Midway Blitz.\u201d<\/p>\n

Following a temporary restraining order<\/a> issued on Oct. 9, which, inter alia<\/em>, barred the use of tear gas and other riot control munitions against protesters, journalists, and religious practitioners not posing an immediate threat, and required that dispersal warnings be given before any such force was deployed, allegations emerged that ICE agents had continued to use tear gas without proper notice.<\/p>\n

During an Oct. 16 hearing, Judge Ellis reportedly said<\/a> she was \u201cprofoundly concerned\u201d<\/strong> that federal agents might have violated her order. \u201cAt least from what I\u2019m seeing, I\u2019m having serious concerns that my order\u2019s being followed<\/strong>,\u201d Judge Ellis said\u00a0<\/a>from the bench, emphasizing, \u201cI\u2019m not happy. I\u2019m really not happy.\u201d (emphasis added). Also during the Oct. 16 hearing, as a way to monitor compliance with her TRO, Judge Ellis reportedly directed<\/a> the government to file proposed modifications to reflect a body-worn camera requirement she planned to impose.<\/p>\n

During an Oct. 17 hearing, responding to government pushback on the court\u2019s requirement that body-worn cameras be used in certain circumstances, Judge Ellis reportedly said<\/a>: \u201cMaybe I wasn\u2019t clear yesterday. That wasn\u2019t a suggestion,\u201d adding, \u201cI am modifying the [TRO] to include body-worn cameras. \u2026 It\u2019s not up for debate.\u201d She reportedly added<\/a>, \u201cIt wasn\u2019t a hint. It was an order. So I will enter it today, and I will expect that it will be followed.\u201d The court modified<\/a> the TRO accordingly to require body-worn cameras in specified circumstances (the body camera requirement has several limitations: it applies only to immigration agents who already have cameras and have been trained to use them; undercover agents are exempt; and agents need not activate the cameras in certain places, including jails and ports of entry). The government was given until Oct. 24 to file its policies implementing the new directive.<\/p>\n

At the Oct. 20 hearing, Judge Ellis said<\/a>: \u201cI have a few concerns that the TRO wasn\u2019t being followed\u201d\u00a0<\/strong>(emphasis added). Judge Ellis did not rule immediately on the plaintiffs\u2019 motion to enforce the TRO, instead ordering<\/a> that the matter be heard on Nov. 5 during the preliminary injunction hearing.<\/p>\n

Following a Nov. 5 evidentiary hearing that included live testimony, Judge Ellis extended her Oct. 9 temporary restraining order on Nov. 6, granting the plaintiffs\u2019 motion for a preliminary injunction<\/a> from the bench. During her oral ruling, Judge Ellis reportedly<\/a> said CBP Chief Gregory Bovino did not warn protestors in Little Village before he deployed tear gas, saying<\/a>, \u201cThat happened after I entered the TRO.\u201d (The court does not appear to have addressed the plaintiffs\u2019 later<\/a> motion that the government continues to violate the TRO and preliminary injunction.)<\/p>\n

(On Nov. 19, a Seventh Circuit panel <\/span><\/i>stayed<\/span><\/i><\/a> Judge Ellis\u2019s Nov. 6 preliminary injunction as \u201coverbroad,\u201d pending appeal; the order did not address her earlier TRO-compliance concerns.)<\/span><\/i><\/p>\n

<\/a>22. DHS \u201cdo not seem to have considered\u201d the Court\u2019s \u201cprior rulings\u201d in the TPS-termination case, leading to an \u201cadmonish[ment]\u201d for re-asserting already-rejected privileges and for \u201cglaring[ly]\u201d \u201cfail[ing] to make\u201d the previously required showings.<\/h3>\n

Magistrate Judge Sallie Kim, National TPS Alliance v. Noem<\/em><\/a>, 3:25-cv-05687 (N.D. Cal.)<\/p>\n

This case involves a challenge to DHS Secretary Kristi Noem\u2019s decisions terminating Temporary Protected Status (TPS) for certain countries.<\/p>\n

On Oct. 16, addressing the plaintiffs\u2019 objections to the government\u2019s attempts to withhold TPS-related documents under the deliberative-process and attorney-client privileges, Judge Kim ordered<\/a> further disclosure and criticized the government for ignoring prior rulings. She wrote:<\/p>\n

\n

\u201cThis is not the first time the Undersigned has reviewed documents in camera to address the parties\u2019 disputes over Defendants\u2019 claimed privileges. Unfortunately, Defendants do not seem to have considered the Undersigned\u2019s prior Orders\u00a0<\/strong>in this case and in National TPS Alliance v. Noem<\/em>, No. 25-cv-01766-EMC. For example, Defendants continue to claim documents dated after Department of Homeland Security (\u201cDHS\u201d) Secretary Kristi Noem\u2019s decisions to deprive Temporary Protected Status (\u201cTPS\u201d) holders from Honduras, Nepal, and Nicaragua were made or that do not contain any opinions, recommendations, or advice. In the future, Defendants are admonished to consider the Undersigned\u2019s prior rulings<\/strong> when determining whether to assert the attorney-client or the deliberate process privileges.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

The court further noted:<\/p>\n

\n

\u201cDefendants do not provide any analysis for balancing the factors and do not explain why the Plaintiffs\u2019 need for the materials and the need for accurate fact-finding should not override Defendants\u2019 interest in non-disclosure. In light of the Undersigned\u2019s previous orders requiring the disclosure of similar materials, Defendants failure to make this showing is particularly glaring<\/strong>. Nor do Defendants do not address the Court\u2019s prior determinations and, thus, make no effort to show how the documents currently before the Court for in camera review differ from those documents the Undersigned previously ordered disclosed.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

On Oct. 21, clarifying her Oct. 16 order, Judge Kim wrote<\/a> that<\/p>\n

\n

\u201c[t]hat Order should not have been surprising to any party because it was in line with what the Court has previously ordered.<\/strong> At no point has the Court determined that any document may actually be withheld based on the deliberative process privilege.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

After defendants sought de novo review of the magistrate judge\u2019s order, the District Judge directed them to resubmit the challenged documents for another in camera review. On Oct. 31, the court found<\/a> that while a few portions arguably contained deliberative material, the government had \u201c[a]gain \u2026 fail[ed] to address\u201d the balancing factors and had made no effort to show how these documents differed from the ones the court had previously ordered disclosed.<\/p>\n

(After repeatedly seeking emergency relief from Magistrate Judge Kim\u2019s privilege orders, the government\u2019s third motion was\u00a0<\/em>denied<\/em><\/a>\u00a0and Judge Thompson affirmed Judge Kim\u2019s rulings and ordered production of the documents.)\u00a0<\/em><\/p>\n

<\/a>23. Two DOJ prosecutors in Abrego Garcia criminal case \u201cside-stepped\u201d the court\u2019s notify-your-client directive on extrajudicial statements<\/h3>\n

Judge Waverly D. Crenshaw, Jr. (Obama appointee), United States v. Abrego Garcia<\/em><\/a>, 3:25-cr-00115, (M.D. Tenn.)<\/p>\n

This case involves the federal government\u2019s criminal prosecution of Kilmar Abrego Garcia following his filing of a legal challenge to his removal to El Salvador.<\/p>\n

On Jul. 31, after weeks of public statements by senior officials and DHS posts that the defense said risked tainting the jury pool, the court held<\/a> that for those before it, compliance with LCrR 2.01(a)(1) and (a)(4) is \u201cnot discretionary,\u201d and that \u201call counsel\u201d must ensure any proper public communications state the indictment contains only allegations and that the defendant is presumed innocent. As relevant here: LCrR 2.01(a)(1) bars any extrajudicial statement likely to be disseminated that has a substantial likelihood of materially prejudicing an adjudicative proceeding; LCrR 2.01(a)(2)(B) lists categories \u201cmore likely than not\u201d to be prejudicial (e.g., prior record\/character, plea talks, tests, witness credibility, expected evidence, the fact of charge without a presumption-of-innocence qualifier, opinions on guilt\/evidence, and inadmissible information). And LCrR 2.01(a)(4) applies the rule to \u201claw firm(s) and government agencies or offices, and the partners and employees of such firms, government agencies or offices.\u201d<\/p>\n

On Sept. 26, the court ordered<\/a> each counsel of record to report what they had done to comply; the government\u2019s counsel of record\u2014U.S. Attorneys Robert E. McGuire and Jason M. Harley\u2014first submitted<\/a> a joint filing. The court construed<\/a> that as McGuire\u2019s report and directed Harley to file his own by Oct. 15; he did<\/a> so on Oct. 15 .<\/p>\n

On Oct. 27, ruling<\/a> (see also here<\/a>) on the defense motion<\/a> for an order requiring DOJ and DHS officials to refrain from making prejudicial statements (ECF 118), the court granted relief to the extent that the government and its employees must comply with LCrR 2.01(a)(4). Judge Crenshaw ruled that \u201cimplicit in\u201d subsection (a)(4) is counsel\u2019s duty to notify their agencies of the (a)(1)\u2013(2) restrictions, and that:<\/p>\n

\n

\u201cIt does not appear those agency employees have been notified by counsel of record about those employees\u2019 obligation to adhere to the Local Rule. Mr. McGuire and Mr. Harley side-stepped the Court\u2019s Order<\/strong> to report what they had done to comply with Local Rule 2.01(a)(4).\u201d (emphasis added).<\/p>\n<\/blockquote>\n

The court ordered McGuire and Harley to provide the order and memorandum to all DOJ and DHS employees within two days, including the Attorney General and the DHS Secretary, and those employees were put on notice of the prohibitions and potential sanctions.<\/p>\n

<\/a>24. USDA \u201cundermined both the intent and the effectiveness\u201d of two orders on November SNAP payments; judge was \u201cnot inclined to excuse this noncompliance\u201d<\/h3>\n

Chief Judge John J. McConnell, Jr. (Obama appointee), Rhode Island State Council of Churches v. Rollins<\/em><\/a>, 1:25-cv-00569 (D.R.I.)<\/p>\n

This case involves a challenge to the suspension of November 2025 SNAP benefits by the U.S. Department of Agriculture (USDA), allegedly as a result of the government shutdown that began Oct. 1, 2025.<\/p>\n

At an Oct. 31 virtual hearing, Judge McConnell granted<\/a> the plaintiffs\u2019 emergency motion<\/a> for a temporary restraining order, finding<\/a> them substantially likely to succeed on their APA claim because USDA\u2019s decision to withhold SNAP funding was \u201ccontrary to law and arbitrary and capricious,\u201d and ordering the agency to distribute funds \u201cas soon as possible.\u201d On Nov. 1, Judge McConnell issued a written TRO<\/a> offering the government two compliance paths to address the irreparable harm the court had identified<\/a> the day before\u2014harm that \u201cwould occur if millions of people were forced to go without funds for food\u201d during the funding lapse. Per the court\u2019s order<\/a>, first, the government could fully fund November SNAP by Nov. 3 using Section 32 and\/or contingency funds\u2014if not, the decision had to \u201cbe made in accordance with the APA\u201d and not be \u201carbitrary or capricious.\u201d Second, the government could use contingency funds to make a partial payment by Nov. 5, in which case the government had to \u201cexpeditiously resolve the administrative and clerical burdens\u201d of doing so. The government chose<\/a> the partial-payment option.<\/p>\n

After reviewing the government\u2019s status reports on compliance and considering the plaintiffs\u2019 motion to enforce the TRO and for a further TRO, Judge McConnell issued a Nov. 6 oral ruling from the bench granting<\/a> the motion<\/a> and ordering USDA to fully fund November SNAP benefits by Nov. 7. As to the plaintiffs\u2019 motion to enforce, Judge McConnell explained in a written order<\/a> later that day, \u201cThe record is clear that the Defendants \u2026 neither\u201d acted \u201cexpeditiously\u201d in resolving the administrative burdens of making partial payments nor ensured that such payments were actually disbursed by Nov. 5. \u201cFar from being expeditious, the record suggests quite the opposite<\/strong>. As of the date of this decision [Nov. 6], SNAP recipients still have not received their benefits,\u201d Judge McConnell wrote, further rejecting the government\u2019s assertion that there was nothing more it could do to act \u201cexpeditiously\u201d as \u201ccarr[ying] no weight\u201d\u00a0<\/strong>(emphasis added).<\/strong> As the court described it:<\/p>\n

\n

\u201cEven before this Court\u2019s order was entered, the Defendants were fully aware of the delay and potential errors that such a partial payment would involve \u2026 [T]he Defendants \u2018could have begun working to resolve the administrative hurdles once the lapse in appropriations occurred, or even before.\u2019 \u2026 This plainly makes clear that this is a problem that could have been avoided<\/strong>. The Defendants knew that, at the time they chose Option 1, they would be prolonging implementation<\/strong> and frustrating the very purpose of the TRO<\/strong> \u2026 They instead proceeded, fully aware that Option 2 provided a faster and more practical means of compliance.\u201d (citations omitted) (emphasis added)<\/p>\n<\/blockquote>\n

Judge McConnell observed that the President had\u00a0\u201cstated his intent to defy the Court\u2019s order\u201d<\/strong> on social media and found the government\u2019s noncompliance inexcusable, emphasizing that \u201ccompliance is achieved when Americans are fed.\u201d The court concluded:<\/p>\n

\n

\u201c[T]he Defendants have undermined both the intent and the effectiveness of this Court\u2019s October 31st oral order and its November 1st written order<\/strong> that the Defendants act \u2018expeditiously.\u2019 \u2026 The Court is not inclined to excuse this noncompliance<\/strong>, particularly where the obstacles the Defendants now invoke are the foreseeable result of their own choices<\/strong>.\u201d (citations omitted) (emphasis added)<\/p>\n<\/blockquote>\n

Further, the court granted plaintiffs\u2019 motion for a new TRO on the basis that the government had not complied with the prior TRO\u2019s requirement that any decision not to provide full SNAP payments be made in accordance with the APA and not be arbitrary or capricious: \u201cThe Court has already determined that irreparable harm is substantially likely to occur\u2014harm that only increased due to the Defendants\u2019 failure to comply with the Court\u2019s prior order,\u201d<\/strong> Judge McConnell said (emphasis added).<\/p>\n

On Nov. 9, the First Circuit denied<\/a> the government\u2019s motion to stay the enforcement portion of Judge McConnell\u2019s Nov. 6 order, holding that the government had not met the stay factors\u2014particularly its burden to show a likelihood of success in challenging the district court\u2019s noncompliance determination. The panel noted that the record showed USDA knew early on that partial payments would be technically difficult and took no preparatory steps, and further observed that the government\u2019s briefing failed to meaningfully address the district court\u2019s finding that it was aware partial payments would not satisfy the TRO\u2019s requirements. At the same time, the court stayed the separate Nov. 6 TRO \u201cso long as\u201d the enforcement order remains in effect.<\/p>\n

(On Nov. 7, the Supreme Court entered an\u00a0<\/em>administrative stay<\/em><\/a>\u00a0of the Oct. 31 and Nov. 6 orders, and later\u00a0<\/em>extended<\/em><\/a>\u00a0the stay. On Nov. 13, after the government shutdown ended, the government\u00a0<\/em>withdrew<\/em><\/a>\u00a0its request for a stay in the Supreme Court, with the Solicitor General explaining that the bill ending the shutdown \u201cfully funds SNAP through the end of the fiscal year.\u201d The defendants also filed a\u00a0<\/em>notice<\/em><\/a>\u00a0advising the district court that Congress had restored full FY 2026 SNAP funding and that USDA had directed state agencies to \u201ctake immediate steps to ensure households receive their full November allotments promptly.\u201d)<\/em><\/p>\n

<\/a>25. USDA\u2019s Nov. 8 SNAP payment letter was \u201ccarefully crafted to feign compliance with\u201d TRO<\/h3>\n

Judge Indira Talwani (Obama appointee), Commonwealth of Massachusetts v. United States Department of Agriculture<\/em><\/a>, 1:25-cv-13165 (D. Mass.)<\/p>\n

This case involves a challenge to the suspension of November 2025 SNAP benefits by the U.S. Department of Agriculture (USDA), allegedly as a result of the government shutdown that began Oct. 1, 2025.<\/p>\n

On Nov. 12, in granting<\/a> a temporary restraining order directing USDA to ensure prompt November SNAP payments, Judge Talwani found that USDA had \u201cconfused the record\u201d by issuing\u2014and never rescinding\u2014a Nov. 7 notice stating that USDA\u2019s Food and Nutrition Service (FNS) was \u201cworking towards implementing November 2025 full benefit issuances in compliance with the November 6, 2025 order\u201d and that \u201c[l]ater today, FNS will complete the processes necessary to make funds available to support your subsequent transmittal of full issuance files to your EBT processor.\u201d Judge Talwani added, \u201cIndeed, in retrospect, it appears that the statement was carefully crafted to feign compliance<\/strong> with\u201d the TRO Judge McConnell issued in Rhode Island State Council of Churches v. Rollins, 1:25-cv-00569 (D.R.I.) (emphasis added).<\/p>\n

(On Nov. 13, after the government shutdown ended, the defendants filed notices<\/a> advising<\/a> that Congress had restored full FY 2026 SNAP funding and that USDA had directed state agencies to \u201ctake immediate steps to ensure households receive their full November allotments promptly.\u201d)<\/p>\n

<\/a>26. \u201cNumerous, consistent declarations\u201d of ICE noncompliance with TRO on attorney access for immigration raid detainees held in Los Angeles\u2019 \u201cB-18\u201d basement<\/h3>\n

Judge Maame Ewusi-Mensah Frimpong (Biden appointee), Pedro Vasquez Perdomo v. Noem<\/a>, 2:25-cv-05605 (C.D. Cal.)<\/p>\n

This case involves a class action brought on behalf of five individuals detained in the basement of 300 North Los Angeles Street, known as \u201cB-18,\u201d as part of immigration-raid tactics in Los Angeles, alleging intimidation, violence and anonymity, racial profiling, warrantless arrests, denial of counsel, and inhumane conditions of detainment.<\/p>\n

On Jul. 11, Judge Frimpong granted a temporary restraining order<\/a>, finding the plaintiffs were likely to succeed on their Fifth Amendment claims. The TRO required Defendants to permit legal visitation at B-18 \u201cseven days per week, for a minimum of eight hours per day on business days (Monday through Friday), and a minimum of four hours per day on weekends and holidays,\u201d and to provide \u201cindividuals detained at B-18 with access to confidential telephone calls with attorneys, legal representatives, and legal assistants at no charge to the detainee.\u201d The Court further ordered that when \u201cexigent circumstances require closure for the safety of human life or the protection of property, the Defendants must notify Access\/Detention Plaintiffs as soon as practicable and certainly within four (4) hours to make alternative arrangements for legal visitation and\/or notice to affected detainees and attorneys, legal representatives, and legal assistants.\u201d<\/p>\n

On Nov. 13, granting a preliminary injunction<\/a>, Judge Frimpong found extensive, ongoing violations of the TRO, emphasizing that \u201cPlaintiffs have provided numerous, consistent declarations about specific statements and events that show Access\/Detention Plaintiffs are still regularly being denied access to detainees such that Access\/Detention Plaintiffs are unable to effectively provide meaningful legal services to the detainees.\u201d She wrote that \u201clawyer visiting hours have been closed down repeatedly without letting lawyers know,\u201d contrary to the TRO; that \u201cofficers insist on keeping the door open during lawyer visits;\u201d that \u201cofficers sometimes will not let lawyers meet with clients;\u201d and that individuals in B-18 are not receiving the \u201cfree, confidential phone calls with their lawyers\u201d that the government itself says are required. At times, detainees were moved \u201cto another location which does not allow lawyer visits at all.\u201d The court reiterated: \u201conce again, the Court is ordering the federal government to stop<\/strong>\u2014this time for the rest of this lawsuit\u201d (emphasis added).<\/p>\n

Judge Frimpong further found by a preponderance of the evidence that the government had repeatedly violated the TRO by: closing B-18 \u201cwithout explanation\u201d on four occasions; providing \u201cno notice\u201d of closures on at least three occasions; failing to provide facilities that \u201callow for meaningful private communication;\u201d and \u201cprevent[ing] detainees from meeting \u201cprospective clients.\u201d The government also \u201cmoved detainees between B-18 and Santa Ana … without notice,\u201d hindering attorney-client visitation when counsel could not locate clients.<\/p>\n

The court emphasized that the government \u201ccontinue to refuse\u201d attorney access during regular hours, provided only \u201cpartial compliance,\u201d and that \u201cDefendants still are not fully in compliance with the TRO Order<\/strong>\u201d (emphasis added). The court also stated that the administration \u201conly started providing such notice after\u201d plaintiffs filed the preliminary injunction motion, allowing the court to infer that compliance was “encouraged” by the motion, and that \u201ca preliminary injunction may be necessary to ensure Defendants continue to provide detainees the protections stated in the TRO Order.\u201d<\/p>\n

<\/a><\/a>Chapter 2. Court Distrust of Government Information and Representations<\/h1>\n

<\/a><\/a>Introduction<\/h2>\n

A core aspect of executive officials \u201cproperly discharg[ing] their official duties,\u201d and thus being entitled to a presumption of regularity, is those officials telling judges the truth. Accordingly, if the government evinces an extensive inability to provide courts with accurate explanations and truthful information, the application of the presumption accordingly loses the basis for its support. In this Chapter, we document over 60 cases in which courts have identified serious defects in the government\u2019s explanations and representations\u2014pretextual rationales (including retaliatory motives masked by pretext), false sworn statements, contradictions with the record, refusals or inability to answer basic questions, and litigation-driven \u201ccontrivances\u201d\u2014prompting judges to discount government submissions, compel expedited discovery, and withhold the presumption.<\/p>\n

<\/a><\/a>A. General<\/h2>\n

<\/a><\/a>1-a. \u201cObscur[ing] from the Court\u201d and \u201crefusing to provide any helpful information\u201d while \u201crapidly dispatching removal flights\u201d<\/h3>\n

Chief Judge James Boasberg (W. Bush appointee; Obama appointee), J.G.G. v. Trump<\/em><\/a>, 1:25-cv-00766 (D.D.C.)<\/p>\n

This case involves the Trump administration\u2019s invocation of the Alien Enemies Act to deport alleged members of the Venezuelan Tren de Aragua gang.<\/p>\n

On Apr. 3, Judge Boasberg repeatedly asked<\/a> the government\u2019s counsel for information on the flights the administration was using to transport alleged gang members to El Salvador, and was told that the DOJ had no additional information. In an Apr. 16 memorandum opinion finding probable cause for criminal contempt, Boasberg wrote<\/a> that he believed \u201cthat the Government might be rapidly dispatching removal flights in an apparent effort to evade judicial review while also refusing to provide any helpful information.\u201d He added, \u201cThose later-discovered flight movements, however, were obscured from the Court when the hearing resumed shortly after 6:00 p.m. because the Government surprisingly represented that it still had no flight details to share.\u201d<\/p>\n

<\/a>1-b. \u201c[M]indful of the possibility \u2026 that the Government has adopted and presented its arrangement with El Salvador as a \u2018ruse \u2014 and a fraud on the court\u2019\u201d<\/h3>\n

Chief Judge James E. Boasberg (Bush appointee; Obama appointee), J.G.G. v. Trump<\/em><\/a>, 1:25-cv-00766 (D.D.C.)<\/p>\n

The case involved the Trump administration\u2019s invocation of the Alien Enemies Act to deport alleged members of the Venezuelan Tren de Aragua gang.<\/p>\n

In a Jun. 4 preliminary injunction<\/a>, Judge Boasberg held that the plaintiffs had not yet provided \u201crobust evidence\u201d disproving the government’s claim that El Salvador was responsible for the CECOT detainees, but he nevertheless expressed serious doubt about the Government\u2019s account and the consistency of its representations.<\/p>\n

\n

\u201c[t]he Court must therefore at this point accept the Government\u2019s representations as to the nature of the CECOT Plaintiffs\u2019 ongoing detention, despite their incongruity with multiple public statements made by both Salvadoran and U.S. officials<\/strong> \u2026<\/p>\n

The Court is nonetheless mindful of the possibility<\/strong>, raised by Plaintiffs, that the Government has adopted and presented its arrangement with El Salvador as a \u2018ruse \u2014 and a fraud on the court<\/strong> \u2014 designed to maintain control over the detainees beyond the reach of the writ.\u2019 \u2026<\/p>\n

The Court nonetheless reminds the Government that any official who makes knowingly false statements in a sworn declaration subjects himself to perjury prosecution<\/strong>.\u201d (citation omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a><\/a>2. Placing attorney on leave for his compliance with \u201cthe duty of candor to the court\u201d<\/h3>\n

<\/a>Judge Stephanie Thacker (Obama appointee), Judge Robert King (Clinton appointee), Abrego Garcia v. Noem<\/em><\/a>,\u00a0<\/em>25-1345 (4th Cir.)<\/p>\n

This case challenged the Trump administration\u2019s acknowledged wrongful removal of Kilmar Abrego Garcia to El Salvador.<\/p>\n

In an Apr. 7 order<\/a>, the Fourth Circuit noted that the government attorney in the district court hearings, in accordance with his duty of candor to the court, acknowledged parts of the administrative record not in the government\u2019s favor, but, as a result, the Justice Department placed him on administrative leave.<\/p>\n

\u201cConsistent with this reality, the Government attorney appearing before the district court at the April 4 hearing candidly admitted that no order of removal is part of the record in this case,\u201d the Fourth Circuit wrote. The judges also noted that the Government attorney conceded, consistent with an ICE official\u2019s Declaration<\/a>, that Abrego Garcia should not have been removed from the United States due to a immigration court order prohibiting his transfer to El Salvador.<\/p>\n

The Fourth Circuit made an unusual statement in writing: \u201cin response to the candid responses by the Government attorney to the district court\u2019s inquiry, that attorney has been put on administrative leave, ostensibly for lack of \u2018zealous[] advocacy.\u2019 . . . But, the duty of zealous representation is tempered by the duty of candor to the court, among other ethical obligations, and the duty to uphold the rule of law, particularly on the part of a Government attorney.\u201d<\/p>\n

<\/a>3. Providing \u201chighly misleading, if not intentionally false\u201d sworn declaration to the court; \u201cso disingenuous that the Court is left with little confidence that the defense can be trusted to tell the truth about anything\u201d<\/h3>\n

Judge Amy Berman Jackson (Obama appointee), National Treasury Employees Union v. Vought<\/em><\/a>, 1:25-cv-00381 (D.D.C.)<\/p>\n

This case involves the Trump administration\u2019s efforts to dismantle the Consumer Financial Protection Bureau.<\/p>\n

In a March 28 opinion<\/a> granting a preliminary injunction, Judge Jackson scolded the government for a false sworn declaration:<\/p>\n

\n

\u201cThis rosy depiction of events, designed to assuage the Court, was accompanied by the February 24, 2025 Declaration of Adam Martinez, the Chief Operating Officer of the CFPB, First Martinez Decl., which was a carefully worded and highly selective account that was immediately contradicted by a second series of declarations and exhibits submitted by the plaintiffs<\/strong>. The defendants\u2019 witness was then placed in the awkward position of submitting another declaration, in which he acknowledged the accuracy of the facts set forth by plaintiffs\u2019 declarants, including their accounts of his own statements<\/strong>, but he still voiced the assurance that the agency was complying with its statutory obligations.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

Jackson concluded:<\/p>\n

\n

\u201cIt is now clear to the Court that the omissions from the first declaration rendered it to be highly misleading, if not intentionally false<\/strong>. Defendants\u2019 initial effort to persuade the Court in their opposition that employees were hard at work on their statutory duties even after they were ordered to stand down on February 10 has been shown to be unreliable and inconsistent with the agency\u2019s own contemporaneous records<\/strong>, and the defendants\u2019 eleventh hour attempt to suggest immediately before the hearing that the stop work order was not really a stop work order at all was so disingenuous that the Court is left with little confidence that the defense can be trusted to tell the truth about anything<\/strong>.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a><\/a>4. \u201cDefendants\u2019 plea for a presumption of good faith rings hollow when their own actions contradict their representations.\u201d<\/h3>\n

Judge Loren L. Alikhan (Biden appointee), National Council of Nonprofits v. Office of Management and Budget<\/em><\/a>, 1:25-cv-00239-LLA (D.D.C.)<\/p>\n

This case involves a memorandum from the Office of Management and Budget (OMB) requiring federal agencies to pause any activities implicated by executive orders.<\/p>\n

On Feb. 3, Judge Alikhan granted<\/a> a temporary restraining order enjoining the administration from implementing the directives in the OMB memorandum and requiring the administration to provide written notice to all relevant agencies. In the order, stated:<\/p>\n

\n

\u201cDefendants claim that they have ended any allegedly unlawful activity by retracting memorandum M-25-13. Even taking the rescission at face value, however, Defendants have not convincingly shown that they will refrain from \u201cresum[ing] the challenged activity\u201d in the future. As evidenced by the White House Press Secretary\u2019s statements, OMB and the various agencies it communicates with appear committed to restricting federal funding<\/strong>. If Defendants retracted the memorandum in name only while continuing to execute its directives, it is far from \u2018absolutely clear\u2019 that the conduct is gone for good. …<\/p>\n

Defendants \u2026 protest that such a conclusion \u2018would be contrary to the presumption of good faith that courts routinely accord the government when assessing voluntary cessation.\u2019… Here, Defendants\u2019 plea for a presumption of good faith rings hollow when their own actions contradict their representations<\/strong>.\u201d<\/p>\n<\/blockquote>\n

<\/a><\/a>5. Providing false sworn declarations about \u201chotly contested\u201d material fact; \u201cThe Court was given false information, upon which it relied, twice, to the detriment of a party at risk of serious and irreparable harm.\u201d<\/h3>\n

<\/a>Judge Brian E. Murphy (Biden appointee), D.V.D. v. U.S. Department of Homeland Security<\/em><\/a>, 1:25-cv-10676 (D. Mass.)<\/p>\n

This case involved, inter alia<\/em>, the removal of O.C.G., a Guatemalan national, to Mexico without a \u201cmeaningful opportunity\u201d to raise a fear-of-torture claim.<\/p>\n

In opposing plaintiffs\u2019 request for emergency relief, DOJ submitted a sworn declaration<\/a> by an assistant field office director for ICE\u2019s Phoenix Enforcement and Removal Operations (ERO), stating that on or about Feb. 21\u2014just prior to O.C.G.\u2019s removal\u2014ERO officers verbally asked whether he feared return to Mexico, and that O.C.G. \u201cstated he was not afraid.\u201d DOJ counsel repeated this claim<\/a> in briefing opposing the motion for a preliminary injunction. As a result, in its Apr. 18 order, the court declined<\/a> to direct O.C.G.\u2019s return\u2014citing a \u201chotly contested\u201d factual dispute between the government\u2019s \u201chearsay\u201d declaration and O.C.G.\u2019s sworn account (that he was never asked and begged to speak to his attorney)\u2014and ordered expedited discovery.<\/p>\n

However, on May 16, 2025\u2014during the course of that discovery, and\u00a0just hours before the ICE official who submitted the declaration was scheduled to be deposed<\/em>\u2014DOJ filed a \u201cNotice of Errata\u201d<\/a> retracting the declaration and admitting that it could not \u201cidentify any officer who asked O.C.G. whether he had a fear of return to Mexico[, nor could it identify] the officer who O.C.G. states \u2018told [him] that he was being deported to Mexico.\u2019\u201d The government acknowledged<\/a> that its prior misrepresentation was based not on direct communication but on a data entry in ICE\u2019s ENFORCE Alien Removal Module database.<\/p>\n

In its May 23, 2025 order granting a preliminary injunction<\/a> directing the government to \u201ctake all immediate steps \u2026 to facilitate the return of O.C.G. to the United States,\u201d the court censured the Government in strong terms: \u201cFinally, it must be said that, while mistakes obviously happen, the events leading up to this decision are troubling. The Court was given false information, upon which it relied, twice, to the detriment of a party at risk of serious and irreparable harm<\/strong>\u201d (emphasis added).<\/p>\n

(O.C.G. was subsequently able to return<\/a> to the United States.)<\/p>\n

<\/a>6. Providing the court with \u201cthe sorriest statement I\u2019ve ever seen;\u201d \u201cThis is a terrible, terrible affidavit. If this were before me in a criminal case and you were asking to get a warrant issue on this, I\u2019d throw you out of my chambers.\u201d<\/h3>\n

Judge Leonie M. Brinkema (Clinton appointee), Sanchez Puentes v. Charles<\/em><\/a>, 1:25-cv-00509 (E.D. Va.)<\/p>\n

The case involved a habeas challenge by a Venezuelan couple, whom ICE detained in March 2025 (while they held Temporary Protected Status) based on allegations that they were members of Tren de Aragua.<\/p>\n

At a Mar. 28, 2025 hearing granting the petition for a writ of habeas corpus, Judge Brinkema criticized the affidavit of an ICE assistant director\u2014the government\u2019s only evidence offered to justify detention on the basis that the couple were alleged Tren de Aragua members\u2014stating<\/a>:<\/p>\n

\n

\u201c[I]t is the sorriest statement I\u2019ve ever seen<\/strong>. First of all, it\u2019s pure hearsay. \u2026 This is a terrible, terrible affidavit. If this were before me in a criminal case and you were asking to get a warrant issue on this, I\u2019d throw you out of my chambers.<\/strong> No agent should do this type of editorializing, not when people\u2019s liberty is at stake.\u00a0I expect more from the government than this kind of very shoddy work<\/strong>. This is assumptions and putting words in people\u2019s mouths. \u2026 I was shocked when I saw it.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a><\/a>7. \u201cThis Court takes clear offense to Respondents wasting judicial resources to admit to the Court it has no evidence;\u201d \u201ccontradict[ing] themselves throughout the entire record;\u201d providing \u201cshoddy affidavits and contradictory testimony.\u201d<\/h3>\n

Judge David Briones (Clinton appointee), Sanchez Puentes v. Garite<\/em><\/a>, 3:25-cv-00127 (W.D. Tex.)<\/p>\n

This case also involves a habeas corpus challenge by a Venezuelan couple whom the government alleged to be Tren de Aragua members.<\/p>\n

On Apr. 21, denying the government\u2019s motion to extend time to respond to the petitioners\u2019 amended petition for a writ of habeas corpus, Judge Briones said<\/a>:<\/p>\n

\n

\u201cTo date, Respondents have not provided this Court with a single reason as to why Petitioners have been designated as Alien Enemies. To date, Respondents have not provided this Court with a single reason as to whether Petitioners\u2019 \u2018circumstances have materially change[d]\u2019 which would warrant rearrest and incarceration by ICE. To date, Respondents have not provided the Court with any information that would be materially helpful in determining whether Petitioners are being unlawfully detained in violation of their TPS protections during the appeal period. Respondents have known about the instant habeas petition for at least six days. Respondents could have filed their response, which was due on April 21, 2025, providing the Court with even a reason or two as two (sic)<\/em> why Petitioners\u2019 habeas petition should be denied, while also requesting an extension of time, but rather than putting in the slightest bit of effort, Respondents instead just asked for more time. To date, Respondents have not provided the Court with anything useful.\u201d<\/p>\n<\/blockquote>\n

On Apr. 25, granting the petitioners petition for amended petition for a writ of habeas corpus, Judge Briones wrote<\/a>:<\/p>\n

\n

\u201cRespondents declare, without providing this Court with a single piece of meaningful evidence, that \u2018Petitioners are members of Tren de Aragua.\u2019 \u2026 Of great concern to this Court is that Respondents contradict themselves throughout the entire record<\/strong>. \u2026 [T]he April 23, 2025 Habeas Corpus hearing in this Court, Respondents and the Government based the entirety of their case on multiple levels of hearsay, hidden within declarations of declarants who have no personal knowledge about the facts they are attesting to. … What is astonishing is that these declarants cannot even so much as identify what government official did receive the alleged information directly.<\/strong> Respondents ask this Court to accept their claims, going off of nearly nothing, to substantiate their mammoth claims. … The Court would not accept this evidence even in a case where only nominal damages were at stake, let alone what is at stake here. Beyond these shoddy affidavits and contradictory testimony<\/strong>, Respondents haven’t provided ‘membership’ at all as it relates to Petitioner Sanchez Garcia … This Court takes clear offense to Respondents wasting judicial resources to admit to the Court it has no evidence<\/strong>, yet seek to have this Court determine Petitioner Sanchez Puentes is ‘guilty by association.’ This Court found no need to even allow closing arguments as to Petitioner Sanchez Puentes at the April 23, 2025 Habeas Corpus Hearing. \u2026 It is this Court’s finding that Respondents\u2019 Response and testimony was replete with conclusions, declarations, and accusations, completely and wholly unsubstantiated by anything meaningful in the record.” (emphasis added).<\/a><\/a><\/p>\n<\/blockquote>\n

<\/a><\/a>8-a. Solicitor General providing inaccurate information to the U.S. Supreme Court<\/h3>\n

Judge Susan Illston (Clinton appointee), American Federation of Government Employees, AFL-CIO v. Trump<\/em><\/a>, 3:25-cv-03698 (N.D. Cal.)<\/p>\n

The case involved a <\/span>challenge to the administration\u2019s<\/span> reductions in force across several departments and agencies.<\/span><\/p>\n

On Jul. 28, in an unusual step, the district court judge submitted a statement<\/a> to the Ninth Circuit explaining that the U.S. Solicitor General had presented overstated figures to the U.S. Supreme Court in a stay application in the litigation. The government had claimed that the district court injunction prohibiting reductions in force of government employees included several agencies and positions that were not actually subject to the injunction. Judge Illston called the discrepancy \u201cnot insignificant,\u201d and said it underscored the need for accurate fact-finding overriding any deliberative-process privilege.<\/p>\n

8-b. Government submitted \u201cunderinclusive\u201d RIF figures in response to the court\u2019s order; three declarations claiming months of background work on potential RIF plans were deemed contrary to the \u201cfactual record\u201d<\/h3>\n

Judge Susan Illston (Clinton appointee), <\/span>American Federation of Government Employees, AFL-CIO v. Trump<\/span><\/i><\/a>, 3:25-cv-03698 (N.D. Cal.) and <\/span>American Federation of Government Employees, AFL CIO v. United States Office of Management and Budget<\/span><\/i><\/a>, 3:25-cv-08302 (N.D. Cal.) (related cases)<\/span><\/p>\n

These related cases involve challenges to the administration\u2019s reductions in force (RIFs) of federal employees across several departments and agencies, including RIFs planned in connection with the government shutdown.<\/span><\/p>\n

Following Judge Illston\u2019s Oct. 15 <\/span>temporary restraining order<\/span><\/a> (modified on Oct. 17 and Oct. 22), which addressed OMB\u2019s Sept. 24 \u201cLapse Memorandum” and OPM\u2019s Sept. 28 shutdown guidance and directed defendants to file \u201can accounting of all RIFs, actual or imminent, that are enjoined by this TRO,\u201d the government submitted agency declarations on Oct. 17. Granting a <\/span>preliminary injunction<\/span><\/a> on Oct. 28, Judge Illston observed that \u201c[t]he full scope of the RIFs that have been planned or administered remains unclear based on the declarations defendants have filed.\u201d She further explained that the agency declarations \u201cgenerally do not describe other RIFs planned or administered by the defendant agencies and they do not account for the \u2018north of 10,000\u2019 people OMB Director Vought stated on Oct. 15 that he expected would be RIF\u2019d during the shutdown.\u201d Accordingly, the court concluded that \u201c<\/span>the figures provided below are likely underinclusive<\/b> of the total number of RIFs that have been planned or administered in response to the shutdown\u201d (emphasis added). Further, the court dismissed the government\u2019s claim, repeated in three separate declarations, that it had spent months developing potential RIF plans, explaining that \u201cthe factual record reveals otherwise.\u201d Judge Illston wrote:
\n<\/span><\/p>\n

\u201c<\/span>Finally<\/span><\/i>, defendants state that the factual record refutes plaintiffs\u2019 contention that RIFs were unduly hasty. \u2026 The Court does not agree. \u2026 Instead, here agencies are rapidly laying off thousands of public employees during a temporary lapse in funding. Defendants argue that they took sufficient time considering whether to administer RIFs, <\/span>citing three agency declarations that state they have been working on potential RIF plans for months.<\/b> \u2026 <\/span>The factual record reveals otherwise.<\/b> RIF notices are going out with errors in them; they are being sent to employees\u2019 work e-mail addresses, which furloughed employees have been told they may not check; they are being issued in error and rescinded shortly after; they are being issued by Human Resources staff called back to work on RIFs and then ordered to RIF themselves. \u2026 In sum, it has been a tumultuous process pervaded by errors and uncertainty.\u201d (citations omitted) (emphasis added). <\/span><\/p><\/blockquote>\n

<\/a><\/a>9. \u201cFlip-flopping\u2014in sworn declarations\u2014rais[ing] severe concern,\u201d \u201cconsistently refused to give \u2026 the full story,\u201d providing \u201ccagey answers,\u201d \u201comitting key information,\u201d and \u201crepeated[ ] represent[ations]\u201d that \u201cstrain credulity.\u201d<\/h3>\n

Judge Royce C. Lamberth (Reagan appointee), Abramowitz. v. Lake<\/em><\/a>,1:25-cv-00887 (D.D.C.) and Widakuswara. v. Lake<\/em><\/a>, 1:25-cv-01015 (D.D.C.) (related cases)<\/p>\n

These cases involve the dismantling of the U.S. Agency for Global Media and the firing of journalists from the Voice of America (VOA) media outlet.<\/p>\n

In a Jul. 30 show-cause order addressing both cases, Judge Lamberth wrote<\/a> that the government had<\/p>\n

\n

\u201cconsistently refused to give the Court the full story<\/strong> regarding personnel actions. … the defendants continue to provide cagey answers and omit key information<\/strong>. … And perhaps more shockingly<\/strong>, on July 8\u2014the day this Court ordered a second round of supplemental briefing, and a full ten days before the defendants filed the second supplemental memorandum\u2014the defendants informed Plaintiff Michael Abramowitz that he would be removed from his position as Director of VOA. \u2026 However, the defendants made no mention of this monumental personnel decision in their filings to this Court.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

Lamberth further wrote<\/a> that the government was<\/p>\n

\n

\u201cproviding misleading and contradictory information … The defendants\u2019 descriptions of their activities are cryptic and even misleading … And troublingly, the crumbs of data provided suggest the defendants are ignoring several statutory mandates. \u2026 [T]he defendants have also made contradictory representations to the Court. \u2026 This sort of flip-flopping\u2014in sworn declarations\u2014 raises severe concern<\/strong> and provides yet another basis for entering a show cause order for the defendants to provide a truthful, accurate, and detailed plan regarding VOA\u2019s ongoing operations.\u201d<\/p>\n<\/blockquote>\n

<\/a>Update 1 (Oct. 15, 2025)<\/u><\/strong>:<\/p>\n

In a Sept. 29 memorandum order<\/a> addressing enforcement of the Apr. 22 PI<\/a>, Judge Lamberth wrote that defendants and DOJ counsel \u201crepeatedly represented\u201d\u2014both on paper and at the Aug. 25 hearing\u2014that any reduction in force (RIF) was only a \u201cpossibility\u201d and subject to \u201cuncertainty.\u201d Given what followed, he concluded those representations \u201cstrain credulity.\u201d<\/p>\n

<\/a>10. \u201cThe \u2018administrative record\u2019 submitted by the government is a sham. It does not facilitate judicial review: It frustrates it;\u201d judge calls out government for \u201clie\u201d in termination letters, and for DOJ preventing testimony because \u201cafraid \u2026 would reveal the truth\u201d<\/h3>\n

Judge William Alsup (Clinton appointee) American Federation of Government Employees, AFL-CIO v. United States Office of Personnel Management<\/em><\/a>, 3:25-cv-01780 (N.D. Cal.)<\/p>\n

This case involves the government\u2019s efforts to significantly reduce the federal workforce\u2019s probationary employees via termination letters that criticized workers\u2019 \u201cperformance.\u201d<\/p>\n

In a Mar. 13 hearing in which Judge Alsup issued an injunction from the bench, the court criticized<\/a> the administration, calling the letters a \u201cgimmick\u201d and saying, \u201cIt is sad \u2013 a sad day \u2013 when our government would fire some good employee and say it was based on performance when they know good and well that\u2019s a lie. \u2026 That should not have been done in our country. It was a sham in order to try to avoid statutory requirements.\u201d In a subsequent memorandum opinion<\/a>, the court elaborated that the OPM\u2019s template termination letter claiming performance problems \u201cwas an obvious pretext intended to obstruct appeal and avoid statutory and regulatory reduction-in-force procedures (for example, the honoring of veteran preferences in the order of retention).\u201d At the Mar. 13 hearing, responding to the government\u2019s apparent gamesmanship\u2014namely, submitting OPM Acting Director Charles Ezell\u2019s sworn declaration<\/a> that asserted OPM did not direct the firings, then withdrawing<\/a> it and refusing to produce him for court-ordered cross-examination\u2014Judge Alsup admonished DOJ, saying<\/a>, \u201cYou can\u2019t just say, \u2018Here\u2019s the declaration. You have to accept it without question\u2019 whenever there is a question.\u201d He continued<\/a>:<\/p>\n

\n

\u201cYou will not bring the people in here to be cross-examined. You\u2019re afraid to do so because you know cross-examination would reveal the truth.<\/strong> \u2026 This is the U.S. District Court. Whenever you submit declarations, those people should be submitted to cross-examination, just like the plaintiffs’ side should be. \u2026 [T]hen we get at the truth of whether that’s what — your story is actually true. I tend to doubt it. I tend to doubt that you’re telling me the truth\u00a0<\/strong>whenever we hear all the evidence eventually. \u2026 And you withdrew his declaration rather than do that? Come on. That’s a sham.\u00a0<\/strong>Go ahead. I’m —\u00a0it upsets me. I want you to know that.<\/strong> I’ve been practicing or serving in this court for over 50 years, and I know how we get at the truth. And you’re not helping me get at the truth. You\u2019re giving me press releases, sham documents. All right. I’m getting mad at you and I shouldn’t. You\u2019re trying to do your best, and I apologize.<\/strong>\u201d (emphasis added).<\/p>\n<\/blockquote>\n

On Sept. 12, the district court granted summary judgment<\/a> to the plaintiffs. The court wrote:<\/p>\n

\n

\u201cThe \u2018administrative record\u2019 submitted by the government is a sham. It does not facilitate judicial review: It frustrates it.\u00a0<\/strong>\u2026<\/p>\n

The \u2018quote\u2019 proffered by government counsel James D. Todd Jr. is a fabrication<\/strong>. \u2026 The result: A statement concerning OPM authored and approved exemption categories becomes, by brackets, ellipses, and government counsel\u2019s chicanery<\/strong>, a shot through the heart of plaintiffs\u2019 case. Counsel\u2019s ersatz evidence fails to persuade.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a><\/a>11-a. Military experts\u2019 summaries \u201ccherry-picked,\u201d \u201cmischaracterized,\u201d and \u201cmisrepresented\u201d multiple studies to support the military\u2019s transgender ban: one summary was \u201cinexplicably misleading,\u201d another not drawn \u201cin good faith\u201d<\/h3>\n

<\/a>Judge Ana Reyes (Biden appointee), Talbott v. Trump<\/em><\/a>, 1:25-cv-00240 (D.D.C.)<\/p>\n

The case involved the Trump administration\u2019s efforts to ban transgender people from serving in the U.S. military, and to dishonorably discharge currently serving transgender service members.<\/p>\n

During a March hearing<\/a>, Judge Reyes pressed government counsel on the military\u2019s transgender ban, repeatedly questioning whether the military experts behind the policy had \u201ccherry-picked\u201d and \u201cmischaracterized\u201d the underlying studies and reports cited in support, had \u201cgrossly, misleadingly\u2014whether intentionally or unintentionally\u2014mischaracterized\u201d them, or had \u201cgrossly misquote[d] and misuse[d]\u201d portions of those materials. For example, she criticized how the Justice Department invoked a 2021 AMSARA report, a Department of Defense accession research study that appeared in DoD\u2019s own Action Memo but did not support the government\u2019s asserted justifications. Judge Reyes asked DOJ counsel, \u201cShould I defer to the military experts who cherry-picked one part of this study, misrepresented even that and ignored the rest of it,<\/strong> and ignored the obvious import of it?\u201d (emphasis added). She noted the study was actually used to support the Biden-era policy of including transgender personnel. Judge Reyes further said that \u201cthe two things that were quoted in the Hegseth policy were taken way out of context and mischaracterized even in the quotations that they had.\u201d<\/p>\n

During the hearing, Judge Reyes also expressed<\/a> disbelief that government counsel had not read any of three key reports the Hegseth policy cited.<\/p>\n

\n

\u201cTHE COURT: Okay. Have you not read that report?\u00a0<\/strong><\/p>\n

MR. MANION: I have not,<\/strong> Your Honor.<\/p>\n

THE COURT: So my clerk, Guillermo, and I had a conversation on Monday, because I had said, you know what, we should send out a minute order saying that I want counsel to be prepared to discuss the Mattis policy, the AMSARA report, and the 2025 Literature review. And there were a couple other things that we wanted you to be able to answer. And we looked at each other on Monday and was like we don\u2019t have to do that. Of course they’re going to be prepared.<\/strong> The Hegseth policy cites three reports, I mean, of course, they’re going to know what those reports are. But you don’t — you didn\u2019t read the reports.<\/strong><\/p>\n

MR. MANION: I have not<\/strong>, Your Honor.<\/p>\n

THE COURT: Okay. Do you think it’s important, when the Court is reviewing the only three reports that the Hegseth policy cites, to understand whether those reports actually say what the Hegseth policy quoted?\u201d (emphasis added).<\/p>\n<\/blockquote>\n

In a Mar. 18 preliminary injunction<\/a>, Judge Reyes further underscored the government\u2019s Action Memo had misrepresented several studies to justify the transgender military ban. The court said its summary of the AMSARA report was \u201cinexplicably misleading,\u201d<\/strong> since the data actually showed transgender troops performing \u201csimilar or better\u201d in 10 of 11 categories (emphasis added). Likewise, its summary of the 2025 Medical Literature Review was so distorted that \u201cno one summarizing the Review in good faith could draw these conclusions\u201d\u00a0<\/strong>(emphasis added). On cost, the court rejected reliance on a bare number \u201cdevoid of any context or analysis,\u201d warning that if such reasoning were accepted \u201ccourts would have to accept any cost amount the military cites to justify any policy.\u201d<\/p>\n

Judge Reyes also refused to \u201cblindly\u201d defer to military judgment, writing: <\/a><\/p>\n

\n

\u201cYes, the Court must defer. But not blindly. The President issued EO14183 within seven days of taking office, and Secretary Hegseth issued the Policy thirty days later. There is no evidence that they consulted with uniformed military leaders before doing so. Neither document contains any analysis nor cites any data. They pronounce that transgender persons are not honorable, truthful, or disciplined\u2014but Defense counsel concedes that these assertions are pure conjecture.\u201d (emphasis added)<\/p>\n<\/blockquote>\n

<\/a>11-b. DOJ counsel in transgender military ban warned for treating the judge \u201clike\u2026 an idiot\u201d and attempting to \u201cgasli[ght]\u201d her<\/h3>\n

Judge Ana Reyes (Biden appointee), Talbott v. Trump<\/em><\/a>, 1:25-cv-00240 (D.D.C.)<\/p>\n

The case involved the Trump administration\u2019s efforts to ban transgender people from serving in the U.S. military, and to dishonorably discharge currently serving transgender service members.<\/p>\n

During a Mar. 21 hearing, Judge Reyes reportedly admonished government counsel for asserting that the ban was focused on people with gender dysphoria, stating<\/a>: \u201cI am not going to abide by government officials saying one thing to the public\u2014what they really mean to the public\u2014and coming in here to the court and telling me something different, like I\u2019m an idiot,\u201d emphasizing, \u201cI am not an idiot\u201d She reportedly said<\/a>, \u201cThe idea that you all can just come in here and pretend that what\u2019s happening isn\u2019t actually happening is totally unacceptable,\u201d in addition to saying<\/a>, \u201cThe court is not going to be gaslit\u201d\u00a0<\/strong>(emphasis added).<\/p>\n

<\/a>12. Providing false and incomplete information concerning DOGE\u2019s leadership and authorities<\/h3>\n

Judge Theodore D. Chuang (Obama appointee), J. Doe 4 v. Musk<\/em><\/a>, 8:25-cv-00462 (D. Md)<\/p>\n

Judge Tanya Chutkan (Obama appointee), New Mexico v. Musk<\/em><\/a>, 1:25-cv-00429 (D.D.C.)<\/p>\n

Judge Kollar-Kotelly (Reagan appointee; Clinton appointee), Alliance for Retired Americans v. Bessent<\/em><\/a>, 1:25-cv-00313 (D.D.C.)<\/p>\n

These cases involve challenges to DOGE\u2019s activities and, at the time, Elon Musk\u2019s constitutional authority. Across different cases, judges critiqued the Trump administration for its failure to provide straightforward answers regarding DOGE\u2019s leadership and authority.<\/p>\n

Feb 17: False claim that Musk was not head of DOGE, and false claim that DOGE did not have authority over personnel actions<\/u>:<\/p>\n

On Feb. 17, Joshua Fisher, the Director of the White House Office of Administration, stated<\/a> in a sworn declaration in New Mexico v. Musk<\/em> that Elon Musk was a Senior Advisor to the President and was not employed by or the administrator of DOGE. Fisher also stated that Musk\u2019s role gave him \u201cno actual or formal authority to make government decisions himself. Mr. Musk can only advise the President and communicate the President\u2019s directives.\u201d In an accompanying notice<\/a>, the Department of Justice asserted that they were \u201cnot aware of any source of legal authority granting\u201d DOGE \u201cthe power to order personnel actions at any of the agencies\u201d in question, and that \u201c[n]either of the President\u2019s Executive Orders regarding \u2018DOGE\u2019 contemplate\u2014much less furnish\u2014such authority.\u201d<\/p>\n

In a Feb. 18 opinion denying a motion for a temporary restraining order against DOGE, Judge Tanya Chutkan implicitly rejected Fisher\u2019s declaration, noting<\/a> that \u201cElon Musk directs the work of DOGE personnel but is formally classified as a \u2018special government employee.\u2019\u201d In a footnote, Chutkan further wrote<\/a> that the \u201cplain text\u201d of the DOGE Executive Orders \u201c\u2018contemplates\u2019 DOGE\u2019s authority over personnel actions. Defense counsel is reminded of their duty to make truthful representations to the court<\/strong>\u201d (emphasis added).<\/p>\n

In a separate case, Judge Theodore D. Chuang would also go on to more directly reject<\/a> the Fisher sworn declaration in favor of the plaintiffs\u2019 evidence finding that \u201cMusk was, at a minimum, likely the official performing the duties and functions of the USDS Administrator.\u201d<\/p>\n

Feb. 24: Inability or refusal to inform court who was head of DOGE at the time<\/u>:<\/p>\n

On Feb. 24, Judge Colleen Kollar-Kotelly repeatedly<\/a> asked\u00a0<\/a>Justice Department attorney Bradley Humphreys who was the head of DOGE while it was a component of the Office of Management and Budget and whether that person was a Schedule C government employee. Humphreys repeatedly said that he did not know the answer. Humphreys also said that he could not answer what Musk\u2019s role was in DOGE, who was the current administrator of DOGE, or even whether there was a person acting as DOGE administrator.<\/p>\n

Feb 28: Inability or refusal to inform court who was head of DOGE before Gleason<\/u>:<\/p>\n

On Feb. 28, after the administration had identified Amy Gleason as the head of DOGE, Judge Theodore Chuang asked<\/a> a government attorney to identify who had led DOGE before Gleason and to clarify Musk\u2019s role with the government. The government attorney repeatedly said he could not answer Judge Chuang\u2019s question.<\/p>\n

\n

Judge Chuang: Who was the head of DOGE before Amy Gleason?<\/p>\n

Government counsel: I can\u2019t answer that, I don\u2019t know.<\/p>\n

Judge Chuang: I mean, that seems like a knowable fact, doesn\u2019t it?<\/p>\n

Government counsel: I\u2019m sure it is knowable; I just don\u2019t know it. \u2026<\/p>\n

Judge Chuang: Have you asked anyone?<\/p>\n

Government counsel: I have not asked \u2026. Actually, strike that. I have asked previously, and I was not able to get [an] answer.<\/p>\n<\/blockquote>\n

During the hearing, Judge Chuang said<\/a>, \u201cThe plaintiffs are saying Musk was the head of DOGE. You\u2019re saying he wasn\u2019t, but we can\u2019t tell you who was, which admittedly is highly suspicious . . . I\u2019m not saying that you\u2019re not being candid, but the whole operation raises questions.\u201d<\/p>\n

In a May 27 memorandum opinion<\/a> denying the administration\u2019s motion to dismiss charges against DOGE and Musk in New Mexico v. Musk<\/em>, Judge Chutkan also rejected the government\u2019s representations regarding DOGE\u2019s leadership. In the order, Judge Chutkan wrote that the government had \u201cunsuccessfully attempt[ed] to minimize Musk\u2019s role, framing him as a mere advisor without any formal authority,\u201d and that the \u201cStates have sufficiently pleaded that [Musk\u2019s] position qualifies as \u2018continuing and permanent, not occasional or temporary.\u201d<\/p>\n

<\/a><\/a>13. Failing to \u201cto offer any explanation, let alone one supported by the record;\u201d court saying \u201ccan\u2019t get a straight answer from you\u201d<\/h3>\n

Judge Amir H. Ali (Biden appointee), AIDS Vaccine Advocacy Coalition v. U.S. Department of State<\/em><\/a>, 1:25-cv-00400 (D.D.C.) and Global Health Council v. Trump<\/em><\/a>, 1:25-cv-00402 (D.D.C.)<\/p>\n

These cases involve the Trump administration\u2019s freeze on Congressionally-allocated humanitarian assistance and other foreign aid. Following the court\u2019s Feb. 13 TRO<\/a>, Judge Ali voiced<\/a> frustration at apparent noncompliance, telling the government: \u201cI don\u2019t know why I can\u2019t get a straight answer from you.\u201d<\/strong> In a Mar. memorandum opinion<\/a> granting in part a preliminary injunction requiring the administration to pay for aid work already completed by contractors and foreign assistance groups, Judge Ali wrote that the government had \u201cyet to offer any explanation, let alone one supported by the record<\/strong>, for why a blanket suspension . . . was a rational precursor to reviewing programs.\u201d Ali wrote that the government had \u201cnot proffered any evidence\u201d to support their assertion that waivers offered by the Department of State \u201cprovided any meaningful relief from the blanket freeze.<\/p>\n

<\/a><\/a>14. DOJ bid to seal the entire criminal case raised concerns of pretext; \u201cHigh deference is out; trust, but verify is in.\u201d<\/h3>\n

Judge Zia Faruqui (appointed by D.D.C.), In re: Search of One Device and Two Individuals<\/em><\/a>, 25-sw-82 (D.D.C.)<\/p>\n

This case involves efforts to unseal documents related to a search warrant for a defendant\u2019s phone and cloud-based data.<\/p>\n

In a May 29 order<\/a> denying the government\u2019s attempt to keep the entire case under seal, Judge Zia Faruqui doubted the government\u2019s explanation (suggesting it was a pretext): \u201cGiven how weak the government\u2019s argument of harm to the investigation is, the Court cannot help but ask if there are other reasons animating its request. Perhaps the government is embarrassed about trying to forcibly search an innocent [redaction] or having a warrant rejected given how rare that is?\u201d Judge Faruqui also rejected the claim that courts should be highly deferential to the government\u2019s determination that unsealing would impede the investigation, in which he wrote: \u201cHigh deference is out; trust, but verify is in.\u201d<\/p>\n

The judge also doubted the government\u2019s claim of urgency to search the individual\u2019s phone: \u201cOn April 24, 2025, the government claimed there was great urgency surrounding its request to search [redacted] phone. But its actions reflect otherwise. Over a month has passed, and the government still has not filed an appeal of the May 6 Order denying the request to search [redacted] phone.\u201d<\/p>\n

<\/a><\/a>15. Mischaracterizing the content of sealed grand jury documents in court filings<\/h3>\n

Paul Engelmayer (Obama appointee), United States v. Ghislaine Maxwell<\/em><\/a>, 1:25-cv-00429 (D.D.C.)<\/p>\n

This case involves the Trump administration\u2019s efforts to unseal grand jury transcripts and exhibits in the case against Ghislaine Maxwell, who was convicted of five felonies stemming from her role in Jeffrey Epstein\u2019s child sex trafficking conspiracy.<\/p>\n

On Aug. 11, Judge Engelmayer denied<\/a> the motion to unseal exhibits. In the opinion accompanying the order, Engelmayer wrote that the government\u2019s \u201cinvocation of special circumstances\u201d justifying unsealing the documents \u201cfails at the threshold.\u201d Engelmayer wrote that \u201c[t]he Government\u2019s submissions\u201d supporting the motion \u201cwere telling\u201d in that they \u201cbelied the Government\u2019s claim, in its motion to unseal, that the Maxwell grand jury materials contained significant, undisclosed information about Epstein\u2019s and Maxwell\u2019s crimes, or the investigation into them.\u201d Specifically, the submissions indicated that, contrary to the administration\u2019s assertions, the grand juries \u201cwere not used for investigative purposes\u201d and that the evidence before them \u201cis today, with only very minor exceptions, a matter of public record.\u201d Engelmayer concluded that, \u201c[i]nsofar as the motion to unseal implies that the grand jury materials are an untapped mine lode of undisclosed information about Epstein or Maxwell or confederates, they definitively are not that,\u201d and that someone seeking new information, as the government suggested, \u201cwould come away feeling disappointed and misled.\u201d<\/p>\n

Judge Engelmayer\u2019s opinion suggested the victims may have been misled by the mischaracterization of the grand jury materials in the government\u2019s motion to unseal:<\/p>\n

\n

\u201cThe victims\u2019 interest in reviewing the grand jury materials appears to be premised on the understandable but mistaken belief that these materials would reveal new information. The Government had, after all, publicly portrayed these as \u2018critical pieces of an important moment in our nation\u2019s history.\u2019 Motion to Unseal at 3. Had the Government\u2019s motion made clear that these records are redundant of the evidence at Maxwell\u2019s public trial, the victims\u2019 responses to the motion to unseal might well have been different.\u201d (citation omitted)<\/p>\n<\/blockquote>\n

<\/a><\/a>16. Making \u201cpatently incredible\u201d claims; Government \u201cswitching arguments at will,\u201d a \u201ctotally inconsistent\u201d case; and Government witness \u201cknows nothing \u2026 less than nothing\u201d<\/h3>\n

<\/a>Judge Paula Xinis (Obama appointee),Abrego Garcia v. Noem<\/em><\/a>,\u00a0<\/em>8:25-cv-00951 (D. Md.)<\/p>\n

The case involved the administration\u2019s admission that it unlawfully sent Kilmar Armando Abrego Garcia to El Salvador despite an immigration court order prohibiting removal to that country.<\/p>\n

In a Jul. 23 memorandum opinion<\/a> granting an emergency motion for an order directing the government to facilitate the plaintiff\u2019s release from El Salvador, Judge Xinis said she had convened an evidentiary hearing to \u201cget straight answers from the government,\u201d but said that \u201cwhen pressed for detail on the removal proceedings, counsel merely articulated what Defendants could do. Not what they would do,\u201d and that although counsel said the government\u2019s \u201cpresent intent\u201d was third-country removal, they could not identify \u201cwhat third country,\u201d insisting no decision would be made until Abrego Garc\u00eda was in ICE custody, a stance she called\u00a0\u201cpatently incredible.\u201d<\/strong> With witness testimony offering only \u201cminimal insight on the process\u201d under the DHS memorandum, the court was \u201cleft with no meaningful information\u201d and ordered production of the ICE detainer\u2014which \u201craised more questions than it answered.\u201d Judge Xinis cited the detainer\u2019s claim of \u201congoing removal proceedings\u201d despite defendants\u2019 admission there were none, calling the detainer \u201cthin cover\u201d for taking Abrego Garc\u00eda into custody in Tennessee and transferring him elsewhere, and concluding it \u201cconfirmed\u201d the government had no intention of returning him to supervision in Maryland to commence lawful proceedings.<\/p>\n

Update 1 (Oct. 15, 2025)<\/u><\/strong>:<\/p>\n

During an Oct. 10 evidentiary hearing on the government\u2019s asserted removal plans for Garc\u00eda\u2014including why the government had not pursued the Costa Rica option and whether it may continue detaining him\u2014Judge Xinis signaled sharp distrust of the government\u2019s information and representations. She reportedly<\/a> observed that the government seemed to be \u201cswitching arguments at will\u201d to prolong detention, producing a \u201ctotally inconsistent\u201d<\/strong> case, and told DOJ lawyers: \u201cYou\u2019re not even close\u2026 we\u2019re getting to \u2018three strikes and you\u2019re out<\/strong>\u2019\u201d (emphasis added). She also reportedly faulted the government\u2019s witness preparation and factual showing, noting she \u201chad very specific directions for what that witness should be prepared to testify about.\u201d Addressing DOJ counsel, she reportedly said: \u201cYou came here today with a witness who knows nothing about Costa Rica\u2014I mean, less than nothing,\u201d adding, \u201cHelp yourself dig out of this hole,\u201d and, \u201cThis is a joke for anyone who\u2019s listening\u201d<\/strong> (emphasis added). The court also reportedly<\/a> described as \u201cvery troubling\u201d the government\u2019s claim that Abrego told an immigration judge he feared persecution in Costa Rica, which was contradicted by the IJ\u2019s record.<\/p>\n

<\/a>17. Providing an \u201cexplanation [that] is riddled with inconsistencies\u201d<\/h3>\n

Judge Jeanette A. Vargas (Biden appointee), State of New York v. Trump<\/em><\/a>, 25-cv-01144 (S.D.N.Y.)<\/p>\n

This case involves a challenge to the Department of Government Efficiency (DOGE)\u2019s authority to access Treasury Department systems containing personally identifiable and financial information.<\/p>\n

Judge Vargas, granting<\/a> a preliminary injunction, found DOJ counsel\u2019s claim that the President\u2019s Executive Orders required immediate DOGE access to Treasury\u2019s BFS systems was \u201criddled with inconsistencies,\u201d noting the E.O. itself allowed 30 days and the new, untrained DOGE hires were not needed to implement the pauses.<\/p>\n

\n

\u201cWhen asked at the preliminary injunction hearing the reason for this accelerated process, counsel for the Government pointed to the urgency sparked by the President\u2019s Executive Orders. PI Hearing Tr. at 18:20-19:14. This explanation is riddled with inconsistencies. … the Court finds this explanation lacks credibility<\/strong> … artificial sense of urgency engendered by the Government\u2019s imposition of time limits on itself.\u201d (emphasis added)<\/p>\n<\/blockquote>\n

<\/a><\/a>18. Making representation that \u201cdoes not reflect the level of diligence the Court expects from any litigant\u2014let alone the United States Department of Justice;\u201d \u201cThe contradiction between [Government\u2019s] factual representations and the facts on the ground is particularly striking.\u201d<\/h3>\n

<\/a>Judge Colleen Kollar-Kotelly (Clinton appointee), League of United Latin American Citizens v. Executive Office of The President<\/em><\/a>, 1:25-cv-00946 (D.D.C.), Democratic National Committee v. Trump<\/em><\/a>, 1:25-cv-00952 (D.D.C.), and League of Women Voters Education Fund v. Trump<\/em><\/a>, 1:25-cv-00955 (D.D.C.) (consolidated cases)<\/p>\n

These cases involve challenges by nonpartisan voting rights organizations and Democratic Party committees to President Trump\u2019s Executive Order 14,248<\/a>, including Section 2(a), which directs the Election Assistance Commission (EAC) to \u201ctake appropriate action\u201d within 30 days to require \u201cdocumentary proof of United States citizenship\u201d on the national mail voter registration form and to have states record detailed information about the citizenship document used.<\/p>\n

On Apr. 24, granting<\/a> the plaintiffs\u2019 motions for preliminary injunctions as to Section 2(a) of the EO, Judge Kollar-Kotelly rejected the government\u2019s timing argument\u2014what the court described as \u201ca critical factual representation\u201d\u2014that the suits were premature because Section 2(a) \u201chas not even begun to be implemented\u201d and implementation \u201cmay never occur.\u201d The argument was advanced in their oppositions, supported by a declaration from EAC Executive Director Brianna Schletz, and repeated by DOJ counsel at the hearing on the motion. The court explained that the record showed the opposite: three days before DOJ filed its oppositions, EAC Executive Director Brianna Schletz had sent a letter to state election officials quoting from Section 2 and asking how they would implement those requirements \u201cif required,\u201d thereby confirming that the EAC had already begun acting on Section 2(a). As the court wrote:<\/p>\n

\n

\u201cThe letter reveals that\u2014contrary to Defendants\u2019 representations to the Court<\/strong>\u2014the EAC has, in fact, already begun to implement Section 2(a). The letter further reveals that\u2014contrary to Defendants\u2019 arguments in their Oppositions<\/strong>\u2014the EAC is not interpreting Section 2(a) as an open-ended suggestion to consider including a documentary-proof-of-citizenship requirement of an unknown form. Instead, the EAC, like the Court and Plaintiffs, reads Section 2(a) as an \u2018instruction\u2019 to adopt the precise documentary-proof-of-citizenship requirement outlined in the Executive Order.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

Notably, the court criticized Executive Director Schletz\u2019s declaration and DOJ\u2019s diligence, writing:<\/p>\n

\n

\u201cThe contradiction between Defendants\u2019 factual representations and the facts on the ground is particularly striking<\/strong> because Executive Director Schletz authored a declaration supporting Defendants\u2019 Oppositions that was filed three days after she sent the letter to the States. \u2026 When pressed, counsel for Defendants asserted that he \u2018had no knowledge of the letter.\u2019 \u2026 Indeed, even after receiving a copy of the letter from Plaintiffs\u2019 counsel, counsel for Defendants appeared to be operating under the \u2018understanding that the letter is dated three days after we submitted our opposition.\u2019 \u2026 When the Court explained to counsel that he had the dates exactly backwards, he replied: \u2018Fair enough.\u2019 \u2026 The Court is not currently of the mind that counsel for Defendants intentionally misrepresented the facts by failing to mention a letter authored by a declarant with whom he surely consulted. But the Court must remark that this exchange does not reflect the level of diligence the Court expects from any litigant\u2014let alone the United States Department of Justice.<\/strong>\u201d (citations omitted) (emphasis added)<\/p>\n<\/blockquote>\n

<\/a>19. Unrebutted claim that the government created a record as a \u201ccontrivance\u201d to avert court ruling<\/h3>\n

<\/a>Judge Stephanie A. Gallagher (Trump appointee) J.O.P. v. DHS<\/em><\/a>, 8:19-cv-01944-SA (D.Md.)<\/p>\n

Chief Judge Roger Gregory (W. Bush appointee) and Judge DeAndrea Gist Benjamin (Biden appointee), J.O.P. v. Dep\u2019t of Homeland Security<\/em><\/a>, 8:19-cv-01944 (4th Cir.)<\/p>\n

The case involved an individual deported to El Salvador in alleged violation of a judicially-enforced agreement that prohibited unaccompanied minors\u2019 removal from the United States prior to the final determination of their asylum claims.<\/p>\n

On Apr. 23, Judge Stephanie Gallagher (Trump appointee) ordered<\/a> the government to facilitate the return to the United States of \u201cCristian,\u201d a pseudonymous member of the class covered by the agreement who had been deported to El Salvador. At the time, Gallagher wrote that \u201cDefendants have provided no evidence, or even any specific allegations, as to how Cristian, or any other Class Member, poses a threat to public safety.\u201d<\/p>\n

On May 1, the United States Customs and Immigration Service (USCIS) produced an \u201cIndicative Asylum Decision\u201d asserting that, \u201cif Cristian were returned to the United States, it would deny his asylum application based on (1) terrorist-related inadmissibility grounds . . . and (2) as a matter of discretion.\u201d The Department of Justice presented the document to the court as demonstrating an \u201cadjudication on the merits\u201d that was the \u201cprecise relief\u201d Cristian sought.<\/p>\n

In a May 19 order<\/a> denying the government\u2019s motion for a stay of Gallagher\u2019s order pending appeal, the Fourth Circuit noted that \u201cthe Indicative Asylum Decision\u2014created five days after the district court\u2019s facilitation order was issued\u2014was not an authentic change in factual circumstances. Cristian contends that neither \u2018USCIS regulation, policy, [n]or practice\u2019 provides for \u2018Indicative Asylum Decisions,\u2019\u201d and that the decision was \u201ca \u2018litigation-driven\u2019 document\u2014a \u2018contrivance\u2019 \u2018created just for this case. The Government has no response to this charge\u2014a deafening silence.\u201d<\/p>\n

<\/a>20. Offering an \u201cofficial justification \u2026 [that] is not plausible\u201d<\/a><\/h3>\n

Judge Dabney L. Friedrich (Trump appointee), National Endowment for Democracy v. United States<\/em><\/a>, 1:25-cv-00648 (D.D.C.)<\/p>\n

The case involved the administration\u2019s withholding congressionally appropriated funds from the National Endowment for Democracy (NED).<\/p>\n

On Aug. 11, Judge Friedrich granted a preliminary injunction<\/a>, finding that the plaintiff was likely to succeed on their APA claims, including that the government violated the NED Act:<\/p>\n

\n

\u201c[R]ecord evidence clearly shows that the defendants are withholding funding for impermissible policy reasons. The State Department\u2019s full-year spending plan\u2014the sole document in the administrative record not created for purposes of this litigation\u2014explicitly states that the withheld funds are being \u2018subject to review for alignment with Administration priorities.\u2019 \u2026 Around that time, the Director of OMB urged the Senate to entirely defund the Endowment because of its alleged support of media organizations critical of the President and his allies. \u2026 An affidavit from the Director of the Bureau of Budget Planning at the State Department highlights that the withholding decision was made \u2018in consultation with OMB.\u2019 \u2026 Taken as a whole, that evidence leaves little doubt as to the defendants\u2019 motivations\u2014the Endowment\u2019s work does not align with \u2018Administration priorities.\u2019 \u2026<\/p>\n

The defendants\u2019 official justification<\/strong> for that withholding\u2014preserving the Endowment\u2019s funding stability for the coming year\u2014is not plausible<\/strong>. \u2026 These actions vitiate any inference that the defendants\u2019 concern has been to \u201censure\u201d the Endowment\u2019s \u201clevel of funding in the coming fiscal year.\u201d \u2026 Indeed, counsel for the State Department provided that rationale to the Endowment for the first time in a June 11 email, well after this litigation began. \u2026 In light of the defendants\u2019 repeated maneuvers to impede the Endowment\u2019s flow of funds, the Court does not find credible an explanation offered in the shadow of pending litigation.<\/strong>\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>21. Admission of making a false statement to the court<\/h3>\n

<\/a>Judge Timothy James Kelly (Trump appointee),\u00a0L.G.M.L v. Noem<\/em><\/a>, 1:25-cv-02942 (D.D.C.)<\/p>\n

This case involves the administration\u2019s plan to repatriate more than 600 unaccompanied Guatemalan minors in custody of the Department of Health and Human Services.<\/p>\n

On Aug. 31, Judge Sparkle L. Sooknanan (Biden appointee) issued a temporary restraining order<\/a> blocking immediate removals after reports that children were being placed on planes over Labor Day weekend.<\/p>\n

On Sept. 10, Judge Kelly held a preliminary injunction and class certification hearing. At that hearing, the government reportedly<\/a> acknowledged\u00a0<\/a>it had no evidence to support earlier statements it had made that the children\u2019s parents had requested their return and that those claims had been contradicted by a review<\/a> by the Guatemalan government. (At a prior hearing, the DOJ attorney had told<\/a> the court, \u201cAll of these children have parents or guardians in Guatemala who have requested their return.\u201d) The DOJ attorney did not contest evidence raised by the plaintiff that the Guatemalan government had been unable to locate many of the children\u2019s parents; and said<\/a> the DOJ\u2019s initial claims should be considered \u201cwithdrawn.\u201d<\/p>\n

<\/a>22. ICE mask testimony deemed \u201cdisingenuous\u201d<\/a><\/h3>\n

Judge William G. Young (Reagan appointee), American Association of University Professors v. Rubio<\/em><\/a> 1:25-cv-10685 (D. Mass)<\/p>\n

This case involves a challenge to the Trump administration\u2019s deportation policy, under Executive Orders 14,161<\/a> and 14,188<\/a>, which allegedly authorizes sweeping arrests, detentions, and deportations of noncitizen students and faculty participating in pro-Palestinian protests or related forms of expression and association.<\/p>\n

On Sept. 30, following a nine-day bench trial, Judge Young held<\/a> that the administration violated the First Amendment in efforts to deport non-citizens involved in pro-Palestinian campus protests. The court specifically addressed the government\u2019s testimony\u2014provided by defendant Todd Lyons, Acting Director of ICE, and by the masked ICE agents who seized student Mehmet \u00d6zt\u00fcrk\u2014which claimed that agents wore masks for legitimate operational and safety reasons. Judge Young wrote<\/a> that the court \u201crejects this testimony as disingenuous, squalid and dishonorable\u201d and found that ICE uses masks to intimidate people into \u201cquiescence.\u201d<\/p>\n

<\/a>23. ICE statistics \u201cconcealed more than they disclosed, despite the availability \u2026 of much more illuminating data\u201d and \u201cgives no confidence that the defendants are seriously interested in making a full disclosure\u201d<\/a><\/h3>\n

Judge Lewis A. Kaplan (Clinton appointee), Barco Mercado v. Noem<\/em><\/a>, 1:25-cv-06568 (S.D.N.Y.)<\/p>\n

This case involves a class action, brought by a detainee at ICE\u2019s 26 Federal Plaza, alleges overcrowding, inadequate medical care, and denial of access to counsel.<\/p>\n

On Sept. 17, granting<\/a> a preliminary injunction and provisionally certifying a Rule 23(b)(2) class of all immigration detainees held 12+ hours in ICE\u2019s 26 Federal Plaza hold rooms, Judge Kaplan criticized the government\u2019s evidentiary showings. The court wrote that declarations by the assistant field office director at ERO\u2019s New York City field office, \u201cin substantial measure avoided the thrust of plaintiff\u2019s factual showing and offered unpersuasive statistics that concealed more than they disclosed<\/strong> despite the availability to defendants of much more illuminating data<\/strong>\u201d (emphasis added). He added, \u201cThe response to the motions thus gives no confidence that the defendants are seriously interested in making a full disclosure<\/strong> of conditions in the 26 Fed Hold Rooms\u201d (emphasis added).<\/p>\n

<\/a>24-a. President\u2019s determination to federalize National Guard to Portland \u201csimply untethered to the facts\u201d and not \u201cconceived in good faith\u201d<\/a><\/h3>\n

Judge Karin J. Immergut (Trump appointee), <\/span>State of Oregon v. Trump<\/span><\/i><\/a>, 3:25-cv-01756 (D. Or.)<\/span><\/p>\n

This case challenges Secretary Hegseth\u2019s Sept. 28 memorandum<\/a> (\u201cHegseth Memorandum\u201d) authorizing the federalization and deployment of National Guard forces to Portland (Memorandum citing President Trump\u2019s Jun. 7 memorandum<\/a> invoking 10 U.S.C. \u00a7 12406 to authorize nationwide Guard mobilization).<\/p>\n

On Oct. 4, Judge Immergut granted<\/a> the plaintiffs\u2019 motion<\/a> for a temporary restraining order and enjoined the Hegseth Memorandum for 14 days, finding the federal government likely lacked authority under \u00a7 12406 to federalize Oregon\u2019s National Guard. The court rejected the government\u2019s reliance on \u00a7 12406(3) (allowing federalization when the President is \u201cunable with the regular forces to execute the laws of the United States\u201d). Assessing whether the President had invoked \u00a7 12406(3) based on \u201ca colorable assessment of the facts\u201d at the time of the invocation, Judge Immergut found that the President did not have a \u201ccolorable basis\u201d to federalize the National Guard because \u201cthe situation on the ground belied an inability of federal law enforcement officers to execute federal law. \u2026 The President\u2019s determination was simply untethered to the facts\u201d<\/strong> (emphasis added). While \u201cthe President is certainly entitled [to] \u2018a great level of deference\u2019\u201d (citation omitted), the court emphasized that such deference \u201cis not equivalent to ignoring the facts on the ground.\u201d Further, judge Immergut found that \u201cthe President\u2019s own statements \u2026 support that his determination was not \u2018conceived in good faith<\/em>\u2019 or \u2018in the face of the emergency and directly related to the quelling of the disorder or the prevention of its continuance\u201d (emphasis in original).<\/p>\n

On Oct. 8, the Ninth Circuit granted an <\/span><\/i>administrative stay<\/span><\/i><\/a> of the Oct. 4 TRO\u2019s block on federalizing the National Guard, but left in place the TRO\u2019s block on the deployment of the Guard to Portland.<\/span><\/i><\/p>\n

<\/a>24-b. Key federal testimony supporting federalization of the National Guard to Portland found \u201cinconsistent,\u201d \u201cspeculative,\u201d \u201cnot \u2026 reliable,\u201d \u201cinternally inconsistent,\u201d and not credible, permanent injunction concludes<\/h3>\n

Judge Karin J. Immergut (Trump appointee), State of Oregon v. Trump<\/em><\/a>, 3:25-cv-01756 (D. Or.)<\/p>\n

This case challenges Secretary Hegseth\u2019s Sept. 28 memorandum<\/a> (\u201cHegseth Memorandum\u201d) authorizing the federalization and deployment of National Guard forces to Portland (Memorandum citing President Trump\u2019s Jun. 7 memorandum<\/a> invoking 10 U.S.C. \u00a7 12406 to authorize nationwide Guard mobilization).<\/p>\n

On Nov. 2, following a bench trial, Judge Immergut issued a preliminary injunction<\/a> blocking implementation of the Hegseth Memorandum federalizing and deploying Oregon\u2019s National Guard pending a final merits decision. Even affording the President a \u201cgreat level of deference,\u201d the court found no \u201ccolorable\u201d basis and no action \u201cconceived in good faith \u2026 directly related to the quelling of the disorder,\u201d and concluded\u2014based on the \u201cfacts on the ground\u201d\u2014there was \u201cno credible evidence\u201d that protests impeded federal law enforcement or amounted to a \u201crebellion\u201d or danger of a rebellion.<\/p>\n

On Nov. 7, the court issued a permanent injunction<\/a>\u2014holding the government\u2019s conduct was ultra vires\u00a0<\/em>under 10 U.S.C. \u00a7 12406 and in violation of the Tenth Amendment\u2014and again crediting state and local evidence over federal accounts. Indeed, the court repeatedly found the federal account lacked credibility and was contradictory and inconsistent. The court noted that government \u201cwitnesses and the contemporaneous reports of federal agencies paint an uneven picture\u201d\u00a0<\/strong>(emphasis added). Instead, the court credited \u201call\u201d Portland Police Bureau (PPB) witnesses as \u201ccredible.\u201d<\/p>\n

For example, on crowd-size disputes, Judge Immergut found \u201cthe PPB reporting more credible;\u201d<\/strong> \u201c[t]here was no credible evidence that an organization coordinated the movement or actions of ICE facility protesters;\u201d \u201cno credible evidence\u201d that a protestor-counterprotestor altercation impeded federal protection of the building; and \u201cno credible evidence that protest activities at the ICE facility created more than a minimal interference with Defendants\u2019 ability to enforce Title 8 immigration laws.\u201d The court also rejected Federal Protective Service\u2019s (FPS) claims that PPB failed to respond to calls for help: \u201cThe Court does not find this testimony to be credible. FPS did call PPB for help, and PPB routinely responded.\u201d<\/p>\n

The court found parts of ICE\/ERO Field Office Director Wamsley\u2019s account of damage to the facility to be \u201cnot \u2026 reliable,\u201d extended that unreliability to her testimony on the alleged breach of the facility as \u201cinconsistent with every other piece of evidence,\u201d<\/strong> and noted her \u201cgeneral lack of reliability\u201d\u00a0<\/strong>(emphasis added).The court noted Commander W.T.\u2019s testimony was \u201cinternally inconsistent,\u201d and Major General Rieger had \u201cno personal knowledge\u201d of, nor was briefed on, \u201cconditions at the ICE Facility\u201d when he issued his Sept. 27 memo requesting federalization\u2014his information came from \u201cnews and social media,\u201d a Truth Social post, and the court\u2019s TRO. Further, FPS Director R.C.\u2019s \u201ctestimony regarding how PPB will respond to very large protests in the future\u201d was \u201cspeculative and inconsistent with the evidence presented at trial,\u201d<\/strong> the court said (emphasis added).<\/p>\n

Judge Immergut also said that she found the administration\u2019s explanation for leaving several National Guard members at the Portland ICE facility unconvincing, stressing that while the court would \u201cordinarily \u2026 be inclined to accept\u201d such an account, here it was \u201cdeeply troubled\u201d by their \u201ccontinued deployment \u2026 in violation of the First TRO.\u201d<\/p>\n

Of note, Judge Immergut pointed out that the government gave conflicting numbers to different courts\u2014what it told the Ninth Circuit versus what it disclosed in discovery before her court:<\/p>\n

\n

\u201cAmong other information, the response suggested that the number of FPS officers diverted to the Portland ICE facility ranged from 20 to 31 between June 16, 2025, and October 5, 2025, … contrary to the Ninth Circuit majority\u2019s reliance on Defendants\u2019 earlier representation that\u2019 115 FPS officers\u2014nearly 25% of FPS officers nationwide\u2014were diverted to Portland.\u2019\u201d (citations omitted).<\/p>\n<\/blockquote>\n

(Note: On Oct. 27, in the Ninth Circuit, DOJ said<\/a> that it \u201cwish[ed] to correct a factual discrepancy\u201d<\/strong> it had made to the court, clarifying the earlier \u201c115 FPS officers\u201d figure reflected deployments and that the number of \u201cindividual FPS officers\u201d was in fact \u201c86.\u201d But a government declaration filed days before in district court said only \u201c20 to 31\u201d FPS officers were diverted to the Portland ICE facility between Jun. 16-Oct. 5 (emphasis added).)<\/p>\n

<\/a>25. The \u201cperceptions\u201d of three government declarants \u201care not reliable,\u201d and their declarations contain \u201cunreliable information\u201d that reflects \u201ca potential lack of candor\u201d and \u201ccall[s] into question their ability to accurately assess the facts\u201d<\/h3>\n

Judge April M. Perry (Biden appointee), Illinois v. Trump<\/em><\/a>, 1:25-cv-12174 (N.D. Ill.)<\/p>\n

This case involves a challenge to the federalization and deployment of National Guard troops in Illinois under 10 U.S.C. \u00a7 12406, alongside Tenth Amendment and Posse Comitatus claims.<\/p>\n

On Oct. 9, Judge Perry issued<\/a> a temporary restraining order after finding that the government\u2019s version of facts were not credible. In an Oct. 10 opinion<\/a>, the court said it \u201ccannot conclude that Defendants\u2019 declarations are reliable,\u201d citing omissions and inaccuracies that \u201cdemonstrat[e] a potential lack of candor<\/strong> by these affiants\u201d and \u201ccall into question their ability to accurately assess the facts,\u201d\u00a0<\/strong>as well as a \u201ctroubling trend\u201d of equating peaceful protest with riotous conduct and \u201cbias and a lack of objectivity\u201d (emphasis added). For example, two DHS\/CBP declarants referenced arrests from Sept. 27 but failed to disclose that federal grand juries declined to indict, calling into question their factual assessments. A third declaration claimed the Federal Protective Service had requested a federalized Guard to protect the federal courthouse\u2014an \u201cincendiary\u201d assertion the court found inaccurate, after which the Government submitted a corrected declaration. The court concluded all three declarations contained \u201cunreliable information\u201d\u00a0<\/strong>(emphasis added).The court also noted that internal DHS emails to the Illinois State Police tracked more closely with state and local accounts than with DHS\u2019s own declarations, and that the Government\u2019s affidavits overstated violence and were \u201cimpossible to align<\/strong>\u201d with on-the-ground accounts (emphasis added). \u201cUltimately, this Court must conclude that Defendants\u2019 declarants\u2019 perceptions are not reliable<\/strong>,\u201d the court wrote (emphasis added).<\/p>\n

<\/a>26. Affidavit supporting criminal complaint told a \u201clargely fictional\u201d story of the stop, including \u201cblatant misstatements;\u201d AUSA conceded the affidavit \u201cmisrepresented what was going on;\u201d<\/h3>\n

Judge Xavier Rodriguez (W. Bush appointee),\u00a0United States v. Jaime Alberto Quintanilla-Chavez<\/em><\/a>, 5:25-CR-388 (W.D. Tex.)<\/p>\n

This case involves a challenge to an indictment for assaulting a federal officer, in violation of 18 U.S.C. \u00a7 111(a)\u2013(b), arising from a vehicle stop and ensuing encounter.<\/p>\n

On Oct. 20, Judge Rodriguez\u00a0dismissed<\/a> the indictment, finding that the government advanced\u00a0\u201cever-shifting positions\u201d<\/strong> and after-the-fact rationales for the stop (emphasis added). The court noted that a sworn affidavit by a special agent \u201ctells a very different\u2014and largely fictional\u2014story<\/strong>\u201d of the stop, describing the agents\u2019 account as reflecting \u201cblatant misstatements<\/strong> about the basis for the stop\u201d (emphasis added). The court pointed out that at the Aug. 25 hearing, the prosecutor \u201cconceded<\/strong>\u201d the affidavit \u201cmisrepresented<\/strong> what was going on\u201d once body-camera footage was reviewed (emphasis added). Further, the footage showed no agents or bystanders in front of the vehicle when it moved, undercutting the officer-safety rationale and testimony the court deemed \u201cnot credible.\u201d<\/p>\n

<\/a>27. DHS\/ICE \u201cinaccurately describ[ing] the facts,\u201d advancing a \u201cdecidedly incorrect\u201d account of events, and \u201c\u2018incorrectly describ[ing] the procedural posture of the case\u2019\u201d in immigration detention habeas case<\/h3>\n

Judge Leo T. Sorokin (Obama appointee),\u00a0Shinwari v. Hyde<\/em><\/a>, 1:25-cv-12021 (D. Mass.)<\/p>\n

This case involves a habeas challenge to DHS\/ICE\u2019s decision to treat his current immigration custody as mandatory detention under 8 U.S.C. \u00a7 1225(b)(2), rather than discretionary detention under \u00a7 1226(a), which would allow him to seek a bond hearing.<\/p>\n

On Oct. 20, denying<\/a> the government\u2019s motion to reconsider the court\u2019s Oct. 3 order<\/a> allowing the amended petition and directing a bond hearing, Judge Sorokin faulted the government for \u201cinaccurately describ[ing] the facts\u201d<\/strong> about a warrant, \u201c\u2018incorrectly describ[ing] the procedural posture of the case,\u2019\u201d and offering \u201ctheir\u00a0different (and decidedly incorrect) recitation of the events<\/strong>\u201d (emphasis added).<\/p>\n

<\/a>28. \u201cCourt does not credit\u201d ICE official\u2019s \u201cassertion\u201d of \u00a7 1225(b)(2)(A) detention because it is \u201ccontradicted by the Notice of Custody Determination.\u201d<\/h3>\n

Judge Julia E. Kobick (Biden appointee), Gomes v. Hyde<\/em><\/a>, 1:25-cv-11571 (D. Mass.)<\/p>\n

This case involves a habeas challenge to DHS\/ICE\u2019s decision to treat his current immigration custody as mandatory detention under 8 U.S.C. \u00a7 1225(b)(2)(A), rather than discretionary detention under \u00a7 1226(a), which would allow him to seek a bond hearing.<\/p>\n

On Jul. 7, Judge Kobick, granting<\/a> Gomes\u2019s habeas petition and ordering that he receive a bond hearing under \u00a7 1226(a), rejected the government\u2019s new assertion that he was detained under \u00a7 1225(b)(2). Addressing an ICE official\u2019s declaration, she wrote:<\/p>\n

\n

\u201cIn his declaration, ICE Assistant Field Office Director Keith M. Chan asserts that \u2018[o]n May 29, 2025, ICE detained [Gomes] pursuant to its authority [under] 8 U.S.C. \u00a7 1225(b).\u2019 \u2026 The Court does not credit this assertion.<\/strong> The assertion is in the nature of a legal conclusion, not a fact, and in any event is contradicted by the Notice of Custody Determination\u00a0<\/strong>completed by the ICE officer who ordered Gomes detained.\u201d (citation omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>29. \u201cCourt cannot credit\u201d DHS\/ICE\u2019s post-hoc \u201cnew position \u2026 raised for the first time in this litigation\u201d asserting \u00a7 1225(b) immigration detention, given \u201cthe record is devoid of any reference to \u00a7 1225\u201d and \u201cindisputable\u201d evidence of \u00a7 1226 treatment<\/h3>\n

Judge Dale E. Ho (Biden appointee), Lopez Benitez v. Francis<\/em><\/a>, 1:25-cv-05937 (S.D.N.Y.)<\/p>\n

This case involves a habeas challenge to DHS\/ICE\u2019s decision to treat his current immigration custody as mandatory detention under 8 U.S.C. \u00a7 1225(b)(2)(A), rather than discretionary detention under \u00a7 1226(a), which would allow him to seek a bond hearing.<\/p>\n

On Aug. 13, having searched the record, Judge Ho found<\/a> it \u201cdevoid\u201d of any evidence that the mandatory statute was ever applied to the petitioner\u2013not during his initial 2023 arrest or even during his most recent warrant and arrest by ICE agents. Judge Ho therefore \u201cdecline[d] to credit Respondents\u2019 position that Mr. Lopez Benitez is \u2026 is thus subject to mandatory detention under \u00a7 1225(b),\u201d writing that \u201cit is indisputable\u201d that the government<\/p>\n

\n

\u201chave consistently treated Mr. Lopez Benitez as subject to \u00a7 1226, and that they most recently detained him last week pursuant to that statute. Indeed, the record is devoid of any reference to \u00a7 1225<\/strong> in connection with Mr. Lopez Benitez\u2019s arrest and detention until they filed their Opposition to his Petition. \u2026 The Court cannot credit Respondents\u2019 new position<\/strong> as to the basis for Mr. Lopez Benitez\u2019s detention, which was adopted post hoc and raised for the first time in this litigation<\/strong>.\u201d (citation omitted) (emphasis added).<\/p>\n<\/blockquote>\n

Judge Ho also said that he would not \u201ccredit\u201d DOJ counsel\u2019s \u201cspeculation\u201d that when Lopez was first<\/em> arrested in 2023 he could have initially been designated under \u00a7 1225 as \u201c[n]othing in the 2023 documents authorizing Mr. Lopez Benitez\u2019s arrest and subsequent release suggest anything to that effect.\u201d<\/p>\n

<\/a>30. \u201cCourt cannot credit\u201d DHS\/ICE\u2019s post-hoc claim that immigration detention fell under \u00a7 1225(b)(2)(A), \u201cdespite clear indication\u201d the detention was not under that statute<\/h3>\n

Judge Brandy R. McMillion (Biden appointee), Lopez-Campos v. Raycraft<\/em><\/a>, 2:25-cv-12486 (E.D. Mich.)<\/p>\n

This case involves a habeas challenge to DHS\/ICE\u2019s decision to treat his current immigration custody as mandatory detention under 8 U.S.C. \u00a7 1225(b)(2)(A), rather than discretionary detention under \u00a7 1226(a), which would allow him to seek a bond hearing.<\/p>\n

On Aug. 29, rejecting the government\u2019s post-hoc claim that \u00a7 1225(b)(2)(A) governed detention, Judge McMillion wrote<\/a>:<\/p>\n

\n

\u201cIt was not until Lopez-Campos requested a custody redetermination hearing (bond hearing) that Respondents claimed his detention was under Section 1225(b)(2)(A). The Court cannot credit this new position that was adopted post-hac\u00a0<\/strong>[sic]<\/em>, despite clear indication that Lopez-Campos was not detained under this provision.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>31. \u201cCourt cannot credit\u201d DHS\/ICE\u2019s post-hoc \u201cnew position\u201d reclassifying immigration detention under \u00a7 1225(b)(2)(A) \u201cdespite clear indication\u201d the custody did not arise under that statute.<\/h3>\n

Judge Brandy R. McMillion (Biden appointee), Santos Franco v. Raycraft<\/em><\/a>, 2:25-cv-13188 (E.D. Mich.)<\/p>\n

This case involves a habeas challenge to DHS\/ICE\u2019s decision to treat his current immigration custody as mandatory detention under 8 U.S.C. \u00a7 1225(b)(2)(A), rather than discretionary detention under \u00a7 1226(a), which would allow him to seek a bond hearing.<\/p>\n

In an Oct. 21 order<\/a> addressing Franco\u2019s habeas petition, Judge McMillion rejected the government\u2019s post-hoc assertion that his current detention was properly classified under \u00a7 1225(b)(2)(A) rather than \u00a7 1226(a), writing:<\/p>\n

\n

\u201cNotably, Respondent previously released Santos Franco and the Government does not cite to anything to support its new interpretation<\/strong> that his current arrest is under 1225(b)(2)(A). And the Court is not persuaded that Petitioner\u2019s five-year-pending application for cancellation of removal is enough to constitute \u2018seeking admission.\u2019 To hold otherwise, would allow the Government to sweepingly apply a provision of the INA that is inapplicable, and the Court is not willing to do that. Three years after having initially released Santos Franco, and following his rearrest on August 16, 2025, Respondent now claims his detention was under Section 1225(b)(2)(A). \u2026 The Court cannot credit this new position that was adopted post-hac [sic]<\/em>, despite clear indication that Santos Franco was not detained under this provision when he was first encountered in 2016.<\/strong>\u201d (citation omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>32. ICE Deputy Field Director declaration \u201ccontradicted pretty thoroughly\u201d by migrants<\/h3>\n

Judge Robert W. Gettleman (Clinton appointee), Moreno Gonzalez v. Noem<\/em><\/a>, 1:25-cv-13323, (N.D. Ill.)<\/p>\n

The case involves allegations of \u201cmass constitutional violations\u201d at the Broadview ICE facility, including inhumane and overcrowded conditions, denial of access to counsel, and coercion of detainees to sign rights-waiving immigration forms<\/p>\n

During a Nov. 4 emergency TRO hearing, Judge Gettleman reportedly said<\/a> that a declaration submitted by DOJ lawyers from ICE Deputy Field Director Shawn Byers regarding conditions at Broadview \u201chas been contradicted pretty thoroughly\u201d by hours of testimony from five undocumented migrants.<\/p>\n

<\/a>33. DOT\u2019s \u201cnakedly misleading characterization\u201d of immigration-enforcement grant conditions<\/h3>\n

Chief Judge John J. McConnell, Jr. (Obama appointee), State of California v. United States Department of Transportation<\/em><\/a>, 1:25-cv-00208 (D.R.I.)<\/p>\n

This case involves a challenge by twenty States to the Department of Transportation\u2019s \u201cImmigration Enforcement Condition\u201d (IEC), which predicates federal transportation grants on state cooperation with federal civil immigration enforcement.<\/p>\n

On Nov. 4, Judge McConnell granted<\/a> the States\u2019 motion for summary judgment and denied DOT\u2019s cross-motion, holding that the IEC violated the APA and the Spending Clause, vacating the condition from all DOT grant agreements, and permanently enjoining the government from conditioning transportation funding on state cooperation with federal civil immigration enforcement. The court emphasized that the government\u2019s \u201ccore counterargument against the merits of the States\u2019 APA claim [was] its repeated insistence that the IEC merely asks the States to certify compliance with federal law, and that it cannot be arbitrary or capricious for DOT to ensure this compliance.\u201d Judge McConnell described this \u201cgimcrack defense\u201d as a \u201cnakedly misleading characterization of what the IEC requires<\/strong>\u201d (emphasis added).<\/p>\n

<\/a>34. CBP Commander \u201cadmitted that he lied;\u201d CBP\/ICE\/DHS portrayal of Chicago unrest lacked credibility, \u201cbelie[d]\u201d by own evidence; \u201cOverall, this calls into question everything that defendants say they are doing\u201d<\/h3>\n

Judge Sara Lee Ellis (Obama appointee), Chicago Headline Club v. Noem<\/em><\/a>, 1:25-cv-12173 (N.D. Ill.)<\/p>\n

This case involves challenges by protestors and journalists to the deployment of federal law enforcement officers including ICE and CBP agents in the city of Chicago.<\/p>\n

Following a Nov. 5 evidentiary hearing that included live testimony, Judge Ellis extended her Oct. 9 temporary restraining order on Nov. 6, granting the plaintiffs\u2019 motion for a preliminary injunction from the bench. Reports describe her as sharply questioning the government\u2019s credibility and portrayal of unrest in Chicago. According to those accounts, she said<\/a> that \u201cI don\u2019t find defendants\u2019 version of events credible,\u201d and added<\/a>, \u201cI find the government\u2019s evidence to be simply not credible,\u201d\u00a0<\/strong>and<\/a> thattheDOJ\u2019s claims \u201clack credibility.\u201d<\/p>\n

After reviewing the video evidence offered by the government, the court rejected<\/a> the administration\u2019s portrayal of unrest in Chicago: \u201cI watched the defendants\u2019 videos. This, and hours and hours and hours of bodycam video and video from helicopters, was the best they could provide,\u201d adding,<\/p>\n

\n

\u201cThe government would have people believe \u2026 that the Chicagoland area is in a vise hold of violence, ransacked by rioters and attacked by agitators. That simply is untrue<\/strong>, and the government\u2019s own evidence in this case belies that assertion.\u201d (emphasis added)<\/p>\n<\/blockquote>\n

Judge Ellis reportedly focused in particular on the testimony and deposition of CBP Commander Gregory Bovino. She recounted how Bovino had claimed a protester hit him with a rock before he threw a tear gas canister into a crowd in Little Village, but then backed<\/a> away from that story when video evidence failed to support it. \u201cDefendant Bovino admitted that he lied,\u201d\u00a0<\/strong>Judge Ellis said<\/a>, adding, \u201cHe admitted that he lied about whether a rock hit him before he deployed tear gas in Little Village\u201d (emphasis added). She continued<\/a>: \u201cMr. Bovino and the Department of Homeland Security claimed that he had been hit by a rock in the head before throwing the tear gas, but video evidence disproves this. And he ultimately admitted he was not hit until after he threw the tear gas.\u201d Judge Ellis also noted<\/a> that Bovino denied using force on a man he was filmed tackling to the ground. \u201cIn one of the videos, Bovino obviously attacks and tackles the declarant, Mr. Blackburn, to the ground,\u201d she said<\/a>, adding, \u201cBut Mr. Bovino, despite watching this video [in his deposition] says that he never used force.\u201d<\/p>\n

She reportedly raised similar concerns<\/a> about U.S. Customs and Border Protection agent Kristopher Hewson, who testified on Nov. 5 that footage of him and his officers interacting with protesters captured him saying only, \u201cget \u2019em.\u201d Judge Ellis disagreed with that characterization the following day, stating: \u201cClearly, what he said was \u2018hit them.\u2019\u201d<\/p>\n

Summing up her concerns about the government\u2019s credibility, Judge Ellis concluded<\/a>:<\/p>\n

\n

\u201cOverall, this<\/strong> calls into question everything that defendants say they are doing<\/strong> in their characterization of what is happening either at the Broadview facility or out in the streets of the Chicagoland area during law enforcement activities.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

(On Nov. 19, a Seventh Circuit panel <\/span>stayed<\/span><\/a> Judge Ellis\u2019s Nov. 6 preliminary injunction as overbroad, while noting that her \u201cvoluminous and robust factual findings\u201d may support a \u201cmore tailored\u201d injunction.)<\/span><\/p>\n

<\/a>35. USDA\u2019s assertion it could do \u201cnothing more\u201d to act \u201cexpeditiously\u201d on November SNAP benefits \u201ccarries no weight\u201d<\/h3>\n

Chief Judge John J. McConnell, Jr. (Obama appointee), Rhode Island State Council of Churches v. Rollins<\/em><\/a>, 1:25-cv-00569 (D.R.I.)<\/p>\n

This case involves a challenge to USDA\u2019s October 2025 suspension of November SNAP benefits during the FY 2026 shutdown and its early termination of existing ABAWD work-requirement waivers, seeking declaratory and injunctive relief to set aside those actions and to compel the release of available contingency\/Section 32 funds to pay November benefits and reinstate the waivers.<\/p>\n

On Nov. 6, granting<\/a> enforcement of the prior temporary restraining order<\/a>, Judge McConnell rejected the government\u2019s claim that \u201cthere is nothing more USDA could do\u201d to act \u201cexpeditiously\u201d in resolving the administrative burdens of making partial payments, stating that contention \u201ccarries no weight.\u201d He emphasized that USDA already knew partial payments would entail delays and errors, that they \u201ccould have begun working to resolve the administrative hurdles once the lapse in appropriations occurred, or even before,\u201d and that by choosing the partial-payment path they \u201cwould be prolonging implementation and frustrating the very purpose of the TRO,\u201d even though the other option \u201cprovided a faster and more practical means of compliance.\u201d Beyond the speed requirement, the court identified a \u201c$600 million discrepancy\u201d in USDA\u2019s contingency-fund math.<\/p>\n

(On Nov. 7, the defendants also filed a\u00a0<\/em>notice<\/em><\/a>\u00a0advising the district court that Congress had restored full FY 2026 SNAP funding and that USDA had directed state agencies to \u201ctake immediate steps to ensure households receive their full November allotments promptly.\u201d)<\/em><\/p>\n

<\/a>36. USDA\u2019s Nov. 8 SNAP letter calling States\u2019 actions \u201cunauthorized\u201d was \u201cuntethered to the factual record\u201d and government \u201cconceded” notice was \u201cerroneous on its face\u201d<\/h3>\n

Judge Indira Talwani (Obama appointee), Commonwealth of Massachusetts v. United States Department of Agriculture<\/em><\/a>, 1:25-cv-13165 (D. Mass.)<\/p>\n

This case involves a challenge to the November 2025 suspension of SNAP benefits by the U.S. Department of Agriculture (USDA), allegedly as a result of the government shutdown that began Oct. 1, 2025.<\/p>\n

On Nov. 12, granting<\/a> a TRO directing USDA to ensure prompt November SNAP payments, Judge Talwani found \u201cUSDA\u2019s assertion<\/strong>\u2014that the States took \u2018unauthorized\u2019 action when they were complying with a court order that had not yet been stayed and with the USDA\u2019s own directive\u2014untethered to the factual record<\/strong>\u201d (emphasis added). Judge Talwani noted that \u201cDefendants have conceded<\/strong> that the November 4 directive regarding 50% partial SNAP payments was erroneous on its face<\/strong>,\u201d adding, \u201cNotably, USDA has never provided any basis for setting the contingency fund payments at 50%, a figure that appears to have been pulled out of thin air<\/strong>\u201d (emphasis added). She further stated that USDA had not \u201cadequately explained\u201d why its systems could not release contingency funds and offered only assertions \u201cwithout reference to any affidavit.\u201d<\/p>\n

Judge Talwani also noted DOJ\u2019s inconsistent positions: telling the court any vacatur would be \u201cnationwide,\u201d then telling the First Circuit states could not rely on the Rhode Island order because they were not parties, before later conceding here that Rhode Island \u201cordered the government to pay the States.\u201d The court further found that USDA had \u201cconfused the record\u201d by issuing\u2014and never rescinding\u2014a Nov. 7 notice stating that FNS was \u201cworking towards implementing November 2025 full benefit issuances in compliance with the November 6, 2025 order,\u201d a communication that, in retrospect, \u201cappears\u201d to have been \u201ccarefully crafted to feign compliance with the D.R.I. Temporary Restraining Order\u201d even though USDA \u201cintended to do no such thing,\u201d before reversing course in the Nov. 8 letter.<\/p>\n

(On Nov. 13, after the government shutdown ended, the defendants filed a\u00a0<\/em>notice<\/em><\/a>\u00a0advising that Congress had restored full FY 2026 SNAP funding and that USDA had directed state agencies to \u201ctake immediate steps to ensure households receive their full November allotments promptly.\u201d)<\/em><\/p>\n

<\/a>37-a. Judge skeptical of DOJ counsel\u2019s and AG Bondi\u2019s claimed \u201cratif[ication]\u201d of interim U.S. attorney Lindsey Halligan in the James Comey prosecution amid missing transcript pages<\/h3>\n

Judge Cameron McGowan Currie (Clinton appointee), United States v. James Comey<\/em><\/a>, 1:25-cr-00272 (E.D. Va.) and United States v. Letitia James<\/em><\/a>, 2:25-cr-00122 (E.D. Va.)<\/p>\n

These cases involve the criminal prosecutions of former FBI Director James Comey and New York Attorney General Letitia James, which they both challenge on the basis that, inter alia<\/em>, Lindsey Halligan\u2019s interim appointment as U.S. Attorney for the Eastern District of Virginia was unlawful.<\/p>\n

During the Nov. 13 oral argument on Comey\u2019s and James\u2019s challenges to Halligan\u2019s appointment, Judge Currie reportedly flagged<\/a> a \u201cmissing\u201d portion of the Comey grand jury transcript, noting that no court reporter was present after 4:28 p.m., even though the indictment was not returned until more than two hours later\u2014leaving no witness who could testify that Halligan did not continue speaking with the grand jury. Further, Judge Currie reportedly rejected<\/a> DOJ counsel\u2019s assertion\u2014which echoed an Oct. 31 statement<\/a> submitted to the court and signed by Attorney General Pam Bondi\u2014that Bondi had reviewed the grand jury materials and retroactively \u201cratif[ied]\u201d Halligan\u2019s actions. Noting the missing portions of the record, Judge Currie reportedly said, \u201cIt became obvious to me that the attorney general could not have reviewed those portions of the transcript presented by Ms. Halligan\u201d since they \u201cdid not exist\u201d when Bondi signed her statement. (The full transcripts became available<\/a> on Nov. 5.)<\/p>\n

<\/a>37-b. \u201cUnusual series of events\u201d involving two inconsistent Comey indictments and prosecutor Lindsey Halligan\u2019s role \u201ccall into question the presumption of regularity generally associated with grand jury proceedings\u201d<\/h3>\n

Magistrate Judge William E. Fitzpatrick, United States v. James Comey<\/em><\/a>, 1:25-cr-00272 (E.D. Va.)<\/p>\n

This case involves the criminal prosecution of former FBI Director James Comey.<\/p>\n

In a Nov. 17 memorandum opinion<\/a> ordering disclosure of grand-jury materials, Judge Fitzpatrick described an \u201cunusual series of events\u201d surrounding the grand jury\u2019s consideration of two inconsistent indictments in the Comey prosecution. As the court explained, the grand jury was first presented with a three-count indictment and declined to indict on Count 1, after which interim U.S. Attorney Lindsey Halligan prepared a second, two-count indictment omitting Count 1. Both indictments, fully executed by the foreperson and Halligan, were presented to the magistrate judge, who accepted the \u201csecond signed indictment,\u201d but the court now notes that it \u201cmay not have\u201d actually been presented to or considered by the grand jury.<\/p>\n

The court observed that the short time between the grand jury\u2019s vote and the return of the second indictment \u201ccould not have been sufficient\u201d for Halligan to draft a new indictment, present it to the grand jury with legal instructions, and allow deliberation and a vote. \u201cIf the prosecutor is mistaken about the time she received notification of the grand jury\u2019s vote on the original indictment, and this procedure did take place, then the transcript and audio recording provided to the Court are incomplete;\u201d if instead the transcript and audio are complete, then \u201cthe indictment returned in open court was not the same charging document presented to and deliberated upon by the grand jury,\u201d Judge Fitzpatrick wrote. He added:<\/p>\n

\n

\u201cEither way, this unusual series of events, still not fully explained<\/strong> by the prosecutor\u2019s declaration, calls into question the presumption of regularity<\/strong> generally associated with grand jury proceedings, and provides another genuine issue the defense may raise to challenge the manner in which the government obtained the indictment.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

(At the Nov. 19 <\/span><\/i>hearing<\/span><\/i><\/a> on Comey\u2019s motion to dismiss for vindictive and selective prosecution, Halligan <\/span><\/i>reportedly<\/span><\/i><\/a> informed Judge Michael S. Nachmanoff that although the full grand jury had voted on the original indictment, the final revised indictment was <\/span><\/i>never<\/span><\/i><\/a> presented to the full panel\u2014only to the foreperson and one other juror.)<\/span><\/i><\/p>\n

<\/a><\/a>B. Pretext and Retaliatory Motives<\/h2>\n

38. Providing pretext for motion to dismiss an indictment<\/h3>\n

Judge Dale Ho (Biden appointee), United States v. Adams<\/em><\/a>, 1:24-cr-00556 (S.D.N.Y.)<\/p>\n

This case involves the Department of Justice\u2019s effort to dismiss its own indictment of Mayor Eric Adams.<\/p>\n

On Apr. 2, Judge Ho wrote<\/a> that the government\u2019s stated rationale (that there was an appearance of impropriety in bringing the case) was \u201cunsupported by any objective evidence\u201d and \u201cappears pretextual.\u201d Instead, the court concluded the true rationale appeared to be a quid pro quo. Judge Ho wrote: \u201cEverything here smacks of a bargain: dismissal of the Indictment in exchange for immigration policy concessions.\u201d<\/p>\n

<\/a><\/a><\/a>39. \u201cThe Court will not apply any presumption of regularity to conduct that is so unusual and therefore irregular on its face.\u201d Preliminary injunction granted where the government was found to be pursuing \u201can unconstitutional course of retaliatory conduct directed at Harvard.\u201d<\/h3>\n

Judge Allison D. Burroughs (Obama appointee), President and Fellows of Harvard College v. Department of Homeland Security<\/em><\/a>, 1:25-cv-11472 (D. Mass.)<\/p>\n

This case involved the Department of Homeland Security\u2019s revocation of Harvard\u2019s Student and Exchange Visitor Program (SEVP), which would have the effect of blocking current and future international students from attending Harvard.<\/p>\n

On Jun. 20, Judge Burroughs issued a preliminary injunction<\/a> halting the administration\u2019s proclamation to suspend entry for any international students studying at Harvard. Judge Burroughs wrote<\/a> in her accompanying memorandum and order:<\/p>\n

\n

\u201c[T]he Proclamation must be enjoined because it is part of an unconstitutional course of retaliatory conduct<\/strong> directed at Harvard in response to its exercise of its First Amendment rights. \u2026<\/p>\n

Far from rebutting a finding of retaliation, the Administration\u2019s concerted campaign entirely supports such a finding. \u2026<\/p>\n

As a last gasp, Defendants argue that the Proclamation should get the \u2018presumption of regularity\u2019 of government activity. \u2026 [But] the use of that text here is hardly regular. As Harvard notes, it has never been used to target the conduct or actions of domestic entities. \u2026 And it has never been used to completely eliminate a legitimate university\u2019s ability to host international students. \u2026 Thus, the Court will not apply any presumption of regularity to conduct that is so unusual and therefore irregular on its face.<\/strong>\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>40. Executive Order terminating collective bargaining rights for federal workers enjoined as retaliatory, with court finding the presumption of regularity \u201chas no application\u201d<\/h3>\n

Judge James Donato (Obama appointee), American Federation of Government Employees, AFL-CIO v. Trump<\/em><\/a>, 3:25-cv-03070 (N.D. Cal.)<\/p>\n

This case involved challenges to an Executive Order terminating federal employees collective bargaining protections.<\/p>\n

On Jun. 24, Judge James Donato granted the plaintiffs\u2019 motion for a preliminary injunction<\/a>, which enjoined the defendants from implementing the EO against the plaintiffs and their members. In his opinion, Judge Donato finds \u201cserious questions under the First Amendment\u201d and expressly notes that \u201cPlaintiffs have adduced evidence that a serious question may be asked whether the agency exclusions in EO 14251 are retaliation for protected speech<\/strong>.\u201d emphasis added). In short, he found sufficient evidence to suggest \u201c\u2018that there was a nexus between the defendant\u2019s actions and an intent to chill speech.\u2019\u201d Rejecting the government\u2019s invocation of the presumption of regularity, Judge Donato wrote that \u201cthe presumption of regularity … does not necessarily save the day,<\/strong>\u201d since \u201cplaintiffs have shown a sufficient likelihood that they will prevail on the argument that the presumption has no application because there is an \u2018actual irregularity in the President\u2019s factfinding process or activity,\u2019<\/strong> and the opposite conclusion is warranted that \u2018the President was indifferent to the purposes and requirements of the Act, or acted deliberately in contravention of them.\u2019\u201d (citations omitted) (emphasis added).<\/p>\n

On Jul. 10, the Ninth Circuit granted<\/a> a stay of the preliminary injunction pending appeal.<\/p>\n

<\/a>41. Executive Order targeting Jenner & Block LLP found unconstitutional<\/h3>\n

Judge John D. Bates (Bush appointee), Jenner & Block LLP v. U.S. Department of Justice<\/em><\/a>, 1:25-cv-00916 (D.D.C.)<\/p>\n

This case involves President Trump\u2019s Mar. 25 Executive Order (EO) terminating government contracts, denying members of the firm access to federal employees, and suspending employees\u2019 security clearances.<\/p>\n

On Mar. 28, Judge Bates granted<\/a> a temporary restraining order. On May 23, he granted<\/a> plaintiffs\u2019 motion for summary judgment and found the EO to be \u201can unconstitutional act of retaliation,\u201d enjoining the EO\u2019s \u201coperation in full.\u201d Judge Bates wrote:<\/p>\n

\n

\u201cLike the others in the series, this order\u2014which takes aim at the global law firm Jenner & Block\u2014makes no bones about why it chose its target: it picked Jenner because of the causes Jenner champions, the clients Jenner represents, and a lawyer Jenner once employed.<\/strong> Going after law firms in this way is doubly violative of the Constitution. Most obviously, retaliating against firms for the views embodied in their legal work\u2014and thereby seeking to muzzle them going forward\u2014violates the First Amendment\u2019s central command that government may not \u2018use the power of the State to punish or suppress disfavored expression.\u2019 \u2026 More subtle but perhaps more pernicious is the message the order sends to the lawyers whose unalloyed advocacy protects against governmental viewpoint becoming government-imposed orthodoxy. This order, like the others, seeks to chill legal representation the administration doesn\u2019t like[.] \u2026<\/p>\n

Jenner\u2019s primary claim\u2014and its most straightforward winner\u2014is the First Amendment retaliation claim. \u2026<\/p>\n

Usually, figuring out whether retaliation would chill a speaker of ordinary firmness\u2014and ascertaining just how much a speaker would have to trim her advocacy to avoid reprisal\u2014requires some guesswork. Not here. The serial executive orders targeting law firms have produced something of an organic experiment, control group and all<\/strong>, for how firms react to the orders and how they might escape them. Over the course of that experiment, several firms of (presumably) ordinary firmness have folded rather than face similar executive orders. \u2026<\/p>\n

[W]hereas retaliation usually punishes once and moves along, the retaliation here is ongoing and avoidable.<\/strong> In this context, retaliation amounts to something akin to the impermissible \u2018scheme of informal censorship\u2019 that arises when government actors use the \u2018threat of invoking legal sanctions and other means of coercion to achieve the suppression of disfavored speech.\u2019 \u2026<\/p>\n

In short, the order raises constitutional eyebrows many times over. It punishes and seeks to silence speech \u2018at the very center of the First Amendment,\u2019 \u2026 does so via the most \u2018egregious form of content discrimination\u2014 viewpoint discrimination,\u2019 \u2026 all in an unacceptable attempt to \u2018insulate the Government\u2019s laws from judicial inquiry\u2019 …<\/p>\n

\u2026 On the merits, there’s no doubt that the President ordered the Jenner-specific process in retaliation<\/strong> for Jenner’s protected speech.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>42. Executive Order targeting WilmerHale found unconstitutional<\/h3>\n

Judge Richard J. Leon (Bush appointee), Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of President<\/em><\/a>, 1:25-cv-00917 (D.D.C.)<\/p>\n

This case involves President Trump\u2019s Mar. 27 Executive Order terminating WilmerHale\u2019s government contracts, restricting access to federal employees, and suspending its employees\u2019 security clearances.<\/p>\n

On Mar. 28, Judge Leon granted<\/a> a temporary restraining order enjoining implementation and enforcement of Sections 3 and 5 of the EO, stating, inter alia<\/em>, \u201cThe retaliatory nature of the Executive Order at issue here is clear from its face\u201d. On May 27, Judge Leon granted<\/a> summary judgement for the plaintiffs on its claim that the EO violated their First Amendment protections against retaliation. In his opinion, Judge Leon noted that:<\/p>\n

\n

\u201cThe WilmerHale Order is, on its face, retaliation for the firm\u2019s protected speech. Indeed, \u00a7 1 outlines the motivations of the Order, including WilmerHale\u2019s pro bono practice, \u2018obvious partisan representations to achieve political ends,\u2019 and involvement in immigration and election litigation. \u2026<\/p>\n

The Order goes on to impose a kitchen sink of severe sanctions on WilmerHale for this protected conduct! \u2026<\/p>\n

The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished!<\/strong> \u2026<\/p>\n

In sum, WilmerHale has both alleged and shown that the Order is retaliation for protected speech in violation of the First Amendment.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>43. Preliminary injunction issued against section of EO terminating Treasury employees\u2019 collective bargaining rights<\/h3>\n

Judge Paul L. Friedman (Clinton appointee), National Treasury Employees Union v. Trump<\/em><\/a>, 1:25-cv-00935 (D.D.C)<\/p>\n

This case was brought by the National Treasury Employees Union following President Trump\u2019s Mar. 27 Executive Order (EO) terminating multiple departments\u2019 employees\u2019 statutory collective bargaining rights.<\/p>\n

On Apr. 28, Judge Friedman granted<\/a> a preliminary injunction enjoining Section 2 of the<\/p>\n

EO. Judge Friedman held that the plaintiffs overcame the presumption of regularity\u2014thus allowing for judicial review of its ultra vires<\/em> claims\u2014with \u201cclear evidence\u201d showing the President\u2019s \u00a7 7103(b)(1) invocation was not a bona fide \u201cnational security\u201d determination, and that the President \u201c\u2018was indifferent to the purposes and requirements of the [FSLMRS], or acted deliberately in contravention of them.\u2019\u201d The court reached its conclusion for three reasons:<\/p>\n

\n

\u201c(1) the Executive Order and the Administration\u2019s surrounding statements are at odds with Congress\u2019s findings in the FSLMRS; (2) the White House Fact Sheet reflects retaliatory motive; and (3) the Administration\u2019s guidance related to the Executive Order \u2013 specifically, the OPM Guidance \u2013 suggests that the invocation of Section 7103(b)(1) was in furtherance of unrelated policy goals rather than based on the statutory criteria.\u201d<\/p>\n<\/blockquote>\n

Judge Friedman further wrote:<\/p>\n

\n

\u201cIn the instant case, the evidence rebutting the presumption of regularity is a significant reason to believe NTEU will prevail on its claim. The scope of the Executive Order when compared with the intent of Congress in passing the FSLMRS, coupled with the surrounding statements in the Fact Sheet and OPM Guidance \u2013 which strongly suggest that President Trump\u2019s invocation of Section 7103(b)(1) was mere pretext for retaliation and for accomplishing unrelated policy objectives<\/strong> \u2013 are persuasive reasons to believe NTEU likely will be successful on the merits of its claim.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

On May 16, the D.C. Circuit stayed<\/a> the preliminary order pending appeal. As currently scheduled<\/a>, briefing runs through the end of October.<\/p>\n

<\/a>44. Executive Order targeting Susman Godfrey LLP found unconstitutional<\/h3>\n

Judge Loren L. AliKhan (Biden appointee), Susman Godfrey LLP v. Executive Office of President<\/em><\/a>, 1:25-cv-01107 (D.D.C.)<\/p>\n

This case involves Susman Godfrey\u2019s challenge to an Executive Order suspending its employees\u2019 security clearances, restricting government contracts and engagement, and barring agency hiring.<\/p>\n

On Jun. 27, Judge Loren Alikan granted<\/a> the plaintiff\u2019s motion for summary judgment on, inter alia<\/em>, \u201cCounts I and II of Susman\u2019s complaint [which] allege that the firm was subjected to unfavorable treatment in retaliation for and on the basis of its protected speech.\u201d Issuing a permanent injunction, Judge AliKhan said, inter alia<\/em>:<\/p>\n

\n

\u201cThe government\u2019s departure from the well-trodden path of individualized determination in favor of wholesale revocation\u2014without even an ounce of supporting evidence for the court to evaluate\u2014raises red flags and leads the court to believe that the only plausible motivation for Section 2 is retaliation. \u2026<\/p>\n

[B]ecause Defendants have offered no plausible explanation for the extraordinary action contemplated by Section 5\u2014which, on its face, could go as far as banning Susman lawyers from courtrooms, post offices, and military bases\u2014the court determines that the record can only support the conclusion that Section 5 was motivated by retaliatory intent. \u2026<\/p>\n

The court concludes that the Order constitutes unlawful retaliation against Susman for activities that are protected by the First Amendment, including its representation of certain clients, its donations to certain causes, and its expression of its beliefs regarding diversity.\u201d<\/p>\n<\/blockquote>\n

<\/a>45. Preliminary injunction issued against section of EO terminating Department of State and USAID employees\u2019 collective bargaining rights<\/h3>\n

Judge Paul L. Friedman (Clinton appointee), American Foreign Service Association v. Trump<\/em><\/a>, 1:25-cv-01030 (D.D.C.)<\/p>\n

This case was brought by the American Foreign Service Association (AFSA) following President Trump\u2019s March 27 Executive Order (EO) terminating the Foreign Service\u2019s statutory collective bargaining rights.<\/p>\n

On May 14, Judge Friedman issued<\/a> a preliminary injunction enjoining the defendants from implementing Section 3 of the Executive Order, which would exclude subdivisions of the Department of State and USAID from coverage under the Foreign Service Labor-Management Relations Statute. Judge Friedman previously enjoined Section 2 of the same EO in the National Treasury Employees Union v. Trump<\/em><\/a>, 1:25-cv-00935 (D.D.C). The court clarifies (at n.8) that the preliminary injunction was not based on AFSA\u2019s First Amendment retaliation claim. Because the court found AFSA likely to succeed on its ultra vires claims, it did not reach whether AFSA satisfied the requirements for a preliminary injunction on the retaliation theory. Notwithstanding, in his opinion, Judge Friedman stated:<\/p>\n

\n

\u201cAFSA has rebutted the presumption [of regularity] by clear evidence. \u2026 [T]he Court concluded in Nat\u2019l Treasury Emps. Union v. Trump<\/u> that the Executive Order \u2013 specifically, its unprecedented scope that seemingly conflicts with Congress\u2019s intent \u2013 coupled with the contemporaneous statements contained in the White House Fact Sheet and OPM Guidance reflected that the President was either indifferent to or acted in contravention of the requirements of the FSLMRS. \u2026 The analysis is identical here, because this case implicates the exact same Executive Order, White House Fact Sheet, and OPM Guidance. \u2026<\/p>\n

AFSA provides further argument and evidence that demonstrates a retaliatory motive for the Executive Order. \u2026For example, AFSA highlights the fact that the Executive Order \u2013 despite excluding two-thirds of the federal workforce from coverage of the statutes \u2013 does not strip collective bargaining rights from the United States Customs and Border Protection (\u2018CBP\u2019), whose union \u2018endorsed the President in last year\u2019s election.\u2019 …<\/p>\n

AFSA points to the Secretary of Veterans Administration Doug Collins\u2019s recent decision to restore collective bargaining rights \u2026 \u2018not to particular subdivisions [of the Department of Veterans Affairs], but to particular unions in the Department.\u2019 \u2026 In justifying the decision, VA Press Secretary Pete Kasperowicz stated that the decision to restore the statutory protections to certain unions was based on the fact that those unions \u2018have filed no or few grievances against VA and [ ] have not proved an impediment to the department\u2019s ability to effectively carry out its mission . . . .\u2019\u201d \u2026<\/p>\n

The additional evidence and argument provided by AFSA bolsters the Court\u2019s earlier conclusion \u2026 that the White House Fact Sheet and other contemporaneous evidence \u2018reflects retaliatory motive towards certain unions.\u2019\u201d (citations omitted).<\/p>\n<\/blockquote>\n

On June 20, the D.C. Circuit stayed<\/a> the preliminary order pending appeal. As currently scheduled<\/a>, briefing runs through the end of October.<\/p>\n

<\/a>46. Executive Order targeting Perkins Coie LLP found unconstitutional<\/h3>\n

Judge Beryl A. Howell (Obama appointee), Perkins Coie LLP v. U.S. Department of Justice<\/em><\/a>, 1:25-cv-00716 (D.D.C.)<\/p>\n

This case involves President Trump\u2019s Mar. 6 Executive Order terminating government contracts, denying members of the firm access to federal employees, and suspending employees\u2019 security clearances.<\/p>\n

On May 2, granting the plaintiff\u2019s motion for summary judgment and a permanent injunction, Judge Howell ruled<\/a> the Executive Order unconstitutional and condemned it as an \u201cunprecedented attack\u201d on the \u201cfoundational principles\u201d of the judicial system, holding that:<\/p>\n

\n

\u201cThat plaintiff\u2019s protected activities are the only reasons provided by the Order itself to justify the actions directed is strong evidence that the Order retaliates against plaintiff for engaging in those protected activities. Analysis of each section of the Order, as well as the context surrounding its issuance, only adds reasons to confirm this conclusion and further shows that the legal infirmity of retaliation permeates every section and sentence of EO 14230<\/strong>. \u2026<\/p>\n

Again, particularly given that President Trump has confirmed the Order was motivated by \u2018the conduct of a specific member of this firm,\u2019 the targeting of all the Firm\u2019s employees for such access and hiring restrictions simply cannot be explained by any legitimate governmental purpose, leaving only retaliation as the obvious reason<\/strong> for the First Amendment protected speech and other activities with which EO 14230 takes issue. \u2026<\/p>\n

President Trump\u2019s multi-year history of lodging public attacks critical of plaintiff<\/strong>, his promises during the 2024 campaign to act on his displeasure toward plaintiff if he won, and the subsequent issuance of EO 14230\u2014which repeats many of the same attacks on plaintiff\u2014further demonstrates that EO 14230 was issued to seek retribution against plaintiff for the Firm\u2019s representation of clients in political campaigns or litigation, about which President Trump expressed disapproval, dating back to 2017. This purpose amounts to no more than unconstitutional retaliation\u00a0<\/strong>for plaintiff\u2019s First Amendment protected activity. \u2026<\/p>\n

The government\u2019s briefing reveals the true motivation lurking behind the fa\u00e7ade of discrimination allegations: the administration\u2019s disapproval of plaintiff\u2019s speech in favor of diversity. This revelation makes clear the pretextual nature of EO 14230\u2019s cited reason regarding plaintiff\u2019s purported discrimination.<\/strong> \u2026<\/p>\n

Thus, again, this record firmly supports the finding that EO 14230 serves no legitimate government interest, but only the interest of retaliation<\/strong>. Our Constitution leaves no room for the exercise of \u2018purely personal and arbitrary power.\u2019\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>47. Preliminary injunction granted where DOJ appeared to have terminated grants to ABA with retaliatory motive<\/h3>\n

Judge Christopher R. Cooper (Obama appointee), American Bar Association v. U.S. Department of Justice<\/em><\/a>, 1:25-cv-01263 (D.D.C.)<\/p>\n

This case concerns the DOJ\u2019s termination of grants to the ABA Commission on Domestic and Sexual Violence, which the ABA contends was intended as retaliation for its support of law firms targeted by the Executive Orders.<\/p>\n

On May 14, Judge Cooper granted<\/a> a preliminary injunction on the First Amendment retaliation claim arising from the termination of grants, stating:<\/p>\n

\n

\u201cThe ABA has made a strong showing that Defendants terminated its grants to retaliate against it for engaging in protected speech<\/strong>. \u2026<\/p>\n

[T]he ABA\u2019s allegations, accepted as true, plausibly plead that the government\u2019s proffered justification for terminating the grants is pretextual, and that the real reason was retaliation.<\/strong> The Blanche Memo explicitly spells out how DOJ will be changing its approach toward the ABA in light of the ABA\u2019s lawsuit against the United States. And the temporal proximity between the Blanche Memo and the termination of the ABA\u2019s grants is probative of Defendants\u2019 retaliatory motive. \u2026<\/p>\n

The government claims that it had a nonretaliatory motive for terminating the grants: They no longer aligned with DOJ\u2019s priorities. But the government has not identified any nonretaliatory DOJ priorities, much less explained why they were suddenly deemed inconsistent with the goals of the affected grants. And the government\u2019s different treatment of other grantees suggests this justification is pretextual<\/strong>.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>48. Preliminary injunction issued where DHS appeared to have acted to punish AFGE and its members, constituting \u201cimpermissible retaliation\u201d<\/h3>\n

Judge Marsha J. Pechman (Clinton appointee) American Federation of Government Employees, AFL-CIO v. Noem<\/em><\/a> 2:25-cv-00451 (W.D. Wash.)<\/p>\n

This case involves DHS\u2019 announcement that it was ending collective bargaining for the TSA\u2019s Transportation Security Officers.<\/p>\n

On Jun. 2, Judge Pechman issued a preliminary injunction<\/a> blocking DHS secretary Kristi Noem from ending collective bargaining rights and rescinding the 2024 union contract for Transportation Security Officers, finding (in part) that the action was likely retaliatory. Judge Pechman stated:<\/p>\n

\n

\u201cAFGE has demonstrated a strong likelihood that the Noem Determination constitutes impermissible retaliation<\/strong> against it for its unwillingness to acquiesce to the Trump Administration\u2019s assault on federal workers. \u2026<\/p>\n

The Noem Determination appears to have been undertaken to punish AFGE and its members because AFGE has chosen to push back against the Trump Administration\u2019s attacks to federal employment in the courts. The First Amendment protects against retaliation for engaging in litigation and public criticism of the government. And the Noem Determination\u2019s threadbare justification for termination of the CBA exposes the retaliatory nature<\/strong> of the decision.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>49. Executive Order\u2019s broad exclusions from collective bargaining rights for federal workers found retaliatory and pretextual, rebutting presumption of regularity<\/h3>\n

Judge Paul Friedman (Clinton appointee),Federal Education Association v. Trump<\/em><\/a>, 1:25-cv-01362 (D.D.C.)<\/p>\n

This case involves President Trump\u2019s Executive Order (EO 14251), which excludes most federal workers from collective bargaining rights under the Civil Service Reform Act citing national security concerns.<\/p>\n

On Aug. 14, Judge Friedman granted a preliminary injunction<\/a> which rejected the government\u2019s argument that DoDEA has a \u201cprimary national security\u201d function due to the recruitment and retention aspect of educating servicemembers children, and held that the evidence supports the argument that the exclusions set out in the EO were intended as retaliation against labor organizations that have opposed President Trump or in furtherance of unrelated policy goals, thus rebutting the presumption of regularity. Judge Friedman held:<\/p>\n

\n

\u201cThere are at least two reasons to reject the government\u2019s argument and to conclude that the Court should look to the entirety of the Executive Order\u2019s exclusions. First, the evidence rebutting the presumption of regularity suggests that the Executive Order should be viewed in its entirety. As discussed at length in NTEU<\/u> and AFSA<\/u>, contemporaneous evidence surrounding the Executive Order demonstrates that the entire Executive Order likely was motivated by considerations outside of those identified in the statute: the exclusions were intended as retaliation against labor organizations that have opposed President Trump or in furtherance of unrelated policy goals.<\/strong> \u2026 As the Union Plaintiffs argue, evidence of these improper motives \u2018infect every one of [the Executive Order\u2019s] myriad exclusions,\u2019 \u2026 which negate any presumption that an individualized determination was made as to each of the excluded agencies and subdivisions. For the Court to analyze individual exclusions thus appears at odds with the evidence suggesting that the action as a whole was \u2018irregular.\u2019 The fact that the presumption of regularity is rebutted therefore may be \u2018decisive here,\u2019 and warrants considering the Executive Order as a whole.<\/strong>\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On Sept. 2, the D.C. Circuit administratively stayed<\/a> the district court\u2019s preliminary injunction pending further order of the court.<\/p>\n

<\/a>50. Preliminary injunction issued where FTC investigation of Media Matters deemed retaliatory for criticism of Musk\u2019s X.<\/h3>\n

Judge Sparkle L. Sooknanan (Biden appointee), Media Matters for America v. Federal Trade Commission<\/em><\/a>, 1:25-cv-01959 (D.D.C.)<\/p>\n

This case involves Media Matters\u2019 challenge to an FTC investigation, alleging it was retaliation for its reporting on Elon Musk\u2019s platform \u201cX\u201d.<\/p>\n

On Aug. 15, Judge Sooknanan granted<\/a> a preliminary injunction, finding \u201cthat Media Matters is likely to succeed on its First Amendment retaliation claim. \u2026 Media Matters engaged in quintessential First Amendment activity when it published an online article criticizing Mr. Musk and X. And the Court finds that the FTC\u2019s expansive CID [(civil investigative demands)] is a retaliatory act.\u201d In making this determination, she noted that the government offered \u201cno declaration explaining why they have decided to investigate Media Matters\u201d until after the present lawsuit commenced. For this reason, she concluded, \u201cgiven the comments by Chairman Ferguson and his colleagues about Media Matters, the timing of the CID, and evidence of pretext<\/strong>, Media Matters is likely to show that retaliatory animus<\/strong> was the but-for cause of the FTC\u2019s CID.\u201d (emphasis added).<\/p>\n

<\/a>51. Funding freeze targeting Harvard ruled retaliatory and pretextual<\/h3>\n

Judge Allison D. Burroughs (Obama appointee), President and Fellows of Harvard College v. United States Department of Health and Human Services<\/em><\/a>, 1:25-cv-11048 (D. Mass.) and American Association of University Professors – Harvard Faculty Chapter v. United States Department Of Justice<\/em><\/a>, 1:25-cv-10910 (D. Mass.) (related cases)<\/p>\n

This case involves the federal government freezing billions of dollars in funds to Harvard following the university\u2019s refusal to comply with the government\u2019s demands.<\/p>\n

On Sept. 3, Judge Burroughs held<\/a> that the administration\u2019s freeze and termination of Harvard\u2019s funding were retaliatory in violation of the First Amendment and granted Harvard summary judgment on its First Amendment retaliation claim; she also enjoined further funding actions taken in retaliation for Harvard\u2019s protected speech. Judge Burroughs stated:<\/p>\n

\n

\u201cBased on this administrative record, the Court is satisfied that Harvard\u2019s protected conduct was a substantial and motivating factor in the Freeze Orders and Termination Letters. Defendants contend, however, that Harvard\u2019s retaliation claim nonetheless fails because \u2018the agencies\u2019 terminations are explained by a nonretaliatory purpose: opposing antisemitism,\u2019 \u2026 such that the government \u201cwould have terminated\u201d the grants irrespective of Harvard\u2019s viewpoints[.] This argument does not carry the day. Defendants have failed to meet their burden to show they acted with a non-retaliatory purpose for several reasons. \u2026<\/p>\n

[T]he Court is satisfied that Harvard is entitled to summary judgment on its claim for First Amendment retaliation on the face of the administrative record<\/strong>. The Court would be remiss, however, if it did not note that the summary judgment record also contains numerous exhibits and undisputed facts that go beyond the administrative record that speak to Defendants\u2019 retaliatory motive in terminating Harvard\u2019s funding. Although Defendants now contend that Harvard\u2019s April 14 rejection and subsequent lawsuit had nothing to do with their decision to cut its funding, numerous government officials spoke publicly and contemporaneously on these issues, including about their motivations, and those statements are flatly inconsistent with what Defendants now contend. These public statements corroborate that the government-initiated onslaught against Harvard was much more about promoting a governmental orthodoxy in violation of the First Amendment than about anything else, including fighting antisemitism. \u2026<\/p>\n

The fact that Defendants\u2019 swift and sudden decision to terminate funding, ostensibly motivated by antisemitism, was made before they learned anything about antisemitism on campus or what was being done in response, leads the Court to conclude that the sudden focus on antisemitism was, at best (and as discussed infra<\/u>), arbitrary and, at worst, pretextual<\/strong>\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>52. Prosecution of Kilmar Abrego Garcia found \u201cpresumptively vindictive\u201d<\/h3>\n

Judge Waverly D. Crenshaw, Jr. (Obama appointee), United States v. Abrego Garcia<\/em><\/a>, 3:25-cr-00115, (M.D. Tenn.)<\/p>\n

This case involves the federal government\u2019s criminal prosecution of Kilmar Abrego Garcia following his filing of a legal challenge to his removal to El Salvador.<\/p>\n

On Aug. 19, Abrego Garcia moved<\/a> to dismiss the criminal case for alleged vindictive and selective prosecution (or, in the alternative, to order discovery and an evidentiary hearing on his claims). He argued that the government\u2019s May 21 indictment<\/a> of him for transporting undocumented aliens was retaliatory, including<\/a> to \u201cpunish him for challenging his removal, to avoid the embarrassment of accepting responsibility for its unlawful conduct, and to shift public opinion around Mr. Abrego\u2019s removal, including \u2018mounting concerns\u2019 with the government\u2019s compliance with court orders.\u201d<\/p>\n

On Oct. 3, Judge Crenshaw granted<\/a> Garcia\u2019s request for discovery and an evidentiary hearing, holding that\u2014considering the \u201ctotality of events\u201d\u2014Garcia made a prima facie showing of a \u201crealistic likelihood\u201d of vindictiveness. The court applied the presumptive-vindictiveness framework and found both factors present, noting the government\u2019s \u201csignificant stake\u201d in deterring Garcia\u2019s Maryland suit, the \u201csignificant burden on and embarrassment to the Executive Branch\u201d caused by Garcia\u2019s case, and the potential unreasonableness of its actions. The court highlighted Deputy Attorney General Todd Blanche\u2019s televised remarks tying the decision to investigate Abrego to an adverse Maryland court ruling, as possible direct evidence of \u201cactual vindictiveness\u201d (while reserving any finding on that issue at this stage). The court also stated, \u201cEven assuming the individual motive of Acting U.S. Attorney McGuire was pure, others\u2019 motives, like fruit from a poisonous tree, may taint this prosecution.\u201d<\/p>\n

<\/a>53. \u201cPreordained\u201d and \u201cpretextual;\u201d Venezuela TPS vacatur with \u201centirely baseless\u201d rationale<\/h3>\n

Judge Edward M. Chen (Obama appointee), National TPS Alliance v. Noem<\/em><\/a>, 3:25-cv-01766 (N.D. Cal.)<\/p>\n

This case challenges DHS\u2019s 2025 Temporary Protected Status actions\u2014vacating the prior Venezuela extension\/redesignation, terminating Venezuelans\u2019 TPS, and partially vacating Haitians\u2019 TPS.<\/p>\n

On Sept. 5, Judge Chen granted<\/a> summary judgment for the plaintiffs and denied the government\u2019s motions to dismiss. The Court held that Secretary Noem\u2019s Venezuela action vacating TPS status of Venezuelans was \u201cpreordained\u201d and \u201cpretextual:\u201d<\/p>\n

\n

\u201cFinally, the Secretary\u2019s decision to vacate was arbitrary and capricious because it was pretextual\u2014i.e., it was not animated by a concern about, e.g., novelty or confusion as professed, nor was it otherwise the result of reasoned agency decision making. Instead, the Secretary\u2014acting with unprecedented haste and in an unprecedented manner\u2014issued the vacatur for the preordained purpose of expediting termination of Venezuela\u2019s TPS.\u201d<\/p>\n<\/blockquote>\n

Judge Chen emphasized that the asserted rationale was \u201centirely baseless,\u201d that \u201cthere is no evidence of any reasoned decision making behind Secretary Noem\u2019s vacatur,\u201d and that the \u201chighly unusual and unprecedented\u201d failure to consult with other agencies reinforced the pretextual nature of the decision.<\/p>\n

As to Haiti, the court deemed the termination necessarily unlawful because it rested on the unlawful partial vacatur, and further held that plaintiffs plausibly alleged pretext\u2014pointing to DHS\u2019s \u201cdirectly contradictory\u201d explanations (a June 7 press release invoking improved conditions and national interest vs. a July 1 Federal Register notice relying only on national interest and describing ongoing instability), and noting that pretext may also be inferred from other evidence presented.<\/p>\n

On Oct. 3, the U.S. Supreme Court granted<\/a> the government\u2019s motion for a stay of the district court\u2019s Sept. 11 order as it applied to Venezuelan TPS.<\/p>\n

<\/a>54. Transgender military ban \u201clittered\u201d and \u201cdripping\u201d with pretext and \u201cbear no relation to fact\u201d<\/h3>\n

Judge Ana Reyes (Biden appointee), Talbott v. Trump<\/em><\/a>, 1:25-cv-00240 (D.D.C.)<\/p>\n

The case involved the Trump administration\u2019s efforts to ban transgender people from serving in the U.S. military, and to dishonorably discharge currently serving transgender service members.<\/p>\n

On Mar. 18, granting a preliminary injunction<\/a> against the administration\u2019s transgender military ban, Judge Reyes found that the administration\u2019s stated justifications were pretextual, writing that the Military Ban is \u201clittered with animus and pretext\u201d and \u201csoaked in animus and dripping with pretext,\u201d<\/strong> its language \u201cunabashedly demeaning, … and its conclusions bear no relation to fact<\/strong>\u201d (emphasis added). The court further expressed \u201cconsiderable doubt\u201d that the ban was needed to ensure fitness, emphasizing that the policy\u2019s \u201c\u2018breadth\u2019 [over targeting anyone considered affected by gender dysphoria] \u2018so far removed\u2019 from military health concerns, it is \u2018impossible to credit\u2019 Defendants\u2019 justifications\u2019\u201d (citation omitted).<\/p>\n

<\/a>55. DHS offered pretextual reasons for TPS termination for Nepal, Honduras, and Nicaragua<\/h3>\n

Magistrate Judge Sallie Kim,\u00a0National TPS Alliance v. Noem<\/em><\/a>, 3:25-cv-05687 (N.D. Cal.)<\/p>\n

This case challenges DHS\u2019s termination of Temporary Protected Status (TPS) for Nepal, Honduras, and Nicaragua.<\/p>\n

On Aug. 21, Judge Kim\u00a0granted<\/a> the plaintiffs\u2019 request for extra-record discovery on their APA and Equal Protection claims. The court held that the plaintiffs made a Department of Commerce v. New York<\/em>\u2013type showing of bad faith\/pretext, expressly relying on District Judge Trina L. Thompson\u2019sJul. 31 order<\/a> that found the TPS terminations were \u201cbased on a preordained determination \u2026 rather than an objective review of the country conditions,\u201d and quoting Judge Thompson\u2019s discussion of statements \u201cstereotyping the TPS program and immigrants as invaders.\u201d Judge Kim then added that these statements \u201csuggest [the Secretary\u2019s] decisions were based on racism, not country conditions\u201d and stated that \u201cplaintiffs have demonstrated that the reasons offered by the agency are pretextual.\u201d<\/p>\n

Additionally, for materials the government withheld under the deliberative-process privilege, the court held that the presumption of regularity \u201cdoes not apply\u201d because plaintiffs showed both that \u201cthe decision memoranda were improperly categorized as deliberative\u201d and that agency decisionmakers acted with bad faith, misconduct, or impropriety. The court further noted that deliberative materials may be relevant where the agency\u2019s stated reasons are \u201cpretextual.\u201d<\/p>\n

<\/a>56. HHS \u201cinvented\u201d two pretexts to support new grant conditions stripping gender-identity content from PREP\/SRAE<\/h3>\n

Judge Ann Aiken (Clinton appointee), State of Washington v. Health and Human Services<\/em><\/a>, 6:25-cv-01748 (D. Or.)<\/p>\n

The case challenges new HHS grant conditions that require states to remove all references to gender identity from federally funded sexual health education programs under the PREP and SRAE statutes<\/p>\n

Granting a preliminary injunction on Oct. 27, Judge Aiken found<\/a> that the government\u2019s explanations were \u201cabsurd\u201d and that it had offered at least two pretextsfor its actions. The court agreed with the plaintiffs that<\/p>\n

\n

\u201cthe real reason behind HHS\u2019s Gender Conditions is to \u2018erase\u2019 transgender and gender diverse people<\/strong> from the program materials consistent with \u2018this administration\u2019s overtly hostile comments regarding transgender people.\u2019 \u2026 That is, Plaintiff States contend that the real reason behind HHS\u2019s Gender Conditions is to implement the administration\u2019s policy objectives\u00a0<\/strong>as set out in E.O. 14,168. The Court agrees.\u201d\u00a0<\/strong>(citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

HHS initially directed Plaintiff States to submit curricula for a \u201cmedical accuracy review,\u201d but then \u201cchange[d] course\u201d and refrained from conducting that review. The court said:<\/p>\n

\n

\u201cOn this record, the Court infers that, in imposing the Gender Conditions, what HHS really seeks is to implement the administration\u2019s policy preferences. The \u2018medical accuracy review\u2019 was mere pretext.<\/strong>\u201d (emphasis added).<\/p>\n<\/blockquote>\n

The court further added that<\/p>\n

\n

\u201cafter HHS discovered that curricula materials that reference gender identity would survive a medical accuracy review, it then invented a second pretext<\/strong>\u2014that \u201cgender ideology is outside the scope of the authorizing statute.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

\u201cIn sum, HHS fails to show that the new grant conditions are reasonable, let alone offer any reasonable explanation, other than pretext, for its action,\u201d Judge Aiken concluded.<\/p>\n

<\/a>57. DOJ\u2019s subpoena of gender affirming care provider \u201cpretextual;\u201d DOJ \u201cabandoned good faith investigation\u201d<\/h3>\n

Judge Jamal N. Whitehead (Biden appointee),\u00a0QueerDoc, PLLC v. U.S. Department of Justice<\/em><\/a>, 2:25-mc-00042 (W.D. Wash.)<\/p>\n

This case concerns the Department of Justice’s issuance of an administrative subpoena to QueerDoc, a small telehealth provider of gender-affirming care.<\/p>\n

In quashing a Department of Justice subpoena directed at QueerDoc, Judge Whitehead\u00a0found<\/a> on Oct. 27 that the Justice Department\u2019s pursuit of the subpoena reflected an \u201cimproper purpose\u201d and a \u201cpretextual nature<\/strong>,\u201d and that the Department had \u201cabandoned good faith investigation<\/strong> in favor of policy enforcement through prosecutorial coercion\u201d (emphasis added).<\/p>\n

Rejecting the Justice Department\u2019s contention that the subpoena was tied to potential violations of the Food, Drug, and Cosmetic Act or False Claims Act, the court found instead that \u201cthis is not speculation about hidden motives\u2014it is the Administration\u2019s explicit agenda.\u201d The record demonstrated that the DOJ sought \u201cthe intended effect of its Executive Orders and these subpoenas to \u2018downsize or eliminate\u2019 all gender-affirming care.\u201d The court concluded: \u201cNo clearer evidence of improper purpose could exist than the Government\u2019s own repeated declarations that it seeks to end the very practice it claims to be merely investigating.\u201d<\/p>\n

The order underscored the \u201cpretextual nature\u201d of the subpoena, noting that \u201c[t]he Attorney General directed investigations of \u2018manufacturers and distributors engaged in misbranding\u2019 and providers submitting false insurance claims. QueerDoc is neither.\u201d The court explained that \u201cthis mismatch is not just a technicality. It suggests that the DOJ issued the subpoena first and searched for a justification second<\/strong>\u201d (emphasis added). Demanding thousands of patient records from an entity \u201cthat cannot, by definition, commit the violations being investigated\u201d confirmed that QueerDoc was targeted \u201cfor what it does (provide gender-affirming care) rather than how it does it (through any unlawful means)\u201d\u00a0<\/strong>(emphasis added).<\/p>\n

Judge Whitehead also struck down DOJ\u2019s attempt to supplement its case via an improper \u201cpraecipe,\u201d noting that even if considered, the declaration only \u201cfurther demonstrate[d] the pretextual nature of the subpoena\u201d<\/strong>\u2014showing the government had devoted \u201csubstantial national investigation\u201d resources, including \u201cmultiple FBI agents,\u201d to pursue a small telehealth provider with no link to the violations ostensibly under investigation (emphasis added).<\/p>\n

<\/a>58. OMB\u2019s actions during the government shutdown found \u201cretaliatory and partisan\u201d<\/h3>\n

Judge Susan Illston (Clinton appointee), American Federation of Government Employees, AFL-CIO v. Trump<\/em><\/a>, 3:25-cv-03698 (N.D. Cal.) and American Federation of Government Employees, AFL CIO v. United States Office of Management and Budget<\/em><\/a>, 3:25-cv-08302 (N.D. Cal.) (related cases)<\/p>\n

This case involves a challenge to OMB\u2019s Sept. 24 \u201cLapse Memorandum\u201d and OPM\u2019s Sept. 28 updated shutdown guidance and \u201cSpecial Instructions\u201d\u2014which authorized agencies to administer RIFs during the federal government shutdown beginning Oct. 1\u2014as unlawful and beyond their authority.<\/p>\n

On Oct. 28, issuing<\/a> a preliminary injunction, Judge Illston credited the plaintiffs\u2019 showing that the President and OMB \u201cexplicitly direct[ed] agencies to use RIFs to punish Democrats by targeting programs perceived as having a certain political affiliation,\u201d rejecting the government\u2019s rebuttal that the dispute turned on proof of individuals being targeted and was merely about \u201cpolicy priorities.\u201d She pointed to agency RIF notices and OMB\u2019s Lapse Memorandum indicating that programs \u201cnot in alignment with the President\u2019s priorities\u201d were treated as \u201cDemocrat-oriented,\u201d underscoring the partisan framing. The court concluded that<\/p>\n

\n

\u201cthe agencies sharply depart from historical practice, unilaterally acting out President Trump\u2019s and OMB Director Vought\u2019s retaliatory and partisan \u2018policy goal\u2019\u00a0<\/strong>of punishing Democrat-oriented agencies amid a government shutdown.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>59. Denial of November SNAP benefits \u201centirely \u2018pretextual;\u2019\u201d an example of \u201cunjustifiable partisanship\u201d<\/h3>\n

Chief Judge John J. McConnell, Jr. (Obama appointee), Rhode Island State Council of Churches v. Rollins<\/em><\/a>, 1:25-cv-00569 (D.R.I.)<\/p>\n

This case involves a challenge to USDA\u2019s October 2025 suspension of November SNAP benefits during the FY 2026 shutdown and its early termination of existing ABAWD work-requirement waivers, seeking declaratory and injunctive relief to set aside those actions and to compel the release of available contingency\/Section 32 funds to pay November benefits and reinstate the waivers.<\/p>\n

On Nov. 6, Judge McConnell granted<\/a> the plaintiffs\u2019 motion for a second TRO and ordered USDA to make full November SNAP payments by Nov. 7 using Section 32 and\/or contingency funds, holding that the administration\u2019s decision not to fully fund payments was likely \u201carbitrary and capricious\u201d because, inter alia<\/em>, it was \u201centirely \u2018pretextual\u2019\u201d<\/strong> and undertaken for \u201cpartisan political purposes\u201d (emphasis added).<\/p>\n

He grounded that conclusion in two strands of evidence. First was USDA\u2019s own public messaging: its website banner declared that \u201cthe well has run dry,\u201d even though USDA\u2019s 2019 guidance acknowledged that contingency funds can be used during a shutdown, and the banner was quietly removed after the Oct. 31 TRO. Second were President Trump\u2019s statements, which shifted from saying it would \u201cbe my honor\u201d to fund SNAP if directed by the court to insisting that \u201cSNAP BENEFITS \u2026 will be given only when the Radical Left Democrats open up government \u2026 and not before!\u201d Judge McConnell concluded:<\/p>\n

\n

\u201cThis Court is not na\u00efve to the administration\u2019s true motivations<\/strong>. \u2026 Far from being concerned with Child Nutrition funding, these statements make clear that the administration is withholding full SNAP benefits for political purposes<\/strong>. Such\u00a0\u2018unjustifiable partisanship\u2019\u00a0<\/strong>has\u00a0infected\u00a0<\/strong>the\u00a0USDA\u2019s decision-making<\/strong>.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

The court also emphasized in the introductory discussion of its order:<\/p>\n

\n

\u201cWhile the President of the United States professes a commitment to helping those it serves, the government\u2019s actions tell a different story.\u00a0<\/strong>Faced with a choice between advancing relief and entrenching delay, it chose the latter\u2014an outcome that predictably magnifies harm and undermines the very purpose of the program it administers. Such conduct is more than poor judgment; it is arbitrary and capricious. One cannot champion the public interest while simultaneously adopting policies that frustrate it. Discretion exercised in this manner ceases to be discretion at all\u2014it becomes obstruction cloaked in administrative formality.\u201d\u00a0<\/strong>(emphasis added).<\/p>\n<\/blockquote>\n

(The defendants also filed a\u00a0<\/em>notice<\/em><\/a>\u00a0advising the district court that Congress had restored full FY 2026 SNAP funding and that USDA had directed state agencies to \u201ctake immediate steps to ensure households receive their full November allotments promptly.\u201d)<\/em><\/p>\n

<\/a>60. Habeas Cases<\/h3>\n

These cases involve habeas corpus challenges arising from the Trump administration\u2019s efforts to combat antisemitism and protest activity, together with broader matters involving immigration detention and removal\u00a0<\/strong><\/p>\n

1) Judge Geoffrey W. Crawford (Obama appointee), Mahdawi v. Trump<\/em><\/a>, 2:25-cv-00389 (D. Vt.)<\/p>\n

On Apr. 30, Judge Crawford granted<\/a> the petition for a writ of habeas corpus, ordering the petitioner released on his personal recognizance during the pendency of his habeas proceeding. The judge stated that \u201c[the] evidence is sufficient for Mr. Mahdawi’s present purpose of raising a \u2018substantial claim\u2019 of First Amendment retaliation.\u201d<\/p>\n

On May 9, the Second Circuit denied<\/a> the government\u2019s appeal.<\/p>\n

2) Judge Angel Kelley (Biden appointee), Ercelik v. Hyde<\/em><\/a>, 1:25-cv-11007 (D. Mass.)<\/p>\n

On May 8, ordering the petitioner\u2019s immediate release, Judge Kelley found<\/a> that \u201cdetention is contrary to the Government\u2019s own policy initiatives\u201d because the petitioner had proven not to be a flight risk in criminal proceedings and had bought an airline ticket to leave the country voluntarily. \u201cIt rises to the level of near absurdity that Respondents are working to deport many people quickly and at minimal expense to the American taxpayer, but absent an improper purpose, intend to extend Petitioner\u2019s detention,\u201d the court wrote. \u201cThe facts leading to Petitioner\u2019s arrest point to a likelihood of success on the merits of his First Amendment retaliation claim,\u201d Kelley concluded.<\/p>\n

3) Judge Katherine M. Menendez (Biden appointee) Aditya Harsono v. Trump<\/em><\/a>, 0:25-cv-01976 (D. Minn.)<\/p>\n

On May 14, Judge Menendez granted<\/a> a petition for a writ of habeas corpus, stating:<\/p>\n

\n

\u201c[O]n this record, and with the showing made by Petitioner, it \u2026 likely indicates pretext<\/strong>, while the true reason for taking him into custody and detaining him during the ongoing removal proceedings is retaliation for his public expression of support for Palestinian human rights.<\/strong> \u2026 Accordingly, the Court finds that Mr. H has shown that he is in custody in violation of the First Amendment and is entitled to a writ of habeas corpus for his immediate release. \u2026 [T]he Court concludes that Mr. H prevails on his First Amendment retaliation claim.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

4) Judge Michael E. Farbiarz (Biden appointee) Khalil v. Joyce<\/em><\/a>, 2:25-cv-01963 (D.N.J.)<\/p>\n

On May 28, Judge Farbiarz ruled<\/a> in Mahmoud Khalil\u2019s favor on the ground that removal for his political activity was unconstitutional, but also ruled that Khalil had not yet sufficiently disputed the second ground for his removal on failure to disclose information in his 2024 legal permanent resident application. \u201cTo prevail on a First Amendment\u2013retaliation claim, the Petitioner would presumably need to show that the effort to remove him based on his alleged failure to disclose was caused by his First Amendment\u2013protected activity,\u201d the court wrote.<\/p>\n

On Jun. 11, Farbiarz found<\/a>:<\/p>\n

\n

\u201c[I]t is overwhelmingly likely<\/strong> that the Petitioner would not be detained based solely on the lawful-permanent-resident application charge. Rather, the Court finds, the Petitioner\u2019s detention almost surely flows from the charge that is based on the Secretary of State\u2019s determination<\/strong>.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

5) Judge Jerry W. Blackwell (Biden appointee) Mohammed H. v. Trump<\/em><\/a>, 0:25-cv-01576 (D. Minn.)<\/p>\n

On Jun. 17, Judge Blackwell granted<\/a> the petition for a writ of habeas corpus, stating:<\/p>\n

\n

\u201cPetitioner supplie[d] evidence of what caused the change in treatment: targeted speech retaliation in accordance with the Trump administration\u2019s policies\u2026 these events appear to be reverse-engineered justifications for speech-based targeting and enforcement<\/strong>.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

The court further noted:<\/p>\n

\n

\u201cThe record reflects a coordinated series of executive actions\u2014retaliatory in focus<\/strong>, opaque in their justification, and deficient in process.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

6) Judge Kymberly K. Evanson (Biden appointee), E.A. T.-B. v. Wamsley<\/em><\/a>, 2:25-cv-01192 (W.D. Wash.)<\/p>\n

On Aug. 19, granting<\/a> a habeas petition and ordering the petitioner\u2019s release after he was arrested by ICE agents immediately following an immigration-court hearing, Judge Evanson rejected the government\u2019s post-hoc attempt to justify the arrest as based on alleged Alternatives to Detention (ATD) violations, noting that although the government \u201cnow asserts that ICE became aware of Petitioner\u2019s alleged ATD violations (which occurred months earlier) a few hours before his immigration hearing,\u201d the government\u2019s attorney \u201cdid not raise the violations, nor argue that Petitioner should be detained for any reason\u201d at that hearing, and that the petitioner was then given \u201cmultiple inconsistent justifications<\/strong> for his arrest,\u201d such that, considering the timing and the government\u2019s earlier decisions in his favor, these circumstances \u201craise concerns that Petitioner\u2019s arrest was not in fact motivated by his ATD violations\u201d (emphasis added).<\/p>\n

Note: The above list excludes cases in which courts found the government engaged in unlawful retaliation but did not involve a judicial finding of pretextual rationale. Such cases include: Associated Press v. Budowich<\/em><\/a>, 1:25-cv-00532 (D.D.C.) (Judge Trevor N. McFadden (Trump appointee)), stay granted in part by No. 25-5109<\/a> (D.C. Cir.); Ozturk v. Hyde<\/em><\/a>, 2:25-cv-00374 (D. Vt.) (Judge William K. Sessions III (Clinton appointee); Suri v. Trump<\/em><\/a>, 1:25-cv-00480 (E.D. Va.) (Judge Patricia T. Giles (Biden appointee)).<\/p>\n

<\/a>Chapter 3. Court Findings of \u201cArbitrary and Capricious\u201d Administrative Action<\/h1>\n

<\/a><\/a>Introduction<\/h2>\n

<\/a>The opposite of following the rules and acting with procedural consistency\u2014behavior that undergirds the presumption of regularity\u2014is arbitrary and capricious decision-making under the Administrative Procedure Act (APA). See\u00a0<\/em>5 U.S.C. 706(2)(A).<\/a> In other words, since the presumption of regularity is based on the notion that agencies generally follow regular procedures, what happens if the baseline order of business is different? What if arbitrary and capricious conduct was instead widespread or pervasive? The application of the presumption would lose the basis for its support.<\/p>\n

In this Chapter, we document 68 cases in which courts have held that the administration likely engaged in arbitrary and capricious conduct since Jan. 20, 2025. Although some readers might wonder whether, in theory, findings of arbitrary and capricious conduct may not always suggest agency irregularity in the relevant sense for the presumption of regularity, the excerpted court opinions below allow one to gauge the nature and gravity of these judicial findings.<\/p>\n

Notably, this catalog of cases reflects only a subset of instances in which courts have found the government violated required administrative procedures. In other cases<\/a>, courts have set aside administrative actions that were \u201cnot in accordance with law\u201d or that occurred \u201cwithout observance of procedure required by law.\u201d See\u00a0<\/em>5 U.S.C. 706(2)(A) & (D)<\/a>. In other words, the list below is arguably a conservative estimate of court findings of government wrongdoing.<\/p>\n

The following list is in chronological order.<\/p>\n

<\/a>1. Judge Loren L. AliKhan (Biden appointee),\u00a0National Council of Nonprofits v. Office of Management and Budget<\/em><\/a>, 1:25-cv-00239 (D.D.C.)<\/h2>\n

Executive Action<\/strong>: OMB memo M-25-13 instituting a \u201ctemporary pause\u201d of grants, loans, and assistance programs (memo cited a variety of relevant EOs).<\/p>\n

On Feb. 3, Judge AliKhan granted<\/a> plaintiffs\u2019 request for a temporary restraining order to prevent OMB memo M-25-13 from having effect; on Feb. 25, Judge AliKhan entered<\/a> a preliminary injunction. In the Feb. 3 TRO, she wrote<\/a>:<\/p>\n

\n

\u201cDefendants have offered no rational explanation for why they needed to freeze all federal financial assistance\u2014with less than twenty-four-hours\u2019 notice\u2014to \u2018safeguard valuable taxpayer resources.\u2019 … Rather than taking a measured approach to identify purportedly wasteful spending, Defendants cut the fuel supply to a vast, complicated, nationwide machine\u2014seemingly without any consideration for the consequences of that decision. To say that OMB \u2018failed to consider an important aspect of the problem\u2019 would be putting it mildly<\/strong>.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

In the Feb. 25 preliminary injunction, Judge AliKhan offered substantially similar reasoning, concluding<\/a>:<\/p>\n

\n

The arbitrary-and-capricious review at this stage of the litigation remains largely unchanged from the court\u2019s earlier opinion. The touchstone of this inquiry is rationality, and Defendants\u2019 actions flunk that test. Defendants still cannot provide a reasonable explanation<\/strong> for why they needed to freeze all federal financial assistance in less than a day to \u2018safeguard valuable taxpayer resources.\u2019 \u2026<\/p>\n

In the simplest terms, the freeze was ill-conceived from the beginning<\/strong>. \u2026 Defendants\u2019 actions were irrational, imprudent, and precipitated a nationwide crisis. Plaintiffs have therefore shown a likelihood of success on their arbitrary and capricious claim.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

Pending the government\u2019s\u00a0<\/em>appeal<\/em><\/a>\u00a0to the D.C. Circuit, the district court stayed its preliminary injunction; under the\u00a0<\/em>current schedule<\/em><\/a>, the appellant\u2019s brief and appendix are due Sept. 19, the appellee\u2019s brief is due Oct. 20, and the reply brief is due Nov. 10.<\/em><\/p>\n

<\/a>2. Judge John D. Bates (Bush appointee),\u00a0Doctors for America v. Office of Personnel Management<\/em><\/a>, 1:25-cv-00322 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Removal of information from HHS websites under Executive Order on \u201cGender Ideology Extremism\u201c (Executive Order 14168)<\/p>\n

On Feb. 11, Judge Bates granted<\/a> a temporary restraining order, stating:<\/p>\n

\n

\u201cThe Court agrees that DFA has demonstrated a likelihood of success on the merits as to this claim. By removing long relied upon medical resources without explanation, it is likely that each agency failed to \u2018examine the relevant data and articulate a satisfactory explanation for its action including a rational connection between the facts found and the choice made\u2019.<\/strong> Hand in hand with the lack of explanation, it is also likely that the agencies \u2018failed to consider\u2019 the \u2018important\u2019 issue of the substantial reliance by medical professionals on the removed webpages. Ramachandran and Liou attest that they \u2018rely on webpages and datasets\u2019 from the CDC and FDA \u2018to do [their] work\u2019 … Medical providers\u2019 widespread and routine reliance on information is an identified and adequately alleged reliance interest. DFA has thus shown a substantial likelihood of success on the merits as to its claims that CDC, HHS, and FDA acted arbitrarily and capriciously in removing the webpages.\u201d<\/strong> (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

After the TRO expired on Feb. 25, plaintiffs filed an expedited motion for summary judgment (with a preliminary-injunction request) to secure merits relief on the legality of the OPM Memo and HHS Guidance\u2014the same directives at the heart of the TRO. Granting<\/a> in part the motion for summary judgment (and denying as moot the preliminary injunction request), Judge Bates wrote:<\/p>\n

\n

\u201cConsidering the scant administrative record, the answer here is clear: neither the OPM Memo nor the HHS Guidance was the product of reasoned decisionmaking<\/strong>. \u2026 The E.O. itself thus does not provide a reasoned explanation for these specific actions by the agencies. \u2026<\/p>\n

But common sense dictates there are numerous ways to remove an offending word or statement without rescinding the entire webpage. Why did the agencies choose this route? The OPM Memo, HHS Guidance, and administrative record are again silent<\/strong>. Similarly, although the defendants stated an intent to modify some of the removed webpages, there is silence as to why the agencies chose to remove the webpages pending mere modification. \u2026<\/p>\n

The defendants have not explained their decisionmaking<\/strong>, and from the sparse administrative record it cannot \u2018reasonably be discerned.\u2019\u00a0<\/strong>\u2026<\/p>\n

The defendants engendered the plaintiffs\u2019 substantial reliance on the webpages and datasets. The APA thus required the defendants to weigh that reliance against competing policy concerns before adopting removal policies. … Because the defendants admittedly failed to do so, the OPM Memo and HHS Guidance were yet again arbitrary and capricious. \u2026<\/p>\n

The defendants\u2019 actions were ill-conceived from the beginning<\/strong>. Rather than taking a measured approach to harmonizing the HHS defendants\u2019 public-facing webpages with the Gender Ideology E.O., considering their other statutory obligations, and ascertaining and weighing the obvious reliance interests\u2014which the E.O. left the agencies time to do\u2014the defendants instead adopted policies of \u2018remove first and assess later\u2019 that failed to consider multiple important aspects of the situation.<\/strong> \u2026 In fact, the administrative record is devoid of reasoning generally,<\/strong> save a handful of references to the E.O. and the OPM Memo. The APA requires more. \u2026 A court must consider whether the evidence in the administrative record permitted the agency to make the decision it did, \u2026 and here the evidence did not. For these reasons, the OPM Memo and HHS Guidance were arbitrary and capricious and thus violated the APA.<\/strong> (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>3. Judge Amir Ali (Biden appointee),\u00a0AIDS Vaccine Advocacy Coalition v. United States Department of State<\/em><\/a>, 1:25-cv-00400 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Dismantling of USAID (Executive Order 14169) (State Dept stop-work order)<\/p>\n

On Feb. 13, Judge Ali issued<\/a> a temporary restraining order, stating:<\/p>\n

\n

\u201cThere has been no explanation offered in the record, let alone a \u2018satisfactory explanation … including a rational connection between the facts found and the choice made,\u2019 as to why reviewing programs\u2014many longstanding and taking place pursuant to contractual terms\u2014 required an immediate and wholesale suspension of appropriated foreign aid. Plaintiffs have also shown that implementation of the blanket suspension is likely arbitrary and capricious given the apparent failure to consider immense reliance interests, including among businesses and other organizations across the country<\/strong>. No aspect of the implemented policies or submissions offered by Defendants at the hearing suggests they considered and had a rational reason for disregarding the massive reliance interests of the countless small and large businesses that would have to shutter programs or shutter their businesses altogether and furlough or lay off swaths of Americans in the process. In their implementation of the blanket suspension of foreign aid, Defendants accordingly appear to have \u2018entirely failed to consider an important aspect of the problem<\/strong>.\u2019\u201d(emphasis added).<\/p>\n<\/blockquote>\n

On Mar. 10, the court granted in part a preliminary injunction<\/a>, reaffirming its TRO conclusion that plaintiffs were likely to succeed on their APA challenge to the original blanket suspension. Judge Ali wrote that it \u201ccontinues to be true with respect to the original implementing directives\u201d that \u201cDefendants\u2019 implementation of a blanket suspension of congressionally appropriated foreign aid pending review was arbitrary and capricious.\u201d He continued:<\/p>\n

\n

\u201cDefendants have yet to offer any explanation, let alone one supported by the record,<\/strong> for why a blanket suspension setting off a shockwave and upending reliance interests for thousands of businesses and organizations around the country was a rational precursor to reviewing programs. \u2026<\/p>\n

Despite pointing to the possibility of waivers again in their preliminary injunction briefing, Defendants have not proffered any evidence to rebut the showing Plaintiffs made at the TRO stage<\/strong>. \u2026<\/p>\n

Because the current record does not include \u2018a rational connection between the facts found and the choice made\u2019 and indicates Defendants \u2018entirely failed to consider an important aspect of the problem,\u2019 Plaintiffs are likely to succeed on their APA claims as they relate to the original directives implementing a blanket suspension of aid.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

Update 1 (Oct. 15, 2025)<\/u><\/strong>:<\/p>\n

On Sept. 3, Judge Ali issued<\/a> a new order granting a preliminary injunction after plaintiffs filed an amended complaint<\/a> on May 2. He stated:<\/p>\n

\n

\u201cThe Court previously concluded in granting a TRO and later a preliminary injunction that Defendants\u2019 blanket determination to freeze foreign aid funds was likely arbitrary and capricious. \u2026 The same is true of the agency Defendants\u2019 decision to simply not spend billions of dollars in congressionally appropriated foreign aid across numerous categories and instead let those funds expire. Defendants have not offered any explanation for the decision to ignore billions of dollars in appropriated funds<\/strong> rather than obligate them in a manner that aligns with both Congress\u2019s stated purposes and the Executive\u2019s priorities. Nor<\/strong> do Defendants appear to have considered the reliance interests<\/strong> of Plaintiffs and other organizations, or the beneficiaries of their services, who have relied on the agencies\u2019 longstanding policies and practices.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

After both Judge Ali<\/a> and the D.C. Circuit<\/a> denied stays of the Sept. 3 PI, the Supreme Court, in a 6\u20133 decision on Sept. 26, granted the administration\u2019s application<\/a> to stay the PI pending the D.C. Circuit appeal<\/a>, finding<\/a> that \u201cat this early stage, [the government] has made a sufficient showing that the Impoundment Control Act precludes respondents\u2019 suit, brought pursuant to the Administrative Procedure Act, to enforce the appropriations at issue here.\u201d<\/p>\n

<\/a>4. Judge Jeannette A. Vargas (Biden appointee),\u00a0State of New York v. Trump<\/em><\/a>, 1:25-cv-01144 (S.D.N.Y.)<\/h2>\n

Executive Action:<\/strong> Disclosure of personal and financial records to DOGE<\/p>\n

On Feb. 21, Judge Vargas issued<\/a> a preliminary injunction, stating:<\/p>\n

\n

\u201cBased upon the factual record developed to date, the Court finds that Plaintiffs will more likely than not succeed in establishing that the agency\u2019s processes for permitting the Treasury DOGE Team access to critical BFS payment systems, with full knowledge of the serious risks that access entailed<\/strong>, was arbitrary and capricious.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>5. Judge William Haskell Alsup (Clinton appointee),\u00a0American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Charles Ezell<\/em><\/a>, 3:25-cv-01780 (N.D. Cal.)<\/h2>\n

Executive Action:\u00a0<\/strong>Large-scale reductions in force \/ Termination of probationary employees (Executive Order 14210)<\/p>\n

On Feb. 28, Judge Alsup issued an amended temporary restraining order<\/a>, finding:<\/p>\n

\n

\u201cPlaintiffs are also likely to show that the OPM directive was an arbitrary and capricious action. . . . The key fact here is that the template letters sent from OPM to the directed agencies stated: \u2018[T]he Agency finds, based on your performance, that you have not demonstrated that your further employment at the Agency would be in the public interest.\u2019 First, it is unlikely, if not impossible, that the agencies themselves had the time to conduct actual performance reviews of the thousands terminated in such a short span of time. It is even less plausible that OPM alone\u00a0<\/em>managed to do so. In at least one instance, a terminated scientist had received a glowing review\u2026 five days before he was terminated \u2018for [his] performance.\u2019 \u2018Reliance on facts that an agency knows are false at the time it relies on them is the essence of arbitrary and capricious decisionmaking.\u2019\u201d<\/strong> (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On Mar. 13, Judge Alsup granted<\/a> plaintiffs\u2019 request for a preliminary injunction, stating: \u201cOPM\u2019s ultra vires directive is likely to constitute an unlawful final agency action that is \u2018arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,\u2019 \u2018in excess of statutory jurisdiction, authority, or limitations, or short of statutory right,\u2019 and \u2018without observance of procedure required by law.\u2019\u201d Defendants filed an ex parte motion to stay the injunction pending appeal to the Ninth Circuit, but Judge Alsup denied<\/a> the motion, and the Ninth Circuit further denied<\/a> the request for an administrative stay on Mar. 17. However, on Apr. 8, the Supreme Court granted<\/a> the requested stay on the basis of standing. On Apr. 18, Judge Alsup granted<\/a> another preliminary injunction, applying the original preliminary injunction to new union plaintiffs, under an unspecified provision of the APA (\u201cOPM\u2019 directive constituted an ultra vires act that infringed upon all impacted agencies\u2019 statutory authority to hire and fire their own employees\u2026 No statute \u2014 anywhere, ever \u2014 has granted OPM the authority to direct the termination of employees in other agencies\u201d).<\/p>\n

On Jun. 5, plaintiffs filed<\/a> a motion for summary judgment, leading defendants to also cross-move<\/a> for summary judgment on Jul. 3. On Sept. 12, Judge Alsup granted plaintiffs\u2019 motion, holding:<\/p>\n

\n

\u201cThe OPM directive was arbitrary and capricious<\/strong>: It directed the termination of over 25,000 probationers across the federal government \u2018based on [their] performance\u2019 pursuant to Sections 315.803 and 315.804 without any consideration of actual performance or conduct, or any \u2018rational connection between the facts found and the choice made<\/strong>.\u2019 The record contains repeated, unequivocal direction to agencies that \u2018agencies must identify performance or conduct deficiencies in the notice terminating a probationer\u2019. The record does not contain a single<\/p>\n<\/blockquote>\n

mention of any performance deficiency on the part of any probationer terminated pursuant to<\/p>\n

OPM\u2019s directive. Even where OPM granted agencies\u2019 pleas for exemptions, it provided \u2018no explanation at all\u2019 for doing so\u2026 OPM lacked the authority to direct other agencies to terminate their probationary employees and violated the APA when it did so<\/strong>.\u201d<\/p>\n

<\/a>6. Judge Jamal N. Whitehead (Biden appointee),\u00a0Pacito v. Trump<\/em><\/a>, 2:25-cv-00255 (W.D. Wash.)<\/h2>\n

Executive Action:\u00a0<\/strong>Suspension of the U.S. Refugee Admissions Program (Executive Order No. 14163) and Refugees Funding Suspension (Dept. of State Notice)<\/p>\n

On Feb. 28, Judge Whitehead issued<\/a> a preliminary injunction preventing the suspension of the Refugee Admissions Program:<\/p>\n

\n

\u201cThe Agency Defendants provided no explanation whatsoever<\/strong> for these substantive expansions of the USRAP EO. They\u00a0did not<\/strong>, as is required under arbitrary-and-capricious review, acknowledge, let alone meaningfully consider, the reliance interests<\/strong> of refugees, U.S. citizens, and resettlement nonprofits harmed by their actions. Nor did they articulate any consideration of alternative options\u2014such as the implementation of a case-by-case admissions system at the discretion of the Secretaries of State and Homeland Security\u2014that might mitigate the harms of the Agency Suspension. Instead, they merely cite the USRAP EO as a justification for their actions. But the USRAP EO\u2014which is itself unlawful\u2014cannot, on its face, explain the Agency Defendants\u2019 discretionary expansions of the USRAP EO.<\/p>\n

The Refugee Funding Suspension likewise went far beyond the text of the Foreign Aid EO that it purported to implement. \u2026 [The] EO calls only for a pause in \u2018foreign development assistance\u2019 and says nothing about USRAP, refugee case processing, or refugee services. Nevertheless, the Agency Defendants, with no explanation<\/strong>, construed the Foreign Aid EO as requiring the total suspension of all funding for USRAP operations\u2014 including, contrary to reason<\/strong>, funding for domestic<\/em> refugee resettlement support. \u2026<\/p>\n

As with the Agency Suspension, the Agency Defendants provided no reasoned explanation<\/strong> for the Refugee Funding Suspension. … Secretary Rubio issued the Suspension Notices because USRAP-related funding \u2018is appropriated under the \u2018Migration and Refugee Assistance\u2019 (MRA) heading of title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act (SFOAA)\u201d\u2014which was paused in response to the Foreign Aid EO. This is no explanation at all. Defendants effectively concede that Secretary Rubio discretionarily halted USRAP funding yet give no insight into the reasons for that decision. Nor did the Agency Defendants apparently consider reasonable alternatives. \u2026<\/p>\n

Additionally, the State Department did not acknowledge the apparent deviation from its own regulations<\/strong> implementing the Refugee Act\u2026 Those regulations expressly provide that \u2018[p]ayments for allowable costs must not be withheld … unless required by Federal statute, regulations, or\u2019 if \u2018[t]he recipient … has failed to comply with the terms and conditions of the Federal award\u2019 or \u2018is delinquent in a debt to the United States.\u2019 None of those conditions appear to be met here.<\/p>\n

In sum, the Court finds that the Plaintiffs are likely to prove that the Agency Suspension and the Refugee Funding Suspension are arbitrary and capricious and must therefore be set aside under the APA.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On March 24, the Judge Whitehead granted<\/a> the plaintiffs’ supplemental preliminary injunction after the State Department responded to the Feb. 28 PI by issuing one-page notices terminating the resettlement agencies\u2019 cooperative agreements as \u201cno longer effectuat[ing] agency priorities.\u201d In granting that relief, Judge Whitehead found the mass terminations\u2014which dismantled USRAP infrastructure\u2014lacked any reasoned explanation and were likely arbitrary and capricious, and it enjoined the terminations and ordered the agreements reinstated. Judge Whitehead wrote:<\/p>\n

\n

\u201cThe Court finds strong evidence that the Funding Termination is arbitrary and capricious. Most fundamentally, DOS provided no factual findings or bases for its termination decisions<\/strong>, making it impossible to \u2018articulate[] a rational connection between the facts [it] found and the choice [it] made.\u2019 \u2026 This marks the Funding Termination as arbitrary and capricious because it constitutes a shift in agency policy without any reasoned explanation.\u00a0<\/strong><\/p>\n

The Government has failed to show<\/strong> that the Agency Defendants ever assessed the reliance interests<\/strong> they engendered through their longstanding USRAPinfrastructure and standard USRAP practices. Nor has the Government shown that the Agency Defendants \u2018weigh[ed] any such interests against competing policy concerns,\u2019 \u2026 or that they considered alternatives to the Funding Termination that fell \u2018within the ambit of existing [policy].\u2019\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>7. Judge Angel Kelley (Biden appointee),\u00a0Commonwealth of Massachusetts v. National Institutes of Health<\/em><\/a>, 1:25-cv-10338 (D. Mass.) consolidated with Association of American Medical Colleges v. National Institutes of Health<\/a>, 1:25-cv-10340 (D. Mass.) and Association of American Universities, et al. v. Department of Health and Human Services<\/a>, 1:25-cv-10346 (D. Mass.)<\/h2>\n

Executive Action:<\/strong> Reduction of indirect cost reimbursement rate for research institutions (NIH Guidance) (DOE Rate Cap Policy, Apr. 11, 2025)<\/p>\n

On Mar. 5, Judge Kelley ruled<\/a> that a preliminary injunction should be issued to prevent the reduction, stating:<\/p>\n

\n

\u201c[T]he explanations for the cap of 15% on ICRs are insufficient, and thus the Rate Change Notice is arbitrary and capricious, for two reasons.<\/p>\n

First, the explanations are conclusory. \u2026 As described above, NIH failed to provide any reasoning, rationale, or justification at all<\/strong>. It claims that more funds will go to direct research but fails to address how the money will actually be directed to cover direct costs and how that research will be conducted absent the necessary indirect cost reimbursements provided by the federal government. This is particularly true considering the number of universities and associations that have made clear that research will have to be cut, as other funding sources will not be able to make up the shortfall. \u2026 NIH asserts the Rate Change Notice will bring the ICRs in line with private foundations, providing no explanation for this choice in light of the fact that private organizations, like the Gates Foundation, are \u2018more expansive than NIH in defining direct costs, meaning some overhead payments are wrapped in with the grant.\u2019 \u2026 The failure to provide any type of reasoning renders the Rate Change Notice arbitrary and capricious. \u2026\u00a0<\/strong><\/p>\n

Second, NIH\u2019s proffered\u00a0\u2018reasons\u2019 fail to grapple with the relevant factors or pertinent aspects of the problem and fails to demonstrate a rational connection between the facts and choice that was made.<\/strong> \u2026 As the reasons in the Rate Change Notice are both conclusory and fail to grapple with the necessary factors, facts, and pertinent aspects of the problem demanded by this change from the existing ICR negotiation process, the Plaintiffs are likely to succeed in their claims that the Rate Change Notice is arbitrary and capricious.\u201d (emphasis added)<\/p>\n<\/blockquote>\n

After the Mar. 5 PI, defendants\u2014with the plaintiffs\u2019 assent\u2014moved<\/a> to convert that order into a permanent injunction, telling the court there were no remaining factual or legal disputes and that conversion would allow prompt appellate review. Judge Kelley granted<\/a> the motion on Apr. 4, entered a nationwide permanent injunction and vacated the NIH Guidance (finding the guidance unlawful, including as arbitrary and capricious).<\/p>\n

The defendants\u00a0<\/em>appealed<\/em><\/a>\u00a0the permanent injunction on April 8, with oral argument currently\u00a0<\/em>scheduled<\/em><\/a>\u00a0for Nov. 5.<\/em><\/p>\n

<\/a>8. Judge John James McConnell, Jr. (Obama appointee),\u00a0State of New York v. Trump<\/em><\/a>, 1:25-cv-00039 (D.R.I.)<\/h2>\n

Executive Action:<\/strong> \u201cTemporary Pause\u201d of grants, loans, and assistance programs<\/p>\n

On Mar. 6, Judge McConnell issued<\/a> a preliminary injunction on the executive freeze of federal funds, stating:<\/p>\n

\n

\u201cThe Court finds that the Defendants have not provided a rational reason that the need to \u2018safeguard valuable taxpayer resources\u2019 is justified by such a sweeping pause of nearly all federal financial assistance with such short notice. Rather than taking a deliberate, thoughtful approach to finding these alleged unsubstantiated \u2018wasteful or fraudulent expenditures,\u2019 the Defendants abruptly froze billions of dollars of federal funding for an indefinite period. It is difficult to perceive any rationality in this decision\u2014let alone thoughtful consideration of practical consequences\u2014when these funding pauses endanger the States\u2019 ability to provide vital services, including but not limited to public safety, health care, education, childcare, and transportation infrastructure.\u00a0<\/strong>\u2026 Thus, the States have substantiated a likelihood of success of proving that the Agency Defendants\u2019 implementation of the funding freeze was arbitrary and capricious.\u201d (emphasis added)<\/p>\n<\/blockquote>\n

<\/a>9. Judge Julie R. Rubin (Biden appointee),\u00a0American Association of Colleges for Teacher Education v. Carter<\/em><\/a>, 1:25-cv-00702 (D. Md.)<\/h2>\n

Executive Action:<\/strong> Ban on DEIA initiatives in the executive branch and by contractors and grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)<\/p>\n

On Mar. 17, Judge Rubin issued<\/a> a preliminary injunction on the ban, stating:<\/p>\n

\n

\u201c[The grant termination decisions] are likely to be provenarbitrary and capricious, because the Department\u2019s action was unreasonable, not reasonably explained<\/strong>, based on factors Congress had not intended the Department to consider (i.e., not agency priorities), and otherwise not in accordance with law.\u201d<\/p>\n<\/blockquote>\n

On Apr. 10, the 4th Cir.\u00a0<\/em>granted<\/em><\/a>\u00a0a stay of the PI pending the government\u2019s appeal.\u00a0<\/em><\/p>\n

<\/a>10. Judge Ellen Lipton Hollander (Obama appointee),\u00a0American Federation of State, County and Municipal Employees, AFL-CIO v. Social Security Administration<\/em><\/a>, 1:25-cv-00596 (D. Md.)<\/h2>\n

Executive Action:<\/strong> Disclosure of personal and financial records to DOGE<\/p>\n

On Mar. 20, Judge Hollander issued<\/a> a temporary restraining order preventing DOGE from accessing SSA system data, writing:<\/p>\n

\n

\u201cAs discussed, defendants have not provided the Court with a reasonable explanation for why the DOGE Team needs access to the wide swath of data maintained in SSA systems in order to root out fraud and abuse. \u2026 [D]efendants disregarded protocols for proper hiring, onboarding, training, and access limitations, and, in a rushed fashion, provided access to a massive amount of sensitive, confidential data to members of the DOGE Team, without any articulated explanation for the need to do so. …<\/p>\n

Plaintiffs are likely to succeed on a claim that the conduct at issue was unreasonable and capricious. Plaintiffs have therefore shown a likelihood of success on their arbitrary and capricious claim.\u201d<\/p>\n

Plaintiffs have therefore shown a likelihood of success on their arbitrary and capricious claim.\u201d<\/p>\n<\/blockquote>\n

On Apr. 17, she further issued<\/a> a preliminary injunction preventing DOGE team members from accessing data, stating reasoning very similar to her TRO:<\/p>\n

\n

\u201cAs discussed, defendants have not provided the Court with a reasonable explanation for why the entire DOGE Team needs full access to the wide swath of data maintained in SSA systems in order to undertake the projects. … [D]efendants ran roughshod over SSA protocols for proper hiring, onboarding, training, and, most important, access limitations and separation of duties. \u2026<\/p>\n

SSA hastily provided access to an enormous quantity of sensitive, confidential data to members of the DOGE Team, without meaningful explanation for why these members needed access to PII to perform their duties. Indeed, the Administrative Record is rife with examples of ambiguous explanations for why DOGE Team members sought access to PII. Not once did Dudek inquire further into why this access is needed. Nor did he ever reject any request for access. \u2026<\/p>\n

Plaintiffs are likely to succeed on a claim that the conduct at issue was unreasonable and capricious. Plaintiffs have therefore shown a likelihood of success on their arbitrary and capricious claim under the APA.\u201d<\/p>\n<\/blockquote>\n

On June 6, the Supreme Court\u00a0<\/em>stayed<\/em><\/a>\u00a0Judge Hollander\u2019s preliminary injunction pending appeal, and on Aug. 13, the district court\u00a0<\/em>stayed<\/em><\/a>\u00a0further proceedings while the Fourth Circuit considered the\u00a0<\/em>appeal<\/em><\/a>.<\/em><\/p>\n

<\/a>11.\u00a0Judge Edward M. Chen (Obama appointee), National TPS Alliance v. Noem<\/em><\/a>, 3:25-cv-01766 (N.D. Cal.)<\/h2>\n

Executive Action<\/strong>: DHS Revocation of Temporary Protected Status (TPS)<\/p>\n

On Mar. 31, Judge Chen granted<\/a> the plaintiffs\u2019 \u00a7 705 motion to postpone. The court found the vacatur of Venezuelan TPS likely arbitrary and capricious because (1) it rested on \u201clegal (as well as factual) error\u201d\u2014the Mayorkas extension was not \u201cnovel,\u201d caused no undue confusion, and complied with \u00a7 1254a; (2) DHS failed to consider obvious alternatives \u201cwithin the ambit of the existing policy,\u201d including simply de-consolidating the registration and keeping the 2021 and 2023 tracks separate; and (3) the record\u2014including the government\u2019s admissions at argument\u2014showed the real aim was to undo the Mayorkas extension rather than to alleviate \u201cconfusion.\u201d<\/p>\n

On May 19, the Supreme Court\u00a0<\/em>stayed<\/em><\/a>\u00a0that order while the government appealed. The Ninth Circuit ultimately\u00a0<\/em>affirmed<\/em><\/a>\u00a0Judge Chen\u2019s preliminary order.<\/em><\/p>\n

On Sept. 5, Judge Chen granted<\/a> summary judgment for the plaintiffs and denied the government\u2019s motions to dismiss. The court held that the Secretary lacked (and, in any event, exceeded) statutory authority to vacate prior TPS extensions\/redesignations\u2014specifically the Venezuela vacatur and the Haiti partial vacatur\u2014and that those vacaturs were arbitrary and capricious because, inter alia, they were \u201cpreordained,\u201d undertaken without meaningful inter-agency consultation or contemporaneous country-conditions review, and supported by rationales that failed to demonstrate reasoned agency decision-making or any factual or legal basis. As to the termination of Venezuela\u2019s TPS, the court held the action was unlawful because it rested on the unlawful vacatur and was arbitrary and capricious for failure to engage in meaningful consultation and to explain the reversal of established DHS practice.<\/p>\n

Regarding the Venezuela vacatur, Judge Chen wrote:<\/p>\n

\n

\u201c[T]here is no factual or legal support for the Secretary\u2019s asserted reason for the vacatur. \u2026<\/p>\n

[T]he Secretary failed to consider alternatives short of vacatur when she revoked the Mayorkas extension. \u2026 And the context demonstrates she had no interest in doing so. \u2026<\/p>\n

According to Plaintiffs, this action was arbitrary and capricious because the Secretary failed to consider reliance interests, interests which the panel in this case recognized. The Court agrees. \u2026<\/p>\n

Finally, the Secretary\u2019s decision to vacate was arbitrary and capricious because it was pretextual \u2013 i.e.<\/em>, it was not animated by a concern about,\u00a0e.g.<\/em>, novelty or confusion as professed, nor was it otherwise the result of reasoned agency decision making. Instead, the Secretary \u2013 acting with unprecedented haste and in an unprecedented manner \u2013 issued the vacatur for the preordained purpose of expediting termination of Venezuela\u2019s TPS. \u2026<\/p>\n

The pretextual nature of Secretary\u2019s asserted rationale for the vacatur is demonstrated by the fact that her criticism of Secretary Mayorkas\u2019s extension and the alleged confusion it caused was entirely baseless as noted above. And there is no evidence of any reasoned decision making behind Secretary Noem\u2019s vacatur. The failure to consult with agencies in regard to the termination decision which ensued immediately after the vacatur \u2013 a failure which was highly unusual and unprecedented (as discussed below) \u2013 further evinces the pretextual nature of Secretary Noem\u2019s purported rationale for the vacatur.\u201d<\/p>\n

\u201cThe Secretary lacked the authority to partially vacate and\/or exceeded her authority to vacate. Even if she had statutory authority to vacate, the decision to partially vacate was arbitrary and capricious.\u201d<\/p>\n<\/blockquote>\n

Regarding the termination of Venezuelans\u2019 TPS, Judge Chen wrote:<\/p>\n

\n

\u201c[D]emonstrates not only a failure to engage in a meaningful consultation with government agencies but also a failure to conduct a meaningful country conditions review, a rudimentary element of the consultation contemplated by the statute. \u2026<\/p>\n

Furthermore, Secretary Noem\u2019s decision-making was arbitrary and capricious because it reversed DHS\u2019s established practices for TPS decision-making, as described in the 2020 GAO TPS Report, without providing any explanation for that reversal. \u2026<\/p>\n

Here, Secretary Noem has not provided any explanation for her reversal of established practices on TPS decision-making. \u2026<\/p>\n

[N]o genuine dispute that her subsequent decision to terminate was unlawful and\/or arbitrary and capricious because the Secretary failed to engage in a meaningful consultation with government agencies or explain her reversal of well-established agency practice.\u201d<\/p>\n<\/blockquote>\n

The court also found the Secretary\u2019s partial vacatur of Haiti\u2019s TPS designation arbitrary and capricious because, inter alia, the stated rationales do not \u201creflect reasoned agency decision making\u201d; the vacatur was \u201cpreordained without any meaningful analysis and review\u201d and \u201cmade without consultation with government agencies or country conditions review;\u201d there was \u201cno contemporaneous country conditions report\u201d for the Haiti partial vacatur\u2014only a Biden-era report that \u201csupported the Mayorkas extension\/redesignation.\u201d \u201cSimply put,\u201d the court wrote, \u201cin deciding to partially vacate the TPS extension, Secretary Noem had no regard for the facts and actual conditions.\u201d<\/p>\n

On Oct. 3, the Supreme Court\u00a0<\/em>stayed<\/em><\/a>\u00a0Judge Chen\u2019s Sept. 5 order insofar as it set aside the Venezuela vacatur and termination, pending resolution of the government\u2019s appeal in the Ninth Circuit.<\/em><\/p>\n

<\/a>12. Judge Mary Susan McElroy (Trump appointee),\u00a0State of Colorado v. U.S. Department of Health and Human Services<\/em><\/a>, 1:25-cv-00121 (D.R.I.)<\/h2>\n

Executive Action:<\/strong> Termination of public health grants<\/p>\n

On Apr. 5,\u00a0<\/strong>Judge McElroy granted<\/a> the plaintiffs\u2019 request for a TRO, stating:<\/p>\n

\n

\u201cFor starters, the mass termination of funding was likely not substantively reasonable.<\/strong> \u2026 As the States explain, Congress had already rescinded plenty of COVID-era public health spending in 2023. … But \u2018Congress chose not to rescind the funding for the grants and cooperatives agreements at issue in this case.\u2019 \u2026<\/p>\n

It is well-established that in the interpretation of statutes, the express mention of one thing is the exclusion of others. … So Congress\u2019s decision to eliminate some COVID-era public health measures but leave alone the funding at issue here presumably signals its intent to continue that funding. \u2026 With that in mind, the Court struggles to see how HHS, an agent of the Executive, can exercise discretion to eliminate ten billion dollars\u2019 worth of it summarily. …<\/p>\n

Nor does it seem that the mass terminations were reasonably explained<\/strong>. The Court struggles to see the requisite \u2018rational connection between the facts found and the choice made.\u2019 \u2026 The States had no reason to expect that the already-allocated grant money would suddenly be terminated, and they relied on this funding to support their public health programs and initiatives. Of course, agencies \u2018are free to change their existing policies,\u2019 but they must \u2018provide a reasoned explanation for the change,\u2019 \u2018display awareness that [they are] changing position,\u201d and consider \u2018serious reliance interests.\u2019 \u2026 The termination notices provided to the States on March 24 and 25 failed to provide a reasoned explanation for the sudden change in its position or consider the States\u2019 reliance interests, which are substantial under the circumstances.<\/p>\n

The States have thus demonstrated a strong likelihood of success on their claim that these terminations were arbitrary and capricious in violation of the APA.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On May 16, Judge McElroy granted<\/a> the plaintiffs\u2019 motion for a preliminary injunction, stating:<\/p>\n

\n

\u201cMerely relying on a conclusory explanation<\/strong> that the funds are no longer necessary because the pandemic is over does not demonstrate a \u2018rational connection<\/strong> between the facts found and the choice made.\u2019 \u2026 The Government\u2019s determination was unreasonable<\/strong> in light of Congress\u2019s direction that the appropriations at issue be used beyond the pandemic and to better prepare for future public health threats. \u2026<\/p>\n

Given Congress\u2019s clear intent to keep the appropriations at issue intact, the Court cannot say HHS provided any rational basis<\/strong> to justify its decision to terminate the funds based on the end of the pandemic. That is sufficient to end the analysis, but to be thorough, the Court will address additional \u201carbitrary and capricious\u201d arguments. \u2026<\/p>\n

[T]he determination that funding appropriated by Congress is no longer necessary requires an assessment of the grantees\u2019 compliance with the agreements, which HHS declined to do. \u2026 And based on its own interpretations, HHS may terminate awards \u201cfor cause\u201d when a party has failed to comply with the terms and conditions of the grant under \u00a7 75.372(a). There is no evidence that happened here. \u2026<\/p>\n

While HHS acknowledged its change of position<\/strong>, it provided no explanation to the States as to why it did so suddenly and contrary<\/strong> to Congress\u2019s will that certain COVID-era spending was needed beyond the immediate public health emergency that ended in May 2023. \u2026<\/p>\n

HHS\u2019 Public Health Funding Decision was arbitrary and capricious because it failed to consider the States\u2019 reliance interests<\/strong> on the funds and the devastating consequences that would result from abruptly terminating critical public health appropriations. \u2026 Indeed, it appears HHS gave no consideration to the programs and services that would be impacted by these terminations when it decided the funds were no longer necessary based on the end of the pandemic. \u2026<\/p>\n

The Court agrees that HHS acted arbitrarily and capriciously when it applied \u2018for cause\u2019 terminations here because contrary to statutory and regulatory authority<\/strong>, HHS never claimed any failure<\/strong> on part of the States to comply with their grant agreements. \u2026<\/p>\n

Once again, the States have demonstrated a strong likelihood of success on their claim that these terminations were arbitrary and capricious in violation of the APA.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>13. Judge Mary Susan McElroy (Trump appointee),\u00a0Woonasquatucket River Watershed Council v. Department of Agriculture<\/em><\/a>, 1:25-cv-00097 (D.R.I.)<\/h2>\n

Executive Action<\/strong>: Unleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President\u2019s \u201cDepartment of Government Efficiency\u201d Cost Efficiency Initiative (Executive Order 14222)<\/p>\n

On April 15th, Judge McElroy granted<\/a> plaintiffs\u2019 motion for a preliminary injunction, holding that the plaintiffs<\/p>\n

\n

\u201chave adequately shown at least three ways that the sudden, indefinite freeze of all already awarded IIJA and IRA money was arbitrary and capricious: it was neither reasonable nor reasonably explained, and it also failed to account for any reliance interests. \u2026<\/p>\n

The Court finds that the Government failed to provide a rational reason<\/strong> that the need to \u2018safeguard valuable taxpayer resources\u2019 justifies a sweeping pause of all already-awarded IIJA and IRA funds with such short notice. \u2026<\/p>\n

\u2018The APA requires a rational connection<\/strong> between the facts, the agency\u2019s rationale, and the ultimate decision.\u2019 \u2026 Here, there is none<\/strong>. \u2026<\/p>\n

The Government also ignored significant reliance interests<\/strong>. \u2026 Nothing from OMB, the NEC Director, or the five Agency Defendants shows that they considered the consequences of their broad, indefinite freezes: projects halted, staff laid off, goodwill tarnished. \u2026 Instead, they \u2018essentially adopted a \u2018freeze first, ask questions later\u2019 approach.\u2019<\/strong>\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>14. Judge Tanya Sue Chutkan (Obama appointee),\u00a0Climate United Fund v. Citibank<\/em><\/a> , 1:24-cv-00698 (D.D.C.) (and consolidated cases)<\/h2>\n

Executive Action:<\/strong> Denial of federal grants<\/p>\n

On Apr. 15, Judge Chutkan granted<\/a> the plaintiffs\u2019 motion for a preliminary injunction. An Apr. 16 accompanying memorandum opinion stated<\/a>:<\/p>\n

\n

\u201cPlaintiffs are likely to succeed on the merits of their APA claims because EPA acted arbitrarily and capriciously when it failed to explain its reasoning and acted contrary to its regulations in suspending and terminating Plaintiffs\u2019 grants<\/strong>. \u2026<\/p>\n

The court finds that EPA failed to set forth the reasons for its decision because it did not say anything<\/em> about its decision, for weeks. \u2026<\/p>\n

Though repeatedly pressed on the issue, EPA offers no rational explanation for why it suspended the grants and then immediately terminated the entire NCIF and CCIA grant programs overnight. Nor has EPA offered any rational explanation for why it needed to cancel the grants to safeguard taxpayer resources, especially when it had begun examining the grant programs to add oversight mechanisms, or why it needed to cancel every single grant to review some aspects of the GGRF program with which it was concerned. \u2026<\/p>\n

In the letters terminating the grant programs, EPA provided no individualized reasoning<\/strong> as to anything Plaintiffs themselves did\u2014instead referencing generalized and unsubstantiated reasons for termination\u2014\u2019substantial concerns regarding program integrity, the award process, programmatic fraud, waste, and abuse, and misalignment with the Agency\u2019s priorities.\u2019 \u2026<\/p>\n

EPA Defendants\u2019 actions defy the plain language of the regulations that govern its decision-making in grant funding\u2014it can only terminate a federal award on this basis pursuant to the terms and conditions of the federal award.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On Sept. 2, the D.C. Circuit vacated<\/a> the preliminary injunction and remanded, holding that the APA\/regulatory challenges\u2014including the district court\u2019s \u201carbitrary and capricious\u201d rationale\u2014are \u201cessentially contractual\u201d and must be brought in the Court of Federal Claims. Notwithstanding, the PI formally remains in place until the mandate issues; the D.C. Circuit has withheld<\/a> the mandate through the rehearing deadline (Oct. 17, 2025) and for seven days thereafter (Oct. 24, 2025), unless a timely petition is filed.<\/p>\n

<\/a>15. Judge Deborah L. Boardman (Biden appointee), State of Maryland v. Corporation for National and Community Service<\/em><\/a>, 1:25-cv-01363 (D. Md.)<\/h2>\n

Executive Action:\u00a0<\/strong>Dismantling AmeriCorps (Executive Order 14222 – Implementing the President’s \u201cDepartment of Government Efficiency\u201c Cost Efficiency Initiative) (Goodson Memorandum and cover note Apr. 15, 2025)<\/p>\n

On Jun. 5, Judge Boardman granted<\/a> a preliminary injunction restoring AmeriCorps programs, finding:<\/p>\n

\n

\u201cThe termination of AmeriCorps grants and programs, the exiting of AmeriCorps members, and the removal of NCCC members constitute \u2018significant changes to . . . service delivery.\u2019 By law, the agency could only make those changes through public notice-and-comment rulemaking. Because the agency did not do so, the States have shown a likelihood of success that the agency actions were contrary to law, arbitrary and capricious, and without observance of procedures required by law, in violation of the APA.\u201d<\/p>\n<\/blockquote>\n

<\/a>16. Judge Royce C. Lamberth (Reagan appointee), Abramowitz v. Lake<\/em><\/a>, 1:25-cv-00887 (D.D.C.) and Widakuswara v. Lake<\/em><\/a>, 1:25-cv-01015 (D.D.C.) (related cases)<\/h2>\n

Executive Action:<\/strong> Governance and Defunding Global Media and Global Internet Freedom (Executive Order 14238 – Continuing the Reduction of the Federal Bureaucracy)<\/p>\n

On Apr. 22, Judge Lamberth granted in part a preliminary injunction<\/a> in Widakuswara<\/em>\u2014which also applied<\/a> to the related Abramowitz\u00a0<\/em>case. He wrote:<\/p>\n

\n

\u201cIn short, the defendants had no method or approach towards shutting down USAGM that this Court can discern. They took immediate and drastic action to slash USAGM, without considering its statutorily or constitutionally required functions as required by the plain language of the EO, and without regard to the harm inflicted on employees, contractors, journalists, and media consumers around the world.\u00a0It is hard to fathom a more straightforward display of arbitrary and capricious actions than the Defendants\u2019 actions here<\/strong>.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

In May, defendants appealed prongs (1) and (2) of the injunction; the D.C. Circuit later dissolved<\/a> its stay of prong (2) but left prong (1) stayed pending appeal. Oral argument<\/a> took place on Sept. 22.<\/p>\n

Update 1 (Oct. 15, 2025)<\/u><\/strong>:<\/p>\n

In his Sept. 29 memorandum order<\/a> enforcing the preliminary injunction, Judge Lamberth found that defendants had \u201cthumb[ed] their noses at Congress\u2019s commands\u201d and offered answers \u201cdripping with indifference to their statutory obligations<\/strong>,\u201d and that some of Kari Lake\u2019s responses during her deposition testimony were \u201cthe height of arbitrariness.\u201d<\/strong> The court further noted that \u201cthe defendants still have not provided the Court a non-arbitrary justification for the proposed reduction in force. Instead, the record remains \u2018a total explanatory void\u2019\u201d (citation omitted) (emphasis added).<\/p>\n

<\/a>17. Judge William Horsley Orrick III (Obama appointee), City and County of San Francisco v. Donald J. Trump<\/em><\/a>, 3:25-cv-01350 (N.D. Cal.)<\/h2>\n

Executive Action<\/strong>: Immigration Policy on sanctuary cities and states (Executive order 14159)<\/p>\n

On Apr. 24, Judge Orrick granted<\/a> a preliminary injunction, holding that \u201cthe Bondi Directive\u2019s order to freeze all DOJ funds is likely arbitrary and capricious.\u201d<\/p>\n

On May 3, the court issued a further order regarding its Apr. 24 preliminary injunction, stating that it was setting out its reasoning in greater detail, confirming the injunction\u2019s scope, and explaining why the challenged directives likely violate the APA as arbitrary and capricious:<\/p>\n

\n

\u201c[T]he Bondi Directive fails to offer a reasonable explanation<\/strong> of the breadth of funding withheld or the basis for withholding funds that Congress has already appropriated. \u2026<\/p>\n

The Government has not offered a plausible reason for why a total freeze on all DOJ funding is necessary<\/strong> to advance the 2025 Executive Orders. Nothing in the record before me suggests that the Attorney General considered the Cities and Counties\u2019 reliance on the threatened federal funding before issuing the freeze, their expectation of reimbursement for funds already appropriated, or their need for clarity about what funding will be available in the future to support critical services and infrastructure; all this is required given the Bondi Directive\u2019s reversal of prior DOJ policy that \u2018engendered serious reliance interests.\u2019 \u2026 This is enough for the plaintiffs to show they are likely to prevail on the merits of their APA claim,<\/strong> at least to the extent that they allege defendant Attorney General Bondi violated 5 U.S.C. \u00a7 706(2)(A).\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>18. Judge Royce C. Lamberth (Reagan appointee), Radio Free Asia v. United States<\/em><\/a>, 1:25-cv-00907 (D.D.C.) and Middle East Broadcasting Networks v. United States<\/em><\/a>, 1:25-cv-00966 (D.D.C.) (consolidated cases)<\/h2>\n

Executive Action:\u00a0<\/strong>Governance and Defunding Global Media and Global Internet Freedom (Executive Order 14238 – Continuing the Reduction of the Federal Bureaucracy)<\/p>\n

On Apr. 25, the district court held<\/a> that the plaintiffs were \u201clikely to succeed on the merits\u201d for \u201csubstantially the same reasons raised in Plaintiffs\u2019 memoranda,\u201d which included a claim of arbitrary and capricious conduct.<\/p>\n

On May 3, the D.C. Circuit\u00a0<\/em>stayed<\/em><\/a>\u00a0the preliminary injunction pending appeal. Oral argument is\u00a0<\/em>set<\/em><\/a>\u00a0for Sept. 22.\u00a0<\/em><\/p>\n

[See also<\/em> Judge Lamberth\u2019s Apr. 22 opinion<\/a> explicating his views on arbitrary and capricious conduct in Abramowitz. v. Lake<\/em><\/a>, 1:25-cv-00887 (D.D.C.) and Widakuswara v. Lake<\/em><\/a>, 1:25-cv-01015 (D.D.C.)]<\/p>\n

<\/a>19. Judge Victoria Calvert (Biden appointee), Jane Doe 1 v. Bondi<\/em><\/a>, 1:25-cv-01998 (N.D. Ga.)<\/h2>\n

Executive Action:<\/strong> ICE modified plaintiffs\u2019 SEVIS (Student and Exchange Visitor Information System) records<\/p>\n

On May 2, Judge Calvert granted<\/a> plaintiffs\u2019 motion for a preliminary injunction on modifications to their SEVIS status, stating:<\/p>\n

\n

\u201cDefendants have not been able to articulate, clearly or otherwise, any reason<\/strong> why Plaintiffs\u2019 SEVIS records were terminated beyond the vague language provided in the notice given through SEVP. When asked whether Defendants could provide the Court with any additional information about what actually happened with Plaintiffs\u2019 SEVIS records, Defendants conceded that they could not complete the necessary factfinding to determine what took place as to each individual Plaintiff<\/strong>, or even as to the entire group of Plaintiffs. Further, Defendants\u2019 briefing fails to identify any regulation to support DHS\u2019s ability to terminate<\/strong> Plaintiffs\u2019 SEVIS record in the manner it was done here.<\/p>\n

Defendants have altogether failed to suggest any lawful grounds for termination of Plaintiffs\u2019 SEVIS record. \u2026 Defendants\u2019 failure to provide a single plausibly lawful explanation for its action is the exact circumstance contemplated by the arbitrary and capricious standard<\/strong>. \u2026 Accordingly, Plaintiffs are likely to prevail on the claim that the agency action is arbitrary and capricious for failing to articulate a satisfactory explanation for its action including a rational connection between the facts found and the choice made. \u2026<\/p>\n

The Court concludes that Plaintiffs are likely to show that DHS\u2019s authority to terminate F-1 student status is narrowly circumscribed by regulation to three circumstances \u2026 And since none of those conditions are applicable here, Plaintiffs are likely to show that Defendants\u2019 termination of their SEVIS records and F-1 status was not in compliance with 8 C.F.R. \u00a7 214.1(d) and was arbitrary, capricious<\/strong>, an abuse of discretion, or otherwise not in accordance with law under 5 U.S.C. \u00a7 706(2)(A).\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>20. Judge Jeffrey S. White (Bush appointee), Doe v. Trump<\/em><\/a>, 4:25-cv-03140 (N.D. Cal.) (and related cases)<\/h2>\n

Executive Action:<\/strong> ICE modified plaintiffs\u2019 SEVIS (Student and Exchange Visitor Information System) records<\/p>\n

On May 22, Judge White, in granting<\/a> a preliminary injunction, stated:<\/p>\n

\n

\u201cIn the record before the Court, Mr. Watson\u2019s testimony and the brief email exchange about the Student Criminal Alien Initiative reflect the sum and substance of Defendants\u2019 reasons for terminating Plaintiffs\u2019 SEVIS records. Based on Mr. Watson\u2019s representations, the only individualized assessment made was whether an individual identified who had a positive result in the NCIC database was an individual listed within the SEVIS database. Plaintiffs are likely to prevail on their claim that the decision to terminate their SEVIS records was arbitrary and capricious because the decision was not based on a \u2018rational connection between the facts found and the choice made.\u2019\u201d<\/p>\n<\/blockquote>\n

<\/a>21. Judge John J. McConnell, Jr. (Obama appointee), State of Rhode Island v. Trump<\/em><\/a>, 1:25-cv-00128 (D.R.I.)<\/h2>\n

Executive Action:<\/strong> Museums and Public Libraries (Executive Order 14238)<\/p>\n

On May 6, Judge McConnell issued<\/a> a preliminary injunction preventing the execution of EO 14238 to the extent it applies to IMLS\/MBDA\/FMCS. He held:<\/p>\n

\n

\u201cThis Executive Order violates the Administrative Procedures Act (\u2018APA\u2019) in the arbitrary and capricious way it was carried out. \u2026<\/p>\n

Here, there is an absence of any reasonable explanation<\/strong> from IMLS, MBDA, and FMCS. The Reduction EO\u2014with which these agencies sought to comply through their challenged policies\u2014stated that the \u2018non-statutory components and functions\u2019 of IMLS, MBDA, and FMCS shall be \u2018eliminated to the maximum extent consistent with applicable law.\u2019 But the Defendants have not shown that any analysis was conducted to determine which components and functions of IMLS, MBDA, and FMCS are statutorily required, and which are not. \u2026<\/p>\n

IMLS has also offered no further explanation for the termination of thousands of its grants other than stating that the grants are \u2018no longer consistent with the agency\u2019s priorities[.]\u2019 \u2026<\/p>\n

Here, the \u201crational connections\u201d are absent<\/strong>, as IMLS\u2019s, MBDA\u2019s, and FMCS\u2019s justifications for eliminating programs, terminating grants, and implementing large-scale employee RIFs have been couched in mere conclusory statements\u2014most of which merely defer to the Reduction EO. There is no explanation about why the targeted programs or grants fell within the ambit of \u201cnon-statutory\u201d functions or components. Such conclusory explanations, \u2018devoid of data or any independent explanation, [are] grossly insufficient and fall[] far short of reasoned analysis.\u2019 \u2026<\/p>\n

Additionally, ILMS, MBDA, and FMCS have failed to indicate that they considered any of the significant reliance interests<\/strong> of their program beneficiaries or grantees such as libraries, museums, business centers, contractors, labor unions, states, and local governments.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>22. Judge Allison Dale Burroughs (Obama appointee), Association of American Universities v. Department of Energy<\/em><\/a>, 1:25-cv-10912 (D. Mass.)<\/h2>\n

Executive Action:\u00a0<\/strong>Reduction of indirect cost reimbursement rate for research institutions (NIH Guidance) (DOE Rate Cap Policy, Apr. 11, 2025)<\/p>\n

On May 15, Judge Burroughs issued a preliminary injunction<\/a>, finding that:<\/p>\n

\n

\u201cBecause the Rate Cap Policy does not offer more than conclusory policy goals<\/strong>, the Court need go no further: Plaintiffs have demonstrated a likelihood of success in demonstrating that the Rate Cap Policy is arbitrary and capricious and therefore runs afoul of the APA. \u2026<\/p>\n

Missing from the Rate Cap Policy\u2019s purported recognition of the indisputable reliance interest is a \u2018reasoned explanation . . . for disregarding [that understanding, which was] engendered by the prior policy,\u2019 and, notably, any acknowledgement of the potential consequences of the policy change. \u2026 As such, the Rate Cap Policy \u2018f[alls] short of [DOE\u2019s] duty to explain why it deemed it necessary to overrule its previous position,\u2019 and Plaintiffs are likely to succeed in establishing that the Rate Cap Policy is arbitrary and capricious for this reason as well.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>23. Judge Paul L. Friedman (Clinton appointee), Southern Education Foundation v. United States Department of Education<\/em><\/a>, 1:25-cv-01079 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Ban on DEIA initiatives in the executive branch and by contractors and grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)<\/p>\n

On May 21, Judge Friedman issued a preliminary injunction<\/a>, holding:<\/p>\n

\u201c[T]he Department\u2019s Termination Letter provides no reasoned explanation for the grant termination. In fact, the Termination Letter\u2019s list of possible bases \u2018is so broad and vague as to be limitless; devoid of import, even.\u2019 For these reasons, the Court finds that SEF has shown a substantial likelihood of success on the merits of Count One [that the Department\u2019s termination of the EAC-South grant was arbitrary and capricious]\u201d. (citations omitted).<\/p>\n

<\/a>24. Judge Myong J. Joun (Biden appointee), State of New York v. McMahon<\/em><\/a>, 1:25-cv-10601 (D. Mass) and Somerville Public Schools v. Trump<\/em><\/a>, 1:25-cv-10677 (D. Mass.) (consolidated cases)<\/h2>\n

Executive Action:\u00a0<\/strong>Dismantling\/Restructuring of the Department of Education 14242 (Executive Order of Mar. 20, 2025)<\/p>\n

On May 22, Judge Joun granted a preliminary injunction<\/a>, stating that:<\/p>\n

\n

\u201cAs Defendants concede, the Secretary\u2019s March 14 letter sent a few days after the announcement of the RIF also \u2018includes only a cursory explanation.\u2019 \u2026<\/p>\n

None of these statements amount to a reasoned explanation, let alone an explanation at all. Indeed, the March 11 Directive contains two contradictory positions. \u2026 Defendants have not shown how the RIF furthers its goals of \u2018efficiency, accountability, and ensuring that resources are directed\u2019 to \u2018parents, students, and teachers.\u2019 \u2026 For instance, Defendants have not attempted to demonstrate that cutting a certain program in half has somehow made that program more efficient or returned necessary resources to the States. There is no indication that Defendants conducted any research to support why certain employees were terminated under the RIF over others, why certain offices were reduced or eliminated, or how any of those decisions further Defendants\u2019 purported goals of efficiency or effectiveness of the Department. \u2026 I \u2018cannot ignore the disconnect between the decision made and the explanation given<\/strong>.\u2019 \u2026<\/p>\n

Additionally, Consolidated Plaintiffs have demonstrated that the Agency Defendants \u2018failed to consider . . . important aspect[s] of the problem.\u2019 \u2026 The Agency Defendants \u2018entirely failed to grapple with the potential disruption to operations and interference with statutory and non-statutory functions a sudden elimination of nearly 50% of the Department\u2019s entire workforce would cause.\u2019 … Nothing in the record indicates a consideration of the \u2018substantial harms and reliance interests<\/strong> for students, educational institutions, Plaintiffs, and others.\u2019 \u2026 Defendants do not dispute this.<\/strong>\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On July 14, the Supreme Court ruled<\/a> 6-3 to grant a stay of the May 22 preliminary injunction that had blocked the administration\u2019s plans to dismantle the Department of Education and fire thousands of department employees. The majority did not provide any reasoning. In dissent, Justice Sotomayor, joined by Justices Kagan and Jackson, warned that the Court\u2019s order enables the executive branch to functionally \u201cabolish\u201d an entire department \u201cby executive fiat.\u201d<\/p>\n

On Aug. 11 the district court issued<\/a> an indicative ruling that it would vacate the preliminary injunction if the First Circuit remands, and on Aug. 27 the First Circuit stayed<\/a> briefing while it decides whether to remand.<\/p>\n

<\/a>25. Judge Leo Theordore Sorokin (Obama appointee), Schiff v. U.S. Office of Personnel Management<\/em>, 1:25-cv-10595 (D. Mass.)<\/a><\/h2>\n

Executive Action:\u00a0<\/strong>Removal of information from HHS websites under Executive Order on \u201cGender Ideology Extremism\u201c (Executive Order 14168)<\/p>\n

On May 23, Judge Sorokin issued<\/a> a preliminary injunction on the removal of information from HHS websites, holding:<\/p>\n

\n

\u201c[T]he plaintiffs are likely to prevail for reasons they carefully explain in their papers \u2026 detailing why agency action at issue was arbitrary and capricious in that it lacked rational explanation and why OPM Memo was ultra vires given language of statute invoked[ ]. The Court makes two further observations. \u2026<\/p>\n

OPM\u2019s Director acted well outside the boundaries of the power allocated to his agency by Congress and by the President when he issued the Takedown Directive. \u2026<\/p>\n

[T]he time and manner in which the defendants implemented the EO belies any plausible claim that the agencies acted in anything but an arbitrary and capricious way.\u201d<\/p>\n<\/blockquote>\n

<\/a>26. Judge Lewis J. Liman (Trump appointee), Metropolitan Transportation Authority v. Duffy<\/em>,<\/a> 1:25-cv-01413 (S.D.N.Y.)<\/h2>\n

Executive Action:\u00a0<\/strong>Rescission of approval for New York City congestion pricing plan<\/p>\n

On May 28, Judge Liman issued a preliminary injunction<\/a>, holding that:<\/p>\n

\n

\u201cPlaintiffs have shown a likelihood of success on the merits of their argument that the February 19 Letter exceeded the FHWA or Secretary\u2019s authority to terminate the VPPP Agreement. \u2026<\/p>\n

An agency acts arbitrarily and capriciously when it takes actions that are not justified by its stated bases. … Plaintiffs show a likelihood of success on the merits of their argument that the Secretary\u2019s decision to terminate the VPPP Agreement because the statute does not authorize cordon pricing programs was arbitrary and capricious. \u2026<\/p>\n

One other erroneous legal conclusion prompted the Secretary to determine that the VPPP did not permit authorization of the Tolling Program: the Secretary\u2019s conclusion that the VPPP does not authorize tolls that are \u201ccalculated based on considerations separate from reducing congestion or advancing other road-related goals.\u201d \u2026 Congress thus has affirmatively stated that the tolling revenues may be used for other purposes; it has not stated that the tolling rates must be calculated exclusively on the basis of congestion-related considerations. \u2026 It was thus arbitrary and capricious for Defendants to act on the basis of that legal conclusion. \u2026<\/p>\n

Defendants\u2019 belated attempts to reframe the motivating considerations as policy determinations rather than conclusions of illegality are unavailing both as post hoc rationalizations and because termination is not available on the grounds of shifting agency priorities. \u2026<\/p>\n

Plaintiffs show a likelihood of success on the merits with respect to their argument that the Secretary and the FHWA acted arbitrarily and capriciously by failing to adequately consider Plaintiffs\u2019 reliance interests.\u201d<\/p>\n<\/blockquote>\n

<\/a>27. Judge Marsha J. Pechman (Clinton appointee) American Federation of Government Employees AFL-CIO v. Noem<\/em><\/a>, 2:25-cv-00451 (W.D. Wa.)<\/h2>\n

Executive Action:\u00a0<\/strong>Rescission of Collective Bargaining and Other Labor Rights (Sec. Noem Memorandum Feb. 27, 2025, DHS Statement Mar. 7, 2025, Executive Order of Mar. 27, 2025)<\/p>\n

On Jun. 2, Judge Pechman issued<\/a> a preliminary injunction against the Noem determination, stating:<\/p>\n

\n

\u201c[Plaintiffs are] likely to succeed in showing the Noem Determination is arbitrary and capricious in violation of the Administrative Procedure Act, particularly given its complete disregard for the 2024 CBA [Collective Bargaining Agreement] and its mischaracterization of AFGE\u2019s [American Federation of Government Employees] role.\u201d<\/p>\n<\/blockquote>\n

<\/a>28. Judge Royce C. Lamberth (Reagan appointee), Kingdom v. Trump<\/em><\/a>, 1:25-cv-00691 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Housing of transgender inmates (Executive Order 14168)<\/p>\n

On Jun. 3, Judge Lamberth granted<\/a> the plaintiffs\u2019 motion for preliminary injunction, noting:<\/p>\n

\n

\u201cTo be sure, agency action is not arbitrary and capricious merely because it is bad for some identifiable population. New policies nearly always have uneven effects on different groups; that is part and parcel of living within a democratic system. But the APA does<\/em> require an agency to take actions that are rationally and demonstrably related to its stated goals, explain why it treats similarly situated people differently, and give consideration to the reliance interests of those who may be harmed by a new policy. Based on the limited information now before the Court, it appears that the implementing memoranda do none of these things, nor does the Executive Order on which they rely for their own justification<\/strong>. Accordingly, the Court concludes that the plaintiffs have established a sufficient likelihood of success on the merits of their APA claims.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>29. Judge Dabney L. Friedrich (Trump appointee), Angelica S. v. Dept of Health and Human Services<\/em><\/a>, 1:25-cv-01405 (D.D.C.)<\/h2>\n

Executive Action:<\/strong> Policy on Unaccompanied Minors<\/p>\n

On Jun. 9, Judge Friedrich granted<\/a> in part the plaintiffs\u2019 motion for a preliminary injunction, concluding that \u201cit is substantially likely that ORR acted arbitrarily and capriciously by not providing adequate justification for its new sponsor documentation requirements.\u201d<\/p>\n

<\/a>30. Judge Denise Cote (Clinton appointee), American Federation of Government Employees v. Office of Personnel Management<\/em><\/a>, 1:25-cv-01237 (S.D.N.Y)<\/h2>\n

Executive Action:<\/strong> Disclosure of personal and financial records to DOGE<\/p>\n

On Jun. 9, Judge Cote granted<\/a> plaintiffs\u2019 motion for a preliminary injunction to prevent OPM from disclosing records to DOGE agents, holding:<\/p>\n

\n

\u201cThe plaintiffs have also shown that the OPM Defendants violated the APA by acting in an arbitrary and capricious manner. OPM\u2019s decision to give DOGE agents administrative access to multiple OPM systems containing PII was a gross departure from its obligations under the Privacy Act as well as its longstanding cybersecurity practices. The onboarding process was rushed and many of the relevant individuals did not complete required training before OPM gave them access to its systems. The DOGE agents\u2019 wide-ranging administrative access, which they were given without any credible need for access, violated the principles of least privilege and separation of duties.\u201d<\/p>\n<\/blockquote>\n

<\/a>31. Judge John J. McConnell, Jr. (Obama appointee), State of California v. United States Department of Transportation<\/em><\/a>, 1:25-cv-00208 (D.R.I.)<\/h2>\n

Executive Action:\u00a0<\/strong>\u201cTemporary Pause\u201d of grants, loans, and assistance programs<\/p>\n

On Jun. 19, Judge McConnell granted a preliminary injunction<\/a>, holding:<\/p>\n

\n

\u201cThe IEC, backed by the Duffy Directive, is arbitrary and capricious in its scope and lacks specificity in how the States are to cooperate on immigration enforcement in exchange for Congressionally appropriated transportation dollars\u2013grant money that the States rely on to keep their residents safely and efficiently on the road, in the sky, and on the rails.\u201d<\/p>\n<\/blockquote>\n

Update 1 (Nov. 20, 2025)<\/u><\/strong>:<\/p>\n

On Nov. 4, Judge McConnell granted<\/a> the States\u2019 motion for summary judgment and denied the Department of Transportation\u2019s cross-motion, declaring the immigration enforcement condition (IEC) unlawful under the APA and the Spending Clause, vacating the condition from all DOT grant agreements, and permanently enjoining the government from conditioning transportation funding on state cooperation with federal civil immigration enforcement. He found the government\u2019s actions arbitrary and capricious, explaining that its \u201ccore counterargument against the merits of the States\u2019 APA claim [was] its repeated insistence that the IEC merely asks the States to certify compliance with federal law, and that it cannot be arbitrary or capricious for DOT to ensure this compliance.\u201d \u201cDepriv[ing]\u201d the government of its \u201cgimcrack defense\u201d of offering a \u201cnakedly misleading characterization of what the IEC requires,\u201d Judge McConnell concluded that the government\u2019s \u201cimposition of the IEC is\u00a0patently arbitrary and capricious\u201d<\/strong> (emphasis added). The court explained:<\/p>\n

\n

\u201cOf particular weight to this finding is the Supreme Court’s guidance that agency action is arbitrary and capricious when the agency \u2018has relied on factors which Congress has not intended it to consider.\u2019 \u2026 The Court has determined that Congress could not have intended to vest DOT with the authority to impose such sweeping immigration-related conditions on federal transportation funding. It was as such impermissible for Defendants to consider factors related to State cooperation with federal civil immigration enforcement in determining conditions for federal transportation funding. The other facts cited by the States-particularly their reliance interests and the ambiguity of the extent of the IEC’s requirements-lend support to the Court’s finding that Defendants acted arbitrarily and capriciously in imposing the IEC across the entirety of federal transportation funding programs.\u201d (citation omitted).<\/p>\n<\/blockquote>\n

<\/a>32. Judge Myong J. Joun (Biden appointee),Victim Rights Law Center v. United States Department of Education<\/em><\/a>, 1:25-cv-11042 (D. Mass.)<\/h2>\n

Executive Action:<\/strong> Dismantling\/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)<\/p>\n

On Jun. 18, Judge Joun issued<\/a> a preliminary injunction against the RIF dismantling the Department of Education, stating:<\/p>\n

\n

\u201cPlaintiffs have shown a likelihood of success on the merits of their claim that the RIF is arbitrary & capricious under the APA. \u2026<\/p>\n

The June 3rd Statement does not provide a reasoned<\/em> explanation<\/strong> under the APA. For instance, the June 3rd Statement does not set forth the Department\u2019s reasoning as to why or how the mass terminations \u2018strengthen[] oversight\u2019 of civil rights laws, and Defendants have not submitted any evidence as to how \u2018reorganize[ing] personnel by specialized topics,\u2019 as well as a \u2018dedicated task force for Title IX investigations\u2019 is permitting the OCR to actually fulfill its statutory obligations. \u2026<\/p>\n

Further, to the extent that the agency believes OCR will meet its statutory functions by simply reducing its caseload by only addressing cases that align with the new administration\u2019s policies, that is arbitrary and capricious. \u2026<\/p>\n

Finally, there is no indication on the record that Defendants considered the \u2018important aspect of the problem.\u2019<\/strong> \u2026 There is no record evidence in the form of data, research, or even meeting minutes that may indicate that Defendants discussed or considered \u201cthe likelihood that the RIF would severely undermine OCR\u2019s capacity to investigate and resolve its growing backlog of civil rights complaints and deliver on its statutory and regulatory mandates.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>33. Judge Edward Milton Chen (Obama appointee), San Francisco Unified School District v. AmeriCorps, a.k.a. the Corporation for National and Community Service<\/em><\/a>, 3:25-cv-02425 (N.D. Cal.)<\/h2>\n

Executive Action:\u00a0<\/strong>Dismantling AmeriCorps (Executive Order 14222) (Goodson Memorandum and cover note Apr. 15, 2025)<\/p>\n

On Jun. 18, Judge Chen granted<\/a> plaintiffs\u2019 motion for a preliminary injunction, stating:<\/p>\n

\n

\u201cPlaintiffs also demonstrate a likelihood of succeeding on their claim that the AmeriCorps Directive and the new grant conditions violate the APA because they are arbitrary and capricious because AmeriCorps failed to provide a justification for its reversal of policy<\/strong>, and in so doing ignored significant reliance interests. It also failed to consider alternatives to imposing such an expansive and ill-defined ban on programmatic activity. \u2026<\/p>\n

At bottom, AmeriCorps offers no substantive reasons justifying its radical change of course other than its rote recitation of the need to implement the Executive Orders.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>34. Judge Indira Talwani (Obama appointee), Association of American Universities v. National Science Foundation<\/em><\/a>, 1:25-cv-11231 (D. Mass.)<\/h2>\n

Executive Action<\/strong>: Denial of federal grants<\/p>\n

On Jun. 20, Judge Talwani granted<\/a> the plaintiffs\u2019 motion for summary judgement, holding:<\/p>\n

\n

\u201c[B]ecause the court cannot discern from the Policy Notice how NSF concluded the 15% Indirect Cost Rate would further NSF\u2019s stated goals, the 15% Indirect Cost Rate is arbitrary and capricious. \u2026<\/p>\n

The 15% Indirect Cost Rate is also arbitrary and capricious because it ignores important aspects of the problem<\/strong>, namely NSF\u2019s statutory directive to \u2018support basic scientific research and programs to strengthen scientific research potential and scientific education programs.\u2019<\/p>\n

Further, the Policy Notice offers insufficient explanation<\/strong> because it fails to meaningfully address Plaintiffs\u2019 reliance interests. \u2026<\/p>\n

Plaintiffs offer a host of additional reasons why the 15% Indirect Cost Rate is arbitrary and capricious: it departs from the NSF\u2019s policy against mandatory cost sharing, it rests upon unexplained factual findings that contradict those behind the NSF\u2019s prior policy, it fails to explain why the auditing process would not achieve government efficiency, and it singles out universities without explanation. \u2026 These are all examples of the overarching problem: Defendants have not sufficiently explained<\/strong> why they concluded capping indirect cost rates for IHEs at 15% will further the objectives stated in the Policy Notice.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>35. Judge Royce C. Lamberth (Reagan appointee), Open Technology Fund v. Kari Lake<\/em><\/a>, 1:25-cv-00840 (D.D.C.)<\/h2>\n

Executive Action:<\/strong> Governance and Defunding Global Media and Global Internet Freedom (Executive Order 14217; Executive Order 14238; Executive Order 14290)<\/p>\n

On Jun. 20, Judge Lamberth granted<\/a> Plaintiffs\u2019 preliminary injunction, holding:<\/p>\n

\n

\u201cFor substantially the same reasoning as explained in the Widakuswara<\/em> PI, OTF is likely to succeed on the merits of its challenge. The defendants\u2019 continuous withholding of congressionally appropriated funds, month after month, with no explanation, is a violation of the Administrative Procedure Act (APA).\u201d<\/p>\n<\/blockquote>\n

[See also<\/em> Judge Lamberth\u2019s Apr. 22 opinion<\/a> explicating his views on arbitrary and capricious conduct in Abramowitz. v. Lake<\/em><\/a>, 1:25-cv-00887 (D.D.C.) and Widakuswara v. Lake<\/em><\/a>, 1:25-cv-01015 (D.D.C.)]<\/p>\n

<\/a>36. Judge Leon Schydlower (Biden appointee), Valuta Corporation, Inc. v. Financial Crimes Enforcement Network<\/em><\/a>, 3:25-cv-00191 (W.D. Tex.)<\/h2>\n

Executive Action:\u00a0<\/strong>Border enforcement<\/p>\n

On Jun. 24, Judge Schydlower issued<\/a> a temporary restraining order on the Financial Crimes Enforcement Network\u2019s issuance of a border geographic targeting order, stating:<\/p>\n

\n

\u201cPlaintiffs demonstrated a substantial likelihood of success on the merits on their claim that the geographic targeting order published at 90 Fed. Reg. 12106 (the \u201cBorder GTO\u201d) is arbitrary and capricious. \u2026 Here, the administrative record reflects that the government either failed to consider or offered an unsubstantiated conclusion on at least two important aspects of the problem: (1) there are simple measures that cartel members can take to render the Border GTO completely toothless, and (2) innocent businesses can be profoundly disadvantaged if they are located on the \u2018wrong\u2019 side of an El Paso street, and thus within a covered zip code, vis-a-vis their competitors across the street in an uncovered zip code.\u201d<\/p>\n<\/blockquote>\n

<\/a>37. Judge Tana Lin (Biden appointee), State of Washington v. Dept. of Transport<\/em><\/a>, 2:25-cv-00848 (W.D. Wash.)<\/h2>\n

Executive Action:<\/strong> Unleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President\u2019s \u201cDepartment of Government Efficiency\u201d Cost Efficiency Initiative (Executive Order 14222)<\/p>\n

On Jun. 24, Judge Lin granted<\/a> in part the plaintiffs\u2019 motion for a preliminary injunction, holding that the defendants\u2019 action effort to block federal funds related to electric vehicle infrastructure that Congress already approved was likely arbitrary and capricious:<\/p>\n

\n

\u201cDefendants\u2019 rescission of the NEVI Formula Program guidance and revocation of State Electric Vehicle Infrastructure Deployment Plans was arbitrary and capricious. Defendants attempt to rely on two paragraphs in the Biondi Letter to satisfy their burden under the APA but fall far short of adequately explaining their actions. \u2026<\/p>\n

It is not evident that FHWA considered relevant factors that informed its decision. \u2026<\/p>\n

Indeed, the Biondi Letter does not articulate any facts at all<\/strong> and instead provides only an implication that the current NEVI Formula Program guidance does not \u2018align with current U.S. DOT policy and priorities.\u2019 \u2026 The Biondi Letter does not explain how the current guidance is out-of-step with current policy and, therefore, does not explain why it needs to be rescinded.<\/p>\n

Further, the Biondi Letter does not demonstrate that FHWA considered the serious reliance interests engendered by the old policy\u2014namely, the administrative, economic, and infrastructural arrangements that the states had made based on FHWA\u2019s approval of prior State Plans. Indeed, the Biondi Letter is again completely silent as to any reliance issues it considered (if any). \u2026<\/p>\n

Therefore, the Court finds that Defendants\u2019 action was likely arbitrary and capricious, and that Plaintiffs are likely to succeed on their second cause of action.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>38. Judge Melissa R. Dubose (Biden appointee), State of New York v. Kennedy<\/em><\/a>, 1:25-cv-00196 (D.R.I.)<\/h2>\n

Executive Action:<\/strong> Large-scale reductions in force \/ Termination of probationary employees (Executive Order 14210)<\/p>\n

On Jul. 1, Judge Dubose granted<\/a> a preliminary injunction, finding:<\/p>\n

\n

\u201cInstead of undertaking an intentional and thoughtful process for weighing the benefits and drawbacks of implementing the sweeping policy change, the Defendants hastily restructured the sub-agencies and issued RIF notices. The Defendants have failed to demonstrate how the workforce terminations and restructurings made the sub-agencies more efficient, saved taxpayer dollars, or aligned with HHS\u2019s priority of \u2018ending America\u2019s epidemic of chronic illness, by focusing on safe, wholesome food, clean water, and the elimination of environmental toxins.\u2019 \u2026 In fact, the record is completely devoid of any evidence<\/strong> that the Defendants have performed any research on the repercussions of issuing and executing the plans<\/strong> announced in the Communiqu\u00e9. Without a modicum of evidence to the contrary, the record shows that the Defendants did not consider the \u201csubstantial harms and reliance interests\u201d of the States and the devastating consequences that would be felt by the populations served by these critical public health programs. \u2026<\/p>\n

Unable to perceive any rational basis for the Agency\u2019s actions, the Court concludes that HHS\u2019s actions in implementing the March 27 Communiqu\u00e9 were both arbitrary and capricious.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

Update 1 (Oct. 15, 2025)<\/u><\/strong>:<\/p>\n

On Sept. 17, the First Circuit denied<\/a> the government\u2019s motion for a stay of the Jul. 1 preliminary injunction pending appeal, finding that the government had \u201cnot met its burden to make a \u2018strong showing\u2019 that it will succeed on appeal in overturning the district court’s arbitrary-and-capricious ruling.\u201d The government did not \u201cmeaningfully engage\u201d with Judge Dubose\u2019s analysis of the plaintiffs\u2019 APA claims: it failed to \u201cput forth any argument that HHS \u2018examine[d] the relevant data and articulate[d] a . . . rational connection between the facts found and the choice made;\u2019\u201d and it did not \u201crefute the district court\u2019s explicit findings that there was no such \u2018exam[ination of] the relevant data\u2019 or \u2018rational connection\u2019 here\u201d (citations omitted). The appellate briefing<\/a> schedule currently runs through December.<\/p>\n

<\/a>39. Judge Brian E. Murphy (Biden appointee), Association of American Universities v. Department of Defense<\/em><\/a>, 1:25-cv-11740 (D. Mass.)<\/h2>\n

Executive Action:\u00a0<\/strong>Reduction of indirect cost reimbursement rate for research institutions (DOD Rate Cap Policy, May 14, 2025)<\/p>\n

On Jul. 18, Judge Murphy granted a preliminary injunction<\/a>, stating:<\/p>\n

\n

\u201c[T]he underlying idea for the Policy\u2014that indirect costs are \u2018waste\u2019 and \u2018bureaucratic fat,\u2019 Hegseth Memo at 2, that are less worthy of funding than direct costs\u2014is at least conceptually irrational and ignores the realities of research, as demonstrated by the record evidence. The record is clear that indirect costs support critical resources and infrastructure, without which the research cannot proceed. \u2026<\/p>\n

Embarrassingly, it is not obvious that Defendants are even fully aware of what constitutes an indirect cost \u2026.\u201d<\/p>\n

\u201cThe Rate Cap Policy assumes a one-to-one relationship between direct costs and actual research that is just fundamentally wrong. In the absence of any contrary explanation, the Court cannot conclude that the Policy has a rational basis.\u201d<\/p>\n<\/blockquote>\n

<\/a>40. Judge Royce C. Lamberth (Reagan appointee), RFE\/RL, Inc. v. Lake<\/em><\/a>, 1:25-cv-00799 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Governance and Defunding Global Media and Global Internet Freedom (Executive Order 14217; Executive Order 14238; Executive Order 14290)<\/p>\n

On Jul. 18, Judge Lamberth granted<\/a> plaintiffs\u2019 requested preliminary injunction, stating:<\/p>\n

\n

\u201cAs far as this Court is aware, it is unprecedented for an agency to demand that entirely new terms govern its decades-old working relationship with a grantee entity and then stop responding, particularly when the agency is statutorily obligated to grant yearly congressional appropriations to that specific entity by name. Clearly, USAGM has fallen short of its duty to \u2018articulate a satisfactory explanation\u2019 for its final grant agreement because it has offered no explanation at all.<\/strong> And without any explanation from USAGM to justify its new grant agreement, the Court cannot discern any reasonable basis to explain USAGM\u2019s drastic change in course. \u2026<\/p>\n

[W]hen USAGM changed course with the presentation of the FY 2025 agreement, it never once referred to any [] federal statutes. Failure to invoke any of the governing statutes in taking such drastic action to alter the parties longstanding grantmaking relationship further confirms that the defendants\u2019 action was arbitrary and capricious and must be \u2018set aside.\u2019\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>41. Judge Amir H. Ali (Biden appointee), American Gateways v. U.S. Department for Justice<\/em><\/a>, 1:25-cv-01370 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Access of Lawyers to Immigrants in Detention (Executive Order 14159)<\/p>\n

On Jul. 21, Judge Ali issued<\/a> a memorandum opinion accompanying a preliminary injunction on the Acting Director of the Executive Office for Immigration Review\u2019s rescission of the National Qualified Representative Program (NQRP), which stated:<\/p>\n

\n

\u201cPlaintiffs have developed a substantial, unrebutted record that termination of the policy was arbitrary and capricious<\/strong>. \u2026<\/p>\n

The record before the Court shows the Acting Director terminated the policy of providing representation without considering any of the substantial interests at stake, including those that explicitly motivated the agency policy in the first place. The record shows no consideration of the interests of people found mentally incompetent to represent themselves by immigration courts\u2014that is, people who are unable to appreciate the nature of the proceedings they are in\u2014who will likely lose their current representation and, following the Acting Director\u2019s decision, have no representation going forward. \u2026 The record also shows no consideration of the integrity of the immigration process and the \u2018unique challenges\u2019 immigration judges face in adjudicating the deportation or detention of such people, which the agency recognized in adopting the NQRP. \u2026 And the record shows no consideration of the abrupt termination\u2019s impact on organizations that provide services to the affected population, which had organized their operations around the policy and are in the midst of these representations in court proceedings across the country. \u2026<\/p>\n

On this record, the Court can only conclude that the Acting Director \u2018entirely failed to consider an important aspect of the problem\u2019 by abruptly ending the NQRP.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>42. Judge Dabney Langhorne Friedrich (Trump appointee), Cabrera v. Department of Labor<\/em><\/a>, 1:25-cv-01909 (D.D.C.)<\/h2>\n

Executive Action:<\/strong> Dismantling Job Corps<\/p>\n

On Jul. 25, Judge Friedrich granted<\/a> a preliminary injunction, stating:<\/p>\n

\n

\u201cTurning to the statute itself, the WIOA requires DOL to engage in certain procedures\u2014including a period of notice and comment\u2014before closing any Job Corps center. \u2026 The Department failed to comply with these statutory requirements. \u2026<\/p>\n

The agency suspended operations at all 99 privately operated Job Corps centers without any expectation of future reopenings. … DOL failed to conduct an individualized assessment<\/strong> or develop a performance improvement plan for any of the 99 centers. \u2026 It instead suspended all operations based on the perceived failures of the Job Corps program as a whole.<\/p>\n

Because DOL unlawfully \u2018closed\u2019 all 99 privately operated Job Corps centers, in violation of the WIOA, the Court finds that the plaintiffs have established a likelihood of success on the merits of their APA claims\u201d. (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>43. Judge Trina L. Thompson,National TPS Alliance v. Noem<\/em><\/a>, 3:25-cv-05687 (N.D. Cal.)<\/h2>\n

Executive Action<\/strong>: DHS Revocation of Temporary Protected Status (TPS)<\/p>\n

On Jul. 31, Judge Thompson granted<\/a> a motion to postpone the administration\u2019s termination of TPS designations for nationals of Honduras, Nepal, and Nicaragua. She wrote:<\/p>\n

\n

\u201cPlaintiffs provide sufficient evidence to demonstrate that the Secretary\u2019s TPS Nepal, Honduras, and Nicaragua terminations were based on a preordained determination to end the TPS program, rather than an objective review of the country conditions<\/strong>. \u2026<\/p>\n

In addition to the Secretary\u2019s statements, the Secretary has a history of systematically attempting to limit TPS. \u2026<\/p>\n

Given this prior practice of providing a six-month transition after termination, the Court finds that the Honduran, Nepal, and Nicaragua TPS Terminations change existing policy by only providing a 60-day transition.<\/strong> \u2026<\/p>\n

Because these notices fail to explain how a 60-day transition period is consistent with the agency\u2019s twenty-two year practice of providing at least a 6 month transition period<\/strong>, the Court finds that Plaintiffs will likely succeed on the merits of their second ADA claim as to Honduras and Nicaragua. \u2026<\/p>\n

The Court finds that the Secretary\u2019s footnote alluding to \u2018certain other TPS designations [being] terminated without allowing for an extended transition period\u2019 failed to acknowledge the twenty-two year practice of providing at least a 6 month transition period and did not provide sufficient explanation for departure.\u201d (citations omitted) (emphasis added)<\/p>\n<\/blockquote>\n

<\/a>44. Judge Jia M. Cobb (Biden appointee), Coalition for Humane Immigrant Rights v. Noem<\/em><\/a>, 1:25-cv-00872 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>DHS Revocation of Temporary Protected Status (TPS)<\/p>\n

On Aug. 1, Judge Cobb granted<\/a> a motion to stay the administration\u2019s expedited deportation practices for immigrants who are paroled into the United States, holding that the government\u2019s \u201cChallenged Actions do indeed fail even the \u2018fundamentally deferential\u2019 standard of arbitrary-and-capricious review. \u2026 [Its] scattershot legal explanations suffice to render them likely arbitrary and capricious in this preliminary posture.\u201d (citations omitted).<\/p>\n

<\/a>45. Judge G. Murray Snow (Bush appointee), Launch Alaska v. Department of Navy, Office of Naval Research<\/em><\/a>, 3:25-cv-00141 (D. Ala.)<\/h2>\n

Executive Action:\u00a0<\/strong>Denial of federal grants<\/p>\n

On Aug. 5, Judge Snow granted<\/a> the plaintiff\u2019s motion for a preliminary injunction, holding that they \u201cprovide[d] sufficient evidence to suggest that ONR\u2019s termination of its grant was done in an arbitrary and capricious manner.\u201d Judge Snow noted that the government\u2019s blanket cancellation of all DEI programs \u201cfailed to consider any facts specific to Launch Alaska in concluding that Launch Alaska\u2019s grant was \u2018not aligned with DoD priorities\u2019 \u2026 Consequently, ONR failed to provide \u2018a rational connection between any facts found,\u2019 of which there were none, and \u2018the choice made.\u2019\u201d (citations omitted).<\/p>\n

<\/a>46. Judge Michael H. Simon (Obama appointee), Oregon Council for the Humanities v. United States DOGE Service<\/em><\/a>, 3:25-cv-00829 (D. Or.)<\/h2>\n

Executive Action:<\/strong> Denial of federal grants<\/p>\n

On Aug. 6, Judge Simon granted<\/a> a stay under 5 U.S.C. \u00a7 705 and granted in part a preliminary injunction, blocking the administration from terminating the plaintiffs\u2019 federal grants and prohibiting the administration from spending the appropriated money elsewhere. Judge Simon noted:<\/p>\n

\n

\u201cNone of these [termination] letters set out any factual findings or reasoned bases for the NEH Defendants\u2019 termination decisions, much less provided the Councils with any explanation. The emails contain only conclusory statements and provide no indication of reasoned decision-making<\/strong>. \u2026<\/p>\n

Adding to the arbitrary and capricious nature of the actions taken by the NEH Defendants is that the grant reductions \u2018were likely performed en masse, without individualized analysis.\u2019 \u2026 As discussed, no such reasoned explanation was provided. \u2026<\/p>\n

Thus, Plaintiffs are likely to succeed on the merits of their claim that the NEH Defendants acted in an arbitrary and capricious manner in terminating the grants.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>47. Judge William E. Smith (Bush appointee), Rhode Island Coalition Against Domestic Violence v. Bondi<\/em><\/a>, 1:25-cv-00279 (D.R.I.)<\/h2>\n

Executive action:\u00a0<\/strong>Denial of federal grants<\/p>\n

On Aug. 8, Judge Smith granted<\/a> a preliminary injunction, halting the administration from imposing additional conditions on grants involving domestic violence programs. In granting the injunction, Judge Smith found:<\/p>\n

\n

\u201c[T[he Office\u2019s decision to impose the challenged conditions in such a vague and haphazard manner to be arbitrary, capricious, and an abuse of discretion, in violation of 5 U.S.C. \u00a7 706(2)(A). \u2026<\/p>\n

[O]n the present record, the Court can only conclude that the Office engaged in a wholly under-reasoned and arbitrary process<\/strong>. The Office provides, as the only basis for its decision, a single declaration by an Office supervisory official. \u2026 While helpful, that declaration is not a substitute for an administrative record. The Lyons Declaration likewise fails to speak to any Office considerations outside of presidential executive orders and a memorandum from the Attorney General. \u2026<\/p>\n

[T]he Office appears to have \u2018entirely failed to consider\u2019 many of the impacts of its decision, especially to the extent that the vague and confusing language in the challenged conditions would cause significant adverse effects on the Coalitions and the vulnerable populations that they serve.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>48. Judge Dabney L. Friedrich (Trump appointee), National Endowment for Democracy v. United States<\/em><\/a>, 1:25-cv-00648 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Denial of State Department Funds<\/p>\n

On Aug. 11, Judge Friedrich granted a preliminary injunction<\/a>, finding that the government\u2019s asserted justification for its withholding funds were \u201cneither reasoned nor rational.\u201d Judge Friedrich explained:<\/p>\n

\n

\u201cThe defendants fail to explain how funds falling 30% short of the Endowment\u2019s anticipated budget could be \u2018sufficient\u2019 to meet its operational needs, \u2026 or \u2018enable\u2019 it \u2018to carry out its purposes[.]\u2019 \u2026 They do not address why it is \u2018the most efficient and economical\u2019 result \u2026 for the Endowment to default on current financial obligations to grantees. \u2026 Nor does the record show that the defendants weighed, assessed, or displayed any awareness of the Endowment\u2019s reliance interests on the historical practice of routinely disbursing annual appropriations in full. \u2026<\/p>\n

Because the defendants\u2019 \u2018conclusory and unreasoned\u2019 assertions \u2026 are entirely insufficient to justify their actions<\/strong>, the Endowment is also likely to succeed on its claim that withholding the $95 million in appropriated funds was arbitrary and capricious.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>49. Judge Barbara Jacobs Rothstein (Carter appointee), King County v. Turner<\/em><\/a>, 2:25-cv-00814 (W.D. Wash.)<\/h2>\n

Executive Action:\u00a0<\/strong>Ban on DEIA initiatives in the executive branch and by contractors and grantees<\/p>\n

On Jun. 3, Judge Rothstein granted<\/a> the plaintiffs\u2019 first two motions for a preliminary injunction, holding:<\/p>\n

\n

\u201cThe Court concludes that Defendants have failed to demonstrate that the new funding conditions were the result of \u2018reasoned decisionmaking,\u2019 let alone have been \u2018reasonably explained.\u2019 In fact, they have not been explained at all. The CoC Program Grant Agreements and the new DOT agreements proffer no explanation for adoption of the new conditions. \u2026 For this reason, the Court concludes that Plaintiffs are likely to succeed on the merits of their claim that Defendants\u2019 insistence on the new funding conditions was arbitrary and capricious\u201d.<\/p>\n<\/blockquote>\n

On Aug. 12, Judge Rothstein additionally granted the plaintiffs\u2019 third motion for a preliminary injunction<\/a>, stating:<\/p>\n

\n

\u201cDefendants do not dispute that they have not offered contemporary, reasoned explanations<\/strong> for the imposition of the challenged funding conditions; rather, they argue that they are not required to do so because the conditions are not subject to notice-and-comment rulemaking. Defendants are mistaken. \u2026<\/p>\n

At most, the Defendants rely on reference to the Trump Administration\u2019s executive orders to justify the imposition of the challenged funding conditions, but as this Court previously stated \u2018rote incorporation of executive orders\u2014especially ones involving politically charged policy matters that are the subject of intense disagreement and bear no substantive relations to the agency\u2019s underlying action\u2014does not constitute \u2018reasoned decisionmaking.\u2019 \u2026 Thus, the Court concludes that Plaintiffs are likely to succeed on the merit of their claim that Defendants\u2019 imposition of the challenged funding conditions is arbitrary and capricious, which is an independent ground for setting aside those conditions.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>50. Judge Stephanie A. Gallagher (Trump appointee), American Federation of Teachers v. U.S. Department of Education<\/em><\/a>, 1:25-cv-00628 (D. Md.)<\/h2>\n

Executive Action:\u00a0<\/strong>Department of Education \u201cDear Colleague Letter\u201d banning DEI-related programming (Dear Colleague Letter)<\/p>\n

On Apr. 24, 2025, Judge Gallagher granted in part the plaintiffs\u2019 motion for a preliminary injunction:<\/p>\n

\n

\u201cPerhaps unsurprisingly, every reason Plaintiffs argue the Letter is arbitrary and capricious ultimately ties back to government\u2019s failure to recognize that the Letter went beyond merely restating settled principles of civil rights law. Because the government insists that the Letter required no particular process, and has created no administrative record underlying it, it failed to consider a number of required factors. To affect the kind of policy change the Letter does, the government was required to carefully consider the choice it was making, the evidence underlying it, and the interests it might impact<\/strong>. \u2026<\/p>\n

The Letter also marks a significant change in position in DOE\u2019s interpretation of SFFA. … The change in position is not explained<\/strong>. \u2026<\/p>\n

This Court is most concerned by DOE\u2019s change in position regarding its authority to regulate curriculum, and its decision to prospectively categorize content as discriminatory. It has not acknowledged that the change occurred or explained the reasoning for that change. The agency was required to demonstrate self-awareness where it changed positions and to explain the reasons for those changes in position. It did not.\u00a0<\/strong>This supports a finding that the Letter is arbitrary and capricious. \u2026<\/p>\n

The government has clarified that there is no administrative record underlying the Letter. \u2026 The Letter does not contain any factual citations or references to any facts supporting its assertions<\/strong>. \u2026 The Letter provides no line at all distinguishing viewpoint from binding policymaking. This too supports a finding that the Letter is arbitrary and capricious. \u2026<\/p>\n

[The administration] is not entitled to misrepresent the law\u2019s boundaries<\/strong>, and must at a minimum acknowledge and consider the relevant legal framework as it is. It cannot blur the lines between viewpoint and law. This also supports the notion that the Letter is likely arbitrary and capricious. \u2026<\/p>\n

The government argues that DOE could not possibly have considered reliance interests that were not raised to it. The problem with that is, of course, that DOE did not ask for input. School districts, schools, and teachers had no opportunity to comment on the Letter before it became effective<\/strong>. And their reliance interests, including but not limited to existing programs, curricula, contractual obligations, and departmental structures, were not considered. Partially, perhaps, because the government seems blind to the magnitude of the change in policy the Letter announced, it failed to account for how disruptive it would be to stakeholders.<\/strong> The direct prohibitions on teaching certain content paired with other vague and overbroad terms raise reasonable views that broad swaths of content might be legally suspect to this administration. The government\u2019s failure to consider reliance interests, too, counsels toward a finding that the Letter is likely arbitrary and capricious. \u2026<\/p>\n

Because the government has failed to acknowledge its change in position, or to promulgate the Letter using the processes necessary for a rule that effects a substantive change in policy, it failed to consider a number of factors required by the APA. Plaintiffs are therefore likely to succeed on the merits of their claim that the Letter is arbitrary and capricious.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

On Aug. 14, Judge Gallagher issued a memorandum opinion<\/a> granting the plaintiffs\u2019 motion for summary judgment in part, finding that:<\/p>\n

\n

\u201cNo reasoned bases for the government\u2019s decisions are apparent from the very sparse record<\/strong>, and this Court cannot provide them. \u2026<\/p>\n

There is no administrative record underlying either the Letter or the Certification Requirement. \u2026 Neither document contains any factual citations nor references any facts supporting its assertions. \u2026<\/p>\n

The Letter and Certification provide no line at all distinguishing viewpoint from binding policymaking. They either make factual assertions without support, or fail to consider facts at all<\/strong>. \u2026<\/p>\n

In promulgating the Letter and Certification, the government announced large-scale policy changes without considering whether they were appropriate based on existing facts and law, or the extent to which they would disrupt schools and teachers\u2019 status quo to the detriment of students\u2019 learning. Both the Letter and Certification are arbitrary and capricious for failing to account for facts, law, baseline conditions, or reliance interests.\u201d<\/strong> (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>51. Judge Rita F. Lin (Biden appointee), Thakur v. Trump<\/em><\/a>, 3:25-cv-04737 (N.D. Cal.)<\/h2>\n

Executive Action:\u00a0<\/strong>Actions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)<\/p>\n

On Jun. 23, Judge Lin issued a preliminary injunction<\/a> barring the EPA, NEH, and NSF from terminating UC researchers\u2019 grants, finding:<\/p>\n

\n

\u201cPlaintiffs are also likely to succeed on their claims that the en masse<\/em> terminations via form letter were arbitrary and capricious. The law requires administrative agencies to provide reasoned explanations for their decisions, particularly when changing a longstanding practice and abruptly upending years of planning and work. The form termination letters here appear to be in blatant violation of that requirement. \u2026<\/p>\n

The record reflects that the challenged grant terminations were likely performed en masse<\/em>, without individualized analysis, and without providing grantees with reasoned explanation for the terminations<\/strong>. \u2026<\/p>\n

Agency Defendants do not contest that the termination letters represent the sum-total of their \u2018reasoned explanation,\u2019 and none of the evidence Defendants have produced supplements the reasoning in the form letters. \u2026<\/p>\n

This guesswork is made even more difficult by the inconsistencies in the existing record.<\/strong> … Plaintiffs and the Court should not be left to guess at Agency Defendants\u2019 true reasons for terminating Plaintiffs\u2019 funding. \u2026<\/p>\n

Agency Defendants\u2019 characterization of their grant termination process as \u2018individualized review\u2019 is belied by the rest of the record<\/strong>. … The pace of the review and the resulting large waves of terminations via form letters further suggests a likelihood that no APA-compliant individualized review occurred. These are precisely the kinds of concerns that the APA\u2019s bar on arbitrary-and-capricious agency decisionmaking was meant to address. \u2026<\/p>\n

Plaintiffs have reliance interests in the research they were conducting based on the multi-year funding grants, and Defendants have not introduced any evidence that they considered those interests prior to terminating the grants. \u2026<\/p>\n

Defendants have had the opportunity to introduce evidence showing that they considered Plaintiffs\u2019 reliance interests prior to terminating their grants, but have not done so. \u2026<\/p>\n

Similarly, Defendants have not introduced any evidence indicating that they considered other important factors<\/strong>, including the waste that would result from projects halted before completion, or the loss to the public of critical research that will go unpublished.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On Aug. 21, the 9th Cir. denied<\/a> the government\u2019s motion for a partial stay pending appeal, stating:<\/p>\n

\n

\u201cThe letter does not explain which rationale applies to the recipient of the form letter. Nor does it explain how research projects that were selected to receive federal funding after a competitive process now fail to exhibit merit, or describe what the research duplicates, or provide any specific evidence supporting the allegation that any researcher acted abusively, fraudulently, or wastefully. \u2026<\/p>\n

The rest of the record also provides little explanation for the termination decisions. \u2026<\/p>\n

On this limited record, we agree with the district court that the recipients of the form letter and the public were left to guess at the reasons for these terminations<\/strong>. \u2026<\/p>\n

Because the letters left the recipients guessing as to the agencies\u2019 rationale, and there is no evidence that the agencies considered reliance interests before terminating the grants, the government has not \u2018made a strong showing\u2019 that it is likely to succeed on the merits of its argument that the district court abused its discretion when it concluded that the termination of grants by form letters was likely arbitrary and capricious.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

On Sept. 4, the government moved<\/a> for panel rehearing or rehearing en banc of the panel\u2019s denial of its motion to stay the district court\u2019s preliminary injunction pending appeal.<\/p>\n

Update 1 (Oct. 15, 2025)<\/u><\/strong>:<\/p>\n

On Sept. 22, the court granted<\/a> a further preliminary injunction, extending relief to DoD, DoT, and HHS\/NIH grants in addition to the agencies already enjoined. In her order, Judge Lin stated:<\/p>\n

\n

\u201c<\/em>Plaintiffs have shown a likelihood of success on the merits of their APA arbitrary and capricious claim against DoD, DoT, and HHS-NIH, largely for the same reasons described in the PI Order. \u2026<\/p>\n

With respect to DoD, the standardized termination letters state, with only slight variations, that the \u2018grant award no longer effectuates [] program goals or DoD priorities.\u2019 \u2026 That language again reflects \u2018that the challenged grant terminations were likely performed en masse, without individualized analysis, and without providing grantees with reasoned explanation for the terminations.\u2019 \u2026<\/p>\n

With respect to DoT, Defendants argue that Plaintiffs are not likely to succeed on their arbitrary and capricious claim because the two-page form letters terminating Plaintiffs\u2019 grants include a brief discussion of supposedly grant-specific reasons for the termination. \u2026 However, DoT offers no explanation as to why the research at issue [constituted a DEI initiative inconsistent with DoT priorities]. \u2026 Furthermore, one of the letters appears to reference research activities of an entirely different UTC grantee (C2SMARTER) as the basis for termination, raising serious questions regarding the extent to which individualized consideration occurred. \u2026<\/p>\n

Moreover, DoT acknowledges that it \u201cdid not explicitly consider reliance interests.\u201d \u2026 And nothing in the record suggests that DoT considered other important factors, such as waste of taxpayer money resulting from mid-stream funding cuts, or the public\u2019s loss of important research. \u2026<\/p>\n

For similar reasons, Plaintiffs are likely to succeed on the merits of their claim that HHS and NIH\u2019s immediate and indefinite grant suspensions were arbitrary and capricious.\u201d (citations omitted).<\/p>\n<\/blockquote>\n

<\/a>52. Judge Kathleen Mary Williams (Obama Appointee), Friends of the Everglades, Inc. v. Noem<\/em><\/a>, 1:25-cv-22896 (S.D. Fla.)<\/h2>\n

Executive Action:\u00a0<\/strong>Immigration Detention Facilities<\/p>\n

On Aug. 21, the court, granting in part the plaintiffs\u2019 motion for a preliminary injunction, suggested an arbitrary and capricious standard under the National Environmental Policy Act (NEPA) and found<\/a>:<\/p>\n

\n

\u201cHere, there weren\u2019t \u2018deficiencies\u2019 in the agency\u2019s process. There was no process.<\/strong> The Defendants consulted with no stakeholders or experts and did no evaluation of the environmental risks and alternatives from which the Court may glean the likelihood that the agency would choose the same course if it had done a NEPA-compliant evaluation.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

On Sept. 4, the D.C. Circuit\u00a0<\/em>stayed<\/em><\/a>\u00a0the district court\u2019s August 21 preliminary injunction and stayed the underlying case pending appeal. On Sept. 8, the plaintiffs\/appellees\u00a0<\/em>moved<\/em><\/a>\u00a0for the D.C. Circuit to reconsider its stay of the district court proceedings.<\/em><\/p>\n

<\/a>53. Judge Brendan Abell Hurson (Biden appointee), City of Columbus v. Robert F. Kennedy, Jr.<\/em><\/a>, 1:25-cv-02114 (D. Md.)<\/h2>\n

Executive Action:\u00a0<\/strong>Access to Health Care<\/p>\n

On Aug. 22, Judge Hurson granted a stay<\/a> of certain provisions of the Marketplace Integrity and Affordability Rule, which were to take effect on Aug. 25, 2025.<\/p>\n

On the \u201cActuarial Value Policy,\u201d Judge Hurson found:<\/p>\n

\n

\u201cSuch \u2018[n]odding to concerns raised by commenters only to dismiss them in a conclusory manner is not a hallmark of reasoned decisionmaking.\u2019 \u2026 Thus, the Court finds that Defendants provided an insufficient and conclusory rationale for altering the de minims variation, and Plaintiffs are likely to succeed on their claim that the agency acted in an arbitrary and capricious manner<\/strong>.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

Regarding the special enrollment period\u2019s eligibility verification requirements, Judge Hurson said:<\/p>\n

\n

\u201cThe Court agrees with Plaintiffs’ principal argument that \u2018CMS offered no good reason to impose this burden on enrollees.\u2019 \u2026 As such, the Court finds that Plaintiffs have shown a likelihood of success on the merits on their claim that instituting SEP pre-enrollment verification procedures was arbitrary and capricious<\/strong>.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

Regarding \u201cIncome Verification When Data Shows Income Below 100 Percent of FPL\u201d, Judge Hurson said:<\/p>\n

\n

\u201cAt the hearing, the Court asked counsel for Defendants how it could not be considered arbitrary and capricious for the agency to continue to rely on a report to justify its action after the author of that report indicated that the conclusions in the report do not support the agency’s action. \u2026 In response, counsel conceded, \u2018[t]hat is something difficult to address,\u2019 and noted that \u2018[he] [was] not familiar with the precise facts of what the Agency was using, the proposition for which the Agency was using the study compared to what the author was disagreeing with.\u2019 \u2026<\/p>\n

Against this backdrop, the Court concludes that HHS failed to meaningfully address the comments pointing out potential flaws in the data contained in the Paragon report, despite continuing to rely on such data to justify the provision in the Rule. \u2026<\/p>\n

In short, the agency refused to meaningfully engage with challenges to the data and reports used to justify the Rule<\/strong>, which began at the time of promulgating the final Rule and continues through this litigation. \u2026 Accordingly, Plaintiffs are likely to succeed on the merits of their claim that CMS acted arbitrarily by instituting additional verification requirements without sufficient data justifying the need to do so.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

Finally, on \u201cIncome Verification When Tax Data is Unavailable\u201d, Judge Hurson said:<\/p>\n

\n

\u201cAfter reviewing the agency’s reasoning in the Rule, the Court finds that CMS concluded in a conclusory fashion that program integrity benefits would outweigh the administrative burden on applicants<\/strong>. … The circular reasoning and conclusory statements offered to justify the policy change are not indicative of reasoned decision-making. … Given the lack of sufficient data to justify the rule, and the agency’s lack of meaningful explanation for the provision, the Court finds that this provision was not \u2018reasonable and reasonably explained.\u2019\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>54. Judge Allison Dale Burroughs (Obama appointee), President and Fellows of Harvard College v. US Department of Health and Human Services<\/em><\/a>, 1:25-cv-11048 (D. Mass.) and American Association of University Professors – Harvard Faculty Chapter v. United States Department Of Justice<\/em><\/a>, 1:25-cv-10910 (D. Mass.) (related cases)<\/h2>\n

Executive Action:\u00a0<\/strong>Actions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)<\/p>\n

On Sept. 3, Judge Burroughs ruled<\/a>, in part, that the administration\u2019s attempt to condition Harvard University\u2019s federal funding on changes to its campus policies violates the Administrative Procedure Act. The Court found:<\/p>\n

\n

In sum, the Freeze Orders, on their face, purport to explain the decision to terminate funding as based on Harvard\u2019s failure to address antisemitism or uphold civil rights laws. It is difficult, however, if not impossible<\/strong>, for this Court to view that explanation as \u2018reasoned\u2019<\/strong> when the administrative record reflects that, before freezing nearly $2.2 billion in federal grants, the agencies considered little, if any, data<\/strong> regarding the antisemitism problem at Harvard, disregarded the substantial policy and other changes Harvard had taken and was continuing to take to address the issue, and failed to weigh the importance of any particular grant or to evaluate whether a particular grant recipient had engaged in antisemitic behavior before cutting off critical research. \u2026 It is that rational connection between the grant terminations and the fight against antisemitism that is wholly lacking<\/strong> here<\/strong>. Therefore, Plaintiffs\u2019 motions for summary judgment are GRANTED as to their arbitrary and capricious claims regarding the Freeze Orders, and Defendants\u2019 corresponding motions are DENIED.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>55. Judge William E. Smith (W. Bush appointee), Rhode Island Latino Arts v. National Endowment for the Arts<\/em><\/a>, 1:25-cv-00079 (D.R.I.)<\/h2>\n

Executive Action:\u00a0<\/strong>Ban on DEIA initiatives in the executive branch and by contractors and grantees (Executive Order 14168)<\/p>\n

On Sept. 19, Judge Smith issued<\/a> an order granting and denying in part the parties\u2019 respective motions for summary judgment, and finding that the NEA\u2019s final decision regarding its implementation of EO 14168<\/a> (\u201cFinal Notice\u201d) was arbitrary & capricious under the APA. He wrote<\/a>:<\/p>\n

\n

\u201cThe NEA\u2019s only explanation for its decision to categorically disfavor applications that promote gender ideology is that it will \u2018serve the public by . . . furthering the current administration\u2019s priorities as provided in the [EO],\u2019 \u2026 The administrative record \u2014 which consists of the NFAHA, \u2018a smattering of cases,\u2019 the EO, the NEA\u2019s grant application guidelines, and the Final Notice \u2014 is devoid of reasoned policy analysis<\/strong> \u2026 There is no examination of relevant data, there are no findings of fact, and there is zero explanation of what it means for a project to \u2018promote gender ideology,\u2019 let alone how that concept relates to artistic merit, artistic excellence, general standards of decency, or respect for the diverse beliefs and values of the American public. \u2026<\/p>\n

Because the NEA has failed to explain its action outside of complying with the EO, the Court concludes that the Final Notice is arbitrary and capricious in violation of the APA.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>56. Judge Royce C. Lamberth (Reagan appointee), Revolution Wind, LLC v. Burgum<\/em><\/a>,\u00a0<\/em>1:25-cv-02999 (D.D.C.)<\/h2>\n

Executive Action:\u00a0<\/strong>Department of the Interior (DoI) Bureau of Ocean Energy Management (BOEM) \u201cStop Work Order\u201d halting construction on offshore wind project<\/p>\n

On Sept. 22, Judge Lamberth granted<\/a> a stay and preliminary injunction of BOEM\u2019s Aug. 22 stop work order<\/a> halting construction on Revolution Wind\u2019s two-year offshore wind project intended to provide energy to the New England region. In a bench ruling, Judge Lamberth reportedly<\/a> called the administration\u2019s decision the \u201cheight of arbitrary and capricious action\u201d\u00a0<\/strong>(emphasis added).<\/p>\n

<\/a>57. Judge William E. Smith (Bush appointee), State of Illinois. v. Federal Emergency Management Agency<\/em><\/a>, 1:25-cv-00206 (D.R.I.)<\/h2>\n

Executive Action:<\/strong> \u201cTemporary Pause\u201d of grants, loans, and assistance programs<\/p>\n

On Sept. 24, Judge Smith granted<\/a> summary judgment and a permanent injunction for 20 states and the District of Columbia, finding the DHS\u2019s attachment of immigration-related conditions to federal disaster grants and emergency management programs was arbitrary and capricious. Judge Smith wrote:<\/p>\n

\n

\u201cDHS made no attempt to claim that it examined the relevant data or articulated a fact-based reason for its actions.<\/p>\n

Based on the limited justifications offered in Defendants\u2019 papers and exhibits to this Court, the Court can only conclude that DHS engaged in a wholly under-reasoned and arbitrary process<\/strong>. Defendants provide, as nearly the only basis for their decision, that DHS is tasked with homeland security and that many of the grants, as well as the overarching objective of DHS, are designed to prevent and potentially respond to acts of terrorism, and \u2018that mission includes immigration enforcement.\u2019 \u2026 But such platitudes cannot substitute for an actual explanation of why it is necessary to attach sweeping immigration conditions to all the grants at issue here, regardless of their statutory purpose or programmatic objectives. The indiscriminate application of these conditions across the entire spectrum of DHS-administered grants demonstrates the absence of tailoring and the failure to consider whether such conditions are appropriate for particular programs. \u2026<\/p>\n

The failure to even consider reasons to not impose the contested conditions highlights the arbitrariness of the process. Moreover, DHS did not meaningfully evaluate the states\u2019 reliance interests, even though the record shows that states have structured their budgets and emergency preparedness planning for decades around consistent federal support. \u2026<\/p>\n

The combination of overbreadth, disregard for reliance interests, and failure to consider public safety and possible alternatives makes it clear that DHS\u2019s decision does not comply with the APA<\/strong>. \u2026 The contested conditions are arbitrary and capricious and, thus, violate the APA.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>58. Judge William G. Young (Reagan appointee), American Association of University Professors v. Rubio<\/em><\/a>, 1:25-cv-10685 (D. Mass.)<\/h2>\n

Executive Action<\/strong>: Habeas Corpus and Immigration Removal of Protestors (Executive Orders 14161 and 14188)<\/p>\n

On Sept. 30, following a nine-day bench trial, Judge Young ruled<\/a> that the administration violated the First Amendment in efforts to deport non-citizens involved in pro-Palestinian protests on college campuses. The court also found the administration violated the Administrative Procedure Act, stating:<\/p>\n

\n

\u201cThe policy is also arbitrary or capricious because it represents an unexplained reversal of the agencies\u2019 position without accounting for reliance interests. \u2026<\/p>\n

Although … \u2018[t]he agency retains the discretion and authority to change its position — even abruptly — in any specific case because a change in its policy does not affect the legal norm,\u2019 here it is the legal norm itself that has been changed — pure political speech has never before been grounds for adverse immigration action — and, \u2018when \u201cbizarre\u201d interpretations are made out of \u201cregulatory zeal,\u201d deference is not appropriate.\u2019<\/strong> \u2026<\/p>\n

The Public Officials not only do not explain this policy; they deny that it exists<\/strong>. Thus, the agencies have engaged in quintessential arbitrary action<\/strong>: an abrupt reversal of course, using statutes in new and constitutionally suspect ways, with no explanation.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>59. Judge Ann Aiken (Clinton appointee), State of Washington v. Health and Human Services<\/em><\/a>, 6:25-cv-01748 (D. Or.)<\/h2>\n

Executive Action<\/strong>: Ban on DEIA initiatives in the executive branch and by contractors and grantees (Executive Order 14168)<\/p>\n

On Oct. 27, granting a preliminary injunction<\/a>, Judge Aiken wrote:<\/p>\n

\n

\u201cIn sum, HHS fails to show that the new grant conditions are reasonable, let alone offer any reasonable explanation, other than pretext, for its action. HHS provides no evidence that it made factual findings or considered the statutory objectives and express requirements, the relevant data, the applicable anti-sex- discrimination statutes and its own regulations or Plaintiff States\u2019 reliance interests.<\/p>\n

On this record, the Court concludes that Plaintiff States are likely to succeed on the merits of their APA claim that Defendants\u2019 actions are arbitrary and capricious.\u201d<\/p>\n<\/blockquote>\n

<\/a>60. Judge Kymberly K. Evanson (Biden appointee), State of Washington v. United States Department of Education<\/em><\/a>, 2:25-cv-01228 (W.D. Wash.)<\/h2>\n

Executive Action<\/strong>: Denial of federal grants<\/p>\n

On Oct. 27, granting a preliminary injunction<\/a>, Judge Evanson wrote:<\/p>\n

\n

\u201cThe Court finds that Plaintiff States have met their burden to show that they are likely to succeed on the merits of their APA claim that the discontinuation decisions are arbitrary and capricious<\/strong> in at least two ways. \u2026<\/p>\n

First, \u2026 there is no evidence the Department considered any relevant data<\/strong> pertaining to the Grants at issue and it is undisputed that it provided no Grant-specific explanation<\/strong> of the application of the Department\u2019s new \u201cbest interest\u201d criteria. In the absence of any findings, the Court cannot determine whether the Department\u2019s decision bears a rational connection to the facts. Rather, the discontinuation decisions are wholly conclusory<\/strong>, which prevents meaningful judicial review. \u2026<\/p>\n

Beyond an unsupported assertion that the decisions were \u2018reasonable and reasonably explained\u2019 \u2026, Defendants make no effort to analogize the discontinuation decisions or the process by which the decisions were reached to the cases they cite. \u2026 Indeed, Defendants\u2019 counsel admitted at oral argument that he had no information about how the Department decided which Grants to discontinue, and that the record contains none<\/strong>. \u2026 Because the Court agrees with Plaintiff States that the discontinuation decisions are unexplained and conclusory<\/strong>, the Court finds that Plaintiff States have shown a likelihood of success on the merits of their APA claim on this basis. \u2026<\/p>\n

[Second,] there is no evidence before the Court that Defendants considered any reliance interests<\/strong> (as Defendants conceded at oral argument\u2026).\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>61. Judge Susan Illston (Clinton appointee), American Federation of Government Employees, AFL-CIO v. Trump<\/em><\/a>, 3:25-cv-03698 (N.D. Cal.) and American Federation of Government Employees, AFL CIO v. United States Office of Management and Budget<\/em><\/a>, 3:25-cv-08302 (N.D. Cal.) (related cases)<\/h2>\n

Executive Action<\/strong>: Large-scale reductions in force \/ Termination of probationary employees (Executive Order 14210)<\/p>\n

Granting a temporary restraining order<\/a> on Oct. 15, Judge Illston wrote:<\/p>\n

\n

\u201cIf what plaintiffs allege is true, then the agencies\u2019 actions in laying off thousands of public employees during a government shutdown \u2014and in targeting for RIFs those programs that are perceived as favored by a particular political party\u2014 is the epitome of hasty, arbitrary and capricious decisionmaking<\/strong>. The many snafus that plaintiffs detail in their papers, some of which are outlined above, are testament to this.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

On Oct. 28, granting a preliminary injunction<\/a>, Judge Illston repeated the above. She noted that the government had failed to address the plaintiffs\u2019 allegations of arbitrary and capricious conduct at the TRO stage and devoted only three pages to the issue in its preliminary-injunction briefing. The court wrote:<\/p>\n

\n

\u201cReview of the OMB Memorandum, the OPM Guidance and Special Instructions, and the declarations provided by defendants do not reveal reasoned decisionmaking. The RIFs at issue here, planned and administered during a government shutdown, are likely arbitrary and capricious: they are explicitly intended for the purpose of political retribution and have been rolled out haphazardly, with no evidence of reasoned decisionmaking or consideration of the federal employees\u2019 reliance interests.<\/strong> Defendants\u2019 arguments to the contrary are unavailing.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

The court further said that the government\u2019s \u201cvague and limited articulations do not justify agency defendants\u2019 drastic, out of the ordinary actions during a government shutdown,\u201d described statements by President Trump as \u201cpartisan motivation [which] exemplifies arbitrary and capricious agency action,\u201d and called out \u201ca tumultuous process pervaded by errors and uncertainty.\u201d Judge Illston concluded:<\/p>\n

\n

\u201cThe Court further agrees with plaintiffs that OMB\u2019s directive to implement RIFs during the lapse in appropriations departs from longstanding policies<\/strong> without providing a reasoned explanation for doing so.<\/strong> It is longstanding practice for Presidents to act in concert with Congress when undertaking large-scale RIFs. \u2026 However, here, the agencies sharply depart from historical practice<\/strong>, unilaterally acting out President Trump\u2019s and OMB Director Vought\u2019s retaliatory and partisan \u2018policy goal\u2019 of punishing Democrat-oriented agencies<\/strong> amid a government shutdown. Unable to discern any reasoned basis<\/strong> for the agency defendants\u2019 actions, the Court concludes that plaintiffs are likely to succeed on their arbitrary and capricious claim under the APA.\u201d (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>62. Chief Judge John J. McConnell, Jr. (Obama appointee), Rhode Island State Council of Churches v. Rollins<\/em><\/a>, 1:25-cv-00569 (D.R.I.)<\/h2>\n

Executive Action<\/strong>: Denial of federal grants<\/p>\n

On Oct. 31, Judge McConnell held a virtual hearing in which he granted the plaintiffs\u2019 emergency motion for a temporary restraining order. As he later said<\/a>:<\/p>\n

\n

\u201cSpecifically, the Court found that Plaintiffs were substantially likely to succeed on the merits of their APA claim because the USDA\u2019s decision to cut off SNAP funding was contrary to law and arbitrary and capricious. The Court reasoned that the contingency funds for SNAP are appropriated funds that are necessary to carry out the program’s operation, and that USDA provided no explanation as to why the contingency funds could not be used even though the agency had previously acknowledged in 2019, during the first Trump administration, that such funds could be used during a government shutdown.\u201d<\/p>\n<\/blockquote>\n

In Judge McConnell\u2019s Nov. 1 written TRO<\/a>, the government was given two paths to avert a lapse in November SNAP benefits: (1) fully fund payments by Nov. 3 using Section 32 and\/or contingency funds; or (2) make partial payments by Nov. 5, but only if it \u201cexpeditiously\u201d resolved the administrative and clerical burdens associated with partial disbursements. The court added that any decision not to fully fund must be made \u201cin accordance with the APA\u201d and could not be \u201carbitrary or capricious.\u201d The government chose to make partial payments.<\/p>\n

On Nov. 6, Judge McConnell granted<\/a>, inter alia<\/em>, the plaintiffs\u2019 motion for a second TRO, concluding that the plaintiffs\u2019 claim that the USDA\u2019s decision to opt for partial November SNAP payments was likely to succeed as being arbitrary and capricious on four grounds. (Judge McConnell also reportedly said during the earlier Nov. 6 hearing<\/a> that \u201cUSDA arbitrarily and capriciously created this problem by ignoring the congressional mandate for contingency funds and failing to timely notify the states.\u201d)<\/p>\n

First, USDA failed to \u201caccount for the practical consequences\u201d or consider the \u201cincreased harm that will befall these recipients\u201d by attempting to issue partial payments. The court said it found \u201cit astounding that the Defendants would even choose to go down this path if they were aware of all the difficulties and delays that such partial payment of SNAP benefits would entail.\u201d<\/p>\n

Second, USDA misapprehend[ed] its statutory authority under 7 U.S.C. \u00a7 2257 and congressional intent by \u201cconflat[ing] Section 32 funds with the Child Nutrition Programs to make it seem as though they go in tandem,\u201d claiming that Section 32 funds must be used \u201cexclusively\u201d to fund those programs and that using them for other purposes would \u201cstray from Congressional intent.\u201d<\/p>\n

Third, the court held that USDA\u2019s reasoning for refusing to access the Section 32 fund was \u201cso contrary to the evidence\u201d and \u201cso implausible\u201d as to be arbitrary and capricious. It found it \u201chighly unlikely that USDA\u2019s transfer of Section 32 funds would lead to immediate and permanent gaps in Child Nutrition Program funding, as the Defendants suggest,\u201d emphasized that \u201cUSDA does not know how Congress will use its power of the purse, so it cannot rest on the assumption that Congress will simply do nothing,\u201d and concluded that \u201cit defies belief that the Defendants would prioritize a hypothetical disruption in child food assistance, projected to occur no sooner than May of 2026 (if at all), over the very real and immediate risk of children being deprived of their food assistance today<\/em>\u201d (emphasis in original).<\/p>\n

Finally, USDA\u2019s decision was \u201centirely \u2018pretextual\u2019\u201d<\/strong> and undertaken for \u201cpartisan political purposes\u201d (emphasis added). Judge McConnell concluded:<\/p>\n

\n

\u201cThis Court is not na\u00efve to the administration\u2019s true motivations<\/strong>. \u2026 Far from being concerned with Child Nutrition funding, these statements make clear that the administration is withholding full SNAP benefits for political purposes<\/strong>. Such\u00a0\u2018unjustifiable partisanship\u2019\u00a0<\/strong>has\u00a0infected\u00a0<\/strong>the\u00a0USDA\u2019s decision-making<\/strong>.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

The court also emphasized in the introductory discussion of its order:<\/p>\n

\n

\u201cWhile the President of the United States professes a commitment to helping those it serves, the government\u2019s actions tell a different story.\u00a0<\/strong>Faced with a choice between advancing relief and entrenching delay, it chose the latter\u2014an outcome that predictably magnifies harm and undermines the very purpose of the program it administers. Such conduct is more than poor judgment; it is arbitrary and capricious<\/strong>. One cannot champion the public interest while simultaneously adopting policies that frustrate it. Discretion exercised in this manner ceases to be discretion at all\u2014it becomes obstruction cloaked in administrative formality.\u201d\u00a0<\/strong>(emphasis added).<\/p>\n<\/blockquote>\n

(On Nov. 7, the Supreme Court entered an\u00a0<\/em>administrative stay<\/em><\/a>\u00a0of the Oct. 31 and Nov. 6 orders, and later\u00a0<\/em>extended<\/em><\/a>\u00a0the stay. On Nov. 13, after the government shutdown ended, the government\u00a0<\/em>withdrew<\/em><\/a>\u00a0its request for a stay in the Supreme Court, with the Solicitor General explaining that the bill ending the shutdown \u201cfully funds SNAP through the end of the fiscal year.<\/em>\u201d)<\/em><\/p>\n

<\/a>63. Judge Lewis A. Kaplan (Clinton appointee), State of New York v. Noem<\/em><\/a>, 1:25-cv-08106 (S.D.N.Y.)<\/h2>\n

Executive Action<\/strong>: Immigration Policy – punishment of sanctuary cities and states (Executive order 14159) (DOJ \u201cSanctuary Jurisdiction Directives\u201c (Feb. 5, 2025))<\/p>\n

On Nov. 6, Judge Kaplan granted a permanent injunction<\/a>, holding that DHS and FEMA\u2019s decision to reallocate roughly $34 million in Rail and Transit Security Grant Program funding from New York\u2019s Metropolitan Transportation Authority (MTA) based on New York City\u2019s \u201csanctuary city\u201d policies was unlawful. DHS had initially allocated the funds to the MTA through its Notice of Funding Opportunity (NOFO), but FEMA later reallocated the funds to other recipients. Directing the government to release the funds to the MTA, Judge Kaplan found the reallocation to be arbitrary and capricious.<\/p>\n

Judge Kaplan wrote:<\/p>\n

\n

\u201cThe government counters that it provided an explanation for its decision in the NOFO, which states that \u2018[a]n immigration term and condition, including those in the DHS Standard Terms and Conditions, may be material to the Department of Homeland Security\u2019s decision to make this grant award.\u2019 This justification is arbitrary and capricious for at least three independent reasons<\/strong>.<\/p>\n

First<\/strong>, the statute governing the award of TSGP funds requires that the DHS Secretary \u2018select the recipients of grants based solely on risk.\u2019 Congress\u2019s use of the word \u2018solely\u2019 makes clear beyond any doubt that the Secretary may not consider factors unrelated to risk. The government concedes, and the Court finds, that the Reallocation Decision was not based on risk.<\/strong> Instead, the government argues that \u2018[e]nsuring that recipients enforce federal immigration laws and policies is a rational reason in support of the agency\u2019s denial of federal funds.\u2019 Regardless of whether this constituted a \u2018rational reason\u2019 for the Reallocation Decision, the decision nonetheless was arbitrary and capricious because FEMA\u2019s reliance on a non-risk factor constituted reliance on a factor proscribed by statute.<\/strong><\/p>\n

The government argues also that \u2018[w]hile Congress cannot regulate the States, its constitutional powers . . . do allow it to fix the terms on which it shall disburse federal money to the States.\u2019 The government is correct that Congress may fix terms on the disbursement of federal money to the States. But here, Congress did not authorize the DHS Secretary to fix immigration-related terms or conditions on the disbursement of TSGP funds.<\/strong> To the contrary, Congress prohibited DHS from imposing such terms by requiring the selection of grant recipients to be \u2018based solely on risk.\u2019 Accordingly, the asserted basis for the Reallocation Decision \u2014 the implication that the MTA, the State, or the City was not in compliance with immigration-related grant conditions \u2014 was arbitrary and capricious because Congress precluded DHS from imposing, and in any case did not authorize it to impose, such conditions on TSGP funds.\u00a0<\/strong><\/p>\n

Second<\/strong>, \u2026 [the] blanket statement [in the NOFO] did not \u2018reasonably explain[]\u2019 the Reallocation Decision.<\/strong> It did not specify any particular term that might be material nor any particular term the MTA allegedly did not comply with. It did not state that the MTA might be held responsible for New York City\u2019s status as a sanctuary jurisdiction \u2014 the basis for the decision asserted by a FEMA official in this litigation. And it did not explain what, if anything, changed with respect to compliance with immigration terms and conditions between the publication of the $33,898,500 target allocation and the Reallocation Decision. Accordingly, the Reallocation Decision was arbitrary and capricious because the government did not provide a reasonable, contemporaneous explanation for the decision.\u00a0<\/strong><\/p>\n

Third<\/strong>, even if the enforcement of immigration-related conditions<\/strong> were statutorily authorized and had been given as a contemporaneous explanation for the Reallocation Decision, the government\u2019s application of that justification exclusively to the MTA was wholly arbitrary.<\/strong> \u2026<\/p>\n

Even accepting Mr. Arnold\u2019s purported rationale at face value, it would not reasonably explain the Reallocation Decision because that decision increased grants to some sanctuary cities or entities based in or serving them while eliminating any such grant to the MTA. Accordingly, the Reallocation Decision was arbitrary and capricious because it \u2018runs counter to the evidence before the agency\u2019 and \u2018is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.\u2019\u201d<\/strong> (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>64. Judge James E. Simmons, Jr. (Biden appointee),Rios v. Noem<\/em><\/a>, 3:25-cv-02866 (S.D. Cal.)<\/h2>\n

Executive Action: Other Habeas and Removal Actions<\/strong><\/p>\n

On Nov. 10, granting a petition for writ of habeas corpus against the petitioner\u2019s re-detention and possible removal to a third country, Judge Simmons\u00a0explained<\/a> the court \u201cneed not reach\u201d the Administrative Procedure Act claims because it granted relief on due process grounds, but he found the APA supplies \u201cadequate and independent\u201d grounds for the writ: Respondents offered no \u201crational connection\u201d for revoking supervised release and attempted a third-country removal to Mexico without notice. The court wrote:<\/p>\n

\n

\u201c[T]he record here shows that Respondents did not articulate a satisfactory explanation including a \u2018rational connection between the facts found and the choice made\u2019 for the change to Petitioner\u2019s status. \u2026Respondents also do not show any consideration of the \u2018serious reliance interests\u2019 that they have engendered<\/strong> in Petitioner by granting him supervised release prior to their change in policy. \u2026 Because Respondents revoked Petitioner\u2019s supervised release and detained him without any rational individualized fact-finding or consideration of the effects of altering their prior decisions, Respondents acted arbitrarily and capriciously in violation of the APA<\/strong>.<\/p>\n

Respondents effectively admit to having failed to follow their own procedures<\/strong> in their attempt to remove Petitioner to a third country. In light of that troubling revelation, the Court is persuaded that Respondents did not engage in rational decision making regarding Petitioner\u2019s case<\/strong> or the effects of their policy change on his interests before attempting to effectuate his third country removal. \u2026 Thus, Respondents acted arbitrarily and capriciously in attempting to remove Respondent to a third country without notice.<\/p>\n

Respondents\u2019 violation of the APA in their decision to revoke Respondent\u2019s supervised release and their attempt to remove him to Mexico constitute adequate and independent grounds by which his confinement is unlawful<\/strong>. This Court also GRANTS Petitioner\u2019s petition for writ of habeas corpus on this basis.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>65. Judge Indira Talwani (Obama appointee), Commonwealth of Massachusetts v. United States Department of Agriculture<\/em><\/a>, 1:25-cv-13165 (D. Mass.)<\/h2>\n

Executive Action<\/strong>: Denial of federal grants<\/p>\n

In a Nov. 12 order granting a temporary restraining order<\/a> staying enforcement of USDA\u2019s Nov. 8 letter asserting that States took \u201cunauthorized\u201d action regarding November SNAP funds, Judge Talwani found the agency\u2019s position \u201cuntethered to the factual record\u201d and arbitrary and capricious. The court wrote:<\/p>\n

\n

\u201cUSDA\u2019s November 8 Letter asserting that States\u2019 issuances of the full payment files were unauthorized fails to account for, or even acknowledge in much detail, the events immediately before the letter\u2019s issuance. \u2026\u00a0<\/strong>Defendants, as their position is articulated in the November 8 Letter, would first have States ignore the D.R.I. District Court\u2019s Temporary Restraining Order, even while those orders were not stayed. As noted, these orders directed Defendants to make the full SNAP benefits available to the States. States acted in reliance of these orders when they submitted payment files for full November benefits.<\/p>\n

Further, USDA itself confused the record<\/strong> by issuing and not rescinding a notice on November 7, 2025, stating that FNS \u2018is working towards implementing November 2025 full benefit issuances in compliance with the November 6, 2025 order\u2019 and that \u2018[l]ater today, FNS will complete the processes necessary to make funds available to support your subsequent transmittal of full issuance files to your EBT processor\u2019 \u2026 (emphasis added). This statement provided no indication that Defendants were appealing and seeking a stay of the district court\u2019s orders. Indeed, in retrospect, it appears that the statement was carefully crafted to feign compliance with the D.R.I. Temporary Restraining Order when the USDA intended to do no such thing.And, even after receiving an administrative stay on November 7, Defendants delayed a full day before issuing the November 8 Letter that departed from statements the agency itself made just the day before.<\/p>\n

In light of this record, the court finds that USDA\u2019s assertion\u2014that the States took \u2018unauthorized\u2019 action when they were complying with a court order that had not yet been stayed and with the USDA\u2019s own directive\u2014untethered to the factual record.\u00a0<\/strong>Accordingly, Plaintiffs are likely to success [sic]<\/em> on the merits of their claim that the November 8 Letter is arbitrary and capricious agency action.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

<\/a>66. Judge Jon S. Tigar (Obama appointee), Housing Authority of the County of San Diego v. Turner<\/em><\/a>, 4:25-cv-08859 (N.D. Cal.)<\/h2>\n

Executive Action<\/strong>: Denial of federal grants<\/p>\n

On Nov. 14, granting a preliminary injunction<\/a> blocking the Department of Housing and Urban Development\u2019s (HUD) newly imposed funding conditions on multiple grant programs administered to city and county public-housing agencies, Judge Tigar wrote:<\/p>\n

\n

\u201cPlaintiffs do not argue that the agency\u2019s reasoning was irrational or omitted relevant considerations. Rather, they argue that the agency erred by providing no reasoning at all to support the imposition of the challenged grant conditions. In a letter to grantees and stakeholders, HUD Secretary Turner explained that the challenged conditions were imposed to \u2018effectively implement\u2019 and \u2018ensure . . . complian[ce]\u2019 with the President\u2019s executive orders. \u2026 But this is no explanation at all. \u2026 An agency cannot change position solely based on compliance with an EO without further explanation<\/strong>. \u2026<\/p>\n

The government\u2019s implication is that an agency acts lawfully any time it orders its grantees to certify compliance with Executive Orders. As the discussion above makes clear, that isn\u2019t true. And even if imposing grant conditions to certify compliance with Executive Orders were an unremarkable aspect of agency practice\u2014which is not the Court\u2019s conclusion\u2014those agencies would still be required to explain themselves. \u2026 Defendants have failed in that task.<\/strong><\/p>\n

The challenged grant conditions are arbitrary and capricious.\u201d (citations omitted) (emphasis added).<\/p>\n<\/blockquote>\n

67. Judge Eric Komitee (Trump appointee), <\/b>A.C.R. v. Noem<\/i><\/b><\/a> 1:25-cv-03962 (E.D.N.Y) <\/b><\/h2>\n

This proposed class action challenges DHS\u2019s termination of its 2022 deferred action program for young people in Special Immigrant Juvenile Status (SIJS-DA), which provided them with deportation protection and eligibility for work authorization while awaiting visas.<\/span><\/p>\n

On Nov. 19, Judge Komitee <\/span>granted<\/span><\/a> partial preliminary relief and a \u00a7 705 stay of DHS\u2019s rescission of the SIJS-DA program, holding that the plaintiffs are likely to succeed on their claim that the rescission was arbitrary and capricious where USCIS failed to consider serious reliance interests and reasonable alternatives, and relied instead on <\/span>post hoc<\/span><\/i> litigation rationales not found in the administrative record. The court wrote:<\/span><\/p>\n

\u201cUSCIS failed to consider reliance interests and reasonably obvious alternatives<\/b> here, likely rendering its <\/span>decision to rescind SIJS-DA arbitrary and capricious<\/b>. \u2026<\/span><\/p>\n

First<\/span><\/i>, an agency <\/span>must always consider serious reliance interests, even when it concludes an earlier policy was unlawful.<\/b> \u2026<\/span><\/p>\n

While USCIS may ultimately conclude that \u2018reliance interests in benefits that it views as unlawful are entitled to no or diminished weight,\u2019 \u2026 it must still consider them. And it failed to consider reliance on SIJA-DA. \u2026<\/span><\/p>\n

Second<\/span><\/i>, Plaintiffs have identified <\/span>reliance interests that USCIS made no attempt to contend with<\/b>. \u2026\u00a0<\/span><\/p>\n

The government does not claim that it considered these – or any other – reliance interests. \u2026 It argues only that it did not have to. \u2026 In the government’s view, any reliance interests were <\/span>per se<\/span><\/i> unreasonable because SIJS-DA had only existed for three years, was temporary, and was subject to a change in executive priorities. \u2026 Once more, <\/span>Regents<\/span><\/i> forecloses this argument.<\/span><\/p>\n

Furthermore, the government points to no part of the administrative record to support its argument about petitioners’ reliance interests. Nowhere in either of the USCIS memos does the agency say there are no serious reliance interests at stake. Indeed, the word \u2018reliance\u2019 never appears in the two USCIS documents. And a court \u2018cannot affirm <\/span>based on a post hoc litigation rationalization pressed by agency counsel.\u2019 \u2026 USCIS’s failure to consider serious reliance interests was likely arbitrary and capricious.<\/b><\/p>\n

USCIS’s omission to consider alternatives to rescinding the 2022 Policy Alert in its entirety was also likely arbitrary and capricious<\/b> under <\/span>Regents<\/span><\/i>. \u2026<\/span><\/p>\n

\u2018[I]n rescinding a prior action, an agency cannot simply brand it illegal and move on.\u2019 \u2026 <\/b>Rather, it first must consider reliance interests and alternatives. \u2026 Because USCIS failed to do so, its rescission of SIJS-DA was likely arbitrary and capricious.\u201d (citations omitted) (emphasis added).<\/span><\/p><\/blockquote>\n

68. Judge Katherine Polk Failla (Obama appointee), <\/b>Doe v. Noem<\/i><\/b><\/a>, 1:25-cv-08686 (S.D.N.Y.)<\/b><\/h2>\n

Executive Action<\/b>: DHS Revocation of Temporary Protective Status (TPS)\u00a0<\/span><\/p>\n

This case involves a proposed class action challenge to the Department of Homeland Security\u2019s (DHS) decision to terminate Syria\u2019s Temporary Protected Status (TPS) designation on 60 days\u2019 notice, alleging violations of the TPS statute, the Administrative Procedure Act, and the Fifth Amendment\u2019s equal-protection guarantee.<\/span><\/p>\n

On Nov. 19, Judge Failla <\/span>granted<\/span><\/a> in part the plaintiffs\u2019 motion for a preliminary injunction and, pursuant to Section 705 of the APA, postponed DHS\u2019s termination of TPS for Syrians (set to go into effect on Nov. 21) pending further order, reportedly <\/span>finding<\/span><\/a> the plaintiffs likely to succeed on their claims that, <\/span>inter alia<\/span><\/i>, the termination was arbitrary and capricious.<\/span><\/p>\n

Delivering her reasoning from the bench, Judge Failla reportedly <\/span>stated<\/span><\/a> that plaintiffs had \u201cpresented a wealth of evidence\u201d of impropriety and error surrounding the TPS terminations for Syria and other countries; criticized Secretary Kristi Noem for <\/span>\u201ctaking a hatchet to the TPS system\u201d<\/b> rather than following statutory procedures; concluded that \u201cthis court <\/span>cannot find the secretary engaged in a good faith and objective review<\/b> of country conditions in Syria;\u201d and observed that the Syria termination appeared part of a coordinated effort to end TPS designations, with \u201ccoordinated\u201d rationales, \u201cvirtually identical\u201d procedural errors, and terminations \u201cof a piece with a stated policy to reduce immigrant populations\u201d (emphasis added). \u201cOn this record, it confounds logic that as to a group of disparate countries with disparate bases of designation in different parts of the world, that in a few months, all of them could resolve troubles that were so severe as to warrant TPS designation in the first instance, and have them … immediately resolved, such that termination is appropriate for all of them,\u201d Judge Failla reportedly <\/span>said<\/span><\/a>, adding, \u201cAnd that is because that is not the case.\u201d<\/span><\/p>\n

 <\/p>\n

– – – – – – – – – –<\/p>\n

Table of Updates: Updates in the November 2025 Edition<\/b><\/p>\n

This edition includes the following updates to the Presumption of Regularity report:<\/span><\/p>\n

1. New Cases Added<\/b><\/h3>\n

Chapter 1 (Noncompliance with Court Orders)<\/span>:<\/span><\/p>\n