Democracy & Rule of Law: Global & Domestic | Just Security https://www.justsecurity.org/category/democracy-rule-of-law/ A Forum on Law, Rights, and U.S. National Security Mon, 19 Jan 2026 14:01:07 +0000 en-US hourly 1 https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2021/01/cropped-logo_dome_fav.png?fit=32%2C32&ssl=1 Democracy & Rule of Law: Global & Domestic | Just Security https://www.justsecurity.org/category/democracy-rule-of-law/ 32 32 77857433 On Martin Luther King Jr. Day, Let Not Arrogance Be Our Doom https://www.justsecurity.org/129045/mlk-jr-day-on-arrogance/?utm_source=rss&utm_medium=rss&utm_campaign=mlk-jr-day-on-arrogance Mon, 19 Jan 2026 14:01:07 +0000 https://www.justsecurity.org/?p=129045 With humility and our collective morals and values, we must extinguish the flames of hubris in US foreign and domestic policy, or "our arrogance will be our doom."

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In his 1961 farewell address, President Dwight D. Eisenhower asked the American people be strong in their faith that “all nations would reach peace with justice.” He requested further that our country be “unswerving in devotion to principle, confident but humble with power, diligent in pursuit of the Nation’s great goals.” Understanding the vast power at the disposal of the strongest military the world had ever known, the former five-star general of World War II and president made a point with his final words in office, calling on his fellow countrymen to understand the dangers such strength creates without an adherence to collective morals and values.

Arrogance, the antithesis of that humility, is pernicious. It spreads like wildfire, consuming everything around it and leaving in its destructive wake the smoldering ash of relationships, friendships, and partnerships. Its bellowing smoke clouds vision, isolating and insulating individuals and organizations from constructive criticism and innovative thought. In the private sector, arrogance may yield short-term gains but is ultimately disastrous for sustained success. To phrase it more succinctly, if you’re lucky, you might get rich, but it will never make you truly wealthy.

In the public sector, the impacts of arrogance are more egregious, with consequences rippling across communities, academia, cultures, ethnicities. When viewed further through the lenses of national security and foreign policy, the effects can be cataclysmic: families destroyed, lives lost. These ramifications may last for years, if not generations, eroding trust in institutions, safety within communities, and confidence between allies. For instance, according to a Gallup poll in May 2025, 69 percent of adult Americans have little to no trust that the government works in the best interest of society.

On this day dedicated to his memory, we recall the words of Rev. Dr. Martin Luther King, Jr., who, like Eisenhower, spoke of humility and of arrogance. He viewed the U.S. government’s overconfidence as a blight founded in hypocrisy, staining the character of the nation and its citizens. During his April 1967 address in support of ending the Vietnam War and in the shadow of segregation, King delivered this message with blunt elegance:

…But honesty impels me to admit that our power has often made us arrogant.

We are arrogant in our contention that we have some sacred mission to protect people from totalitarian rule while we make little use of our power to end the evils of South Africa and Rhodesia, and while we in fact support dictatorships with guns and money under the guise of fighting communism.

We often arrogantly feel that we have some divine, messianic mission to police the whole world. We are arrogant, as Senator Fullbright has said, to think ourselves “God’s avenging angels.” We are arrogant in not allowing young nations to go through the same growing pains, turbulence and revolution that characterized our history.

We are arrogant in professing to be concerned about the freedom of foreign nations while not setting our own house in order. …Our arrogance can be our doom.

Fifty-nine years later, this theme remains salient as a foundational thread within national security and foreign policy. Recent events do not simply mimic the maelstrom of domestic and international turmoil in King’s era but are deeply committed reenactments of those same egotistical decisions across multiple areas of policy.

As concerns rise about the dawn of a budding technocracy, federal guardrails meant to ensure the least harm possible from emerging technologies are currently all but nonexistent. Thus far, the Trump administration has declined to close the gap, stating: “To win, United States AI companies must be free to innovate without cumbersome regulation.  But excessive State regulation thwarts this imperative.” State legislatures are attempting to fill the vacuum, but in doing so they create an inconsistent tapestry of regulation that is difficult for any person or group working in multiple jurisdictions (as almost all today are) to navigate. In the meantime, unchecked AI tools are currently used in an array of nefarious activity from housing redlining to the generation of pornography, including content involving children. Contrary to the government’s purported belief that a self-regulated industry will do the least harm, historical evidence shows that strong public governance in coordination with industry provides the best outcomes.

In foreign affairs, the United States’ capture of Venezuelan President Nicolás Maduro, and its claims of responsibility for the governance and oil of the country, is yet another chapter in American nation-building. The government conducted the removal while the Maduro regime remained in power, despite assurances that this type of interventionism would never happen again. Instead, coupled with multiple Venezuelan operations leading up to the Maduro raid, in the last year alone the United States has conducted airstrikes in Yemen, Syria, Nigeria, Somalia, and Iran with more likely to come. The current overarching U.S. foreign strategy is steeped in American exceptionalism, nationalism, and power projection, and evokes the bravado consistent with the historic critiques of the American military as a “world police force.” It is a call back to King’s remarks on the government’s internal perception of itself as “God’s avenging angels” with everything to teach and nothing to learn.

Domestically, the use of Immigration and Customers Enforcement (ICE) in widespread roundup operations – reportedly to capture “the worst criminal” noncitizens – has led to the erroneous arrests and deportation of individuals with a valid, legal status, including U.S. citizens. Inspections of facilities have declined as detention rates and deaths in custody have steadily risen according to a new report from the Project on Government Oversight (POGO), based on the 2025 data provided by Homeland Security. A number of those arrests have been conducted without warrants or probable cause, in violation of the individuals’ constitutional rights. Human rights groups reported detainees have been held in substandard conditions – such as those found in the notorious “Alligator Alcatraz” Floridian detention facility – akin to the conditions the United States often condemned as inhumane in other countries. In another instance, the government has reopened arguably unhealed wounds, utilizing the former site of a World War II Japanese internment camp to house immigrants. That facility was recently the site of an immigrant detainee’s death that the medical examiner is reportedly likely to  classify as a homicide.

Additionally, ill-prepared and trained ICE agents with limited background checks have engaged citizens, in what some former senior ICE officials and experts have identified as violations of agency procedures and conduct, sometimes with violent and fatal results. Images of these events draw comparisons to civil unrest abroad and harken back to memories of King’s civil rights era: military-style uniforms and masks similar to those used in Venezuela by the Special Action Forces (FAES) and Iranian security forces; regular use of smoke and gas grenades; deaths of unarmed civilians; and the detention of legal bystanders who speak up.

Alongside these events, the United States’ recent pressure and threats against longstanding NATO allies over desires to acquire Greenland sent diplomatic shockwaves through Western stability. The U.S. has long maintained a base on the island that is currently being expanded under previously agreed-to terms. Approximately 150 American service members are stationed at Pituffick Space Base in Greenland alongside hundreds of Canadian, Danish, and Greenlandic troops. The territory’s government stated the U.S. military could have easily expanded its footprint with the support of both Denmark and Greenland’s governments. Instead, the Trump administration’s offer to buy the autonomous territory outright and a rumored plan to pay citizens directly have been rebuffed by the government. Polling indicates both citizens of Greenland and the United States are against it. This aligns directly with King’s warning: “We [The U.S. government] feel that our money can do anything.”

Still, tensions around this issue persist. “Nobody’s going to fight the United States militarily over the future of Greenland,” Senior White House Advisor Stephen Miller defiantly proclaimed during a national news interview. He refused to discuss the potential use of force to acquire the territory even if Greenlandic officials continue to reject U.S. conservatorship. Now, numerous leaders within the European Union and Parliament have strongly condemned U.S. official statements on the issue, and allied soldiers recently deployed to conduct military exercises on the island. On Jan. 17, President Donald Trump announced tariffs beginning Feb. 1 against several NATO countries supporting Greenland with a June 1 deadline to increase percentages to 25 percent if the territory wasn’t sold to the United States by that time.

With all the evolving challenges facing the United States, a fundamental question exists: What type of citizen of the global community does America want to be, and what values define our country? The United States has never been able to achieve any strategic victory alone, yet now it dives deeper into isolation. We do this while leveraging the same tactics used by those we removed from power, labeling them dictators against democracy. How is that “peace through strength”?  Strategic bombings of authoritarian regimes in support of civic upheaval while, domestically, unnamed masked agents conduct sweeping raids, threatening lawful citizens with arrest, will not achieve Eisenhower’s “peace with justice.”

In his closing remarks from that storied speech, King spoke of hope through his own patriotism and love of country.

Let me say finally that I oppose the war in Vietnam because I love America. I speak out against it not in anger but with anxiety and sorrow in my heart, and above all with a passionate desire to see our beloved country stand as the moral example of the world…

The U.S. government, through a constitutional structure of checks and balances in equal branches of government, is inherently imperfect. The Constitution’s preamble immediately references the mission of creating “a more perfect Union” as its guiding principle. The document has required 27 amendments throughout the 237 years since its 1788 ratification. Yet, in that imperfection we have remained resilient, maintaining the promise of hope for all those who dream of a better future. We always strive to be more perfect, to be better.

The actions of the U.S. government – all within the first year of the administration’s term – do not embody the “shining city upon a hill” or invoke the pride of the words captured in “The New Colossus,” etched in bronze on the side of our international symbol of freedom:

…cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!

Instead, these acts are materials in the construction of a house of hubris, and this house – our house – is on fire. With humility and our collective morals and values we must extinguish the flames, or “our arrogance will be our doom.”

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The New Civil Rights “Backstop”: How DAs and AGs Can and Must Investigate ICE Abuses https://www.justsecurity.org/129071/federalism-civil-rights-excessive-force-prosecutions/?utm_source=rss&utm_medium=rss&utm_campaign=federalism-civil-rights-excessive-force-prosecutions Mon, 19 Jan 2026 13:41:38 +0000 https://www.justsecurity.org/?p=129071 The new role for state and local law enforcement authorities in prosecuting criminal violations of Americans' civil rights.

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In May 1999, then-Deputy Attorney General Eric Holder testified before the Senate Judiciary Committee about the nobility and necessity of federal, state, and local officials who stand up for the civil rights of all of us. His testimony focused on federal criminal civil rights laws, those laws that criminalize law enforcement misconduct, trafficking, and offenses motivated by hate. Like so many other areas of criminal law, federal, and state governments each have independent jurisdiction to investigate and prosecute most criminal civil rights crimes, and each have independent but overlapping responsibilities. Under the dual sovereignty doctrine, both can even prosecute the same underlying conduct without violating the Constitution’s Double Jeopardy Clause.

Holder spoke about how, when values are shared, there are great benefits of concurrent state and federal criminal jurisdiction, the “most important” one being “the ability of state and federal law enforcement officials to work together as partners in the investigation and prosecution of serious crimes.” Working together reinforces for the public the principles of equal treatment under law and that those exercising government power and force – including deadly force – must be held accountable when they don’t meet minimum standards of decency and restraint. Working together also reinforces the idea that all of us, united and regardless of the past and historical divisions from where we come, support dignity and fair treatment for everyone. Holder recounted successful civil rights enforcement partnerships of state and federal law enforcement in South Carolina, Georgia, and Indiana. And he described a Memorandum of Understanding between the National District Attorneys Association and the Department of Justice that embodied the spirit of unity and why it’s so important. He said –

The MOU is intended to foster a more cooperative approach by local, state and federal authorities in the investigation and prosecution of color of law and hate crimes cases. It requires early communication among local, state and federal prosecutors to explore the most effective way to investigate these cases and to utilize the best investigative resources or combination of resources available. There are many benefits to such an approach: it encourages the use of coordinated or joint local, state and federal investigations in those instances where coordinated or joint investigation is in the best interest of justice; it decreases time delay between local, state and federal authorities about these important cases; and it increases public confidence in the criminal justice system. It is this type of cooperative effort, endorsed by the Department of Justice and the National District Attorneys Association, that maximizes all of our law enforcement capabilities in these important cases.

From Cooperation to Disunity

Unfortunately, division is a foundational part of our country’s history, and, accordingly cooperative law enforcement is not the norm, especially around civil rights. In fact, any fair reading of American history shows that working together in the enforcement of civil rights has been the rare exception.

In Arizona v. Manypenny, the federal courts upheld a state conviction of a border patrol agent for shooting a Mexican man. The Manypenny case is particularly instructive.

And now, over the last weeks and months, that division has been forcefully exploited and reasserted by the Trump Administration. There will be no cooperation, for example, between federal and Minnesota law enforcement in the investigation of the ICE agent who killed Renee Good. There will be no federal civil rights investigation at all. Given what we know already, this has led not just to outrage from many career prosecutors in the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office in Minnesota, but to outright resignations.

From the time of its enactment in 1866, the Civil Rights Act, the basis for 18 U.S.C. § 242, the law under which federal authorities investigate and prosecute excessive force incidents by those acting “under color of law” has been controversial and has raised federalism and many other concerns. In years past, federal prosecution was seen by many who were dubious of civil rights laws in the first place as an encroachment on state sovereignty. A political and pragmatic compromise was forged over time, with the Justice Department adopting what it called a “backstop policy” for criminal civil rights investigations. Under the policy, when state or local authorities undertake a “good faith” investigation into an act of possible law enforcement misconduct of a hate crime, the Justice Department defers to such investigation and foregoes its own involvement. As Holder explained it to the Judiciary Committee –

. . . the Department works with state and local officials and would generally defer prosecution in the first instance to state and local law enforcement. Only in highly sensitive cases in which the federal interest in prompt federal investigation and prosecution outweighs the usual justifications of the backstop policy would the federal government take a more active role. Under this policy, we are available to aid local and state investigations as they pursue prosecutions . . . Under this policy, we are also in a position to ensure that, in the event a state cannot or will not vindicate the federal interest, we can pursue prosecutions independently.

For many, the backstop policy was at least partially a copout and a failure. Despite many heroic federal civil rights prosecutions (full disclosure: I prosecuted criminal civil rights cases in the Criminal Section of the Civil Rights Division for five and a half years), during the post-Reconstruction era, the era of Jim Crow, and even to today, many critics believe there has been insufficient federal assertion of its constitutional responsibility to oversee state and local law enforcement and ensure that the principles of the 14th Amendment – that no person should be denied life or liberty by those acting under color of law without due process of law – were upheld.

But whether federal enforcement was sufficient or not in practice, there is no denying that federalism and the basic post-Civil War constitutional structure – a system of divided and shared power between the federal and state governments – can serve as a force, albeit perhaps inadequate, pushing back against abuses of power by one part of our government or too much power accumulating in one level of it. When power is abused in federal, state, or local government, federalism provides paths for other levels of government to address the underlying problems such as civil rights deprivations, sometimes through criminal investigation and prosecution and sometimes through other means.

Many times, those paths and the pushback of one governmental entity against another lead to unsatisfying results, such us in recent years when fatal police shootings that seem to many to be excessive do not lead to convictions. But serving as a backstop and investigating allegations of misconduct, even when ultimately not fully satisfying, serves as a check. It provides, at a minimum, some affirmation of the values of justice and fairness, and as resistance to the abuse of power. It is a critical feature of our constitutional order, even when only partially successful.

State and Local Law Enforcement Authorities As the New Backstop, albeit with many challenges

Federal and state roles in the protection of civil rights have, in many ways, now reversed. Federal law enforcement is carelessly and recklessly violating rights. It is projecting both the President’s quest for power and his desire to punish those who disagree with him. At the same time, federal civil rights enforcement is being methodically eliminated. When all this happens, there is an imperative for state and local officials to serve as a new backstop; to respond and investigate allegations of federal and local misconduct.

As is true when the federal government acts as a civil rights backstop, state and local action here will be difficult and may not be wholly satisfying either, especially when reviewing federal law enforcement action. State and local prosecutors face serious constitutional and practical obstacles to bringing criminal cases against federal officials who violate state law. An important one is American federalism itself, which defines the delicate balance of federal and state authority. Fundamental to the boundaries of authority is the Supremacy Clause of Article VI. It establishes that that federal laws are the “supreme Law of the Land” and take precedence over conflicting state laws. It ensures that the national government’s legitimate powers can be exercised without interference from state governments. And it has meant that legitimate acts of federal officials cannot be prosecuted under state law. That architecture has served important values. It is why federal marshals could not be prosecuted for trespassing or other state crimes under Mississippi law for escorting James Meredith to register as the first African-American to attend the University of Mississippi. The same principal applies equally when federal officials use force, including deadly force. In 1890, in In re Neagle, 135 U.S. 1 (1890), the Supreme Court held that a federal marshal was immune from state prosecution for actions necessary to protect a Supreme Court justice’s life. The marshal shot and killed a man who attacked the justice. The Court ruled that because the shooting was within the marshal’s federal duties, he was immune from state prosecution.

But the Court also made clear that when a federal official’s actions are not “necessary and proper” to fulfilling official responsibilities, the possibility of state prosecution remains. Drawing the line between legitimate federal law enforcement use of force – necessary and proper to fulfill law enforcement responsibilities – and illegitimate and excessive use of force can be difficult. Sometimes it requires frame-by-frame analysis. It is part of finding the right balance of federalism and the rule of law, one that maintains the legitimacy and public trust in our constitutional order. It’s what makes this kind of backstop work difficult and often unsatisfying. And if recent Court decisions are any guide, we can be fairly certain that this Supreme Court will guard the constitutional boundaries surrounding the President and presidential power very carefully.

The same federal courts that have recognized that federal officials are insulated from state prosecution for the legitimate and reasonable exercise of federal law, though, have also clearly recognized that state criminal law provides an important check against the abuse of power by federal officials acting outside the scope of their authority. There is a long history of state action against federal officials who act outside their legitimate authority and violate the civil rights of those in this country. The Supreme Court has also made clear that “[a]n employee of the United States does not secure a general immunity from state law while acting in the course of his employment.”

 In the 1879 case of Tennessee v. Davis, a federal revenue collector was charged with state murder, in an incident that occurred while enforcing federal revenue laws and seizing equipment used in illicit distilleries. The revenue collector claimed he was assaulted and fired upon by a number of armed men, and that he returned fire only in self-defense. The Supreme Court allowed the case to proceed – though, in terms of venue, for the trial to be removed to federal court under a removal statute that still exists in form today. More than a hundred years later in Mesa v. California, in 1989, the Supreme Court allowed a postal worker to be prosecuted in California state court for manslaughter after the mail truck she was driving collided with and killed a bicyclist. Also in the 1980s, in Arizona v. Manypenny, the federal courts upheld a state conviction of a border patrol agent for shooting a Mexican man.

The Manypenny case is particularly instructive.

The agent, William Manypenny, was on duty near the Arizona/Mexico border, patrolling federal land in Pima County, Ariz. Manypenny and his partner, in plain clothes, confronted three Mexican men who were traveling north. The partner ordered the men to stop. One of the men turned and ran back south toward the border. Manypenny shouted for the man to stop. When he didn’t, Manypenny fired his shotgun three times in the man’s direction, hitting him in the upper spine, severing the spinal cord and leaving him a quadriplegic. Manypenny was later indicted, under Arizona law, for assault with a deadly weapon for shooting the man. A jury convicted him, but the trial judge set aside the conviction. The State of Arizona appealed, and after the Supreme Court approved of the appellate procedure, the court of appeals held that the judge’s entry of judgment of acquittal was error and reversed it.

Throughout American history, cooperative state-federal enforcement of civil rights has been the exception rather than the rule. More often, the Justice Department faced resistance to robust civil rights enforcement by the states, and through the Civil Rights Division had to step in as the backstop to ensure a proper response to the abuse of power by law enforcement. Now, the states face resistance from the Justice Department to legitimate and robust civil rights enforcement. Occasionally in the past, state and local authorities have stepped in when federal officials, under color of their authority, committed acts beyond that authority. Such investigations and prosecutions are rare in part because state authorities must show that they are not prosecuting federal officials who are carrying out their duties in good faith but rather are prosecuting because those officials engaged in unlawful conduct under the guise of federal law enforcement.

The capacity and willingness of state and local prosecutors to act, not in contravention of legitimate federal interests, but in defense of their citizenry when federal actors exceed their legal bounds, is not only consistent with the structure of American government but vital to it. Such efforts serve to ensure that the law applies equally to all, regardless of office, and are a fundamental safeguard of public confidence in the administration of justice. It is a feature of federalism.

 The Role of Civil Society

With the dramatic expansion of ICE and the limited vetting and training of new agents being deployed around the country, oversight is critical. The actions of the Trump administration mean that such oversight is now left largely to state and local government action. But our circumstances also demand something of the rest of us. We need to support those state and local officials who are taking up this new responsibility. The Trump administration has already resisted any cooperation with state and local officials examining federal enforcement in the case of Jonathan Ross; it has refused to share information and evidence about the shooting of Good with Minnesota officials. It will also undoubtedly retaliate against those local officials who examine federal enforcement in ways that are themselves abuses of power. We cannot ask state officials to put themselves in the line of the administration’s fire if we are not prepared to back them up.

 In that vein, I recently worked with members of the American Bar Association’s Criminal Justice Section to develop a resolution that “recognizes both the necessity of protecting legitimate federal functions and the equally compelling obligation to ensure that federal authority is not abused.” It publicly supports state and local officials who initiate the kind of difficult investigations of federal law enforcement accused of abuse. As the ABA report accompanying the resolution states, “[u]pholding the rule of law and public rights sometimes requires principled action by state and local authorities, free from political or institutional pressure, to hold all officials – federal or otherwise – accountable before the law.”

This resolution encourages appropriate action by state and local prosecutors to fill any accountability gaps when federal officers act outside the limits of their lawful authority and commit crimes under state law. In so doing, it affirms a commitment to a government of laws, where checks and balances are preserved, and where no person is above accountability. It is a small gesture of support to the men and women in the offices of Attorneys General and District Attorneys across the country who will courageously step in to protect all of our rights. We need to find other ways to support them.

AGs, DAs, and other state officials also must extend their oversight and pushback to excessive force beyond just criminal investigations and prosecutions. As Samantha Trepel indicated in an earlier essay in these pages, because of the challenges of criminal prosecutions of federal officials, states should – and are – pursuing creative methods to, at the very least, document perceived abuses. Governor JB Pritzker of Illinois created the Illinois Accountability Commission, “which aims to gather evidence of potentially unlawful conduct by federal agents, to support referrals to investigative agencies,” and make recommendations for changes to existing laws to better protect state residents. Other states and cities have created online portals that residents can use to report misconduct by federal agents (e.g., Minnesota). And more can be done. It’s all part of a necessary response to an excessively aggressive federal law enforcement deployment across the country, one that threatens the civil rights of so many, and one that federalism demands the hard work of our AGs, DAs, and all of us.

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Litigation Tracker: Legal Challenges to Trump Administration Actions https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/?utm_source=rss&utm_medium=rss&utm_campaign=tracker-litigation-legal-challenges-trump-administration Fri, 16 Jan 2026 12:00:19 +0000 https://www.justsecurity.org/?p=107087 A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.

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This living, searchable resource tracks legal challenges to Trump administration executive actions. If you think we are missing anything, you can email us at lte@justsecurity.org. The Tracker is part of the Collection: Just Security’s Coverage of the Trump Administration’s Executive Actions.

For important litigation updates delivered to your inbox at the end of every weekday, sign up for “Today on Just Security,” a weekday newsletter that also includes our articles from the day. Readers may also be interested in signing up for our free Early Edition roundup of global and national news each workday morning. (Both sign-ups are free and we respect your privacy; your email address is only used to send you the requested email). If you would like to help support our efforts, we appreciate donations of any amount, as it takes a village to produce this work.

Total number of cases currently tracked: 585.

+Tracker Totals: Overall Case Status Snapshot

+Methodology: What’s included in our tracker? What's excluded?

Case NameFilingsDate Case FiledState A.G.'sCase StatusIssueExecutive ActionLast Case UpdateCase SummaryCase Updates
National Association of the Deaf v. Trump (D.D.C.)

1:25-cv-01683

Complaint

2025-05-28Government Action Temporarily BlockedCivil Liberties and RightsAccessibility2025-11-04

In January 2025, the Trump administration stopped providing ASL interpreters at public press briefings and other similar events. The federal government had provided ASL interpretation for all coronavirus press briefings following a court order in October 2020 and began voluntarily providing interpretation services at all press briefings by key administration officials in January 2021.

The National Association of the Deaf (NAD), a civil rights organization, and two members of NAD are suing President Trump, Susan Wiles, the White House Chief of Staff, Karoline Leavitt, the Press Secretary to the President, and a number of offices within the White House to challenge the decision to stop providing ASL interpretation. Plaintiffs argue that without such services, deaf and hard of hearing individuals are unable to meaningfully access federal government programs and services or participate in American society. Plaintiffs claim that Defendants are violating the Rehabilitation Act of 1973, which prohibits executive agencies from discriminating against individuals with disabilities when conducting any program or activity. Plaintiffs also allege that Defendants are violating the First Amendment, arguing that freedom of speech includes the right to receive information and that this deprivation impinges on their ability to petition the government. Plaintiffs further argue that the Fifth Amendment is violated because Plaintiffs are being denied equal protection under the law by being treated differently and because the Plaintiffs’ fundamental rights under the First Amendment are being impinged upon. Plaintiffs seek preliminary and permanent injunctive relief requiring Defendants to provide ASL interpreters at press briefings and other similar events. They also seek a court declaration that Defendants are violating the Rehabilitation Act and the First and Fifth Amendments.

Update 1: On November 4, Judge Ali granted plaintiffs’ motion for a preliminary injunction in part, ordering the administration to provide a simultaneous and publicly accessible feed with American Sign Language (“ASL”) interpretation for “all publicly announced White House press briefings conducted by the President or White House Press Secretary that are captured by White House communication channels.” The court found that the administration’s decision to end ASL interpretation likely violated the Rehabilitation Act, which prohibits excluding people with disabilities from participation in, denying them benefits of, or discriminating against them in Executive agency programming. The court did not grant the plaintiffs’ request to require ASL interpretation for Vice President, First Lady, or Second Lady press briefings or events and that interpretation be provided for all videos on the White House website and social media pages.

Perkins Coie LLP v. U.S. Department of Justice (D.D.C.)

1:25-cv-00716

Complaint

Amended Complaint

2025-04-29

2025-03-11Government Action BlockedCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-10-08

On Mar. 6, President Trump issued an executive order (EO) accusing the law firm Perkins Coie LLP of undermining democracy and maintaining illegal race-based hiring quotas. The executive order directs various agencies to impose sanctions against the firm, including: terminating the firm’s government contracts; suspending employees’ security clearances pending a national-security review; ordering a review of the firm’s hiring practices by the Equal Employment Opportunity Commission; limiting employees’ access to federal buildings; and directing agencies not to hire Perkins Coie employees. The Plaintiff sued on Mar. 11, alleging that the executive action is unconstitutional, violating separation of powers, the First Amendment’s protections for freedom of speech and association, the Fifth Amendment’s Due Process Clause, the Fifth and Sixth Amendment’s right to counsel, and the Fourteenth Amendment’s Equal Protection Clause. They seek a declaratory judgment that the order is unconstitutional and an immediate injunction stopping implementation of the order pending court review, followed by preliminary and permanent injunctions. The Plaintiff also submitted a request for a temporary restraining order and a proposed order that enjoined only Sections 1 (Purpose), 3 (Contracting), and 5 (Personnel including access to Federal Government buildings) of the executive order.

Update 1: On Mar. 12, Judge Beryl Howell, ruling from the bench, granted Perkins Coie’s request for a temporary restraining order to block Sections 1, 3, and 5 of the executive order. During the hearing, she reportedly noted that the Plaintiff had not requested the TRO apply to Section 2 (Security Clearances) and Section 4 (Racial Discrimination) of the executive order, although those sections are also part of the lawsuit. She followed hours later with a written order.

Update 2: On Mar. 21, the Defendant filed a motion to disqualify the judge. On Mar. 26, the court denied the motion.

Update 3: On Apr. 2, Perkins Coie filed a motion for summary judgment and requested the court to permanently block Defendants from enforcing the EO. Perkins Coie argues the Court should declare the EO unlawful for violating the First, Fifth, and Sixth Amendments to the Constitution, exceeding the President’s constitutional authority under Article II, and violating the separation of powers. On that same day, the DOJ filed a motion to dismiss Plaintiffs’ complaint, arguing that the EO directs the review of Perkins Coie to ensure that the Federal Government’s dealings with the firm are consistent with national security and other public interests. Defendants also filed a motion to reconsider the scope of the TRO granted on Mar. 12, arguing it is overly broad because the United States is not a proper defendant.

Update 4: On Apr. 16, Perkins Coie filed its opposition to the DOJ’s motion to dismiss, emphasizing the retaliatory nature of the EO. On that same day, the DOJ filed its opposition to Perkins Coie’s motion for summary judgment, instead requesting the court grant its motion to dismiss.

Update 5: On Apr. 18, the DOJ replied to Perkins Coie’s opposition to its motion to dismiss, asserting Perkins Coie’s conduct is subject to reasonable scrutiny and that the court is not the proper recourse for Perkins Coie’s concerns. On that same day, Perkins Coie replied to the DOJ’s opposition to its motion for summary judgment, emphasizing its view that the EO is “blatantly unconstitutional” and requesting the court grant its summary judgment motion on all claims.

Update 6: On Apr. 29, Perkins Coie amended its complaint to list all of the defendants and their addresses.

Update 7: On Apr. 30, the Fannie Mae defendants were voluntarily dismissed in a notice by Perkins Coie. On that same day, Perkins Coie filed a motion for summary judgment and the DOJ renewed its motion to dismiss and requested expedited judgment.

Update 8: On May 2, Judge Howell held that the EO violates the law and is invalid. Specifically, Judge Howell held that the EO violates the First, Fifth, and Sixth Amendments and permanently enjoined the DOJ from implementing, enforcing, or using statements from the EO in any way. Judge Howell granted Perkins Coie’s motion for summary judgment and declaratory relief and denied the DOJ’s motion to dismiss.

Update 9: On May 20, following Defendants’ motion to clarify Judge Howell’s May 2 summary-judgment and permanent-injunction order, Judge Howell confirmed the the permanent injunction as to Section 4 of the EO applies only to Plaintiff Perkins Coie and does not enjoin Defendants with respect to other law firms or the legal profession generally.

Update 10: On Jun. 30, the Department of Justice filed a notice of appeal in response to Judge Howell’s judgment and injunction blocking Executive Order 14230, which explicitly targeted law firm Perkins Coie. In her May 2 decision, Judge Howell ruled the Executive Order unconstitutional and condemned it as an “unprecedented attack” on the “foundational principles” of the judicial system.

Update 11: On Sept. 23, in this appeal and the related cases—Jenner & Block LLP v DOJ, No. 25-5265, Wilmer Cutler Pickering Hale and Dorr LLP v. EOP, No. 25-5277, and Susman Godfrey LLP v. EOP, No. 25-5310—the D.C. Circuit directed the parties to file, within 30 days, motions to govern further proceedings in light of potential duplicative briefing, including whether the cases should be held in abeyance, consolidated, or argued together, proposed briefing formats, and justifications for any separate or overlength briefs.

Update 12: On Oct. 8, following the government's Oct. 6 motion for a stay, the D.C. Circuit ordered that the government’s appeal—as well as in Jenner & Block LLP v DOJ, No. 25-5265, Wilmer Cutler Pickering Hale and Dorr LLP v. EOP, No. 25-5277 and Susman Godfrey LLP v. EOP, No. 25-5310–be held in abeyance pending further order of the court due to the government shutdown.

Jenner & Block v. Department of Justice (D.D.C.)

1:25-cv-00916

Complaint

2025-03-28Government Action BlockedCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-10-08

On Mar. 25, President Trump issued an executive order accusing Jenner & Block LLP of engaging in partisan representation, “support[ing] attacks against women and children based on a refusal to accept the biological reality of sex, and back[ing] the obstruction of efforts to prevent illegal aliens from committing horrific crimes and trafficking deadly drugs within our borders.” The executive order directs various agencies to impose sanctions against the firm, including: terminating the firm’s government contracts; requiring government contracting agencies to disclose any business they do with Jenner; suspending employees’ security clearances pending a national-security review; ordering a review of the firm’s hiring practices by the Equal Employment Opportunity Commission; limiting employees’ access to federal buildings; and directing agencies not to hire Jenner & Block employees. The Plaintiff sued on Mar. 28, alleging that the executive action is unconstitutional, violating separation of powers, the First Amendment’s protections for freedom of speech, petition, and association, the Fifth Amendment’s Due Process Clause, the Fifth and Sixth Amendment’s right to counsel, and the Fourteenth Amendment’s Equal Protection Clause. They seek a declaratory judgment that the order is unconstitutional and an immediate injunction stopping implementation of the order pending court review, followed by preliminary and permanent injunctions. Jenner & Block also submitted a motion for a temporary restraining order with proposed text, that enjoined only Sections 1 (Purpose), 3 (Contracting), and 5 (Personnel including access to Federal Government buildings) of the executive order. On the same day, the court held a hearing, and Judge John Bates granted the TRO.

Update 1: On Apr. 8, Jenner filed its motion for summary judgment on all claims, requesting a permanent injunction against the implementation of the EO. On the same day, the Department of Justice filed its motion to dismiss.
Update 2: On Apr. 17, Jenner filed its memorandum in opposition to the Department of Justice’s motion to dismiss. On the same day, the Department of Justice filed its memorandum in opposition to Jenner’s motion for summary judgment.

Update 3: On May 23, Judge John Bates issued an order and opinion granting Jenner & Block’s motion for summary judgment and denied the government’s motion to dismiss, declaring EO 14, 246 unlawful and “null and void” because it violates the First Amendment, and permanently enjoined the government from implementing or enforcing the order, directing agencies to rescind any steps taken under it and to resume ordinary dealings with the firm as if the order had never issued.

Update 3: On Jun. 2, Judge Bates denied the government’s request to amend or limit his May 23 summary judgment as to Section 1 of Executive Order 14, 246—reaffirming that agencies must rescind all implementation or enforcement of the order, including any use, consideration, or reliance on Section 1—but granted clarification as to Section 4, explaining that the injunctive relief under Section 4 runs only in favor of Jenner & Block LLP (and its affiliates, predecessors, successors, assigns, directors, officers, partners, employees, and agents).

Update 5: On Jul. 21, the Department of Justice appealed Judge Bates’ May 23 summary judgment to the D.C. Circuit.

Update 6: On Sept. 23, in this appeal and the related cases—Perkins Coie LLP v. DOJ, No. 25-5241, Wilmer Cutler Pickering Hale and Dorr LLP v. EOP, No. 25-5277, and Susman Godfrey LLP v. EOP, No. 25-5310—the D.C. Circuit directed the parties to file, within 30 days, motions to govern further proceedings in light of potential duplicative briefing, including whether the cases should be held in abeyance, consolidated, or argued together, proposed briefing formats, and justifications for any separate or overlength briefs.

Update 7: On Oct. 8, following the government's Oct. 6 motion for a stay, the D.C. Circuit ordered that the government’s appeal—as well as in Perkins Coie LLP v. DOJ, No. 25-5241, Wilmer Cutler Pickering Hale and Dorr LLP v. EOP, No. 25-5277, and Susman Godfrey LLP v. EOP, No. 25-5310–be held in abeyance pending further order of the court due to the government shutdown.

Wilmer Cutler Pickering Hale and Dorr v. Executive Office of the President (D.D.C.)

1:25-cv-00917

Complaint

2025-03-28Government Action BlockedCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-10-08

On Mar. 27, President Trump passed an executive order accusing the law firm Wilmer Cutler Pickering Hale and Dorr LLP of engaging in activities that undermine justice and the interests of the United States. The executive order directs various agencies to impose sanctions against the firm, including: suspending employees’ security clearances pending a national-interest review; terminating the firm’s government contracts to the extent permitted by law; and limiting employees’ access to federal buildings. The Plaintiff sued on Mar. 28, alleging that the executive action is unconstitutional. Specifically, the Plaintiff alleges that the order: (i) violates the First Amendment’s protections against retaliation for protected expression, prohibition against viewpoint discrimination, right to petition the government, and freedom of association; (ii) exceeds the President’s authority and interferes with federal courts’ Article III powers; (iii) violates the Fifth Amendment’s Due Process and Equal Protection clauses; (iv) violates the Fifth and Sixth Amendment’s right to counsel; (v) violates Article I of the Constitution. The Plaintiff seeks a declaratory judgment that the order is unconstitutional and an immediate injunction stopping implementation of the order pending court review, followed by preliminary and permanent injunctions.The Plaintiff also submitted a motion for a temporary restraining order with proposed text enjoining the executive order. On the same day, the court held a hearing, and Judge Richard Leon granted the TRO in the main part. He denied a TRO for section 2 of the EO restricting security clearances. The court wrote that the DC Circuit “has held that security clearance decisions are within the purview of the Executive Branch,” and thus the Plaintiff did not have a likelihood of success on the merits on that specific issue.

Update 1: On Apr. 8, Defendants filed a motion to dismiss the complaint. On the same day, Plaintiffs filed a motion for summary judgment. On Apr. 11, the states of New Jersey, Massachusetts, Illinois, Washington, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington, D.C. filed an amici curiae brief in support of Plaintiffs’ motion for summary judgment. On Apr. 17, Defendants filed their opposition to Plaintiffs’ motion for summary judgment. On the same day, Plaintiffs filed their opposition to Defendants’ motion to dismiss.

Update 2: On May 27, Judge Richard Leon dismissed with prejudice Plaintiffs' counts VIII (equal protection), IX (right to counsel) and XI (spending power), but granted summary judgment for Plaintiffs on the other eight counts.

Update 3: On July 25, the Trump Administration filed a notice of appeal to the D.C. Circuit, challenging Judge Leon’s summary judgment on May 27, which found Executive Order 14250, targeting WilmerHale, was unlawful and void.

Update 4: On Sept. 23, in this appeal and the related cases—Perkins Coie LLP v. DOJ, No. 25-5241, Jenner & Block LLP v DOJ, No. 25-5265, and Susman Godfrey LLP v. EOP, No. 25-5310—the D.C. Circuit directed the parties to file, within 30 days, motions to govern further proceedings in light of potential duplicative briefing, including whether the cases should be held in abeyance, consolidated, or argued together, proposed briefing formats, and justifications for any separate or overlength briefs.

Update 5: On Oct. 8, following the government's Oct. 6 motion for a stay, the D.C. Circuit ordered that the government’s appeal—as well as in Perkins Coie LLP v. DOJ, No. 25-5241, Jenner & Block LLP v DOJ, No. 25-5265, and Susman Godfrey LLP v. EOP, No. 25-5310–be held in abeyance pending further order of the court due to the government shutdown.

Susman Godfrey LLP v. Executive Office of the President (D.D.C.)

1:25-cv-01107

Complaint

2025-04-11Government Action BlockedCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-10-08

On Apr. 9, 2025, President Trump issued an Executive Order (EO) against Susman Godfrey, a Texas-based trial firm. The EO orders heads of executive agencies to suspend security clearances held by Susman employees. It also orders agencies to require government contractors to disclose any business with Susman and to review contracts with contractors that disclose doing so. It also requires agencies to terminate all contracts with Susman. Finally, the EO bars Susman employees from accessing federal buildings, limits the interactions of government personnel with Susman employees, and prohibits agencies from hiring Susman employees. Susman sued over 50 federal defendants to challenge the Order. Susman argues that it faces irreparable reputational and economic harm. Susman claims that the EO violates the First Amendment because it constitutes both government retaliation for the Firm’s engagement in protected speech and viewpoint discrimination. The Firm also alleges the EO violates its First Amendment right to petition the government and freedom of association. Susman additionally claims that the conditions placed on government contracts are in violation of the Spending Clause. Susman also argues that the EO violates the Fifth Amendment in multiple ways. It violates the Due Process Clause because of the absence of procedural due process and because the EO is unconstitutionally vague; it violates the right to counsel; and it violates equal protection rights. Finally, Susman argues that the EO is an ultra vires action that exceeds the President’s scope of authority as it violates the separation of powers. Susman requests the Court block the Defendants from implementing the EO and order them to cancel any guidance implementing the EO that has already been issued.

Update 1: On Apr. 14, Susman filed a motion for a temporary restraining order asking the court to block the enforcement of EO Sections 1 (Background), 3 (Contracting), and 5 (Personnel, including access to Federal Buildings). On Apr. 16, the court granted the temporary restraining order (TRO). On Apr. 16, this TRO was extended until final judgment is entered in the matter.
Update 2: On Apr. 23, Susman filed a motion for summary judgment and supporting memorandum in which it requested the court to permanently enjoin the Defendants’ implementation of the EO and declare the Defendants’ actions unlawful.
Update 3: On Apr. 30, Susman filed its opposition to Defendants’ motion to dismiss, emphasizing their actions constitute a “brazen defiance of the separation of powers and rule of law.” On that same day, Defendants filed their opposition to Susman’s motion for summary judgment, asserting the EO merely directs agencies to do their jobs and that Susman’s claims regarding access to agency buildings are unripe because the related EO section asks agency heads to provide guidance on Susman employee access instead of outright limiting said access.
Update 4: On May 5, Susman filed its reply memorandum in support of its motion for summary judgment, and Defendants filed their reply to Susman’s opposition to Defendants’ motion to dismiss.
Update 5: On May 12, Defendants filed their motion to dismiss Susman’s amended complaint, for the same reasons contained in their previous motion to dismiss. On that same day, Susman filed a motion for summary judgment, requesting that the court declare the EO unlawful and enjoin Defendants from implementing or enforcing the EO, for the same reasons contained in their previous motion for summary judgment.

Update 6: On June 27, Judge Loren Alikan granted the plaintiff’s motion for summary judgment for 8 of the 10 Counts (the two exceptions were a Spending Clause Count and a separation-of-powers Count), and issued a permanent injunction.

Update 7: On August 22, Defendants filed a notice of appeal to the United States District Court for the District of Columbia Circuit regarding Judge Alikan’s June 27 decision to grant Plaintiff’s motion for summary judgment.

Update 8: On Sept. 23, in this appeal and the related cases—Perkins Coie LLP v. DOJ, No. 25-5241, Jenner & Block LLP v DOJ, No. 25-5265, and Wilmer Cutler Pickering Hale and Dorr LLP v. EOP, No. 25-5277—the D.C. Circuit directed the parties to file, within 30 days, motions to govern further proceedings in light of potential duplicative briefing, including whether the cases should be held in abeyance, consolidated, or argued together, proposed briefing formats, and justifications for any separate or overlength briefs.

Update 9: On Oct. 8, following the government's Oct. 6 motion for a stay, the D.C. Circuit ordered that the government’s appeal—as well as in Perkins Coie LLP v. DOJ, No. 25-5241, Jenner & Block LLP v DOJ, No. 25-5265, and Wilmer Cutler Pickering Hale and Dorr LLP v. EOP, No. 25-5277–be held in abeyance pending further order of the court due to the government shutdown.

Doe et al v. EEOC (D.D.C.)

1:25-cv-01124

Complaint

Amended Complaint

2025-05-16

2025-04-15Awaiting Court RulingCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-06-26

On Mar. 6, 2025, President Donald Trump issued Executive Order (EO) No. 14230 titled “Addressing Risks from Perkins Coie LLP.” This EO directed the Chair of the Equal Employment Opportunity Commission (EEOC) to review the hiring practices of law firms for consistency with Title VII of the Civil Rights Act. On Mar. 17, 2025, Acting Chair of the EEOC Andrea Lucas sent letters to 20 law firms asking about DEI-related employment practices, including requests for personally identifiable information of lawyers employed by these firms and law students who had applied for positions. Plaintiffs are three current law school students who applied to work at some of the law firm recipients of these letters. They allege that much of the information requested is sensitive or confidential, and that their privacy will be harmed if law firms provide that information to the EEOC. Plaintiffs claim that Defendants’ sending these letters constitutes an ultra vires action that is outside of the EEOC’s authority because 1) the EEOC has started this investigation without a charge being filed, 2) the investigation is being conducted publicly, and 3) the EEOC lacked relevant quorum when issuing these letters. Plaintiffs also claim that Defendants acted in violation of the Paperwork Reduction Act. Plaintiffs request that the Court declare that sending the letters was an ultra vires action, order Defendants to withdraw the Mar. 17 letters, enjoin them from conducting investigations of law firms that do not meet Title VII requirements, and order them to return any information already collected pursuant to the letters and delete that information from their databases.

Update 1: On May 16, Plaintiffs amended their complaint to be a class action complaint for others similarly situated.

Update 2: On June 26, Judge Reggie Walton permitted extensions of time for Defendants to respond to Plaintiffs’ Amended Complaint and Motion for Summary Judgment. Additionally, Judge Walton denied Plaintiffs’ motion for class certification and did not otherwise stay the proceedings.

American Bar Association v. U.S. Department of Justice (D.D.C.)

1:25-cv-01263

Complaint

2025-04-23Government Action Temporarily BlockedCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-05-14

The ABA has been receiving grants since 1995 through the DOJ Office on Violence Against Women (OVW) to support programs designed to increase access to justice for survivors of domestic violence and sexual assault. On April 9, 2025 Defendant Blanche issued a memorandum entitled “Engagement with the American Bar Association” (Blanche Memo) imposing limits on DOJ employees’ engagement with the ABA and asserting that the DOJ can withhold funds from the ABA due to disagreements with ABA actions, including litigation against the Administration on issues “contrary to the federal government’s policies.” On April 10, DOJ terminated all of ABA’s OVW grants, citing a change in “agency priorities.” On April 23, the ABA filed suit, contending that this action was taken in retaliation against the ABA for taking positions that the current Administration disfavors. Plaintiffs allege that these actions violate the First Amendment as they are retaliation for protected activity and viewpoint discrimination, as well as constituting unconstitutional conditions on federal funding in violation of the First Amendment and the Spending Clause, and also violate Fifth Amendment equal protection and due process protections. They also argue that the grant terminations violate the APA as arbitrary and capricious and contrary to law. Plaintiffs seek a declaration that the termination of the ABA’s CDSV grants is unlawful as well as preliminary and permanent injunctions against enforcing the terminations and requiring the disbursement of the grants.

Update 1: On Apr. 24, the Plaintiff filed a motion for a temporary restraining order and accompanying memorandum citing irreparable harm.

Update 2: On May 2, Defendants filed a motion to dismiss and a memorandum in support of this motion and in opposition to the Plaintiff’s motion for a TRO, claiming that the Court lacks jurisdiction and that the funding decision was within the legal discretion of the DOJ.

Update 3: On May 7, the Plaintiff filed a reply to the opposition to the motion for a TRO and a reply to the motion to dismiss.

Update 4: On May 9, Defendants filed a reply in support of the motion to dismiss.

Update 5: On May 14, Judge Christopher Cooper granted a preliminary injunction on the plaintiff’s First Amendment retaliation claim.

Zaid v. Executive Office of the President (D.D.C.)

1:25-cv-01365

Complaint

2025-05-05Government Action Temporarily Blocked in Part; Temporary Block Denied in PartCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2026-01-06

Mark Zaid’s limited access security clearance was rescinded by the Trump Administration after a March 22, 2025 Memorandum ordering the revocation of several individuals’ limited access security clearances. Zaid alleges that the revocation of his limited security access was politically motivated and lacked any of the procedural due process afforded to security clearance holders or applicants whose security clearance is denied or revoked. Zaid, who is an attorney, asserts that the revocation of his security clearance prevents him from accessing classified material needed to represent current and prospective clients, hampering his ability to represent these clients before government agencies.

Dec. 23, 2025: Judge Ali granted in part and denied in part Plaintiff’s motion for preliminary injunction and denied the government’s motion to dismiss. Judge Ali enjoined the government from giving effect to the security clearance revocations or denial of access to classified information as to Zaid. The preliminary injunction will not go into effect until Jan. 13, 2026.

Jan. 6, 2026: Defendants appealed the court’s Dec. 23, 2025 order to the D.C. Circuit.

American Bar Association v. Trump (D.D.C.)

1:25-cv-01888

Complaint

2025-06-16Awaiting Court RulingCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-06-16

In March and April of 2025, President Trump signed a series of Executive Orders (EO’s) specifically directed at five law firms that he stated had taken actions that he viewed as against the “national interest”, including practices related to diversity, equity and inclusion (DEI), employment of lawyers who were involved in or associated with investigations or prosecution of President Trump, and conduct or advocacy otherwise disfavoured by the Administration. The EO’s (collectively, the “Law Firm Orders”) imposed sanctions that included termination of security clearances for employees of those firms, a requirement that all government contractors disclose any business done with those law firms, termination of government contracts, limiting federal building and employee access, and the refusal to offer federal employment to employees of targeted law firms.

The EO’s also direct the EEOC and the Attorney General to investigate these firms for violations of Title VII of the Civil Rights Act. On March 17, 2025 the EEOC also sent letters to twenty other law firms requesting information about their DEI practices. On March 22, 2025, the White House issued a memorandum entitled “Preventing Abuses of the Legal System and the Federal Court” directing the Attorney General to “seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States”. On May 9, 2025, Deputy Attorney General Todd Blanche issued a memorandum prohibiting the government, subject to limited exceptions, from hiring as private counsel any attorneys from any law firm that represents clients in “active litigation against Administration policies.”

The American Bar Association (ABA), a non-partisan non-profit organisation and the nation’s largest voluntary association of legal professionals, filed suit against the United States as well as federal departments and agencies that have been directed to implement these EO’s, the heads of those departments and agencies, and federal agencies likely to implement these orders. The complaint alleges that the EO’s, along with the various memoranda and public statements issued by the Administration constitute an unconstitutional policy (the “Law Firm Intimidation Policy” or “Policy”) that is designed to intimidate and coerce law firms and lawyers to refrain from challenging the President or his Administration in court, or from even speaking publicly in support of policies or causes that the President does not like.

The complaint asserts that the unlawful coercive effects of the Policy are evident in the fact that although four federal judges have ruled that the Law Firm Orders are unconstitutional, numerous firms made pre-emptive commitments to support Administration policies out of concern that they would be targeted (or in the case of Paul Weiss, to effect the revocation of the order against it).They claim that the Policy has successfully coerced much of the profession to forego constitutionally protected activity, including litigation against the Administration, and notes that none of the top 25 firms and less than ten of top 100 firms have been willing to file amicus briefs in support of the firms targeted by the Law Firm Orders.

The Plaintiff allege that both the ABA itself and its member attorneys have suffered harm because of the Policy, including not bringing various cases, finding it difficult to find co-counsel in cases (or in the case of the ABA, to find law firms to represent it in litigation adverse to the government), changes to case acceptance procedures at their firms, and the need to devote substantial resources to mitigate the impact of the orders or to prepare for the possibility of retaliation. They also assert that so long as there is a reasonable likelihood that the Administration will target any law firm which represents causes and clients the Administration dislikes with retaliatory sanctions, “wide swaths of the legal profession—including many members of the ABA—will continue to be chilled in the exercise of their constitutional rights.”

The ABA alleges that the Policy is a violation of the First Amendment due to 1) suppression of and threatened retaliation for protected activity (the provision of advocacy and advice); 2) viewpoint discrimination; 3) a violation of the constitutionally protected right to petition the government, since it causes members to refrain from bringing litigation in matters adverse to the federal government; 4) a violation of the right to free association and compelled disclosure, insofar as it requires government contractors to disclose any business they do with targeted law firms and threatens to unlawfully impose punishment based on protected association with others; and 5) overbreadth as unduly vague, since it has caused ABA members and their law firms to divert resources away from their ordinary business of representing clients in order to scrutinize and decline representations that may be perceived as falling afoul of vaguely and ambiguously described categories. They also assert that it is ultra vires as a violation of the Separation of Powers, as no act of Congress authorized the Policy or the Law Firm Orders or the negotiation for commitments of free legal work to avoid sanctions and suggest that these actions might actually be specifically prohibited by various Congressional statutes including anti-corruption statutes, the Merit System Protection Act, and others.

Plaintiff seeks declaratory and injunctive relief declaring that the various sanctions in the Law Firm Orders unconstitutional and enjoining the enforcement of any of them against any ABA member or ABA member’s law firm or initiating attorney conduct and disciplinary proceedings, of any ABA member or ABA member’s law firm based on the individual’s law firm or organizational affiliation or based on the identity of their client representations.

PFLAG, Inc. v. Trump (D. Md.)

8:25-cv-00337

Complaint

2025-02-04Government Action Temporarily BlockedCivil Liberties and RightsAction Against Law Firms and Lawyers (Executive Order 14230 - Perkins Coie) (Executive Order 14246 - Jenner & Block) (Executive Order - WilmerHale) (Presidential Memorandum)2025-03-28

On January 20, 2025, the Trump administration issued an executive order prohibiting the federal government from expending federal funds to promote “gender ideology,” the idea that gender identity can differ from biological sex. On January 28, 2025, the Trump administration issued an executive order directing the federal government to bar medical institutes that receive research and education grants, including medical schools and hospitals, from administering gender affirming care to individuals under the age of 19. The order also ended coverage for gender affirming care in government-provided medical benefits, and ordered the Office of Management and Budget to instruct private health insurers that government employee plans were barred from covering such care. Finally, the order directs the Department of Justice to prioritize enforcement against female genital mutilation and develop legislation for a private right of action against medical professionals performing gender-affirming procedures, pursuant to an older statute against female genital mutilation. PFLAG and other plaintiffs filed suit, arguing the orders constitute unconstitutional presidential action in excess of Article II authority; discriminate on the basis of sex and disability in violation of statutes; violate the Fifth Amendment’s equal protection and substantive due process guarantees; and abridge the First Amendment’s free speech clause. Plaintiffs seek to have the orders declared unconstitutional and unlawful, and asking for temporary, preliminary, and permanent injunctive relief.

Update 1: On Feb. 5, Plaintiffs moved for a TRO against implementation of the Executive Order.

Update 2: On Feb 13, Judge Brendan Abell Hurson issued a two-week TRO, blocking enforcement of the Executive Order.

Update 3: On Feb. 18, Plaintiffs moved for a preliminary injunction to block enforcement of the Executive Order.

Update 4: On Feb. 26, Plaintiffs moved to extend the TRO. Judge Hurson extended the TRO until March 5, 2025.

Update 5: On Mar. 4, Judge Brendan Hurson granted Plaintiff’s motion for a preliminary injunction and enjoined Defendants from conditioning, withholding, or terminating federal funding based on the fact that a healthcare entity or professional provides gender-affirming medical care to a patient under age 19.

Update 6: On Mar. 7, plaintiffs filed an emergency motion for enforcement of the preliminary injunction, asserting that the government violated the injunction by issuing notices renewing threats to withhold federal funds from organizations providing gender-affirming care.

Update 7: On Mar. 10, the government filed a memorandum opposing plaintiffs’ emergency motion, asserting that the government’s actions “do not violate this Court’s preliminary injunction” because they do not directly “condition, withhold, or terminate” aid under the enjoined provisions. In response, plaintiffs filed a memorandum asserting that the government’s notices “are overt threats by Defendants that federal funding recipients risk losing their federal funding if they provide gender affirming medical care to a patient under the age of nineteen.”

Update 8: On Mar. 21, the government filed notice that it was appealing the Mar. 4 preliminary injunction in the case to the Fourth Circuit.

Update 9: On Mar. 28, the District Court denied plaintiffs’ emergency motion for enforcement of the preliminary injunction. The Court explained that the government’s notices presently do not violate the preliminary injunction order because they merely advise the agencies that grant funding could change in the future.

O'Neill v. Hartman (D. Md.)

1:25-cv-04228

Complaint

2025-12-22Awaiting Court RulingCivil Liberties and RightsActions Against Transgender Government Employees2025-12-22

Plaintiff in this lawsuit is a transgender employee of the National Security Agency (NSA). Defendant is the director of the NSA. Plaintiff alleges that, on Jan. 20, 2025, President Trump issued Executive Order 14168, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Plaintiff further alleges that, pursuant to the Executive Order, “...the NSA has undertaken a series of actions that have created a hostile work environment for Ms. O’Neill, including cancelling its policy recognizing her identity and right to a workplace free of unlawful harassment, prohibiting her from identifying her pronouns as female in written communications, purging references to transgender people from its materials, and barring her from using the women’s restroom at work.” Plaintiff argues that these actions violate Title VII of the Civil Rights Act of 1964 (Title VII), which, she argues, protects plaintiff from sex discrimination. She further asserts that the Supreme Court held in 2020 that it is impossible to discriminate against an employee for being transgender without unlawfully discriminating based on sex in violation of Title VII. Plaintiff primarily asks the court, therefore, to declare that the actions of the defendant violate Title VII; enjoin the defendant from implementing or enforcing the Executive Order “...and any other policy or practice that prevents Ms. O’Neill from using restrooms that align with her gender identity, prohibits her from using pronouns aligned with her gender identity in written communications at work, or prevents her from accessing or viewing information about her civil rights under Title VII as a transgender person…”

State of Washington et al. v. Donald J. Trump et al. (W.D. Wash.)

2:25-cv-00244

Complaint

Amended Complaint

2025-02-19

2025-02-07State A.G. PlaintiffsGovernment Action Temporarily BlockedCivil Liberties and RightsBan on Gender Affirming Care for Individuals Under the Age of 19 (Executive Order 14168; Executive Order 14187)2025-11-10

On Jan. 28, 2025, the Trump administration issued an executive order directing the federal government to bar medical institutes that receive research and education grants, including medical schools and hospitals, from administering gender affirming care to individuals under the age of 19. The order also ended coverage for gender affirming care in government-provided medical benefits, and ordered the Office of Management and Budget to instruct private health insurers that government employee plans were barred from covering such care. Finally, the order directs the Department of Justice to prioritize enforcement against female genital mutilation and develop legislation for a private right of action against medical professionals performing gender-affirming procedures, pursuant to an older statute against female genital mutilation. Three states and three physicians filed suit, arguing that Executive Order 14187 violates Fifth Amendment equal protection by creating classifications and facially discriminating on the basis of transgender status and sex without sufficient government interest. Plaintiffs also allege that the order violates separation of powers by imposing conditions on the receipt of funding by the plaintiff states’ medical institutions, whereas Congress never authorized such a provision and explicitly barred medical institutions from denying individuals access to federally funded services based on gender dysphoria under 29 U.S.C. § 794. Finally, the plaintiffs allege that the order violates the Tenth Amendment by regulating and threatening criminal prosecution against certain consensual medical practices, thus unlawfully intruding on the states’ traditional police powers over local public health.

Update 1: On Feb. 7, Plaintiffs moved for a TRO against implementation of the Executive Order.

Update 2: On Feb. 14, Judge Lauren King issued a two-week TRO, blocking enforcement of Section 4 and Section 8(a) of Executive Order 14187 within Plaintiff States; on Feb. 16, the court issued an Opinion in the matter.

Update 3: On Feb. 19, Plaintiffs filed an amended complaint adding the State of Colorado as a plaintiff and a Fifth Amendment Due Process claim for vagueness. Plaintiffs moved separately for a preliminary injunction against enforcement of the Executive Order, to which the government responded in opposition on Feb. 28.

Update 4: On Feb. 28, Judge Lauren King issued an order granting the motion for a preliminary injunction, with one exception. The one exception involved Section 8(a) of the EO directing the Attorney General to prioritize “enforcement of protections against female genital mutilation”; but the court found “no credible threat of prosecution” for the plaintiffs.

Update 5: On Mar. 6, plaintiffs filed a motion for the court to hold defendants in contempt of court on shortened time, alleging that defendants 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. In the alternative, plaintiffs moved for expedited discovery as to whether defendants violated the preliminary injunction.

Update 6: On Mar. 13, defendants filed a memorandum opposing the motion for contempt, asserting that the relevant decisions to withhold funding were based on preexisting authority and not the enjoined EOs.

Update 7: On Mar. 14, plaintiffs filed a reply in support of their motion for contempt or expedited discovery.

Update 8: On Mar. 17, the court denied plaintiffs’ motion for contempt, but granted expedited discovery on the question of whether the actions were taken pursuant to the enjoined EOs.

Update 9: On Mar. 21, defendants appealed the district court’s partial grant of a preliminary injunction and grant of expedited discovery to the Ninth Circuit Court of Appeals. The court granted the Defendants’ stay of the proceedings pending the appeal of the preliminary injunction on April 23.

Update 10: The court granted the Defendants’ stay of the proceedings pending the appeal of the preliminary injunction on April 23.

Update 11: On May 16, the Ninth Circuit Court of Appeals granted the joint motion to stay the appellate proceedings until the resolution of United States v. Skrmetti or until further order from the court. SCOTUS issued its decision in Skrmetti on June 18, holding that the Tennessee law prohibiting medical treatments for transgender minors is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment and satisfies rational basis review.

Update 12: On November 10, the district court denied the defendants’ second motion to stay the preliminary injunction.

Commonwealth of Massachusetts v. Trump (D. Mass.)

1:25-cv-12162

Complaint

2025-08-01State A.G. PlaintiffsAwaiting Court RulingCivil Liberties and RightsBan on Gender Affirming Care for Individuals Under the Age of 19 (Executive Order 14168; Executive Order 14187)2025-08-01

The Trump administration issued Executive Order 14187, “Protecting Children From Chemical and Surgical Mutilation” and two related memoranda on April 22 and June 11 , which aim to eliminate the provision of healthcare to transgender individuals under the age of 19. On Aug. 1, a coalition of 16 states and the District of Columbia filed a complaint challengingthese actions. Plaintiffs allege the EO and related memoranda intimidate providers into ceasing care for medically necessary healthcare to transgender individuals under age 19 through threats of unconnected civil and criminal prosecution. The Plaintiffs argue the actions violate the Administrative Procedure Act and the Tenth Amendment (Anti-Commandering Doctrine), and seek to declare the EO unconstitutional and vacate the administration's actions.

Doe v. Department of Defense (D. Md.)

8:25-cv-02947

Complaint

2025-09-08Awaiting Court RulingCivil Liberties and RightsBan on Gender Affirming Care for Individuals Under the Age of 19 (Executive Order 14168; Executive Order 14187)2025-09-08

Prior to June 11, 2025 the policy manual of “TRICARE”, the Department of Defense (DoD) healthcare program that provides insurance coverage to millions of military servicemembers and their families, indicated that coverage was available under TRICARE for medically necessary gender transition medications and therapy. On Jan. 28, President Donald Trump issued Executive Order (EO) 14187, titled “Protecting Children From Chemical and Surgical Mutilation” which eliminated federal funding for healthcare for transgender people under the age of 19 and on Jun. 11 the TRICARE Policy Manual was revised to exclude coverage to both children and adults for “puberty blockers . . . to delay the onset or progression of normally timed puberty in an individual who does not identify as his or her sex,” and for the “use of sex-hormones . . . to align an individual’s physical appearance with an identity that differs from his or her sex.”

On Sept. 8, two minor children and a young adult filed suit alleging that this change to the TRICARE policy was made without proper observance of the rulemaking procedures and notice requirements set in place by Congressional statutes. Plaintiffs claim that the DOD’s actions violate the Administrative Procedure Act (APA) as arbitrary and capricious, not in accordance with law and in excess of statutory authority, and also violates Separation of Powers. They seek a declaratory judgment that the new policy is unlawful and a permanent injunction against enforcing the change in policy.

Tirrell v. Edelblut (D.N.H.)

1:24-cv-00251

Complaint


First Amended Complaint 2024-11-08

Second Amended Complaint 2025-02-12

2024-08-16Government Action Temporarily BlockedCivil Liberties and RightsBan on transgender athletes in women’s sports (Executive Order 14168; Executive Order 14201) and policies on transgender students2025-09-10

On Jan. 20, 2025, the Trump administration issued Executive Order 14168, stating that there are only two sexes, male and female, and that they are determined by immutable biological factors at conception. On Feb. 5, the administration issued Executive Order 14201, directing the federal government to interpret and enforce Title IX under the sex definitions provided in Executive Order 14168, which would bar transgender women and girls from competing in women’s sports. Plaintiffs, two transgender teenage athletes in New Hampshire, previously filed suit against the state, arguing a state law banning transgender women from competing in school sports was unconstitutional under the 14th Amendment and a violation of Title IX. On Sept. 10, 2024, the court ordered a preliminary injunction against the state law. On Feb. 12, following the Trump administration’s executive order, Plaintiffs filed a motion for leave to file a second amended complaint, seeking to add federal defendants to the suit. The amended complaint argues the executive order (1) unconstitutionally violates Fifth Amendment equal protection rights; (2) is an ultra vires action in conflict with Title IX; and (3) is an ultra vires action to withhold Congressionally appropriated funds. They seek a declaratory judgment that the executive order is unconstitutional and unlawful; and a permanent injunction enjoining its enforcement.

2025-08-22: The court granted a temporary restraining order.

2025-09-10: The court granted a preliminary injunction.

State of California v. Department of Justice (N.D. Cal.)

3:25-cv-04863

Complaint

2025-06-09State A.G. PlaintiffsAwaiting Court RulingCivil Liberties and RightsBan on transgender athletes in women’s sports (Executive Order 14168; Executive Order 14201) and policies on transgender students2025-10-06

In 2013, California enacted California Education Code Section 221.5(f) which requires that “[a] pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions . . . irrespective of the gender listed on the pupil’s records.” and the California Interscholastic Federation (CIF), the statewide governing body for secondary school athletics, adopted this same requirement through CIF Bylaw 300.D. On Jan. 20, 2025, the Trump administration issued Executive Order (EO) 14168, stating that there are only two sexes, male and female, and that they are determined by immutable biological factors at conception. On Feb. 5, the administration issued EO 14201, directing the federal government to interpret and enforce Title IX under the sex definitions provided in EO 14168, which would bar transgender women and girls from competing in women’s sports. EO 14201 further directs that “[a]ll executive departments and agencies . . . shall review grants to educational programs and, where appropriate, rescind funding to programs that fail to comply with the policy established in this order.”On June 2, 2025, Defendant U.S. DOJ issued a letter (the “Certification Demand Letter”) to every Local Education Agency (LEA) in California, which asserts that CIF Bylaw 300.D is “facially unconstitutional” as it would violate the Equal Protection rights of cisgender girls and demanding that all LEA’s certify in writing by June 9, 2025 that they will not implement CIF Bylaw 300.D. Plaintiff sued, asserting that the Certification Demand Letter would require California to violate the Equal Protection Clause by preventing the state from protecting the rights of transgender students. The State further argues that Defendants have no statutory or regulatory authority to demand certification and threaten to withhold funding as this was not specifically authorized by Congress. California also asserts that the Certification Demand Letter violates the Spending Clause due to a lack of clear notice of a change in conditions of receiving funds and because Congress may not impose a spending condition that would induce a State to violate the Constitution, as well as the Administrative Procedure Act as agency action contrary to constitutional right and in excess of statutory right. California seeks a declaratory judgement that CIF Bylaw 300.D does not violate the Equal Protection Clause, that the demands in the Certification Demand Letter violate the Equal Protection Clause, that Defendants acted ultra vires by issuing the Certification Demand Letter, that California LEA’s are obligated not to provide certification, and that the Certification Letter should be vacated. They also seek a preliminary and permanent injunction enjoining Defendants from acting on the Certification Demand Letter.

Update 1: On Jun 9, Plaintiffs filed for a declaratory and injunctive relief against all defendants and an injunction against the US government/official or APA vacatur requested. Complaints modified on Jun 10.

Update 2: On Aug 15, the parties filed stipulation with proposed order (1) Extending Deadline for Defendants to Answer/Respond to Complaint, (2) Setting Briefing Schedule for Defendants Contemplated Motion to Dismiss; and (3) Granting Parties Leave to File Oversize Briefs Re. Motion to Dismiss. On Aug 19, Judge Breyer granted order of stipulation.

Update 2: On Aug 22, the defendants filed a motion to dismiss for lack of Jurisdiction and failure to state a claim for relief. The plaintiffs filed responses on Sep. 26.

Update 3: On Sep 5, Judge Breyer denied defendants’ 22 Administrative Motion for Continuance of Case Managed Dates and Stay of Discovery filed on Aug 29. The relevant plaintiff response was filed on Sept 2.

Update 4: On Sep. 11, Judge Breyer granted 26 Stipulations and Order Extending Deadlines after the plaintiff and the defendant stipulated and asked the court to enter a proposed order to set (1) the deadline to make initial disclosures and file ADR certifications will be 14 days following the date that Defendants file an answer, if required following determination of their motion to dismiss, and (2) the deadline to file a joint case management statement will be 7 days before the initial case management conference, if and when a date for such conference is scheduled by the Court.

Update 5: Oct. 6, Judge Breyer granted defendant's unopposed administrative motion for stay of briefing schedule due to lack of appropriations and stayed defendants’ filing deadline by the total number of days of the lapse in appropriations

Nicolas Talbott, et al. v. Donald Trump, et al. (D.D.C.)

1:25-cv-00240

Complaint

2025-01-28Government Action Not Blocked Pending AppealCivil Liberties and RightsBan on transgender individuals serving in the military (Executive Order 14183)2025-12-09

On January 27, 2025, the Trump administration issued an executive order banning transgender individuals from serving in the military. The order rescinds prior policy allowing transgender individuals to serve openly if they meet military standards. This order categorically prohibits both enlistment and continued service, deeming transgender individuals incompatible with military standards of “troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity.” The plaintiffs are a group of active duty transgender service members and prospective or current enlistees. They argue that the categorical exclusion of this class of individuals from military service violates equal protection under the Fifth Amendment’s Due Process Clause because the policy is arbitrary and lacks a legitimate government interest.

Update 1: On Feb. 3, Plaintiffs moved for a preliminary injunction against implementation of the Executive Order.

Update 2: On Feb. 4, Plaintiffs moved for a TRO against implementation of the Executive Order.

Update 3: On Feb, 5, the court ordered the Government to notify plaintiffs and the court of any Department of Defense policy or guidance implementing the Executive Order. If any such action is taken, the court will entertain Plaintiffs’ motion for a TRO.

Update 4: In response to the Court’s order to update any policies or guidance implementing Executive Order 14168 (“Defending Women from Gender Extremism…”) or Executive Order 14183 (“Prioritizing Miliary…”), the government filed a memorandum for Senior Pentagon Leadership Commanders of the Combatant Commands Defense Agency and DoD Field Activity Directors, released on February 26, 2025, Subject: Additional Guidance on Prioritizing Military Excellence and Readiness. The Memorandum requires updating of military guidance as it relates to transgender service members and provides a new policy, “Service Members and Applicants for Military Service who Have a Current Diagnosis or History of, or Exhibit Symptoms Consistent with, Gender Dysphoria.” The new policy states that “Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria will be processed for separation from military service,” and orders that “steps to identify Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria within 30 days of this memorandum.” It also states that “history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery as treatment for gender dysphoria or in pursuit of a sex transition, is disqualifying,” including already-extended offers of admission to military academies, and applies restrictions on individuals post-separation benefits eligibility. While waivers are available, the applicant “must be willing and able to adhere to all applicable standards, including the standards associated with the applicant's sex.”

Update 5: On Mar. 18, Judge Ana Reyes granted Plaintiff’s request for a preliminary injunction, extending to all transgender service members facing the same irreparable harm. The Court stays its Order until Mar. 21, 2025, to provide Defendants time to consider filing an emergency stay with the D.C. Circuit.

Update 6: On Mar. 24, Plaintiffs amended the complaint to include additional plaintiffs. Plaintiffs Jamie Hash, Vera Wolf, Hunter Marquez, Ashley Davis, and Samuel Ahearn also filed a motion requesting a TRO to block enforcement of the EO and Department of Defense memoranda and preserve the status quo, on the basis that Plaintiffs are likely to succeed on their Fifth Amendment claim and likely to face irreparable harm. The motion states: “In light of this Court’s March 18, 2025, order granting a nationwide preliminary injunction of the Military Ban, ECF No. 88, which the Court administratively stayed pending Defendants’ Motions, see Minute Order (Mar. 21, 2025), this Court should temporarily restrain enforcement of the Military Ban with respect to these specific adverse actions toward Moving Plaintiffs until it resolves Defendants’ Motions on the merits.”

Update 7: On Mar. 26, Defendants filed a notice of appeal to the D.C. Circuit appealing Judge Reyes’ Mar. 18 order renewing the preliminary injunction.

Update 8: On Mar. 27, the D.C. Circuit ordered that Judge Reyes’ Mar. 18 preliminary injunction order be administratively stayed pending further review by the court.

Update 9: On June 27, Plaintiffs Miriam Perelson and Greyson Shishkina were voluntarily dismissed as plaintiffs in the action.

Update 10: On Dec. 9, the Court of Appeals for the District of Columbia Circuit voted 2-1 to grant the administration’s motion for a stay pending appeal of the District Court’s preliminary injunction against the administration’s policy banning transgender individuals from serving in the armed forces. Writing for the majority, Judge Gregory Katsas wrote that, in granting the preliminary injunction, the district court had afforded insufficient deference to Secretary of Defense Pete Hegseth’s determination that the policy would advance key military interests.

Shilling v. Trump (W.D. Wash.)

2:25-cv-00241

Complaint


Amended Complaint 2025-03-04

2025-02-06Government Action Not Blocked Pending AppealCivil Liberties and RightsBan on transgender individuals serving in the military (Executive Order 14183)2025-05-06

On Jan. 27, 2025, the Trump administration issued an executive order banning transgender individuals from serving in the military. The order rescinds prior policy allowing transgender individuals to serve openly if they meet military standards. Plaintiffs, including active and prospective trans service members and an organization representing transgender military members, argue that the ban violates the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment. They seek declaratory judgment and a permanent injunction against enforcement of the executive order.

Update 1: On Feb. 19, Plaintiffs filed motion for a preliminary injunction to stop the enforcement of the executive order as to Plaintiffs and other current and aspiring transgender servicemembers.

Update 2: On Mar. 4, Plaintiffs submitted an amended complaint.

Update 3: On Mar. 4: Plaintiffs submitted a supplemental brief in support of the motion for a preliminary injunction; the government responded with a brief in opposition to a preliminary injunction on Mar. 14; to which the Plaintiffs replied on Mar. 19.

Update 4: On Mar. 27, Judge Benjamin Settle granted a preliminary injunction. He wrote, “The government has in turn provided no evidence supporting the conclusion that military readiness, unit cohesion, lethality, or any of the other touchstone phrases long used to exclude various groups from service have in fact been adversely impacted by open transgender service under the Austin Policy. The Court can only find that there is none.” “The government’s arguments are not persuasive, and it is not an especially close question on this record,” Settle stated.

Update 5: On Mar. 28, the government appealed the Court’s order granting the preliminary injunction to the Ninth Circuit. On that same day, Trump was dismissed as a defendant in this case.

Update 6: On Mar. 31, the Ninth Circuit denied the request for a stay. On Apr. 24, the Defendants appealed to the U.S. Supreme Court.

Update 7: On May 6, the Supreme Court issued a stay (with Justices Sotomayor, Kagan, and Jackson dissenting).

Ireland v. Hegseth (D.N.J.)

1:25-cv-01918

Complaint

2025-03-17Case ClosedCivil Liberties and RightsBan on transgender individuals serving in the military (Executive Order 14183)2025-05-15

On Jan. 20 and 27, 2025, President Donald Trump issued EOs reversing the existing policy of the United States Armed Forces by banning transgender people from military service. Plaintiffs Master Sergeant Logan Ireland and Staff Sergeant Nicholas Bear Bade are transgender men who have served as members of the United States Air Force for years. Both Plaintiffs have been placed on administrative absence and have been informed that they only can continue to serve if they do so in their birth sex (i.e., as women). It is not possible for either Plaintiff to serve as a woman because they have medically transitioned and live as men. Plaintiffs believe that involuntary administrative separation proceedings will be initiated against them because of their transgender status by Mar. 26, 2025, given the Trump administration’s EO implementation timeline. Plaintiffs seek declaratory and permanent injunctive relief against the implementation of the EOs and related memoranda, on the basis that they have a constitutional right under the Due Process Clause of the Fifth Amendment to not be separated from military service based on their transgender status.

Mar. 18, 2025: Plaintiffs filed a request for a TRO on the grounds of irreparable harm and that Plaintiffs would win on the merits of their Equal Protection claim.Mar. 20, 2025: the Government filed an opposition to Plaintiffs’ request for a TRO. On Mar. 21, Plaintiffs filed a further reply in support of their request for a TRO.Mar. 24, 2025: Judge Christine O’Hearn granted Plaintiffs’ request for a 14-day TRO, finding that the EOs present a clear violation of constitutional rights and that attempting to exhaust administrative procedures would be inadequate to address irreparable injury to the Plaintiffs.May 15, 2025: Plaintiffs move to voluntarily dismiss this action without prejudice, which the court grants.
Ireland v. United States (Ct. Fed. Cl.)

1:25-cv-01921

Complaint

2025-11-10Awaiting Court RulingCivil Liberties and RightsBan on transgender individuals serving in the military (Executive Order 14183)2025-11-12

On Jan. 27, 2025, the Trump Administration issued EO 14183 banning transgender individuals from serving in the military. On May 8, the Secretary of Defense issued a Memorandum setting deadlines for active-duty service members and reserve service members to self-identify and voluntarily retire or face involuntary separation. On November 10, a group of 17 transgender servicemembers in the Air Force and Space Force sued the administration after approvals for their retirement benefits were rescinded. The plaintiffs allege that the government violated 10 U.S.C. § 9329, which provides that retired service members are entitled to retirement benefits. The plaintiffs seek reinstatement of their retirement orders and benefits.

Maine v. US Department of Agriculture (D. Me.)

1:25-cv-00131

Complaint

Amended Complaint

2025-04-08

2025-04-07State A.G. PlaintiffsCase ClosedCivil Liberties and RightsConditioning agriculture funds on state transgender athlete policy (Sec. of Agriculture letter to Maine Governor)2025-05-02

On Jan. 20, 2025, the Trump administration issued Executive Order 14168, stating that there are only two sexes, male and female, and that they are determined by immutable biological factors at conception. On Feb. 5, the administration issued Executive Order 14201, directing the federal government to interpret and enforce Title IX under the sex definitions provided in Executive Order 14168, which would bar transgender women and girls from competing in women’s sports. On April 2, Maine received a letter from Secretary of Agriculture Brooke Rollins, stating that the United States Department of Agriculture (USDA) was freezing funds for certain technological functions in schools in Maine, as well as reviewing all research and education-related grants and funding. The letter stated that in order to continue to receive taxpayer dollars from USDA, Maine must demonstrate compliance with “Title IX’s protection of female student athletes from having to compete with or against males.” Despite commitments from Secretary Rollins that this freeze would not affect funding to feed schoolchildren, on April 3, Maine’s Child Nutrition Program was allegedly unable to access various federal funds. Plaintiff alleges that the funding freeze is a violation of the Administrative Procedure Act. Specifically, they argue that the freeze is “arbitrary and capricious” and taken without observance of procedure required by law, as Secretary Rollins allegedly did not follow numerous required procedures, including notification, investigation, and related hearings. Plaintiff has requested the court vacate the funding freeze and issue a preliminary and permanent injunction enjoining the USDA from impeding Maine’s access to federal funds based on the alleged violation of Title IX without following all legally required procedures.

Update 1: Immediately after filing its complaint on Apr. 7, the Plaintiff filed a motion for an emergency temporary restraining order (TRO) to temporarily block Defendants from terminating, freezing, or otherwise interfering with Maine’s access to federal funds allocated to Maine based on Maine’s alleged violation of Title IX. Plaintiff amended its complaint the next day, but did not add any additional claims against Defendants.

Update 2: On Apr. 9, Defendants filed their opposition to Plaintiff’s motion for an emergency TRO. Plaintiffs replied to Defendant’s opposition on Apr. 10.

Update 3: On Apr. 11, Judge John Woodcock, Jr. granted Plaintiff’s motion for an emergency TRO through Apr. 25, 2025. This order requires Defendants to immediately unfreeze and release federal funding to Maine that has been withheld due to the alleged violation of Title IX and was later extended through May 9, 2025.

Update 4: On May 2, Plaintiff voluntarily dismissed this action with prejudice.

Baraka v. Habba (D.N.J.)

2:25-cv-06846

Complaint

2025-06-03Awaiting Court RulingCivil Liberties and RightsCriminal Arrests and Prosecutions2025-08-21

On June 3, Newark, New Jersey Mayor Ras Baraka filed a lawsuit against Interim U.S. Attorney Alina Habba and Department of Homeland Security (DHS) official Ricky Patel, claiming that his arrest by DHS agents outside of an ICE detention facility in Newark on May 9 during a press conference violated his rights under the Fourth Amendment. The complaint alleges that his arrest was politically motivated and asserts claims of false arrest, malicious prosecution and defamation. He seeks compensatory and punitive damages.

2025-06-04: Plaintiffs filed an amended complaint.

2025-08-21: In a separate case, Alina Habba was disqualified as acting as the U.S. Attorney General for the District of New Jersey.

Chicago Headline Club v. Noem (N.D. Ill.)

1:25-cv-12173

Complaint

2025-10-06Government Action Not Blocked Pending AppealCivil Liberties and RightsCriminal Arrests and Prosecutions2025-11-20

Following the announcement of “Operation Midway Blitz” in early September 2025, the Trump Administration has ramped up immigration enforcement operations and deployed federal officers to the greater Chicago metropolitan area, including the area at and near the Broadview, Illinois ICE facility where demonstrations against the federal government’s policies and actions have been staged daily. Local and national press have continuously covered the federal law enforcement deployment to Chicago and the Broadview ICE facility in particular. On October 6, 2025, a coalition of media organisations, journalists, non-profit membership organisations and unions representing members of the media, and protestors filed suit alleging that federal officers have been responding to their presence at these protests with a pattern of brutality designed to silence the press and civilians.

The complaint alleges that Federal immigration officers at the Broadview ICE facility have repeatedly and intentionally singled out persons whom they know to be members of the Press for violence, assault, and intimidation. Plaintiffs brought the suit as a class action on behalf of all persons who are or will be peacefully present at demonstrations in the Northern District of Illinois, and who intend to non-violently participate in, observe, or record the demonstrations, or engage in news gathering, reporting, or prayer, and allege violations of: their First Amendment rights to free speech, assemble, gather news and practice religious beliefs; the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-1 which provides that the government shall not burden a person’s exercise of religion; their Fourth Amendment rights to be free of excessive force and unreasonable seizures; and the Administrative Procedure Act as contrary to constitutional right and arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Plaintiffs also allege a conspiracy by Defendants to deprive Plaintiffs of their Constitutional rights. They seek classwide declaratory and injunctive relief and moved for a temporary restraining order enjoining Defendants from using force against journalists or using riot control weapons or excessive force against journalists or protestors.

Update 1: On October 9, District Court Judge Ellis issued a temporary restraining order granting plaintiffs’ motion and blocking the Trump administration from using force against journalists or ordering crowd dispersal orders unless justified by exigent circumstances in the Chicago area. The order prohibits federal agents from arresting, threatening, or using force against any person they “reasonably should know is a Journalist” without probable cause, using riot control weapons unless necessary to stop an “immediate and serious threat,” and seizing or arresting any non-violent protester without probable cause. The court’s ruling enjoins federal agents from this conduct for 14 days (until Oct. 23, 2025).

Update 2: On October 17, Judge Sara L. Ellis issued a modification to her previous Temporary Restraining Order, further enjoining federal agents’ use of force in immigration enforcement operations in the Northern District of Illinois. The modification adds a requirement that all such federal agents wear active body cameras while engaged in enforcement activity, unless exempt under CBP, ICE, or DHS policy. The modified TRO came a day after Ellis reportedly expressed during a hearing that she was “startled” by “images in the paper” showing federal agents deploying tear gas against protestors without warning and had “serious concerns that my order is being followed.”

Update 3: On Oct. 28, Judge Ellis further clarified her TRO and ordered that all federal agents place a conspicuous identifier on their uniforms and reiterated that all CPB agents should wear body cameras. She further required that CPB Commander Geregory Bovino wear a body camera and report to her each afternoon to provide updates on the operation, and that the Defendants provide her with all body camera video and use of force reports to date by Oct. 31 and all subsequent such video and reports within 24 hours of the reports being finalized. She also directed that Defendants should provide her by Oct. 31 with a chart of all individuals detained for violations not related to immigration enforcement.

Update 4: On October 29, the 7th Circuit Court of Appeals granted the government’s request to temporarily block Judge Ellis’ Oct. 28 order requiring CBP Chief Patrol Agent Greg Bovino to appear in court at 5:45PM on weekdays to report on use of force activities for each day.

Update 5: On October 31, the 7th Circuit Court of Appeals granted the government’s request to issue a writ of mandamus blocking the district court’s order that had required CBP Chief Patrol Agent Greg Bovino to appear in court to report on use of force activities for each day. The court found that the order “puts the court in the position of an inquisitor rather than that of a neutral adjudicator” and “sets the court up as a supervisor of Chief Bovino’s activities, intruding on the personnel management decisions of the Executive Branch,” concluding that the order infringes on the separation of powers.

Update 6: On November 6, Judge Ellis issued a preliminary injunction that extends an order she issued last month restraining DHS, ICE, and CBP agents from using force, chemical weapons, or arrests against journalists. The judge reportedly stated that she found the DOJ’s evidence “not credible” and expressed concern that Defendant Bovino had admitted to lying about the use of tear gas.

Update 7: On Nov. 19, the 7th Circuit Court of Appeals stayed the district court’s preliminary injunction, calling the lower court’s order “overbroad” in the range of defendants it enjoined and “too prescriptive” in its attempt to prohibit the use of certain riot control weapons. At the same time, the court cautioned that its order does not preclude “a more tailored and appropriate” preliminary injunction, warning: “[d]o not overread today’s order.”

Update 8: On Nov. 20, District Judge Ellis issued a written opinion explaining the Court’s Nov. 6 preliminary injunction.

O’Hara v. Beck (D.D.C.)

1:25-cv-03753

Complaint

2025-10-23Awaiting Court RulingCivil Liberties and RightsCriminal Arrests and Prosecutions2025-10-23

Sam O’Hara, a 35-year-old District of Columbia resident, brings this action against Sgt. Devon Beck of the Ohio National Guard, four Metropolitan Police Department (MPD) officers (Campbell, Brown, Reyes-Benigno, and Lopez Martinez), and the District of Columbia. The complaint arises from events on Sept. 11, 2025, when O’Hara, peacefully protesting the National Guard’s presence in D.C. by walking behind Guard members, playing “The Imperial March,” and recording the encounter, was threatened by Sgt. Beck, who called MPD. The officers detained O’Hara, handcuffed him tightly, and prevented further protest without conducting any investigation or having probable cause, allegedly causing him pain and anxiety while aggravating a prior shoulder injury. The complaint contends O’Hara’s actions were non-disruptive, posed no interference, and were clearly protected First Amendment activity, as he did not assault, harass, or block the Guard members. Key allegations include First Amendment violations (suppression of speech and retaliation) under 42 U.S.C. § 1983, Fourth Amendment claims for unreasonable seizure and excessive force, D.C. common law false arrest/false imprisonment, and battery, holding the District vicariously liable for its officers’ conduct. O’Hara seeks declaratory judgments that his constitutional and common law rights were violated, compensatory and punitive damages, attorneys’ fees, costs, and any further relief the Court deems just and proper, as well as a trial by jury. This suit aims to ensure accountability for the alleged unlawful suppression of peaceful protest and vindicate fundamental constitutional rights.

Swalwell v. Pute (D.D.C.)

1:25-cv-04125

Complaint

2025-11-25Awaiting Court RulingCivil Liberties and RightsCriminal Arrests and Prosecutions2025-11-25

[Coming soon - On Nov. 25, Representative Eric Swalwell sued Federal Housing Finance Agency (FHFA) Director William Pulte, alleging that the administration unlawfully leaked Swalwell’s private mortgage records to manufacture a politically motivated criminal investigation in retaliation for his criticism of the president.]

Longworth v. Trump (D. Or.)

6:25-cv-02268

Complaint

2025-12-05Government Action Temporarily BlockedCivil Liberties and RightsCriminal Arrests and Prosecutions2025-12-10

In January 2025, the federal government issued new regulations authorizing the Secretary of Homeland Security to protect federal buildings and property. The finalized rules took effect on November 5, 2025. On December 5, individuals Christina Longworth and Anna Lardner were arrested while protesting outside an Immigration and Customs Enforcement (ICE) facility in Eugene, Oregon. Longworth and Lardner subsequently filed a complaint on behalf of themselves and other similarly situated individuals, alleging they had been arrested under regulations that unlawfully expanded federal agents’ ability to target lawful conduct and in violation of Plaintiffs’ First Amendment rights. Plaintiffs allege that Defendants President Donald Trump, the Department of Defense, and Secretary Kristi Noem and their agents unlawfully threatened and arrested Plaintiffs in retaliation for vocally protesting outside of the Eugene ICE building. Plaintiffs say this will have a chilling effect on protected First Amendment activities. Plaintiffs also allege these regulations are unlawful under the Administrative Procedure Act, and seek declaratory and injunctive relief to prevent the defendants from continuing these actions.

Dec. 10, 2025: Judge Aiken granted Plaintiffs’ motion for a temporary restraining order, temporarily blocking the administration from enforcing arrests for “loud or unusual noise” under 6 CFR § 139.35(c) on the sidewalks surrounding the federal building located between 6th and 7th Avenues and Pearl and High Streets in Eugene, Oregon.

State of Illinois v. Department of Homeland Security (N.D. Ill.)

1:26-cv-00321

Complaint

2026-01-12State A.G. PlaintiffsAwaiting Court RulingCivil Liberties and RightsCriminal Arrests and Prosecutions2026-01-12

Beginning in September 2025, the Department of Homeland Security (DHS) deployed personnel from Border Patrol to Illinois to conduct immigration enforcement as part of “Operation Midway Blitz”. On Jan. 12, 2026, the State of Illinois and the city of Chicago filed suit against DHS, alleging that the Border Patrol deployment to Chicago was an unlawful and coercive campaign that culminated in a militarized Border Patrol using “violent tactics” with “deadly results.” The complaint states that "uniformed, military-trained personnel, carrying semi-automatic firearms and military-grade weaponry, have rampaged for months through Chicago and the surrounding areas, lawlessly stopping, interrogating and arresting residents, and attacking them with chemical weapons." Plaintiffs contend that these actions are in retaliation for the failure of Illinois and Chicago to accept the administration’s immigration policies, in particular the TRUST act, which prohibits Chicago state and local employees from participating in civil immigration enforcement operations. Plaintiffs argue that the defendants’ conduct violates the Tenth Amendment since it impedes Illinois and Chicago from carrying out core sovereign functions, including providing public safety and enforcing state statutes. The complaint also asserts that the policies of the Border Patrol, including policies which allow roving patrols, biometric scanning, warrantless arrests, deployment of tear gas, enforcement at sensitive locations, concealing license plates and private trespass, violate the Administrative Procedure Act (APA) as they exceed defendants’ statutory authority and are arbitrary and capricious as well as ultra vires. The plaintiffs seek declaratory and injunctive relief vacating the policies and declaring the government’s actions unconstitutional and enjoining defendants from engaging in conduct under the policies asserted to be illegal.

State of Minnesota v. Noem (D. Minn.)

0:26-cv-00190

Complaint

2026-01-12State A.G. PlaintiffsAwaiting Court RulingCivil Liberties and RightsCriminal Arrests and Prosecutions2026-01-14

Beginning in December 2025, the Department of Homeland Security (DHS) deployed personnel from Border Patrol and ICE to Minnesota to conduct immigration enforcement as part of “Operation Metro Surge”. On Jan. 12, 2026, the State of Minnesota and the cities of Minneapolis and St. Paul (the “Twin Cities”) filed suit against DHS, alleging that the mass deployment of armed immigration agents is a politically motivated, unconstitutional immigration enforcement campaign marked by racial profiling, excessive force, and widespread disruption. Plaintiffs contend that the decision to target the Twin Cities is motivated by a desire to punish Minnesota for voting against President Trump in the 2024 election and in retaliation for the failure of the Twin Cities to accept the administration’s immigration policies, and argue the administration’s statements justifying its actions in Minnesota as based on cases of fraud in the state are pretextual.

In the complaint, the State of Minnesota asserts a violation of Equal Sovereignty based on disparate treatment. Plaintiffs further argue that the defendants’ conduct violates the Tenth Amendment and is ultra vires as it impedes both the State and the Twin Cities from carrying out core sovereign functions, including policing and crime control and maintaining public schools. In addition, the plaintiffs contend that the defendants’ violations of state law and city ordinances and use of excessive force, warrantless arrests, enforcement at sensitive locations, and activity taken as if near the border constitute violations of the Administrative Procedure Act (APA) as contrary to law and arbitrary and capricious. They also assert violations of the First Amendment as unconstitutional retaliation and viewpoint discrimination. The plaintiffs seek declaratory and injunctive relief declaring the government’s actions unconstitutional and enjoining defendants from engaging in specifically described conduct. The same day, plaintiffs also moved for a temporary restraining order.

Jan. 14, 2026: Judge Menendez declined to grant an ex parte TRO without giving the Defendants an opportunity to respond to the motion for injunctive relief and will treat the Plaintiffs’ Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction.

Taylor v. Trump (D.D.C.)

1:25-cv-01161
1:25-cv-03742

Complaint


Re-filed Complaint

2025-04-16Awaiting Court RulingCivil Liberties and RightsConditions of Imprisonment (Restoring the Death Penalty and Protecting Public Safety - Executive Order 14164) (Attorney General Memorandum, Feb. 5, 2025)2025-10-21

The plaintiffs, a group of individuals whose federal death sentences were commuted by President Biden, filed a complaint against President Trump, Attorney General Bondi, the Federal Bureau of Prisons (BOP), and other DOJ and BOP employees in their official capacity. The plaintiffs challenge Executive Order 14164, issued by President Trump, which directed the Attorney General to ensure their imprisonment in conditions reflecting the severity of their crimes. The Bondi Memo implemented this order, mandating their indefinite incarceration at ADX Florence, the only federal supermax prison. Plaintiffs allege that the redesignation process was a sham, denying them procedural due process and equal protection. They claim the conditions at ADX Florence constitute cruel and unusual punishment and deliberate indifference to their medical and mental health needs. Additionally, they argue that the redesignation directive is a bill of attainder and violates the Ex Post Facto Clause by retroactively increasing the severity of their punishment. The plaintiffs assert that these actions interfere with the clemency power of President Biden's commutation orders. They also contend that the defendants' actions exceeded statutory authority and were arbitrary and capricious under the Administrative Procedure Act (APA). The complaint seeks declaratory and injunctive relief to overturn EO 14164 and the Bondi Memo, ordering appropriate redesignation based on initial BOP decisions. The plaintiffs also request costs and attorneys' fees for the legal proceedings.

Update 1: On May 2, Defendants filed a motion opposing Plaintiffs’ motion for a preliminary injunction.

Update 2: On May 12, Plaintiffs filed a reply memorandum in further support for their motion for a preliminary injunction, claiming that the Defendants stopped the lawful process to impose an extra-judicial punishment. Plaintiffs claim that they are likely to prevail on the merits, they will suffer irreparable harm if the Court does not intervene, and the balance of equities and public interest weighs heavily in their favor.

Update 3: On May 27, Judge Timothy Kelly denied Plaintiffs’ motion for a preliminary injunction Judge Kelly’s opinion noted Plaintiffs have failed to demonstrate that they are likely to succeed on the merits of their claims, because they have not exhausted all available administrative remedies.

Update 4: On Oct. 21, plaintiffs refiled after moving to suspend briefing pending completion of administrative appeals and then voluntarily dismissing their original case. They re-filed “out of an abundance of caution” given the D.C. Circuit’s “strict interpretation” of the Prison Litigation Reform Act in Jackson v. District of Columbia, 254 F.3d 262 (D.C. Cir. 2001).

League of United Latin American Citizens (LULAC) v. Executive Office of the President (D.D.C.)

1:25-cv-00946

Complaint

2025-03-31Government Action BlockedCivil Liberties and RightsElection Law (Executive Order 14248)2025-12-23

On March 25, 2025, President Trump signed an Executive Order (EO) titled “Preserving and Protecting the Integrity of American Elections,” which directs the Election Assistance Commission (EAC) to require documentary proof of U.S. citizenship on voter registration forms and conditions federal funding to states based on compliance with the EO. Plaintiffs are three nonprofits, the League of United Latin American Citizens (LULAC), the Secure Families Initiative (SFI), and the Arizona Students’ Association (ASA). They allege that the EO violates the separation of powers, the Electors and Election Clauses of the Constitution, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), and the Administrative Procedure Act (including allegedly making “arbitrary and capricious” changes to the Federal Form and Federal Post Card Application). Plaintiffs request that the Court declare that the EO is unlawful and unconstitutional, enjoin the implementation and enforcement of the EO, and block the Department of Justice (DOJ) and Attorney General Pam Bondi from taking action that would prohibit the counting of valid mail-in and absentee ballots.

April 3, 2025: This case was consolidated with Democratic National Committee v. Trumpand League of Women Voters Education Fund v. Trump. These cases will proceed under League of United Latin American Citizens v. Executive Office of the President.

April 4, 2025: The nonpartisan plaintiffs filed a motion to clarify the consolidation order to allow them to brief the issues in the case separately from the Democratic Party plaintiffs, and to expedite the hearing and briefing on their motion for a preliminary injunction.

April 5, 2025: Judge Colleen Kollar-Kotelly issued an order modifying the consolidation order to allow the plaintiffs to rule separately.

April 7, 2025: Nonpartisan plaintiffs filed a motion for a preliminary injunction blocking enforcement of the EO. In an accompanying memorandum, plaintiffs reassert that the EO violates Constitutional protections for federalism and the separation of powers.

April 7, 2025: Democratic Party plaintiffs filed a motion for a preliminary injunction blocking enforcement of the EO. In an accompanying memorandum, plaintiffs reassert that the EO violates Constitutional protections for federalism and the separation of powers.

April 24, 2025: Judge Kollar-Kotelly granted a preliminary injunction, with the exception of the Democracy Party Plaintiffs’ motions as to Sections 2(b), 7(a), and 7(b) of the EO.

May 31, 2025: Defendants answered LULAC’s complaint. On June 1, Defendants answered the Democratic National Committee’s (DNC) complaint. On June 7, Defendants answered the League of Women Voters’ complaint. In each instance, Defendants argued that Plaintiffs’ claims are not ripe and that Plaintiffs lack standing to bring their claims.

June 12, 2025: Judge Kollar-Kotelly allowed the Republican National Committee (RNC) to intervene as a Defendant in the consolidated cases against Plaintiffs’ claims regarding Sections 2(a), 2(b), 2(d), 3(a), and 7(a) of the EO. On that same day, RNC answered the complaints of each of the consolidated cases. RNC’s answers to LULAC, DNC, and League of Women Voters denied the plaintiffs’ allegations and argued that Plaintiffs failed to state a claim for which relief could be granted. Additionally, RNC’s answer to League of Women Voters alleged that the League of Women Voters lacked standing to bring forth their claims.

Aug. 28, 2025: Judge Kollar-Kotelly denied Defendants’ motion to strike, deny, or defer consideration of Plaintiff’s motion for partial summary judgment.

Sept. 17, 2025: Democratic Party Plaintiffs and Defendants filed a joint stipulation of partial dismissal of claims challenging Sections 4(b), 4(c), and 4(d) of EO 14248. This includes ultra vires claims as to Sections 4(b) and 4(c) in Count 1, Plaintiffs’ separation of powers/unlawful intrusion upon congressional authority claims as to Sections 4(b) and 4(c) in Count II, Plaintiffs’ separation of powers/usurpation of Congress’s spending powers claim as to Section 4(d) in Count IV and Plaintiffs’ APA claims as to Section 4(b) and 4(c) in count XI.

Oct. 31, 2025: District Judge Kollar-Kotelly granted Plaintiffs’ motion for partial summary judgment on their constitutional separation of powers claims and issued a permanent injunction against the administration blocking Section 2(a) of Executive Order 14248, which directs the Election Assistance Commission to require documentary proof of U.S. citizenship to apply for mail-in-voting. The court noted that Congress has never assigned nor intended to assign any responsibility with respect to mail-in-voting to the President or Executive Branch with the power to act unilaterally.

Dec. 23, 2025: Defendants filed notice of appeal.

Democratic National Committee v. Trump (D.D.C.)

1:25-cv-00952

Complaint

2025-03-31Government Action BlockedCivil Liberties and RightsElection Law (Executive Order 14248)2025-12-23

On Mar. 25, 2025, President Trump signed an Executive Order (EO) titled “Preserving and Protecting the Integrity of American Elections.” Among its requirements, the EO directs the Election Assistance Commission (EAC) to require documentary proof of U.S. citizenship on voter registration forms and provides that the Department of Homeland Security and DOGE shall review each state’s voter registration lists. The EO also directs the Attorney General to take action against states that count absentee or mail-in ballots received after Election Day, and it conditions various federal funding on compliance with the Executive Order. The Democratic National Committee (DNC), Democratic Governors Association, Democratic Senatorial Campaign Committee (DSCC), Democratic Congressional Campaign Committee (DCCC), U.S. Senate Minority Leader Chuck Schumer, and U.S. House Minority Leader Hakeem Jeffries challenged the EO, alleging that the President does not have legal authority to impose these policy changes, and that the Constitution reserves such authority to the states and to Congress. They further allege that the EO will make it harder to register to vote, cast a ballot, and to administer fair elections, and that it violates individual privacy rights. Plaintiffs brought 11 counts, alleging (1) Ultra Vires presidential action; (2) Violation of the Separation of Powers with respect to various congressional and state authorities; (3) Administrative Procedure Act (APA) violations with respect to various statutes; and (4) APA violations with respect to various constitutional provisions. Plaintiffs requested that the court declare the relevant sections of the EO unlawful and preliminarily and permanently enjoin the various government departments from taking any action to implement the EO.

April 3, 2025: This case was consolidated with League of Latin American Citizens v. Executive Office of the President and League of Women Voters Education Fund v. Trump. These cases will proceed under League of United Latin American Citizens v. Executive Office of the President.

League of Women Voters Education Fund v. Trump (D.D.C.)

1:25-cv-00955

Complaint

2025-04-01Government Action Temporarily BlockedCivil Liberties and RightsElection Law (Executive Order 14248)2025-12-23

On Mar. 25, 2025, President Donald Trump signed an Executive Order (EO) titled “Preserving and Protecting the Integrity of American Elections,” which directs the Election Assistance Commission (EAC) to require documentary proof of U.S. citizenship on the federal voter registration form (“Federal Form”) and conditions federal funding to states based on compliance with the EO. Plaintiffs are seven voting rights organizations, including multiple branches of the League of Women Voters (LMV), the Hispanic Federation, and the National Association for the Advancement of Colored People (NAACP). They allege that the EO violates the separation of powers and the National Voter Registration Act. Plaintiffs request that the Court declare that the EO is unlawful and enjoin the implementation of the EO to the extent that it directs the EAC to change the Federal Form.

April 3, 2025: This case was consolidated with League of Latin American Citizens v. Executive Office of the President and Democratic National Committee v. Trump. These cases will proceed under League of United Latin American Citizens v. Executive Office of the President.

State of California v. Trump (D. Mass.)

1:25-cv-10810

Complaint

2025-04-03State A.G. PlaintiffsGovernment Action Temporarily BlockedCivil Liberties and RightsElection Law (Executive Order 14248)2025-11-24

On Mar. 25, 2025, President Trump signed an Executive Order (EO) titled “Preserving and Protecting the Integrity of American Elections.” Among its requirements, the EO directs the Election Assistance Commission (EAC) to require documentary proof of U.S. citizenship on voter registration forms and provides that the Department of Homeland Security and Department of Government Efficiency shall review each state’s voter registration lists. The EO also directs the Attorney General to take action against states that count absentee or mail-in ballots received after Election Day, and it conditions various federal funding on compliance with the EO. Plaintiffs are 19 States that allege the President lacks authority to make the proposed changes to election law, that the EO infringes on the authority of States and Congress to determine election law, and that the EO would impose significant burden on the States to begin immediately conforming to the proposed new policy changes. Plaintiffs challenged six provisions of the EO: (1) Section 2(a), which requires the EAC to require documentary proof of citizenship in its national mail voter registration form; (2) Section 2(d), which requires Federal voter registration departments or agencies to assess citizenship prior to providing a Federal voter registration form to enrollees of public assistance programs; (3) Section 3(d), which requires the Secretary of Defense to require documentary proof of citizenship in the Federal Post Card Application pursuant to the Uniformed and Overseas Citizen Voting Absentee Voting Act; (4) Section 4(a), which requires the EAC to freeze funds to States that do not implement these documentary requirements; (5) Section 7(a), which directs the Attorney General to enforce a new statutory interpretation to disallow counting of ballots received after Election Day; and (6) Section 7(b), which directs the EAC to condition funding to States based on adherence to this interpretation of Election Day. Plaintiffs allege that the President does not have authority to implement these changes to election law. Specifically, they argue that these provisions of the EO are unconstitutional under the Bicameralism, Presentment, Elections, and Electors Clauses (depending on the provisions), ultra vires, in violation of the National Voter Registration Act, violate Separation of Powers, and violate State sovereignty. Plaintiffs have requested the court declare the challenged provisions unconstitutional and void, and to preliminarily and permanently enjoin all Defendants except President Trump from implementing or enforcing the challenged provisions.

Update 1: On Apr. 23, Defendants moved to transfer the case to the District of Columbia and consolidate the case with three other cases challenging the same provisions of the EO. The supporting memorandum of law notes these three DDC cases include: (1) League of United Latin American Citizens v. Executive Office of the President; (2) Democratic National Committee v. Trump; and (3) League of Women Voters Education Fund v. Trump. In the alternative, Defendants moved to stay the case pending the resolution of the aforementioned cases.

Update 2: On May 5, Plaintiffs filed a motion for preliminary injunction and a supporting memorandum of law. The motion seeks relief for five of the six challenged provisions of the EO, including sections 2(a), 2(d), 3(d), 7(a), and 7(b).Plaintiffs argue that these provisions violate constitutional separation of powers, unconstitutionally impose extra-statutory conditions on congressionally appropriated funding, and unlawfully invade State sovereignty.

Update 3: On May 7, Plaintiffs filed a motion in opposition to Defendants’ motion to transfer and consolidate or in the alternative to stay, arguing that there is a strong presumption in favor of Plaintiffs’ choice of forum, that the Plaintiff States have distinct interests and harms from the private plaintiffs in the DDC cases, and that they therefore face severe prejudice if not allowed to litigate on their own timeline.

Update 4: On May 9, the Court denied the transfer, stating that “the differences between the matters counsel against consolidation”, that the interests of justice do not favor transfer, and that a stay is not warranted.

Update 5: On Jun. 13, Judge Casper issued a preliminary injunction blocking the administration from enforcing key parts of the administration’s election Executive Order, which requires states to demand proof of citizenship for voter registration, imposes new requirements on public assistance agencies, and penalizes states for ballot receipt deadlines and ballot curing practices. The court found that the coalition of states suing the government showed a “substantial risk” that their citizens would be disenfranchised.

Update 6: On Jul. 18, Judge Casper issued an amended preliminary injunction following the Supreme Court’s decision in Trump v. CASA limiting the use of nationwide injunctions. The amended order continues to block federal agents from enforcing key aspects of the election Executive Order in Plaintiff States, but no longer applies to all States. The amended order also continues to block federal officials from engaging in national enforcement actions that cannot be limited to non-Plaintiff States, such as updating the federal postcard application for all uniformed and overseas voters.

Update 7: On Jul. 31, Defendants appealed the amended preliminary injunction order to the First Circuit.

Update 8: On Sept. 17, District Court Judge Casper denied the administration's motion to dismiss 19 states’ challenge E.O. 14248, which requires documentary proof of citizenship for federal voter registration programs and conditions Help America Vote Act funding on states adopting Election Day ballot receipt deadlines. The court held the states have standing, allowing a prior preliminary injunction to remain in effect and allowing plaintiff states to proceed with their other causes of action.

Update 9: On Oct. 15, the district court granted Defendants’ motion to stay all deadlines due to lapse in appropriations, but limited the stay to expire on Oct. 31. On Oct. 20, in response to defendants’ motion for clarification, the district court confirmed that the stay ends on Oct. 31, and no other relief was granted.

Update 10: On Nov. 24, the First Circuit lifted its Oct. 14 stay of proceedings entered during the government shutdown.

State of Washington v. Trump (W.D. Wash.)

2:25-cv-00602

Complaint

2025-04-04State A.G. PlaintiffsCase ClosedCivil Liberties and RightsElection Law (Executive Order 14248)2026-01-09

On Mar. 25, 2025, President Trump signed an Executive Order (EO) titled “Preserving and Protecting the Integrity of American Elections.” Among its requirements, the EO directs the Election Assistance Commission (EAC) to require documentary proof of U.S. citizenship on voter registration forms and provides that the Department of Homeland Security and Department of Government Efficiency (DOGE) shall review each state’s voter registration lists. The EO also directs the Attorney General to take action against states that count absentee or mail-in ballots received after Election Day, and it conditions various federal funding on compliance with the EO.

Plaintiffs are the State of Washington and the State of Oregon. They are challenging ten provisions of the EO: (1) Section 2(a), which directs the EAC to require documentary proof of citizenship in its national mail voter registration form; (2) Section 2(b)(iii), which directs the Department of Homeland Security (DHS) and DOGE to review each state’s public voter registration list against federal immigration databases; (3) Section 2(d), which requires Federal voter registration departments or agencies to assess citizenship prior to providing a voter registration form to enrollees of public assistance programs; (4) Section 2(e)(ii), which directs the U.S. Attorney General to enforce federal election laws by using state-issued identification records and driver’s license databases; (5) Section 3(d), which requires the Secretary of Defense to require documentary proof of citizenship for overseas voting; (6) Section 4(a), which directs the EAC to freeze funds to States that do not implement these documentary requirements; (7) Section 4(b), which sets guidelines for voting systems and directs the EAC to review and re-certify voting systems; (8) Section 4(d), which directs DHS and FEMA to consider withholding federal funding based on states’ compliance with the voting system guidelines; (9) Section 5(b), which directs the the U.S. Attorney General to enforce Federal election integrity laws in the states and potentially withhold federal funding to states based on compliance; and (10) Section 7, which directs the Attorney General to take enforcement actions against any states found not in compliance with the EO and the EAC to condition federal funding to states based on their compliance. Plaintiffs allege that the challenged provisions violate the Elections Clause of the Constitution, the Tenth Amendment (powers reserved to the states), the constitutional right to vote, ultra vires and separation of powers principles, the Take Care Clause of the Constitution, and the National Voter Registration Act. Plaintiffs are requesting that the Court declare that these provisions of the EO are unlawful and that the President does not have authority to implement these changes to election law. Plaintiffs are also requesting both a preliminary and a permanent injunction to prevent Defendants from implementing or enforcing these provisions of the EO.

May 29, 2025: Plaintiffs Washington and Oregon filed a motion for partial summary judgment and requested that the Court hold that certain sections of the EO violate the separation of powers principle and enter a declaratory judgment that the Plaintiff States’ ballot-receipt deadlines are not impacted.

Oct. 1, 2025: The Court granted Defendants’ motion for a stay of deadlines based on the current lapse of appropriations. All current case deadlines are stayed pending resolution of the lapse of appropriations. If the lapse of appropriations is more than seven days, the stay shall continue for the length of the lapse plus ten days. If the lapse of appropriations is seven days or less, the stay shall continue for the length of the lapse plus five days.

Jan. 9, 2026: Judge Chun ruled that EO 14,248 violates the separation of powers in its directives §§ 2(a), 4(a), 4(b), 7(a), and 7(b), permanently enjoining enforcement of those provisions while denying or dismissing the remaining claims.

National Council of Jewish Women v. Citizenship and Immigration Services (D. Md.)

8:25-cv-3675

Complaint

2025-11-07Awaiting Court RulingCivil Liberties and RightsChanges to Voter Registration Guidance for Naturalized Citizens2025-11-10

On Aug. 29, 2025, U.S. Citizenship and Immigration Services (“USCIS”) issued a guidance document announcing that non-governmental entities are not permitted to provide voter registration services. The plaintiff, National Council of Jewish Women, is an advocacy organization that regularly provided voter registration assistance to newly eligible voters: those who had recently turned 18 and naturalized citizens. On Nov. 7, 2025, the plaintiff sued USCIS and the Department of Homeland Security over the August USCIS decision banning private voter assistance services. The plaintiff argued that the ban was motivated by discriminatory intent, violating the Fifth Amendment. The plaintiff further argued the ban violated the First Amendment in limiting the right to free expression and association by discouraging voter participation. Finally, the plaintiff alleged the ban was arbitrary and capricious and violated the Administrative Procedure Act (APA). The plaintiff requested that the court find that the voter assistance ban violated the First and Fifth Amendments and the APA, and to temporarily block and permanently prevent Defendants from enforcing the ban.

National Association of Immigration Judges v. Sirce E. Owen (E.D. Va.)

1:20-cv-00731

Complaint

2020-07-01Government Action Blocked Pending AppealCivil Liberties and RightsGovernment Employees' Speech2025-12-19

In July 2020, the National Association of Immigration Judges (NAIJ) filed suit in the Eastern District of Virginia to challenge an employee policy that requires immigration judges to obtain permission before speaking publicly on issues relating to immigration. The NAIJ argued that the policy violates the First and Fifth Amendment rights of its members. The District Court dismissed the case for lack of subject matter jurisdiction, concluding that the policy could only be challenged through the administrative procedures established by the Civil Service Reform Act (CSRA).

The Plaintiffs appealed the dismissal, and on June 3, the Fourth Circuit vacated the dismissal and remanded the case to the district court. The Court held that although the CSRA’s administrative scheme would normally be the appropriate venue for this case, the CSRA “requires a strong and independent Merit Systems Protections Board (MSPB) and Special Counsel” and stated that the principle that “functioning and independent bodies would receive, review, and decide in the first instance challenges to adverse personnel actions affecting covered federal employees has recently been called into question.” In particular, the panel noted that “the Special Counsel and several members of the MSPB have been terminated by the President and the Government has questioned the constitutionality of the removal protections enshrined in the CSRA.”

The Court vacated the case and remanded so that the District Court can evaluate whether the CSRA continues to function as Congress intended in order to determine whether it would be appropriate to strip jurisdiction from the district court.

Dec. 5, 2025: Chief Justice John Roberts placed a hold on the Fourth Circuit’s ruling in the case. The Circuit had overturned a District Court’s dismissal of a challenge to the administration’s policy requiring that immigration judges obtain permission before speaking publicly on issues relating to immigration.

Dec. 19, 2025: The Supreme Court declined to stay the Fourth Circuit’s ruling, finding that the government had not demonstrated that it would otherwise suffer irreparable harm.

American Federation of Government Employees, AFL-CIO v. Kupor (D. Mass.)

1:25-cv-13305

Complaint

2025-11-06Awaiting Court RulingCivil Liberties and RightsGovernment Employees' Speech2025-11-07

In May 2025, the White House and Office of Personnel Management (“OPM”) implemented the “Merit Hiring Plan,” which includes open-ended essay questions in federal civil service job applications, one of which asks prospective employees how they would help advance the President’s Executive Orders and policy priorities. In June 2025, OPM issued updated guidance that states that the essay questions are not mandatory for applicants to answer but are encouraged. On Nov. 6, the American Federation of Government Employees (“AFGE”), the American Federation of State, County and Municipal Employees (“AFSCME”), and the National Association of Government Employees (“NAGE”) sued OPM and its Director Scott Kupor and the United States of America to challenge the inclusion of this question. Plaintiffs argue that the question violates the First Amendment because it functions as viewpoint discrimination that compels speech pertaining to President Trump’s policy priorities and chills speech critical of those policy priorities, as applicants would feel pressured to self-censor and instead give an answer that aligned with the current president’s views in order to remain competitive. Plaintiffs also argue that the question and guidance violate the Privacy Act and are arbitrary and capricious, in violation of the Administrative Procedure Act (“APA”). They further argue that the question’s infringement of First Amendment rights also violates the APA. Plaintiffs request the court find the use of the question to be unlawful, and to both temporarily block and permanently prevent Defendants from using the question in civil service employment, from relying on answers to the question, and from retaining applicants’ answers to the question.

Schnitt v. Bondi (D.D.C.)

1:25-cv-04111

Complaint

2025-11-24Awaiting Court RulingCivil Liberties and RightsGovernment Employees' Speech2025-11-24

[Coming soon]

[Coming soon - On Nov. 24, former Department of Justice attorney and manager of the Witness Protection Program Joseph Schnitt sued Attorney General Pam Bondi and the DOJ alleging that his termination by the Department violated his First Amendment rights.]

Does v. Patel (D.D.C.)

1:25-cv-04258

Complaint

2025-12-08Awaiting Court RulingCivil Liberties and RightsGovernment Employees' Speech2025-12-08

On Dec. 8, twelve anonymous former Federal Bureau of Investigations (FBI) agents sued several federal agencies and offices, including the FBI and the Department of Justice (DOJ), alleging they were demoted or fired in retaliation for kneeling during a 2020 protest as a de-escalation tactic, conduct that the administration has characterized as participating in the demonstration. Plaintiffs allege their firing was politically motivated, and violated their First and Fifth Amendment rights. The lawsuit alleges that Defendant Kashyap Patel, Director of the FBI, circumvented established FBI procedures in terminating the Plaintiffs. Plaintiffs allege Defendants’ actions violate their First Amendment right since they constitute retaliation for perceived political affiliation and their Fifth Amendment substantive and procedural due process rights. They also allege that Defendants violated the Separation of Powers and acted ultra vires. Plaintiffs seek declaratory relief, backpay, and reinstatement to their positions, and ask the court to enjoin Defendants from taking any further adverse personnel action against each of them.

Aaron v. Bondi (D.D.C.)

1:25-cv-04250

Complaint

2025-12-08Awaiting Court RulingCivil Liberties and RightsRetaliation Against Protected Speech2025-12-08

The app ICEBlock, on which users can report sightings of Immigration and Customs Enforcement (ICE) agents, was created in early 2025 in response to the Trump Administration’s campaign to arrest, detain, and deport immigrants. In October, Attorney General Pam Bondi remarked on Fox News that the Trump Administration had reached out to Apple requesting the removal of ICEBlock from their App Store, which Apple subsequently did. On December 8, the creators of ICEBlock sued the administration to challenge the removal of the app. Plaintiffs allege that the administration illegally threatened to prosecute the app’s creators and pressured Apple to remove the app from its App Store, which the creators claim had more than one million users. Plaintiffs allege that government officials have unlawfully threatened to criminally investigate and prosecute the app’s creator, Joshua Aaron, for his role in developing the app. Plaintiffs claim these threats, along with the administration’s pressuring of Apple into removing the app, constitute violations of their First Amendment rights. Plaintiffs seek declaratory relief and ask that the court permanently enjoin Defendants from demanding Apple to stop distribution of the App, and from investigating or prosecuting Aaron.

Jeanne M. Marrazzo v. Robert F. Kennedy Jr. (D. Md.)

1:25-cv-04144

Complaint

2025-12-16Awaiting Court RulingCivil Liberties and RightsRetaliation Against Protected Speech2025-12-16

On Dec. 16, 2025, Jeanne Marrazzo, former National Institutes of Health (NIH) Director of the National Institute of Allergy and Infectious Diseases, filed a complaint against Robert F. Kennedy and several other Department of Health and Human Services officials for removing Marrazzo from her position following her objections to new NIH policies. After being placed on administrative leave, Dr. Marrazzo filed a whistleblower retaliation complaint and a disclosure of government wrongdoing with the U.S. Office of Special Counsel (OSC) in September 2025, and was terminated three weeks later. Plaintiff alleges that her termination is a violation of the Civil Service Reform Act of 1978 (CSRA), the Due Process Clause of the Fifth Amendment, the First Amendment as retaliation for protected speech, the Whistleblower Protection Act (WPA), 5 U.S.C. § 2302(b) as illegal retaliation for engaging in protected activity, and the Administrative Procedure Act (APA) as arbitrary and capricious and contrary to constitutional rights. She seeks declaratory relief, backpay, and reinstatement to her position and asks the court to enjoin Defendants from taking any further adverse personnel action against her.

Tincher v. Noem (D. Minn.)

0:25-cv-04669

Complaint

2025-12-17Awaiting Court RulingCivil Liberties and RightsRetaliation Against Protected Speech2025-12-19

[Coming soon]

On Dec. 17, 2025, a group of Minnesota residents filed a class action complaint against DHS Secretary Kristi Noem and several other DHS officials for ICE officers’ actions during recent protests, which allegedly included unlawful seizures and arrests, threats and intimidation tactics, and physical assault of observers and protestors.

Dec. 19, 2025: At a status conference, the court converted Plaintiffs' Motion for a Temporary Restraining Order into a Motion for a Preliminary Injunction.

Kelly v. Hegseth (D.D.C.)

1:26-cv-00081

Complaint

2026-01-12Awaiting Court RulingCivil Liberties and RightsRetaliation Against Protected Speech2026-01-12

On Nov. 18, 2025, Senator Mark Kelly and five other members of Congress posted a video titled “Don’t Give Up The Ship” which reminded service members that they can refuse illegal orders. On January 5, 2026, Secretary of Defense Pete Hegseth issued a censure letter to Senator Kelly based on determinations that statements in the video undermined the chain of command, counseled disobedience, created confusion about duty, brought discredit upon the armed forces, and was conduct unbecoming an officer. Kelly was subsequently referred to retirement grade determination proceedings. On Jan. 12, 2026, Kelly filed a complaint challenging the censure and related efforts to reopen and reduce his retired military grade. The complaint alleges that the censure and reopening of plaintiff’s grade determination violates the First Amendment as retaliation for protected speech, the Speech or Debate Clause of the U.S. Constitution as his statements were legislative acts and thus not subject to any adversarial proceedings, Separation of Powers as Defendants’ action usurps Congress’s authority to punish its own members, the Due Process Clause of the Fifth Amendment as the decision to censure was preordained, 10 U.S.C. § 1370 which the complaint contends requires that only the Secretary of the Navy, not the Secretary of Defense, can reopen a retirement grade determination and then only for good cause, and the Administrative Procedure Act as contrary to law and arbitrary and capricious. The plaintiff seeks a declaratory judgment that the defendants’ actions were unlawful and an order vacating and enjoining the Defendants’ actions.

Jan. 12, 2026: Plaintiff moved for a temporary restraining order and preliminary injunction.

Maria Moe v. Donald Trump, et al (D.D.C.)

1:25-cv-10195

Complaint

2025-01-26Government Action Temporarily BlockedCivil Liberties and RightsHousing of Transgender Inmates (Executive Order 14168)2025-11-17

Trump’s Executive Order mandates that federal inmates be housed according to sex defined as “immutable biological classification,” regardless of gender identity, and directs the Bureau of Prisons not to expend federal funds on gender-affirming care. The plaintiff, Maria Moe, is a transgender female federal inmate who was placed in a Special Housing Unit to await transfer to a men’s facility. The suit seeks to enjoin the Executive Order on the basis that it violates the 5th Amendment by discriminating against transgender individuals on the basis of sex and gender identity; the 8th Amendment by subjecting Moe to risk to life and dignity; the Rehabilitation Act by failing to accommodate Moe’s gender dysphoria; and the Administrative Procedure Act by doing so in an arbitrary and capricious manner.

Update 1: On Jan. 26, the judge reportedly issued a temporary restraining order requiring prison officials to maintain Moe's medical care and not to transfer her from the general population of the women's facility.

Update 2: On Feb. 7, the judge issued an order transferring the case “to the United States District Court for the district in which [Moe] is currently confined” and terminating proceedings in the District of Massachusetts. The order does not identify the District, noting that “[t]he parties are familiar with the proper district based on the sealed documents previously filed in this matter.”

Update 3: On Mar. 10, the court granted the plaintiff a preliminary injunction and ordered that defendants maintain and continue the plaintiff’s housing status and medical care as they existed immediately prior to January 20, 2025.

Update 4: On Apr. 5, the court sealed the case due to logistical and technical difficulties.

Update 5: On Apr. 10, the court unsealed the case again with both parties agreeing that this case need not remain under seal, but rather, can proceed under the same protections as in other like cases.

Update 6: On May 22, the court extended the preliminary injunction until Aug. 23, 2025.

Update 7: On Aug. 20, the court extended the preliminary injunction until Nov. 21, 2025.

Update 8: On Nov. 17, the court extended the preliminary injunction until Feb. 19, 2026.

Doe v. McHenry (D.D.C.)

1:25-cv-00286

Complaint

2025-01-30Government Action Temporarily BlockedCivil Liberties and RightsHousing of Transgender Inmates (Executive Order 14168)2025-08-21

Trump’s Executive Order mandates that federal inmates be housed according to sex defined as “immutable biological classification,” regardless of gender identity, and directs the Bureau of Prisons not to expend federal funds on gender-affirming care. The plaintiffs are three transgender women federal inmates, have been diagnosed with gender dysphoria, and are housed in female facilities. All have been informed that they will be transferred imminently to men’s facilities. The suit seeks a declaratory judgement that the executive order violates the plaintiffs’ rights under the 5th Amendment by discriminating on the basis of sex; the 8th Amendment by failure to protect through exposing plaintiffs to risk of serious harm and by cruel and unusual punishment by refusing necessary medical care; the Rehabilitation Act by failing to accommodate plaintiffs’ gender dysphoria and disability discrimination; and the Administrative Procedure Act by doing so in an arbitrary and capricious manner. The complaint seeks a preliminary and permanent injunction prohibiting the government from carrying out the executive order and requiring it to maintain the plaintiffs’ housing and medical treatment consistent with the status quo prior to the order.

Update 1: On Feb. 4, 2025, Judge Royce Lamberth issued a temporary restraining order and enjoined the government blocking it from transferring the plaintiffs or from discontinuing the plaintiffs’ medical care.

Update 2: On Feb. 18, Judge Lamberth granted the preliminary injunction, enjoining implementation Section 4(a) and 4(c) of the Executive Order against plaintiffs.

Update 3: On Feb. 21, Plaintiffs filed a memorandum and motion for a TRO and expanded the preliminary injunction to cover all Plaintiffs in the First Amendment Complaint.

Update 4: On Feb. 24, Judge Lamberth issued an Order granting the request for an expanded preliminary injunction covering the additional plaintiffs.

Update 5: On Mar. 14, Plaintiffs filed an amended complaint to add Plaintiffs Rachel and Ellen Doe, who were already transferred to male facilities. On the same day, Plaintiffs Rachel and Ellen Doe filed a motion for a further TRO. On Mar. 18, Plaintiffs filed a motion to convert their pending motion for a further TRO to a motion for a preliminary injunction and TRO.

Update 6: On Mar. 19, Judge Royce Lamberth granted Plaintiffs Rachel and Ellen Doe’s motion for a preliminary injunction.

Update 7: On Apr. 2, the Defendants filed a notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit regarding the preliminary injunction.

Update 8: On May 12, Plaintiffs filed an unopposed motion for a renewed preliminary injunction, which was granted by Judge Lamberth on May 15.

Update 9: On June 4, Defendants appealed Judge Lamberth’s May 15 preliminary injunction order to the D.C. Circuit.

Update 10: On Aug. 20, Judge Lamberth granted Plaintiff’s motion for a renewed preliminary injunction which was filed, unopposed, on Aug.15.

Update 11: On August 21, Defendants filed a notice of appeal to the United States Court of Appeals for the District of Columbia as to Judge Lamberth’s August 20 preliminary injunction order.

Jones v. Trump (D.D.C.)

1:25-cv-00401

Complaint (Feb. 10, 2025)

Amended Complaint (Feb. 28, 2025)

2025-02-10Government Action Temporarily BlockedCivil Liberties and RightsHousing of Transgender Inmates (Executive Order 14168)2025-08-21

Trump’s Executive Order 14168 mandates that federal inmates be housed according to sex defined as “immutable biological classification,” regardless of gender identity, and directs the Bureau of Prisons not to expend federal funds on gender-affirming care.

Plaintiff is a transgender woman who had previously been transferred from a women’s to a men’s unit of a BOP facility. She has since been transferred back, but she “now fears at any moment she will again be transferred to a men’s prison pursuant to Executive Order 14166[sic].” Plaintiff alleges that she is unsafe in any men’s prison, and she is also at imminent risk of losing access to medical care to treat her gender dysphoria. She brings claims alleging violations of the Fifth Amendment, Eighth Amendment, Rehabilitation Act, and Administrative Procedure Act, and she seeks declaratory and injunctive relief to enjoin enforcement of the EO.

Update 1: Feb. 21, Plaintiff filed a motion for a TRO and preliminary injunction on an emergency basis to stop Defendants from enforcing two sections of Executive Order 14168: Section 4(a), which requires inmate segregation based on biological sex, and Section 4(c), which bars federal prisons from providing medical care that would align inmates' physical characteristics with their gender identity.

Update 2: On Feb. 24, the court granted plaintiff's motion for a TRO and Preliminary Injunction, stopping the Administration from enforcing Sections 4(a) and 4(c) of Executive Order 14168 and maintaining Plaintiff’s housing and medical treatment.

Update 3: On Feb. 28, four additional Plaintiffs were added through an Amended Complaint, and they submitted a motion for a TRO and preliminary injunction.

Update 4: On Mar. 3, the court granted Plaintiffs’ motion to extend the TRO and preliminary injunction to the new plaintiffs added by the amended complaint.

Update 5: On Apr. 2, Defendants appealed the Feb. 28 and Mar. 3 orders granting the emergency applications for a TRO and preliminary injunction.

Update 6: On Apr. 30, Defendants filed a motion to stay further proceedings until August 30, 2025, which was granted on May 13.

Update 7: On May 16, Plaintiffs filed an unopposed motion for a renewed preliminary injunction.

Update 8: On June 4, Defendants appealed the May 22 order granting a renewed preliminary injunction.

Update 9: On Aug. 20, Judge Lamberth granted Plaintiff’s motion for a renewed preliminary injunction which was filed, unopposed, on Aug.18.

Update 10: On August 21, Defendants filed a notice of appeal to the United States Court of Appeals for the District of Columbia as to Judge Lamberth’s August 20 preliminary injunction order.

Kingdom v. Trump (D.D.C.)

1:25-cv-00691

Complaint

2025-03-07Government Action Temporarily BlockedCivil Liberties and RightsHousing of Transgender Inmates (Executive Order 14168)2025-06-24

Trump’s Executive Order 14168 (“EO”), issued on January 20, 2025, mandates that federal inmates be housed according to sex defined as “immutable biological classification,” regardless of gender identity, and directs the Bureau of Prisons not to expend federal funds on gender-affirming care. Plaintiffs, three transgender individuals currently incarcerated in federal prisons who are diagnosed with gender dysphoria, brought the lawsuit to represent all current and future federal inmates diagnosed with gender dysphoria who are impacted by the executive order's ban on gender-affirming care. The lawsuit argues that the EO violates their constitutional rights under the Eighth Amendment (protection against cruel and unusual punishment), Equal Protection Clause, Rehabilitation Act, and Administrative Procedure Act.

Update 1: On Mar. 17, Plaintiffs filed a motion for a preliminary injunction, to stay agency action, and for provisional class certification for the purpose of emergency relief.

Update 2: On Mar. 28, Defendants filed a response to Plaintiffs’ Mar. 17 motions, requesting that the court deny Plaintiffs’ motions for a preliminary injunction and class certification.

Update 3: On Apr. 4, Plaintiffs filed a reply in support of their motion for preliminary injunction, to stay agency action and for class certification.

Update 4: On June 3, Judge Royce C. Lambert granted both the motion for class certification and the motion for a preliminary injunction, ruling that the Defendants are required to restore and maintain access to treatment for both those previously receiving treatment as well as any existing or future class member determined to be in need of treatment while this dispute is pending.

Update 5: On June 24, Defendants answered Plaintiffs’ complaint, arguing that Plaintiffs have failed to state a claim for which relief can be granted and to exhaust their administrative remedies. Additionally, Defendants allege that Plaintiffs’ requested relief would violate the Prisoner Litigation Reform Act.

Philadelphia Yearly Meeting of the Religious Society of Friends, et al. v. U.S. Department of Homeland Security (D. Md.)

8:25-cv-00243

Complaint

2025-01-27Government Action Temporarily BlockedCivil Liberties and RightsImmigration enforcement against places of worship and schools (Policy Memo)2025-05-01

On January 20, 2025 the Department of Homeland Security (DHS) issued a directive rescinding the Biden Administration’s guidelines for ICE and CBP enforcement actions that restricted agents from conducting immigration enforcement in or near “sensitive” areas, such as places of worship, schools, and hospitals. Under the new policy guidance, immigration enforcement in such areas would only be subject to the enforcement officers’ “common sense.” The plaintiffs, a coalition of Quaker congregations, seek to enjoin enforcement of this policy change and request a court declaration that any government policy permitting immigration enforcement based solely on subjective common sense is an unconstitutional violation of the freedom of expressive association under the First Amendment. Their complaint also claims that the new policy violates the Religious Freedom and Restoration Act and the Administrative Procedure Act (APA).

Feb. 4, 2025: Plaintiffs moved for a TRO and preliminary injunction against implementation of the Executive Order.
Feb. 24, 2025: The court granted in part a preliminary injunction against enforcement of the DHS 2025 directive in or near any place of worship owned or used by the plaintiff organizations without an administrative or judicial warrant; and instead requiring adherence to the 2021 guidelines. The court also issued a Memorandum Opinion, which explained its reasons for not issuing a nationwide injunction based on the particulars of the Plaintiffs' organizations and their affidavits.
Apr. 17, 2025: DHS and Noem filed a partial motion to dismiss Plaintiffs’ complaint and supporting memorandum, which request that the Court dismiss Plaintiffs’ APA claims specifically.
Apr. 24, 2025: DHS and Noem appealed the Feb. 24 preliminary injunction order to the Fourth Circuit.
May 1, 2025: Plaintiffs filed a response in opposition to Defendants’ motion to dismiss.

Mennonite Church USA et al. v. United States Department of Homeland Security et al (D.D.C.)

1:25-cv-00403

Complaint

2025-02-11Temporary Block of Government Action DeniedCivil Liberties and RightsImmigration enforcement against places of worship and schools (Policy Memo)2025-05-30

On January 20, 2025, the Department of Homeland Security (DHS) issued a directive rescinding the Biden Administration’s guidelines for ICE and CBP enforcement actions that restricted agents from conducting immigration enforcement in or near “sensitive” areas, such as places of worship, schools, and hospitals. Over two dozen Christian and Jewish religious denominations and associations sued for a preliminary and permanent injunction prohibiting DHS from effectuating the directive. The complaint asserts that DHS’s authorization of immigration enforcement action at plaintiffs’ places of worship in the absence of exigent circumstances or a judicial warrant violates their rights under the Religious Freedom Restoration Act (RFRA) and the First Amendment. In addition, the complaint alleges that DHS’s manner of recission of the “sensitive locations policy” violates legal constraints on agency action.

Update 1: On Feb. 21, Plaintiffs filed a motion for a preliminary injunction enjoining Defendants from carrying out immigration enforcement activities at their places of worship absent exigent circumstances or a judicial warrant.

Update 2: On Mar. 14, Defendants filed a memorandum in opposition to Plaintiffs’ motion for preliminary injunction, claiming that the plaintiffs lack standing, do not sufficiently claim irreparable injury, and that there is not a substantial burden on the plaintiffs’ exercise of their religion.They also claim that the Government has a compelling interest in the uniform enforcement of immigration laws.

Update 3: On Mar. 24, Plaintiffs filed a reply to the Defendants’ motion in opposition.

Update 4: On Apr. 11, Judge Friedrich denied the Plaintiffs’ motion for a preliminary injunction, stating in the accompanying memorandum opinion that the Plaintiffs have not shown a substantial likelihood of standing.

Update 5: On May 30, Plaintiffs appealed Judge Friedrich’s order denying their preliminary injunction motion to the D.C. Circuit.

Denver Public Schools v. Noem (D. Colo.)

1:25-cv-00474

Complaint


Amended Complaint 2025-04-16

2025-02-12Case Closed/Dismissed in Favor of GovernmentCivil Liberties and RightsImmigration enforcement against places of worship and schools (Policy Memo)2025-06-09

On January 20, 2025, the Department of Homeland Security (DHS) issued a directive rescinding the Biden Administration’s guidelines for ICE and CBP enforcement actions that restricted agents from conducting immigration enforcement in or near “sensitive” areas, such as places of worship, schools, and hospitals. Denver Public Schools filed a suit challenging the rescission of the policy, alleging that DHS implemented this major policy change through internal memoranda that have never been publicly released, with the shift announced only through a press release. According to the complaint, the new policy allegedly replaces three decades of formal protections with vague guidance that agents should use "common sense" in deciding whether to conduct enforcement actions at sensitive locations. The Plaintiff argues that this reversal of a decades-old policy constitutes final agency action subject to review under the Administrative Procedure Act, and that DHS failed to meet the basic requirements for changing established policy — including the need to provide reasoned explanation for the change, consider reliance interests, and examine alternatives. The Plaintiff further alleges that DHS’s failure to publish the policy memoranda violates FOIA disclosure requirements. The suit asks the court to enjoin and vacate the new policy and require the 2025 policy to be made public.

Update 1: On Feb. 12, Plaintiffs moved for a TRO and preliminary injunction against enforcement of the Executive Order.

Update 2: On Mar. 7, the court denied Plaintiff’s request for a temporary restraining order or preliminary injunction.

Update 3: On Apr. 16, Plaintiffs filed an amended complaint for declaratory and injunctive relief on the grounds of a claimed “arbitrary, capricious” conduct, constituting a violation of the Administrative Procedure Act, requesting enjoinment and the vacating of the DHS policy.

Update 4: On Apr. 29, the Defendants filed a motion to dismiss, claiming that the Court lacks jurisdiction over this action, the Plaintiffs lack standing, and they failed to state a claim.

Update 5: On June 9, Plaintiffs dismissed all claims in the action in their entirety. The civil case was terminated on that same day.

New England Synod, Evangelical Lutheran Church in America v. Department of Homeland Security (D. Mass.)

4:25-cv-40102

Complaint

2025-07-28Awaiting Court RulingCivil Liberties and RightsImmigration enforcement against places of worship and schools (Policy Memo)2025-08-01

On January 20, 2025, then-Acting Secretary of the Department of Homeland Security Benjamin Huffman rescinded prior enforcement guidelines that restricted immigration enforcement near protected areas, such as places of worship. The change in policy, which reverses two decades of guidance, allows the administration to conduct enforcement at “sensitive locations,” such as schools, shelters, food banks, hospitals, and churches. In the wake of this change, a growing number of immigration enforcement actions have taken place at formerly protected areas, including houses of worship. On July 28, a coalition of religious organizations filed a complaint challenging this rescission, which plaintiffs allege is substantially burdening their religious exercise and chilling their right of expressive association. The plaintiffs allege the new policy violates the Religious Freedom Restoration Act, First Amendment, and the Administrative Procedure Act and seek declarative and injunctive relief.

American Center for International Labor Solidarity v. Chavez-Deremer (D.D.C.)

1:25-cv-01128

Complaint

2025-04-15Awaiting Court RulingCivil Liberties and RightsLabor’s Bureau of International Labor Affairs (ILAB) ending international cooperative agreements on workers’ rights2025-06-30

As part of the Department of Government Efficiency’s (DOGE) efforts to cut spending programs, the Department of Labor (DOL) has terminated all of the Bureau of International Labor Affairs’ (ILAB) external grantmaking and agreements for technical assistance projects. Plaintiffs are nonprofit organizations whose funding for programs to combat child and forced labor internationally was eliminated because of this termination. These organizations allege the termination is an ultra vires action that is contrary to several laws–including the Appropriations Acts, Impoundment Control Act, and Anti-Deficiency Act-in violation of the Administrative Procedure Act (APA). They also allege the termination is an arbitrary and capricious action under the APA, and request the court declare the mass termination of ILAB’s agreements as unlawful and order the reinstatement of the ILAB cooperative agreements.

Update 1: On May 5, Plaintiffs filed a motion for a preliminary injunction.

Update 2: On June 30, Judge Beryl Howell issued a memorandum opinion and denied Plaintiffs’ partial motion for summary judgment on their ultra vires and contrary to law under Anti-Deficiency Act (in violation of the APA) claims. Judge Howell also denied Defendants’ partial cross-motion for summary judgment on the ultra vires and contrary to the Appropriations Acts, Impoundment Control Act, and Anti-Deficiency Act claims under the APA. Plaintiffs’ motion for a preliminary injunction as to their arbitrary and capricious under the APA claim was also denied, as was Defendants’ challenge to the court’s subject-matter jurisdiction.

Orr v. Trump (D. Mass.)

1:25-cv-10313

Complaint

Amended Complaint

2025-04-25

2025-02-07Government Action Not Blocked Pending AppealCivil Liberties and RightsPassport policy targeting transgender people (Executive Order 14168)2025-11-06

On Jan. 20, 2025, the Trump administration issued an executive order stating that there are only two sexes, male and female, and that they are determined by immutable biological factors at conception. The order directed the Secretary of State to change policies related to documents like passports to align with the order’s definition of sex. The State Department subsequently stopped processing passport applications of individuals seeking to change their sex designation, or who selected an “X” designation. Plaintiffs, represented by the ACLU, sued, arguing the policy is unconstitutional and violates the 5th Amendment’s equal protection guarantee by discriminating on the basis of sex and transgender status; violates the Fifth Amendment by restricting the right of free movement and travel; violates the Fifth Amendment by forcing disclosure of private and intimate information; and violates the First Amendment by compelling the speech of transgender applicants through their passports. Plaintiffs also argue the policy is unlawful under the Administrative Procedure Act, as contrary to constitutional rights, powers, and immunities; as an arbitrary and capricious abuse of discretion; and by failing to observe procedures as required by law in instituting the policy without a comment period. They seek a declaratory judgment that the policy is unconstitutional and unlawful; preliminary and permanent injunctions stopping the policy from being implemented; and an order vacating agency actions already taken under the policy.

Update 1: On Feb. 18, Plaintiffs moved for preliminary injunction against enforcement of the Executive Order.

Update 2: On Mar. 12, Defendants filed an opposition to Plaintiffs’ motion to stay agency action and for preliminary injunction.

Update 3: On Mar. 19, Plaintiffs filed a reply in support of their motion to stay agency action and for preliminary injunction.

Update 4: On Mar. 28, Plaintiffs submitted a request to file a short, supplemental memorandum in support of their motion to stay agency action and for preliminary injunction. Plaintiffs’ memorandum provides additional arguments to support their request for the court to order Defendants to temporarily reinstate prior passport policy to restore the status quo.

Update 5: On Apr. 4, Defendants filed a supplemental memorandum in which they requested any warranted relief be issued in the form of a targeted injunction at the particular agency action held to be invalid and limited to the plaintiffs whom the State Department is held to have taken unlawful action against.

Update 6: On Apr. 18, Judge Julia Kobick granted in part and denied in part Plaintiffs’ motion for a preliminary injunction. The order enjoins Secretary of State Marco Rubio against enforcing the passport policy against Plaintiffs and requires that the State Department permit changes to Plaintiffs’ sex designations on their passports, but denies the request for a stay of the passport policy.

Update 7: On Apr. 25, Plaintiffs filed an amended complaint adding Plaintiffs and details on continued harm to the plaintiffs since the initial filing of the lawsuit and on Apr. 30, filed a memorandum of support for the expanded class certification.

Update 8: On June 13, Defendants filed a notice of appeal to the First Circuit as to Judge Julia Kobik’s Apr. 18 Order of Preliminary Injunction.

Update 9: On June 17, Judge Kobick granted the class certification and preliminary injunction.

Update 10: On July 11, Defendants filed a notice of appeal to the First Circuit as to both Judge Kobik’s preliminary injunction and subsequent July 11 denial of Defendants’ motion to dissolve the preliminary injunction.

Update 11: On September 19, the administration asked the Supreme Court to stay an injunction granted earlier in 2025 that blocks the State Department from enforcing a new policy that delays or denies passport applications for individuals whose gender identity does not match their “immutable biological factors at conception.” The Court of Appeals for the First Circuit denied a stay of the injunction earlier in September.

Update 12: On November 6, the Supreme Court granted the administration’s emergency request to stay the district court injunction blocking enforcement of a new passport policy requiring all passports to list an individual’s sex assigned at birth.

Schlacter v. U.S. Department of State (D. Md.)

1:25-cv-01344

Complaint

2025-04-25Government Action Not Blocked Pending AppealCivil Liberties and RightsPassport policy targeting transgender people (Executive Order 14168)2025-12-22

On Jan. 20, 2025, the Trump administration issued an executive order stating that there are only two sexes, male and female, and that they are determined by immutable biological factors at conception. The order directed the Secretary of State to change policies related to documents like passports to align with the order’s definition of sex. The State Department subsequently stopped processing passport applications of individuals seeking to change their sex designation, or who selected an “X” designation. Plaintiffs sued, arguing the policy is unconstitutional and violates the Fifth Amendment’s equal protection guarantee by discriminating on the basis of sex and of transgender status; violates the Fifth Amendment by restricting the right of free movement and travel; violates the Fifth Amendment by forcing disclosure of private and intimate information; and violates the First Amendment by compelling the speech of transgender and nonbinary applicants through their passports. Plaintiffs also argue the policy is unlawful under the Administrative Procedure Act, as contrary to constitutional rights, powers, and immunities and as an arbitrary and capricious abuse of discretion. They seek a declaratory judgment that the policy is unconstitutional and unlawful; and preliminary and permanent national injunctions that stop agencies from implementing the policy as it relates to passports.

May 14, 2025: Plaintiffs filed a motion for a preliminary injunction and supporting memorandum.

Sept. 9, 2025: District Judge George L. Russell granted a preliminary injunction to six transgender individuals denied passports matching their gender identity under a new government policy. The court held the policy violated the Fifth Amendment equal protection guarantee, finding the policy did not satisfy the heightened scrutiny required for sex-based classifications because the rationale for the policy given by the government did “not serve an important governmental interest that is exceedingly persuasive” and because “the discriminatory means employed are not substantially related to the achievement of those objectives.” Judge Russell declined to reach the other constitutional and statutory claims, finding that the equal protection claim was sufficient to grant the injunction. The court dismissed a claim by a seventh plaintiff for lack of standing, and did not extend the preliminary injunction beyond the six successful plaintiffs.

Nov. 6, 2025: In the case of Orr v. Trump, the Supreme Court granted the administration’s emergency request to stay the district court injunction blocking enforcement of a new passport policy requiring all passports to list an individual’s sex assigned at birth.

Dec. 22, 2025: Judge Russell granted parties’ joint motion to stay pending final disposition of related case in the District of Massachusetts.

The Associated Press v. Budowich (D.D.C.)

1:25-cv-00532

Complaint

2025-02-21Government Action Not Blocked Pending AppealCivil Liberties and RightsRestricting Press Freedom2025-07-22

On Feb. 11, 2025, White House officials banned AP journalists from entering areas like the Oval Office and Air Force One as members of the press pool unless the AP began referring to the Gulf of Mexico as the Gulf of America. On Feb. 21, the AP filed suit, claiming that the ban (1) violates the Fifth Amendment’s Due Process Clause on the alleged grounds that the ban removes the AP from spaces it has used “for over a century” and was announced with no prior notice, no written notice, no opportunity to challenge before it took effect, and no formal opportunity to challenge since; and (2) violates the First Amendment on the alleged grounds that the ban is an attempt to compel the AP’s speech and retaliation for the AP’s exercise of its protected rights of expression. The Plaintiff seeks a declaratory judgment that denying AP access is unconstitutional, and a court order that the White House rescind the policy. On Feb. 21, 2025, the AP also filed a motion for a TRO and a motion for a preliminary injunction.

Update 1: On Feb. 24, in a 2-page order, Judge Trevor N. McFadden denied the motion for a temporary restraining order but noted that the court had ordered expedited hearings for consideration of a preliminary injunction.
Update 2: On Mar. 3, Plaintiffs submitted an amended motion for a preliminary injunction, responding to Judge McFadden’s requests for briefings on specific questions, and requesting that the court require Defendants to rescind the ban on AP’s access to spaces open to the White House press pool.
Update 3: Given the amended motion for a preliminary injunction, Judge McFadden ordered the Feb. 21 motion moot on Mar. 4.
Update 4: On Mar. 11, Defendants filed a response opposing the Plaintiff’s motion for a preliminary injunction. They argue that media organizations do not have a Fifth Amendment liberty interest in special access to the President and that it is not a violation of the First Amendment for the President to grant special media access based on the nature of a journalist’s prior coverage.
Update 5: On Mar. 25, Defendants filed a supplemental declaration from Taylor Budowich, the White House Deputy Chief of Staff and Cabinet Secretary. The declaration provides some detail on the process for selecting press pool members and explains the access provided to the Plaintiff.

Update 6: On Apr. 8, the court granted a preliminary injunction on First Amendment grounds.
Update 7: On Apr. 10, Defendants submitted a notice of appeal to DC Circuit.
Update 8: On Apr. 16, the Associated Press submitted a motion to enforce the Apr. 8 preliminary injunction. The government submitted its opposition the following day. On Apr. 18, following a hearing, Judge McFadden denied the motion to enforce. He reportedly said from the bench, “I don’t intend to micromanage the White House;” “I think they are entitled to a presumption of good faith in their actions;” and that it was too soon to draw conclusions as to whether the government was in violation of his order.

Update 9: On June 6, the D.C. Circuit agreed to let the administration ban the Associated Press from the Oval Office, Air Force One, Mar-a-Lago, and “other similar restricted presidential workspaces,” while litigation proceeds. The appeals court kept the injunction in effect for events held in the East Room, which the court recognized as a designated public forum subject to First Amendment protections.

Update 10: On June 10, Plaintiffs filed an emergency petition for rehearing en banc of the stay order in the D.C. Circuit.

Update 11: On July 22, the D.C. Circuit denied Plaintiffs’ motion for en banc reconsideration, holding that the standard for en banc review was not met because the stay was a non-precedential order that did not resolve the appeal’s merits.

Los Angeles Press Club v. Kristi Noem (C.D. Cal.)

2:25-cv-05563

Complaint

Amended Complaint

2025-10-16

2025-06-18Government Action Temporarily BlockedCivil Liberties and RightsRestricting Press Freedom2025-10-21

On June 18, a group of reporters, legal observers and protesters in Southern California filed a lawsuit alleging that Department of Homeland Security officers have targeted and assaulted protesters, reporters covering these events, and legal observers seeking to document the government’s conduct. The group alleges this conduct violates the First, Fourth, and Fifth Amendments, is chilling the right to peacefully report, observe, and protest, and has needlessly caused violence. The group seeks injunctive relief.

Update 1: On June 18, Plaintiffs filed an ex parte application for a temporary restraining order to enjoin Defendants from dispersing, threatening or assaulting the press or legal observers, as well as using several violent means of crowd control.

Update 2: On June 20, Judge Stephen V. Wilson denied Plaintiffs’ ex parte application for a TRO on the grounds that Plaintiffs have not established standing for injunctive relief and that the requested relief was too broad.

Update 3: On July 9, the case was reassigned to District Judge Hernan D. Vera based on its relation to Los Angeles Press Club v. City of Los Angeles, No. 2:25-cv-05423.

Update 4: On July 18, Plaintiffs moved for a preliminary injunction, seeking to enjoin Defendants’ allegedly excessive use of force and asserting they would suffer irreparable harm absent court protection.

Update 5: On Sept. 10, Judge Vera granted Plaintiffs’ motion for a preliminary injunction, finding that federal agents’ use of force had disrupted and would continue to disrupt peaceful protest and media coverage, and holding that Plaintiffs had demonstrated an ongoing risk of future injury.

Update 6: On Sept. 19, Defendants noticed an appeal of the preliminary injunction to the Ninth Circuit and, the same day, filed an ex parte application in the district court to stay the Sept. 10 preliminary injunction pending appeal.

Update 7: On Sept. 22, Judge Vera denied Defendant’s Sept. 10 ex parte application to stay the Sept. 10 preliminary injunction pending appeal, noting that in the nine days between entry of the PI and Defendants’ ex parte application, Defendants had been able to comply with the injunction without difficulty and could continue to do so.

Update 8: On Oct. 9, Defendants filed a motion in the Ninth Circuit to stay the district court’s PI pending appeal. On Oct. 10, Plaintiffs moved to strike that motion, arguing that the parallel stay request in the district court had not yet been resolved.

Update 9: On Oct. 16, Plaintiffs filed an amended complaint in the district court, reasserting the case as a putative class action, adding a plaintiff and several defendants, and alleging that Defendants’ unreasonable use of force pursuant to agency action violates the APA.

Update 10: On Oct. 21, the district court issued an order following its Sept. 22 decision denying Defendants’ ex parte application to stay the PI pending appeal. On the same day, the Ninth Circuit ordered that the government’s motion for a stay pending appeal and Plaintiffs’ motion to strike be referred to the panel that will decide the merits of the appeal.

Media Matters for America v. Federal Trade Commission (D.D.C.)

1:25-cv-01959

Complaint

2025-06-23Government Action Blocked Pending AppealCivil Liberties and RightsRestricting Press Freedom2025-10-23

On June 23, 2025, Media Matters, a nonprofit organization that monitors, analyzes, and corrects mis-information in the US media, filed suit against the Federal Trade Commission and several of its commissioners alleging that recent investigatory actions by the FTC into Media Matters amount to unlawful retaliation in violation of the First Amendment. The complaint asserts that the FTC’s inquiry is politically motivated and designed to chill protected speech in response to Media Matters’ reporting on Elon Musk’s platform, X (formerly Twitter). Media Matters specifically alleges that Defendants violated, and continue to violate, its First Amendment and Fourth Amendment rights. It seeks declaratory and injunctive relief to block the government’s “campaign of retaliation.”

Update 1: On Aug 15, Judge Sooknanan granted Plaintiff’s July 14 motion for preliminary injunction enjoining the government from implementing or enforcing an FTC Civil Investigative Demand against Media Matters. The court found that Media Matters was likely to succeed on its First Amendment retaliation claim.

Update 2: On Aug 18, Defendants appealed the preliminary injunction order to the D.C. Circuit and filed an emergency motion for stay before Judge Sooknanan, which was denied on Aug 22.

Update 3: On Oct. 23, in a 2-1 decision, the D.C. Circuit denied Defendants’ emergency motion for a stay pending appeal.

The New York Times Company v. Department of Defense (D.D.C.)

1:25-cv-04218

Complaint

2025-12-04Awaiting Court RulingCivil Liberties and RightsRestricting Press Freedom2026-01-07

On Sept. 18, 2025, Defendant Sean Parnell (Chief Spokesman for the Pentagon and Assistant to the Secretary of Defense for Public Affairs) issued a memorandum detailing the Pentagon’s new press access badge policy. The new policy gives federal government officials broader discretion to suspend and revoke reporters’ press access badges, including for reporting on information that the government has not approved. If reporters did not affirmatively agree to comply with the new policies, their badges were revoked/forced to be surrendered. This policy was followed by an “Acknowledgment” in which press access badge holders had to agree to the policy. On Sept. 28, Secretary of Defense Pete Hesgeth’s attorney circulated a revised version of the Acknowledgment. On Oct. 6, the U.S. Department of Defense (“DoD”) issued its final policy on its discretion to rescind press access, which included an updated Acknowledgement press access holders were required to sign by Oct. 14. Journalists covering the Pentagon refused to sign the Acknowledgement and were compelled to turn in their access badges. On Dec. 4, the New York Times and reporter Julian Barnes filed a complaint against the DoD, Secretary Hegseth, and Chief Spokesman Parnell. Plaintiffs allege that the new policy has a chilling effect on speech, engages in viewpoint discrimination (by controlling what information can be reported on and effectively only allowing reporters who are ideologically aligned with the administration to remain in the press briefings), cuts off reporters’ opportunities to report on White House communications, and deprives the public of important and transparent reporting on government affairs. Plaintiffs argue that the policy is vague and authorizes arbitrary and discriminatory enforcement, thus violating the Fifth Amendment Due Process Clause. Plaintiffs further argue that the policy violates the First Amendment by: giving the DoD unlimited discretion to chill speech with discretionary punishment, denying access to the public forum of the Pentagon Press Briefing Room, and by placing content-based and viewpoint-based restrictions intended to restrain and chill speech. Lastly, Plaintiffs argue that the policy is arbitrary and capricious and violates the First and Fifth Amendments, constituting an infringement of the Administrative Procedure Act. Plaintiffs request that the court declare that the policy is unlawful, prevent Defendants from implementing the policy, and reinstate the press access badges formerly held by Plaintiffs.

Jan. 7, 2026: Former Department of Defense official and NBC News correspondent Pete Williams filed a declaration in support of the New York Times challenge to the administration’s memo imposing restrictions on press badge access, arguing the policy is counterproductive and ultimately harmful to the public.

Nat’l Association of Diversity Officers in Higher Ed. v. Trump (D. Md.)

1:25-cv-00333

Complaint

2025-02-03Case Closed/Dismissed in Favor of GovernmentDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-05-07

Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order to “[defend] women from gender ideology extremism and [restore] biological truth to the federal government.” That same day, the President issued an executive order directing the OMB Director, assisted by the Attorney General and OPM, to terminate DEI programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, the administration issued a third executive order revoking an Equal Employment Opportunity executive order in place since 1965; requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws; and requiring each executive agency to identify up to nine corporations or nonprofit entities or associations to target with civil investigations to deter DEI programs. Plaintiffs argue the first order is an unconstitutional violation of the Spending Clause and the 5th Amendment’s due process guarantee for vagueness. They argue the second order unconstitutionally violates 5th Amendment due process for vagueness; the 1st Amendment’s free speech clause; and the separation of powers. They seek declaratory judgments that both orders are unlawful and unconstitutional, and preliminary and permanent injunctions against both.

Update 1: On Feb. 13, Plaintiffs moved for a TRO and preliminary injunction against enforcement of the Executive Orders.

Update 2: On Feb. 18, Defendants filed a response against Plaintiffs' motion for a TRO and preliminary injunction, arguing, inter alia, that two of four Plaintiffs lack standing and that Plaintiffs' claims fail on merits. On Feb. 19, Plaintiffs filed a supplemental brief in support for a TRO and preliminary injunction.

Update 3: On Feb. 21, Judge Adam B. Abelson issued a memorandum opinion and granted the preliminary injunction in large part, enjoining implementation of the Termination Provision of Executive Order 14151 and of the Certification and Enforcement Threat Provisions of Executive Order 14173. The court stated that “Plaintiffs’ irreparable harms include widespread chilling of unquestionably protected speech." The court also denied the preliminary injunction in part, allowing the Attorney General to prepare the report pursuant to Executive Order 14173 and to engage in an investigation.

Update 4: On Feb. 24, the Defendant submitted a notice of appeal to the Fourth Circuit.

Update 5: On Mar. 3, Judge Abelson denied the Defendants' motion to stay the injunction pending an appeal.

Update 6: On Mar. 10, Judge Abelson granted Plaintiff’s motion to clarify the scope of the injunction, such that it applies not only to “persons in active concert or participation with defendants,” but to all federal executive branch agencies.

Update 7: On Mar. 14, the Fourth Circuit granted the government’s petition for a stay of the preliminary injunction pending appeal.

Update 8: On Mar. 21, Plaintiffs filed a motion to vacate the preliminary injunction granted by Judge Abelson on Feb. 21 in light of the Fourth Circuit’s grant of stay of the preliminary injunction pending appeal. Plaintiffs seek to vacate so that they can instead seek additional relief that takes into account new factual developments and also save judicial resources.

Update 9: On Apr. 1, Defendants filed a motion opposing Plaintiffs’ motion to vacate the preliminary injunction, asserting that the district court lacks the jurisdiction to do so after a notice of appeal has been filed.

Update 10: On Apr. 2, Plaintiffs filed a reply in further support of their motion to vacate the preliminary injunction order and requested the Court grant this motion as soon as possible.

Update 11: On May 1, 2025, the Court denied Plaintiffs’ request to vacate the preliminary injunction order.

Update 12: On May 7, the Plaintiff Restaurant Opportunities Center (“ROC”) voluntarily dismissed without prejudice its claims in full against all Defendants.

Doe 1 v. Office of the Director of National Intelligence (E.D. Va.)

1:25-cv-00300

Complaint

2025-02-17Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-05-06

On Jan. 20, 2025, the Trump administration issued an executive order directing the OMB Director, assisted by the Attorney General and OPM, to terminate DEI programs, offices and positions, and “equity-related” grants and contracts. Plaintiffs are U.S. intelligence officers who were assigned to diversity, equity, inclusion and accessibility (DEIA) initiatives at ODNI and CIA. The complaint alleges that Defendants placed Plaintiffs on administrative leave “apparently only because of [Plaintiffs’] temporary assignments to personnel functions involving DEIA.” Plaintiffs bring several causes of action. First, they claim that Defendants violated the Administrative Leave Act by placing Plaintiffs on leave for more than ten work days, despite the fact that no worker misconduct had been alleged. Second, Plaintiffs maintain that Defendants violated the Administrative Procedure Act, because Plaintiffs’ “imminent termination” is “arbitrary, capricious, an abuse of discretion, not in accordance with [Intelligence Community] regulations, and unsupported by any evidentiary record whatsoever.” Third, Plaintiffs allege that Defendants violated the First and Fifth Amendments by firing Plaintiffs on the basis of “their assumed beliefs about a domestic political issue [DEIA]” and causing them to lose “their property interest in their employment without due process of law.” The plaintiffs seek injunctive relief. The plaintiffs also submitted a request for a temporary restraining order.

Update 1: On Feb 18, the court issued an administrative stay blocking the termination of plaintiffs’ employment or placing plaintiffs on leave without pay.

Update 2: On Feb. 20, Defendants filed a motion in opposition to the plaintiffs’ request for a TRO.

Update 3: On Feb. 27, the court vacated its prior administrative stay and denied plaintiffs’ motion for a temporary restraining order. Judge Anthony Trenga extended the employees’ deadline to accept the administration’s deferred resignation program to Monday, March 3.

Update 4: On Mar. 27, Plaintiffs submitted a motion for a preliminary injunction with a memorandum in support.

Update 5: On Mar. 31, the court partially granted a preliminary injunction, blocking Defendants from implementing any decision to terminate Plaintiffs, ordering that Defendants must allow Plaintiffs to appeal their termination decisions, and requiring Defendants to consider Plaintiffs’ request for reassignment to other open positions.

Update 6: On May 6, Defendants appealed the preliminary injunction order to the Fourth Circuit.

National Urban League v. Trump (D.D.C.)

1:25-cv-00471

Complaint


Amended Complaint 2025-06-30

2025-02-19Temporary Block of Government Action DeniedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-05-02

On Jan. 20, the Trump Administration issued an executive order directing the Office of Management and Budget’s (OMB) Director, assisted by the Attorney General and the Office of Personnel Management (OPM), to terminate diversity, equity, and inclusion (DEI) programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, the Trump Administration issued another executive order revoking an Equal Employment Opportunity executive order applying to contractors, in place since 1965; requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws; and requiring each executive agency to identify up to nine corporations or nonprofit entities or associations to target with civil investigations to deter DEI programs. Plaintiffs, non-profits that receive federal funding for programs designed to serve vulnerable populations, allege that the executive orders violate the First Amendment’s protections for freedom of speech, the Fifth Amendment’s Equal Protection and Due Process guarantees, and the Administrative Procedure Act (APA). Plaintiffs allege the same regarding Executive Order 14168, which takes similar action against programs involving trans rights, violates the same laws. Plaintiffs seek a declaratory judgment that the executive orders are unlawful, rescission of the executive orders, and permanent injunctions against any actions taken to enforce the executive orders.

Update 1: On Feb. 28, Plaintiffs submitted a motion for a preliminary injunction. The Defendants submitted a motion in opposition on Mar. 12, to which Plaintiffs replied on Mar. 17. The court held a preliminary injunction hearing on Mar. 19.
Update 2: On Mar. 21, Plaintiffs filed a notice to clarify factual matters discussed during the Mar. 19 hearing concerning the employment of Judge Timothy J. Kelly’s wife as the Director of the D.C. Department of Transportation (DDOT). On Mar. 24, the Court ordered both parties to provide further information regarding the potential applicability of the executive order (EO) to DDOT and to articulate their positions on whether Judge Kelly should recuse himself from the case based on this information.
Update 3: On Mar. 26, both parties submitted their responses to Judge Kelly’s Mar. 24 order. Plaintiffs’ response highlighted their limited access to information on the matter, stating that the limited publicly available information does not necessitate Judge Kelly’s recusal. Defendants’ response noted that their respective agencies have no awards, grants, or contracts with DDOT. Consequently, Defendants do not believe recusal is required at this time.
Update 4: On May 2, Judge Kelly denied Plaintiffs’ request for a preliminary injunction, stating that Plaintiffs were not able to show that they were likely to succeed on any of their claims.

Update 5: On June 27, Plaintiff National Fair Housing Alliance (NFHA) voluntarily dismissed its claims, thereby removing itself from the action. Plaintiffs National Urban League (NUL) and AIDS Foundation of Chicago (AFC) filed an amended complaint on June 30, which removed NFHA’s claims and dropped some of Plaintiffs’ APA claims.

San Francisco AIDS Foundation et al v. Trump (N.D. Cal.)

3:25-cv-01824

Complaint

2025-02-20Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-08-07

On Jan. 20, 2025, the Trump administration issued an executive order to “[defend] women from gender ideology extremism and [restore] biological truth to the federal government.” That same day, the President issued an executive order directing the Office of Management and Budget’s (OMB) Director, assisted by the Attorney General and the Office of Personnel Management (OPM) to terminate diversity, equity, and inclusion (DEI) programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, the administration issued a third executive order revoking an Equal Employment Opportunity executive order in place since 1965; requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws; and requiring each executive agency to identify up to nine corporations or nonprofit entities or associations to target with civil investigations to deter DEI programs. Plaintiffs allege that these three executive orders “pose an existential threat to transgender people and the organizations that respect their existence, shield them from harm, provide them with life-saving services and community, and engage in core protected speech advocating for their liberation.” Specifically, Plaintiffs claim that the EOs: 1) have been used by Defendants to engage in viewpoint and content discrimination in violation of the First Amendment, (2) violate the Due Process Clause of the Fifth Amendment and are void for vagueness, (3) exceed the President’s powers under Article II of the Constitution by usurping congressional authority, and (4) violate the Fifth Amendment’s guarantee of equal protection. Plaintiffs seek declaratory and injunctive relief to prevent implementation and enforcement of the EOs.

Update 1: On Mar. 3, Plaintiffs filed a motion for a preliminary injunction in which they requested for the court to enjoin the implementation of the three EOs at issue in the litigation (EOs 14168, 14151, and 14173).

Update 2: On Apr. 11, Defendants filed their opposition to Plaintiffs’ motion for a preliminary injunction. Defendants argue that Plaintiffs’ claims fail on the merits and that any injunctive relief should be limited to the Plaintiffs and agency defendants.

Update 3: On Apr. 18, Plaintiffs filed a reply in support of their motion for a preliminary injunction, emphasizing how the EOs are causing continued harm to Plaintiffs’ constitutional rights and funding.

Update 4: On June 9, Judge Jon Steven Tigar granted in part and denied in part the Plaintiffs’ motion for a preliminary injunction and blocked the administration from enforcing anti-diversity and anti-transgender executive orders in grant funding requirements, ruling that the government cannot force recipients to halt programs that promote diversity, equity and inclusion or acknowledge the existence of transgender people in order to receive grant funds. Judge Tigar’s offi

Update 5: On Aug. 7, Defendants appealed the June 6 partial grant of Plaintiffs’ preliminary injunction to the Ninth Circuit Court of Appeals.

cial order was filed on June13.

Update 5: On Aug. 7, Defendants appealed the June 6 partial grant of Plaintiffs’ preliminary injunction to the Ninth Circuit Court of Appeals.

Chicago Women in Trades v. Trump (N.D. Ill.)

1:25-cv-02005

Complaint

2025-02-26Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-07-03

On Jan. 20, 2025, the Trump administration issued an executive order to “[defend] women from gender ideology extremism and [restore] biological truth to the federal government.” That same day, the President issued an executive order directing the OMB Director, assisted by the Attorney General and OPM, to terminate DEI programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, the administration issued a third executive order revoking an Equal Employment Opportunity executive order in place since 1965; requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws; and requiring each executive agency to identify up to nine corporations or nonprofit entities or associations to target with civil investigations to deter DEI programs. Plaintiff, a non-profit organization that works to train women to enter and remain in high-skilled trades, filed suit, arguing the executives orders (1) violate the First Amendment due to (a) overbreadth and vagueness; (b) viewpoint discrimination; and (c) setting unconstitutional conditions on speech; (2) violate the Fifth Amendment’s Due Process clause for vagueness; (3) are ultra vires violations of Article I, Sec. 8 (the Spending Clause); and (4) violate the separation of powers. Plaintiff seeks declaratory judgments that the orders are unconstitutional and preliminary and permanent injunctions enjoining their enforcement.

Update 1: On Mar. 5, the Plaintiff filed a motion for a preliminary injunction to block the implementation of the DEI Executive Orders (EO). On Mar. 18, the Plaintiff filed a motion for a temporary restraining order (TRO) to prevent the federal government from taking adverse action against any recipient of federal funding resulting from the DEI Executive Orders.

Update 2: On Mar. 24, the Government filed an opposition to Plaintiff’s motions for a TRO and a preliminary injunction

Update 3: On Mar. 26, Judge Matthew Kennelly granted a TRO.

Update 4: On Apr. 1, the court issued an order granting an amended TRO. The amended TRO provides that the Secretary of Labor and employees or advisors of the Department of Labor (DOL) may not pause, freeze, or cancel any awards, contracts, or obligations made to Plaintiff on the basis of the termination provision of January 20 EO, and that the enjoined parties cannot require certification or other representations under the certification provision of the January 21 EO.

Update 5: On Apr. 3, the Government filed a second memorandum in opposition to Plaintiff’s motion for a preliminary injunction, arguing the nationwide injunction requested by the Plaintiff should not be implemented.

Update 6: On Apr. 7, Plaintiff filed a reply memorandum in support of its motion for a preliminary injunction in which it requested a nationwide preliminary injunction covering all federal agencies. In the alternative, the Plaintiff requested a preliminary injunction against the defendant agencies.

Update 7: On Apr. 14, Judge Kennelly granted in part and denied in part Plaintiff’s motion for a preliminary injunction. Judge Kennelly declined to enjoin all federal agencies but did enjoin DOL and its officers specifically from implementing a pause, freeze, or cancellation of any awards, contracts, or obligations made to Plaintiff on the basis of the termination provision of January 20 EO. Judge Kennelly further ordered that the enjoined parties cannot require certification or other representations under the certification provision of the January 21 EO. The order was entered on Apr. 15.

Update 8: On Apr. 18, Plaintiff requested the modification of the preliminary injunction order issued on Apr. 14. The order only modified one of Plaintiff’ federal grants, and Plaintiff requested that the order be expanded to enjoin the enforcement of the termination provision as to all five of Plaintiff’ federally funded grants.

Update 9: On Apr. 25, the Government filed an opposition to Plaintiff’s requested preliminary injunction order modification.

Update 10: On May 1, Plaintiff filed a reply in support of its motion to modify the preliminary injunction, emphasizing that Defendants’ opposition does not dispute the plain language of the statutes and appropriations reports that demonstrate the grants at issue are intentionally funded by Congressional action.

Update 11: On May 7, Judge Kennelly denied Plaintiff’ motion to modify the preliminary injunction order, finding there was no manifest error of law warranting the modification.

Update 12: On June 27, the Government filed a motion to stay discovery until the court considered the motion to dismiss, citing the Supreme Court’s June 2025 decision in Nuclear Regulatory Commission v. Texas and the D.C. Court of Appeal’s June 2025 opinion for In re U.S. Department of Government Efficiency Service.

Update 13: On July 3, the Government appealed Judge Kennelly’s Apr. 14 preliminary injunction order to the Seventh Circuit.

American Association of Colleges for Teacher Education v. Carter (D. Md.)

1:25-cv-00702

Complaint

2025-03-03Government Action Not Blocked Pending AppealDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-05-06

On Jan. 20, 2025, the Trump administration issued an executive order to “[defend] women from gender ideology extremism and [restore] biological truth to the federal government.” That same day, the President issued an executive order directing the OMB Director, assisted by the Attorney General and OPM, to terminate DEI programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, the administration issued a third executive order revoking an Equal Employment Opportunity executive order in place since 1965; requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws; and requiring each executive agency to identify up to nine corporations or nonprofit entities or associations to target with civil investigations to deter DEI programs. Plaintiffs are organizations whose members include hundreds of teacher preparation programs. Those programs receive grants through the U.S. Department of Education’s Teacher Quality Partnership Program (TQP), Supporting Effective Educator Development Program (SEED), and Teacher and School Leader Incentive Program (TSL). Plaintiffs assert that, pursuant to the President’s Executive Order 14151 which halted DEI initiatives, the Department of Education summarily terminated many of the TQP, SEED, and TSL grants without proper procedure. Specifically, the lawsuit alleges that EO 14151 is unconstitutionally vague and that the termination of the grants constitutes an arbitrary and capricious decision in violation of the Administrative Procedure Act. Plaintiffs seek declaratory relief and an injunction ordering reinstatement of grant funds. They also submitted a motion for a temporary restraining order.

Update 1: On Mar. 17, a federal judge issued a preliminary injunction as to the Plaintiffs’ APA claim.

Update 2: On Mar. 21, Defendants submitted a notice of appeal on the partial grant of the motion for preliminary injunction to the Fourth Circuit.

Update 3: On Mar. 25, Defendants filed a time sensitive motion for stay pending appeal with the Fourth Circuit.

Update 4: On Mar. 31, the Plaintiffs filed a motion to place the case in abeyance, stating that the disposition of another case pending before the Supreme Court will inform any future briefing in this litigation. The Plaintiffs asked the Court to suspend the briefing schedule and deadline to respond to the Defendants’ motion to stay pending appeal until the Supreme Court weighs in on the related case.

Update 5: On Apr. 1, the Fourth Circuit denied Plaintiffs’ motion to place the case in abeyance. The next day, Plaintiffs filed their opposition to Defendants’ motion to stay pending appeal, arguing that Defendants are unlikely to succeed on the merits of their appeal.

Update 6: On April 4, Defendants filed a reply in support of their motion to stay pending appeal.

Update 7: On Apr. 10, the Fourth Circuit granted the government’s motion to stay the preliminary injunction upon consideration of the parties’ submissions and the Supreme Court's recent order granting a stay pending appeal in Department of Education, et al. v. California, et al.

Update 8: On Apr. 27, Plaintiffs filed a motion to dissolve the preliminary injunction and a supporting memorandum of law in which they requested an indicative ruling because the case is currently on interlocutory appeal to the Fourth Circuit.

Update 9: On May 6, the Court denied the Plaintiffs’ Rule 60(b) motion to dissolve preliminary injunction and request for indicative ruling under rule 62.1, stating that the Court struggles to see a substantive or procedural advantage if the Court were to dissolve the PI.

Rhode Island Latino Arts v. National Endowment for the Arts (D.R.I.)

1:25-cv-00079

Complaint

Amended Complaint

2025-05-12

2025-03-06Government Action BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-11-17

On Jan. 20, 2025, the Trump administration issued an executive order to “[defend] women from gender ideology extremism and [restore] biological truth to the federal government.” That same day, the President issued an executive order directing the OMB Director, assisted by the Attorney General and OPM, to terminate DEI programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, the administration issued a third executive order revoking an Equal Employment Opportunity executive order in place since 1965; requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws; and requiring each executive agency to identify up to nine corporations or nonprofit entities or associations to target with civil investigations to deter DEI programs.

Plaintiffs are arts nonprofit corporations that have received funding from the National Endowment for the Arts (NEA). Pursuant to the Jan. 20 “gender ideology” EO, the NEA now requires all grant applicants to certify their understanding that “federal funds shall not be used to promote gender ideology.” Plaintiffs, who seek to “affirm transgender and nonbinary identities and experiences in the projects for which they seek funding,” allege that such projects now appear to be ineligible for NEA funding, and the vagueness of the new NEA policy “requires [Plaintiffs] to guess as to what if anything they can create, produce, or promote that addresses themes of gender.” The Plaintiffs claim that the NEA’s “gender ideology” prohibition exceeds statutory authority under the National Endowment for the Arts and Humanities Act of 1965 and is arbitrary and capricious in violation of the Administrative Procedure Act, and that the prohibition violates the First and Fifth Amendments by imposing vague and viewpoint-based restrictions on artistic speech. They seek declaratory and injunctive relief stopping the government from implementing the EO,, and they request a preliminary injunction, expedited hearing, and/or a temporary restraining order in light of a Mar. 24 deadline for NEA applications.

March 21, 2025: The Defendants filed a response in opposition to Plaintiff’s motion for preliminary injunction.

March 25, 2025: The Plaintiffs filed a reply in support of their motion for preliminary injunction.

April 3, 2025: The court denied Plaintiffs’ motions for a preliminary injunction, temporary restraining order, and expedited hearing. The Court noted that Plaintiffs’ claims, for now, are moot because NEA rescinded its implementation of the EO pending further administrative review. The Court cautioned that Plaintiffs may be able to return and request relief depending on the outcome of the administrative review.

May 12, 2025: Plaintiffs filed an amended complaint, which included updates on the changes to NEA policy that took place following the commencement of the lawsuit.

Sept. 19, 2025: District Court Judge Smith enjoined the National Endowment from the Arts from applying a view-point based standard of review which would disfavor applications deemed “to promote gender ideology” and vacated and set aside NEA’s plan to implement E.O. 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Judge Smith granted the Plaintiffs' motion for summary judgment in part and denied in part, ruling in favor for the First Amendment and APA claims, but against on their Fifth Amendment claim. Per the Court, “Defendants made no effort to argue [that the policy] satisfies any type of judicial scrutiny, let alone strict scrutiny . . . .” Judge Smith did not find that the phrase to “promote gender ideology” was void for vagueness, in violation of the Fifth Amendment.

Nov. 17, 2025: Plaintiffs filed notice of appeal.

State of California v. U.S. Department of Education (D. Mass.)

1:25-cv-10548

Complaint


Amended Complaint 2025-06-02

2025-03-06State A.G. PlaintiffsAwaiting Court RulingDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-11-13

On Jan. 20, 2025, President Donald Trump issued Executive Order No. 14151 directing the government to terminate DEI programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, Trump issued Executive Order No. 14173 requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws. On Jan. 29, 2025, Trump issued Executive Order No. 14190 instructing the Secretary of Education to develop a plan to eliminate federal funding for “illegal and discriminatory treatment and indoctrination in K-12 schools.” On Feb. 5, 2025, the Acting Secretary of Education issued a department directive instructing the Department of Education (“DOE”) employees to review ongoing grants to ensure they “do not fund discriminatory practices–including in the form of DEI.” Allegedly, within two days recipients of Congressionally-authorized Teacher Quality Partnership (“TQP”) and Supporting Effective Educator Development (“SEED”) grants totaling more than $250M received termination letters from the DOE, stating that the grants conflict with the administration’s policies opposing DEI efforts. Eight states filed suit, arguing that the DOE’s termination of TQP and SEED grants unlawfully violates the Administrative Procedure Act as (1) arbitrary and capricious; and (2) an agency action not in accordance with law, in this case the DOE’s own procedures. The Plaintiff states seek an order vacating and setting aside the DOE’s termination of previously-awarded grants; a declaratory judgment that terminating the grants violated the APA; and preliminary and permanent injunctions preventing the government from unlawfully terminating the grants.

Update 1: On Mar. 10, a federal judge issued a temporary restraining order blocking the DOE from terminating the grants.

Update 2: On Mar. 12, the Defendant submitted a notice of appeal to the First Circuit.

Update 3: On Mar. 21, the First Circuit denied the Defendant’s motion for a stay of the TRO pending appeal.

Update 4: On Mar. 21, Plaintiffs filed a motion to extend the TRO pending the court’s ruling on the Plaintiffs’ request for a preliminary injunction.

Update 5: On Mar. 24, the government filed a motion opposing Plaintiffs’ motion to extend the TRO.

Update 6: On Mar. 24, Judge Myong J. Joun granted Plaintiffs’ request to extend the TRO pending the court’s ruling on the request for a preliminary injunction, not to go past Apr. 7. The hearing for the preliminary injunction is scheduled for Mar. 28.

Update 7: On Mar. 26, the Defendants appealed to the U.S. Supreme Court to vacate the order by the district court and issue an administrative stay.

Update 8: On Apr. 4, the Supreme Court (in a 5-4 decision) granted a stay pending appeal. The majority wrote that “the Government is likely to succeed in showing the District Court lacked jurisdiction” and signaled that the case may need to be brought in the Court of Federal Claims.

Update 9: On May 12, Defendants filed a motion to dismiss the complaint for lack of subject-matter jurisdiction or, in the alternative, to transfer the case to the Court of Federal Claims.

Update 10: On June 2, plaintiff state’s filed an amended complaint expounding on the factual background and adding three new allegations: (1) that an actual and substantial controversy exists that is presently justiciable and that declaratory relief is appropriate to resolve the controversy, (2) defendant’s action is a substantive violation of the Spending Clause, and (3) Defendant’s action is ultra vires - outside the scope of statutory authority conferred on the Executive.

Update 11: On June 2, Judge Myong J Joun issued an order directing the clerk to terminate Defendant’s motion to dismiss as moot and giving Defendants until June 24 to file an answer or other pleading responsive to the amended complaint.

Update 12: On November 13, Judge Kelley allowed the lawsuit to continue in part, denying the government’s motion to dismiss. Judge Kelley held that the court lacks jurisdiction over the Plaintiff States’ terminated grants, but retained jurisdiction over all remaining claims.

Doe v. Collins (D.D.C.)

1:25-cv-00760

Complaint

2025-03-14Case Closed/Dismissed in Favor of GovernmentDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-07-17

On Jan. 20, 2025, the Trump administration issued an executive order directing the OMB Director, assisted by the Attorney General and OPM, to terminate DEIA programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, 2025, the Acting Director of U.S. Office of Personnel Management (“OPM”), issued a memo to the heads of federal agencies, directing them to close DEIA initiatives and programs and place employees of DEIA offices on administrative leave. On Jan. 22, 2025, the Veterans Benefits Administration (“VBA”) – Office of Equity Assurance (“OEA”) was shut down and employees were placed on administrative leave. Plaintiffs are career civil employees who were placed on administrative leave and terminated from access to government systems on Jan. 22. Plaintiffs allege that the implementation of the EO violates the First Amendment because they were targeted because of their assumed beliefs about a domestic political issue (DEIA) which was unrelated to their work at VBA. They also allege that their termination violates the Administrative Procedure Act and the Due Process Clause and the Equal Protection Clause of the Fifth Amendment. Plaintiffs seek injunctive and declaratory relief, and preliminary and permanent injunctions on Defendant from designating OEA as a DEIA office affected by the EO.

Update 1: On Apr. 18, Plaintiffs filed a motion for a TRO. In their memorandum in support of this motion, Plaintiffs note they seek the TRO to enjoin Defendant Collins from designating OEA as a DEIA office and Plaintiffs as DEIA employees affected by the EO and from blocking access to the Agency’s employee network and employee benefits.

Update 2: On Apr. 25, Defendants filed a response in opposition to Plaintiffs’ motion for a TRO. On Apr. 28, Plaintiffs filed a reply to Defendants' opposition of the motion for a TRO.

Update 3: On May 2, Judge Rudolph Contreras denied Plaintiffs’ TRO motion following a hearing on the matter that same day.

Update 4: On July 17, Plaintiffs voluntarily dismissed the action.

Erie County New York v. Corporation for National and Community Service (D.D.C.)

1:25-cv-00783

Complaint

2025-03-17Case Closed/Dismissed in Favor of GovernmentDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-04-14

On Jan. 20, 2025, President Donald Trump issued Executive Order No. 14151 directing the government to terminate DEI programs, offices and positions, and “equity-related” grants and contracts. On Jan. 21, Trump issued Executive Order No. 14173 requiring federal grant recipients and contractors to certify that they do not operate DEI programs that violate anti-discrimination laws.The Plaintiff, a municipality, applied for and received a three year grant from the Defendant, Americorps, to fund volunteer programs. In compliance with Americorps’ rules, the grant application included statements on the Plaintiff’s plans to advance DEIA. Following the issuance of the two Executive Order (EOs) noted above, the Defendant notified the Plaintiff that it risked losing its funding if it failed to change the language of its grant or attest to not promoting DEI. The Plaintiff alleges violations of the Administrative Procedure Act, arguing the Defendant’s actions are arbitrary and capricious, and of the Constitution’s Spending Clause, claiming that the Defendant’s new requirements for funding are too vague. The Plaintiff seeks an injunction prohibiting the Defendant from imposing the new grant requirements.

Update 1: On Mar. 21, Plaintiff filed a motion for a preliminary injunction requesting the court order Defendants to determine Plaintiff to be in compliance with all relevant grant requirements for existing grants and to immediately disburse any funds to which Plaintiff is entitled.

Update 2: On Apr. 4, AmeriCorps filed an opposition to Plaintiff’s motion for a preliminary injunction.

Update 3: On Apr. 14, Plaintiff moved to voluntarily dismiss the case without prejudice and withdraw its preliminary injunction motion because AmeriCorps changed its certification requirements following the lawsuit’s commencement. The court granted this request the same day.

Southern Education Foundation v. United States Department of Education (D.D.C.)

1:25-cv-01079

Complaint

2025-04-09Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-07-21

[Coming soon]

E.K. v. Department of Defense Education Activity (E.D. Va.)

1:25-cv-00637

Complaint

2025-04-15Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2026-01-02

In January 2025, President Trump issued Executive Orders 14168, 14185 and 14190, which directed that federal funds should not be used to promote “gender ideology” or DEI, including in both the DoD and in all federally funded K-12 schools. The Department of Defense Education Activity (DoDEA) issued two memoranda on Feb. 5 requiring all DoDEA schools to review their libraries and remove books related to gender ideology or “discriminatory equity ideology topics”, and to cease using curricular materials potentially related to these topics. School administrators in DoD schools throughout the world subsequently removed a wide range of books from libraries and made curricular changes including banning specific lessons, educational programming and cultural events based on content purportedly referencing race and gender ideologies. Twelve children who are minor dependents of active-duty servicemembers and attend K-12 DoDEA schools both in the US and abroad filed suit against DoDEA, its Director and the Secretary of Defense on Apr. 15, asserting that they are experiencing irreparable harms stemming from their reduced access to books, curricula, and educational information about race and gender in DoDEA schools and that these actions are a violation of their First Amendment right to receive information. They seek a declaratory judgment that their constitutional rights have been violated, reinstatement of the removed books and curricula, and preliminary and permanent injunctions against any enforcement of steps taken to implement the EOs.

May 7, 2025: Plaintiffs filed a motion for a preliminary injunction and supporting memorandum.

Oct. 20, 2025: The court granted a preliminary injunction but denied it on a nationwide basis.

Dec. 18, 2025: Defendants filed notice of appeal.

Dec. 23, 2025: Plaintiffs filed notice of cross appeal.

Jan. 2, 2026: Appeal and cross appeal consolidated by Fourth Circuit.

King County v. Turner (W.D. Wash.)

2:25-cv-00814

Complaint


First Amended Complaint 2026-05-21


Second Amended Complaint 2025-07-10

2025-05-02Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-10-10

Case Summary: On Jan. 20, President Trump issued Executive Order (EO) 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which directed federal agencies to “take all necessary steps, as permitted by law, to end the Federal funding of gender ideology” and “assess grant conditions and grantee preferences” to “ensure grant funds do not promote gender ideology.” On Jan. 21, Trump issued EO 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which instructed federal agencies to include “in every contract or grant award” a term that the contractor or grant recipient “certify that it does not operate any programs promoting DEI” that would violate federal antidiscrimination laws. On Jan. 24, Trump issued EO 14182, titled “Enforcing the Hyde Amendment,” which directed federal agencies to “end the forced use of Federal taxpayer dollars to fund or promote elective abortion.” On Feb. 19, Trump issued EO 14218, titled “Ending Taxpayer Subsidization of Open Borders,” which directed federal agencies to ensure “that Federal payments to States and localities do not, by design or effect, facilitate the subsidization or promotion of illegal immigration, or abet so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.” After these EO’s were issued, counties and municipalities received grant agreements from the Department of Housing and Urban Development (HUD) which included provisions reflecting these executive orders as conditions to continue receiving already apportioned funding. Grants affected included funds designed to provide housing and related services for people exiting homelessness, including healthcare, transportation and job services, which were previously authorized by Congress as part of HUD’s Continuum of Care program.Plaintiff King County also received the same Conditions in an updated master agreement with the Federal Transit Authority (FTA) for certain federal grants. The Conditions imposed require that Plaintiffs comply with the Trump administrations’ interpretation of non-discrimination law as barring any and all DEI programs, facilitate the administration’s immigration policies, including the use of a federally mandated verification system to prevent illegal immigrants from receiving benefits, and not fund or promote gender ideology or elective abortions.

Plaintiff counties and cities jointly filed a complaint against HUD, the FTA, and the FTA’s parent agency, the Department of Transportation (DOT) on May 7, contending that the new Conditions are unlawful since only Congress has the power to attach conditions to federal grants, and therefore the Conditions contravene separation of powers principles. They also allege that the Conditions are unconstitutionally vague, contrary to existing non-discrimination statutes, and in violation of the Spending Clause, the Fifth and Tenth Amendments, and the APA, as arbitrary and capricious, contrary to regulations (including notice-and comment requirements) and the Constitution, and in excess of statutory authority. Plaintiffs seek a declaration that the conditions are unlawful and a preliminary and permanent injunction against Defendants enforcing the Conditions.

Update 1: On May 5, the Plaintiffs filed for a Temporary Restraining Order (TRO), alleging that the Conditions require them to make a “Hobson’s choice between agreeing to abandon their values, laws and policies or else put hundreds of millions of grant dollars in jeopardy in an extremely limited time frame”. They argue that forfeiting the funding would cut off critical programs and services and significantly impact their budgets.

Update 2: On May 6, Defendants filed their opposition to the TRO on the grounds that the Court lacks jurisdiction, which they allege that under the Tucker Act should lie with the Court of Federal Claims.

Update 3: On May 7, Plaintiffs filed a reply in support of their motion for a TRO, arguing that the Court does have jurisdiction and reasserting the above claims.

Update 4: On May 7, Judge Barbara J. Rothstein granted Plaintiffs’ motion for a TRO, noting that the Court does have jurisdiction since the claim is based on statutory and constitutional rights and the relief sought would not be available in the Court of Federal Claims; that the Plaintiffs have demonstrated a likelihood of success on the merits.

Update 5: On May 14, Defendants filed their opposition to Plaintiffs’ preliminary injunction motion, reiterating their belief that the court does not have jurisdiction over the matter.

Update 6: On May 21, Plaintiffs filed their first amended complaint.

Update 7: On June 4, Judge Rothstein granted Plaintiff's motion for preliminary injunction.

Update 8: On June 9, Defendants appealed Judge Rothstein’s preliminary injunction order to the Ninth Circuit.

Update 9: On July 10, Plaintiffs filed their second amended complaint.

Update 10: On July 14, Plaintiffs filed their third preliminary injunction motion and proposed order, requesting that the court extend the relief previously granted to new jurisdictions, barring HHS from applying unlawful conditions at any stage of the grant-making process, and barring HUD from doing the same as to all grant programs.

Update 11: On August 12, Judge Rothstein granted Plaintiff’s motion for a preliminary injunction, enjoining HUD, DOT, and HHS from imposing or enforcing relevant grant conditions, or rescinding, withholding, canceling, or freezing any relevant funds. Defendants are similarly enjoined from requiring Plaintiffs to make any certification or other representation related to compliance with such conditions and from refusing to issue, process or sign any HUD and/or DOT Agreements based on Plaintiffs’ participation in the suit.

Update 12: On October 10, 2025, Defendants filed a notice of appeal to the Ninth Circuit.

FreeState Justice v. Equal Employment Opportunity Commission (D. Md.)

1:25-cv-02482

Complaint

2025-07-29Awaiting Court RulingDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-07-29

On July 29, FreeState Justice, a non-profit organization providing legal services to the Maryland LGBTQ+ population filed a complaint against the Equal Employment Opportunity Commission (EEOC), challenging what it describes as a “Trans Exclusion Policy” after the EEOC halted the charge-investigation process for all charges tied to sexual orientation and gender identity in January 2025 and, in April, directed that all gender-identity discrimination charges be classified as meritless and suitable for dismissal. Plaintiff alleges the policy violates Title VII of the Civil Rights Act by refusing to process certain charges of sex discrimination brought by individuals of a particular gender identity and the Fifth Amendment Due Process Clause by denying the government’s services to one disfavored group. Plaintiffs also allege the policy violates the Administrative Procedure Act (APA) as arbitrary and capricious, contrary to law and in excess of statutory limitation, contrary to constitutional right, and without observance of procedure required by law. The Plaintiff asks the court to vacate the policy and declare it as unlawful and unconstitutional.

National Alliance to End Homelessness v. Turner (D.R.I.)

1:25-cv-00447

Complaint

2025-09-11Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-09-14

The National Alliance to End Homelessness and the Rhode Island’s Women’s Development Corporation, two nonprofit organisations that work to end homelessness and improve the availability of affordable housing, filed suit challenging new criteria established by the Department of Housing and Urban Development (HUD) governing eligibility for $75 million in funding grants under HUD’s Continuum of Care (CoC) program, which provides funds for programs to assist homeless individuals and families. Plaintiffs allege that the new CoC criteria unlawfully disqualifies projects based in state and local jurisdictions with policies the administration disfavours or which provide services which are not aligned with administration views on gender identity, immigration enforcement or harm reduction. Plaintiffs allege that the imposition of the new criteria violates the Administrative Procedure Act (APA) as arbitrary and capricious and in excess of statutory authority, and violates the First Amendment as viewpoint bias, the Spending Clause, the Tenth Amendment and separation of powers, and seek declaratory and injunctive relief to enjoin the imposition of the new criteria.

Sept. 14, 2025: District Judge McElroy granted a Temporary Restraining Order to plaintiffs, finding a strong likelihood of success on the merits.

State of Washington v. Health and Human Services (D. Or.)

6:25-cv-01748

Complaint

2025-09-26State A.G. PlaintiffsGovernment Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-10-27

Two sexual health education programs created and funded by Congress—the Personal Responsibility Education Program (PREP) and the Sexual Risk Avoidance Education program (SRAE) – have been administered by States for several decades. On January 20, 2025, President Trump issued Executive Order (EO)14,168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” which declares that “[i]t is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” Pursuant to the EO, in August, 2025 the Department of Health and Human Services (HHS) informed States receiving federal funds under these programs that it intended to cut all State PREP and SRAE funding unless the States remove all references to inclusive gender identity from their programs.

On September 26, 16 states and the District of Columbia filed suit, alleging that the new guidance violates statutory requirements that these programs include content that is “medically accurate and complete” and “culturally appropriate,” or provided in the appropriate “cultural context”. They contend that the directives force Plaintiff States to choose between losing federal funding for essential public health education programs or complying with unlawful funding conditions that undermine the central purpose of these programs and conflict with state and federal laws, including numerous state laws and policies that are aimed at promoting comprehensive, medically-accurate sexual health education and ensuring that sexual health education be inclusive of all students.

The complaint alleges that the new guidance violates the Administrative Procedures Act (APA) as action contrary to law, arbitrary and capricious, and contrary to constitutional rights as a violation of the Spending Clause and Separation of Powers. They seek a declaration that the guidance is unlawful and unconstitutional, and injunctive relief to vacate the new requirements. On the same day they moved for a preliminary injunction to enjoin their enforcement.

Oct. 27, 2025: District Court Judge Aiken issued a preliminary injunction preventing the Department of Health and Human Services from conditioning plaintiff states’ eligibility for certain health education grants on removing all references to gender identity from their program materials, pursuant to Executive Order 14168. Judge Aiken characterized the administration’s justification for the grant conditions as “absurd” and pretextual, likely in violation of Separation of Powers, the Spending Clause, the Administrative Procedure Act, and sex discrimination laws.

Cross v. Equal Employment Opportunity Commission (D.D.C.)

1:25-cv-03702

Complaint

2025-10-20Case Closed/Dismissed in Favor of GovernmentDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-11-25

On October 20, 2025, Plaintiff Leah Cross, a Colorado resident and former Amazon delivery driver, filed a complaint against the U.S. Equal Employment Opportunity Commission (EEOC) and its Acting Chair, Andrea Lucas, in their official capacities. Cross alleges that the EEOC's September 2025 "Disparate Impact Rule"—issued in response to Executive Order 14281—unlawfully directed EEOC field offices to administratively close all pending investigations involving disparate-impact discrimination claims under Title VII and the Age Discrimination in Employment Act (ADEA), and to halt any related conciliation efforts, including closing her class-based charge of discrimination against Amazon that alleged Amazon’s denial of bathroom breaks to delivery drivers disproportionately harmed female employees. The complaint asserts that the Disparate Impact Rule contradicts statutory mandates (Title VII and ADEA), was adopted without necessary quorum, Commissioner vote, or public notice, which she claims is contrary to law and procedurally invalid under the Administrative Procedure Act (APA). Cross sets out four causes of action under the APA: that the Rule is not in accordance with law, is arbitrary and capricious, exceeds the EEOC’s statutory authority by imposing substantive rather than procedural changes, and was established without required notice-and-comment procedures. She seeks a judicial declaration that the Rule is unlawful, a stay and vacatur of the Rule, a permanent injunction against its enforcement, restoration of the investigation and conciliation processes for affected claimants, attorney’s fees, and any other relief the Court deems proper

Nov. 25, 2025: The court dismissed the case and denied Plaintiff’s motion for a preliminary injunction as moot.

Withrow v. United States (D.D.C.)

1:25-cv-04073

Complaint

2025-11-20Awaiting Court RulingDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2025-11-20

On Jan. 20, 2025, the Trump Administration issued Executive Order (“EO”) 14168, which directs government officials to prohibit transgender and intersex individuals from using intimate spaces that align with their gender identity. On Jan. 29, the Office of Personnel Management (“OPM”) issued a memorandum implementing the EO and directing agencies to ensure restrooms are “designated by biological sex” (rather than identity). In May 2025, the General Services Administration (“GSA”) withdrew its 2016 directive that federal agencies using spaces managed by GSA must allow individuals to use restrooms consistent with their gender identity. On Nov. 20, Plaintiff Leanne Withrow, a transgender woman who serves in the military, filed a class action complaint asserting that the EO has caused emotional/psychological harms and professional harms, and is discriminatory. Defendants are OPM, GSA, the United States of America, and numerous federal agency officials. Plaintiff argues that the EO and the subsequent implementation actions constitute discrimination on the basis of sex and violate Title VII of the Civil Rights Act of 1964. Plaintiff further argues that the EO and implementation actions are arbitrary and capricious and also conflict with the Federal Property and Administrative Services Act of 1949, constituting a violation of the Administrative Procedure Act. Plaintiff requests that the court prevent Defendants from enforcing any policies that prevent her and other class members from using restrooms that align with their gender identity, and to also order Defendants to provide and continue providing Plaintiff and the class members access to restrooms that align with their gender identity.

Fell v. Trump (D.D.C.)

1:25-cv-04206

Complaint

Amended Complaint

2026-01-12

2025-12-03Awaiting Court RulingDiversity, Equity, Inclusion, and AccessibilityBan on DEIA Initiatives in the Executive Branch and by Contractors and Grantees (Executive Order 14168, Executive Order 14151, Executive Order 14173)2026-01-12

On Jan. 20, 2025, President Trump signed Executive Order (“EO”) 14151, which instructed federal agencies to coordinate the termination of all discriminatory programs, including “illegal DEI” and “diversity, equity, inclusion, and accessibility” (“DEIA”) mandates, policies, programs, preferences, and activities in the federal government. On Jan. 21, 2025, Trump issued EO 14173, which reiterated the illegality of DEI programs. On Dec. 3, 2025, four former federal employees filed suit on behalf of a class of federal workers. Plaintiffs allege that the Office of Personnel Management (“OPM”) issued directives to federal agencies to implement the EOs, resulting in the Plaintiffs and the class of federal workers being subject to Reductions in Force (“RIFs”). Plaintiffs also allege that the Trump Administration carried out a targeted purge of career civil servants based on their perceived political affiliation, race or gender, or advocacy for protected groups. The Defendants are President Donald Trump and 27 federal agencies and their directors. Plaintiffs argue that the EOs constitute retaliation against the Plaintiffs and the class of federal workers for their association or perceived association with DEIA based on their job title, perceived job duties, or government jobs performed, in violation of the First Amendment. Plaintiffs also argue that Defendants’ implementation of the EOs constitutes both intentional discrimination of the Plaintiffs’ advocacy, gender, and race, as well as disparate impact discrimination, in violation of Title VII of the Civil Rights Act of 1964. Lastly, Plaintiffs argue that the RIFs are unlawful because the removals violate RIF procedures and are prohibited under the Civil Service Reform Act. Plaintiffs request that the court declare that the EOs and their implementation directives are unlawful, require Defendants to expunge termination records and restore government service seniority, and order Defendants to reinstate the terminated employees and provide back pay, lost benefits, and compensatory damages to Plaintiffs.

Jan. 12, 2026: Plaintiffs filed an amended complaint, adding four plaintiffs and substituting the newly confirmed CFTC chair for the acting one.

American Federation of Teachers v. U.S. Department of Education (D. Md.)

1:25-cv-00628

Complaint

First Amended Complaint

2025-03-05

Second Amended Complaint

2025-07-17

2025-02-25Government Action BlockedDiversity, Equity, Inclusion, and AccessibilityDepartment of Education “Dear Colleague Letter” banning DEI-related programming (Dear Colleague Letter)2025-10-13

On Feb. 14, 2025, the Department of Education Office for Civil Rights published a Dear Colleague Letter announcing its intentions for enforcing the Supreme Court’s decision in Students for Fair Admissions v. Harvard, which bans race-based affirmative action. According to the complaint, the Letter threatened to withhold federal funding from schools with DEI programs, programs that teach about “systemic and structural racism,” or programs that otherwise factor race into educational environments. Plaintiffs, professional membership associations representing teachers and sociologists, allege that the Letter violates the First Amendment’s protections for freedom of speech and association, the Fifth Amendment’s Due Process protections, and the Administrative Procedure Act. They seek declaratory judgment that the Letter is unlawful and unconstitutional and a preliminary injunction against any steps taken to implement the Letter.

March 5, 2025: Plaintiffs amended their complaint to add a plaintiff (a school district in Oregon), additional factual allegations regarding the DOE’s “End DEI” portal and Feb. 28 “FAQs” guidance document, and additional Oregon law relevant to the new plaintiff.

March 28, 2025: Plaintiffs filed a motion for a preliminary injunction asking the court to enjoin defendants from initiating any investigations under both the Feb. 14 Dear Colleague Letter and the Feb. 28 FAQs, to order that the End DEI Portal be inactivated and removed from the DOE website, and to order that the DOE restore public website guidance related to Title VI that was removed after Jan. 20, 2025.

April 9, 2025: Plaintiffs filed another motion for an expedited preliminary injunction and stay of agency action, after the DOE sent state and local education agencies a Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard (the “Certification”) on April 3.

April 14, 2025: The DOE filed an opposition to both of Plaintiffs’ motions for preliminary injunction. On April 17, Plaintiffs filed a further reply in support of both of their motions for preliminary injunction.

April 18, 2025: Judge Stephanie Gallagher held a hearing on both motions for preliminary injunction and requested additional information on final judgment and remedies. Plaintiffs filed their supplemental response to the court’s request on April 20, and Defendants filed theirs on April 21.

April 24, 2025: Judge Gallagher granted in part and denied in part Plaintiffs’ March 28 motion for preliminary injunction, preventing the Dear Colleague Letter from being implemented pending the proceedings. Judge Gallagher also denied Plaintiffs’ April 9 motion for preliminary injunction seeking to stay the Certification deadlines, because Plaintiffs did not include a challenge to the Certification in their Amended Complaint. The court’s memorandum opinion found that Plaintiffs are likely to succeed on their Administrative Procedure Act claims and that they face irreparable harm.

July 17, 2025: Plaintiffs filed an amended complaint, which addresses the DOE’s notification of Certification to state education agencies (SEAs). Plaintiffs add three additional claims for relief specific to this Certification, including an additional First Amendment (Free Speech and Free Association) claim, an additional Fifth Amendment (Due Process Vagueness) claim, and an additional APA 5 U.S.C. § 706(2) (arbitrary and capricious) claim. Plaintiffs also request that their prayer for relief be extended to the Certification and request a permanent injunction against implementation of this Certification and actions taken on the basis of the aforementioned interpretation of Title VI.

Aug. 14, 2025: Judge Gallagher issued a memorandum opinion granting Plaintiffs’ motion for summary judgment in part, as to finding the Letter and Certification Requirement unlawful under APA 5 U.S.C. § 706, Counts One (First Amendment, Free Speech and Free Association), Two (Fifth Amendment, Due Process Vagueness), Three (APA 5 U.S.C. § 706(2) (arbitrary and capricious)), Five (Fifth Amendment, Due Process Vagueness), and Six APA 5 U.S.C. § 706(2) (arbitrary and capricious). Judge Gallagher granted the government’s motion, constructed as a motion for summary judgment, in part, as to Count Four (First Amendment, Free Speech and Free Association).

Oct. 13, 2025: Plaintiffs filed notice of appeal.

National Education Association v. U.S. Department of Education (D.N.H.)

1:25-cv-00091

Complaint


First Amended Complaint


2025-03-21


Second Amended Complaint


2025-05-12

2025-03-05Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityDepartment of Education “Dear Colleague Letter” banning DEI-related programming (Dear Colleague Letter)2025-05-12

On Feb. 14, 2025, the Department of Education Office for Civil Rights published a Dear Colleague Letter announcing its intentions for enforcing the Supreme Court’s decision in Students for Fair Admissions v. Harvard, which bans race-based affirmative action. According to the complaint, the Letter threatened to withhold federal funding from schools with DEI programs, programs that teach about “systemic and structural racism,” or programs that otherwise factor race into educational environments. Plaintiffs, a professional association that represents approximately 3 million educators and an affiliate, allege that the letter violates the First Amendment’s protections for freedom of speech and association, the Fifth Amendment’s Due Process protections, and the Administrative Procedure Act (APA). They seek declaratory judgment that the Letter violates the APA and is unconstitutional and preliminary and permanent injunctions against any steps taken to implement the letter.

Update 1: On Mar. 21, Plaintiffs amended the complaint to include an additional plaintiff (Center for Black Educator Development (CBED)), factual allegations related to CBED, additional factual allegations related to NEA, and an additional cause of action under the Higher Education Opportunity Act–which prohibits DOE from directing or controlling the curriculum of institutions of higher education. On Mar. 21, Plaintiffs also filed a motion requesting a preliminary injunction.

Update 2: On Apr. 3, DOE issued a Certification Requirement to state and local education agencies requiring them to certify that they are currently in compliance with “Title VI and SFFA v. Harvard,” as interpreted by DOE through its Feb. 14 Dear Colleague Letter.

Update 3: On Apr. 7, Plaintiffs filed an emergency motion for a temporary restraining order (TRO) to enjoin DOE from implementing the Certification Requirement it announced on Apr. 3 while awaiting the court’s decision on Plaintiffs’ motion for a preliminary injunction. DOE objected to the emergency motion on Apr. 8.

Update 4: On Apr. 9, DOE and Plaintiffs negotiated an agreement that prevents DOE from initiating enforcement action with respect to the Dear Colleague Letter and subsequent actions until after Apr. 24. Plaintiffs’ emergency motion for a TRO was declared moot the following day.

Update 5: On Apr. 11, DOE filed its objection to Plaintiffs’ motion for a preliminary injunction. DOE claimed Plaintiffs lack standing and that their APA claims will fail because the Dear Colleague Letter is not a final agency action. On Apr. 15, Plaintiffs filed a reply in support of their motion for a preliminary injunction.

Update 6: On Apr. 24, Judge Landya McCafferty granted Plaintiffs’ motion for a preliminary injunction. Judge McCafferty enjoined DOE from enforcing and/or implementing the Dear Colleague Letter and the Apr. 3 certification requirement against plaintiffs and members associated with plaintiffs pending further court order.

Update 7: On May 12, Plaintiffs amended their complaint.

NAACP v. U.S. Department of Education (D.D.C.)

1:25-cv-01120

Complaint

Amended Complaint

2025-05-09

2025-04-15Government Action Temporarily BlockedDiversity, Equity, Inclusion, and AccessibilityDepartment of Education “Dear Colleague Letter” banning DEI-related programming (Dear Colleague Letter)2025-05-09

Case Summary: On Feb. 14, 2025, the Department of Education Office for Civil Rights published a Dear Colleague Letter (Letter) announcing its intentions for enforcing the Supreme Court’s decision in Students for Fair Admissions v. Harvard, which bans race-based affirmative action. The DOE subsequently issued an accompanying Frequently Asked Questions Document on Feb. 28 and a certification of compliance requirement on Apr. 3 (collectively, Title VI Documents). The NAACP filed suit against the DOE, the Secretary of Education, and the Acting Assistant Secretary for Civil Rights of the DOE alleging that the Title VI Documents violate the First Amendment’s protections for freedom of speech and association; the Fifth Amendment’s Due Process protections; and the Administrative Procedure Act (APA) due to being arbitrary and capricious, contrary to constitutional rights and separation of powers, and for exceeding statutory authority. Plaintiffs allege that by targeting programs that address racism and support equal educational opportunity, prohibiting policies that ensure equal access to selective programs, prohibiting curricula based on viewpoint, and prohibiting practices that address discrimination, the Title VI Documents are disproportionately harming Black students, including NAACP members. (In a separate lawsuit, the DOE reached an agreement not to enforce the directives in the Title VI Documents until at least April 24. However, the NAACP contends that the DOE continues to coerce schools to comply, as some schools have lost funding and others have cancelled programs under fear of future enforcement.) The NAACP seek a declaratory judgment that the Title VI Documents violate the Equal Protection and Due Process Clauses by evincing racially discriminatory intent, the First Amendment by infringing on the rights to receive information and freedom of association, and the Administrative Procedure Act (APA) as arbitrary and capricious, for failure to follow required procedures to provide opportunity for participation in a rule making process, and in excess of statutory authority under Title VI, Equal Access Act, 20 U.S.C §§4071-73 and Every Student Succeeds Act, 20 U.S.C §7907. Plaintiff also seeks a preliminary injunction enjoining the DOE from implementing or enforcing the Title VI Documents.

Apr. 24, 2025: Judge Dabney Friedrich granted a preliminary injunction.

May 9, 2025: Plaintiffs filed an amended complaint.

Northern Alaska Environmental Center v. Trump (D. Alaska)

3:25-cv-00038

Complaint 2025-02-19


Amended Complaint 2025-06-16


Second Amended Complaint 2025-10-24

2025-02-19Awaiting Court RulingEnvironmentRescission of Previous Executive Orders and Actions, Including on Climate and Environment (Executive Order 14148)2025-10-24

In the previous presidential term, President Joe Biden withdrew parts of the U.S. Outer Continental Shelf from future oil and gas leasing in the interest of environmental conservation, pursuant to his authority under Section 12(a) of the Outer Continental Shelf Lands Act (OCSLA). On January 20, 2025, President Donald Trump issued EO 14148, which, among other actions, purported to reverse those withdrawals made by President Biden and thereby reopen formerly protected areas to oil and gas leasing. Plaintiffs argue that neither OCSLA nor any other law authorizes presidents to undo withdrawals. They allege that President Trump “acted in excess of his authority under Article II of the U.S. Constitution and intruded on Congress’s non-delegated exclusive power under the Property Clause, in violation of the doctrine of separation of powers.” They seek injunctive and declaratory relief to block the revocation of President Biden’s withdrawals.

Update 1: On Apr. 17, the American Petroleum Institute (API) filed a motion to intervene as a Defendant, which was unopposed by Plaintiffs and granted by Judge Sharon Gleason on May 5.
Update 2: On May 7, API answered the complaint and argued that Plaintiffs lack standing, are not entitled to relief, and have failed to state a claim upon which relief can be granted.

Update 3: On June 16, Plaintiffs filed an amended complaint, which added the Conservation Law Foundation as a plaintiff.

Update 4: On June 17, Judge Sharon Gleason ordered that the State of Alaska be admitted into the case as an intervenor-defendant.

Update 5: On June 24, Defendants answered Plaintiffs’ complaint.

Update 6: On June 30, Defendants answered Plaintiffs’ amended complaint.

Update 7: On October 23, the court granted plaintiffs’ motion for leave to file a second amended complaint and denied defendants’ motion to dismiss without prejudice, permitting defendants to refile in response to the amended pleading. On October 24, plaintiffs filed the second amended complaint.

Lighthiser v. Trump (D. Mont.)

2:25-cv-00054

Complaint

2025-05-29Case Closed/Dismissed in Favor of GovernmentEnvironmentRescission of Previous Executive Orders and Actions, Including on Climate and Environment (Executive Order 14148)2025-10-23

President Donald Trump has issued Executive Orders 14154, 14156, and 14261 with the objective of increasing fossil fuel use and production while reducing reusable energy sources. Plaintiffs are a group of children and young people seeking declaratory and injunctive relief against the executive orders on the basis that their lives allegedly are and will be harmed by an increase of fossil fuel pollution resulting from increased fossil fuel usage. They allege that the executive orders violate Fifth Amendment substantive due process by depriving Plaintiffs of their fundamental rights to life and liberty and are ultra vires.

June 13, 2025: Plaintiffs filed a motion for a preliminary injunction requesting that the court prohibit Defendants from implementing the Executive Orders (EOs). Plaintiffs filed a supporting memorandum with this motion.

Aug. 13, 2025: Montana, 18 other states, and Guam were permitted to intervene as defendants (State Intervenors).

Oct. 15, 2025: Following a Sept. 16–17 hearing on (1) Plaintiffs’ PI motion, (2) Defendants’ motion to dismiss, and (3) the State Intervenors’ motion to dismiss, Judge Christensen dismissed the case with prejudice, concluding the requested relief was not judicially redressable under Juliana v. United States and would intrude on separation of powers. The court wrote: “As is likely clear from the foregoing analysis, the Court reads Juliana to mandate this outcome. If the Ninth Circuit disagrees, the undersigned welcomes the return of this case to decide it on the merits.” The court granted defendants’ motion to dismiss and the state intervenors’ motion to dismiss, and denied plaintiffs’ PI motion as moot, and the clerk entered judgment the same day.

Oct. 20, 2025: Plaintiffs appealed to the Ninth Circuit (No. 25-6714).

Kāpa‘a, Conservation Council for Hawaii v. Trump (D. Haw.)

1:25-cv-00209

Complaint

2025-05-22Government Action BlockedEnvironmentRescission of Previous Executive Orders and Actions, Including on Climate and Environment (Executive Order 14148)2025-08-08

On April 17, 2025, President Trump announced Proclamation 10918, purporting to strip core protections from a Pacific Islands Heritage Marine National Monument site near Howland Island and Baker Island, Kingman Reef and Palmyra Atoll, Wake Island, Jarvis Island, and Johnston Atoll. On April 25, the National Marine Fisheries Service (NMFS) sent a letter to fishing permit holders purporting to open this site to commercial fishing. On May 22, two environmental non-profit organizations, a Native Hawaiian cultural practitioner and an affiliate of the National Wildlife Federation, filed suit challenging President Trump’s Proclamation 10918, alleging that the Proclamation violates the Antiquities Act (as ultra vires and exceeding Presidential authority), the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Administrative Procedure Act (APA) as not in accordance with laws and arbitrary and capricious, the National Environmental Policy Act (NEPA), the Endangered Species Act, as well as Constitutional violations, including the Separation-of-Powers Doctrine and the Take Care Clause. Plaintiffs seek declaratory and injunctive relief against the Proclamation and against agencies in carrying out the duties imposed by the Proclamation.

Update 1: On August 8, Judge Micah W.J. Smith granted summary judgment for Plaintiffs on their fifth and sixth claims for relief—holding that NMFS violated the MSA, NEPA, and the APA by issuing its April 25 letter purporting to open the Pacific Islands Heritage Marine National Monument to commercial fishing without engaging in notice-and-comment rulemaking. The court held that Plaintiffs have Article III standing and that the letter is reviewable “final agency action.” Citing Trump v. CASA, the court concluded that a “wholesale vacatur” of the April 25 letter was necessary to provide “complete relief” so that no commercial fisher could reasonably rely on the letter.

Environmental Defense Fund, Inc. v. Wright (D. Mass.)

1:25-cv-12249

Complaint

2025-08-12Temporary Block of Government Action DeniedEnvironmentRescission of Previous Executive Orders and Actions, Including on Climate and Environment (Executive Order 14148)2025-09-17

In March 2025, the U.S. Department of Energy (DOE) and the Environmental Protection Agency (EPA) established and utilized a Climate Working Group composed of individuals skeptical of mainstream climate science to produce a report that informed EPA’s proposed rescission of the 2009 determination that greenhouse gases threaten the public health and welfare of the American people (the “Endangerment Finding”). The group was formed and operated without public disclosure, and its report was published concurrently with EPA’s proposed rulemaking, which cited the report extensively. On August 12, the Environmental Defense Fund and the Union of Concerned Scientists filed a complaint challenging the administration’s conduct regarding the Climate Working Group. Plaintiffs allege that the formation and use of the Climate Working Group violated procedural and transparency requirements under federal law, depriving them and the public of access to meetings, records, and balanced representation. They claim these violations hinder their ability to participate in public comment processes and to advocate for science-based climate policy. Plaintiffs allege that the administration’s action violates the Administrative Procedure Act as arbitrary, capricious, not in accordance with law, in excess of statutory jurisdiction, authority, or limitations, and without observance of procedure required by law, including the Federal Advisory Committee Act, and constitutional and statutory provisions. They seek declaratory and injunctive relief to vacate the establishment and actions of the Climate Working Group, prohibit reliance on its report, compel disclosure of related records and extend public comment periods on EPA’s proposed rulemaking.

Update 1: On Sept. 17, Judge Young denied plaintiffs’ motion for a preliminary injunction, finding they had not demonstrated irreparable harm, while at the same time granting partial summary judgment that the Climate Working Group is subject to FACA because the 3.40(e) “exchange of facts” exception does not apply.

Northeast Organic Farming Association of New York v. U.S. Department of Agriculture (S.D.N.Y.)

1:25-cv-01529

Complaint

2025-02-24Awaiting Court RulingEnvironmentDeletion of climate change data from government websites2026-01-13

On Jan. 30, 2025, the United States Department of Agriculture (USDA) removed climate change-related data from many of its websites. Plaintiffs, including environmental organizations and a nonprofit representing farmers, gardeners, and consumers, allege that the removal of data violates the Paperwork Reduction Act, the Administrative Procedure Act, and the Freedom of Information Act. They seek declaratory judgment that the removal of information is unlawful; injunctions on further removal of information from agency websites; notice of any further modifications to webpages; and restoration of previously publicly-available datasets.

March 17, 2025: Plaintiffs filed a motion for a preliminary injunction, requesting that the Court order USDA to restore all webpages removed on Jan. 30 and prevent USDA from removing or substantially modifying additional webpages.

March 31, 2025: USDA filed its opposition to Plaintiffs’ motion for a preliminary injunction.

April 7, 2025: Plaintiffs filed a reply memorandum in support of their motion for a preliminary injunction.

May 12, 2025: USDA wrote a letter to notify the court that it would restore the climate-change-related web content that was removed post-Inauguration, including all USDA webpages and interactive tools enumerated in Plaintiffs’ Complaint.

July 2, 2025: USDA filed a status report updating the court on the progress it has made in restoring the climate-change-related web content that was removed post-Inauguration. USDA noted that the “vast majority of webpages–including all webpages that plaintiffs attached as exhibits to their complaint–have been restored.”

Jan. 13, 2026: Plaintiffs filed a status report indicating that the parties were continuing to assess whether an amicable resolution is possible and requested that the court grant the parties additional time to contemplate settlement.

State of New York v. Trump (D. Mass.)

1:25-cv-11221

Complaint

2025-05-05State A.G. PlaintiffsGovernment Action BlockedEnvironmentHalting Wind Energy Approvals2025-12-08

On January 20, 2025, President Trump issued a Presidential Memorandum that categorically and indefinitely halted all federal approvals necessary for the development of offshore- and onshore-wind energy, pending an inter-agency review. The Memorandum orders that federal agencies “not issue new or rendered approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices”. Plaintiffs, 17 States and the District of Columbia, seek a declaration that the adoption and implementation of this directive is a violation of the APA, a violation of federal environmental laws, and ultra vires. They also seek a preliminary injunction to prevent the federal government from implementing or otherwise giving effect to any action that halts or impedes wind energy development based on the directive.

Update 1: On Plaintiffs filed a motion for preliminary injunction, requesting that the Court enjoin the defendant federal agencies from implementing or giving effect to the directive.

Update 2: On May 29, the defendant federal agencies filed their opposition to Plaintiff’s motion for a preliminary injunction.

Update 3: On July 3, the Court affirms the lawsuit can proceed in part, dismissing the plaintiffs’ constitutional claims but allowing the claims related to the Administrative Procedure Act to proceed.

Update 4: On Dec. 8, Judge Patti Saris granted Plaintiffs’ motion for summary judgment, holding that the administration’s order halting federal approvals for development of wind energy was arbitrary and capricious and therefore unlawful under the Administrative Procedure Act.

Protect Our Coast NJ v. USA (D.N.J.)

3:25-cv-06890

Complaint



Amended Complaint 2025-07-04

2025-06-03Awaiting Court RulingEnvironmentHalting Wind Energy Approvals2025-07-04

On January 20, 2025, President Trump issued a Presidential Memorandum that indefinitely halted all federal approvals necessary for the development of wind energy and required that the Secretary of the Interior investigate all offshore wind projects to determine if they will cause ecological, environmental or economic harm. Plaintiffs are fisheries and fishing industry participants, trade groups, coastal environment nonprofits, and the mayor of Seaside Park, New Jersey, who are all claiming harm from the offshore wind Empire Wind project. Defendants are the United States, Secretary of the Interior Doug Burgum, the Bureau of Ocean Energy Management (BOEM) and its Acting Director Walter Cruickshank, Empire Wind, Equinor (owner of Empire Wind), and the Kingdom of Norway (the controlling owner of Equinor). Pursuant to the Memorandum, a stop work order was issued on Apr. 16, 2025, that stopped all work on Empire Wind until an investigation was completed. On May 19, 2025, the stop work order was reversed by BOEM and a reinstatement order allowing work to resume on Empire Wind was issued. Plaintiffs are arguing that the May 19 reinstatement order violated the Administrative Procedure Act (APA) because it is arbitrary, capricious, or unreasonable. Plaintiffs also claim that the reinstatement order violates the Outer Continental Shelf Lands Act (OCSLA), which prohibits Norway, as a foreign government, from acquiring a lease on the outer continental shelf of the U.S. Plaintiffs are requesting that the court declare that the May 19 reinstatement order was unlawful and an injunction directing that the reinstatement order be vacated and BOEM to resume investigating Empire Wind.

Update 1: On June 12, Plaintiffs filed an ex parte motion for order to show cause, seeking a temporary restraining order and preliminary injunction to prevent Defendants from proceeding with installation and construction activities for Empire Wind.


Update 2: On July 4, Plaintiffs filed an amended complaint in which it added additional plaintiffs.


Revolution Wind, LLC v. Burgum (D.D.C.)

1:25-cv-02999

Complaint

2025-09-04Government Action Temporarily BlockedEnvironmentHalting Wind Energy Approvals2026-01-12

Following the Jan. 20, 2025 issuance of a Presidential Memorandum restricting offshore wind development and a subsequent order by the Secretary of the Interior, on August 22, 2025 the Bureau of Ocean Energy Management (BOEM) issued a Stop Work Order requiring Revolution Wind, a company constructing an offshore wind project intended to provide energy to the New England region, to halt construction of the Revolution Wind Project (the “Project”). The Project commenced in 2023 following a multi-year process of review that resulted in a consensus decision of 15 federal and state agencies that the Project was both safe and consistent with federal and state law. Construction is now 80% complete at a cost of billions of dollars.

Revolution Road filed a complaint on Sept. 4, 2025, alleging that the Stop Work Order significantly harms its financial obligations and commercial commitments and endangers the energy, environmental and public health benefits of the Project. (An additional complaint was also filed by the States of Rhode Island and Connecticut, alleging that the Stop Work Order harms the states and their residents).The Plaintiff claims that the Stop Work Order is a violation of the Administrative Procedure Act as arbitrary and capricious, contrary to law as a violation of the provisions of the Outer Continental Shelf Lands Act (OCSLA) and a violation of due process under the Fifth Amendment, and seeks declaratory and injunctive relief staying and vacating the Stop Work Order and preventing any further interference with the Project.

Sept. 22, 2025: District Court Judge Lamberth enjoined the administration’s Stop Work Order which halted construction on Revolution Wind’s two-year offshore wind project intended to provide energy to the New England region. In a bench ruling, Judge Lamberth reportedly called the administration’s decision the “height of arbitrary and capricious action” and said it failed to offer any factual findings justifying the reversal.

Jan. 12, 2026: The court granted the Revolution Wind’s motion for a preliminary injunction, pausing the implementation of the government’s Stop Work Orders.

State of Rhode Island v. United States Department of the Interior (D.D.C.)

1:25-cv-04328

Complaint

2025-09-04State A.G. PlaintiffsGovernment Action Temporarily BlockedEnvironmentHalting Wind Energy Approvals2026-01-12

Following the Jan. 20, 2025 issuance of a Presidential Memorandum restricting offshore wind development and a subsequent order by the Secretary of the Interior, on August 22, 2025 the Bureau of Ocean Energy Management (BOEM) issued a Stop Work Order requiring Revolution Wind, a company constructing an offshore wind project intended to provide energy to the New England region, to halt construction of the Revolution Wind Project (the “Project”). The Project commenced in 2023 following a multi-year process of review that resulted in a consensus decision of 15 federal and state agencies that the Project was both safe and consistent with federal and state law. Construction is now 80% complete at a cost of billions of dollars.

The States of Connecticut and Rhode Island filed suit on Sept. 4, 2025, alleging that the Stop Work Order harms the energy, economic and contractual interests of their states and undermines their ability to meet state energy and environmental requirements. (An additional complaint was filed the same day by Revolution Wind.)The Plaintiff States claim that the Stop Work Order is a violation of the Administrative Procedure Act as arbitrary and capricious, as well as contrary to law and ultra vires as not in accordance with BOEM’s authority. The complaint also includes a citizen suit under the provisions of the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. § 1349, which provides that “any person having a valid legal interest which is or may be adversely affected” may commence a civil action to compel compliance with the Act and alleges that the Stop Work Order violates the procedural requirements of the OCSLA. The Plaintiff States seek declaratory and injunctive relief preventing any further interference with the Project.

Dec. 11, 2025: The court transferred the case from the District of Rhode Island to the District of Columbia.

Jan. 12, 2026: The court granted the State Plaintiffs’ motion for a preliminary injunction, pausing the implementation of the government’s Stop Work Orders.

Empire Leaseholder LLC v. Burgum (D.D.C.)

1:26-cv-00004

Complaint

2026-01-02Government Action Temporarily BlockedEnvironmentHalting Wind Energy Approvals2026-01-15

[Coming soon]

On Jan. 2, 2026, Plaintiffs Empire Leaseholder and Empire Offshore Wind filed a complaint alleging that the Department of the Interior and the Bureau of Ocean Energy Management (BOEM) unlawfully and without due process suspended construction of the fully permitted, multi-billion-dollar Empire Wind offshore wind project based on unsupported and pretextual “national security” claims.

Jan. 15, 2026: Judge Nichols granted Plaintiffs’ motion for a preliminary injunction and stay.

Sunrise Wind LLC v. Burgum (D.D.C.)

1:26-cv-00028

Complaint

2026-01-06Awaiting Court RulingEnvironmentHalting Wind Energy Approvals2026-01-06

[Coming soon]

On Jan. 6, Sunrise Wind sued the Department of the Interior, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement, alleging that the agencies unlawfully halted its almost half-completed offshore wind project based on a conclusory national security rationale.

State of New York v. Burgum (D.D.C.)

1:26-cv-00071

Complaint

2026-01-09State A.G. PlaintiffsAwaiting Court RulingEnvironmentHalting Wind Energy Approvals2026-01-09

Since June 2024, Empire Offshore Wind LLC and Empire Leaseholder LLC (together, Empire Wind) has been constructing a commercial wind installation (the Empire Wind Project) in federal waters on the Outer Continental Shelf, around 14 miles southeast of Long Island, under contract with the State of New York and the New York State Energy Research and Development Authority (NYSERDA) and with the approval of the Bureau of Ocean Energy Management (BOEM), a division of the U.S. Department of the Interior. On Dec. 22, 2025, BOEM issued an order directing Empire Wind to “suspend all ongoing activities related to [the Empire Wind Project] on the Outer Continental Shelf for the next 90 days for reasons of national security.” On Jan. 9, 2026, the State of New York and NYSERDA filed a complaint seeking to overturn the suspension, alleging the order violates the Administrative Procedure Act (APA) as arbitrary and capricious due to the breadth of the suspension and the failure to provide a reasoned explanation or justification for the change in position, which they contend is due to the administration’s opposition to wind energy rather than national security concerns. Plaintiffs seek declaratory and injunctive relief vacating the suspension order and enjoining its enforcement.

State of New York v. Burgum (D.D.C.)

1:26-cv-00072

Complaint

2026-01-09State A.G. PlaintiffsAwaiting Court RulingEnvironmentHalting Wind Energy Approvals2026-01-09

Since June 2024, Sunrise Wind LLC (Sunrise Wind) has been constructing a commercial wind installation (the Sunrise Wind Project) in federal waters on the Outer Continental Shelf, around 30 miles east of Long Island, under contract with the State of New York and the New York State Energy Research and Development Authority (NYSERDA) and with the approval of the Bureau of Ocean Energy Management (BOEM), a division of the U.S. Department of the Interior. On Dec. 22, 2025, BOEM issued an order directing Sunrise Wind to “suspend all ongoing activities related to [the Sunrise Wind Project] on the Outer Continental Shelf for the next 90 days for reasons of national security.” On Jan. 9, 2026, the State of New York and NYSERDA filed a complaint seeking to overturn the suspension, alleging the order violates the Administrative Procedure Act (APA) as arbitrary and capricious due to the breadth of the suspension and the failure to provide a reasoned explanation or justification for the change in position, which they contend is due to the administration’s opposition to wind energy rather than national security concerns. Plaintiffs seek declaratory and injunctive relief vacating the suspension order and enjoining its enforcement.

Vineyard Wind 1 LLC v. United States Department of the Interior (D. Mass.)

1:26-cv-10156

Complaint

2026-01-15Awaiting Court RulingEnvironmentHalting Wind Energy Approvals2026-01-15

Since 2021, Vineyard Wind has been constructing a commercial wind installation (the Vineyard Wind Project) in federal waters on the Outer Continental Shelf, around 14 miles from Massachusetts, with the approval of and a lease from the Bureau of Ocean Energy Management (BOEM), a division of the U.S. Department of the Interior. The construction was approved by the Department of Defense and subject to litigation, which was successfully defended by BOEM and is now approximately 95% completed. On Dec. 22, 2025, BOEM issued an order directing Vineyard Wind to “suspend all ongoing activities related to [the Vineyard Wind Project] on the Outer Continental Shelf for the next 90 days for reasons of national security.” On Jan. 15, 2026, Plaintiff filed a complaint seeking to overturn the suspension, alleging the order violates BOEM’s regulations as well as procedures set out in the lease and the Outer Continental Shelf Lands Act (OCSLA). Plaintiff also claims that the suspension violates their due process rights under the Fifth Amendment and violates the Administrative Procedure Act (APA) as arbitrary and capricious due to the failure to follow procedures and the failure to provide a reasoned explanation or justification for the change in position, which they allege is due to the administration’s opposition to wind energy rather than national security concerns. Plaintiff seeks declaratory and injunctive relief vacating the suspension order and enjoining its enforcement.

Virginia Electric and Power Company v. United States Department of the Interior (E.D. Va.)

2:25-cv-00830

Complaint

2025-12-23Awaiting Court RulingEnvironmentHalting Wind Energy Approvals2025-12-23

Coming soon.

On Dec. 23, 2025, Dominion Energy Virginia (DEV) filed a complaint against the Department of the Interior (DOI) and the Bureau of Ocean Energy Management (BOEM) seeking temporary, preliminary, and permanent injunctions against the implementation of a stop-work order issued by BOEM on the grounds that the order violated the APA, the Outer Continental Shelf Lands Act, and the Constitution.

Oregon Environmental Council v. Internal Revenue Service (D.D.C.)

1:25-cv-04400

Complaint

2025-12-18Awaiting Court RulingEnvironmentRescission of Federal Tax Credits for Solar and Wind Facilities2025-12-18

Plaintiffs are not-for-profit organizations interested in the promotion of renewable energy. Defendants are the Internal Revenue Service (IRS), Department of the Treasury, and the Secretary of the Treasury. Plaintiffs allege that the IRS recently decided—allegedly at the direction of President Trump—to eliminate a longstanding method for most solar and wind facilities to demonstrate eligibility for federal tax credits (the “Five Percent Safe Harbor Test,” which requires “paying or incurring five percent or more of the total cost of the facility.”) Plaintiffs argue that the decision is arbitrary and capricious agency action in violation of the Administrative Procedure Act (APA) because it provides no statutory or evidentiary justification for eliminating the Five Percent Safe Harbor Test for wind and solar facilities while retaining it for all other energy technologies. The decision allegedly provides no reason for ignoring the longstanding and ongoing industry reliance interests on the Five Percent Safe Harbor. The decision also allegedly does not discuss any alternatives to the elimination of the Five Percent Safe Harbor that might better accommodate these reliance interests. Plaintiffs primarily ask the court, therefore, to declare that defendants’ decision to end use of the Safe Harbor Test is contrary to law and arbitrary and capricious; and hold the decision unlawful.

Appalachian Voices v. United States Environmental Protection Agency (D.D.C.)

1:25-cv-01982

Complaint

2025-06-27Temporary Block of Government Action DeniedEnvironmentUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-09-25

In February 2025, the Environmental Protection Agency (EPA) under the direction of President Trump, began eliminating the Environmental and Climate Justice Block Grant program, which was created by Congress and funded by specific appropriations through the Inflation Reduction Act (IRA). The IRA directs the EPA to award grant program funding to disadvantaged communities. On Jun. 25, 2025, Appalachian Voices and various organizations filed a class action complaint against the EPA alleging that the termination violates the separation of powers, the Presentment Clauses, and the Administrative Procedure Act.

Update 1: On Jun. 27, 2025, Plaintiffs filed a motion for preliminary injunction, seeking reinstatement of the grant program, and a motion to certify the class. 

Update 2: On Aug. 29, Judge Leon granted Defendants’ motion to dismiss and denied Plaintiffs’ motions for a preliminary injunction and class certification, holding that the court lacked jurisdiction. The court concluded that Plaintiffs’ APA claim was, in substance, a contract claim over disbursed grant funds that must be brought in the Court of Federal Claims, and that their constitutional claim could not proceed independently where the alleged violation (failure to continue the Grant Program) was rooted in a statutory obligation under the Clean Air Act.

Update 3: On Sept. 16, Plaintiffs noticed an appeal to the D.C. Circuit from Judge Leon’s Aug. 29 dismissal order and denial of preliminary relief and class certification. On the same day, Plaintiffs, filed an emergency motion in district court asking Judge Leon for an injunction pending appeal.

Lopez v. United States of America (D. Ariz.)

2:25-cv-02758

Complaint

2025-07-24Government Action Temporarily BlockedEnvironmentConstruction on Public Lands2025-10-26

Since the mid-1900s, the United States government has recognized and protected the religious significance of Oak Flat in Arizona as a site of religious significance to Western Apaches, which was taken by force from the Western Apache over 150 years ago. In 1995, a large copper deposit was discovered beneath Oak Flat and in 2014, the Secretary of Agriculture transferred the title of Forest Service lands, including Oak Flat, to Resolution, a foreign-owned copper mining company, and revoked previous protections for Oak Flat, subject to the publication of an environmental impact statement (EIS). On March 20, 2025, President Trump issued Executive Order (EO) 14241 titled "Immediate Measures to Increase American Mineral Production", stating that the United States must “take immediate action to facilitate domestic mineral production to the maximum possible extent” and ordering agencies to “identify priority projects that can be immediately approved or for which permits can be immediately issued.” An EIS relating to Oak Flat,, which confirmed that the surface mining project will destroy Oak Flat, including for use by Western Apaches for religious practice, and that other, more expensive but less destructive mining techniques are allegedly available, was published on June 20, 2025 and the government then stated its intent to transfer Oak Flat to Resolution on August 19, 2025.


On July 24, members of the Apache community filed a complaint challenging the administration’s plan to develop a mine on Oak Flat. The Plaintiffs allege the plan violates multiple statutes including the Religious Freedom Restoration Act, the First Amendment Free Exercise Clause, National Environmental Policy Act (NEPA), National Historic Preservation Act, and the Administrative Procedure Act (APA) for arbitrary and capricious conduct,, and seek a permanent injunction to prevent the transfer of Oak Flat to Resolution and a declaration that the transfer and destruction of Oak Flats would be invalid.

Update 1: On July 25, Plaintiffs filed a motion for a preliminary injunction requesting that the court enjoin Defendants from conveying Oak Flat to the mining company on August 19 or otherwise allowing or authorizing the company to take any action affecting Oak Flat’s physical integrity.

Update 2: On Aug. 1, D.C. District Judge Timothy J. Kelly issued an order and opinion that the case be transferred to the District of Arizona, where it is now proceeding as Lopez v. United States of America, No. 2:25-cv-02758 (D. Ariz.).

Update 3: On Aug. 15, Plaintiffs filed a motion requesting that, if the court denied their July 25 motion for a preliminary injunction, it should instead enter an expedited injunction pending appeal to the Ninth Circuit.

Update 4: On Aug. 17, Judge Dominic W. Lanza denied the plaintiffs’ motion for a preliminary injunction and their emergency motion for an injunction pending appeal. Plaintiffs filed a notice of appeal the same day,

Update 5: On Oct. 26, the Ninth Circuit scheduled oral arguments for Jan. 7, 2026.

Southern Utah Wilderness Alliance v. United States Department of the Interior (D. Utah)

2:25-cv-00657

Complaint

2025-08-07Awaiting Court RulingEnvironmentConstruction on Public Lands2025-08-07

In August 2019, the former Assistant Secretary of Lands and Minerals Management approved a potash mining project on public lands in Utah’s West Desert and Sevier Lake region following an environmental impact statement (EIS). In 2025, the mining company, Peak Minerals, proposed a different plan with a longer timeline and expanded production that would allegedly significantly impair the natural habitat for migratory birds and create considerable light pollution in the area. In the winter of 2025, the Bureau of Land Management (BLM) announced it would conduct a supplemental environmental assessment to study the expanded project plans. However, in April 2025, BLM stopped this new environmental assessment and approved the new plan through a Determination of National Environmental Policy Act Adequacy (DNA), that had been conducted to support the original, smaller 2019 plan, which allegedly did not cure NEPA violations over which the Plaintiff, Southern Utah Wilderness Alliance (SUWA), previously sued.

On August 7, 2025, a Utah-based nonprofit environmental membership organisation that works to protect public land in Utah filed a complaint challenging the administration’s approval of the modified 2025 mining plan from Peak Minerals. The Plaintiff alleges that the administration used the 2019 DNA “to circumvent the necessary supplemental environmental analysis” for the modified plan and that the administration violated the Administrative Procedure Act (APA) and NEPA, and seeks to halt the mining plan until the administration has complied with the law.

Defenders of Wildlife v. Burgum (D. Alaska)

3:25-cv-00319

Complaint

2025-11-12Awaiting Court RulingEnvironmentConstruction on Public Lands2025-11-12
Native Village of Hooper Bay v. Doug Burgum (D. Alaska)

3:25-cv-00316

Complaint

2025-11-12Awaiting Court RulingEnvironmentConstruction on Public Lands2025-11-12
Center for Biological Diversity v. Burgum (D.D.C.)

1:25-cv-04285

Complaint

2025-12-10Awaiting Court RulingEnvironmentModifications to National Parks Pass2025-12-10

[Coming soon - On Dec. 10, the Center for Biological Diversity sued the Departments of the Interior and Agriculture and the National Park Service for placing pictures of President Donald Trump on national park passes in violation of the Federal Lands Recreation Enhancement Act.]

Sovereign Inupiat for a Living Arctic v. Burgum (D. Alaska)

3:25-cv-00356

Complaint

2025-12-11Awaiting Court RulingEnvironmentNoncompliance with Environmental Impact Requirements2025-12-11

[Coming soon - On Dec. 11, 2025, a grassroots organization comprising Iñupiat Peoples and community members, along with environmental non-profits, sued the Department of the Interior and the Bureau of Land Management over the approval of drilling in the National Petroleum Reserve in Alaska.]

Center For Biological Diversity v. National Marine Fisheries Service (N.D. Cal.)

4:25-cv-09109

Complaint

2025-10-23Awaiting Court RulingEnvironmentNoncompliance with Environmental Impact Requirements2025-10-23

Two environmental organizations filed suit against the U.S. Coast Guard (USCG) and the National Marine Fisheries Service (NMFS) alleging violations of the Endangered Species Act (ESA) which requires the USCG, which regulates vessel traffic off the California coast, to consult with the NMFS to ensure that its actions do not endanger any protected species. They argue that USCG violates the ESA by failing to ensure that its actions, such as creating revised shipping lanes, do not jeopardize ESA-listed species, and further contend that because USCG’s previous biological opinion was vacated by a court in 2017 and USCG’s reliance on that biological opinion was declared unlawful, there is currently no valid biological opinion covering USCG’s actions. Plaintiffs also claim that because USCG’s routing measures are major federal actions under the National Environmental Policy Act, they violate that statute by failing to prepare an environmental impact statement. Plaintiffs further allege that NMFS violates the Administrative Procedures Act (APA) by unlawfully withholding and unreasonably delaying completion of the consultation on USCG’s actions. Plaintiffs seek declaratory and injunctive relief.

Center for Biological Diversity v. U.S. Fish and Wildlife Service (D.D.C.)

1:26-cv-00043

Complaint

2026-01-08Awaiting Court RulingEnvironmentNoncompliance with Endangered Species Act2026-01-08

[Coming soon]

On Jan. 8, the Center for Biological Diversity sued the administration for refusing to protect the Rio Grande cooter (a freshwater turtle) under the Endangered Species Act, arguing that climate change and current conditions place it at risk of extinction.

Center for Biological Diversity v. EPA (Ninth Circuit)

26-298

Petition

2026-01-15Awaiting Court RulingEnvironmentNoncompliance with Endangered Species Act2026-01-15

Coming soon.

On Jan. 15, 2026, two non-profits petitioned the Ninth Circuit to review and set aside as violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) an EPA final order approving the registration of isocycloseram as a new active ingredient and attendant registrations of products containing it.

Gwich'in Steering Committee v. United States Department of the Interior (D. Alaska)

3:20-cv-00204

Complaint

2026-01-13Awaiting Court RulingEnvironmentPermitting Oil Drilling in Protected Lands or Wildlife Refuges2026-01-13

Coming soon.

On Jan. 13, 2026, a tribal organization and several environmental non-profits requested leave to file an amended and supplemental complaint to renew litigation originally commenced in 2020. The groups seek vacatur and declaratory and injunctive relief against the Department of the Interior, the Bureau of Land Management, and the Fish & Wildlife Service for actions and decisions relating to the administration’s plans to allow oil drilling across the coastal plain of the Arctic National Wildlife Refuge (ANWAR).

State of California v. United States of America (N.D. Ca.)

4:25-cv-04966

Complaint

2025-06-12State A.G. PlaintiffsAwaiting Court RulingEnvironmentVehicle Standards Preemption2025-06-12

Coming soon.

State of New Jersey v. Bondi (D. Md.)

1:25-cv-01807

Complaint

Amended Complaint

2025-07-07

2025-06-09State A.G. PlaintiffsAwaiting Court RulingFederalismDeregulation and Other Regulatory Changes2025-08-19

Starting in 1934, the National Firearms Act (NFA) as well as several subsequent Congressional acts have regulated the manufacture, importation, sale, or other disposal of certain types of firearms, including weapons defined as “a machinegun”. Machinegun conversion devices (MCDs) are devices that are used to convert a semi-automatic firearm, which requires a shooter to release and pull the trigger for each shot they fire, into a machinegun that fires automatically. The “forced reset trigger,” or “FRT,” is a type of MCD that is designed to replace the standard trigger assembly on an AR-15-type rifle. Since the 1970s, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has consistently classified devices functionally similar to FRTs as prohibited machineguns under federal law.

Over the last few years, ATF undertook enforcement efforts that succeeded in enjoining distributors from selling FRTs and FRT equipped weapons, and conducted extensive retrieval operations, seizing nearly 12,000 FRTs from the field. In 2023, ATF brought an enforcement action against Defendant Rare Breed Triggers (RBG) in New York, after which the district court issued a preliminary injunction against the continued distribution of FRT’s (subsequently appealed to the Second Circuit), and a civil forfeiture action in the District of Utah against certain of RBG’s subcontractors (collectively, the RBG Defendants).

In August 2023, Defendant National Association of Gun rights (NAGR) challenged the ATF’s classifications of the FRT-15 as machineguns in the Northern District of Texas, and in July 2024, the district court granted plaintiffs’ motion for summary judgment and vacated and set aside the challenged classifications, enjoined the United States from implementing or enforcing ATF’s “expanded definition of ‘machinegun’” against the plaintiffs to the suit, enjoined the United States from pursuing criminal enforcement actions against the RBT Defendants, and ordered the United States to return any FRTs “seized pursuant to their unlawful classification” to all parties in that litigation within 30 days. The United States appealed the NAGR decision.

On February 7, 2025, President Trump issued Executive Order (EO) 14,206 titled “Protecting Second Amendment Rights,” which directed Defendant Bondi to review, among other things, all rules ATF promulgated between 2021 and 2025, and all positions taken by the federal government in lawsuits related to firearms. On May 16, 2025, Defendants entered into a settlement agreement (the Agreement), which resolved all three of the above actions in New York, Utah and Texas. The Agreement states that the Government will not enforce any statute or agency interpretation under which an FRT is “contended to be” a machinegun provided that the FRTs are not designed for use in handguns, and purports to bind the government perpetually and universally from enforcing the NFA against FRTs.The Agreement also commits the federal government to return FRTs that any federal agency “has seized or taken as a result of a voluntary surrender” in response to any request received by September 30, 2025 (the “Redistribution Policy”). This Redistribution Policy is not limited to the states that are the subject of the Agreement and instead requires the government to return FRTs to any entity or individual from whom they were seized. The Agreement includes no carve outs on its face that would exclude returns to individuals or entities located in States that bar the possession of FRTs or FRT-equipped firearms or individuals who are barred from possessing firearms by federal law such as convicted felons.

Plaintiffs, a coalition of 14 states, the District of Columbia and Commonwealth of Massachusetts (the “Plaintiff States”), filed a complaint with an accompanying memorandum of support on June 9, 2025, contending that the government’s decision to reverse its position on the redistribution of FRT’s will impose “serious sovereign and fiscal injuries” on them by increasing the number of FRTs in their jurisdictions. The complaint notes that at least 14 of the Plaintiff States have state laws that independently prohibit FRTs or FRT-equipped firearms, and since the Redistribution Policy does not include a carve out for individuals who are prohibited from possessing firearms under state laws, ATF is injuring the States’ sovereign interests by facilitating the violation of their laws. Plaintiffs also contend that States will incur greater law enforcement costs from having to enforce these state prohibitions, and that because it is substantially likely that the Redistribution Policy will lead to the increased use of FRTs, including in criminal incidents, they will incur additional law enforcement costs in general as well as increased health care and emergency medical response costs.

The Plaintiff States seek a declaration that the Redistribution Policy is ultra vires as it contravenes NFA laws regulating machine guns and violates the Administrative Procedures Act (APA) as an action by an administrative agency in excess of statutory right. They ask the court to preliminarily and permanently enjoin Defendants from implementing or enforcing the Redistribution Policy and to vacate and set aside the Agreement.

July 7, 2025: Plaintiffs filed an amended complaint in which the State of California was added a Plaintiff.

July 11, 2025: Plaintiffs withdrew their motion for a preliminary injunction.

July 24, 2025: All Plaintiffs and Defendants stipulated the dismissal of the non-federal defendants–specifically Kevin Maxwell; Lawrence DeMonico; Rare Breed Triggers, LLC; Rare Breed Firearms, LLC; National Association for Gun Rights, Inc.; Texas Gun Rights, Inc.; Patrick Carey; James Wheeler; and Travis Speegle.

Aug. 15, 2025: The parties filed a joint motion to stay the proceedings in this matter for six months.

Aug. 19, 2025: The court granted the motion to stay proceedings through Feb. 19, 2026.

Newsom v. Trump (N.D. Cal.)

3:25-cv-04870

Complaint

2025-06-09Government Action Temporarily BlockedFederalismFederalization of National Guard/Domestic Use of Military2025-12-11
On June 7, 2025, President Donald Trump issued a memorandum that called into federal service members of the California National Guard to respond to protests related to the Administration’s efforts to enforce immigration laws. United States Secretary of Defense Pete Hegseth subsequently issued two sets of orders shortly thereafter, ordering a total of 4,000 California National Guard members into federal service. President Trump’s memo invoked 10 U.S.C. 12406 as authority to call these National Guard members into federal service. Plaintiffs California Governor Gavin Newsom and the State of California brought suit against President Trump, Secretary Hegseth, and the Department of Defense, alleging that Section 12406 does not provide the President with authority to federalize a State’s National Guard without consultation and permission from the State’s Governor. Governor Newsom argues that this is a violation of the Governor’s authority as Commander in Chief of the California National Guard, that California already had sufficient resources to respond to the protests, and that diverting 4,000 service members impairs the Governor’s ability to call upon the National Guard for emergencies and to carry out other critical functions. Plaintiffs allege that the Defendants’ acted ultra vires, because the statute does not provide authority for the President to federalize National Guard members without going through the Governor, and further that the conditions articulated in the statute have not otherwise been met. Plaintiffs also allege that Defendants’ actions violate the Tenth Amendment, and further that Secretary Hegseth’s and the Department of Defense’s actions violate the Administrative Procedure Act as arbitrary and capricious agency action. Plaintiffs have asked the court to declare the memo and subsequent orders unauthorized, and for injunctive relief prohibiting the Department of Defense from federalizing and deploying the California National Guard. The state filed an additional motion seeking atemporary restraining order by 1:00 p.m. PT on June 10, 2025, citing imminent harm to state sovereignty, the diversion of critical public safety resources, and the risk of escalating civil unrest.

June 10, 2025: Judge Breyer scheduled a hearing on California’s request for a temporary order restraining Defense Secretary Pete Hegseth from ordering National Guard troops and Marines to support immigration raids in Los Angeles. In a brief submitted on June 11, the Department of Justice called the claims “baseless,” arguing that judicial intervention “would not only hinder federal law enforcement but also expose federal employees and property to violence and vandalism by the rioters in Los Angeles.”

June 12, 2025: Judge Breyer heard arguments on California’s request for a temporary order restraining Defense Secretary Pete Hegseth from ordering National Guard troops and Marines to support immigration raids in Los Angeles.

June 12, 2025: Judge Breyer granted a temporary restraining order enjoining the administration from deploying members of the California National Guard in Los Angeles and directing the administration to return control of the California National Guard to Governor Newsom.

June 12, 2025: The Ninth Circuit issued an administrative stay before midnight on June 12.

June 19, 2025: The Ninth Circuit granted the federal government a stay pending appeal.

June 24, 2025: Judge Breyer approved California’s request for “expedited and limited” discovery regarding the administration’s claim that it acted beyond the limitation of the Posse Comitatus Act, which forbids federal troops from engaging in civil law enforcement unless expressly authorized by law. Judge Breyer directed the administration to respond to the discovery request by 9:00 AM the following day.

July 29, 2025: Judge Breyer issued an order scheduling a three-day bench trial to begin August 11.

Sept. 2, 2025: Judge Breyer ruled that the administration violated the Posse Comitatus Act when President Trump ordered the National Guard and Marines to Los Angeles in June 2025. The court found that the deployment, which involved federal troops performing law enforcement functions, fell outside any statutory exception and directly contravenes the 1878 Act, which prohibits the use of the U.S. military to execute domestic law. Judge Breyer issued an injunction barring the use of federal troops to perform law enforcement functions in California, though he allowed the 300 remaining troops to continue performing permitted activities such as security for federal buildings.

Sept. 2, 2025: Following the trial, Judge Breyer ruled that the use of the National Guard for peacetime law enforcement was unlawful and actions carried out by the Guard in and around Los Angeles violated the Posse Comitatus Act.

Sept. 2, 2025: California Attorney General Rob Bonta and Governor Gavin Newsom filed a motion for a preliminary injunction to block the extension of time for the deployment of 300 National Guard troops to California and restore control of the California National Guard to Governor Newsom. California now seeks an injunction against future similar violations.

Sept. 4, 2025: The Ninth Circuit Court of Appeals temporarily stayed the implementation of the injunction barring the use of federal troops to perform law enforcement functions in California, while the matter is on appeal.

Oct. 22, 2025: The Ninth Circuit rejected a request to rehear en banc the panel’s June 19 stay of Judge Breyer’s original TRO.

Dec. 10, 2025: Judge Breyer granted Plaintiffs’ motion for a preliminary injunction, temporarily blocking the administration from deploying members of the National Guard in Los Angeles. The ruling is stayed until Dec. 15 to allow for appeal.

Dec. 11, 2025: Defendants appealed Judge Breyer’s Dec. 10 preliminary injunction order to the Ninth Circuit.

District of Columbia v. Trump (D.D.C.)

1:25-cv-02678

Complaint

2025-08-15State A.G. PlaintiffsCase Closed/Dismissed in Favor of GovernmentFederalismFederalization of National Guard/Domestic Use of Military2025-09-26

On August 11, 2025 President Donald J. Trump issued Executive Order (EO) 14333 “Declaring a Crime Emergency in the District of Columbia,” in which he invoked his authority under Section 740 of the Home Rule Act, though without identifying any new or exigent circumstances for the invocation of Section 740 beyond a general allegation that violent crime in DC is “increasing”, and announced that he was placing the DC Police Department under direct federal control. On August 15, Attorney General Pamela Bondi issued Order No. 6372 , a directive implementing the EO. On August 15 the District of Columbia filed a complaint challenging the administration's actions and the directive as beyond the scope of narrow Section 740 authority. The District alleges that the administration’s actions violate the Administrative Procedure Act (APA) as exceeding statutory authority, contrary to law, and arbitrary and capricious, the Separation of Powers, the Take Care Clause, and the District Clause, and ultra vires regarding the DC Home Rule Act, and seeks an injunction to halt the implementation of the executive order and federal takeover of the DC Police Department. Plaintiffs filed a motion for a temporary restraining order concurrently.

Update 1: On Sept. 26, the court dismissed the case without prejudice following Plaintiffs’ notice of voluntary dismissal.

District of Columbia v. Trump (D.D.C.)

1:25-cv-03005

Complaint

2025-09-04State A.G. PlaintiffsGovernment Action Not Blocked Pending AppealFederalismFederalization of National Guard/Domestic Use of Military2025-12-17

On Aug. 11, 2025 President Donald J. Trump announced that he was deploying the National Guard to help reestablish law, order, and public safety in Washington, D.C., and issued a memorandum titled “Restoring Law and Order in the District of Columbia” directing the Secretary of Defense to mobilize the District of Columbia National Guard “to address the epidemic of crime in our Nation’s capital.” On August 25, 2025, President Trump issued an additional Executive Order 14339 (EO) entitled ” Additional Measures to Address the Crime Emergency in the District of Columbia”, after which National Guard troops from at least seven states were mobilized into the District.

The District of Columbia filed suit on Sept. 4, alleging that the deployment of the National Guard for public safety reasons, and without the mayor’s consent, violates DC’s autonomy under the Home Rule Act, a federal law that established local self-governance for the District, the Emergency Management Assistance Compact, since National Guard units from other states were sent despite a lack of mutual agreement or a request from the District, the Posse Comitatus Act, a federal law that prohibits the use of federal troops for peacetime law enforcement activities, and the District Clause which vests authority over legislation in the District exclusively with Congress. The complaint also alleges that the deployment is a violation of the separation of powers and the Take Care Clause of the Constitution, and violates the Administrative Procedure Act (APA) as contrary to law. The District seeks a declaration that the deployment is unlawful and an injunction against further unauthorized troop deployments.

2025-11-20: Judge Cobb temporarily blocked the administration from using the D.C. National Guard for crime control in the District and from using out-of-state Guards. The order is slated to take effect on Dec. 11 in order to “permit orderly proceedings on appeal.”

2025-12-17: The D.C. Circuit granted the administration’s motion for a stay pending appeal, temporarily allowing the deployment of National Guard troops in D.C. while the appeal proceeds.

Oregon v. Trump (D. Or.)

3:25-cv-01756

Complaint

2025-09-28State A.G. PlaintiffsGovernment Action Blocked Pending AppealFederalismFederalization of National Guard/Domestic Use of Military2026-01-05

On Sept 27, 2025, President Donald J. Trump posted on social media that “I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists. I am also authorizing Full Force, if necessary.” On Sept. 28, Secretary Pete Hegseth sent a memorandum to the Oregon National Guard Adjunct General and the Oregon Governor stating that 200 members of the Oregon National Guard would be called into federal service, referencing 10 U.S.C. §12406.

That same day, Oregon and the City of Portland filed a complaint alleging that the statutory conditions for federalizing the Guard under §12406 were not met. Plaintiffs note that the President’s authority over a state’s National Guard pursuant to § 12406 is limited to circumstances involving a foreign nation’s “invasion,” an outright “rebellion,” or where the President has been “unable with regular forces” to execute Federal Law through ordinary means, and argue that Defendants’ invocation of the prerequisites for federalization in § 12406 was wholly pretextual, motivated by the desire to normalize the use of military troops for ordinary domestic law enforcement activity while also punishing politically disfavoured jurisdictions like Portland, Oregon.

The complaint asserts violations of the Posse Comitatus Act, which forbids Defendants from employing the armed forces to engage in law enforcement “except in cases and under circumstances expressly authorized by the Constitution or Act of Congress” ,18 U.S.C. § 1385; the Tenth Amendment as disparate treatment based on a politically motivated retaliation for the Plaintiffs’ adoption of policies and thus in violation of the equality of state sovereignty; the Separation of Powers and the Militia and Take Care Clauses; and the Administrative Procedures Act (APA) as arbitrary and capricious, in excess of statutory authority, and contrary to law. Plaintiffs seek a declaration that any order federalizing and deploying members of the Oregon National Guard is ultra vires and contrary to law and a preliminary and permanent injunction against their deployment.

Sept. 29, 2025: Plaintiffs moved for a temporary restraining order to stay Hegseth’s memorandum, arguing they were likely to succeed on their claims and that the diversion of Guard members from their state responsibilities constitutes an ongoing harm to public safety and economic stability.

Oct. 2, 2025: The Department of Justice filed a “Suggestion of Recusal,” seeking Judge Simon’s recusal from the case because his spouse, Representative Suzanne Bonamici, has publicly opposed the deployment. Defendants state that they “recognize that Judge Simon and Representative Bonamici speak for themselves, not for each other” but argue that the “unique” role that Representative Bonamici has played in this case “create[s] the appearance of partiality.”

Oct. 4, 2025: District Court Judge Karin J. Immergut granted a temporary restraining order blocking the Sept. 28 memorandum ordering the federalization and deployment of Oregon National Guard service members to Portland. In granting the TRO, the court found that the administration likely exceeded its authority under 10 U.S.C. § 12406 and violated the Tenth Amendment. On Oct. 5, plaintiffs filed an amended complaint adding the State of California and moved for a second temporary restraining order after the administration ordered the deployment of the California National Guard to Oregon under the same authority, seeking to circumvent the initial order. Judge Immergut quickly granted the second TRO, extending her order to prohibit the deployment of any federalized members of the National Guard in Oregon, regardless of their state origin. The administration has announced it intends to appeal both decisions.

Oct. 8, 2025: The Ninth Circuit Court of Appeals granted an administrative stay of District Court Judge Karin J. Immergut’s Oct. 4 Temporary Restraining Order blocking the Sept. 28 memorandum authorizing the federalization of the Oregon National Guard. Because the Oregon National Guard had already been federalized, the court said, the “administrative stay will best preserve the status quo” while the appeal is pending. Today’s order does not address the underlying merits or Judge Immergut’s further Oct. 5 order, which prevents the deployment of out-of-state National Guard troops to Oregon.

Oct. 15, 2025: District Court Judge Karin J. Immergut reportedly extended two Temporary Restraining Orders by 14 days, one blocking a Sept. 28 memorandum authorizing the federalization of the Oregon National Guard and the second preventing the deployment of federalized National Guard troops, including from other states, to Portland. The orders were set to expire on Oct. 17. On Oct. 8, the Ninth Circuit Court of Appeals granted an administrative stay of the TRO blocking federalization of the National Guard, holding that the “administrative stay will best preserve the status quo” while the appeal is pending, although it left in place the order prohibiting the deployment of the Guard.

Oct. 20, 2025: The Ninth Circuit Court of Appeals granted the administration’s emergency motion to stay a district court order that had blocked the federalization of 200 members of the Oregon National Guard. In a 2-1 decision, the panel concluded that the President likely lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), finding his decision “reflect[ed] a colorable assessment of the facts and law within a ‘range of honest judgment.’” The majority found that the district court had erred by minimizing evidence of violence in the months before the federalization order was issued and that it placed too much emphasis on Trump’s social media remarks, writing that the deployment constituted a “proportionate” and “measured” response by “sending only a minimal number of Guardsmen to restore order around a federal building” and that the decision of how many troops to send “warrants the highest possible deference.” Judge Graber dissented, warning that the ruling “hands the President a blank check to militarize domestic disputes whenever he declares himself dissatisfied with civilian law enforcement.” The stay reinstates the administration’s power to deploy the Oregon National Guard while the appeal proceeds.

Oct. 24, 2025: The Ninth Circuit Court of Appeals applied an administrative stay on an earlier order temporarily blocking the administration from deploying the Oregon National Guard while the legal challenge against it proceeds. The ruling temporarily reinstates the district court’s order while the full court determines whether to rehear the case en banc.

Oct. 28, 2025: The Ninth Circuit Court of Appeals agreed to hear the case en banc, vacating a panel decision to grant the administration’s stay on a previous order temporarily blocking the administration from deploying the Oregon National Guard while the legal challenge against it proceeds.

Nov. 2, 2025: District Court Judge Karin J. Immergut granted Plaintiffs a preliminary injunction enjoining the administration from federalizing and deploying members of the National Guard in Oregon until November 7, when the court intends to issue its final opinion on the merits. The court found that Plaintiffs met requisite thresholds for likelihood of success, irreparable harm, and balance of equities to merit a preliminary injunction on their claims that the federalization and deployment of the National Guard violates 10 U.S.C § 12406 and the Tenth Amendment.

Nov. 7, 2025: The district court issued a permanent injunction blocking the deployment of the federalized Guard to Oregon. The federal government appealed to the Ninth Circuit on Nov. 14.

Nov.16, 2025: The administration filed an emergency motion for a stay of the District Court’s ruling pending resolution of their appeal.

Nov. 19, 2025: The Ninth Circuit granted a partial administrative stay of Judge Karin J. Immergut’s November 7 permanent injunction, staying the injunction “to the extent that it enjoins the federalization of the Oregon National Guard” while the panel considers the government’s stay motion. The court further stayed consideration of the stay motion pending the U.S. Supreme Court’s ruling on the government’s application for a stay in Trump v. Illinois, No. 25A443.

Jan. 5, 2026: The court granted Plaintiffs’ unopposed motion to stay remaining claims until the Ninth Circuit resolves defendants’ consolidated appeals or until further order of the court.

Illinois v. Trump (N.D. Ill.)

1:25-cv-12174

Complaint

2025-10-06State A.G. PlaintiffsGovernment Action Blocked Pending AppealFederalismFederalization of National Guard/Domestic Use of Military2025-12-23

Following a series of social media posts by President Donald J. Trump and members of his administration in which they called for increased immigration enforcement operations in the greater Chicago metropolitan area, in September 2025 the administration deployed Department of Homeland Security (DHS) agents and ICE officers in the city. After protests began against the presence of and tactics used by these agents, the administration then claimed that the presence of Department of Defense (DOD) personnel was needed to combat “coordinated assault by violent groups . . . actively aligned with designated domestic terror organizations”. In response, on October 4th DOD Secretary Pete Hegseth sent a memorandum stating his intention to federalize and bring under DOD control up to 300 members of the Illinois National Guard and on October 5th, sent another memorandum which ordered another up to 400 National Guard from the State of Texas to deploy into Chicago. The memoranda invoked 10 U.S.C. § 12406, which gives the President authority over a state’s National Guard in circumstances involving a foreign nation’s “invasion,” an outright “rebellion,” or where the President has been “unable with regular forces” to execute Federal Law through ordinary means.

On Oct. 6, 2025, the State of Illinois and the City of Chicago filed suit to stop the administration’s federalization of Illinois National Guard troops and deployment of the Texas National Guard to Chicago, arguing that the invocation of the prerequisites for federalization in § 12406 was wholly pretextual, motivated by the desire to normalize the use of military troops for ordinary domestic law enforcement activity while also punishing politically disfavoured jurisdictions like Chicago. The complaint alleges that Defendants actions are ultra vires as actions taken outside the authority of 10 U.S.C. § 12406, as well as violations of the Posse Comitatus Act, 18 U.S.C. § 1385, which forbids the armed forces from engaging in law enforcement “except in cases and under circumstances expressly authorized by the Constitution or Act of Congress”, the Tenth Amendment, provisions of the Constitution protecting equal sovereignty among states, the Administrative Procedure Act (APA) as exceeding statutory authority, contrary to law, and arbitrary and capricious, Separation of Powers and the Take Care Clause of the Constitution, and the U.S. Constitution Militia Clauses. They seek declaratory and injunctive relief against the deployment of the Illinois and Texas troops. On the same day Plaintiffs moved for a temporary restraining order to stay the deployment.

Oct. 9, 2025: District Court Judge April Perry granted a temporary restraining order enjoining the “federalization and deployment of the National Guard of the United States within Illinois,” which was subsequently followed by an opinion. The administration appealed the order on the same day to the Court of Appeals for the Seventh Circuit.

Oct. 11, 2025: The Seventh Circuit denied the request for an administrative stay as to the deployment of the federalized National Guard to Chicago. However, the appeals court granted an administrative stay for the part of the lower court order blocking the federalization of the Guard. “Members of the National Guard do not need to return to their home states unless further ordered by a court to do so,” the appellate court said in its brief order.

Oct. 16, 2025: The Seventh Circuit Court of Appeals issued a per curiam opinion denying the Trump administration’s request to stay a district court order that blocked deployment of the Illinois National Guard under 10 U.S.C. § 12406. The court agreed with the lower court that the President’s Oct. 4 federalization order, issued to suppress protests against “Operation Midway Blitz,” lacked statutory justification finding that the demonstrations at an ICE facility in Broadview, Illinois, did not constitute a “rebellion or danger of rebellion” nor did they show the President was “unable with the regular forces to execute the laws.” The panel rejected the claim of unreviewable presidential discretion and found the administration unlikely to prevail under § 12406 or the Tenth Amendment. While allowing Guard troops to remain temporarily under federal control, the court kept in force the injunction barring their deployment in Illinois pending appeal.

Oct. 17, 2025: The Trump administration filed an emergency appeal of the district court’s order to the Supreme Court of the United States, asking for the order enjoining the deployment to be stayed and requesting an immediate administrative stay. Describing the protests in Chicago as “prolonged, coordinated, violent resistance”, the administration argued that the lower court decision “improperly impinges on the president’s authority and needlessly endangers federal personnel and property.” The filing contends that only the President can determine whether the conditions for federalizing troops has been met and that the Seventh Circuit had placed itself “in the untenable position of controlling the military chain of command and judicially micromanaging the exercise of the President’s Commander-in-Chief powers.” The Supreme Court instructed the State of Illinois and City of Chicago to file their responses by 5pm on Monday, Oct. 20.

Dec. 23, 2025: The Supreme Court denied the government’s stay request, concluding that 10 U.S.C. § 12406(3) likely refers to the regular forces of the U.S. military and that the government failed at this preliminary stage to show authority to deploy the National Guard in Illinois.

Metropolitan Transportation Authority v. Duffy (S.D.N.Y.)

1:25-cv-01413

Complaint


Intervenor Complaint - Rider's Alliance & Sierra Club


2025-03-28


Intervenor Complaint - NYCDOT


2025-04-10


Consolidated First Amended Complaint


2025-04-18


Amended Intervenor Complaint - Rider's Alliance & Sierra Club


2025-04-18


Consolidated Second Amended Complaint


2025-05-06

2025-02-19Government Action Temporarily BlockedFederalismRescission of approval for New York City congestion pricing plan2025-12-23

On Feb. 19, 2025, Secretary of Transportation Sean Duffy sent a letter to New York Governor Kathy Hochul saying that the Trump administration was rescinding authorization for New York’s congestion pricing plan. Plaintiffs allege that the action violates the Administrative Procedure Act’s ban on arbitrary and capricious decisions, the Fifth Amendment’s Due Process guarantees, and the National Environmental Policy Act, and exceeds executive authority. They seek declaratory relief and a court order vacating the decision to terminate the program.

March 19, 2025: NYSDOT filed a motion to intervene as a plaintiff and on April 2, NYCDOT filed a motion to intervene as a plaintiff, both of which were granted by the Court.

March 28, 2025: Riders Alliance and the Sierra Club, two nonprofit organizations with members in New York City, filed a Complaint-in-Intervention, claiming that the declaration ending New York City’s congestion pricing plan violates the Administrative Procedure Act and the National Environmental Policy Act, and that Transportation Secretary Sean Duffy acted ultra vires in terminating the program. Riders Alliance and Sierra Club asked the Court to vacate Secretary Duffy’s decision to revoke the congestion pricing plan.

April 10, 2025: NYCDOT filed a Complaint-in-Intervention, claiming that the termination of the congestion pricing plan violates the Administrative Procedure Act as arbitrary and capricious and ultra vires as well as the Due Process Clause of the Fifth Amendment and the National Environmental Policy Act. On April 18, this was consolidated into the Consolidated First Amended Complaint, on behalf of Plaintiffs MTA and TBTA and Intervenor-Plaintiffs NYSDOT and NYCDOT. The Consolidated First Amended Complaint included additional facts related to Secretary Duffy’s alleged legal rationale for terminating the congestion pricing plan and posts on social media about ending federal funding.

April 18, 2025: Intervenor-Plaintiffs Riders Alliance and Sierra Club filed an Amended Complaint amending their March 27 complaint, adding allegations related to Secretary Duffy’s claimed legal rationale for terminating the congestion pricing plan.

May 5 2025: The Plaintiffs filed a motion for a preliminary injunction and a memo in support of the motion on May 6. They claimed that they are likely to be successful on the merits, will suffer irreparable harm if the relief is not granted, and that the public interest and equities favor granting that relief.

May 6, 2025: The Plaintiffs filed an amended complaint, alleging ten counts of legal violations and asking the court to declare that Defendants’ purported termination of the VPPP agreement and rescission of tolling authority under the agreement is a violation of the APA and NEPA.

May 27, 2025: Judge Liman temporarily barred the Trump administration from withholding federal funds for New York City in an effort to pressure the city to drop its congestion pricing plan.

May 28, 2025: Judge Liman granted the Plaintiffs’ motion for a preliminary injunction, finding that the Plaintiffs established a likelihood of success on the merits for their claims and that the Plaintiffs adequately showed they would be irreparably injured absent an injunction.

June 27, 2025: Plaintiffs Riders Alliance and Sierra Club filed a motion for partial summary judgment and supporting memorandum. Plaintiff NYSDOT also filed a motion for partial summary judgment and supporting memorandum on that same day. Plaintiff Metropolitan Transportation Authority (MTA) filed a motion for partial summary judgment and supporting memorandum. Defendants also filed a motion for summary judgment and supporting memorandum.

Dec. 23, 2025: The court scheduled oral argument for the summary judgment motions to be held on Jan. 28, 2026.

National Council of Nonprofits v. Office of Management and Budget (D.D.C.)

1:25-cv-00239

Complaint

2025-01-28Government Action Temporarily BlockedGovernment Grants, Loans, and Assistance“Temporary Pause” of Grants, Loans, and Assistance Programs2025-04-24

The Acting Director of the Office of Management and Budget issued a memorandum purported to “require every federal agency to temporarily pause” any agency activities “that may be implicated by [President Trump’s] executive orders.” The plaintiff organizations, represented by Democracy Forward, are small businesses and nonprofits that receive federal funds. The suit sought a temporary restraining order to allow the Court “an opportunity to more fully consider the illegality of OMB’s actions,” alleging violations of the Administrative Procedure Act and the First Amendment.

Update 1: On Jan. 28, 2025, Judge Loren AliKhan of the District Court for the District of Columbia issued a temporary restraining order against the OMB policy to allow arguments from the plaintiffs and the government.

Update 2: On Jan. 29, 2025, the Government submitted a Notice that the OMB had rescinded the challenged memo. On the same day, the White House Press Secretary stated, “This is not a rescission of the federal funding freeze. It is simply a rescission of the OMB memo. Why? To end any confusion created by the court's injunction. The President's EO's on federal funding remain in full force and effect, and will be rigorously implemented.”

Update 3: On Feb. 3, 2025, Judge Alikhan issued a temporary restraining order blocking the OMB from implementing its funding freeze, finding that the Plaintiffs are likely to succeed in their claim that the directive was arbitrary and capricious under the APA, and that the post-complaint rescission of the memorandum was “disingenuous” and still causing irreparable injury. The order directed the OMB to release the frozen funds, notify agencies of this TRO, and file a status report on compliance by Feb. 7, 2025.

Update 4: On Feb. 11, Plaintiffs moved for a preliminary injunction to enjoin the Trump Administration from reinstating the funding freeze. The Government filed a memorandum in opposition to the motion, and plaintiffs replied. The hearing was held on Feb. 20.

Update 5: On Feb. 25, the court issued a memorandum opinion and granted the plaintiff’s motion for a preliminary injunction, enjoining the Trump administration from implementing, giving effect to, or reinstating under a different name the blanket freeze on disbursement of Federal funds.

Update 6: On Apr. 14, the Defendants filed an answer to the Plaintiffs’ complaint, responding paragraph-by-paragraph to the Plaintiffs’ allegations and claiming that the Court lacks subject-matter jurisdiction over the claims, the Complaint fails to state a claim upon which relief can be granted, and the relief that Plaintiffs seek is barred by sovereign immunity and not available under the APA.

Update 7: On Apr. 24, Defendants appealed the Feb. 25 preliminary injunction order to the D.C. Circuit.

New York et al v. Donald J. Trump et al (D.R.I.)

1:25-cv-00039

Complaint

2025-01-28State A.G. PlaintiffsGovernment Action Blocked Pending AppealGovernment Grants, Loans, and Assistance“Temporary Pause” of Grants, Loans, and Assistance Programs2025-04-28

The Acting Director of the Office of Management and Budget issued a memorandum purported to “require every federal agency to temporarily pause” any agency activities “that may be implicated by [President Trump’s] executive orders.” The attorneys general of 22 states and the District of Columbia filed a lawsuit seeking preliminary and permanent injunctions against enforcement of the policy. The suit alleges that the policy violates the Administrative Procedure Act and the First Amendment.

Update 1: On Jan. 28, responding to National Council of Nonprofits v. Office of Management and Budget, Judge Loren AliKhan of the District Court for the District of Columbia issued a temporary restraining order against the OMB policy to allow arguments from the plaintiffs and the government.

Update 2: On Jan. 29, the Government submitted a Notice that the OMB had rescinded the challenged memo. On the same day, the White House Press Secretary stated, “This is not a rescission of the federal funding freeze. It is simply a rescission of the OMB memo. Why? To end any confusion created by the court's injunction. The President's EO's on federal funding remain in full force and effect, and will be rigorously implemented.”

Update 3: On January 31, Judge McConnell issued a temporary restraining order against the OMB policy to allow the states to file their motion for a preliminary injunction. Judge McConnell’s order notes that the case is not moot because “the alleged rescission of the OMB Directive was in name only and may have been issued simply to defeat the jurisdiction of the courts.” The judge also wrote, "the States are likely to succeed on the merits of some, if not all, their claims."

Update 4: On Feb. 10, Judge McConnell granted Plaintiffs’ motion to enforce the temporary restraining order. Judge McConnell noted the Plaintiff States presented evidence suggesting that Defendants “have continued to improperly freeze federal funds and refused to resume disbursement of appropriated federal funds” (citing three exhibits). Judge McConnell emphasized that this is a violation of the TRO and ordered Defendants to immediately restore frozen funding.

Update 5: On Feb. 14, the First Circuit issued a voluntary dismissal of defendants’ motion to appeal the decision.

Update 6: On Mar. 6, Judge McConnell granted the plaintiffs’ motion for a preliminary injunction. Defendants were enjoined from in any way impeding the disbursement of appropriated federal funds to the states.

Update 7: On Mar. 10, the defendants filed a notice of appeal of the preliminary injunction.

Update 8: On Mar. 24, the plaintiffs filed a renewed second motion to enforce the Court’s preliminary injunction order entered on Mar. 6 as it pertains to the freezing of FEMA funds, claiming that the plaintiff states have continued to experience significant obstacles to accessing federal funds despite the Court’s order.

Update 9: On Mar. 26, the First Circuit denied defendants’ motion for a stay pending the appeal of the district court’s preliminary injunction order. The First Circuit noted defendants did not meet their burden of proof in their motion.

Update 10: On Mar. 27, defendants filed their opposition to plaintiffs' renewed second motion to enforce the Court’s preliminary injunction order on Mar. 6 as it pertains to the freezing of FEMA funds. Defendants argue the manual review process delaying the payment of FEMA funds is not equivalent to a pause or freeze of funds and is accordingly compliant with the district court’s preliminary injunction order.

Update 11: On Mar. 31, plaintiffs filed their reply in support of renewed second motion to enforce the preliminary injunction, offering new facts regarding FEMA’s manual review of grant programs and requesting that FEMA be ordered to halt its funding freeze.

Update 12: On Apr. 4, Judge McConnell held that the government was not in compliance with the preliminary injunction. “FEMA's manual review process violates the Court's preliminary injunction order,” the court wrote with instructions to cease the manual review process.

Update 13: On Apr. 28, Defendants appealed the Apr. 4 order enforcing the preliminary injunction to the First Circuit Court of Appeals.

Corporation for Public Broadcasting v. Federal Emergency Management Agency (D.D.C.)

1:25-cv-00740

Complaint

2025-01-30Temporary Block of Government Action DeniedGovernment Grants, Loans, and Assistance“Temporary Pause” of Grants, Loans, and Assistance Programs2025-09-23

On Feb. 19, 2025, FEMA placed a hold on grant funds that are due and owed under a grant awarded by the U.S. Department of Homeland Security (DHS) and FEMA to the Plaintiff relating to the Next Generation Warning System (NGWS) for the nation’s emergency alert system. FEMA has not identified any reason for this hold. Plaintiff claims that FEMA’s failure to allow CPB to submit reimbursements and receive payments owed to 42 sub-awardee public media stations, which have committed funds to purchase critical equipment for NGWS program upgrades and enhancements, is arbitrary and unlawful. Plaintiffs bring the suit under the Administrative Procedure Act arguing the government conduct is arbitrary and capricious, and they seek a TRO and preliminary injunction.

Mar. 13, 2025: Plaintiff filed a motion for a TRO. Defendants filed a memorandum in opposition to the TRO on Mar. 15, and Plaintiff filed a reply on Mar. 16.

Mar. 17, 2025: Judge Timothy Kelly denied Plaintiff’s motion for a TRO.

July 15, 2025: Judge Kelly denied Plaintiff’s motion for a preliminary injunction on the basis that Plaintiff failed to demonstrate that it would suffer irreparable harm in the absence of the injunction. Following this order, Defendants filed a motion to dismiss the complaint or grant summary judgment in their favor on July 22.

Sept. 23, 2025: In a minute order, Judge Kelly granted the parties’ joint motion to stay. The case is stayed, including any deadline for Plaintiff to respond to Defendants’ motion to dismiss or motion for summary judgment, until further order of the Court. Judge Kelly also ordered the parties file a joint status report by December 30, unless a stipulation of dismissal is filed.

Shapiro et al. v. Department of Interior et al. (E.D. Pa.)

2:25-cv-00763

Complaint

2025-02-13Case ClosedGovernment Grants, Loans, and Assistance“Temporary Pause” of Grants, Loans, and Assistance Programs2025-08-13

The Plaintiffs—Governor Josh Shapiro of Pennsylvania and four Pennsylvania governmental departments—allege that five Executive Orders and a subsequent OMB Directive froze funds already appropriated to various departments and projects in Pennsylvania. The complaint describes five different communications from EPA, HHS, and DOE after the Jan. 27 OMB Directive. None of these communications identified specific programs or funds that would be terminated, and none cited any legal authority. Much of this funding was appropriated under either the Infrastructure Investment and Jobs Act (IIJA) or the Inflation Reduction Act (IRA). The plaintiffs allege that, in total, the funding freeze jeopardizes at least $5.5 billion that had been committed to Pennsylvania, and over $1 billion of which had already been obligated. The plaintiffs note the ongoing litigation on the funding freeze, but they claim that, despite the court action – Jan. 31 TRO (D.R.I.), the Feb. 3 TRO (D.D.C.), the Feb. 7 motion to enforce the TRO (D.R.I.), and the Feb. 11 denial of the defendants’ motion for an administrative stay (1st Cir.) – as of Feb. 13, over $1.2 billion in grant funding is suspended and more than $900 million is marked as requiring further federal review before being approved. Plaintiffs claim that defendants’ actions violate the Administrative Procedure Act because they are contrary to law (contrary to the IRA and the IIJA) and are arbitrary and capricious. Plaintiffs also claim that defendants’ actions are unconstitutional, violating both the Take Care Clause and the Spending Clause. Plaintiffs seek a declaratory judgment that defendants’ actions are illegal and seek an injunction to prevent defendants from freezing or interfering with congressionally appropriated funds.

Update 1: On Aug. 13, Plaintiffs voluntarily dismissed the action without prejudice because all previously-withheld funding at issue in the case was made available to Plaintiffs.

Catholic Charities Diocese of Fort Worth, Inc. v. DHHS (D.D.C.)

1:25-cv-00605

Complaint

2025-03-03Case ClosedGovernment Grants, Loans, and Assistance“Temporary Pause” of Grants, Loans, and Assistance Programs2025-04-29

On Jan. 27, 2025, the Acting Director of the Office of Management and Budget issued a memorandum purported to “require every federal agency to temporarily pause all activities related to obligation or disbursement of all Federal financial assistance.” Despite the purported rescission of the memo days later, and temporary restraining orders requiring agencies to disburse funding, as of Mar. 3, 2025, federal funding apparently remained frozen. Plaintiffs, who receive federal funding through the Department of Health and Human Services’ Office of Refugee Resettlement, allege that the funding freeze violates the Constitution’s Spending Clause, the Administrative Procedure Act, the Impoundment Control Act, and the Refugee Act of 1980. They seek declaratory judgment that the spending freeze violates statutory law and the Constitution and temporary, preliminary, and permanent injunctions against enforcement of any funding freeze against the plaintiffs.

Update 1: On Apr. 3, Plaintiffs submitted a motion for a temporary restraining order; on Apr. 7, the Defendants filed an opposition to TRO; and on Apr. 10, Plaintiffs filed a Reply to the Defendants’ opposition.

Update 2: On Apr. 29, the case was dismissed and motion for TRO denied as moot (joint stipulation of the parties to dismissal).

State of California v. United States Department of Transportation (D.R.I.)

1:25-cv-00208

Complaint

First Amended Complaint

2025-07-08

2025-05-13State A.G. PlaintiffsGovernment Action BlockedGovernment Grants, Loans, and Assistance“Temporary Pause” of Grants, Loans, and Assistance Programs2026-01-13

On April 24, 2025, Secretary of Transportation Sean Duffy issued a letter to recipients of Department of Transportation (DOT) funding announcing a policy of withholding funding to any state or local government entity that does not comply with the Trump administration’s immigration-enforcement policies. Plaintiffs, 20 state governments, sued, alleging that the action violates Constitutional protections for separation of powers and the Administrative Procedure Act.They seek declaratory judgment that the effort to condition funding is unconstitutional and preliminary and permanent injunctions against further efforts to condition or terminate federal funding based on immigration policy.

June 19, 2025: Judge McConnell granted a preliminary injunction.

July 8, 2025: Plaintiffs amended their complaint to include the District of Columbia and the Governor of Kentucky as plaintiffs.

Nov. 4, 2025: District Court Judge McConnell granted summary judgment in favor of twenty states challenging the Department of Transportation’s imposition of conditions requiring state cooperation with federal immigration enforcement as a prerequisite for receiving federal transportation grants, pursuant to Executive Order 14159, and an order and directive issued by Transportation Secretary Sean Duffy. Judge McConnell found that the administration engaged in “lawless behavior,” “blatantly overstepped their statutory authority,” and “transgressed well-settled constitutional limitations on federal funding conditions.” He further concluded that the condition exceeds the agency’s statutory authority, is arbitrary and capricious under the Administrative Procedure Act, and violates the Spending Clause.

Nov. 18, 2025: Judge McConnell granted Plaintiffs’ Motion to Clarify Scope of Summary Judgment Order and Final Judgement, clarifying that the permanent injunction extends to all Plaintiff States and instrumentalities and local subdivisions thereof. Judge McConnell ordered Defendants to remove all conditions requiring cooperation with federal civil immigration enforcement from future grant agreements and to issue notice to grant recipients that the DOT will not include any conditions requiring such cooperation in any agreement administered by Defendants.

Jan. 2, 2026: Defendants appealed to the First Circuit.

Jan. 13, 2026: Defendants voluntarily moved to dismiss their First Circuit appeal.

American Association of University Professors v. United States Department of Justice (S.D.N.Y.)

1:25-cv-02429

Complaint

2025-03-25Government Action Not Blocked Pending AppealGovernment Grants, Loans, and AssistanceActions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)2025-06-16

On Jan. 29, President Trump signed an Executive Order titled “Additional Measures to Combat Anti-Semitism.” On Feb. 3, a task force was formed by the Department of Justice (DOJ) to carry out the mandate of the EO, and on that same day, the Department of Education (DOE) announced a Title VI investigation into Columbia University, which was followed by a review and termination of the university’s federal contracts and grants for approximately $400M as well as a Mar. 13 letter to the university demanding certain structural changes. Plaintiffs, the American Association of University Professors and the American Federation of Teachers, brought a suit against the DOJ, DOE, and multiple other federal agencies and their respective officers arguing that the Trump Administration’s actions violate the Civil Rights Act of 1964; the Administrative Procedure Act; the First Amendment, the Fifth Amendment Due Process Clause, the Tenth Amendment anti-commandeering doctrine, and the Spending Clause of the Constitution, as well as separation of powers and ultra vires doctrines. Plaintiffs ask the court to declare unlawful the termination of funding to Columbia University and the demands made in the Mar. 13 letter. Plaintiffs also request a preliminary and permanent injunction requiring the Defendants to reinstate all federal grants and contracts and not withhold such funds in the future, and enjoining Defendants from enforcing the demands in the March 13 letter. Plaintiffs are also requesting compensatory and nominal damages.

Update 1: On Apr. 3, the Plaintiffs filed a motion for a preliminary injunction.

Update 2: On May 1, the Defendants filed a memorandum in opposition to the Plaintiffs’ motion for a preliminary injunction, claiming that the Plaintiffs lack subject matter jurisdiction and standing and their claims also fail on the merits.

Update 3: On May 8, the Plaintiffs filed a reply memorandum in support of their motion for a preliminary injunction, arguing that they have standing, that the Court has jurisdiction over the Plaintiffs’ statutory and constitutional claims, that the plaintiffs are likely to succeed on the merits and will suffer irreparable harm without relief, and that the balance of equities and public interest support granting preliminary injunctive relief.

Update 4: On June 16, Judge Mary Kay Vyskocil dismissed the case. That day, the Plaintiffs appealed to the Second Circuit.

American Association of University Professors - Harvard Faculty Chapter v. Department of Justice (D. Mass.)

1:25-cv-10910

Complaint


First Amended Complaint 2025-05-05

Second Amended Complaint 2025-05-06

2025-04-11Government Action BlockedGovernment Grants, Loans, and AssistanceActions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)2025-10-20

On March 31, the Department of Health and Human Services, the Department of Education, and the General Services Administration announced they were undertaking a “comprehensive review” of approximately $9 billion of federal contracts and grants with Harvard University to ensure compliance with civil rights laws. The review is part of the DOJ’s Joint Task Force to Combat Anti-Semitism’s efforts to give effect to Executive Order 14188. On April 3, the Task Force sent Harvard a letter outlining immediate steps Harvard needed to take to maintain federal funding. The Plaintiffs, nonprofit membership organizations of faculty, are suing the agencies comprising the Task Force to challenge the March 31 announcement of the funding review, as well as the April 3 list of demands. The Plaintiffs allege that their members are harmed by the threats to withdraw funding because much of faculty research is funded by federal grants. They also argue that members are harmed because the Defendants’ actions have chilled speech and infringed upon academic freedom. The Plaintiffs allege multiple legal violations. They argue that the Defendants violated the Administrative Procedure Act (APA) by acting contrary to procedure, contrary to the law, and arbitrarily and capriciously. The Plaintiffs argue that the Defendants violate the First Amendment in multiple ways, including by targeting specific areas of scholarship on the basis of content and viewpoint and by coercing Harvard to suppress disfavored speech. The Plaintiffs claim the Defendants acted ultra vires by usurping Congress’s spending power and making an unconstitutional effort to amend Congressional appropriations. Finally, the Plaintiffs allege that Defendants violated the Fifth Amendment’s Due Process Clause by failing to provide fair notice and a reasonable opportunity to be heard. The Plaintiffs seek a declaration that the review of funding, along with the March 31 threat to terminate funding and the April 3 set of demands, is unlawful. They also seek preliminary and permanent injunctions preventing further review of Harvard’s federal funding in the absence of legal authority, preventing the Defendants from using the threat of withdrawing funds to coerce Harvard to suppress viewpoints or speech, and preventing the Defendants from using government power to target Harvard for the viewpoints and speech of the Plaintiffs and their members.

Update 1: On Apr. 11, the Plaintiffs filed a motion for a temporary restraining order, asking the court to enjoin any further review and/or termination of Harvard’s federal funding by the administration.

Update 2: On Apr. 15, Plaintiffs requested to withdraw their motion for a temporary restraining order and filed a notice of supplemental materials based on the Trump administration’s Apr. 14 freeze of $2.2 billion in federal grants to Harvard, an action which allegedly caused a material change in circumstances since the original TRO filing. This request was promptly approved by the Court.

Update 3: On May 5, Plaintiffs filed an amended complaint which included recent actions by the Trump administration and litigation by Harvard University (see President and Fellows of Harvard College v. US Department of Health and Human Services) and reiterated the requests for declaratory and injunctive relief.

Update 4: On May 6, Plaintiffs filed a motion for leave to file a second amended complaint, which described actions relevant to their claims taken by the Defendants on May 5. Leave to file was granted on May 20, at which time the second amended complaint was filed.

Update 5: On Sept. 3, Judge Allison D. Burroughs issued a joint memorandum opinion in this case and a related case, President and Fellows of Harvard College v. HHS, case no. 1:25-cv-11048, granting in part and denying in part both Plaintiffs’ and Defendants motions for summary judgment. In this case, the court granted in part Plaintiffs’ motion for summary judgment with respect to the Plaintiffs’ First Amendment claim for retaliation, unconstitutional conditions, and unconstitutional coercion and denied the equitable and ultra vires claim and APA separation of powers claim, and granted in part Defendants' motions for summary judgment with respect to Termination Letters, which the court held it lacks jurisdiction to review , and the ultra vires and equitable claims and denying in part Defendant’s other competing motions. The court granted Plaintiff’s request for a permanent injunction against any funding freezes or Termination Letters to “prevent[] Defendants reimposing any unconstitutional conditions imposed to date, and enjoins Defendants from issuing any other termination, freezing of funds, stop work orders, or withholding of payment on existing grants or other federal funding, or refusal to award future grants, contracts, or other federal funding to Harvard in retaliation for the exercise of its First Amendment rights, or on purported grounds of discrimination without compliance with the requirements of Title VI.” The court also vacated and set aside all freezes and terminations of funding to Harvard pursuant to the Apr. 14 letter.

Update 6: On Sept. 10, Plaintiffs filed a notice of voluntary dismissal as to the remaining claims.

Update 4: On October 2, 2025, Judge Burroughs granted and denied in part Defendants’ motion to stay based on lapse of appropriations and extended the deadline to file a status report to October 10, 2025; Defendants may renew their motion by that date.

Update 5: On October 20, Judge Burroughs issued an order of final judgment.

President and Fellows of Harvard College v. US Department of Health and Human Services (D. Mass.)

1:25-cv-11048

Complaint


First Amended Complaint 2025-05-13

2025-04-21Government Action BlockedGovernment Grants, Loans, and AssistanceActions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)2025-10-20

On Mar. 31, the Department of Health and Human Services, the Department of Education, and the General Services Administration announced a review of approximately $9 billion in federal contracts and grants issued to Harvard University to ensure compliance with civil rights laws. The review is part of the efforts of the DOJ’s Joint Task Force to Combat Anti-Semitism to give effect to Executive Order 14188. On Apr. 3 and Apr. 11, the government sent Harvard letters outlining steps that it must take to maintain federal funding. Harvard refused to comply and on Apr. 14, the government froze approximately $2.8 billion in funding to Harvard (the “Freeze Order”). Harvard filed suit challenging both the conditions set out in the letters and the Freeze Order. Harvard alleges that the government’s actions violate the Administrative Procedure Act in multiple ways. It argues the government has acted contrary to constitutional rights because its demands regarding hiring decisions, admissions practices, and student group recognition, among others, violate Harvard's First Amendment rights. The Freeze Order is also alleged to be in violation of the First Amendment because it was issued in retaliation for Harvard’s engagement in protected speech. Harvard argues that the government acted in excess of statutory authority, not in accordance with the law, and without observing procedures required by law because the government failed to follow mandatory procedures for terminating federal funding in connection with Title VI violations. Harvard additionally claims that the government’s actions were arbitrary and capricious. Finally, Harvard makes a standalone First Amendment claim and argues that the government’s actions are ultra vires. Harvard seeks an order declaring unlawful and setting aside the Freeze Order and the conditions in the April letters. Harvard also seeks permanent injunctions prohibiting the government from violating the university’s First Amendment rights and from terminating federal funding without complying with the applicable laws.

Update 1: On May 13, the Plaintiff submitted an amended complaint adding to its filings. The amended complaint includes: additional Defendants, the US Department of Agriculture, the Secretary of Agriculture, the US Department of Housing and Urban Development, the Secretary of Housing and Urban Development; and additional factual allegations relating to letters received in May from the National Institutes of Health, the US Department of Agriculture, the US Department of Energy, the National Science Foundation, and the US Department of Education.

Update 2: On June 2, President and Fellows of Harvard College filed a motion for summary judgment, arguing that the Court should grant summary judgment to Harvard, vacate and set aside the Government’s unlawful freeze and termination of Harvard’s funding, and permanently enjoin any similar action such as the termination of other contracts.

Update 3: On September 3, Judge Burroughs ruled that the administration’s attempt to condition Harvard University’s federal funding on changes to its campus policies violates the school’s First Amendment as well as Title VI procedural requirements and the Administrative Procedure Act. The court found that the government “used antisemitism as a smokescreen for a targeted, ideologically-motivated assault on this country’s premier universities,” and held that the administration attempted to coerce the school to adapt its chosen policies that infringed on its constitutional and statutory rights.

Update 4: On October 2, 2025, Judge Burroughs granted and denied in part Defendants’ motion to stay based on lapse of appropriations and extended the deadline to file a status report to October 10, 2025; Defendants may renew their motion by that date.

Update 5: On October 9, 2025, Judge Burroughs denied Defendants’ motion to stay based on lapse of appropriations and extended the deadline to file a status report to October 17, 2025.

Update 6: On October 20, Judge Burroughs issued an order of final judgment.

President and Fellows of Harvard College v. Department of Homeland Security (D. Mass.)

1:25-cv-11472

Complaint

2025-05-23Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceActions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)2025-11-19

Along with other US colleges and universities, Harvard hosts international students with F-1 visas, which permits international students to be present in the United States, under a program called the Student and Exchange Visitor Program (SEVP). The SEVP program is overseen by the DHS. On April 16, 2025, Kristi Noem, the Secretary of DHS, sent Harvard University’s International Office (HIO) a letter (the “Records Request”) criticizing Harvard for alleged failures in condemning antisemitism and demanding that HIO produce a wide range of information for each student visa holder across Harvard’s 13 schools within ten business days. Failure to do so would be treated as a voluntary withdrawal from the F-1 visa program. Among other things, the information requested included all records of the participation of international students in protests on Harvard’s campus.

Harvard produced information in response to this demand on April 30 and again on May 14, after a follow up request. On May 22, Secretary Noem sent Harvard a letter (the “Revocation Notice”) which stated that DHS deemed Harvard’s responses insufficient and that Harvard’s SEVP certification was revoked, effective immediately. The Revocation Notice stated that all Harvard international students on non-immigrant visas must transfer to another university to maintain their non-immigrant status, and that Harvard is prohibited from having any international students for the 2025-2026 academic school year.

Harvard filed suit the following morning, on May 23, claiming that the Revocation Notice is the culmination of a retaliatory attack on academic freedom at Harvard which they allege had been developing over the last few months. They emphasize in particular an April 11 letter to Harvard from a multi-agency Task Force to Combat Anti-Semitism (Federal Task Force) conditioned Harvard’s continued receipt of numerous federal funding benefits on accepting changes to Harvard’s governance, admissions, hiring and academic programs, as well as numerous public statements by the administration about Harvard.

Harvard alleges that the Revocation Notice is a violation of its First Amendment right to be free of retaliatory action for engaging in protected speech, pointing out that the April 11 demand letter goes to the core of Harvard’s constitutionally protected academic freedom by asserting governmental control over Harvard’s teaching community and governance. The suit contends that the Revocation Notice constitutes First Amendment viewpoint discrimination and violates the APA because it conditions government benefits on relinquishing constitutional rights, as well as violating Due Process rights by failing to follow codified procedural protections. It claims the government’s actions are ultra vires and arbitrary and capricious.

The complaint asks for a declaration that the actions to revoke SEVP certification through Revocation Notice are unconstitutional and unlawful because they violate the First Amendment, Due Process Clause, and APA, and to preliminarily and permanently enjoin them from implementing, or otherwise initiating proceedings to withdraw Harvard from the program due to its First Amendment exercise or refusal to comply with April 11 demand letter. On the same day, Harvard also filed a motion for a temporary restraining order and accompanying memorandum, citing immediate and irreparable harm.

On May 23, Judge Allison Burroughs granted a temporary restraining order.

Update 1: On May 29, Judge Burroughs ruling from the bench reportedly said the court would issue a preliminary injunction.

Update 2: On Jun. 4, the president issued a new Proclamation titled “Enhancing National Security by Addressing Risks at Harvard University” that suspends entry of foreign nationals who plan to attend Harvard University. On Jun. 5, the Plaintiff filed a motion for a temporary restraining order with a memorandum.

Update 3: On Jun. 5, Judge Burroughs temporarily blocked the administration’s effort to prevent foreign students from enrolling at Harvard, halting the policy while legal challenges continue.

The court found that the administration’s proclamation would cause “immediate and irreparable injury” to Harvard and its international students.

Update 4: Judge Burroughs issued a preliminary injunction on Jun. 20 barring that administration from banning Harvard from participating in the State Department’s Student and Visitor Exchange Program.

Update 5: Judge Burroughs issued an order on Jun. 23 halting the administration’s proclamation to suspend entry for any international students studying at Harvard. Judge Burroughs had issued a preliminary injunction on Jun. 20 to similar effect, but provided reasoning for her injunction this time. In the order, she wrote, “the government’s misplaced efforts to control a reputable academic institution and squelch diverse viewpoints seemingly because they are, in some instances, opposed to this Administration’s own views,” threatened core constitutional rights, which she notes “must be safeguarded.”

Update 6: On June 27, Defendants appealed Judge Burroughs’ Jun, 23 preliminary injunction order to the First Circuit.

Update 7: On Oct. 2, Judge Burroughs granted and denied in part Defendants’ motion to stay based on lapse of appropriations and extended the deadline to file a status report to October 10, 2025; Defendants may renew their motion by that date. On Oct. 10, the court denied Defendants’ second motion for a stay and extended the status-report deadline to Oct. 17.

Update 8: On Nov. 19, the First Circuit lifted its Oct. 7 stay of proceedings after the government reported that appropriations had been restored, and reset the briefing schedule.

Thakur v. Trump (N.D. Cal.)

3:25-cv-04737

Complaint

2025-06-04Government Action Blocked Pending AppealGovernment Grants, Loans, and AssistanceActions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)2025-09-22

Faculty members and researchers from the University of California filed a class action lawsuit challenging the termination of federal research grants across multiple agencies, including the Department of Defense (DOD), National Institutes of Health (NIH), and National Science Foundation (NSF). These cuts were implemented through the Department for Government Efficiency (DOGE). The plaintiffs allege that the funding cancellations cut off funds awarded by Congress without notice, explanation, or legal authority to do so and seek for themselves (and the class of University of California faculty, staff, academic appointees, and employees) an injunction to restore lost funding, enjoin further unlawful grant terminations or suspensions, and provide grant extensions necessary to complete the work for which grants were originally approved.

Update 1: On June 5, 2025, Plaintiffs filed a motion for a temporary restraining order with a memorandum in support.

Update 2: On June 23, Judge Rita Lin granted a preliminary injunction. Defendants appealed this preliminary injunction order to the Ninth Circuit on July 10.


Update 3: On July 11, the administration filed a motion for a stay of preliminary injunction to the Ninth Circuit, seeking to reverse Judge Lin’s order blocking the administration’s mass termination of University of California research grants tied to DEI-related topics.

Update 4: On August 12, Judge Lin issued an order requiring the administration to reinstate grants issued to UCLA researchers, ruling that the administration’s “suspension” of the grants violated an earlier preliminary injunction against terminating such grants, calling it “termination by another name.”

Update 5: On August 21, in a 26-page opinion, the Ninth Circuit denied the Defendant’s request to stay the district court’s preliminary injunction.

Update 6: On September 22, District Court Judge Lin granted Plaintiffs’ motions for preliminary injunction and provisional class certification, ordering the administration to reinstate over $500 million in research grants awarded to the University of California on behalf of University of California researchers whose grants were terminated by the Departments of Defense, Transportation, and Health and Human Services. The court found that plaintiffs were likely to succeed on their Administrative Procedure Act claim, citing Ninth Circuit precedent that the agencies’ form termination letters were arbitrary and capricious. The court also found that the Department of Transportation likely committed “an unconstitutional effort to suppress . . . researchers’ viewpoints and ideas, and drive those viewpoints from the marketplace of ideas,” in violation of the First Amendment.

American Association of University Professors v. Trump (N.D. Cal.)

3:25-cv-07864

Complaint

2025-09-16Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceActions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)2025-11-14

On July 29, 2025, the Department of Justice (DOJ) issued a “Notice of Findings Regarding the University of California, Los Angeles” in which DOJ stated, “[W]e have found that UCLA’s response to its students’ complaints of antisemitism on UCLA’s campus violated its obligations under the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d (Title VI).” The following day, on July 30, 2025, three funding agencies— the National Institutes of Health (“NIH”), U.S. National Science Foundation (“NSF”), and the U.S. Department of Energy (“DOE”)— cut off a combined $584 million in research funds from UCLA. On August 8, 2025, the University of California (UC) received a document (“Demand Letter”) from the DOJ demanding that UCLA pay $1 billion or more as part of a settlement to restore the $584 million that had already been cut. The Demand Letter included requirements that the UC agree to measures to limit diversity, equity, and inclusion efforts and dictated actions relating to activities relating to speech, policies, academic programs, disciplinary records, transgender students and athletes, and other areas.

On September 16, a collection of labor unions and associations that represent students and employees within the University of California system filed a complaint challenging the funding cuts and the Demand Letter. The Plaintiffs portray the administration’s actions against UC and other universities nationwide as a “campaign” to undermine free speech and academic freedom at America’s universities. The complaint alleges violations of the First Amendment, by unconstitutional coercion, retaliation and content and viewpoint discrimination; the Spending Clause, as a violation of the unconstitutional conditions doctrine, the Tenth and Fifth Amendments; and the Administrative Procedure Act, (APA) as without observance of required procedure, arbitrary and capricious, and contrary to law. The Plaintiffs seek declaratory and injunctive relief vacating and setting aside the termination of funds, vacating the Demand Letter, enjoining Defendants from withholding payments on any federal funding based on any purported violation of Title VII, and forbidding the further use of financial threats to coerce the University to agree to the administration’s demands.

Update 1: District Court Judge Rita F. Lin granted a preliminary injunction against Trump administration actions conditioning grant funding on universities’ compliance with administration priorities such as reviewing DEI programs, changing their handling of student protests, and adopting the administration’s views on transgender students’ access to bathrooms and sports teams.

Bakken v. United States Military Academy (S.D.N.Y.)

7:25-cv-07826

Complaint

2025-09-22Awaiting Court RulingCivil Liberties and RightsActions Toward Universities (Executive Order 14188, Pause or termination of Grants, Columbia Letter of demands, Harvard Letter of demands, Harvard Proclamation on student visas)2025-09-22

On January 27, 2025, President Trump issued Executive Order (EO) 14185 that reads, in part, “The Secretary of Defense and the Secretary of Homeland Security shall carefully review the leadership, curriculum, and instructors of the United States Service Academies and other defense academic institutions associated with their respective Departments to ensure alignment with this order. In addition, these institutions shall be required to teach that America and its founding documents remain the most powerful force for good in human history.” The United States Military Academy at West Point (USMA) subsequently issued a new policy in February 2025, the Academic Engagement Policy, stating that faculty cannot engage in external writing or speaking activities tied to their USMA role without prior approval from their department heads. USMA civilian law professor Tim Bakken filed a class action complaint against the USMA on Sept. 22, alleging that the Academic Engagement Policy has chilled both on-duty and classroom speech and thus unlawfully infringes upon faculty members’ academic freedoms, and delegates overly-broad licensing discretion to a government official, without narrow, objective and definite standards, allowing for arbitrary application, viewpoint discrimination, and the suppression of protected speech. Plaintiffs allege prior restraint and freedom of speech violations of the First Amendment and seek an order declaring the Academic Engagement Policy unconstitutional and preliminarily and permanently enjoining Defendants from enforcing the Academic Engagement Policy.

Commonwealth of Massachusetts v. National Institutes of Health (D. Mass.)

1:25-cv-10338

Complaint

2025-02-10State A.G. PlaintiffsGovernment Action BlockedGovernment Grants, Loans, and AssistanceReduction of Indirect Cost Reimbursement Rate for Research Institutions (NIH Guidance) (DOE Rate Cap Policy, Apr. 11, 2025)2026-01-05

The National Institutes of Health’s guidance imposes an across-the-board 15 percent reimbursement rate for “indirect costs” of medical research, which research institutions have historically negotiated on an individual basis. Plaintiffs, 22 state governments whose public research institutions will face hardship under the policy, allege that the policy violates the Administrative Procedure Act – including as an “arbitrary and capricious” change that failed to weigh reliance interests and that involves a reversal of fact-finding and as an action in excess the NIH’s statutory authority and in violation of Congress’s express directives in appropriating NIH funding. They seek declaratory judgment and a temporary restraining order and preliminary and permanent injunctions against implementing the policy in the plaintiff states. On Feb. 10, 2025, Judge Angel Kelley granted the plaintiffs emergency motion for a temporary restraining order and imposed a regular reporting requirement on the part of the administration to confirm compliance.

Mar. 5, 2025: Judge Kelley issued a nationwide preliminary injunction prohibiting implementation of the NIH Guidance “in any form with respect to institutions nationwide.”

Apr. 4, 2025: Judge Kelley granted NIH’s motion to convert the Mar. 5 order on a preliminary injunction to an order on a permanent injunction and final judgment, so as to facilitate prompt appellate review of the nationwide block on implementation of the NIH Guidance.

Apr. 8, 2025: NIH appealed the final judgment and permanent injunction issued by Judge Kelley on Apr. 4 to the First Circuit Court of Appeals.

Jan. 5, 2026: In a memorandum opinion, the First Circuit affirmed the district court’s final judgment and permanent injunction prohibiting implementation of the NIH Guidance that capped indirect costs reimbursement at 15 percent.

Association of American Universities, et al. v. Department of Health and Human Services, et al. (D. Mass.)

1:25-cv-10346

Complaint

2025-02-10Government Action BlockedGovernment Grants, Loans, and AssistanceReduction of Indirect Cost Reimbursement Rate for Research Institutions (NIH Guidance) (DOE Rate Cap Policy, Apr. 11, 2025)2026-01-05

National Institutes of Health (NIH) guidance imposes an across-the-board 15 percent reimbursement rate for “indirect costs” of medical research, which research institutions have historically negotiated on an individual basis. Plaintiffs, including associations representing universities and college and individual universities, allege the reduction in indirect cost rate to 15% will have immediate destructive effects on NIH-funded research. They sued, arguing the policy is unlawful under of the Administrative Procedure Act in that it (1) is contrary to law in that it departs from the Continuing Appropriations Act of 2024; (2) is contrary to law as it violates the Constitution’s Appropriation Clause; (3) is contrary to law as it departs from negotiated cost rates provided by 45 C.F.R. 75.414 and NIH Grants Policy Statement; (4) is an arbitrary and capricious abuse of discretion; (5) is contrary to law as it departs from HHS cost recovery regulations and policy guidance; (6) fails to observe required notice-and-comment procedures; (7) is contrary to law violates the Public Health Service Act; and (8) is in excess of statutory authority as a retroactive action. Plaintiffs seek a declaratory judgment that the policy is unlawful and preliminary and permanent injunctive relief. Later on Feb. 10, Plaintiffs filed a motion for a Temporary Restraining Order to prohibit Defendants from implementing the policy.

Mar. 5, 2025: Judge Kelley issued a nationwide preliminary injunction prohibiting implementation of the NIH Guidance “in any form with respect to institutions nationwide.”

Apr. 4, 2025: Defendants filed an assented-to motion for a permanent injunction, seeking to convert the preliminary injunction into a permanent injunction and enter final judgment in order to facilitate the appeals process. On that same day, Judge Kelley granted the motion and entered a final judgment and permanent injunction in favor of the Plaintiffs.

Apr. 8, 2025: Defendants appealed the final judgment and permanent injunction to the First Circuit Court of Appeals.

Jan. 5, 2026: In a consolidated memorandum opinion, the First Circuit affirmed a lower court’s final judgment and permanent injunction in Commonwealth of Massachusetts v. National Institutes of Health (Case No. 1:25-cv-10338) that had prohibited implementation of the NIH Guidance that capped indirect costs reimbursement at 15 percent.

Association of American Medical Colleges v. National Institutes of Health (D. Mass.)

1:25-cv-10340

Complaint

2025-02-10Government Action BlockedGovernment Grants, Loans, and AssistanceReduction of Indirect Cost Reimbursement Rate for Research Institutions (NIH Guidance) (DOE Rate Cap Policy, Apr. 11, 2025)2026-01-05

The National Institutes of Health’s guidance imposes an across-the-board 15 percent reimbursement rate for “indirect costs” of medical research, which research institutions have historically negotiated on an individual basis. Plaintiffs, including associations representing universities, hospitals, and health systems across the country, allege that the Rate Change Notice is invalid under the Administrative Procedure Act (“APA”) and seek to enjoin any actions taken to implement its directives. They argue that the Rate Change Notice is contrary to Health and Human Services’s (HHS) existing regulations and the 2024 Further Consolidated Appropriations Act. Moreover, they contend that it is arbitrary and capricious and failed to undergo required notice and comment rulemaking. On Feb. 10, 2025, Judge Angel Kelley issued a nationwide temporary restraining order against the NIH policy.

Mar. 5, 2025: Judge Kelley issued a nationwide preliminary injunction prohibiting implementation of the NIH Guidance “in any form with respect to institutions nationwide.”

Apr. 4, 2025: Judge Kelley granted NIH’s motion to convert the Mar. 5 order on a preliminary injunction to an order on a permanent injunction and final judgement, so as to facilitate prompt appellate review of the nationwide block on implementation of the NIH Guidance.

Apr. 8, 2025: Defendants appealed the final judgment and permanent injunction to the First Circuit Court of Appeals.

Jan. 5, 2026: In a consolidated memorandum opinion, the First Circuit affirmed a lower court’s final judgment and permanent injunction in Commonwealth of Massachusetts v. National Institutes of Health (Case No. 1:25-cv-10338) that had prohibited implementation of the NIH Guidance that capped indirect costs reimbursement at 15 percent.

Association of American Universities v. Department of Energy (D. Mass.)

1:25-cv-10912

Complaint

2025-04-14Government Action BlockedGovernment Grants, Loans, and AssistanceReduction of Indirect Cost Reimbursement Rate for Research Institutions (NIH Guidance) (DOE Rate Cap Policy, Apr. 11, 2025)2025-07-31

The Department of Energy (DOE) on Apr. 11, 2025 issued a new “Rate Cap Policy”, which imposes an across-the-board 15 percent reimbursement rate for “indirect costs” of research, which academic institutions have historically negotiated on an individual basis. The DOE also announced that it will terminate all university grant awards that do not conform with the new policy. Plaintiffs, including associations representing universities and colleges and individual universities, sued on Apr. 14, alleging that the reduction in indirect cost rate to 15% will have immediate destructive effects on DOE-funded research. The academic institutions argue that the Rate Cap Policy violates the Office of Management and Budget’s indirect cost regulations and the Administrative Procedure Act (APA). The academic institutions also argue that the DOE’s Cap Rate Policy is substantially similar to the National Institutes of Health (NIH)’s policy capping indirect costs, the implementation of which courts have blocked nationwide. The academic institutions ask that the court vacate the Rate Cap Policy and declare it unlawful. They also seek a preliminary and permanent block on the DOE’s implementation of the Rate Cap Policy or modification of negotiated indirect cost rates and termination of any grants pursuant to the Policy.

Update 1: After filing their complaint on Apr. 14, Plaintiffs immediately filed a motion for a temporary restraining order (TRO). Plaintiffs request that the court block Defendants from implementing, instituting, maintaining, or giving effect to the Rate Cap Policy in any form; from terminating grants pursuant to the Rate Cap Policy; and from otherwise modifying negotiated indirect cost rates (except as permitted by statute and regulations). The next day, Plaintiffs notified the court of Defendants’ actions to proceed with the implementation of the Rate Cap Policy and urged the court to grant the TRO.

Update 2: On Apr. 16, Judge Allison Burroughs granted the TRO against Defendants.

Update 3: On Apr. 22, Defendants filed their opposition to Plaintiffs’ motion for a TRO in which they claim that the court lacks jurisdiction over Plaintiffs’ claims following the Supreme Court’s decision in Dep’t of Education v. California.

Update 4: On Apr. 25, Plaintiffs filed a reply in support of their motion for a TRO in which it emphasized the arbitrary and unlawful nature of the Rate Cap Policy.

Update 5: On Apr. 29, Judge Burroughs extended the TRO until further order is issued resolving the request for a preliminary injunction.

Update 6: On May 15, Judge Burroughs granted Plaintiffs’ motion for a preliminary injunction, finding that the DOE’s Rate Cap Policy likely violates the APA—by taking agency action that conflicts with existing regulation, is arbitrary and capricious, and is impermissibly retroactive—and poses a risk of irreparable harm to research institutions.

Update 7: On June 30, at the request of Defendants, Judge Burroughs entered final judgment in favor of Plaintiffs. Defendants reserve their right to appeal the order.

Update 8: On July 31, Defendants appealed Judge Burroughs’ May 15 preliminary injunction order and June 30 final judgment order to the First Circuit.

Association of American Universities v. Department of Defense (D. Mass.)

1:25-cv-11740

Complaint

2025-06-16Government Action BlockedGovernment Grants, Loans, and AssistanceReduction of Indirect Cost Reimbursement Rate for Research Institutions (NIH Guidance) (DOE Rate Cap Policy, Apr. 11, 2025)2025-10-15

On May 14, 2025, Secretary of the Department of Defense (DOD) Pete Hegseth issued a memorandum implementing a 15% cost cap on indirect cost assistance awards to higher education institutions. On June 12, 2025, Under Secretary of Defense Emil Michael signed the “formal policy guidance.” Together, the memos (the Hegseth and Michael Memos) constitute the “Rate Cap Policy” that plaintiffs challenge. As authorized by Congress, the DOD has funded indirect costs, also known as overhead costs, for scientific research at American higher education institutions for decades. Historically, federal research funding to such institutions has been negotiated in a bespoke manner, with funding often covering between 50-65% of indirect costs. However, the new DOD policy implements a much lower universal rate of 15% funding. Plaintiffs are a group of leading research universities, education councils and university leaders which conduct robust scientific and technological research in reliance on federal funding. They allege that the rate cut would have devastating impacts on their ability to continue critical research. They allege that the DOD’s Rate Cap Policy is contrary to law, in excess of statutory authority, and arbitrary and capricious in violation of the Administrative Procedure Act and seek a vacatur of the Hegseth and Michael Memos instituting the Rate Cap Policy and declaratory and injunctive relief.

Update 1: On Jun. 17, the Court granted Plaintiffs’ motion for a temporary restraining order, prohibiting the DOD from enforcing the Rate Cap Policy.

Update 2: On Jul. 18, Judge Murphy granted a preliminary injunction, barring the administration from enforcing a Department of Defense policy capping indirect cost reimbursements at 15 percent for higher education institutions. The court found this was the “fourth time” the administration has attempted “to announce a policy that has consistently been deemed unlawful” and ordered the administration not to reject or treat adversely grants that are negotiated at a rate higher than 15 percent.

Update 3: On Oct. 10, Judge Murphy granted Plaintiffs’ motion for summary judgment and denied Defendants’ cross-motion. On Oct. 15, the court entered final judgment for Plaintiffs on Counts I–V, vacated the Hegseth and Michael Memos under 5 U.S.C. § 706(2), declared DoD’s Rate Cap Policy invalid, contrary to law, and arbitrary and capricious, and dismissed Count VI without prejudice as moot.

City of Columbus et al v. Robert F. Kennedy, Jr. et al (D. Md.)

1:25-cv-02114

Complaint

2025-07-01Government Action Blocked Pending AppealGovernment Grants, Loans, and AssistanceAccess to Health Care2025-09-29

On June 20, 2025, the Centers for Medicaid and Medicare Services (CMS) issued a new set of rules and standards, entitled the “2025 Marketplace Integrity and Affordability Final Rule” (the 2025 Rule), that significantly altered the requirements and procedures for individuals to enroll in health insurance on marketplaces created by the Affordable Care Act (ACA) (42 U.S.C. Section 157). The numerous changes aimed to limit costs and to minimize fraud in the insurance system by: reducing the number of individuals enrolling in insurance with unresolved insurance debts, offering insurers more flexibility regarding the value of the coverage they provide to beneficiaries, incentivizing beneficiaries to confirm their income by imposing monthly fees for non-confirmation, shortening enrollment periods, and increasing beneficiary cost-sharing responsibilities. In a suit filed on July 1, Plaintiffs – the cities of Columbus, Baltimore, and Chicago, and the civil society organizations, Doctors for America and Main Street Alliance – claim that these rule modifications violate multiple provisions of the Administrative Procedure Act (APA) (5 U.S.C. Section 706(2)(A)). First, they allege that the actions are contrary to the statutory text of the ACA, particularly Section 1554’s prohibition on “any unreasonable barriers to the ability of individuals to obtain appropriate medical care.” Second, they allege that the 2025 Rule is arbitrary and capricious given both its flagrant ignorance of evidence concerning the negative impacts of the rule changes and its failure to adequately respond to comments filed by interested parties. Plaintiffs seek temporary and permanent injunctions vacating the 2025 Rule.

Update 1: In an Aug. 22 order and opinion, Judge Brendan Hurson granted in part Plaintiffs’ motion for a stay under 5 U.S.C. § 705. The court temporarily stayed several provisions that (i) added a $5 surcharge on automatic re-enrollees, (ii) revoked guaranteed coverage for individuals with past-due premiums, (iii) tightened “failure-to-reconcile” rules, (iv) added new special-enrollment and income-verification hurdles, (v) changed the de minimis ranges for actuarial value, and (vi) rescinded self-attestation of projected income. The court found plaintiffs likely to succeed on their APA and statutory challenges to those provisions, that they faced irreparable economic harm, and that the equities and public interest supported relief. It left two provisions in effect—the change to the premium adjustment percentage formula and elimination of the automatic 60-day income-verification extension—concluding plaintiffs were unlikely to succeed on those claims. The court also held that CASA does not bar preliminary vacatur/stays of new rules under the APA.”

Update 2: On Aug. 25, at Plaintiffs’ request, Judge Hurson issued an order clarifying the scope of his Aug. 22 stay order, expressly listing the seven provisions whose effective dates were stayed pending final judgment and the two provisions that were not stayed.
Update 3: On Aug. 28, the government noticed an appeal to the Fourth Circuit from Judge Hurson’s Aug. 22 stay order and Aug. 25 clarification order.

Update 4: On Aug. 29, the government filed motions before both Judge Hurson and the Fourth Circuit to stay pending appeal paragraph 2(f) of Judge Hurson’s Aug. 22 order, which blocked changes to the actuarial-value de minimis ranges.

Update 5: On Sept. 18, the Fourth Circuit denied the government’s motion to stay pending appeal paragraph 2(f) of Judge Hurson’s Aug. 22 order. On Sept. 29, Judge Hurson likewise denied a stay of that provision, leaving the entire set of seven provisions under the district-court stay.

The Family Planning Association of Maine v. United States Department of Health and Human Services (D. Me.)

1:25-cv-00364

Complaint

2025-07-16Case ClosedGovernment Grants, Loans, and AssistanceAccess to Health Care2025-12-29

The Family Planning Association of Maine (MFP) filed a complaint on July 16, 2025, challenging the administration’s defunding of Medicaid payments to providers that also offer abortion services. This “Defunding Provision,” which stems from Section 71113 of the “One Big Beautiful Bill Act,” bars federal Medicaid funding for all health care services offered by non-profit community providers that also provide abortion services, including MFP. The Plaintiff alleges the Defunding Provision violates the 5th Amendment Equal Protection Clause, as it deprives MFP of the same Medicaid funding available to other health care providers throughout the United States. It seeks to vacate the underlying action or preliminarily enjoin its enforcement.

July 16, 2025: Plaintiff filed a motion for a temporary restraining order and preliminary injunction.

Aug. 25, 2025: Judge Walker denied a motion for a preliminary injunction challenging portions of the “One Big Beautiful Bill Act” that bar federal funding for major abortion providers. The court held that Plaintiff’s equal protection argument was likely meritless and that Congress was entitled to “an exceedingly deferential standard of constitutional review” when regarding its power of the purse.

Aug. 29, 2025: Plaintiff noticed an appeal from Judge Walker’s Aug. 25 order denying their motion for a preliminary injunction.

Sept. 8, 2025: Judge Walker denied Plaintiff’s motion to stay proceedings pending appeal from his Aug. 25 order denying their motion for a preliminary injunction.

Sept. 16, 2025: The district court granted a consent motion to stay further district-court proceedings pending resolution of Plaintiffs’ appeal.

Sept. 17, 2025: In the First Circuit, Plaintiffs moved for an injunction pending resolution of their appeal.

Oct. 16, 2025: The First Circuit denied Plaintiffs’ motion for an injunction pending appeal, holding they had not met the demanding standard for such relief.

Oct. 23, 2025: The district court granted a consent motion to stay proceedings due to the government shutdown and, on Nov. 21, continued the stay pending the appeal of its order denying Plaintiffs’ motion for a preliminary injunction.

Nov. 24, 2025: The government filed its appellee brief.

Dec. 29, 2025: The First Circuit dismissed the Family Planning Association of Maine’s appeal after both parties voluntarily agreed to drop the case. The dismissal leaves in place the administration’s bar on federal Medicaid funding for major abortion providers.

California v. Centers for Medicare & Medicaid Services (D. Mass.)

1:25-cv-12019

Complaint

2025-07-17State A.G. PlaintiffsTemporary Block of Government Action DeniedGovernment Grants, Loans, and AssistanceAccess to Health Care2025-10-01

On June 20, 2025, the Centers for Medicaid and Medicare Services (CMS) issued a new set of rules and standards, entitled the “2025 Marketplace Integrity and Affordability Final Rule” (the Final Rule). The new regulations significantly altered the requirements and procedures for individuals to enroll in health insurance on marketplaces created by the Affordable Care Act (ACA) (42 U.S.C. Section 157), ostensibly to limit costs and minimize fraud in the insurance system.A coalition of 21 States filed a complaint on July 18 claiming that these rule modifications violate multiple provisions of the Administrative Procedure Act (APA). They allege that the Final Rule creates substantively invalid and illegal changes to the ACA marketplace, and that it unlawfully prohibits coverage of any “sex-trait modification procedure” as an essential health benefit. The States contend that the Final Rule violates the APA by failing to follow correct procedure as required by law, as arbitrary and capricious, and in excess of statutory authority, and is ultra vires as agency action not authorized by Congress. They seek declaratory and injunctive relief vacating the Final Rule and enjoining its implementation.

Update 1: On July 17, Plaintiffs filed a motion for a preliminary injunction and an accompanying memorandum of law in support.

Update 2: On October 1, District Court Judge Gorton denied a coalition of 21 states’ motion for a preliminary injunction against certain provisions of a Centers for Medicare & Medicaid Services (CMS) and Department of Health and Human Services (HHS) regulation published in June. Plaintiffs challenged several provisions, including (1) new income verification requirements for Advanced Premium Tax Credit (“APTC”) eligibility, (2) a one-year Failure to Reconcile (“FTR”) grace period, and (3) exclusion of “specified sex-trait modification procedures” from the essential health benefits. The court found that plaintiffs were unlikely to show direct and imminent irreparable harm and likely success on the merits. Judge Gorton observed that plaintiffs’ projections, like claims that 1.8 million people might drop coverage, were “exaggerated and largely speculative” and noted that many such projected losses would occur in states not parties to the suit. The court also held that the administration’s actions did not warrant a finding that the rule was arbitrary and capricious.

California v. U.S. Department of Health and Human Services (D. Mass.)

1:25-cv-12118

Complaint

2025-07-29State A.G. PlaintiffsGovernment Action Not Blocked Pending AppealGovernment Grants, Loans, and AssistanceAccess to Health Care2025-12-30

As part of the “One Big Beautiful Act,” Congress passed Section 71113 (the “Defund Provision”) which stripped federal Medicaid funding from the Planned Parenthood Federation of America. Plaintiffs, a coalition of 22 states and the District of Columbia, filed suit on July 29, 2025, alleging that the removal of Medicaid funding from Planned Parenthood unconstitutionally seeks to punish the organization for their advocacy on reproductive rights. They also contend that the defund provision will force states to either defund critical healthcare or cover the costs themselves, undermining Medicaid’s cooperative federal-state framework and causing vulnerable populations to lose access to essential healthcare services. Plaintiffs allege violations of the Spending Clause due to lack of clear notice and for unconstitutional provisions, including violations of their First Amendment and Equal Protection rights and Article I’s prohibition on bills of attainder, and seek declaratory and injunctive relief to block enforcement of the Defund Provision.

Dec. 2, 2025: Judge Talwani granted plaintiff states’ motion for a preliminary injunction, finding that Section 71113 of the Budget Reconciliation Act likely attaches conditions to federal funding without clear notice to states that participate in the joint Federal/State Medicaid program as required by the Spending Clause.

Dec. 8, 2025: The First Circuit Court of Appeals voted 2-1 to grant an administrative stay of the District Court’s preliminary injunction.

Dec. 30, 2025: The First Circuit vacated its previously issued administrative stay and granted the administration’s motion to stay the lower court’s preliminary injunction pending appeal. This allows enforcement of Section 71113, which prevents healthcare providers like Planned Parenthood from receiving Medicaid reimbursements for one year.

State of Oregon v. Kennedy (D. Or.)

6:25-cv-02409

Complaint

2025-12-23State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceAccess to Health Care2025-12-23

Plaintiffs in the lawsuit are 18 states and the District of Columbia. Defendants include the U.S. Department of Health and Human Services (HHS), HHS Secretary Robert F. Kennedy, Jr., and the HHS Inspector General. Plaintiffs allege that, on December 18, 2025, the HHS Secretary posted to the HHS website a “Declaration” titled ‘Safety, Effectiveness, and Professional Standards of Care for Sex-Rejecting Procedures on Children and Adolescents.” Plaintiffs also allege that the Declaration appears to set a new quality standard for healthcare for the entire United States by presuming that certain medical treatments for gender dysphoria or related disorders for children and adolescents are neither safe nor effective. Plaintiffs further allege that, pursuant to the Declaration, HHS can bar healthcare providers and institutions from participating in Medicare, Medicaid, and other federal healthcare programs if they treat any children or adolescents with these medical procedures, even if the treatment occurs outside federally funded health programs. Plaintiffs assert that the Declaration harms the plaintiffs’ abilities to administer approved state Medicaid plans in compliance with state laws that protect and guarantee medically necessary gender-affirming care. They also allege that the Declaration harms their administration of state Medicaid plans by announcing a decision-rule that HHS will use as a basis to exclude from Medicaid many medical clinicians—e.g., pediatricians, family medicine doctors, and endocrinologists—without process or authority. Plaintiffs further allege that the Declaration also purports to permit the exclusion of any “entity” employing those clinicians—e.g., hospitals, clinics, and family practices—many of which plaintiffs rely on to operate their Medicaid and other health care programs. Plaintiffs argue that the Declaration exceeds the Secretary’s authority and violates the Administrative Procedure Act and the Medicare and Medicaid statutes. Plaintiffs primarily ask the court to rule that the Declaration is unlawful, set the Declaration aside, and issue an injunction prohibiting enforcement of the Declaration.

American Academy of Pediatrics v. Robert F. Kennedy Jr. (D. Mass.)

1:25-cv-11916

Complaint


First Amended Complaint 2025-07-23


Second Amended Complaint 2025-09-03


Third Amended Complaint 2025-11-05

2025-07-07Awaiting Court RulingGovernment Grants, Loans, and AssistanceChanges to Health Directives and Related Regulations2025-11-05

On May 27, the Secretary of the Department of Health and Human Services (HHS), Robert F. Kennedy Jr. announced on social media site “X” that the COVID vaccine was removed from the Centers for Disease Control and Prevention (CDC) recommended immunization schedules for healthy children and healthy pregnant women. The directive was documented in a “Secretarial Directive” dated May 19, 2025 (the Directive). In a suit filed on Jul. 7, Plaintiffs claim the Directive adversely affects the physician-patient relationship because it places physicians in the conflicting position of advising patients on what they believe is the proper standard of care or adhering to conflicting federal guidance in addition to reducing vaccination rates and compromising communal immunity. They allege that the Directive violates the Administrative Procedure Act (APA) as arbitrary and capricious as it removes the COVID vaccine from the recommended immunization schedules without a reasoned or rational explanation supporting such changes and also as not in accordance with the law as it is in contravention to Congress’s statutory scheme governing vaccines and ask the court to vacate the Directive and reinstate COVID vaccine recommendations.

Update 1: On Jul. 7, Plaintiffs filed a motion for preliminary injunction, declaratory relief, and a request for expedited consideration. Plaintiffs withdrew the motion on Jul. 9.

Update 2: On Jul, 23, Plaintiffs filed a first amended complaint adding two additional Plaintiffs – Massachusetts Chapter of the American Academy of Pediatrics (MCAAP) and Jane Doe 2 – and provided amended and additional factual allegations and legal background.

Update 3: On Sept. 3, Plaintiffs filed a second amended complaint, adding Jane Doe 3 as an additional individual plaintiff and building out factual/standing allegations about the Directive’s impact on her and her family (including her immunocompromised status and confusion around Covid vaccination), while leaving the defendant set and causes of action otherwise unchanged.

Update 4: On Oct. 22, the case was reassigned from Judge William G. Young to Judge Brian E. Murphy.

Update 5: On Nov. 5, Plaintiffs filed a third amended complaint, which keeps the same organizational and individual plaintiffs (including all three Jane Does) but narrows the defendants to HHS, Secretary Kennedy, and CDC/Acting Director O’Neill (dropping FDA, NIH, and their officials). It reframes the case to challenge three final agency actions—CDC’s designation of COVID-19 vaccination for children and adults as “shared clinical decision-making” recommendations, and the Secretary’s June 2025 removal and reconstitution of the Advisory Committee on Immunization Practices (ACIP) and CDC’s adoption of the new ACIP’s votes—alleging that these actions are arbitrary and capricious and contrary to law under the APA because they violated the ACIP charter and advisory-committee safeguards, including the required Evidence to Recommendation process.

City of New York v. Trump et al. (S.D.N.Y.)

1:25-cv-01510

Complaint

First Amended Complaint

2025-03-20

Second Amended Complaint

2025-06-16

2025-02-21Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-06-16

On Feb. 11, 2025, FEMA clawed back $80 million that it had disbursed to New York City one week earlier. The funds had previously been approved by FEMA as reimbursement under the Shelter and Services Programs (SSP) to offset the City’s costs of providing housing and services for noncitizen migrants. Plaintiff alleges that FEMA had “reviewed and approved the City’s request [for funds], and issued payment, [and yet] Defendants grabbed the money back without any administrative process whatsoever.” The complaint alleges that Defendants attempted to cloak their actions “with a veneer of administrative process,” including by issuing a “noncompliance” letter to the City’s Office of Management and Budget with “Findings” that SSP funds were being used for “illegal activities.” Plaintiff alleges that the noncompliance letter was pretextual and that Defendants’ “real intent … is to withhold the funds permanently because they oppose the purposes for which the funds were appropriated, awarded, approved, and paid.” Plaintiff sues for injunctive relief to compel Defendants to return the funds to the City. Plaintiff also seeks a declaration that Defendants’ actions are arbitrary and capricious, in excess of authority, and without observance of lawful procedures.In the interim, Plaintiff seeks a temporary restraining order and preliminary injunction ordering Defendants to return certain funds and to enjoin Defendants from taking further relevant grant money from the City.

Feb. 28, 2025: Defendants filed a memorandum of law in opposition to Plaintiff’s motion for preliminary injunction and temporary restraining order.

Mar. 3, 2025: Plaintiffs filed a reply memorandum of law in further support of the motion for preliminary injunction and temporary restraining order.

Mar. 20, 2025: Plaintiff filed an amended complaint (redline here).

June 16, 2025: Plaintiff filed their second amended complaint (redline here).

Climate United Fund v. Citibank (D.D.C.)

1:24-cv-00698

Complaint

2025-03-08Government Action Not Blocked Pending AppealGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-10

Plaintiff Climate United Fund has brought suit against the EPA and Citibank for the withholding of its grant funding obtained from the EPA in 2024 through the National Clean Investment Fund (NCIF), a program under the Greenhouse Gas Reduction Fund (GGRF). The grant requires Climate United’s grant funds to be held at Citibank under a Financial Agent Agreement (FAA) between Citibank and the U.S. Treasury Department, and an Account Control Agreement (ACA) between Citibank, Climate United, and EPA that sets forth the specific details for EPA to exercise “control” as a secured party. On Feb. 12, 2025, EPA Administrator Lee Zeldin made a public statement announcing EPA’s goal of taking back grant funds disbursed to Climate United Fund and other recipients pursuant to the Inflation Reduction Act. The EPA and Zeldin then started to take multiple actions designed to suspend or terminate Climate United’s grant. Citibank is now refusing to honor Climate United’s disbursement requests despite contractual obligation to do so, citing the need for further direction from the EPA before disbursing any grant funds. Climate United Fund has been forced to defer compensation for some employees and will shortly run out of funds to pay operating expenses. Plaintiff seeks declaratory and injunctive relief to order Citibank to disburse funds, enjoin the EPA and Zeldin from impeding Citibank from disbursing funds, and enjoin the EPA and Zeldin from unlawfully suspending or terminating Climate United’s grant award.

Update 1: On Mar. 10, Plaintiff filed a motion requesting a temporary restraining order (“TRO”). On Mar. 12, both Citibank and the EPA filed motions in opposition to the TRO.

Update 2: On Mar. 11, the EPA terminated Climate United Fund’s grant. On Mar. 17, Plaintiff filed an amended complaint to include the unlawful termination of the grant.

Update 3: On Mar. 18, Judge Tanya Chutkan granted in part and denied in part Plaintiff’s motion for a TRO, enjoining the EPA and Citibank from implementing the grant termination and transferring the funds elsewhere.

Update 4: On Mar. 21, Plaintiffs filed a consolidated motion for a preliminary injunction to request that the Court prevent the Federal Defendants from (1) effectuating the EPA’s Mar. 11 termination of Climate United Fund’s grant, (2) unlawfully limiting access to the funds related to Plaintiffs’ grants, and (3) impeding Citibanks’ access to funds related to the grants.

Update 5: On Mar. 26, the Federal Defendants filed their opposition to Plaintiffs’ consolidated motion for a preliminary injunction.

Update 6: On Mar. 28, Plaintiff filed a reply in support of Plaintiffs’ consolidated motion for a preliminary injunction.

Update 7: On Mar. 31, the Federal Defendants filed an opposition to the Subgrantee Plaintiffs’ motion for a preliminary injunction. On that same day, Judge Chutkan ordered the extension of the TRO.

Update 8: On Apr. 8, Judge Chutkan ordered the extension of the Mar. 18 TRO for another 7 days.

Update 9: On Apr. 15, the Federal Defendants filed a contingent emergency motion requesting a stay pending the appeal to the D.C. Circuit of any order or preliminary injunction that requires the disbursement of federal funds from the Citibank accounts. On the same day, Plaintiffs responses (here, here, and here) in opposition to the contingent emergency motion.

Update 10: On Apr. 15, this case was consolidated with the suits against Defendants of other nonprofit plaintiffs who were also National Clean Investment Fund (NCIF) grantees.

Update 11: On Apr. 15, Judge Chutkan granted Plaintiffs’ motion for a preliminary injunction and denied Defendants’ contingent emergency motion requesting a stay pending appeal, ordering that the Federal Defendants are prevented from unlawfully suspending or terminating Plaintiffs’ grants and impeding Citibank from disbursing funds for the grants, and that Citibank is prevented from transferring or otherwise moving funds from accounts related to the grants and must disburse funds incurred before the mid-February suspension of disbursement. On Apr. 16, Judge Chutkan published a memorandum opinion in conjunction with the order granting the preliminary injunction.

Update 12: On Apr. 16, the EPA filed a notice of appeal of the Apr. 15 preliminary injunction to the D.C. Circuit.

Update 13: On Apr. 17, Plaintiffs Climate United Fund, Coalition for Green Capital, and Power Forward Communities filed a motion requesting the District Court to clarify the obligations imposed on Citibank by the Apr. 15 preliminary injunction and to amend the time period of funds to be disbursed.

Update 14: On Apr. 18, the Federal Defendants filed a response, arguing that the pending appeal prevents the District Court from having the authority to grant Plaintiffs’ request.
Update 15: On Apr. 19, Judge Chutkan granted Plaintiffs’ motion to clarify and amend the Apr. 15 preliminary injunction.

Update 16: On Sept. 2, on a 2-1 decision, the D.C. Circuit vacated an injunction and upheld the administration’s termination of $16 billion in climate funds authorized under the Inflation Reduction Act. The majority ruled that plaintiffs’ constitutional claims were meritless and their remaining claims were contractual in nature and therefore fall within the jurisdiction in the Court of Federal Claims. The court rejected the Separation of Powers arguments, determining there was “no statutory provision [in the Inflation Reduction Act] that barred the cancellation of the grants.” Judge Pillard dissented, stating that the majority’s “version of events fails to contend with the government’s actual behavior and misapprehends Plaintiffs’ claims, leading the majority to the wrong conclusion at every step of its review.” The Court also directed that the mandate be withheld until seven days after any timely petition for rehearing or rehearing en banc is resolved.

Update 17: On Sept. 10, appellees filed petitions for rehearing en banc. On Sept. 15, the Clerk ordered responses to the rehearing petitions. On Sept. 30, EPA and Citibank filed their responses.

Massachusetts Fair Housing Center v. Department of Housing and Urban Development (D. Mass.)

3:25-cv-30041

Complaint

2025-03-13Temporary Block of Government Action DeniedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-18

At the direction of the Department of Government Efficiency (DOGE) under Executive Order (EO) 14158, the Department of Housing and Urban Development (HUD) terminated 78 Fair Housing Initiative Program (FHIP) grants on February 27, 2025. The Plaintiffs to this class action are several non-profit fair housing organizations whose FHIP grants were terminated. FHIP grants are congressionally-appropriated funds, and the termination of the FHIP grants impacts the fair housing initiatives in 33 states and has resulted in the halt of programming to groups protected by the Fair Housing Act (FHA). HUD terminated these grants on the basis that they “no longer effectuate[] the program goals or agency priorities,” which Plaintiffs allege constitutes an arbitrary, capricious, and unlawful action by HUD and an ultra vires action by DOGE. Plaintiffs are seeking injunctive relief to reinstate the terminated grants.

Update 1: On Mar. 13, the same day the complaint was filed, plaintiffs filed an emergency motion for a temporary restraining order (TRO).

Update 2: On Mar. 21, defendants filed an opposition to plaintiffs’ emergency motion for a TRO.

Update 3: On Mar. 24, plaintiffs filed a reply in support of its emergency motion for a TRO updating its motion to seek preliminary relief against the HUD defendants only.

Update 4: On Mar. 26, following a hearing the day prior, the court granted the motion for an emergency TRO to temporarily enjoin the HUD defendants from terminating relevant FHIP grants and to reinstate those already terminated.
Update 5: On Apr. 7, Defendants filed a motion to dissolve the emergency TRO following the Supreme Court’s grant of emergency relief in Dep’t of Education v. California, 145 S. Ct. 966 (2025) (per curiam), in which the Court found the government defendants were likely to succeed in dismissing the case for lack of jurisdiction. Defendants also argued in their memorandum that the district court should stay proceedings. On Apr. 11, Plaintiffs filed an opposition to this motion to dissolve and stay proceedings, however Judge Stearns granted Defendants’ motion on Apr. 14. The court stated that it “was “merely deferring (as it must) to the Supreme Court’s unmistakable directive that, for jurisdictional purposes, the proper forum for this case is the Court of Federal Claims.”
Update 6: On Apr. 16, Plaintiffs appealed Judge Stearns’ Apr. 14 order granting Defendants’ motion to dissolve the emergency TRO to the First Circuit Court of Appeals.

Update 7: On Nov. 18, after oral argument on July 30, the First Circuit construed Plaintiffs’ Sept. 5 Rule 28(j) letter—arguing that “[f]urther proceedings are required to determine the appropriate forum” and that plaintiffs should be allowed to develop the record to show that (as in National Institutes of Health v. American Public Health Ass’n, 145 S. Ct. 2658) the challenged, agency-wide conduct is properly heard in federal district court—as a motion to remand, and remanded to the district court to litigate APHA’s impact on subject-matter jurisdiction/appropriate forum, expressing no view on the merits.

American Public Health Association v. National Institutes of Health (D. Mass.)

1:25-cv-10787

Complaint

2025-04-02Government Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2026-01-06

After President Trump issued Executive Orders 14151 and 14173, directing that federal funds should not be used to promote “gender ideology” or DEI, the NIH issued a series of documents articulating areas of research that “no longer effectuate[] agency priorities” (the “Directives”) and labelling certain topics of research, including DEI, transgender issues, vaccine hesitancy, and Covid, as forbidden topics. The NIH has allegedly subsequently terminated at least 678 research projects on a wide range of public health issues. Plaintiffs consist of four researchers who have either lost funding for grants or have had an application for a grant not considered, as well as the American Public Health Association (APHA), whose members have had grants canceled and whose journal is funded by the NIH; the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) which represents many academic workers and graduate students who have had grants terminated, and Ibis Reproductive Health, which also had a grant terminated. The complaint alleges that the NIH violated the APA in several ways: the terminations are “arbitrary and capricious”; were not in accordance with law, in particular 2 C.F.R. §200.340 (b) (2020), as they include no evidence as to why the grants were terminated; exceeded statutory authority as the congressional mandates specifically encourage studies involving diverse populations; and violated constitutional rights because of their failure to properly consider applications. Plaintiffs also allege that the vagueness of the criteria used for the terminations violates Fifth Amendment due process protections. Plaintiffs seek to have the terminations declared unlawful and both temporary and permanently enjoined, order NIH to restore grant awards, and order them to review all properly submitted applications.

Apr. 25, 2025: Plaintiffs filed a motion for a preliminary injunction to block Defendants from implementing the EOs, along with a memorandum of law supporting the motion.

May 12, 2025: Defendants filed an opposition to Plaintiffs’ motion for preliminary injunction, claiming that the Court lacks jurisdiction over Plaintiffs’ claims, the Plaintiffs are unlikely to succeed on the merits, they are not certain, imminent, and irreparable, and an injunction would be contrary to the public interest.

May 30, 2025: Judge William Young collapsed the motion for a preliminary injunction into a motion to dismiss and granted the Defendants’ motion to dismiss three counts but denied the motion to dismiss on all other counts.

June 16, 2025: Judge Young reportedly found that the administration’s termination of certain NIH research grants—particularly those focused on gender, diversity, equity, and inclusion—was unlawful and discriminatory.

June 23, 2025: Judge Young granted partial summary judgment in favor of Plaintiffs and held the challenged Directives and resulting grant terminations were arbitrary and capricious in violation of the APA. On that same day, Defendants appealed Judge Young’s order and partial final judgment to the First Circuit.

July 18, 2025: The First Circuit denied Defendants’ motion to stay Judge Young’s order.

Aug. 21, 2025: The U.S. Supreme Court, in a 5-4 decision, stayed the lower court decision thus allowing the Government, for now, to halt the grants. The Court’s majority ruled that the grantees should have sought to have the funding reinstated in the Court of Federal Claims, and lifted a lower court order directing the NIH to restore the grants while litigation over the funding termination proceeds.

Jan. 6, 2026: The court approved a joint stipulation requiring the NIH to process a defined set of grant applications without applying the challenged directives. In return, Plaintiffs agreed to dismiss their outstanding claims without prejudice.

Commonwealth of Massachusetts v. Kennedy (D. Mass.)

1:25-cv-10814

Complaint

2025-04-04State A.G. PlaintiffsGovernment Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2026-01-06

Following President Trump’s issuance of Executive Orders 14151, 14168 and 14173, which directed that federal funds should not be used to promote “gender ideology” or DEI, federal agencies issued policy directives implementing the executive orders at the National Institutes of Health (NIH). On Apr. 4, 2025 the Commonwealth of Massachusetts and the attorneys general of 15 additional states sued the NIH and various institutes and centers administered by the NIH, as well as NIH director Dr. Jay Bhattacharya, the Department of Health and Human Service (HHS), and HHS Secretary Robert F. Kennedy Jr., for failure to properly review or administer NIH grants and grant renewals. Plaintiffs allege that since January, all upcoming meetings for NIH grant applications by the two NIH bodies who review grants (a group of subject matter experts and an advisory council that considers funding availability and agency priorities) have been cancelled and that scheduling of future meetings has been delayed and minimized. In addition, they claim that the NIH has indefinitely withheld issuing final decisions on applications that have already received approval from these review bodies, including grant renewals, and that the NIH has terminated large numbers of already-issued grants for projects deemed to be connected to certain topics, including DEI, transgender issues, and vaccine hesitancy, in response to Executive Orders 14151, 14168 and 14173. These grants were terminated on the basis that they “no longer effectuate[] agency priorities”. Plaintiffs argue that the actions by the NIH violate the Administrative Procedure Act (APA) as they are both contrary to NIH regulations and statutes and “arbitrary and capricious”, and that they also violate the Separation of Powers and Spending Clauses of the Constitution. They allege that these delays and terminations have caused significant harm to public research institutions within their states and are seeking a preliminary and permanent injunction compelling the defendants to review delayed applications and barring them from carrying out terminations of grants.

Apr. 14, 2025: Plaintiffs filed a motion for preliminary injunction (along with a memorandum of law) seeking to block Defendants from implementing policy directives issued pursuant to the EOs at issue.

May 1, 2025: Defendants filed their opposition to Plaintiffs’ preliminary injunction motion. Among its arguments in opposition, Defendants assert that the court lacks jurisdiction in part because the Plaintiffs’ challenges are not to final agency actions and the grant terminations are not subject to APA review.

May 5, 2025: Plaintiffs filed a reply in support of their Motion for a Preliminary Injunction, rebutting the arguments of the Defendants put forth in their May 1 Opposition to Plaintiffs’ preliminary injunction motion and reiterating the arguments in favor of a Preliminary Injunction.

May 12, 2025: The court found that it has subject matter jurisdiction over the action.

June 23, 2025: Judge William Young issued a partial final judgment declaring that the administration’s termination of hundreds of NIH grants was “arbitrary and capricious” under the APA and ordering the affected grants reinstated. This decision follows Judge Young’s earlier bench ruling, in which he reportedly described the cancellations as “bereft of reasoning, virtually in their entirety” and stated, “I’ve never seen government racial discrimination like this.”

June 23, 2025: Defendants immediately filed an appeal of Judge Young’s partial final judgment order.

July 2, 2025: Judge Young issued a findings of fact and rulings of law setting forth his reasoning.

July 18, 2025: The Court of Appeals denied the Defendant’s request for a stay of the district court’s order.

Jan. 6, 2026: The court approved a joint stipulation requiring the NIH to process a defined set of grant applications without applying the challenged directives. In return, Plaintiff States agreed to dismiss their outstanding claims without prejudice.

State of New York v. United States Department of Education (S.D.N.Y.)

1:25-cv-02990

Complaint

2025-04-10State A.G. PlaintiffsGovernment Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-17

During the Covid-19 pandemic, Covid appropriated funds to strengthen and support Plaintiffs’ education programs under the American Rescue Plan Act of 2021 (ARP) and the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA). These grants were specifically made available through Sept. 2023 (for CRRSA grants) and Sept. 2024 (for ARP grants) and had an additional 120 day period (the liquidation period) to draw down the funds after that date. States were invited to request extensions of these liquidation periods, and Plaintiffs did so at various points after May 2023 (when the federal government declared the pandemic over), including in their requests detailed information about how the funds would be spent. These extensions were granted through March 2025 for CRRSA funds and March 2026 for ARP funds. Plaintiffs allege that based on these extensions, they made significant budgetary decisions and earmarked (and in some cases, spent money for which reimbursement has not yet been requested) funds for various critical programs and infrastructure improvements for schools.

On Mar. 28, Plaintiffs received a letter (the Rescission Letter) notifying them that the liquidation period for these funds was ending on that day, and stating that the prior approvals of requests to extend the liquidation periods were not justified or consistent with their priorities. Plaintiffs filed a suit on Apr. 10 claiming that the rescission decision was a violation of the APA as arbitrary and capricious and that the blanket rescission of all extension approvals was a final agency action that was contrary to law. They asked the Court to set aside the Rescission Letter and any further actions taken to implement or enforce it, declare the rescissions an unlawful violation of APA, and preliminarily and permanently enjoin Defendants from implementing or enforcing the Rescission Letter.

Update 1: On April 11 Plaintiffs filed a motion for preliminary injunction.
Update 2: On Apr. 25, Defendants filed their opposition to Plaintiffs’ preliminary injunction motion, arguing that since both the Rescission Letter and a subsequent letter on Apr. 3 lay out a procedure for seeking project-specific extensions of the liquidation period, there is a revised procedure in place so the Rescission Letter does not represent a final agency action. They also contend that Plaintiffs have not suffered irreparable harm since they have not sought extensions under these procedures, and that the rescissions are within the discretion of the DOE.
Update 3: On Apr. 29 Plaintiffs filed a reply arguing that the new process does not render the prior rescission not final, and reasserting that the removal of the funds has caused them irreparable harm.
Update 4: On May 6, after argument, Judge Ramos granted Plaintiffs’ motion for a preliminary injunction, finding they were likely to succeed on their APA claims and preliminarily enjoining DOE from enforcing the Rescission Letter. The court also barred DOE from modifying previously approved liquidation periods without at least 14 days’ advance notice and required DOE to notify all personnel of the order..

Update 5: On Jun. 3, following DEO’s May 11 “Dear Colleague” letter, Judge Ramos entered a second preliminary injunction enjoining enforcement of both the Mar. 28 Rescission Letter and May 11 letter, extending the notice requirement to 30 days before any future attempt to change Plaintiffs’ liquidation periods, and directing DOE to promptly process pending and future payment requests and file a status report on outstanding requests, while again requiring notice of the order to all DOE staff. Judge Ramos also denied Defendants’ request to stay the injunction pending appeal, and Defendants filed a notice of appeal to the Second Circuit the same day.

Update 6: On Jun. 6, in the Second Circuit, Defendants moved for a stay pending appeal and requested an immediate administrative stay. On Jun. 10, the Second Circuit referred the stay motion to the Jun. 17 motions panel and denied the request for an administrative stay in light of the expedited schedule.

Update 7: On Jun. 20, the Second Circuit denied Defendants’ motion to stay the district court’s order, finding DOE’s actions likely arbitrary and capricious under the APA—without any particularized assessment and insufficiently attentive to reliance interests—and concluding that a stay would substantially injure the plaintiff States.

Update 8: On Aug. 11, the parties withdrew the appeal in the Second Circuit and the case returned to the district court. On Oct. 1, the court extended the DOE’s deadline to respond to the complaint by one week, to Oct. 8, noting progress toward a consensual resolution; no response was filed by Oct. 8.

Update 9: On Nov. 17, the court approved the parties’ stipulation staying the case while keeping the May 6 and June 3 orders in effect and obligating DOE not to rescind the extensions, to process payment requests on agreed timelines, and to permit limited extensions of affected contracts.

American Educational Research Association v. Department of Education (D. Md.)

8:25-cv-01230

Complaint

2025-04-14Temporary Block of Government Action DeniedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-06-12

Institute of Education Services (IES) is a federal agency under the Department of Education (DOE) responsible for education statistics research. On Feb. 13, 2025, the DOE cancelled all federal contracts for all ten IES Regional Educational Offices and on Mar. 11, 2025, DOGE announced a mass reduction in force (“RIF”) that placed roughly 90 percent of IES’s staff on leave, pending final termination in June. Plaintiffs, two national education research nonprofits, American Educational Research Association (AERA) and Society for Research on Educational Effectiveness (SREE), filed suit on Apr. 14, 2025 contending that the cancellation of contracts and staff layoffs violate the Administrative Procedure Act (APA) and the administrative procedures required under the Education Science Reform Act (ESRA) (which created IES), the Appropriations Act, and other related federal statutes, as well as being a violation of ultra vires and separation of powers principles. Plaintiffs are requesting that the court declare that the Feb. 13 termination of contracts and the Mar. 11 staff terminations unlawful, and to order Defendants to: reinstate the cancelled contracts in within 30 days, prevent the destruction of data by contractors, vacate the Mar. 11 staff termination action, and reinstate terminated staff back in their IES roles.

Update 1: On Apr. 29, Plaintiffs filed a motion for preliminary injunction with accompanying memorandum, on the grounds that irreparable harm will be caused by preventing IES from disseminating research and data to its members, and by the data and findings of the research contracts being lost permanently. On May 12, Defendants filed a memorandum opposing Plaintiff’s motion for preliminary injunction and proposed an alternative order on the motion. On May 19, Plaintiffs filed a reply further supporting their motion for a preliminary injunction.

Update 2: On June 12, Judge Stephanie Gallagher denied Plaintiffs’ motion for a preliminary injunction, on the basis that the request is overbroad given factual discrepancies and that Plaintiffs have not shown they are entitled to extraordinary relief based on the alleged harms.

Harris County Texas v. Robert F Kennedy Jr (D.D.C.)

1:25-cv-01275

Complaint

2025-04-24Government Action Temporarily Blocked in Part; Temporary Block Denied in PartGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-06-17

On Mar. 24, 2025, the heads of the Department of Health and Human Services (HHS) and the Centers for Disease Control (CDC) unilaterally eliminated over $11 billion in federal grant funding from several COVID-related appropriations acts, including the Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020; the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA); American Rescue Plan Act of 2021 (ARPA); and Paycheck Protection Program and Health Care Enhancement Act (Paycheck Protection Act), aimed at helping local governments and other entities prepare for future pandemics. Plaintiffs, local governments and the American Federation of State, County, and Municipal Employees (AFSCME), sued, alleging that the termination violates constitutional protections for separation of powers and the Administrative Procedure Act’s bar on actions contrary to statute or agency regulations. Plaintiffs seek declaratory judgment that Defendants’ actions are unlawful and injunctions mandating that Defendants reinstate eliminated grant funding and spend appropriated funds.

Update 1: On June 17, Judge Christopher Cooper issued a memorandum opinion that granted in part and denied in part Plaintiffs’ motion for a preliminary injunction. Judge Cooper granted relief to some of the grants held by four local-government plaintiffs (Harris County, Texas; Columbus, Ohio; Davidson County and Nashville, Tennessee; and Kansas City, Missouri) and decided against granting relief to all terminated grants nationwide. Defendants are enjoined from enforcing or otherwise giving effect to the March 2025 terminations of grants issued directly or indirectly to these four plaintiffs under the Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020, the CARES Act, and the CRRSAA.

State of New York v. Department of Education (D. Mass.)

1:25-cv-11116

Complaint

2025-04-25State A.G. PlaintiffsGovernment Action Blocked Pending AppealGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-06-20

Following a series of Executive Orders (EOs) by President Trump aimed at eliminating (DEI) programs and practices in schools, the DOE Office for Civil Rights published a Dear Colleague Letter on Feb. 14, 2025 announcing its intentions for enforcing the Supreme Court’s decision in Students for Fair Admissions v. Harvard, which bans race-based affirmative action and which the administration views as restricting DEI. While State and Local Education Agencies (SEAs and LEAs) routinely provide written assurances that they will comply with Title VI as a requirement for receiving federal funds for education, on Apr. 3, the DOE informed SEAs that they would now be required to complete a new form of certification showing compliance with the principles underlying the Students for Fair Admissions decision. The new certification requires SEAs to affirmatively investigate whether LEAs are supporting DEI, report on any non-compliance, and develop plans to enforce compliance. It requires SEA’s to obtain separate certifications for each LEA in their state. Continued federal financial assistance was made expressly contingent upon certification, and the SEAs were threatened with potential liability and litigation consequences for failure to certify. The DOE reached an agreement to postpone the deadline of certification to Apr.24, and on Apr. 25 nineteen states sued to block enforcement of the certification requirement. The plaintiffs allege that the certification requirement is an unjustified interference with state and local control of education and that many of the federal funding statutes under which the states receive funding specifically require the implementation of a number of practices relating to DEI. They also assert that the certification requirement is an unlawful interpretation of existing civil rights laws, and that compliance is impossible due to the impermissibly vague language of the requirement. The complaint alleges that the certification requirement violates the Administrative Procedure Act as contrary to law including Title VI, DOE enabling legislation and other statutes such as the Americans with Disabilities Act, in excess of statutory and regulatory authority, without observance of procedure, and arbitrary and capricious. The Plaintiffs also assert violation of Separation of Powers due to usurping of legislative authority, the Appropriations Clause, the Spending Clause, and ultra vires doctrines. The Plaintiffs ask the court to declare the certification requirement unlawful, null and void, and vacated, and to preliminarily and permanently enjoin the Defendants from implementing the certification requirement.

June 3, 2025: Judge Edgardo Ramos granted a preliminary injunction, and the Government appealed to the Second Circuit the following day.

June 20, 2025: The Second Circuit denied the Government’s motion for a stay of the preliminary injunction pending appeal.

Planned Parenthood of Greater New York v. Department of Health and Human Services (D.D.C.)

1:25-cv-01334

Complaint

2025-05-01Case ClosedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-07-29

Since 2010, Congress has sponsored the Teen Pregnancy Prevention Program (TPP Program), a bipartisan public-health initiative to fund diverse organizations working to give adolescents the knowledge and tools needed to improve sexual and reproductive health. In 2025, the Department of Health and Human Services (HHS) implemented new requirements for certain organizations seeking to receive funding through this program. In particular, the requirement articulated that these organizations must demonstrate “alignment with current Presidential Executive Orders” and identified several Executive Orders that may be of most relevance to the work of the TPP Program (including EOs 14168, 14190, 14187, 14151, and 14173). Plaintiffs, Planned Parenthood organizations across the country that have historically received funding from the TPP Program, allege that Defendants have violated the Fifth Amendment’s Due Process Clause, as well as the Administrative Procedure Act’s (APA) “contrary to law” and “arbitrary and capricious” standards. They also bring an ultra vires action, alleging that HHS exceeded its authority by imposing additional obligations on TPP grantees not contemplated by the statutory framework established by Congress for the TPP Program. Plaintiffs seek a preliminary and permanent injunction to prevent HHS from implementing, maintaining, or giving effect to the new HHS requirements.

Update 1: On May 12, 2025, Plaintiffs filed a motion for a preliminary injunction to prevent the implementation of HHS’s new requirements on certain TPP recipients.

Update 2: On May 28, 2025, Defendants filed a memorandum in opposition to Plaintiffs’ motion for a preliminary injunction.

Update 3: On June 26, the court denied without prejudice the Plaintiffs’ motion for a preliminary injunction, determining that Plaintiffs “will not face irreparable harm for at least another few months.” The court ordered the parties to meet, confer, and jointly propose an expedited briefing schedule for future proceedings on the merits.

Update 4: On Jun. 27, plaintiffs filed a notice of appeal to the D.C. Circuit from the district court’s denial of preliminary relief.

Update 5: On Jul. 11, plaintiffs voluntarily dismissed the district court case, which the court closed on Jul. 14. 

Update 6: On Jul. 29, the D.C. Circuit dismissed the appeal pursuant to the parties’ joint stipulation.

Update 7: On Jul. 29, a subset of Plaintiffs from the dismissed case filed a new, similar action in the U.S. District Court for the District of Columbia, Planned Parenthood of Greater New York v. U.S. Department of Health and Human Services, No. 1:25-cv-02453 (D.D.C.). Defendants filed a notice of related case and a motion to transfer on Aug. 11, which the court in the new matter denied on Aug. 13.

City of Chicago v. United States Department of Homeland Security (N.D. Ill.)

1:25-cv-05462

Complaint

Amended Complaint

2025-06-16

2025-05-16Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-06-16

The Department of Homeland Security (DHS) is mandated by statute to run Securing the Cities (STC), a counterterrorism program under which local governments deemed to be at high risk of nuclear or other terrorist attack obtain funding from DHS to counter such threats. Plaintiff City of Chicago has entered into cooperative agreements with DHS since 2016 and was allegedly granted over $4 million in funding to use during the period of 2021 to 2030. Since Feb. 21, 2025, Chicago has submitted five reimbursement requests to DHS totalling over $1 million, none of which have been paid. DHS later announced that STC’s funding for equipment was being paused as part of DHS’s funding freeze. Chicago filed suit on May 16 against DHS and Kristi Noem, in her capacity as the Secretary of DHS, to challenge the funding freeze.

Plaintiff claims that Defendants have acted ultra vires and violated the Constitution’s separation of powers by freezing STC’s funding because Congress, which holds the power of the purse, enacted STC and repeatedly appropriated funds for it. Plaintiff argues that failure to issue said funding is a usurpation by the Executive of Congress’s authority. Plaintiff further claims that Defendants have violated the Administrative Procedure Act because DHS has a non-discretionary duty to issue reimbursements within 30 days of receipt and failure to do so qualifies as inaction subject to review. Plaintiff also argues that the Defendants violate the APA because they took action that was arbitrary and capricious, contrary to the Constitution and federal law, and without observing the procedures required by law. Plaintiff seeks declaratory relief and preliminary and permanent injunctions prohibiting Defendants from freezing STC funding and failing to issue reimbursements.

Update 1: On Jun. 16, Plaintiffs filed an amended complaint, adding Boston, Denver, San Francisco, and Seattle as plaintiffs. The amended filing described each city’s reliance on the Securing the Cities program and the harms from DHS’s freeze on 2025 reimbursements and failure to release approved 2024 funds, shifted emphasis from primarily APA claims to a stronger Appropriations Clause theory challenging DHS’s withholding of congressionally allocated funds, and stressed the need to restore funding before major events requiring heightened security, including political conventions and national holidays.

City of Chicago v. United States Department of Homeland Security (N.D. Ill.)

1:25-cv-05463

Complaint

2025-05-16Government Action Temporarily Blocked in Part; Temporary Block Denied in PartGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-13

On Feb. 10, 2025, the Federal Emergency Management Agency (FEMA) abruptly paused all federal grants previously disbursed or made available under the Shelter and Services Program (SSP), cancelling them completely a few weeks later. The actions followed a tweet on Feb. 10 by Elon Musk claiming that the program was unlawfully assisting undocumented people in New York. The complaint alleges that while FEMA sent the Plaintiffs similar letters with deadlines to respond to an investigation into unlawful use of the funds to shelter undocumented people, FEMA preemptively terminated the program in its entirety before the deadlines. Plaintiffs allege that the termination violates the Separation of Powers and the Spending Clause as the Shelter and Services Program was enacted and funded by Congress, and any rescinding or deference of funding by the Executive requires the approval of Congress which was not sought. Further, plaintiffs allege that the Defendants acted in ultra vires, beyond their legal authority, by terminating the Shelter and Services program, and that Defendants actions constitute several substantive and procedural violations of the Administrative Procedure Act (APA), including being arbitrary and capricious and contrary to law. The Plaintiffs requested that the Court vacate FEMA’s termination of the Shelter and Services Program, restore funding, and issue a preliminary and permanent injunction requiring the Defendants to undo the removal of funds and eliminate impediments to the Plaintiffs’ ability to submit future drawdown requests under the Shelter and Services Program and to process future requests.

Update 1: On July 12 Plaintiffs filed an emergency motion for a temporary restraining order.

Update 2: Judge Matthew Kennelly granted a TRO on July 12, temporarily prohibited DHS and FEMA from reallocating certain SSP funds, but then vacated the TRO on July 15 following a hearing.

Update 3: On Oct. 31, the Court granted in part Plaintiffs’ motion for a preliminary injunction, enjoining Defendants from (1) eliminating or terminating the SPP in the 2023 and 2024 congressional appropriations and (2) withholding FY2023 and FY2024 SPP funding for the reasons identified in the Mar. 11 and Apr. 1 letters. The court concluded that Plaintiffs are likely to succeed on their separation-of-powers and APA arbitrary-and-capricious claims because DHS/FEMA lacked discretion to ignore Congress’s directive that SSP funds “shall be transferred” to FEMA to support sheltering and offered only shifting, unsupported rationales (including generalized assertions of illegality and changed enforcement priorities) that failed to provide a reasoned explanation or account for grantees’ reliance interests

Update 4: On Nov. 3, Judge Kennelly issued an order confirming his Oct. 31 preliminary-injunction decision.

Update 5: On Nov. 13, Judge Kennelly denied the government’s motion to clarify the Oct. 31 preliminary injunction.

American Association of Physicians for Human Rights v. National Institutes of Health (D. Md.)

8:25-cv-01620

Complaint

2025-05-20Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-08-14

Following several executive orders (EOs 14168, 14151, 14173) and directives targeting “diversity”, “gender ideology” and “wokeness”, The National Institutes of Health (NIH) cancelled hundreds of research grants totalling over $800 million, which were previously dedicated to addressing the health needs of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) Americans. Plaintiffs represent several healthcare practitioners and a nonprofit who work in the LGBTQI+ health industry and who anticipate their work to be significantly harmed by the cancellation of NIH grants. Defendants are the NIH, the NIH Director, the Department of Health and Human Services (HHS) and the HHS Secretary. Plaintiffs allege that the actions of the NIH and HHS constitute ten violations of law, including violations of the Separation of Powers, several violations of the APA (for being arbitrary and capricious, contrary to law, contrary to regulation, contrary to a constitutional right, and for being unreasonably delayed), and violations of the Fifth Amendment’s Due Process Clause and Equal Protection Component. They seek declaratory, preliminary and permanent injunctive relief.

Update 1: On Aug. 1, Judge Griggsby granted in part the plaintiffs’ motion for a preliminary injunction, barring NIH and HHS from enforcing any directives or guidance that terminate or deny funding because a project involves LGBTQI+ health, gender identity, diversity, equity, or related topics. It also vacated the prior cancellation of the plaintiffs’ grants and ordered the agencies to process their (and GLMA members’) applications in the normal course. The judge denied the portion of the plaintiffs’ motion based upon their APA claims, determining that the plaintiffs have not established that the court possesses subject-matter jurisdiction.

Update 2: On Aug. 14, Judge Griggsby issued a memorandum opinion to her Aug. 1 preliminary injunction.

VERA Institute of Justice v. U.S. Department of Justice (D.D.C.)

1:25-cv-01643

Complaint

2025-05-21Government Action Temporarily Blocked in Part; Temporary Block Denied in PartGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-30

Plaintiffs are nonprofit organizations that have been receiving federal grants from the Department of Justice’s Office of Justice Programs (OJP) for a variety of services at the community level, including training law enforcement, developing initiatives to prevent crime and address its drivers, assisting crime victims, and working to interrupt gun crime. Many of these organisations had been receiving grant funding for numerous years. In April 2025, OJP informed Plaintiffs and other grantees that they were terminating their agreements and grants as the “awards no longer effectuate[] the program goals or agency priorities.” OJP ordered the grantees to stop work immediately and informed them that they would be reimbursed only up to the date of the termination letter. Plaintiffs state that they received no advance notice of the terminations and have substantial unreimbursed expenses incurred prior to termination. They allege that the terminations have caused immediate and irreparable harm to both their organisations and to the recipients of their services. The Plaintiffs filed a class action lawsuit on May 21, seeking to represent a class of all entities whose OJP grants were terminated in April 2025.They argue that the termination violates the Fifth Amendment Due Process Clause due to vagueness and the failure to provide reasonable notice and due process, as well as the Separation of Powers, Spending and Appropriations Clauses, and the Take Care Clause as an unlawful exercise of the exclusive right of Congress to appropriate federal money. They also argue that the terminations violate the Administrative Procedure Act as arbitrary and capricious, contrary to a constitutional right, and contrary to law on the basis that OJP did not “clearly and unambiguously” state in Plaintiffs’ award documents that it could terminate an award because an award no longer effectuates program goals or agency priorities. Plaintiffs seek to declare the terminations unlawful and unconstitutional and preliminarily and permanently enjoin Defendants and their agents from enforcing or implementing the terminations.

Update 1: On Jul. 7, Judge Mehta denied Plaintiffs’ motion for preliminary injunctive relief and dismissed their challenge to the administration’s grant termination from the Office of Justice Programs for lack of jurisdiction and failure to state a claim. While calling the administration’s actions “shameful” and “likely to harm communities and individuals vulnerable to crime and violence,” the court concluded it lacked the power to hear claims under the Administrative Procedure Act—finding these should instead be brought in the U.S. Court of Federal Claims—and that the Plaintiffs failed to demonstrate any constitutional violation. Plaintiffs immediately appealed this decision to the D.C. Circuit.

Update 2: On Jul. 21, Judge Mehta granted in part Plaintiffs’ emergency motion for an injunction pending appeal of its order denying their preliminary-injunction motion and dismissing the case. Although the court declined to reinstate Plaintiffs’ grants pending appeal, it found a narrower injunction appropriate—“one that prevents the re-obligation of the five named Plaintiffs’ cancelled grant funding … [and] prohibits Defendants from re-obligating or otherwise diminishing the sums awarded but terminated under Plaintiffs’ grant agreements.”

Update 3: On Aug. 1, an appeals court denied Plaintiffs’ motion for an injunction pending appeal, declining to reinstate the terminated grant funding from the Office of Justice Programs. Without specific reasoning, the court found the plaintiffs did not substantiate “the stringent requirements” for an injunction pending appeal, particularly their claims of irreparable harm. However, the court granted the motion to expedite the litigation.

Update 4: On Sept. 30, Judge Mehta extended his Jul. 21 injunction pending appeal through Dec. 1.

State of New York v. National Science Foundation (S.D.N.Y.)

1:25-cv-04452

Complaint

2025-05-28State A.G. PlaintiffsCase Closed/Dismissed in Favor of GovernmentGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-08-22

On April 18, 2025, the National Science Foundation (NSF), an independent federal agency established by Congress to support and fund scientific and engineering research and contribute to science, technology, engineering and mathematics (“STEM”) education, announced a new directive (the Priority Directive) for NSF funding programs which purported to the change the objectives of the agency, particularly with respect to efforts to increase the participation of women, minorities, and people with disabilities in STEM. Shortly thereafter the NSF began terminating awards to such programs which it claimed were not aligned with the new priorities. The NSF issued another directive (the Indirect Cost Directive) on May 2, 2025, capping the available reimbursement of “indirect costs” in awards to 15 percent, which have historically been negotiated by research institutions on an individual basis and were often much higher.

A group of sixteen Plaintiff States brought a suit against the NSF on May 28, alleging that the directives will damage state and nationwide development of the STEM workforce and will make it impossible to sustain research, and claiming that the directives are unconstitutional and violate the Administrative Procedure Act (APA). In particular, the States claim that the Priority Directive is directly contrary to a number of congressional statutes which both broadly and explicitly direct the NSF to promote the participation of underrepresented populations in STEM fields, and violates the APA as contrary to law and arbitrary and capricious as well as violating the Separation of Powers doctrine and Take Care clause of the Constitution. The States also allege that the Indirect Cost initiative violates the APA as contrary to law, as existing law does not authorize the NSF to unilaterally impose a cap on the existing rate, and is arbitrary and capricious. The Plaintiff States seek preliminary and permanent injunctive relief that holds both Directives as unlawful and enjoining any implementation of the Directives.

Update 1: On June 30, Judge Cronan denied the National Association of Scholars’ (“NAS”) motion to intervene but allowed NAS to file a brief as an amicus curiae.

Update 2: On August 1, Judge Cronan denied the states’ motion for a preliminary injunction, determining that the court likely lacks subject matter jurisdiction.

Update 3: On Aug. 22 (corrected in an Aug. 25 filing), Plaintiffs notified the court of their voluntary dismissal without prejudice.

Shapiro v. Department of Agriculture (M.D. Pa.)

1:25-cv-00998

Complaint

2025-06-04Government Action Not Blocked Pending AppealGovernment Grants, Loans, and AssistanceDenial of Federal Grants2026-01-02

On March 7, 2025, the Deputy Administrator of AMS sent a letter to PDA notifying the state agency that the existing contract for the LFPA funding would be terminated in 60 days because the program no longer effectuates agency priorities. Plaintiffs are Josh Shapiro, Governor of Pennsylvania, Russell Redding, Secretary of the PDA, and the PDA. In a suit filed Jun. 4, Plaintiffs allege that cancelling this contract will have a negative impact on Pennsylvania food banks, will deprive low-income Pennsylvanians of food and nutrition, and remove an important market for 190 Pennsylvania farmers who sell to the PDA. Plaintiffs allege that the termination violates the APA, arguing that the decision is arbitrary and capricious, constitutes unlawful agency action, violates controlling regulations regarding grant termination, and deprives Plaintiffs of due process required under the Fifth Amendment of the United States Constitution. Plaintiffs have requested the court vacate the termination.

Dec. 3, 2025: The District Court granted Defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted. This order also denied Plaintiffs’ preliminary injunction motion as moot.

Jan. 2, 2026: Plaintiffs appealed the Court’s Dec. 3, order to the Third Circuit.

Urban Sustainability Directors Network v. United States Department Of Agriculture (D.D.C.)

1:25-cv-01775

Complaint

2025-06-05Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-05

Throughout the initial weeks of his administration, President Donald Trump issued a series of Executive Orders – EOs 14151, 14173, and 14154 – seeking to end federal support for initiatives related to diversity, equity, and inclusion (DEI) and to climate change mitigation. Defendants terminated plaintiffs’ previously awarded grant funds, notifying plaintiffs that the grants were “inconsistent with, and no longer effectuate” the Department of Agriculture’s (USDA) priorities under 2 C.F.R 200.340(a)(4), as determined by Trump’s recently issued EOs. Plaintiffs claim that these sudden terminations occurred without the notice and individualized consideration required by law, and that they harm the plaintiff organizations, the plaintiff organizations’ clients, and the plaintiff organizations’ communities by forcing plaintiffs to layoff employees, to discontinue services, and, in some cases, to shut down completely. Plaintiffs specifically allege that the grant terminations 1) deprive plaintiffs of the notice and due process mandated by the Fifth Amendment, 2) are contrary to the statutory law and regulations governing the grants (Uniform Guidance, 2 C.F.R. § 400.1; Cooperative Forestry Assistance Act of 1978; Inflation Reduction Act of 2022) and thereby violate § 706(2)(A) of the Administrative Procedure Act (APA), 3) are arbitrary and capricious under § 706(2)(A) of the Administrative Procedure Act, 4) violate the Constitution’s separation of powers (U.S. Const. Art. I, § 1) by withholding funds previously appropriated by Congress, and 5) constitute an ultra vires action that exceeds the USDA’s authority. Plaintiffs request that the court vacate the grant terminations through temporary restraining orders and permanent injunctions.

June 24, 2025: The Plaintiffs filed an amended complaint.

Aug. 14, 2025: The court granted in significant part a preliminary injunction protecting the Plaintiffs’ grant awards.

Oct. 10, 2025: Defendants appealed the Aug. 14 preliminary injunction order to the D.C. Circuit.

Dec. 5, 2025: The D.C. Circuit granted Plaintiffs-Appellees’ motion to hold the appeal in abeyance pending the outcome of two related cases (Vera Institute of Justice v. Dept. of Justice, No. 25-5248; Climate United Fund v. Citibank, N.A., No. 25-5122)

Rhode Island Coalition Against Domestic Violence v. Bondi (D.R.I.)

1:25-cv-00279

Complaint

2025-06-16Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-19

Plaintiffs are a coalition of domestic violence and sexual assault groups that have received federal grant funding from the Department of Justice’s (DOJ) Office on Violence Against Women (OVW), which supports services for victims and survivors, including emergency shelters, legal assistance, counseling, and community education. Many of these non-profit organizations and coalitions have received OVW funding for decades. In June 2025, OVW issued a set of new certification requirements for grantees, which prohibits the use of federal funding to “promote gender ideology,” operate “DEI programs,” or "prioritize illegal aliens[.]” Plaintiffs allege that new OVW requirements are overbroad, go against the core values of the Violence Against Women Act, and terminate funding that keeps life-saving programs running. Alternatively, Plaintiffs allege that agreeing to new OVW requirements will expose them to liability under the False Claims Act, which carries financial penalties and allows private parties to sue for alleged misuse of federal funds. On June 16, 2025, the plaintiffs filed a lawsuit in the District of Rhode Island. Plaintiffs allege that new OVW requirements violate the Spending Clause and the Separation of Powers Clause for imposing unauthorized and coercive grant restrictions; infringe on First Amendment rights for compelling and chilling speech; and violate the Due Process Clause for crafting vague and ambiguous conditions. Plaintiffs also allege that the new requirements exceed the Executive’s power, and the conditions violate the Administrative Procedure Act for being arbitrary and capricious, contrary to law and constitutional right, and exceeding Defendants’ statutory authority. Plaintiffs seek to declare the new requirements as unlawful and to enjoin the DOJ and OVW from enforcing the new certification conditions as part of the OVW grant process. 

Update 1: On August 8, Judge Smith granted Plaintiffs’ motion for a Section 705 preliminary stay, halting the administration from imposing additional conditions on grants involving domestic violence programs, including conditions stemming from the administration’s Executive Order 14168 (“gender Ideology) and Executive Order 14173 (DEI). The court ruled that the challenged conditions violated the Administrative Procedure Act regarding arbitrary and capricious agency action.

Update 2: On Nov. 19, the Plaintiffs filed an amended complaint and a motion (and memorandum in support) for partial summary judgment and permanent relief on their claims challenging those same New Conditions, requesting vacatur under Section 706 and a permanent injunction barring enforcement or re-imposition of the conditions (including where certifications were already signed). The motion requests summary judgment on Claim VII and, as to the remaining claims, on all challenged OVW conditions except the OJP Anti-DEI Certification Requirement, which they plan to address in a later motion once the administrative record is produced.

Rhode Island Coalition Against Domestic Violence v. Kennedy (D.R.I.)

1:25-cv-00342

Complaint 2025-07-21


Amended Complaint 2025-09-15

2025-07-21Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-05

The Departments of Housing and Urban Development (HUD) and Health and Human Services (HHS) have imposed new conditions on grantees requiring them to certify compliance with certain ideological positions related to gender; diversity, equity, inclusion, and accessibility; and abortion. Plaintiffs are 22 non-profit organizations that receive federal grants to assist victims of domestic violence and sexual assault and individuals and families facing homelessness. They filed suit against HUD, HHS, and other agencies and government officials to challenge the new conditions, arguing that they are being forced to make an impossible choice of either fundamentally changing their programming and exposing themselves to civil and criminal liability under the False Claims Act or ending their federally funding programs, which would have devastating impacts on those they serve. Plaintiffs argue that the government violated the separation of powers, spending clause, First Amendment, and the Fifth Amendment’s Due Process Clause. They also argue that defendants violated the Administrative Procedure Act for acting in excess of statutory authority, contrary to law, contrary to constitutional right, arbitrarily and capriciously, and without observance of procedure required by law. Plaintiffs further argue that defendants acted ultra vires. Plaintiffs seek declaratory relief, a stay of the new conditions, and preliminary and permanent injunctions.

Update 1: On July 28, the district court granted plaintiffs’ motion for a temporary restraining order.

Update 2: On August 7, the district court granted plaintiffs’ amended motion for a temporary restraining order.

Update 3: On August 20, the district court granted the plaintiffs’ amended motion for a temporary restraining order.

Update 4: On September 15, plaintiffs filed an amended complaint to include additional defendants and to provide updated factual information.

Update 5: On September 16, the district court granted plaintiffs’ amended motion for a temporary restraining order.

Update 6: On October 1, all defendants filed and the district court denied a motion to stay given the government shutdown. The district court granted plaintiffs’ amended motion for a temporary restraining order.

Update 7: On October 10, the district court granted plaintiffs’ motion for a preliminary injunction. Judge DuBose held that the plaintiffs were likely to succeed on their claims that the administration violated the Administrative Procedure Act, as the agencies “engaged in a baseless and arbitrary process” and could not provide an explanation for the added conditions. The court also held that the requirements likely violated the First Amendment for imposing a viewpoint-based condition on the receipt of federal funds, and the Fifth Amendment, for being unconstitutionally vague, emphasizing “[t]he phrases ‘promote gender ideology’ and ‘promote elective abortion’ obscure meaning like Russian dolls stacked inside each other.”

Update 8: On Oct. 23, the court issued an amended preliminary injunction.

Update 9: On Dec. 5, the court denied plaintiffs’ Dec. 3 emergency motion to enforce the preliminary injunction, finding that HUD’s November NOFO already made clear that the enjoined conditions would not be enforced while the Oct. 23 injunction remained in effect, but ordered HUD to issue clarifying guidance by Dec. 10. On Dec. 9, before that clarification was issued, HUD withdrew the challenged NOFO, and the parties agreed the clarification requirement was moot.

American Association of Physics Teachers v. National Science Foundation (D.D.C.)

1:25-cv-01923

Complaint

2025-06-18Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-10

Part of the National Science Foundation’s (NSF) congressional mandate is to expand the participation of underrepresented persons in STEM fields. In line with this mandate, the NSF has long been a major source of federal funding for projects to broaden participation of underrepresented populations in the STEM field. On January 20, 2025, President Trump issued Executive Order (EO) 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” Pursuant to this EO, the NSF updated its priorities for funding research and terminated over $1 billion of previously awarded scientific grants, cooperative agreements, and other financial awards. Plaintiffs are organizations of educators, professors, researchers, graduate students, and organizations whose NSF awards have recently been terminated by NSF. Plaintiffs filed suit against Defendants on June 18, 2025, alleging that Defendants’ actions were arbitrary, capricious, an abuse of agency discretion, not in accordance with law, and unlawfully withheld under the Administrative Procedure Act. Further, they allege that Defendants violated separation of powers, the Spending and Appropriations Clauses of the Constitution, as well as procedural due process under the Fifth Amendment. Plaintiffs request a declaration that Defendants’ actions are unlawful and to enjoin them from withholding funds and further terminating funds.

June 23, 2025: The Plaintiffs filed a motion for preliminary injunction.

Sept. 10, 2025: The court denied the Plaintiffs’ motion for a preliminary injunction.

Board of Education for the Silver Consolidated Schools v. McMahon (D.N.M.)

2:25-cv-00586

Complaint

2025-06-20Case Closed/Dismissed in Favor of GovernmentGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-05

On June 20, a New Mexico school district (the “School District”) filed suit against the Trump administration, alleging that its effort to rescind $6 million in federally appropriated school mental health grants violated the Administrative Procedure Act (APA) and the Bipartisan Safer Communities Act. The Department of Education terminated these grants on April 29, 2025, declaring that the funding of mental health grants did not reflect the priorities of the Trump administration. Plaintiff alleges that the Defendants (Linda McMahon, in her capacity as Secretary of Education, and the US Department of Education) violated the First Amendment by restricting speech between mental health professionals and School District staff, the Fifth Amendment due process clause, the spending clause,and the APA’s “arbitrary and capricious” standard. Plaintiff further alleges that the Department exceeded its statutory authority. Plaintiff seeks declaratory and injunctive relief.

Update 1: On June 23, Plaintiff filed a motion for a Temporary Restraining Order (TRO). A supporting memorandum for the TRO motion was filed on June 26.

Update 2: On July 18, Judge Thompson denied a motion of preliminary injunction from the Board of Education for the Silver Consolidated Schools and dismissed their lawsuit, which seeks to restore the grant terminated by the administration. The court noted the lawsuit is a contractual claim and belongs in the Court of Federal Claims, and even though “the grant seems like a worthwhile expenditure of taxpayer funds” and seems to be lawful under relevant laws, “there isn’t jurisdiction in this Court for these claims.”

Update 3: On Sept. 5, the court issued a final order of dismissal, closing the case.

State of New Jersey v. U.S. Office of Management and Budget (D. Mass.)

1:25-cv-11816

Complaint


Amended Complaint 2025-07-31

2025-06-24State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-07-31

A coalition of 21 states filed suit on June 24, 2025 against the Trump Administration for terminating billions of dollars worth of grants, appropriated by Congress, previously awarded to these states for critical funding. The Administration has grounded its authority to slash this funding in a subclause (the “Clause”) found within federal regulations promulgated by the Office of Management and Budget (OMB), which provides that federal agencies may terminate grants “[...] to the extent authorized by law, if an award no longer effectuates the program goals or agency priorities.” Calling the terminations “unprecedented and unlawful,” the Plaintiffs allege that the Administration’s actions violate separation of powers and the Administrative Procedure Act. They seek a declaration that the Clause and agency regulations incorporating the Clause do not authorize the terminations of awards and declaratory and injunctive relief barring the Defendants from using the Clause to terminate grants.

Update 1: On Jun. 27, Judge Julia Kobick recused herself from participating in this matter. Judge Indira Talwani was reassigned to the matter on that same day.

Update 2: On Jul. 31, Plaintiffs filed an amended complaint adding Governor Laura Kelly (Kansas) and the Office of the Governor ex rel. Andy Beshear (Kentucky) as Plaintiffs, and adding the U.S. Department of the Interior and Doug Burgum, in his official capacity as Secretary of the Interior, as Defendants.

National Fair Housing Alliance v. Department of Housing and Urban Development (D.D.C.)

1:25-cv-01965

Complaint

2025-06-24Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-08-11

The National Fair Housing Alliance and Tennessee Fair Housing Council filed a class action complaint against the Department of Housing and Urban Development (HUD), challenging the administration’s refusal to release congressionally appropriated grants under HUD’s Fair Housing Initiatives Program (FHIP), a program that supports investigations, outreach, and enforcement related to housing discrimination. Plaintiffs allege that HUD has neither administered existing grants, nor awarded new grants from pending application cycles, and refuses to facilitate second and third year funding from previously approved multi-year grants that have only been partially funded, and upon which recipients have relied on to engage in ongoing activities that take multiple years. Plaintiffs contend that HUD’s actions constitute violations of the Administrative Procedure Act (APA) as the unlawful withholding of agency action and arbitrary and capricious, as well as violating the Appropriations Clause, Separation of Powers, and Due Process Clause. Plaintiffs seek injunctive relief ordering the agency to administer existing grants and to award and obligate outstanding appropriations. Plaintiffs also filed a motion to expedite the proceeding.


Update 1: On Jul. 7, Plaintiffs filed a motion for a temporary restraining order.

Update 2: On Jul. 28, Judge Sooknanan granted in partPlaintiffs’ motion for a temporary restraining order, though on narrower terms than Plaintiffs requested. The court focused on HUD’s failure to award new FY 2024 FHIP grants, while deferring ruling on the multi-year grant claims at Plaintiffs’ request. The court held that plaintiffs are likely to succeed on their claims under the APA (unreasonable-delay) and separation of powers claim (because HUD may not allow duly appropriated FHIP funds to lapse). The court ordered HUD to comply with its statutory obligations to obligate FY 2024 FHIP funds before they lapse on Sept. 30, to file by Aug. 4 a detailed plan explaining how it will meet that deadline, and to submit weekly status reports thereafter, but declined for now to order that FY 2024 funds remain available past the lapse date or to impose more prescriptive deadlines.

Update 3: On Aug. 11, with both sides agreeing no further briefing or evidence was needed, the court converted the TRO into a preliminary injunction, again ordering HUD to make FHIP funds available before Sept. 30, 2025 and to continue filing weekly status reports on new grant awards. The injunction remains in effect until further order of the court.

State of Washington v. United States Department of Education (W.D. Wash.)

2:25-cv-01228

Complaint

2025-07-01State A.G. PlaintiffsGovernment Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2026-01-14

On April 29, 2025, the Department of Education (DOE) announced that due to the current Administration’s priorities they would be discontinuing mental health funding previously provided to high-need, low-income, rural schools pursuant to two different grant programs, the Mental Health Service Professional Demonstration Grant Program (MHSP) and the School-Based Mental Health Services Grant Program (SBMH), which were designed to expand the pipeline of mental health professionals and increase the number of professionals in grantee schools. A group of 16 states filed suit to challenge the withdrawal of funding, asserting that the action violated the Administrative Procedure Act (APA) as arbitrary and capricious, contrary to law as it violates regulations addressing continuation funding for multi-year grants awards, and failed to follow required notice-and-comment procedures. The Plaintiff States also claim that the withdrawal violates the Spending Clause and Separation of Powers and is ultra vires as conduct outside the authority granted to the Executive branch. The Plaintiffs request preliminary and permanent injunctive relief barring implementation of the DOE’s decision and declaratory judgement holding the DOE’s decision unlawful.

July 8, 2025: Plaintiffs filed a motion for preliminary injunction, on the grounds that irreparable harm to schools, students, and mental health service trainees will be caused by withdrawing the planned funds, noting that the funding helps reduce suicide rates, train new mental health counselors, and avert gun violence and drug overdoses.

Oct. 27, 2025: District Court Judge Evanson issued a preliminary injunction blocking the Department of Education from terminating $1 billion in funding for school-based mental health services in fifteen states. Judge Evanson held that the administration’s decision to cancel the grants was “wholly conclusory,” and thus likely arbitrary and capricious in violation of the Administrative Procedure Act. The injunction applies to all plaintiff states except Nevada, whose funding was set to expire before the effective data of the administration’s decision.

Dec. 4, 2025: The Ninth Circuit Court of Appeals denied the government’s motion to stay a preliminary injunction that blocks the administration’s effort to terminate $1 billion in funding for school-based mental health services in 15 states.

Dec. 19, 2025: Judge Evanson granted Plaintiffs’ motion for partial summary judgment and denied Defendants’ cross-motion for partial summary judgment. Judge Evanson vacated the Department of Education’s Directive procedure, discontinuation notices, and letters denying reconsideration with respect to discontinued Grantees in Plaintiff States and permanently enjoined the Department of Education from considering any new priorities or any other information not in keeping with the existing rule when determining grant eligibility.

Jan. 14, 2026: The Ninth Circuit granted the Defendants’ motion to voluntarily dismiss their appeal.

Launch Alaska v. Department of Navy, Office of Naval Research (D. Alaska)

3:25-cv-00141

Complaint

2025-07-01Case Closed/Dismissed in Favor of GovernmentGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-03

Launch Alaska, a nonprofit startup accelerator that helps startup companies develop their businesses, received grant funding from the Office of Naval Research (ONR) through the Alaska Regional Collaboration Technology Innovation and Commercialization (ARCTIC) program – a joint public-private initiative aiming to strengthen energy, transit, and industrial capacity in Alaska. On April 30, 2025, Launch Alaska received notice from ONR that its funding was terminated as it no longer effectuates the goals of the ARCTIC program as defined in a new memo from Secretary of Defense Pete Hegseth (SECDEF Memo) of March 20, 2025. The notice cited a general decision to end funding for research activities in areas of Diversity, Equity and Inclusion (DEI), climate change, social science, Covid-19 pandemic response, and related programs. After ONR sustained the termination on appeal, the Plaintiff filed suit asserting that the funding termination and ONR’s response on appeal violated the Administrative Procedure Act (APA) as arbitrary and capricious and seeking preliminary and permanent injunctive relief to sustain the previously awarded funding from ONR’s ARCTIC program.

Update 1: On July 3, Launch Alaska filed a motion for a preliminary injunction.

Update 2: On Aug. 5, Judge G. Murray Snow granted Launch Alaska’s preliminary injunction motion and denied Defendants’ motion to dismiss. Defendants are now preliminarily enjoined from treating Plaintiff’s grant award as terminated.

Update 3: On Aug. 19, the Defendants answered the complaint, but on Oct. 3 all parties served notice to dismiss the case with prejudice, which the court granted the same day.

Association of American Universities v. National Science Foundation (D. Mass.)

1:25-cv-11231

Complaint

2025-05-05Government Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-30

Plaintiffs, Association of American Universities, American Council on Education, Association of Public and Land-grant Universities, and several universities bring suit against Defendants, National Science Foundation (NSF) and Brian Stone, in his official capacity as NSF’s acting director. The suit challenges the unilateral decision of the NSF to cut “indirect cost rates” for government-funded research. Indirect costs are costs necessary for research to occur but harder to attribute to individual projects. This policy is identical in key respects to policies of the National Institutes of Health (NIH) and Department of Energy (DOE) that district courts have already enjoined. Plaintiffs allege that NSF has not attempted to address many of the flaws the district courts found with NIH’s and DOE’s policies.

On May 2, 2025, NSF issued a new policy imposing a 15% cap on all new grant and cooperative agreement awards to universities, which is applied only to universities. Plaintiffs allege that the Rate Cap Policy is unlawful as it violates the governing statutes, which authorize agencies to provide for reimbursable indirect costs via a tailored approach, as well as the indirect cost regulation that the Office of Management and Budget (OMB) promulgated, which provides that indirect cost rates must be accepted by all federal agencies. The Rate Cap Policy is also alleged to have violated OMB’s requirement that notice be provided for any departure from the negotiated rates. Plaintiffs also allege that the Rate Cap Policy’s explanation falls short of satisfying the Administrative Procedure Act’s (APA) reasoned-decisionmaking requirements; arbitrary and capricious, the Policy also singles out universities without explaining why it exempts other recipients. In addition, the effects of the Policy are alleged to be immediate and irreparable.

Plaintiffs pray for the following relief: expedited resolution the action to prevent harm to Plaintiffs; vacatur of the Rate Cap Policy; declaratory judgment finding the Policy invalid, arbitrary and capricious, and contrary to law; an injunction prohibiting the implementation of the Policy; and an order awarding Plaintiffs’ costs of suit and attorneys’ fees and expenses.

June 20, 2025: The court granted Plaintiffs’ motion for summary judgment. Implementation of the 15% Indirect Cost Rate is vacated and declared invalid, arbitrary and capricious, and contrary to law. The court further ordered that within 72 hours of entry of this order, Defendants provide written notice of the order to all funding recipients affected by the 15% Indirect Cost Rate.

June 23, 2025: NSF submitted a notice to notify the court regarding its compliance with the court’s summary judgment order.

Sept. 30, 2025: The appeal was ordered voluntarily dismissed.

Right to be v. Bondi (D.D.C.)

1:25-cv-03248

Complaint

2025-07-02Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-04

This case continues the proceedings in Right To Be v. Bondi, No. 1:25-cv-03676, which was transferred from the Eastern District of New York to the U.S. District Court for the District of Columbia. The Case was opened in D.C. on Sept. 23, 2025 and is before Judge Amit P. Mehta.

On Apr. 22, 2025, the Department of Justice (DOJ) dismantled the Congressionally created Community-Based Approaches to Hate Crimes grant program (Anti-Hate Crimes Grant Program) which had been awarding grants through the DOJ’s Office of Justice Programs (OJP) and Bureau of Justice Assistance. Organizations receiving these grants had been developing programs designed to promote community safety by empowering community members to combat hate crimes and other forms of bigotry, and were informed en masse by boilerplate notices that their awards were being terminated because their programs no longer effectuate “agency priorities.” Three organizations that had been receiving funds under the Anti-Hates Grant Program filed suit on July 2, 2025, alleging that the terminations violated the Due Process Clause, Separation of Powers, and the Administrative Procedure Act (APA) as contrary to law and arbitrary and capricious. They seek a declaration that the terminations are unlawful and void and preliminary and permanent injunctions against enforcing the terminations.

Oct. 4, 2025: The court granted parties’ joint motion to stay proceedings until Dec. 1, 2025, ordering that defendants may not re-obligate or otherwise diminish the sums awarded but terminated under Plaintiffs’ grant agreements until that time.

State of Washington v. Federal Emergency Management Agency (D. Mass.)

1:25-cv-12006

Complaint

2025-07-16State A.G. PlaintiffsGovernment Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-11

On March 27, the newly installed Director of the Federal Emergency Management Agency (FEMA) terminated the Building Resilient Infrastructure and Communities (BRIC) program, a bipartisan initiative created and funded by Congress since 2000 which provides federal grants to help States and their communities fortify infrastructure, homes, and communal resources against disasters before they occur, asserting that it failed to improve hazard mitigation and supplanted local investment in disaster preparedness. The FEMA Director further instructed FEMA to redirect the $1 billion in funds previously allocated to the program by Congress to FEMA’s disaster response programs or to the US Treasury.

On July 16, 2025, twenty States filed suit challenging the termination of the BRIC program, claiming that the termination – along with the withholding and redirection of Congressionally appropriated funds – violate the Separation of Powers, the Appropriations Clause, and the Spending Clause of the Constitution. The Plaintiff States further allege that the termination of the BRIC program violates the Administrative Procedure Act as contrary to law and arbitrary and capricious agency action, and they also argue that the officials currently acting as FEMA senior officials lack legal authority to implement or ratify the termination under the Federal Vacancies Reform Act (FVRA) and the Appointments Clause. Plaintiffs seek the program’s restoration to its pre-April 2025 status and an injunction against the use or expiration of BRIC funds for non-BRIC purposes.

Update 1: On Aug. 5, Judge Richard Stearns granted a preliminary injunction that enjoins Defendants from spending the funds allocated to BRIC for non-BRIC purposes until the court is able to render a final judgment on the merits.

Update 2: On Dec. 11, Judge Stearns granted Plaintiffs’ motion for summary judgment, permanently enjoining the administration from terminating the BRIC program without Congressional approval and ordering the administration to take “all steps necessary” to reverse its termination.

California High-Speed Rail Authority v. United States Department of Transportation (E.D. Cal.)

2:25-at-00931

Complaint

2025-07-17Case Closed/Dismissed in Favor of GovernmentGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-23

On June 16, 2025, the Federal Railroad Administration terminated a series of longstanding Cooperative Agreements with the California High-Speed Rail Authority, which together total over $4 billion in federal aid, pursuant to which California has been constructing a high-speed railway connecting the state. The California High-speed Rail Authority, who is responsible for the development and construction of the high-speed railway, is challenging these terminations. They allege that the termination of the cooperative agreements threatens to cause significant economic damage to California and beyond, and violates the Administrative Procedure Act as arbitrary and capricious and an abuse of discretion. They seek declaratory and injunctive relief setting aside the termination.

Dec. 23, 2025: California High-Speed Rail Authority dropped its lawsuit against the administration for its termination of grant funding, instead opting to seek funding from private investors for its high-speed rail project.

State of New York v. U.S. Department of Justice (D.R.I.)

1:25-cv-00345

Complaint 2025-07-21


Amended Complaint 2025-08-15


Second Amended Complaint 2025-09-23


Third Amended Complaint 2025-12-4

2025-07-21State A.G. PlaintiffsGovernment Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-11

On July 21, 20 states and the District of Columbia filed a complaint against the U.S. Departments of Justice, Health and Human Services, Education, and Labor and their Secretaries in their official capacities. Plaintiffs allege that for nearly three decades the federal government interpreted the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) to require immigration‑status verification only for certain means‑tested programs, while allowing access regardless of status to community services such as soup kitchens, Head Start, shelters, and substance‑abuse treatment. They contend that, pursuant to President Trump’s 2025 Executive Order 14218, the agencies recently reversed these interpretations through July 2025 notices that revoke life‑and‑safety exemptions, newly classify thirteen HHS programs and multiple education and workforce‑training programs as “Federal public benefits,” and impose immediate verification obligations on States and subgrantees. Plaintiffs assert four causes of action: (1) APA procedural violations, because the HHS, ED, and DOL notices are substantive rules adopted without required notice‑and‑comment despite major economic effects; (2) APA arbitrary‑and‑capricious violations, for lack of a reasoned explanation and failure to consider reliance interests and public‑health consequences; (3) APA “contrary to law” violations, alleging the agencies’ interpretations conflict with PRWORA’s text and limits on covered benefits; and (4) Spending Clause violations, alleging the notices impose unforeseeable, coercive new conditions on existing federal funds. Plaintiffs seek declaratory judgments, vacatur and stays of the notices, injunctive relief barring their implementation in plaintiff States, attorneys’ fees, and other appropriate relief. The plaintiffs filed a motion for preliminary injunction on the same day, which the court granted.

Update 1: On Aug. 15, Plaintiffs filed an amended complaint.

Update 2: On September 10, Judge McElroy granted a preliminary injunction to 20 states and the District of Columbia, blocking the enforcement of four agency notices that required states to verify a person’s lawful immigration status before receiving access to certain federal programs pursuant to Executive Order 14218. The court held that the notices likely violated the Administrative Procedure Act, the Spending Clause, and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).

Update 3: On September 23, Plaintiff filed a second amended complaint.

Update 4: On November 7, Defendants appealed the order granting Plaintiff’s motion for preliminary injunction.

Update 5: On December 4, Plaintiff filed a third amended complaint.

Update 7: On Dec. 11, the First Circuit dismissed Defendant’s appeal of the preliminary injunction pursuant to the parties’ joint stipulation to dismiss, and the mandate issued the same day.

Anchorage School District v. U.S. Department of Education (D.R.I.)

1:25-cv-00347

Complaint

2025-07-21Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-08-04

On June 30, 2025, the U.S. Department of Education announced it would delay the disbursement of nearly $7 billion in federal education funding under the Elementary and Secondary Education Act, despite the funding being required by law to be distributed to states on July 1, on the basis that it required time to review whether the funds aligned with the President’s priorities. A coalition of school districts, teachers’ unions, and nonprofit organizations filed suit on July 21, contending that the delay in funding will disrupt school budgets and planning, threaten staffing, programming and student services, and create uncertainty for educators and families. Plaintiffs allege that the Department’s delay violates the Administrative Procedure Act as arbitrary and capricious, in excess of statutory authority and contrary to law, and breaches the Separation of Powers by overriding clear Congressional mandates, and seek a court order compelling immediate release of the funds and declaratory relief.

Update 1: On July 25, the administration reportedly announced it is releasing the relevant school funding it previously withheld on June 30. According to the administration, “OMB has completed its review of Title I-C, Title II-A, Title III-A, and Title IV-A ESEA funds and Title II WIOA funds, and has directed the Department to release all formula funds."

Update 2: On August 4th, Plaintiffs gave notice of the withdrawal of their motion for a preliminary injunction because the Defendants had released the frozen funds at issue.

State of Washington v. U.S. Department of Homeland Security (W.D. Wash.)

2:25-cv-01401

Complaint


2025-07-25State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-22

Over the course of the spring of 2025, the Department of Homeland Security and the Federal Emergency Management Agency zeroed out and terminated the Shelter and Services Program (SSP), a grant program established by Congress that allows states to provide essential services to noncitizen migrants after they are processed by DHS. As part of this policy, a $4 million grant awarded to Washington State was revoked. On July 25, Washington filed a complaint challenging the administration’s termination, naming DHS, Secretary Kristi Noem, FEMA, and Senior Official David Richardson as defendants. Washington alleges that the termination of SSP funds has left the state with a $4 million funding gap, disrupting critical services for thousands of newly arrived migrants, including shelter, food, medical care, and hygiene support. Plaintiffs allege that the termination violates the Separation of Powers, the Spending Clause, the Administrative Procedure Act on several counts, and that the termination was ultra vires. They seek declaratory and injunctive relief to reverse the termination of the grants, restore funding and stop future executive interference with the grants.

Update 1: On Sept. 22, petitioners filed an amended complaint.

Planned Parenthood of Greater New York v. U.S. Department of Health and Human Services (D.D.C.)

1:25-cv-02453

Complaint

2025-07-29Government Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-07

On July 2, 2025, the U.S. Department of Health and Human Services issued a new policy mandate for the Teen Pregnancy Prevention (TPP) Program. The mandate imposed new requirements on grantees, including mandatory alignment with all current Presidential Executive Orders including content restrictions. In response, Planned Parenthood affiliates filed a complaint on July 29 challenging the mandate. Plaintiffs allege that the new program mandate forces them to choose between compromising their missions or lose critical funding, threatens the viability of their programs and staff employment, and jeopardizes services to vulnerable populations. The complaint asserts violations of the Fifth and First Amendments, the Administrative Procedure Act, and ultra vires action. Plaintiffs seek declaratory and injunctive relief to block enforcement of the program mandate, preserve their funding and allow continued operation of their TPP program without the new restrictions.

July 31, 2025: Judge Beryl Howell denied the Plaintiff’s emergency motion for a temporary restraining order on the basis that the new program mandate has not been enforced against the plaintiffs and is not self-effectuating. While there is a risk that enforcement may occur in the future, that risk is too speculative to require a TRO.

Oct. 7, 2025: The district court issued an opinion and order granting Plaintiffs’ motion for summary judgment, denying Defendants’ motion to dismiss, and entering judgment the same day in Plaintiffs’ favor. Summary judgment was granted on Count IV of Plaintiffs’ complaint, which challenged the July 1, 2025 OASH Teen Pregnancy Prevention Program Policy Notice (TPP Policy Notice) as arbitrary and capricious under the APA, 5 U.S.C. § 706(2)(A). The court vacated the TPP Policy Notice, enjoined its application by Defendants, and directed the Clerk to close the case.

Oregon Council for the Humanities v. United States DOGE Service (D. Or.)

3:25-cv-00829

Complaint

2025-05-15Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-02

Following President Trump’s 2025 executive orders, the newly created United States DOGE Service directed the National Endowment for the Humanities (NEH) to terminate nearly all grants issued under the prior administration, dismantle its Federal/State Partnership Office, and halt funding to state and jurisdictional humanities councils, despite Congressional appropriations mandating such support. Two nonprofit organizations representing and supporting state and jurisdictional humanities councils across the United States filed suit on May 15, 2025 challenging the terminations, alleging that the abrupt termination of grants and dismantling of NEH operations have caused widespread program cancellations, staff layoffs, financial instability, and risk of permanent closure for several humanities councils, while undermining the statutory mission of NEH and harming communities nationwide. The complaint asserts violations of the Administrative Procedure Act (APA) for unlawful withholding, arbitrary and capricious conduct, and actions contrary to law and statute; constitutional violations of Separation of Powers and the Take Care Clause; and ultra vires actions by DOGE, which lacks congressional authorization. Plaintiffs seek declaratory and injunctive relief to restore NEH grant funding and operations, reinstate terminated grants, compel lawful agency conduct, and prevent further unconstitutional interference with congressionally mandated humanities programs.

Update 1: On June 11, Plaintiffs filed an amended complaint. The amended complaint adds more detailed allegations about the NEH’s internal processes and includes new factual developments, such as NEH’s May 2025 Congressional Justification indicating plans to shut down the agency and the June partial rescission of grant terminations. A new cause of action was added under the Impoundment Control Act and the Appropriations Act alleging ultra vires conduct, and the Separation of Powers claim has been expanded to include violations of the Appropriations Clause, Spending Clause and Take Care Clause. Finally, the amended complaint requests vacatur of both the termination and rescission decisions, and seeks broader injunctive relief including restoration of full funding and reinstatement of NEH’s Federal/State Partnership office.

Update 2: On August 6, Judge Simon granted a preliminary injunction, blocking the administration from terminating the plaintiffs’ federal grants and prohibiting the administration from spending the appropriated money elsewhere. The court found that the administration likely violated the separation of powers and the Administrative Procedure Act, emphasizing that “[t]he United States Constitution exclusively grants the power of the purse to Congress, not the President.”

Update 3: On Sept. 2, Defendants filed their answer to the complaint.

State of Washington v. United States Department of Commerce (W.D. Wash.)

2:25-cv-01507

Complaint

2025-08-08State A.G. PlaintiffsGovernment Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-30

Following a series of executive orders issued in early 2025, the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration (NOAA) terminated two federal climate resilience awards to Washington State, citing a shift in agency priorities aligned with the Trump Administration’s new directives. In response, the State of Washington filed a complaint alleging that the termination of the “Equitable Framework for Coastal Resilience” and “Tribal Stewards” awards disrupted critical climate resilience initiatives, eliminated jobs, undermined tribal partnerships, and wasted substantial state investments. The State further asserts that the abrupt cancellation of funding impairs the state’s ability to support vulnerable communities and implement its Climate Resilience Strategy., and alleges the administration’s termination has violated the Spending Clause, Separation of Powers, Appointment Clause, and the Administrative Procedure Act as not in accordance with law or procedure and arbitrary and capricious. The Plaintiff State seeks to vacate the termination and reinstate the award, as well as the prevention of future terminations unless conducted in accordance with applicable law and the original award terms.

Update 1: On Oct. 22, the court granted Plaintiffs’ motion for a preliminary injunction.

Update 2: On Oct. 30, Defendants filed a notice of appeal to the Ninth Circuit (No. 25-6881).

State of New Jersey v. United States Department of Justice (D.R.I.)

1:25-cv-00404

Complaint

2025-08-18State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-03

Pursuant to the Victims of Crime Act (VOCA) enacted by Congress in 1984, states have regularly received substantial grants to provide resources and services to victims and survivors of crime, allocated according to both fixed statutory formulas and to a competitive process. Congress specified the criteria for determining the eligibility of a victim assistance program to receive the funds, which make no reference to civil immigration policy. Many of these states have also enacted laws or policies to govern state and local engagement with immigration efforts, including policies designed to ensure that an immigrant can come forward to state and local law enforcement agencies when they have been victims or witnesses to a crime, without fear that this will lead to their deportation.

On Jan. 20, 2025 Trump issued Executive Order (EO) 14159 titled “Protecting the American People Against Invasion”, which mandated that “so-called ‘sanctuary’ jurisdictions … do not receive access to Federal funds”. Subsequently, the Office for Victims of Crime (OVC) , the program office within DOJ responsible for administering VOCA grants, implemented a policy of refusing to allow grant recipients to use any awarded funds for victim compensation and assistance unless they agree to assist federal immigration enforcement by the Department of Homeland Security (DHS). On Jul. 21 OVC specified new immigration-related conditions for the issuance of future funding, dictating that all programs or activities must give notice and full access to DHS agents and that funds can be denied if the program is directly or indirectly “imped[ing] or hinder[ing] enforcement of federal immigration law” in any other way.

The Plaintiff States filed suit on August 18, alleging that the new conditions are unlawful and will cause significant harm to their efforts to help vulnerable crime victims and their families. They contend that the imposition of the conditions are in violation of the Administrative Procedure Act (APA) as agency action in excess of statutory authority, contrary to law and constitutional right, and arbitrary and capricious, and also allege the conditions violate Separation of Powers, the Spending Clause and are ultra vires. The Plaintiffs ask the court to declare that the immigration enforcement conditions are unlawful, to vacate the OVC’s adoption of the conditions, and to preliminary and permanently enjoin their implementation or enforcement.

Update 1: On October 3, the Department of Justice reportedly backed away from imposing new immigration-related conditions on Victims of Crime Act grants, following a multistate lawsuit led by New Jersey and joined by 20 others. State attorneys general had argued the conditions violated the Spending Clause and the Administrative Procedure Act, and were rooted in Executive Order 14159, which sought to bar “so-called ‘sanctuary’ jurisdictions” from federal funding.

Woodmere Art Museum v. Trump (E.D. Pa.)

2:25-cv-04887

Complaint

2025-08-26Case ClosedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-05

On August 26, 2025, the Woodmere Art Museum in Pennsylvania filed a complaint challenging the administration’s termination of its federal grant by the Institute of Museum and Library Services (IMLS) following the announced dismantling of the entire agency. The museum had been awarded a $750,000 grant in 2024 under the Save America’s Treasures Historic Preservation Fund (SAT), a competitive grant administered by the National Park Service and the IMLS, after a determination that the museum’s collection was “nationally significant.” The grant allowed the museum to take on a conservation project set to be finished in time for the America 250 celebration in 2026 and would have been available to the museum from October 2024 through September 2026. The museum alleges that the grant termination violates the Administrative Procedure Act as arbitrary and capricious and abuse of discretion, the Appropriations Clause, the Take Care Clause, and Separation of Powers.

Sept. 5, 2025: Plaintiffs moved to voluntarily dismiss the case.

Fairfax County School Board v. McMahon (E.D. Va.)

1:25-cv-01432

Complaint

2025-09-02Government Action Not Blocked Pending AppealGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-01

On Sept. 2, 2025, Plaintiff, Fairfax County School Board (FCSB), which operates Fairfax County Public Schools (FCPS), brought this action against Linda McMahon, in her official capacity as Secretary of Education, and the U.S. Department of Education (ED). FCSB alleges that the ED arbitrarily and unlawfully placed FCPS on “high-risk status” and restricted its access to approximately $167 million in annual federal education funds to a reimbursement-only basis, due to FCPS’s policy allowing students to access restrooms and locker rooms aligning with gender identity. The ED asserts this policy violates Title IX, but FCSB argues it is mandated by controlling Fourth Circuit precedent, specifically Grimm v. Gloucester County School Board, and required by Virginia state law. FCSB further alleges that the ED’s actions—taken shortly after the Fourth Circuit reaffirmed Grimm—violate the Administrative Procedure Act (APA) by being arbitrary, capricious, and contrary to law, and lack proper justification under relevant regulations and risk factors. Additional causes of action include violations of the Spending Clause, for imposing ambiguous and coercive funding conditions without clear notice, and acting ultra vires by exceeding statutory and constitutional authority. FCSB seeks vacatur of the ED’s designation and funding restrictions, declaratory judgments affirming the lawfulness of FCPS’s policy and the ongoing validity of the Grimm decision, prohibitions against further enforcement or funding freezes, and restoration of any withheld funds. The complaint emphasizes the irreparable and existential harm of lost federal funds affecting vulnerable student services, and the legal conflict forced upon FCPS between following binding judicial precedent and ED directives. Plaintiffs filed an emergency motion for preliminary injunction and/or TRO at the same time.

Sept. 5, 2025: The court denied Plaintiffs’ emergency motions for a preliminary injunction and/or TRO and dismissed the complaints without prejudice.

Sept. 9, 2025: The Fairfax County School Board filed a notice of appeal to the Fourth Circuit.

Oct. 1, 2025: The Fourth Circuit denied the appellant’s emergency motion for an injunction pending appeal.

State of New York v. United States Department of Justice (D.R.I.)

1:25-cv-00499

Complaint

2025-10-01State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-01

On August 18, 2025, the DOJ’s Office of Justice Programs (OJP) notified Plaintiff States of a new condition on grants administered by OJP restricting use of those funds to provide legal services to certain aliens, including those receiving services under the Victims of Crime Act (VOCA), Violence Against Women Act (VAWA), and the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG). On September 15, 2025, a revised condition was added to the DOJ Grant Financial Guide which disallowed using awarded funds to provide most legal services to “any removable alien” or “any alien otherwise unlawfully present in the United States. Funds could continue being used for orders of protection for victims of crime, services related to trafficking, obtaining T- or U-visas or “continued presence” status, and any other services expressly required by any law or judicial order governing an award. Plaintiffs States alleged the condition violates the Spending Clause because it is unconstitutionally retroactive and ambiguous. Plaintiffs additionally alleged that the condition violates the APA because it is arbitrary and capricious and contrary to law because existing VOCA and VAWA regulations state that eligibility for services “is not dependent on the victim’s immigration status.” Plaintiffs seek declaratory judgment, a stay, and preliminary and permanent injunctions against implementing the condition on grants in or against the Plaintiff States.

Rhode Island AFL-CIO et al. v. United States Environmental Protection Agency (D.R.I.)

1:25-cv-00510

Complaint

2025-10-06Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-06

[Coming soon - On October 6, a coalition of labor, nonprofit, and solar energy business plaintiffs filed a complaint against the Environmental Protection Agency, seeking to block its termination of the Solar for All program, which provided low-income households and disadvantaged communities access to solar technology. Plaintiffs argue that although Congress <a href="https://www.congress.gov/bill/119th-congress/house-bill">repealed parts of the Greenhouse Gas Reduction Fund, it only rescinded “unobligated balances,” leaving intact the $7 billion Solar For All grants that the EPA had already awarded.

Plaintiffs claim that by terminating the program, the administration violated the Presentment Clauses, Separation of Powers, and the Administrative Procedure Act.]

National Digital Inclusion Alliance v. Trump (D.D.C.)

1:25-cv-03606

Complaint

2025-10-07Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-04

[Coming soon - On October 7, the National Digital Inclusion Alliance, a digital equity focused non-profit organization, filed a complaint against the administration for its repeal of the Digital Equity Competitive Grant Program, which Congress established by the Digital Equity Act, 47 U.S.C. §§ 1721-1726, and which increases access to low-cost broadband and online devices for communities lacking reliable digital services. Plaintiffs allege the termination of the Digital Equity grant program violates the Separation of Powers, Spending Power, and the Administrative Procedure Act and seek injunctive and declaratory relief.]

Freedom Network, USA v. Trump (N.D. Ill.)

1:25-cv-12419

Complaint

2025-10-10Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-10

[Coming soon - On October 10, a national anti-human trafficking coalition filed a complaint challenging the administration’s restriction of funds to organizations conducting DEI-related work, as imposed under Executive Orders 14151 and 14173. Plaintiffs allege that the government’s conditions on funding violate the First Amendment’s protections for freedom of speech, the Fifth Amendment’s protections for due process, and the Spending Clause, arguing that only Congress may attach conditions or terminate congressionally appropriated funds under the Trafficking Victims Protection Act (TVPA). They seek declaratory judgment that the Executive Orders are unconstitutional and preliminary and permanent injunctions against their further implementation.]

City of Seattle v. Trump et al (W.D. Wash.)

2:25-cv-01435

Complaint

2025-07-31Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-31

The Trump administration issued two executive orders—Executive Order No. 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and No. 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which direct federal agencies to condition grants and contracts on compliance with prohibitions against diversity, equity, and inclusion and “gender ideology.” In response, the City of Seattle filed a complaint arguing that the orders interfere with congressionally authorized federal grants. Seattle alleges that the Orders jeopardize over $370 million in federal funding for critical infrastructure, housing, public safety, and health programs, as well as subjecting the City to coercive compliance requirements, budgetary uncertainty and potential liability under the False Claims Act. The City argues the orders violate the Spending Clause, Separation of Powers, Due Process, Tenth Amendment, and the Administrative Procedure Act, and seeks to enjoin their enforcement.

Update 1: On Oct. 31, Judge Rothstein granted Seattle’s Aug. 26 motion for a preliminary injunction, finding that the City is likely to succeed on its APA claims that the DEI and Gender Orders unconstitutionally exceed statutory authority and are arbitrary and capricious, and enjoined defendants from enforcing Section 3(b)(iv) of Executive Order 14173 and Section 3(g) of Executive Order 14168 against Seattle, ordering them to treat any past enforcement as null and void and to stop applying those conditions to the City’s grant agreements.

State of Illinois v. Federal Emergency Management Agency (D.R.I.)

1:25-cv-00206

Complaint

Amended Complaint 2025-07-02

2025-05-13State A.G. PlaintiffsGovernment Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-14

On Jan. 20, 2025, President Donald signed an executive order announcing that “so-called ‘sanctuary jurisdictions’” would no longer receive federal funds. The Department of Homeland Security (DHS) and Federal Emergency Management Agency (FEMA) subsequently announced a policy of withholding federal emergency funding to any state or local government entity that does not comply with the Trump administration’s immigration-enforcement policies. Plaintiffs, 20 state governments, sued, alleging that the action violates Constitutional protections for separation of powers and the Administrative Procedure Act. They seek declaratory judgment that the effort to condition funding is unconstitutional, an order vacating the government’s immigration-related conditions and any actions taken to implement them, and preliminary and permanent injunctions against further efforts to condition or terminate federal funding based on immigration policy.

Update 1: On May 19, Plaintiffs filed a motion for a preliminary injunction.

Update 2: On July 2, Plaintiffs filed an amended complaint (which did not include new claims) and motion for summary judgment.

Update 3: On July 23, Defendants moved for summary judgment as well.

Update 4: On September 24, Judge Smith granted summary judgment and a permanent injunction for 20 states and the District of Columbia, stopping DHS from enforcing immigration-related conditions to federal disaster grants and emergency management programs. The court ruled that the conditions are arbitrary and capricious under the Administrative Procedure Act, finding that DHS made no attempt to examine relevant data or articulate a reason for the conditions. The court also held the conditions unconstitutional under the Spending Clause, finding them to be overbroad, unrelated to the underlying disaster and emergency management programs, financially coercive, and lacking the clarity necessary for states to exercise their choice of participating in the programs knowingly.

Update 5: On October 14, District Court Judge Smith held that the administration violated the Sept. 24 permanent injunction barring the Department of Homeland Security from enforcing immigration-related conditions on federal disaster and emergency management funding. The administration’s award letters to the plaintiff states following the judge’s prior ruling said that if the injunction were invalidated, the immigration-related conditions would become effective immediately. Judge Smith found the administration’s inclusion of the contested conditions “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.” The court ordered the administration to amend the award documents by removing the immigration-related conditions, consistent with the Sept. 24 injunction.

The Board of Education of The City School District of The City of New York v. United States Department of Education (S.D.N.Y.)

1:25-cv-08547

Complaint

2025-10-15Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-15

On October 15, the New York City Board of Education filed suit against the Department of Education (DOE) challenging the federal government’s abrupt discontinuation of five-year Magnet Schools Assistance Program grants supporting nineteen NYC public schools. Plaintiff alleges that the DOE terminated approximately $47 million in promised funding based on a finding by the Department’s Office of Civil Rights that NYC’s “Guidelines to Support Transgender and Gender Expansive Students” violates 20 U.S.C § 1681 (Title IX). The Complaint calls the department’s finding “without notice, investigation, hearing, or opportunity to respond, and without a valid substantive basis.” Plaintiff argues that the Department acted arbitrarily and capriciously, in violation of Title IX procedures, the Administrative Procedure Act (APA), and federal grant regulations. Plaintiff seeks declaratory and injunctive relief vacating the discontinuation and restoring the magnet-school funding.

Housing Authority of the County of San Diego v. Turner (N.D. Cal.)

4:25-cv-08859

Complaint

2025-10-15Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-14

On October 15, a coalition of major local housing authorities—those of San Francisco, Los Angeles, San Diego, Baltimore, Salem, and Portland, among others—filed a complaint challenging the Department of Housing and Urban Development’s (“HUD”) newly introduced funding conditions, which require grantees to comply with a set of new terms or risk losing critical funds for 2026. The notice requires grant recipients to: 1) comply with Federal anti-discrimination laws, including laws prohibiting DEI programs; 2) certify that they will not use grant funding to facilitate or promote illegal immigration, or to shield immigrants from deportation; 3) comply with all immigration verification systems; 4) comply with the administration’s prohibition of “gender ideology”; and 5) not use grant funds for elective abortions. Plaintiffs allege that HUD unlawfully conditioned statutory housing subsidies on certifications not authorized by Congress and in contradiction to enacted statutes, violating the Constitution’s separation of powers, the Spending Clause, the Fifth Amendment’s void-for-vagueness doctrine, and the Administrative Procedure Act (APA) in being arbitrary and capricious and in excess of statutory authority. Plaintiffs seek declaratory and injunctive relief, asking the court to find the new conditions unlawful and to bar HUD from enforcing them.



Update 1: On Oct. 18, the court granted a temporary restraining order and on Nov. 14 the court granted a preliminary injunction.



Norman v. Trump (D. Md.)

1:25-cv-03414

Complaint

2025-10-16Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-15

On October 15, 2025, Pro Se Plaintiff filed suit for declaratory and injunctive relief against President Donald Trump, the Department of Government Efficiency (DOGE), and the National Science Foundation (NSF), among others. Plaintiff is a Principal Investigator of the NSF research grant proposals at issue in this case and the President and CEO of STEMLIFE, the lead institution in the grant proposal. The complaint alleges that Plaintiff’s grant proposal was initially recommended for funding following the standard NSF review process. However, the proposal was then returned unfunded by the NSF after DOGE officials became involved in the review process, flagging the proposal for containing words such as “diversity.” Plaintiff alleges that these facts constitute a violation of a federal court issued temporary restraining order (TRO) directing federal grant-making agencies to not pause, freeze, block, cancel, or terminate awards and obligations to provide federal aid on the basis of President Donald Trump’s executive orders. Plaintiff also alleges that the NSF’s failure to follow proper procedures in awarding the grant is a violation of the separation of powers, the First Amendment guarantee of free speech, the Fifth Amendment guarantee of due process, the Impoundment Control Act of 1974, statutes requiring agencies to fulfil congressionally defined missions, and is arbitrary and capricious under the Administrative Procedure Act (APA). The suit seeks the court to declare the NSF’s actions as unlawful and require that Defendants set aside the return of Plaintiff’s grant proposal. In addition, the suit requests injunctive relief to prohibit Defendants from giving effect to the return of proposals otherwise recommended for funding, to restore previously awarded grants and grant procedures employed prior to January 20, 2025.

Council for Opportunity in Education v. U.S. Department of Education (D.D.C.)

1:25-cv-03491

Complaint

2025-09-29Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-29

On September 29, the Council for Opportunity in Education brought suit for declaratory, injunctive, and mandamus relief against the U.S. Department of Education (DOE) and the U.S. Secretary of Education. The complaint states that the DOE has rejected applications for the federal Student Support Services (SSS) grant program, statutorily authorized under the Higher Education Act of 1965 (HEA) and administered by the DOE and its secretary. The SSS awards 5-year grants to postsecondary institutions to operate projects providing academic assistance and educational support services to low-income students, first-generation college students, and students with disabilities. The Complaint states that, at the time of awarding the new grants in 2025, the DOE rejected applications containing language that violated the Trump administration’s policies against diversity, equity, and inclusion. Plaintiff alleges that the DOE’s actions failed to adhere to the required statutory procedures, are Ultra Vires, in violation of core constitutional principles, and are in violation of the Administrative Procedure Act (APA). The suit seeks declaratory judgement that the DOE’s actions were ultra vires, contrary to law, and arbitrary and capricious; a writ of mandamus ordering and declaring that the DOE’s denial of the applications were in violation of the HEA, 20 U.S.C. §§ 1681–1688 (Title VI); and preliminary injunctions ordering the DOE to reconsider the applications and prohibiting the DOE from denying federal financial assistance to the affected programs without satisfying the appropriate procedural requirements.

Council for Opportunity in Education v. U.S. Department of Education (D.D.C.)

1:25-cv-03514

Complaint

2025-09-30Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-30

On September 30, the Council for Opportunity in Education brought suit for declaratory, injunctive, and mandamus relief against the U.S. Department of Education (DOE) and the U.S. Secretary of Education. The complaint alleges that the DOE elected to terminate numerous grants that were not scheduled to expire until 2026 or later in violation of the law. The programs at issue are the TRIO programs, encompassing eight grant programs designed to help disadvantaged students pursue a postsecondary education. Plaintiff claims that the discontinuation of the grants was in excess of statutory authority and contrary to law, in violation of the procedures required by law, in violation of the Administrative Procedures Act (APA), specifically 20 U.S.C. §§ 1681–1688 (Title VI) and 20 U.S.C § 1681 (Title IX) and the observance of required procedures, the applicable department regulations, and constitutional doctrines, including the Separation of Powers doctrine, the Delegation Doctrine, and the Take Care Clause. The suit seeks a court order and declaration, or in the alternative, a writ of mandamus, that the DOE’s actions are in excess of statutory authority and jurisdiction and contrary to law, are arbitrary and capricious, in violation of the procedures required by law, are in violation of constitutional doctrines, and constitute ultra vires actions. The suit also seeks, among other requests, a preliminary injunction directing the DOE to vacate its non-continuation of the TRIO programs, directing the DOE to reconsider its action on the TRIO programs, and prohibiting the DOE from denying federal financial assistance without satisfying the requirements of Title XI and Title IX.

Jones v. U.S. Department of Labor (D. Mass.)

1:25-cv-12653

Complaint

2025-09-18Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-09-18

Four individual plaintiffs filed a class-action lawsuit to stop the Trump administration for allegedly withholding funds from the U.S. Department of Labor’s Senior Community Service Employment Program (SCSEP). SCSEP provides employment opportunities and job training for older Americans seeking to return to the workforce. The lawsuit seeks to restore more than $300 million in grants to nationwide nonprofit organizations. Plaintiffs allege that the Department of Labor (DOL) has refused to release funds to the nonprofit organizations because it is reviewing how such funds are and should be released. Plaintiffs allege that the suspension of funds has forced SCSEP programs to shut down and furlough thousands of seniors nationwide. Plaintiffs further allege that these senior citizens lost their work experience, training, and paychecks, and that they are experiencing financial and psychological hardships. The complaint alleges that the Defendants’ actions are in violation of the Administrative Procedure Act (APA) for being in excess of statutory authority, arbitrary and capricious, and for agency action being unlawfully withheld or delayed. Plaintiffs are asking the court to certify their nationwide class, issue an injunction against the Office of Management and Budget and its Director, compelling OMB to make available to DOL all FY 2025 appropriations, in the amounts and at the times necessary to enable national grantees to continue their projects, and to obligate and expend their allocated funds.

Chicago v. Noem (N.D. Ill.)

1:25-cv-12765

Complaint

2025-10-20Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-21

Plaintiffs are a consortium of local metropolitan governments. On October 20, plaintiffs sued the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA). The complaint states that Congress has provided through DHS and FEMA federal funding to state and local governments for disaster preparedness and relief. Plaintiffs allege that the DHS has now adopted unlawful conditions that require adherence to certain executive orders including that grant recipients agree to not operate any DEI-related programs and agreement from grant recipients to comply with all issued and future executive orders (DHS Conditions). The suit claims the conditions are ambiguous, in violation of the separation of powers, the Spending Power, an Ultra Vires agency action, and in violation of the Administrative Procedure Act (APA) for being arbitrary and capricious. The suit requests declaratory judgment that Defendants’ adoption and application of the DHS Conditions are unlawful, and injunctive relief barring Defendants from applying or enforcing the DHS Conditions or any materially similar conditions in connection with Plaintiffs’ DHS grants.

Update 1: On Nov. 21, Judge Judge Manish S. Shah granted a preliminary injunction.

McKinleyville Union School District v. U.S. Department of Education (N.D. Cal.)

4:25-cv-09105

complaint

2025-10-22Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-29

On October 22, 2025 McKinleyville Union School District in Humboldt County, CA brought suit against the U.S. Department of Education (DOE) and the U.S. Secretary of Education, Linda McMahon challenging the decision to discontinue a five-year grant awarded in October 2024 under the School-Based Mental Health Services Grant Program (SBMH Grant Program). The SBMH Grant Program, authorized by the Elementary and Secondary Education Act of 1965 (ESEA), provides funding to state and local education agencies to increase the number of credentialed mental health providers for school-based mental health services in high-need schools. The complaint alleges that just four months into the grant period, DOE issued a Notice of Noncontinuation of Grant Award (Noncontinuation Decision) explaining that it would not continue funding beyond the first year because the grant “reflect[s] the prior Administration’s priorities . . . and conflict[s] with those of the current Administration[,]” including those related to “DEI” and “gender issues.” Plaintiff alleges that the DOE’s actions failed to adhere to its own regulations, which require that grant continuation decisions be based solely on grantee performance. Plaintiff further alleges that the Noncontinuation Decision violates the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment and is ultra vires in violation of the Spending Clause and Take Care Clause. Plaintiff seeks the following relief: (1) preliminary and permanent injunctions barring Defendants from discontinuing SBMH Grant Program funding for the approved budget years based on the reasoning in the Noncontinuation Decision, from implementing or enforcing new grant conditions based on DOE priorities not in effect when the grant was originally awarded, and requiring Defendants to make continuation decisions based solely on grantee performance; (2) an order declaring that Defendants’ actions are unlawful and that under 34 C.F.R. § 75.253(b), Defendants may only consider grantee performance in its grant continuation determinations and may not consider DOE priorities not in effect when the grant was originally awarded; and (3) an order setting aside the Noncontinuation Decision pursuant to 5 U.S.C. §§ 706(2)(A)-(C).

Nov. 20, 2025: Plaintiff filed a motion for a preliminary injunction.

Dec. 29, 2025: Judge Yvonne Gonzalez Rogers denied Plaintiff’s Nov. 20 preliminary injunction motion as duplicative because the United States District Court for the Western District of Washington granted plaintiff all of the substantive relief requested in the present action through its partial summary judgment order in State of Washington v. U.S. Dep’t of Education. This order required Defendants to comply with the terms of the order regarding funding by Dec. 31, 2025, which thereby negated the need for injunctive relief in the present matter.

Urban Justice Center-Safety Net Project v. Rollins (S.D.N.Y.)

1:25-cv-08869

Complaint

2025-10-27Case Closed/Dismissed in Favor of GovernmentGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-10-31

On October 27, 2025, the Urban Justice Center-Safety Net Project and Ms. Laeticia Miguel, a recipient of Supplemental Nutrition Assistance Program (SNAP) benefits living in New York City, brought suit and moved for a temporary restraining order (TRO) and a preliminary injunction (PI) against the U.S. Department of Agriculture (USDA) and the Secretary of Agriculture, Brooke Rollins. The complaint and emergency motion allege that on October 3, USDA issued a notice to prematurely terminate a federally-approved waiver of the SNAP work requirements for ABAWDs. The complaint and emergency motion explain that the SNAP program allows states to receive such waivers for areas with insufficient jobs, and New York’s waiver for 61 counties (including New York City) was approved through February 28, 2026. The complaint and emergency motion allege that this premature termination gives New York City only 30 days to implement the complex work requirements for more than 100,000 recipients and will cause thousands to lose food assistance. Plaintiffs allege that the USDA’s actions are not authorized by the SNAP Act, the text of New York’s ABAWD waiver, or the “One Big Beautiful Bill,” and that they are in violation of the Administrative Procedure Act (APA) as arbitrary and capricious and for failing to consider the administrative impossibility of compliance and harm to SNAP recipients. Plaintiffs seek certification of their proposed class defined as all New York City SNAP recipients who are classified as Able-Bodied Adults Without Dependents (ABAWD) pursuant to USDA regulations who will become subject to ABAWD work requirements effective November 2, 2025, as a result of USDA’s October 3 memorandum; a declaratory judgment that the USDA’s action violates the APA; and a temporary restraining order and preliminary and permanent injunction to stop Defendants from prematurely terminating New York’s ABAWD waiver before its February 28, 2026 expiration date.

Update 1: On Oct. 30, the court denied a motion for a temporary restraining order or preliminary injunction.

Update 2: On Oct. 31, Plaintiffs voluntarily dismissed the case

Commonwealth of Massachusetts v. United States Department of Agriculture (D. Mass.)

1:25-cv-13165

Complaint

2025-10-28State A.G. PlaintiffsGovernment Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-12

On October 28, 2025, 22 states and the District of Columbia, along with the governors of Kansas, Kentucky, and Pennsylvania, filed suit and moved for a temporary restraining order (TRO) against the U.S. Department of Agriculture (USDA); the Secretary of Agriculture, Brooke Rollins; the Office of Management and Budget (OMB); and OMB Director, Russell Vought. The complaint alleges that USDA directed states to withhold Supplemental Nutrition Assistance Program (SNAP) benefits and unlawfully suspended all November 2025 SNAP benefits despite possessing $6 billion in multi-year contingency funds specifically appropriated for SNAP and access to more than $23 billion funds pursuant to Section 32 of the Agricultural Adjustment Act. Plaintiffs allege that these actions would suspend SNAP benefits for approximately 42 million individuals nationwide, which would be the first time in the program’s history that benefits have been interrupted by a lapse in appropriations. Plaintiffs also allege that suspension will cause irreparable harm to recipients, increase administrative burdens and costs for states, put additional strain on state and local safety net programs, and negatively impact public health and welfare. Plaintiffs further allege that the directive and suspension are contrary to the Food and Nutrition Act of 2008 and violate the Administrative Procedure Act (APA) because they are contrary to law and arbitrary and capricious. Plaintiffs seek a declaratory judgment that both USDA’s directive to states and suspension of benefits are contrary to law, arbitrary and capricious, and an abuse of discretion; and a temporary restraining order and preliminary and permanent injunction to compel Defendants to furnish the appropriated SNAP benefits and prevent Defendants from implementing or enforcing the directive or suspension.






Update 1: On October 31, District Court Judge Talwani found that State Plaintiffs have standing and are likely to succeed on the merits of their claim that the administration’s suspension of Supplemental Nutrition Assistance Program (SNAP) benefits is contrary to law during the ongoing appropriations lapse. The motion for a temporary restraining order remains under advisement until Monday, Nov. 3, to allow the administration to advise the court on whether it would use contingency funds to authorize at least reduced SNAP benefits for November 2025.

Update 2: On November 10, Judge Indira Talwani granted in part Plaintiffs’ motion for a temporary restraining order staying a USDA memorandum directing states that had processed full SNAP payments for November to undo those actions. The court issued a memorandum opinion on Nov. 12.

City and County of San Francisco v. United States Department of Justice (N.D. Cal.)

3:25-cv-09277

Complaint

2025-10-28Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-04

On October 28, 2025, the City and County of San Francisco, County of Santa Clara, and the City of Tucson filed suit and moved for a temporary restraining order (TRO) and a preliminary injunction (PI) against the U.S. Department of Justice, Attorney General Pamela J. Bondi, the Office of Community-Oriented Policing Services (COPS), and Acting Director of COPS Cory D. Randolph alleging that the DOJ unlawfully imposed new conditions on its COPS Act grantees that violate the Constitution and the Administrative Procedure Act. Plaintiffs allege that DOJ unlawfully conditioned their grant funding on (1) certification that the grantee does not operate any program (including programs with components relating to diversity, equity, and inclusion (DEI)) in violation of applicable federal civil rights or antidiscrimination laws; (2) compliance with all current and future executive orders; (3) compliance with federal restrictions prohibiting the use of grant funds for various purposes that the administration does not support. These purposes include: directly or indirectly supporting educational institutions that require COVID-19 vaccination for in-person programming; promoting “gender ideology;” providing or advancing DEI, accessibility, or environmental justice programs, services or activities; or funding state and local governments and law enforcement agencies “that have failed to protect public monuments, memorials, and statues.” Plaintiffs challenge these conditions on the basis that they exceed DOJ’s statutory authority, violate Separation of Powers and Due Process, and are arbitrary and capricious under the APA. Plaintiffs seek declaratory and injunctive relief barring Defendants from enforcing these conditions and from retaliating against Plaintiffs for participating in this lawsuit.

Update 1: On November 4, 2025, Plaintiffs filed an amended complaint, adding the City of San Diego as a plaintiff.

Rhode Island State Council of Churches v. Rollins (D.R.I.)

1:25-cv-00569

Complaint

2025-10-30Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-04

On October 30, a coalition of cities, faith organizations, nonprofits, unions, and small businesses filed suit against the administration, challenging the suspension of SNAP benefits and the early termination of existing waivers of federal work requirements for SNAP recipients classified as Able-Bodied Adults Without Dependents (ABAWD). The suit alleges that the abrupt suspension violates the APA as unlawful and arbitrary and capricious. The complaint explains that in mid-October, USDA declared that “there will be no benefits issued November 1” and asserted that “the appropriation for regular benefits no longer exists,” even though previous administrations (including the first Trump administration) had indicated that contingency funds were available if SNAP funds lapse due to a government shutdown. Plaintiffs also allege that USDA issued a memorandum announcing that ABAWD benefits would be canceled effective Nov. 2, beyond what the “One Big Beautiful Bill Act” authorizes. Plaintiffs describe the situation as an “impending crisis” and argue that their harms are irreparable, stressing that cities, churches, and nonprofits will need to divert critical resources to support their residents who depend on SNAP benefits. They seek declaratory and injunctive relief requiring the release of contingency funds to pay November SNAP benefits and reinstatement of all existing ABAWD waivers.

Oct. 31, 2025: District Court Judge John McConnell, Jr. issued a temporary restraining order requiring the administration to distribute November Supplemental Nutrition Assistance Program (SNAP) benefits using contingency funds effective immediately, to report to the Court on Monday, Nov. 3 regarding the status of the distribution, and to honor any existing waivers.

Nov. 1, 2025: Judge McConnell, Jr. followed up on his oral ruling with a written order requiring the administration to make full SNAP payments no later than Monday, or alternatively, partial payments by the end of Wednesday. The order further enjoins the administration from terminating any waivers for able-bodied adults without dependents before the waivers expire.

Nov. 6, 2025: Judge McConnell, Jr. reportedly rebuked the Trump administration for defying his order to make full SNAP payments by Nov. 5, and ordered USDA to make full SNAP payments by Friday, Nov. 7. Defendants appealed the temporary restraining order to the First Circuit Court of Appeals on Nov. 6, 2025.

Nov. 10, 2025: The First Circuit Court of Appeals denied the government’s request for a stay of the District Court of Rhode Island’s temporary restraining order requiring the administration to provide full SNAP benefits for the month of November. Solicitor General John Sauer also wrote to the Supreme Court to confirm that the government would continue to seek a stay of court orders requiring disbursement of SNAP funding. On Nov. 7, Supreme Court Justice Ketanji Brown Jackson had released an order granting an administrative stay of the District Court’s order requiring disbursement of SNAP funds, pending resolution of the government’s appeal to the First Circuit Court of Appeals.

Dec. 2, 2025: Defendants moved to dismiss their appeal with the First Circuit.

Dec. 4, 2025: The First Circuit granted Defendants’ motion to dismiss their appeal.

State of Michigan v. Noem (D. Or.)

6:25-cv-02053

Complaint

2025-11-04State A.G. PlaintiffsGovernment Action BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-23

On Nov. 4, 2025, twelve states filed a complaint against the U.S. Department of Homeland Security and the Federal Emergency Management Agency (“FEMA”), and their senior officials, challenging FEMA’s hold on 2025 Emergency Management Performance Grant (EPMG) funds until each state certifies its population, excluding individuals removed under federal immigration laws and reducing the period of performance for those grants as well as Homeland Security Grant Program (HSGP) formula grants. Plaintiffs argue that the population certification hold on grant funding exceeds the agency’s statutory authority and is arbitrary and capricious under the Administrative Procedure Act (APA). Plaintiffs similarly argue that reducing the period of performance without explanation to one year is arbitrary and capricious under the APA. Plaintiffs seek to enjoin DHS and FEMA from enforcing the population certification hold and to restore the programs’ original performance periods of two-to-three years, which the agency had shortened to one year.

Dec. 23, 2025: Magistrate Judge Potter granted Plaintiff States’ motion for summary judgment and denied Defendants’ cross-motion for summary judgment, enjoining the administration from withholding the related FEMA grants.

City of Saint Paul v. Wright (D.D.C.)

1:25-cv-03899

Complaint

2025-11-10Case Closed in Favor of PlaintiffGovernment Grants, Loans, and AssistanceDenial of Federal Grants2026-01-12

[Coming soon - On November 10, a group of nonprofit environmental organizations and the City of Saint Paul, Minnesota sued the Department of Energy and the Office of Management and Budget for cancelling nearly $8 billion in federal renewable energy grants.]

Jan. 12, 2026: Judge Mehta vacated the DOE’s termination of seven grants, holding that termination primarily based on the awardees’ location in “blue states” violated the Fifth Amendment’s equal protection guarantee.

City of Chicago v. Department of Justice (N.D. Ill.)

1:25-cv-13863

Complaint

2025-11-12Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-12

On Nov. 12, 2025, the cities of Chicago, Illinois, and Saint Paul, Minnesota filed suit challenging as unlawful certain conditions in the Public Safety Partnership and Community Policing Act (“COPS Statute”) grants that required the cities to halt any diversity programs, agree to abide by all future executive orders, and to comply with 8 U.S.C. § 1373, a federal statute requiring state and local governments to share information with the federal government on sharing individual immigration and citizenship status. The Defendants are the U.S. Department of Justice (“DOJ”), Attorney General Pamela Bondi, the Office of Community Oriented Policing Services (“COPS”) (another federal agency), and Acting Director of COPS Cory Randolph. Plaintiffs argue these three imposed conditions are unauthorized by Congress, are ambiguous, and undermine the grants’ original purpose of improving community policing. Plaintiffs allege they are forced to either agree to unlawful conditions or forego funding critical to public safety. Plaintiffs claim the challenged conditions constitute a violation of separation of powers violation, an ultra vires violation, a Spending Clause violation, and a Tenth Amendment violation. Plaintiffs also argue the conditions are arbitrary and capricious under the Administrative Procedure Act. Plaintiffs request the court declare the challenged conditions unconstitutional and prevent Defendants from enforcing the conditions and retaliating against the Plaintiffs for bringing this lawsuit.

County of Santa Clara v. Noem (N.D. Cal.)

3:25-cv-08330

Complaint

2025-09-30Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-21

On April 18, 2025, the Department of Homeland Security (“DHS”) issued new Standard Terms and Conditions for Fiscal Year 2025, which imposed new conditions required for a range of grants administered by DHS and Federal Emergency Management Agency (“FEMA”). These conditions require grant recipients to comply with federal antidiscrimination laws (including those that ban DEI), to agree to cooperate with U.S. Immigration and Customs Enforcement (“ICE”) and other immigration enforcement activities, and to agree to comply with all executive orders President Trump has issued and might issue in the future. On Aug. 20, 2025, DHS and FEMA published the FEMA Preparedness Grants Manual, which repeats and implements these binding requirements on grantees of FEMA’s preparedness grant programs. DHS and FEMA have also adopted a requirement that prohibits any grantee that has been designated by the Trump Administration as a “Sanctuary Jurisdiction” from making financial obligations under grants and subgrants, and prohibits grantees from issuing subgrants or payments under subgrants to any other designated “Sanctuary Jurisdiction.” On Sep. 30, a collective of 29 cities and counties in Western states sued DHS, FEMA, and their respective head executives, challenging the imposition of these new conditions on disaster and terrorism-related funding that the cities and counties have received or expect to receive. Plaintiffs argue that these new conditions violate the separation of powers; violate the Constitution’s restrictions on Congress’ spending power; are ambiguous and lack a reasonable relationship to the grants at issue; require Plaintiffs and other grant recipients to violate constitutional rights; are arbitrary and capricious, contrary to the Constitution, and in excess of statutory authority, in violation of the Administrative Procedure Act. Plaintiffs request that the court declare that the new conditions and their implementation are unlawful, prevent the Defendants from imposing the conditions, and prevent the Defendants from retaliating against the Plaintiffs for this lawsuit.

Update 1: On Nov. 21, Judge Orrick granted plaintiffs’ motion for a preliminary injunction, temporarily preventing Defendants from withholding, freezing, or restricting grant funds based on the conditions requiring compliance with federal antidiscrimination laws and President Trump’s Executive Orders.

State of Washington v. United States Department of Housing and Urban Development (D.R.I.)

1:25-cv-00626

Complaint

2025-11-25State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-11-25

[Coming soon - On Nov. 25, a coalition of 21 states and the District of Columbia filed a complaint against the U.S. Department of Housing and Urban Development over its Fiscal Year 2025 Continuum of Care plan, alleging it unlawfully reverses policies aimed at reducing homelessness and imposes unlawful conditions on related grants.]

State of New York v. Rollins (D. Or.)

6:25-cv-02186

Complaint

2025-11-26State A.G. PlaintiffsGovernment Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-15

In July 2025, H.R.1 (the One Big Beautiful Bill Act) was enacted, narrowing the categories of non-citizens eligible for SNAP benefits and creating penalties for State errors in issuing payments to SNAP beneficiaries. On Oct. 31, 2025, the U.S. Department of Agriculture (“USDA”) issued guidance to states to limit eligibility for Supplemental Nutrition Assistance Program (“SNAP”) benefits for non-citizens, to implement H.R.1 (“Oct. 31 Guidance”). On that same day, the USDA also announced that on Nov. 1, 2025, the waiver period for State payment errors would end. A coalition of 21 states filed a lawsuit against USDA and Secretary of Agriculture Brooke Rollins, alleging that the agency’s Oct. 31 guidance unlawfully narrows SNAP eligibility for lawful permanent residents, and that USDA misapplied the 120-day exclusionary period for payment error rate calculations. Plaintiffs argue that USDA’s actions are arbitrary and capricious and contrary to law in a violation of the Administrative Procedure Act (“APA”), because: the Oct. 31 Guidance erroneously excludes refugees, asylum grantees, parolees, and other humanitarian immigrant groups from the categories of non-citizens who may become eligible for SNAP benefits when they adjust their status to permanent residents; and erroneously determined the 120-day waiver period allowed for calculation of States’ error rates in issuing payments to SNAP beneficiaries had ended. Plaintiffs request that the court issue an order that the Oct. 31 Guidance violates the APA, and both temporarily block and permanently prevent Defendants from implementing the Guidance.

Dec. 15, 2025: In a bench ruling, Judge Kasubhai granted Plaintiffs’ motion for a preliminary injunction, temporarily blocking the administration’s narrowing of SNAP eligibility for lawful permanent residents and extending the error-rate exclusion period for when states must begin complying with changes to SNAP to April 9, 2026.

National Alliance to End Homelessness v. United States Department of Housing and Urban Development (D.R.I.)

1:25-cv-00636

Complaint

2025-12-01Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-23

On Nov. 13, 2025, the Department of House and Urban Development (HUD) rescinded a two-year funding cycle (FY24-25 NOFO) for the Continuum of Care (CoC) program (which supports housing and other services for unhoused people) and replaced it with a new FY25 NOFO that delays funding until May 2026 at the earliest, including for programs that have grants expiring as early as January 2026. Plaintiffs are a coalition of national nonprofits, local governments, and service providers—including the National Alliance to End Homelessness, National Low Income Housing Coalition, Crossroads Rhode Island, Youth Pride, Inc., and several cities and counties. Key allegations include the capping of permanent housing funding at 30%, reductions in guaranteed renewal awards, imposition of conditions on applicants that reflect political priorities unrelated to homelessness, privileging punitive approaches over evidence-based housing solutions, and retroactive disqualification of ongoing projects. Plaintiffs allege HUD’s abrupt actions, rescinding promised renewals weeks before FY 2025 awards and imposing new eligibility conditions and procedural hurdles, violate the Administrative Procedure Act (APA) for exceeding statutory authority, arbitrary and capricious action, procedural violations, and contravene the Constitution’s separation of powers, Spending Clause, and First Amendment. They seek declaratory and injunctive relief to vacate the new NOFO, restore the original two-year application process, prohibit enforcement of the challenged conditions, and protect against retaliation.

Dec. 23, 2025: Judge McElroy granted Plaintiffs’ motion for preliminary relief, enjoining the rescission of the FY24–25 and FY25 NOFOs and related conditions, barring DHS from implementing or enforcing any replacement NOFOs for FY2025 CoC grants, and ordering preservation of the pre-rescission status quo.

State of California v. United States Department of Transportation (N.D. Cal.)

3:25-cv-10656

Complaint


2025-12-12State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-12

On March 1, 2025, President Donald Trump issued an Executive Order (EO) “Designating English as the Official Language of the United States." In response, Transportation Secretary Sean Duffy issued an order on May 20, 2025, requiring that commercial motor vehicle drivers who do not comply with the Federal Motor Carrier Safety Administration’s (FMCSA) English language proficiency requirements be placed out of service. On August 26, 2025, FMCSA served California with a Notice of Proposed Determination and Non-Conformity in which it alleges that California was not performing in accordance with its approved Commercial Vehicle Safety Plan (CVSP) and thus failed to meet the qualifying conditions for the Motor Carrier Safety Assistance Program (MCSAP), a federal grant program managed by FMCSA that provides financial assistance to States to reduce the number and severity of crashes as well as promote the safe transportation of passengers and hazardous materials. FMCSA’s notice alleged that California had failed to adopt a compatible law, regulation, standard, or order to implement the English language proficiency requirement. Despite California’s efforts to demonstrate that its laws and regulations were compatible with the federal laws and regulations, the FMCSA issued a Notice of Final Determination and Nonconformity, thereby terminating California's MCSAP grants worth over $33 million.

On December 12, 2025, the State of California sued the U.S. Department of Transportation (USDT), alleging that the FMCSA’s decision to terminate its MCSAP funding is unlawful and imperils the safety of all persons driving in California. The State also alleges that the termination threatens significant economic damage to the State and the nation. California alleges that the decision by the FMCSA was arbitrary and capricious, an abuse of discretion, and contrary to law, violating the Administrative Procedure Act (APA). California seeks a judicial declaration that the Defendant's decision to terminate the State's CVSPs was unlawful, a judgment setting aside the termination decision, and injunctive relief blocking the Defendants from re-obligating or transferring the grant funds to another recipient.

State of California v. United States Department of Transportation (W.D. Wash.)

2:25-cv-02574

Complaint

2025-12-16State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-16

[Coming soon]

On Dec. 16, 2025, a coalition of 17 Plaintiff States filed a complaint against the Department of Transportation for its suspension of two federal grant programs for electric vehicle charging infrastructure.

Climate Solutions v. U.S. Department of Transportation (W.D. Wash.)

2:25-cv-02578

Complaint

2025-12-16Plaintiff-side State AmicusAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-16

[Coming soon]

On Dec. 16, 2025, three climate non-profit organizations filed a complaint challenging the Department of Transportation’s suspension of a grant program for electric vehicle charging infrastructure.

Institute for Applied Ecology v. Burgum (D. Or.)

6:25-cv-02364

Complaint

2025-12-18State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-18

Plaintiffs allege that they are not-for-profit organizations that until recently received grants for environmental-protection work in the western United States, Defendants include the Department of the Interior (DOI), the Secretary of DOI, the Bureau of Land Management, the National Park Service, the U.S. Fish and Wildlife Service, and the U.S. Geological Survey. Plaintiffs allege the defendants terminated plaintiffs’ federal grants because plaintiffs’ organizations allegedly promote diversity, equity, and inclusion. Plaintiffs argue, therefore, that Interior’s actions violate the First Amendment to the United States Constitution, because plaintiffs’ statements on diversity, land acknowledgments, and use of certain words, are all protected speech. Plaintiffs further argue that defendants cannot discriminate against Plaintiffs’ viewpoints because they differ from the Administration’s stance on DEI or simply incorporate language the Administration disfavors. They further argue that this is especially true in this case, because plaintiffs’ speech is unrelated to any grant program activities, which all focus on scientific research and ecological restoration and conservation. Plaintiffs further argue that Defendants cannot impose unconstitutional conditions on Plaintiffs’ grant agreements or retaliate against grantees for their protected speech. Plaintiffs, therefore, primarily ask the court to declare that defendants’ notices of grant-termination violate the United Constitution’s First and Fifth Amendment protections of free speech and due process; preliminarily and permanently enjoin defendants from giving effect to the grant-terminations; restore such previously awarded grant agreements; and return to the grant procedures they employed prior to September 23, 2025, with extensions for any passed deadlines and the suspension of any grant close-out procedures initiated by the violative terminations.

American Academy of Pediatrics v. Department of Health and Human Services (D.D.C.)

1:25-cv-04505

Complaint

2025-12-24Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-01-11

In this lawsuit by the American Academy of Pediatrics (AAP), a non-profit organization of pediatric physicians. The defendants include the Department of Health and Human Services, HHS Secretary Robert F. Kennedy, Jr., and the Centers for Disease Control. Plaintiffs allege that the defendants have terminated a number of grants to AAP for because AAP has been and is a proponent of pediatric vaccinations and gender-affirming pediatric medical care. Plaintiffs further allege that the grants “...had been used for initiatives such as providing training and technical assistance to pediatricians in rural communities, the reduction of sudden unexpected infant death, the prevention of fetal alcohol spectrum disorders, and universal newborn hearing screenings…” and "largely have nothing to do” with AAP’s positions on pediatric vaccination and gender-affirming care for minors. Plaintiff alleges that it will suffer harm from the grant-terminations: “AAP does not have other sources of grant funding to replace the federal awards, and without the necessary funds it must immediately terminate its work on its dozens of programs that save children’s lives every day. Within a few weeks, AAP will have to begin laying off employees dedicated to this critically important work.” Plaintiff argues that “HHS’s actions are unconstitutional. The First Amendment does not permit HHS to retaliate against AAP for its viewpoints or for having filed a lawsuit against the federal government.” Plaintiff further argues that “HHS’s actions constitute de facto unconstitutional conditions on federal funding, in violation of the First Amendment and the Spending Clause of the U.S. Constitution. And they violate the Fifth Amendment’s equal protection guarantee and the Administrative Procedure Act.” Plaintiff primarily asks the court to declare that the terminations of AAP’s grants are unlawful; set aside the terminations of the grants: grant preliminary and permanent injunctive relief that will bar defendants from enforcing or effecting the terminations of AAP’s grants; grant preliminary and permanent injunctive relief barring Defendants from re-obligating funds used to support AAP’s terminated grants; and direct defendants to take all steps necessary to ensure that they disburse funds on AAP’s grants in the “customary” manner and schedules.

Jan. 11, 2026: The court granted Plaintiff’s motion for a preliminary injunction, finding that HHS likely terminated seven pediatric health grants in retaliation for AAP’s public advocacy on vaccines and gender-affirming care in violation of the First Amendment, ordering HHS to halt the terminations and resume funding.

Brighton Park Neighborhood Council v. McMahon (D.D.C.)

1:25-cv-04523

Complaint

2025-12-29Awaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-29

In this lawsuit, plaintiffs are a national teacher’s union and a not-for-profit organization in Chicago that alleges that it provides “...free and accessible programming at neighborhood public schools to meet the complex needs of children and adults in low-income families, such as workforce preparedness, education, and mental and physical health. Defendants are the Department of Education, its Secretary and other subordinate agencies of the Department. Plaintiffs allege that defendants discontinued “...19 different multi-year FSCS [Full-Service Community Schools] grants, mid-project. The Department had budgeted more than $60 million of FSCS appropriations to commit to these 19 grants in 2025, and on information and belief, the Department has not obligated those funds to other awards and does not plan to do so before the funds expire in two days, on December 31, 2025.” Defendants argue that the discontinuation of the grants for which there are lawfully obligation funds is unlawful. They further argue that “...the Department’s decision to break from its settled framework for issuing continuation awards, without adequate explanation or lawful basis, violates the Administrative Procedure Act and governing grant regulations. The Department’s letters discontinuing these awards were unlawfully based on newly articulated priorities and policy preferences that were never promulgated through notice-and-comment rulemaking. The Department also ignored regulations requiring that continuation awards be based on performance, failed to give continuation awards priority over new grants, and abandoned the Department’s longstanding representation that non-continuation is ‘extremely rare.’” Plaintiffs, therefore, primarily ask the court to “...declare unlawful, vacate and set aside Defendants’ decisions to change funding priorities and to not continue FSCS grants; and “...temporarily restrain and preliminarily and permanently enjoin Defendants from implementing or giving effect to Defendants’ decisions to change funding priorities and to not continue FSCS grants.”

State of Maryland v. United States Department of Education (D. Md.)

1:25-cv-04298

Complaint

2025-12-30State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2025-12-30

On Dec. 30, 2025, two states and the District of Columbia filed suit against the U.S. Department of Education (ED) and the U.S. Secretary of Education, Linda McMahon, challenging the decision to discontinue grants awarded under the Full-Service Community School (FSCS) grant programs. The FSCS grant programs provide funding to nonprofit organizations, local school districts, and universities to support the planning, implementation, and operation of full-service community schools, and make continuation awards after one year based on grantees’ performance. The complaint alleges that on Dec. 12, 2025, ED issued Notices of Non-continuation of Grant Award (Non-continuation Decisions) to FSCS grantees in each Plaintiff state stating that it would not continue funding beyond the first year based on a purported conflict with the current administration’s priorities. Plaintiffs allege that the ED’s actions violate the Administrative Procedure Act (APA) as the agency failed to adhere to its own continuation regulations, 34 C.F.R. 75.253, which require that grant continuation decisions be based on published priorities issued through notice and comment rulemaking and decided solely on grantee performance. They further allege a violation of the APA as arbitrary and capricious, particularly due to a violation of the “change-in-position doctrine”, as well as the Spending Clause. Plaintiffs seek preliminary and permanent injunctions barring the ED from discontinuing FSCS grant program funding for the approved budget years based on the reasoning in the Non-Continuation Decision and from implementing or enforcing new grant conditions based on ED priorities not in effect when the grants were originally awarded, and requiring the ED to make continuation decisions based solely on grantee performance.

State of New York v. Administration for Children and Families (S.D.N.Y.)

1:26-cv-00172

Complaint

2026-01-08State A.G. PlaintiffsGovernment Action Temporarily BlockedGovernment Grants, Loans, and AssistanceDenial of Federal Grants2026-01-09

Coming soon.

On Jan. 8, 2026, New York, California, Colorado, Illinois, and Minnesota filed suit against the administration for freezing $10 billion in federal funding for social services and child care programs for low-income families.

Jan. 9, 2026: The court granted Plaintiff States’ emergency motion for a TRO, blocking HHS’s Administration for Children and Families from implementing its funding freeze on the Child Care Development Fund, TANF, and Social Services Block Grants, ordering the agency to immediately lift all non-statutory restrictions on states’ ability to draw down those funds.

State of New York et al v. U.S. Department of Health and Human Services (D.R.I)

1:26-cv-00022

Complaint

2026-01-13State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceDenial of Federal Grants2026-01-13

On Jan. 20, 2025, President Trump issued Executive Order (EO) 14,168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” which declares that “[i]t is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” The EO directs federal agencies to “assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology,” as defined in the EO, and orders agencies to “take all necessary steps, as permitted by law, to end the Federal funding of gender ideology.” Pursuant to the EO, starting in May, 2025 the Department of Health and Human Services (HHS) and its sub-agencies informed States receiving federal funds for federal health, education, and research grants that as part of the Title IX certification process they were required to certify they are in compliance with the EO (the “Gender Conditions”). On Jan. 13, 2026, 12 states filed suit, alleging that the new guidance is vague, scientifically inaccurate and uncertain, potentially in conflict with Plaintiff States’ own civil rights laws, and violates the Administrative Procedures Act (APA) as action that is arbitrary and capricious as without observance of procedure, contrary to law, and in excess of the agency’s authority. They further allege violations of the Spending Clause and Separation of Powers by usurping Congress’s spending authority. They seek a declaration that the imposition of the Gender Conditions is unlawful and unconstitutional, and injunctive relief to vacate the new requirements and enjoin their implementation.

RFE/RL, Inc. v. Lake (D.D.C.)

1:25-cv-00799

Complaint


Amended Complaint

2025-04-14

2025-03-18Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-08-27

On Mar. 14, President Trump passed an Executive Order (EO) that eliminated non-mandatory functions and sections of seven federal agencies and required them to reduce mandatory functions and personnel to the legal minimum, with the agencies being the Federal Mediation and Conciliation Service, the United States Agency for Global Media (USAGM), the Woodrow Wilson International Center for Scholars in the Smithsonian Institution, the Institute of Museum and Library Services, the United States Interagency Council on Homelessness, the Community Development Financial Institutions Fund, and the Minority Business Development Agency. Plaintiff Radio Free Europe/Radio Liberty (“RFE/RL”) is a private, nonprofit news organization funded by congressionally appropriated funds distributed by USAGM. On Mar. 15, Kari Lake, a Senior Advisor to the Acting Chief Executive Officer of USAGM, purported to terminate RFE/RL’s grant agreement on the basis of the Mar. 14 EO. USAGM has informed RFE/RL that it will not disburse to RFE/RL its congressionally appropriated funds for Mar. 1, 2025, through Sep. 30, 2025. Defendants are USAGM, Kari Lake, and Victor Morales, Acting Chief Executive Officer of USAGM. Plaintiff requests that the court find USAGM’s impoundment of RFE/RL’s congressionally appropriated funds and termination of RFE/RL’s grant agreement to be unlawful, to obligate USAGM to disburse to RFE/RL the appropriations of ~$7.5 million covering Mar. 1-14, 2025, and ~$70 million covering Mar. 15-Sep. 30, 2025, and to issue a permanent injunction. Plaintiff’s counts include an alleged violation of the Administrative Procedure Act (for “arbitrary and capricious” action and action in violation of statutory non-discretionary duty); the Presentment, Spending, and Take Care Clauses; and the separation of powers.

Update 1: On Mar. 19, Plaintiff filed a motion requesting a TRO and preliminary injunction on the grounds of irreparable harm to Plaintiff’s operations, employee safety, and reputation, and the likelihood that Plaintiff will succeed on its Administrative Procedure Act and constitutional claims. On Mar. 21, the Government filed an opposition to Plaintiffs’ request for a TRO and preliminary injunction. On Mar. 23, Plaintiff filed a further reply in support of its request for a TRO and preliminary injunction.

Update 2: On Mar. 24, USAGM filed a motion stating that it is taking the administrative steps to disburse $7,464,559, the amount sought by Plaintiff for work completed during the period from Mar. 1-14, 2025.
Update 3: On Mar. 25, Judge Royce Lamberth granted a temporary restraining order.
Update 4: On Mar. 26, the Defendants’ submitted a Notice of Withdrawal of Grant Termination. The notice states, “Plaintiff has secured the primary relief—withdrawing the termination of its grant agreement—that it requested in the complaint. Now that Plaintiff has received that relief, Defendants’ position is that this matter is now moot.”
Update 5: On Mar. 28, Plaintiff submitted a response to Defendants’ Mar. 26 Notice, asserting the case is not moot in light of Defendants’ withdrawal of the termination of the grant agreement because Plaintiff’s complaint seeks the additional relief of the full disbursement of the grant funds that have yet to be addressed by Defendants. Plaintiff also reiterated their request that the Court grant its preliminary injunction motion.
Update 6: On Mar. 31, Plaintiff reaffirmed its request that the court enter a further TRO allowing Plaintiff to continue its operations without the requirement to “recover” and "promptly refund[] to USAGM” the funds spent in April because Defendants have yet to approve Plaintiff’s April 2025 financial plan.
Update 7: On Apr. 8, Judge Lamberth extended the TRO for an additional 14 days pending the presentation of a new grant agreement to RFE/RL and a status update on said grant agreement.
Update 8: On Apr. 9, Plaintiffs filed a motion for a further TRO “to immediately disburse to RFE/RL the amount of RFE/RL’s congressionally appropriate funds” for April 2025. In a memorandum supporting the motion, Plaintiffs assert that new grant conditions by Defendants are unlawful.
Update 9: On Apr. 10, Defendants filed a motion to dissolve the TRO, asserting that no party had requested the court’s extension and that new grant terms had rendered the TRO moot.
Update 10: On Apr. 11, Plaintiff filed a motion opposing Defendants’ motion to dissolve the TRO, both on the merits and because of Plaintiff’s motion for a new TRO.
Update 11: On Apr. 13, Defendants filed a reply supporting their motion to dissolve the TRO.
Update 12: On Apr. 14, Plaintiff filed an amended complaint adding additional delta and two additional claims for relief, alleging violations of the APA, for unlawfully withheld agency actions and that USAGM’s onerous grant conditions are arbitrary and capricious and unreasonable on their face.
Update 13: On Apr. 22, Plaintiff filed a motion for a preliminary injunction, requesting that the Court order Defendants to take all steps necessary to ensure USAGM is party to a grant agreement with Plaintiff that does not contain unlawful, unreasonable, or unworkable conditions and that provides all funds congressionally appropriated for Plaintiff through Sept. 30, 2025. Defendants opposed this motion on Apr. 25 and noted Plaintiffs’ request is out of the court’s jurisdiction because the parties are currently negotiating a new grant agreement. Plaintiff replied to Defendants’ opposition on Apr. 27 and urged the court to grant the preliminary injunction.
Update 14: On Apr. 29, Judge Lamberth granted Plaintiff’s Apr. 9 motion for a TRO. Judge Lamberth’s order requires Defendants to immediately disburse Plaintiff’s April funding totalling $12,178,590.
Update 15: On May 1, Defendants appealed Judge Lamberth’s Apr. 29 TRO order to the D.C. Circuit.
Update 16: On May 1, the D.C. Circuit imposed an administrative stay.

Note: On May 3, the D.C. Circuit issued a stay for the group of consolidated cases included in the May 1 order. But the May 3 order did not include RFE/RL, Inc. v. Lake. The D.C. Circuit stated, “The government has filed a separate motion to stay that order, which we do not resolve here.”

Update 17: On May 4, the Plaintiffs filed an emergency appeal for an en banc stay of the panel’s order.

Update 18: On May 7, the D.C. Circuit en banc administratively stayed the panel’s order, restoring the district court’s order.

Update 19: On May 22, the government filed a motion to voluntarily dismiss its appeal in the D.C. Circuit

Update 20: On May 30, the district court granted a temporary restraining order requiring the government to immediately disburse $12,174,979 to cover RFE/RL’s expenditures for the month of May 2025.

Update 21: On July 1, the court granted another temporary restraining order requiring the immediate disbursement of $13,354,723 for the month of June 2025. On the same day, the D.C. Circuit granted the government's motion to dismiss its appeal, denied the government’s requests for en banc review and vacatur of the appellate court’s May 7 order granting an administrative stay, and dissolved its May 7 administrative stay.

Update 22: On July 18, Judge Lamberth granted a preliminary injunction, ordering the administration to disburse Fiscal Year 2025 grant funds to Radio Free Europe/Radio Liberty (RFE/RL). However, Judge Lamberth declined to order a payout for the grants that are appropriated in subsequent years. The court found that the administration’s action to terminate and renegotiate grant with RFE/RL after Executive Order 14238 is “final, arbitrary and capricious agency actions.” However, noting that there is “no reasoning from [the administration] to explain its new negotiating position,” the court noted it is not ready to make a further determination for future years.

Update 23: On July 21, RFE/RL notified the Court that it was withdrawing its TRO motion for July funds.

Update 24: On Aug. 27, the D.C. Circuit issued its final mandate implementing its July 1 order.

Open Technology Fund v. Kari Lake (D.D.C.)

1:25-cv-00840

Complaint

2025-03-20Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-11-25

On Mar. 14, President Donald Trump signed an Executive Order that eliminated non-mandatory functions and sections of seven federal agencies, including the United States Agency for Global Media (USAGM), and required them to reduce mandatory functions and personnel to the legal minimum. Plaintiff is Open Technology Fund (OTF), a non-profit organization with the goal of advancing global internet freedom that is funded by Congress with grants distributed through USAGM. On Mar. 15, Kari Lake, a Senior Advisor to the Acting Chief Executive Officer of USAGM, purported to terminate OTF’s grant agreement on the basis of the Mar. 14 EO. OTF has sued USAGM, the Office of Management and Budget, Victor Morales (Acting Chief Executive Officer of USAGM), and Kari Lake (senior advisor to Lake) alleging this grant termination was unlawful under the constitution, the Administrative Procedure Act and other laws. Plaintiff asked the court to declare the grant termination unlawful and requested an emergency temporary restraining order and preliminary injunction on withholding of these funds while the case proceeds, as well as a permanent injunction.

Update 1: On Mar. 20, Plaintiff filed a motion requesting a TRO to prevent withholding of funds on the grounds of irreparable harm to Plaintiff’s operations and the likelihood that Plaintiff will succeed on its Administrative Procedure Act and constitutional claims.

Update 2: On Mar. 24, Defendants filed a motion in opposition to the TRO request, arguing that the Plaintiff failed to show jurisdiction and likelihood of irreparable harm.

Update 3: On Mar. 26, Plaintiff filed a response opposing Defendants’ motion in opposition of a TRO, again arguing that it will suffer irreparable harm and public interest favors granting the TRO.

Update 4: On Apr. 3, Plaintiff filed a notice of withdrawal of its motion for a TRO because Defendants have withdrawn the prior termination of the grant agreements. Plaintiff noted no emergency relief from the Court is required at this time, but requested they be allowed to seek additional relief in a future motion if necessary.

Update 5: On Apr. 29, Plaintiff filed a motion for a preliminary injunction requesting the Court order Defendants to halt their allegedly unlawful efforts to terminate, impound, interfere, or otherwise prevent Plaintiff from obtaining its congressionally appropriated funds.

Update 6: On May 7, Defendants filed an opposition to Plaintiff’s motion for a preliminary injunction, claiming that the Plaintiff cannot show a likelihood of success on the merits, has made no showing of cognizable irreparable harm, and the balance of equities and the public interest goes against the Plaintiff’s request.

Update 7: On May 15, the Plaintiffs filed a reply in support of their motion for preliminary injunction, claiming that the Court has jurisdiction, the Plaintiffs are likely to suffer irreparable harm without immediate relief, and the balance of equities and public interest favor granting the preliminary injunction.

Update 8: On June 20, Judge Royce Lamberth granted Plaintiffs’ preliminary injunction motion, thereby enjoining defendants from withholding congressionally appropriated funds under the grant agreement for Fiscal Year 2024 between USAGM and OTF.

Update 9: On Nov. 25, the court granted a subsequent preliminary injunction.

Widakuswara v. Kari Lake (D.D.C.)

1:25-cv-01015

Complaint

2025-03-21Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-09-29

On March 14, 2025, President Trump signed an Executive Order (EO) that eliminated non-mandatory functions and sections of seven federal agencies, including the U.S. Agency for Global Media (USAGM), and required them to reduce mandatory functions and personnel to the legal minimum. Voice of America (VOA) is a government-funded media outlet under the USAGM. VOA journalists, a director at USAGM, Reporters without Borders, and numerous unions representing federal employees, journalists, and foreign service workers brought a suit against Kari Lake, Senior Advisor to the Acting CEO of USAGM, Victor Morales, Acting CEO of USAGM, and USAGM for the dismantling of USAGM. The Plaintiffs argue that the government’s conduct violates the First Amendment, the Administrative Procedure Act (as “arbitrary and capricious” action, not in accordance with law, and unreasonably withholding agency action), the Statutory Firewall law, and the Appointments Clause. Plaintiffs seek declaratory relief and a preliminary and permanent injunction to return USAGM and its employees, contractors, and grantees to their prior status and to restore all programming and grant funding.

March 24, 2025: Plaintiffs filed a motion requesting a TRO and a preliminary injunction, on the basis that Plaintiffs will suffer irreparable harm and are likely to succeed on their Administrative Procedure Act, separation of powers, and constitutional claims.

March 25, 2025: Plaintiffs renewed their request for an immediate TRO in response to statements by Defendant Lake indicating an intent to proceed with the dismantling of VOA.

March 26, 2025: Plaintiffs reiterated their request for emergency relief in response to notice of USAGM’s intent to terminate multiple broadcasting positions. On that same day, Defendants requested the case be transferred to the U.S. District Court for the District of Columbia.

March 27, 2025: Defendants filed a memorandum in opposition to Plaintiffs’ motion for a TRO, claiming that the Plaintiffs have not demonstrated irreparable harm nor established that they are likely to succeed on the merits of their First Amendment claims.

March 28, 2025: Judge J. Paul Oetken granted a temporary restraining order.

April 4, 2025: Judge Oetken granted Defendants’ motion to transfer the case to the U.S. District Court for the District of Columbia.

April 8, 2025: Defendants moved to dissolve the TRO in light of the Supreme Court’s decision to stay a TRO in Dep’t of Education v. California.

April 14, 2025: Defendants filed an opposition to Plaintiffs’ motion for a preliminary injunction. On that same day, Plaintiffs’ filed their opposition to Defendants’ motion to dissolve the TRO and emphasized that the court has jurisdiction over this lawsuit.

April 16, 2025: Plaintiffs filed a reply in support of their motion for a preliminary injunction. On that same day, Defendants filed their reply to Plaintiffs’ opposition to the motion to dissolve the TRO.

April 18, 2025: Judge Royce Lamberth extended the TRO issued by Judge Oetken on March 28 through April 22, 2025.

April 22, 2025: Judge Lamberth issued an order that granted in part and denied in part Plaintiffs’ motion for a preliminary injunction. The memorandum opinion explains the court ordered Defendants to take all necessary steps to return USAGM employees and contractors to their status prior to the EO, restore the grant funding to Radio Free Asia, and Middle East Broadcasting Networks, and restore VOA programming. The motion was denied to the extent it relates to RFE/RL and OTF.

April 24, 2025: Kari Lake appealed Judge Lamberth’s April 22 order to the Court of Appeals for the District of Columbia Circuit.

May 1, 2025: The D.C. Circuit imposed an administrative stay including in a set of consolidated cases, but for this case, the D.C. Circuit did not stay the district court’s preliminary injunction with respect to ordering the administration to reinstate staff at Voice of America and resume the media outlet’s news programming.

May 3, 2025: The D.C. Circuit, in a 2-1 decision, granted a stay. The majority held that (1) the district court lacked jurisdiction over agency employment decisions, which should have been brought to administrative bodies for adjudication; (2) the district court lacked jurisdiction over contract disputes, which should have been brought in the Court of Federal Claims (citing the U.S. Supreme Court’s recent decision in Department of Education v. California, 145 S. Ct. 966 (2025); and that the government, not the Plaintiffs, would suffer irreparable harm absent a stay. The court left in place the specific part of the district court's preliminary injunction requiring the resumption of VOA’s statutorily required programming levels, which the government had not appealed.

May 5, 2025: The Plaintiffs petitioned the full D.C. Circuit for an en banc review of the panel’s May 3 decision.

May 7, 2025: The D.C. Circuit en banc stayed the panel’s May 3 order, but not on matters involving VOA. The D.C. Circuit en banc stayed the panel’s order on the Global Media entities, restoring the district courts’ orders across those cases, except for provision (1) on VOA staffing. The D.C. Circuit en banc restored Provision 2 of the district court order, which relates to grantees Networks Radio Free Asia and Middle East Broadcasting Networks. Provision 3 - on the statutory mandate that VOA "serve as a consistently reliable and authoritative source of news" - was not appealed by the government.

May 22, 2025: The D.C. Circuit en banc declined to reconsider the panel’s May 3 decision to stay provision (1) of the district court order, which would have required the administration to reinstate VOA staff.

July 30, 2025: Judge Lamberth ordered the administration to explain how it plans to restore Voice of America’s operations by Aug. 13. The court also found that the administration provided “misleading and contradictory information” and appears “to be violating numerous statutory provisions.” “Without more explanation, the court is left to conclude that the defendants are simply trying to run out the clock on the fiscal year, without putting the money Congress appropriated toward the purposes Congress intended,” the judge wrote in the order.

Sept. 29, 2025: The court deferred ruling on the Plaintiff’s “Joint Motion to Pause Reductions in Force in Service of Enforcing Prong (3) of the Preliminary Injunction” and suspended the relevant RIF pending further court proceedings aimed at securing the government’s compliance with the April 22, 2025 preliminary injunction.

Abramowitz v. Lake (D.D.C.)

1:25-cv-00887

Complaint

2025-03-26Government Action Blocked Pending AppealGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-10-06

On May 7, the D.C. Circuit en banc blocked the panel’s May 3 decision with respect to the Global Media cases, but not the part of the panel’s decision allowing the government to terminate or place on leave VOA staff. On May 22, the D.C. Circuit en banc declined to reconsider the panel’s May 3 decision which blocks the district court order that would have required reinstating VOA staff. The administration is not required to reinstate those staff while the case is being litigated.

On Mar. 14, President Donald Trump signed an Executive Order that eliminated non-mandatory functions and sections of seven federal agencies, including the U.S. Agency for Global Media (USAGM), and required them to reduce mandatory functions and personnel to the legal minimum. Voice of America (VOA) is a government-funded media outlet under the USAGM. Michael Abramowitz, the current director of VOA, and three VOA journalists, including two whose visas depend on their employment with VOA, sued Kari Lake (Senior Advisor to the Acting CEO of USAGM), Victor Morales (Acting CEO of USAGM), and USAGM alleging that the dismantling of USAGM was unlawful. Specifically, plaintiffs argue that the defendants’ conduct violates the Administrative Procedure Act, the separation of powers clause of the Constitution, the Take Care Clause of the Constitution, and exceeds their statutory and constitutional authority. Plaintiffs seek a temporary restraining order and a preliminary and permanent injunction to permanently or at least temporarily enjoin defendants from terminating VOA employees and dismantling VOA and to restore the jobs of all employees placed on administrative leave so that VOA’s broadcasting activities can resume.

Update 1: On March 28, Defendants filed their opposition to plaintiff’s motion for preliminary relief, opposing plaintiff’s motion for a temporary restraining order (TRO) or preliminary injunction. Defendants argued that Plaintiffs have not met the burden required to justify a TRO or preliminary injunction, and that the court should require Plaintiffs to post a bond commensurate with the scope of any temporary order (which Defendants suggested should be in excess of $15 million in this case).

Update 2: On April 1, 2025, Defendants filed an opposition to Plaintiff’s proposed schedule and motion to stay proceedings. Defendants moved to stay all proceedings pending the outcome of plaintiff’s motion for preliminary injunction in Widakuswara v. Lake, Civ. A. No. 25-2390 (S.D.N.Y. Mar. 2025), where a temporary restraining order was filed on March 28, 2025. Defendants argued that the relief sought in Widakuswara “largely provides the relief sought in this action.” In the alternative, Defendants requested the court provide three weeks for Defendants to file their opposition to Plaintiff’s motion for a preliminary injunction.

Update 3: On Apr. 2, the Plaintiffs filed a response in opposition to the Defendants’ motion to stay proceedings and proposed schedule, along with a declaration from VOA director Michael Abramowitz. The Plaintiffs claim that their case concerns different plaintiffs and causes of action than Widakuswara, and that the Defendants have not satisfied their high burden for a stay.

Update 4: On Apr. 14, the Defendants filed a memorandum in opposition to Plaintiffs’ motion for a TRO and preliminary injunction.

Update 5: On Apr. 16, the Plaintiffs filed a reply in support of their motion for a preliminary injunction, asserting that the government’s shutdown of VOA violates several administrative and constitutional laws.

Update 6: On Apr. 22, Judge Royce Lamberth granted the Plaintiffs’ motion for a preliminary injunction, issuing the order alongside Widakuswara v. Lake to facilitate appellate review. In granting this motion, Judge Lamberth blocked Defendants from dismantling VOA. Defendants appealed this order to the D.C. Circuit on Apr. 24.

Update 7: On May 1, the D.C. Circuit imposed an administrative stay.

Update 8: On May 3, the D.C. Circuit, in a 2-1 decision, granted a stay. The majority held that (1) the district court lacked jurisdiction over agency employment decisions, which should have been brought to administrative bodies for adjudication; (2) the district court lacked jurisdiction over contract disputes, which should have been brought in the Court of Federal Claims (citing the U.S. Supreme Court’s recent decision in Department of Education v. California, 145 S. Ct. 966 (2025); and that the government, not the Plaintiffs, would suffer irreparable harm absent a stay. The court left in place the specific part of the district court's preliminary injunction requiring the resumption of VOA’s statutorily required programming levels, which the government had not appealed.

Update 9: On May 5, the Plaintiffs petitioned the full D.C. Circuit for an en banc review of the panel's May 3 decision.

Update 10: On May 7, the D.C. Circuit en banc stayed the panel’s May 3 order, but not on matters involving VOA. The D.C. Circuit en banc stayed the panel’s order on the Global Media entities, restoring the district courts’ orders across those cases, except for provision (1) on VOA staffing. The D.C. Circuit en banc restored Provision 2 of the district court order, which relates to grantees Networks Radio Free Asia and Middle East Broadcasting Networks. Provision 3 - on the statutory mandate that VOA "serve as a consistently reliable and authoritative source of news" - was not appealed by the government.

Update 11: On May 22, the D.C. Circuit en banc declined to reconsider the panel’s May 3 decision to stay provision (1) of the district court order, which would have required the administration to reinstate VOA staff.

Update 12: On July 30, Judge Lamberth ordered the Trump administration to explain how it plans to restore Voice of America’s operations by August 13. The court also found that the administration provided “misleading and contradictory information” and appears “to be violating numerous statutory provisions.” “Without more explanation, the court is left to conclude that the defendants are simply trying to run out the clock on the fiscal year, without putting the money Congress appropriated toward the purposes Congress intended,” the judge wrote in the order.

Update 13: On August 29, Judge Lamberth granted a partial summary judgment to Voice of America (VOA) Director Michael Abramowitz, ruling that his removal was unlawful. The court found that the VOA director can statutorily only be removed by a majority of the International Broadcasting Advisory Board. Because President Trump removed six of the seven board members and has not nominated replacements, the board lacked a quorum, and Abramowitz’s termination was “plainly contrary to law.”

Update 14: On August 29, Defendants appealed the D.C. circuit court’s August 29 decision to grant partial summary judgment to the United States Court of Appeals for the District of Columbia.

Update 15: On September 29, District Court Judge Lamberth suspended the planned reduction in force at the U.S. Agency for Global Media, announced by its acting CEO Kari Lake in late August. The court found the administration violated its statutory obligations and the third provision of the court’s April preliminary injunction, which required the administration to restore Voice of America programming. Judge Lamberth wrote that the defendants “thumb their noses at Congress’s commands and give responses that are dripping with indifference to their statutory obligations.” He further criticized the administration’s obfuscation of its statutory compliance, finding that the court would “readily support contempt proceedings” had plaintiffs requested them.

Update 16: On October 6, the D.C. Circuit denied the administration’s request to stay a lower court’s ruling that kept Michael Abramowitz, the Director of Voice of America (“VOA”), to remain in his position, on administrative leave, while he challenges his removal. In a unanimous order, the three-judge panel held that because Abramowitz is on administrative leave, he would not be “exercising the executive power” and a stay would thus not have “disruptive effect[s]” during his legal challenge. The panel also dismissed the administration’s argument that denying a stay would prevent the President from appointing a new VOA Director, pointing out that any appointment or removal requires approval from the International Broadcasting Advisory Board, which has been without a quorum since January 2025. The panel held open the possibility that once the President nominates new members to the Board and they are confirmed by the Senate, the administration could renew its request.

Radio Free Asia v. United States (D.D.C.)

1:25-cv-00907

Complaint

2025-03-27Government Action Blocked Pending AppealGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-05-28

On Mar. 14, President Trump signed an Executive Order (EO) that eliminated non-mandatory functions and sections of seven federal agencies, including the U.S. Agency for Global Media (USAGM), and required them to reduce mandatory functions and personnel to the legal minimum. Plaintiff is Radio Free Asia (RFA), a private non-profit news organization whose goal is to provide uncensored reporting in Asian countries that otherwise lack access to free press. RFA is funded directly by Congress through appropriated funds distributed by USAGM. On Mar. 15, Kari Lake, Senior Advisor to the Acting Chief Executive Officer of USAGM, purported to terminate RFA’s grant agreement on the basis of the Mar. 14 EO, on the grounds that RFA “no longer effectuates agency priorities”. USAGM has informed RFA that it will not disburse to RFA its congressionally appropriated funds for Mar. 1, 2025, through Sep. 30, 2025. Defendants are USAGM, Kari Lake, Victor Morales, Acting Chief Executive Officer of USAGM, the Office of Management and Budget (OMB), Russell Vought, Director of the OMB, the U.S. Department of Treasury, and Scott Bessent, United States Secretary of the Treasury. RFA alleges that USAGM has unlawfully impounded RFA’s congressionally appropriated funds and that its conduct violates the Administrative Procedure Act (APA). Specifically, RFA alleges that USAGM’s actions are contrary to law under the International Broadcasting Act and related appropriations laws; contrary to the U.S. Constitution in violation of the Separation of Powers, and the Appropriations, Presentment, Spending, and Take Care Clauses of the Constitution; and “arbitrary and capricious” under the APA. RFA has asked the court to declare the grant termination unlawful and has requested a temporary restraining order and preliminary injunction barring Defendants from impounding RFA’s funding, as well as a permanent injunction requiring Defendants to disburse the funds.

Update 1: On Mar. 28, RFA filed a motion for a temporary restraining order (TRO) to block Defendants from impounding or otherwise interfering with RFA’s congressionally appropriated and mandated funding.

Update 2: On Apr. 10, the parties agreed to convert RFA’s motion for a TRO into a motion for a preliminary injunction and to brief this case alongside Middle East Broadcast Networks v. United States.

Update 3: On Apr. 11, Defendants filed a combined opposition to RFA and Middle East Broadcasting Network’s (MBN) preliminary injunction motions, contending that the court lacks jurisdiction over RFA and MBN’s claims following the Supreme Court’s decision in Dep’t of Education v. California.

Update 4: On Apr. 12, RFA and MBN filed a combined reply in support of their motions for preliminary injunctions.

Update 5: On Apr. 24, Plaintiffs filed a motion to enter an order granting a preliminary injunction.

Update 6: On Apr. 25, Judge Royce Lamberth granted Plaintiffs’ requested preliminary injunction requiring Defendants to restore grants with USAGM Networks Radio Free Asia and Middle East Broadcasting.

Update 7: On Apr. 25, Defendants filed a notice of interlocutory appeal.

Update 8: On May 1, the D.C. Circuit imposed an administrative stay.

Update 9: On May 3, the D.C. Circuit, in a 2-1 decision, granted a stay. The majority held that (1) the district court lacked jurisdiction over agency employment decisions, which should have been brought to administrative bodies for adjudication; (2) the district court lacked jurisdiction over contract disputes, which should have been brought in the Court of Federal Claims (citing the U.S. Supreme Court’s recent decision in Department of Education v. California, 145 S. Ct. 966 (2025); and that the government, not the Plaintiffs, would suffer irreparable harm absent a stay.

Update 10: On May 5, the Plaintiffs petitioned the full D.C. Circuit for an en banc review of the panel’s May 3 decision.

Update 11: On May 7, the D.C. Circuit en banc stayed the panel’s order, restoring the district court’s order, and on May 28 denied the Government’s request for a stay pending appeal

Middle East Broadcasting Networks v. United States (D.D.C.)

1:25-cv-00966

Complaint

2025-04-01Government Action Blocked Pending AppealGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-05-28

On Mar. 14, President Trump signed an Executive Order (EO) that eliminated non-mandatory functions and sections of seven federal agencies, including the U.S. Agency for Global Media (USAGM), and required them to reduce mandatory functions and personnel to the legal minimum. USAGM is responsible for distributing congressionally appropriated funds to plaintiff Middle East Broadcasting Networks (MBN), a private, non-profit American Arabic-language media organization that delivers news and information to the Middle East and North Africa. Defendants are USAGM, Kari Lake, Senior Advisor to the Acting Chief Executive Officer of USAGM, Victor Morales, Acting Chief Executive Officer of USAGM, the Office of Management and Budget (OMB), Russell Vought, Director of the OMB, the U.S. Department of Treasury, and Scott Bessent, United States Secretary of the Treasury. MBN argues that USAGM has a non-discretionary duty to make annual grants available to MBN, and that withholding these funds has led to it furloughing nearly all its U.S.-based employees, reducing its television newscasts and digital content, and effectively shuttering its headquarters. MBN alleges that USAGM has unlawfully impounded MBN’s congressionally appropriated funds and that its conduct violates the Administrative Procedure Act (APA). Specifically, MBN alleges that USAGM’s actions are contrary to law under the International Broadcasting Act and related appropriations laws; contrary to the U.S. Constitution in violation of the Separation of Powers, and the Appropriations, Presentment, Spending, and Take Care Clauses of the Constitution; and “arbitrary and capricious” under the APA. MBN has asked the court to declare the grant termination unlawful and has requested a temporary restraining order and preliminary injunction barring Defendants from impounding MBN’s funding, as well as a permanent injunction requiring Defendants to disburse the funds.

Update 1: On Apr. 9, MBN filed a motion for a preliminary injunction. The next day, the parties agreed to brief this case alongside Radio Free Asia v. United States.

Update 2: On Apr. 11, Defendants filed a combined opposition to MBN and Radio Free Asia’s (RFA) preliminary injunction motions, contending that the court lacks jurisdiction over RFA and MBN’s claims following the Supreme Court’s decision in Dep’t of Education v. California.

Update 3: On Apr. 12, RFA and MBN filed a combined reply in support of their motions for preliminary injunctions.%

Update 4: On Apr. 24, Plaintiffs filed a motion to enter an order granting a preliminary injunction.

Update 5: On Apr. 25, Judge Royce Lamberth granted Plaintiffs’ requested preliminary injunction requiring Defendants to restore grants with USAGM Networks Radio Free Asia and Middle East Broadcasting.

Update 6: On Apr. 25, Defendants filed a notice of interlocutory appeal.

Update 7: On May 1, the D.C. Circuit imposed an administrative stay.

Update 8: On May 3, the D.C. Circuit, in a 2-1 decision, granted a stay. The majority held that (1) the district court lacked jurisdiction over agency employment decisions, which should have been brought to administrative bodies for adjudication; (2) the district court lacked jurisdiction over contract disputes, which should have been brought in the Court of Federal Claims (citing the U.S. Supreme Court’s recent decision in Department of Education v. California, 145 S. Ct. 966 (2025); and that the government, not the Plaintiffs, would suffer irreparable harm absent a stay.

Update 9: On May 5, the Plaintiffs petitioned the full D.C. Circuit for an en banc review of the panel’s May 3 decision.

Update 10: On May 7, the D.C. Circuit en banc stayed the panel’s order, restoring the district court’s order, , and on May 28 denied the Government’s request for a stay pending appeal.

Corporation for Public Broadcasting v. Trump (D.D.C.)

1:25-cv-01305

Complaint

2025-04-28Case Closed/Dismissed in Favor of GovernmentGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2026-01-14

On April 28, 2025 Trent Morse, Deputy Director of Presidential Personnel, allegedly sent an email to three of the Board members of the Corporation for Public Broadcasting (CPB), asserting that President Trump had terminated their positions on the Board. On April 29, the three individual board members and CPB brought suit against Trump, Morse, the Office of Management and Budget (OMB) and several other officials seeking (1) a judicial declaration that the email had no legal effect and (2) a Temporary Restraining Order (TRO) blocking defendants from taking actions to give effect to the email or otherwise seeking to interfere with or control the governance and operations of the CPB. The plaintiffs assert that the President has no authority to remove or terminate CPB Board members, because they contend that the Public Broadcasting Act of 1967 (the CPB Act), legal precedent, and government guidance make clear that CPB was established as “a private corporation [to] be created to facilitate the development of public telecommunications and to afford maximum protection from extraneous interference and control.” The plaintiffs assert that defendants’ actions violate the Administrative Procedure Act as an excess of statutory authority; a violation of the separation of powers; and a violation of the Presentment, Appropriations, and Take Care Clauses.

May 6, 2025: Defendants filed their opposition to Plaintiffs’ TRO motion, asserting that Trump has the lawful authority to remove CPB Board members. Plaintiffs filed a reply in support of their TRO motion on May 9, noting that it would be proper for the court to instead grant a preliminary injunction because the underlying facts at issue would not change in the upcoming weeks.

June 8, 2025: The district court denied the motion for a preliminary injunction, finding that the plaintiffs failed to demonstrate a strong likelihood the firings were unlawful or that they would suffer irreparable harm.

July 24, 2025: Plaintiff Board member Laura Ross voluntarily dismissed her claims, which was approved by the district court the next day. All other Plaintiffs are otherwise proceeding with their claims.

July 25, 2025: The remaining Plaintiffs filed a motion for summary judgment requesting that the district court enter judgment declaring Trump’s attempt to terminate CPB’s Board members as unlawful.

Aug. 1, 2025: Plaintiff Board member Thomas Rothman voluntarily dismissed his claims, which was approved by the district court on that same day. All other Plaintiffs are otherwise proceeding with their claims.

Nov. 14, 2025: The district court ordered the parties to file a joint status report by Jan. 5, 2026, on whether the case still presents a live controversy, and stayed further briefing on the cross-motions for summary judgment pending further order.

Jan. 14, 2026: The court dismissed the case based on the parties’ joint status report and agreement that the Rescissions Act of 2025 and the subsequent dissolution of the Corporation for Public Broadcasting moot the case.

National Public Radio Inc v. Trump (D.D.C.)

1:25-cv-01674

Complaint

2025-05-27Awaiting Court RulingGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-05-27

Through the Public Broadcasting Act of 1967, (the “Act”) Congress established the infrastructure for a public radio station, including the appropriation of federal funding to support independent public broadcasting and the creation of a separate private entity, the Corporation for Public Broadcasting (CPB), to act as an independent structure between the government and the recipient of funds. The Act expressly denies “authoriz[ation to] any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over public telecommunications, or over the Corporation or any of its grantees or contractors….”. 47 U.S.C. § 398(a). NPR, an independent, nonprofit media organisation, produces, acquires and distributes programming and makes it available to independent locally owned and operated public radio stations around the country, including the plaintiff member stations. It also manages the Public Radio Satellite System (PRSS), the nation’s public radio interconnection system. A portion of NPR’s funding comes from membership fees and fees for the management of the PRSS from member stations, as well as direct grants from CPB. Each of the plaintiff member stations also receives federal funding from the CPB, some of which is used to pay membership and programming fees to NPR. On May 1, 2025, President Trump issued Executive Order (EO) 14290, entitled “Ending Taxpayer Subsidization of Biased Media”. The EO directs federal agencies as well as the CPB to withhold all federal funding, direct or indirect, from NPR and the Public Broadcasting Service (PBS) as well as ensuring that local stations that receive grants from CPB do not use those funds to acquire NPR or PBS programming, and to revise existing grant agreements to prohibit grantees from funding NPR or PBS. The EO stated that it was expressly predicated on the view that their news was not “fair, accurate, or unbiased portrayal of current events to taxpaying citizens.” An accompanying Fact Sheet confirmed that the EO was based on the opinion that NPR and PBS distributed “left-wing propaganda” and listed specific news coverage and editorial choices with which the President disagrees. The National Endowment for the Arts (NEA) subsequently terminated a grant award to NPR in compliance with the EO. Plaintiffs sued, contending that the EO is retaliatory and viewpoint-based discrimination, and that it interferes with plaintiff local member stations’ freedom of expressive association and editorial discretion by preventing them from affiliating with NPR. They argue that the EO violates specific requirements of the Act as enacted by Congress, statutes governing the NEA’s grant-making functions, the Separation of Powers and the Spending Clause of the Constitution by unilaterally imposing restrictions and conditions on funds in contravention of Congress, and the First Amendment’s guarantees of freedom and speech and of the press. They also argue that the EO violates the Due Process Clause by disregarding NPR’s reliance interests in its continued eligibility for such funding without process and due to vagueness, that it violates the APA for lack of statutory authority and violations of the Constitution, and is ultra vires. Plaintiffs seek an order declaring the EO and all actions implementing it unlawful and unconstitutional and that the NEA and the CPB may not condition the receipt of funding or withhold funding from NPR and any local member station on the basis of the EO, and an order preliminarily and permanently enjoining the implementation of the EO.

Public Broadcasting Service v. Trump (D.D.C.)

1:25-cv-01722

Complaint

2025-05-30Awaiting Court RulingGovernment Grants, Loans, and AssistanceGovernance and Defunding Global Media and Global Internet Freedom (Executive Order 14217 - Commencing the Reduction of the Federal Bureaucracy) (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy) (Executive Order 14290 - Ending Taxpayer Subsidization of Biased Media)2025-05-30

Through the Public Broadcasting Act of 1967, (the “Act”) Congress established the infrastructure for public television, including the appropriation of federal funding to support independent public broadcasting and the creation of a separate private entity, the Corporation for Public Broadcasting (CPB), to act as an independent structure between the government and the recipient of funds. The Act expressly mandates that CPB should not be an agency of the government in order to “afford maximum protection from extraneous interference and control.” PBS, a private non-profit membership organization comprising 336 local public television broadcast studios who pay dues to PBS, provides a broad array of commercial-free educational television programming and services throughout the United States. PBS produces, acquires and distributes programming and makes it available to its member stations, including Lakeland, and also serves as a source of support for its member stations through the procurement and distribution of development training, brand management, and other services, as well as providing a public safety wireless emergency alert system. A portion of PBS’s funding comes from membership fees and fees for providing services to member stations, with the majority of the remaining funding coming from federal grants. Member stations, including Lakeland, also receive federal funding from the CPB, which is used both to produce local programming and to pay membership and programming fees to PBS. Lakeland relies on PBS for both a large percentage of its programming and for the support PBS offers its member stations. On May 1, 2025, President Trump issued Executive Order (EO) 14290, entitled “Ending Taxpayer Subsidization of Biased Media”. The EO directs federal agencies as well as the CPB to withhold all federal funding, direct or indirect, from PBS and NPR as well as ensuring that local stations that receive grants from CPB not use those funds. to acquire PBS or NPR programming, and to revise existing grant agreements to prohibit grantees from funding PBS or NPR. The EO stated that it was expressly predicated on the view that their news was not “fair, accurate, or unbiased portrayal of current events to taxpaying citizens.” An accompanying Fact Sheet confirmed that the EO was based on the opinion that NPR and PBS distributed “left-wing propaganda” and listed specific news coverage and editorial choices with which the President disagrees. On May 2, Defendant United States Department of Education (ED) notified CPB that in compliance with the EO it was terminating a federal award under which CPB had granted funds to PBS for educational programs. The Plaintiffs sued, arguing that the EO violates the First Amendment’s guarantees of freedom of speech, freedom of the press and editorial discretion and is ultra vires conduct as it violates specific requirements of the Act as enacted by Congress. They contend that the EO is retaliatory and viewpoint-based discrimination, and that it also violates the First Amendment by imposing unconstitutional restrictions and requirements as a condition of funding. They also argue that the EO violates the Administrative Procedure Act as arbitrary and capricious and contrary to constitutional rights. Plaintiffs seek an order declaring the EO and all actions implementing with respect to PBS and PBS member stations unlawful and unconstitutional, and injunctive and expedited relief barring the termination of the funding.

State of Colorado v. U.S. Department of Health and Human Services (D.R.I.)

1:25-cv-00121

Complaint

2025-04-01State A.G. PlaintiffsGovernment Action Temporarily BlockedGovernment Grants, Loans, and AssistanceTermination of public health grants2025-07-30

Beginning on Mar. 24, 2025, the U.S. Department of Health and Human Services (HHS) terminated $11 billion in public health funding on the ground that the funds were no longer necessary because they were appropriated under various laws responding to the Covid-19 pandemic. Plaintiffs are 20 states, the District of Columbia, and two Democratic governors. They assert that Congress appropriated these funds to strengthen public health programs and that the funds were not limited to addressing the Covid-19 pandemic, and that Congress and HHS continued to make these funds available even after the end of the public health emergency was declared in May 2023. Plaintiffs allege that these terminations of funding are arbitrary and capricious and contrary to law in violation of the Administrative Procedure Act (as “arbitrary and capricious” conduct and contrary to law, for example, by allegedly unlawfully applying the “for cause” provisions of 42 U.S.C. § 300x-55). They request that the Court declare the terminations unlawful and enjoin Defendants from implementing and enforcing the terminations.

Update 1: On Apr. 1, 2025, Plaintiffs filed a motion for a temporary restraining order (TRO) to block Defendants from implementing and enforcing the public health terminations.

Update 2: On Apr. 5, Judge Mary McElroy granted Plaintiff’s request for a TRO against Defendants, which required Defendants to immediately cease the withholding of funds and implementing or enforcing the funding terminations.

Update 3: On Apr. 8, Plaintiffs filed an amended complaint for declaratory and injunctive relief. Plaintiffs added an additional claim under the Administrative Procedure Act (APA) (alleging Defendant’s public health funding decision is contrary to law) as well as claims for the violation of the Separation of Powers, Spending Clause, and an allegation that Defendants’ actions are ultra vires violations. On that same day, Plaintiff States filed a motion for a preliminary injunction to block Defendants from enforcing or implementing the decision to terminate funding for Plaintiff States and their local health jurisdictions.

Update 4: On Apr. 14, Defendants filed an opposition to Plaintiffs’ motion for a preliminary injunction, alleging the court lacks jurisdiction to hear Plaintiffs’ claims. The next day, on Apr. 15, Plaintiffs filed a reply in support of their motion for a preliminary injunction and noted Defendants failed to identify any statutory basis for the authority it exercised in implementing and enforcing the terminations.

Update 5: On Apr. 24, Defendants submitted a supplemental brief in support of its Apr. 14 opposition to Plaintiffs’ motion for a preliminary injunction. Defendants assert that HHS complied with Congress’s direction to make allocated amounts available to the Plaintiff states as part of the broad appropriation of funds in response to COVID-19 and consequently its decision to terminate the grants was not in violation of the Constitution.

Update 6: On Apr. 29, the Plaintiff States submitted a supplemental brief in support of their motion for a preliminary injunction, flagging that Defendants’ supplemental brief did not address any of the Plaintiff States’ constitutional claims.

Update 7: On July 15, the Defendants filed a notice of appeal to the First Circuit as to Judge Mary S. McElroy’s May 16 preliminary injunction.

Update 8: On July 30, the First Circuit ordered the appeal voluntarily dismissed.

Planned Parenthood Federation of America v. Robert F. Kennedy, Jr. et al (D. Mass.)

1:25-cv-11913

Complaint

2025-07-07Government Action Not Blocked Pending AppealGovernment Grants, Loans, and AssistanceTermination of public health grants2025-09-11

Planned Parenthood Federation of America and its affiliates receive a significant portion of their revenue from Medicaid reimbursements for a myriad of non-abortion related sexual health services. (Federal funds, including Medicaid reimbursements are barred from being used to provide abortions). Section 71113 of the bill known as the One Big Beautiful Act, enacted through the reconciliation process, bars federal Medicaid funds from being “used to make payments” to a “prohibited entity” for one year after the enactment of the Act (the “Defund Provision”). Prohibited entities are defined to include organizations that provide abortions and entities receiving more than $800,000 in Medicaid funds in the 2023 fiscal year.

On July 7, Planned Parenthood filed suit alleging that the law was specifically drafted to target Planned Parenthood and its member organizations, including those that do not provide abortions. Plaintiffs claim that the Defund Provision constitutes an unconstitutional bill of attainder by specifically targeting Planned Parenthood; violates the Equal Protection Clause, by treating Planned Parenthood members differently from other organizations that provide similar care; violates the First Amendment prohibition against retaliation and right of association; and is void for vagueness. The Plaintiffs requested that the defendants be enjoined from enforcing or applying the Defund Provision.

Update 1: On July 7, Judge Indira Talwani granted a temporary restraining order for 14 days blocking the enforcement of the Defund Provision and issued an amended temporary restraining order on July 11 stating that the Plaintiffs were likely to succeed on their claims of unconstitutionality and that a temporary restraining order was necessary to prevent irreparable harm.

Update 2: On July 21, Judge Talwani granted a preliminary injunction prohibiting the administration from enforcing Section 71113 of the “One Big Beautiful Bill Act” against the Planned Parenthood Association of Utah and other Planned Parenthood Federation of America Members. The injunction applies only to affiliates that are either barred from providing abortions due to state law or that received less than $800,000 in Medicaid reimbursements in 2023. The court found that the statute likely violates the First Amendment right of association by defunding affiliates based solely on their relationship to abortion providers—even when they do not themselves provide abortions or share funds. The court has not yet ruled on whether to extend relief to additional Planned Parenthood members.

Update 3: On July 22, following Judge Talwani’s preliminary injunction, which prohibited the enforcement of Section 71113 of the “One Big Beautiful Bill Act” against certain members of Planned Parenthood Association, the administration appealed the decision to the First Circuit.

Update 4: On July 27, Judge Talwani granted an emergency motion for preliminary injunction, which expands her previous injunction prohibiting the administration from enforcing Section 71113 of the “One Big Beautiful Act” to apply to all Planned Parenthood Federation of America Members. Judge Talwani held that plaintiffs will likely succeed in their claim that Section 71113 of the bill violates the First Amendment and is an unlawful Bill of Attainder. The court emphasized that the injunction is not prohibiting the administration to regulate abortion or directing it to fund abortion. The injunction simply “prevents Defendants from targeting a specific group of entities—Planned Parenthood Federation Members—for exclusion from reimbursements under the Medicaid program.”

Update 5: On September 11, the 1st Circuit Court of Appeals granted the administration’s motion to stay two preliminary injunctions that had required HHS and Centers for Medicare and Medicaid Services (CMS) to continue Medicaid reimbursements to certain Planned Parenthood affiliates. The unanimous panel reversed the lower court’s decision, holding that the government had met its burden under Nken v. Holder to justify interim relief. This ruling allows the administration to withhold Medicaid reimbursements to Planned Parenthood while the appeals proceed.

Dallas County, Texas v. Kennedy (D.D.C.)

1:25-cv-04242

Complaint

2025-12-05Awaiting Court RulingGovernment Grants, Loans, and AssistanceTermination of public health grants2025-12-05

On March 24, 2025, the leaders of the Department of Health and Human Services (HHS) and Centers for Disease Control (CDC) ended federal grant programs that fund local government pandemic preparedness efforts. On December 5, 2025, Dallas County, a recipient of such federal funding, sued HHS, the CDC, and their respective leaders to challenge the mass termination of COVID-related grant programs for local governments. Plaintiff alleges that the mass termination without Congressional authority violates constitutional protections for the separation of powers and the Spending Clause. Plaintiff further alleges that Defendants violated the Administrative Procedure Act by acting unconstitutionally, contrary to statute, in violation of agency regulations, and arbitrarily and capriciously. Plaintiff also asserts that the defendants acted ultra vires. Plaintiff seeks a declaratory judgment that the mass termination was unlawful and an injunction ordering the administration to restore the terminated grant funding.

Woonasquatucket River Watershed Council v. Department of Agriculture (D.R.I.)

1:25-cv-00097

Complaint

2025-03-13Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-11-04

President Donald Trump’s Executive Order 14154 mandates that all agencies immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022 (IRA) or the Infrastructure Investment and Jobs Act (IIJA) that pertain to policies outlined in Section 2 of the EO, which relate to climate change, infrastructure improvement, and public health protection. The EO requires agencies to seek the approval of both the Director of the Office of Management and Budget (OMB) and the Assistant to the President for Economic Policy, who must review and ensure disbursements are consistent with EO’s policies, prior to disbursing funds. OMB issued a memo to that effect. The six Plaintiffs are three nonprofits with environmental and conservation missions, one conservation district, one nonprofit community development corporation, and a network of nonprofit organizations. They are suing the Department of Agriculture, the Department of Energy, the Department of the Interior, and the Department of Housing and Urban Development, and their respective Secretaries. They are also suing the Environmental Protection Agency and its Administrator, the Office of Management and Budget and its Director, and the Director of the National Economic Council. Following the Executive Order and the OMB memo, the named federal agencies paused all funding appropriated by the IRA and IIJA. The plaintiffs argue that this “freeze first, ask questions later” approach violates the Administrative Procedure Act because it (1) is arbitrary, capricious, or an abuse of discretion; (2) exceeds statutory authority; and (3) is contrary to the law. The Plaintiffs seek to have the OMB Memo held unlawful to the extent that it directs agencies to freeze all funds authorized by the IRA and IIJA. They also request a stay preventing the federal agencies from continuing the freeze and requiring them to disburse the funds previously frozen.

Update 1: On Mar. 17, the plaintiffs filed a motion for a preliminary injunction, claiming that they are highly likely to show that the defendants’ actions violate the Administrative Procedure Act and that the defendants’ actions, if not enjoined, will continue to cause serious and irreparable harms to the plaintiffs.

Update 2: On Mar. 27, the defendants filed a memorandum in opposition to the plaintiffs’ motion for preliminary injunction. They claim that plaintiffs’ claims are not properly before the court, there are no cognizable Administrative Procedure Act claims, and that the plaintiffs’ claims fail on the merits, so the motion for preliminary injunction should be denied.

Update 3: On Mar. 31, the plaintiffs filed a reply in support of their motion for a preliminary injunction, claiming that the plaintiffs have shown that they are likely to succeed on the merits on each of their three claims, that they have put forward evidence of ongoing irreparable harm, and that the public interest favors immediate relief.

Update 4: On Apr. 15, Judge Mary McElroy granted a preliminary injunction.

Update 5: On Apr. 30, the defendants appealed Judge McElroy’s Apr. 15 preliminary inunction order to the First Circuit.

Update 6: On May 27, defendants moved to hold its appeal in abeyance due to the overlap of issues with New York v. Trump (25-1236, 25-1413), which is also on appeal with the First Circuit. The First Circuit denied this request on June 16

Update 7: On Nov. 4, the court granted Plaintiffs’ motion to enforce.

Butterbee Farm v. United States Department of Agriculture (D.D.C.)

1:25-cv-00737

Complaint

Amended Complaint [2025-05-19]

2025-03-13Awaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-06-02

On Jan. 20, President Trump issued an executive order to freeze or terminate congressionally appropriated funds under the Inflation Reduction Act (IRA). Plaintiffs include IRA grant recipient farms and non-profit organizations dedicated to advancing environmental issues. Following the EO, the Office of Management and Budget (OMB) directed government agencies to temporarily pause all activities related to the disbursement of all federal financial assistance. Despite OMB rescinding this direction, the United States Department of Agriculture (USDA) allegedly continues to withhold funds from Plaintiffs. While courts have issued temporary restraining orders and preliminary injunctions to Defendants regarding the frozen funds, Plaintiffs have yet to receive their grants. This freeze of funds allegedly continues to impact Plaintiffs’ ability to operate their respective businesses and organizations. Plaintiffs allege this freeze of funds violates the Administrative Procedure Act (contrary to law as an unlawful impoundment; and “arbitrary and capricious” conduct), the constitutional separation of powers under the Spending Clause, and the Take Care Clause of the Constitution. They seek declaratory relief stating the freeze is unlawful, and injunctions to restore access to funds and prevent any further interference.

Update 1: On May 19, Plaintiffs filed an amended complaint which noted that USDA had resumed processing invoices and advance requests for IRA grant recipients following the entry of preliminary injunction in Woonasquatucket River Watershed Council v. Dep’t of Agriculture. Plaintiffs asserted that permanent judicial relief is still needed even in light of Woonasquatucket.

Update 2: On June 2, Defendants answered Plaintiffs’ amended complaint and alleged that sovereign immunity bars a portion of Plaintiffs’ claims.

Sustainability Institute v. Trump (D.S.C.)

2:25-cv-02152

Complaint


Amended Complaint 2025-03-26

2025-03-19Government Action Not Blocked Pending AppealGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-10-14

On Jan. 20 and Feb. 26, 2025, President Donald Trump signed three executive orders that froze or terminated congressionally appropriated funds under the Inflation Reduction Act and the Infrastructure Investment and Jobs Act. Plaintiffs, a group of nonprofit organizations and municipalities, filed suit against President Trump and various federal agencies, alleging that the executive orders unlawfully violate the First Amendment, the Administrative Procedure Act, and other constitutional and statutory provisions by preventing the disbursement of funds for environmental, agricultural, and infrastructure projects. Further, they argue that the administration’s actions have caused significant financial harm, disrupted community projects, and undermined congressional intent. Plaintiffs seek declaratory relief asserting that the funding freeze is unlawful, injunctions to prevent further interference with grant disbursements, and the restoration of previously frozen funds.

Update 1: On Mar. 26, Plaintiffs amended the complaint to include additional Plaintiffs Earth Island Institute and Organic Association of Kentucky and their related factual allegations, additional grants that have been frozen, and additional Defendants the Department of Energy (DOE) and the Secretary of the DOE Chris Wright. On the same day, Plaintiffs also filed a motion requesting a preliminary injunction to block Defendants from freezing or terminating federal grants. Plaintiffs also filed a motion for expedited discovery from five defendants–the U.S. Department of Government Efficiency Service (DOGE), the U.S. Environmental Protection Agency (EPA), the U.S. Department of Agriculture (USDA), the U.S. Department of Transportation (USDOT), and DOE–that day as well.

Update 2: On Mar. 31, Plaintiffs filed a Notice of Recent Developments to update the court of factual developments relating to the EPA (one of the Defendants) unilaterally terminating four of the grants in dispute. On Apr. 1, Defendants filed a response to Plaintiffs’ Notice of Recent Developments, opposing any shortening of briefing deadlines or hearing timelines.

Update 3: On Apr. 2, Defendants filed their opposition to Plaintiffs’ motion for expedited discovery. On Apr. 3, Plaintiffs filed their reply in support of their motion for expedited discovery.

Update 4: On Apr. 7, Judge Richard Mark Gergel narrowed Plaintiffs’ expedited discovery requests to a single request and ordered the five defendant agencies named in Plaintiffs’ motion to produce all documents from Jan. 20, 2025 to present relating to the freeze, pause, and/or termination of any of the grants identified by Plaintiffs in their motion for expedited discovery.

Update 5: On Apr. 9, the Court denied the administration’s motion to reconsider and stay an expedited discovery order. The court granted the motion to strike discovery from DOGE.

Update 6: On Apr. 16, Plaintiffs filed their reply in support of motion for preliminary injunction to block Defendants from freezing or terminating federal grants.

Update 7: On Apr. 17, DOE, DOT, USDA and the EPA, replied to the order for expedited discovery with responsive documents. The EPA requested an extension to provide the remainder of responsive documents by Apr. 18 and subsequently requested an additional extension until Apr. 21.

Update 8: On May 20, Judge Gergel granted Plaintiffs judgment on their uncontested APA claims for Grants 1–26 and 33–38, issuing declaratory and permanent injunctive relief and denying Defendants’ motion to stay. The court also found jurisdiction and standing for the nonstatutory review claims and granted preliminary injunctive relief for Grants 1–26 and 33–38, while denying preliminary relief for Grants 27–32. The following day, the government filed a notice of appeal to the Fourth Circuit.

Update 9: On Jun. 5, the Fourth Circuit granted the government’s request to stay pending appeal Judge Gergel’s May 20 order that had restored 32 federal grants supporting environmental and infrastructure projects. The order allows the administration to continue suspending the grants while the appeal proceeds.

Update 10: On Oct. 1,, Judge Gergel granted Defendants’ motion to stay due to lapse of appropriations, tolling their deadline to respond to the motion for an injunction pending appeal until 13 days after DOJ is re-funded.

Update 11: On Oct. 14, the Fourth Circuit denied appellants’ motion to postpone oral argument in light of the lapse in appropriations, and argument proceeded as scheduled on Oct. 23.

California Infrastructure and Economic Development v. Citibank and EPA (D.D.C.)

1:25-cv-00820

Complaint

2025-03-19Government Action Temporarily BlockedGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-04-16

On Jan. 20, 2025, President Donald Trump issued an executive order to freeze or terminate congressionally appropriated funds under the Inflation Reduction Act and the Infrastructure Investment and Jobs Act. Plaintiffs, four “green” banks that provide financial services to pollution-reducing projects, filed suit against Citibank and the Environmental Protection Agency (EPA), alleging that the EPA unlawfully blocked access to $20 billion in Greenhouse Gas Reduction Fund grants. Further, the plaintiffs allege that, due to the EPA’s pressure, Citibank is no longer honoring contracts with the Plaintiffs meant for pollution-reduction projects. They argue that these actions violate the Administrative Procedure Act, the Impoundment Control Act, and constitutional separation of powers under the Spending Clause and the Tenth Amendment. They seek declaratory relief affirming the freeze as unlawful, injunctions to restore access to funds and prevent further interference, and contractual relief compelling Citibank to release the funds.

Update 1: On Mar. 24, Plaintiffs filed a motion for a preliminary injunction. In this motion, Plaintiffs requested that (1) the court convert the relief extended in the temporary restraining order (TRO) issued in the related case of Climate United Fund v. Citibank to a preliminary injunction, and (2) further enjoin Citibank from violating its obligations to disburse funds.

Update 2: On Mar. 25, this case was consolidated with Climate United Fund v. Citibank.

Update 3: On Apr. 16, Judge Tanya Chutkan granted Plaintiffs’ motion for a preliminary injunction.

State of Washington v. Dept. of Transport et al (W.D. Wash.)

2:25-cv-00848

Complaint

Amended Complaint

2025-08-01

2025-05-07State A.G. PlaintiffsGovernment Action Temporarily Blocked in Part; Temporary Block Denied in PartGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-08-01

Case Summary: On Jan. 20 2025, President Trump issued Executive Order No. 14,154, Unleashing American Energy, which declared it the policy of the United States to “eliminate the electric vehicle (EV) mandate” and directed all federal agencies to immediately pause disbursement of funding from the Infrastructure Investment and Jobs Act (IIJA), including those allocated to the National Electric Vehicle Infrastructure (NEVI) Formula Program. In response, the Federal Highway Administration (FHWA) pulled back previous approvals of every state’s EV Infrastructure Deployment Plan and rescinded all NEVI guidance. On May 7, sixteen states and the District of Columbia challenged the FHWA to prevent it from implementing the Administration’s directive and its February 6, 2025 letter pausing funding. The complaint alleges that the Administration’s actions unlawfully withhold congressionally appropriated funds, interfere with state’s statutory entitlements to NEVI formula funding, and prevent states’ efforts to implement climate, transportation, and public health policy. Plaintiffs allege violations of the Administrative Procedure Act, Spending Clause, the Take Care Clause, separation of powers principles, and the ultra vires doctrine. They seek declaratory relief that the FHWA’s actions are unlawful and permanent injunctions that prohibit the Administration from withholding NEVI funds in contravention of the IIJA.

May 7, 2025: Plaintiffs filed their motion for a preliminary injunction, alleging that FHWA’s revocation of approved state EV infrastructure plans and categorical withholding of NEVI funds violates statutory mandates, exceeds agency authority, causes ongoing irreparable harm to states’ transportation and climate programs, and upsets the balance of powers, thus warranting immediate judicial intervention.

May 22, 2025: Seven nonprofit environmental and public interest organizations filed a motion to intervene as Intervenor-Plaintiffs. The Parties allege that they seek to protect their interests in the federal EV charging program, which they argue is critical for reducing pollution and ensuring access to reliable charging infrastructure. The Parties move to intervene by alleging that the federal government’s suspension of the program directly harms their members and that no current party in the case fully represents their interests.

May 28, 2025: Defendants filed an opposition to Plaintiffs’ motion for a preliminary injunction, alleging that Plaintiffs’ claims are not ready for court review because no final agency action has been taken and any alleged harm is speculative, given that FHWA is still developing updated guidance and has not denied future funding. They contend that pausing new obligations while revising guidance is lawful, reasonable, and within FHWA’s authority, and that Plaintiffs have failed to show irreparable harm or justify the extraordinary remedy of a preliminary injunction.

June 4, 2025: Plaintiffs filed a reply in support of their motion for preliminary injunction, alleging that the case is ripe because the federal government has already taken final, harmful action by revoking approved state plans and halting the obligation of NEVI funds, causing immediate and irreparable harm. They also alleged that these actions, and not any future guidance, form the basis of the suit.

June 24, 2025: Judge Tana Lin granted Plaintiffs’ motion for preliminary injunction as to 14 Plaintiff states, finding they had established a likelihood of success on the merits as to their APA and separation of powers claims. However, the court denied the motion in part, holding that the District of Columbia, Minnesota, and Vermont had not shown irreparable harm beyond the allegations in their complaint. As to the 14 Plaintiff states that were granted injunctive relief, the court enjoined Defendants from suspending or revoking Plaintiffs’ previously approved State Electric Vehicle Infrastructure Deployment Plans—annual submissions detailing how each state will use its funding—and from withholding NEVI Formula Program funds.

Aug. 1, 2025: Plaintiffs filed an amended complaint, adding four state Plaintiffs—Kentucky, Michigan, Pennsylvania, and North Carolina.

State of Washington v. Trump (W.D. Wash.)

2:25-cv-00869

Complaint

2025-05-09State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-06-11

On January 20, 2025, President Donald Trump issued Executive Order (EO) 14156 claiming a “National Energy Emergency” under the National Emergencies Act (NEA) and ordering the heads of Federal Agencies to forego ordinary environmental reviews, as required by the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act, and to issue permits for energy projects on an expedited basis. Although the EO implicates all government agencies, it specifically targets the permits, authorizations, and construction projects overseen by the United States Army Corps of Engineers (USACE), the Department of the Interior, and the Advisory Council on Historic Preservation (ACHP). Plaintiffs, 15 States, argue that Trump’s invocation of a national emergency to justify expedited energy project authorizations is an ultra vires abuse of authority under the NEA and request a declaration that the EO is unlawful. They further argue that expedited permitting actions by the USACE, the Department of the Interior, and the ACHP violate the Administrative Procedure Act (APA) as both contrary to law and arbitrary and capricious actions. The Plaintiff States seek preliminary and permanent injunctions for all existing projects given expedited authorizations under the EO and the cessation of all future expedited authorizations under the EO.

Building Materials Re-use Association v. United States Environmental Protection Agency (D.D.C.)

1:25-cv-02493

Complaint

2025-07-31Awaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-07-31

On January 20, 2025, President Donald J. Trump issued Executive Order (EO)14154, titled Unleashing American Energy, directing federal agencies to stop disbursement of all funds under the Inflation Reduction Act (IRA). Subsequently, the Environmental Protection Agency (EPA) terminated the Reducing Embodied Greenhouse Gas Emissions for Construction Materials and Products Program (the “Program”), a program authorized by congress under the IRA . This termination included cancellation of previously awarded grants, such as one to the Building Materials Re-use Association, without individualized review or consideration of reliance interests. On July 31, the Building Materials Re-use Association filed a complaint against the EPA alleging that EPA’s termination of its grant disrupted its operations, caused financial strain, forced staff layoffs, and damaged its reputation and partnerships within the building materials reuse sector. The complaint also alleges that the termination undermined the IRA’s climate and economic goals and deprived over 100 under-resourced nonprofits and small businesses of promised support. The Plaintiff asserts violations of the Separation of Powers, Presentment Clause, and the Administrative Procedure Act as arbitrary and capricious and contrary to law. Plaintiff seeks declaratory and injunctive relief to reinstate the terminated grant, extend the performance period, compel the EPA to provide necessary resources and prevent termination of the Program.

Harris County v. EPA (D.D.C.)

1:25-cv-03646

Complaint

2025-10-13Awaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-11-14

On October 13, 2025, Harris County, Texas filed suit against the U.S. Environmental Protection Agency (EPA), Administrator of EPA Lee Zeldin, and EPA Award Official Devon Brown challenging the decision to eliminate the Solar for All program (SFA), an initiative established to provide affordable, clean energy solutions to low-income communities. On October 24, Plaintiffs moved for a preliminary injunction (PI) to enjoin Defendants from eliminating SFA. Harris County, which received a $249.7 million SFA grant, alleges that the administration’s decision to terminate the program and rescind already obligated funds is ultra vires and violates the Administrative Procedure Act, Section 134 of the Clean Air Act (repealed), Section 60002 of the One Big Beautiful Bill Act, the Appropriations and Presentment Clauses of the Constitution, and the Separation of Powers. Harris County seeks a declaratory judgment that the decision to eliminate funding is unlawful and unconstitutional, an order setting aside the elimination of SFA, and an injunction against Defendants’ further implementation of the elimination of SFA.

Update 1: On Nov, 14 the plaintiffs withdrew their motion for a temporary restraining order and preliminary injunction.

State of Arizona v. Environmental Protection Agency (W.D. Wash.)

2:25-cv-02015

Complaint

2025-10-16State A.G. PlaintiffsAwaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-10-16

On October 16, 2025, 22 states and the District of Columbia filed suit against the U.S. Environmental Protection Agency (EPA) and Administrator of EPA Lee Zeldin alleging that they “unilaterally and illegally” terminated their funding under the Solar for All program (SFA), an initiative established to provide low-income communities access to clean energy. On November 14, Plaintiff states moved for a preliminary injunction to enjoin Defendants from eliminating SFA and rescinding already obligated funds for the program. Plaintiff states allege that the administration’s decision to terminate SFA and rescind its funding is ultra vires and violates the Administrative Procedure Act (APA), the Appropriations Clause of the Constitution, and the Separation of Powers. Plaintiffs seek an order to reinstate the funds appropriated and obligated for SFA and an injunction preventing any future action reclassifying or otherwise making program funds unavailable to SFA grant recipients. A companion breach of contract action was also filed in the Court of Federal Claims under the Tucker Act.

Maryland Clean Energy Center v. United States (Fed. Cl.)

1:25-cv-01738

Complaint

2025-10-15Awaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-10-15

The Solar for All program, established as part of the Inflation Reduction Act of 2022, directed the Environmental Protection Agency to award grants to disadvantaged communities so that they may deploy zero-emission technology. On August 7, the EPA cancelled the program and unilaterally terminated the Plaintiffs’ grant agreements. It subsequently withdrew the grant funds from the Plaintiffs’ accounts. Plaintiffs include 25 states, state agencies, and the District of Columbia. They brought suit pursuant to the Tucker Act alleging that the EPA’s unilateral grant terminations were a breach of contract and violated the covenant of good faith and fair dealing. Plaintiffs seek money damages.

Texas Environmental Justice Advocacy Services v. Donald Trump (D.D.C.)

1:25-cv-03745

Complaint

2025-10-22Awaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-10-22

On July 17, the Trump administration issued a Proclamation exempting 50 chemical manufacturing plants from requirements to monitor and control emissions of certain hazardous air pollutants for two years. The Proclamation relied on a provision of the Clean Air Act that allows the President to issue an exemption for up to two years if the technology required to implement the relevant standard is not available and if the exemption is in the national security interests of the United States. A coalition of environmental non-profit organizations filed a complaint challenging the Proclamation, arguing that their members are harmed by exposure to the air pollutants in the areas they live, work, and recreate and are harmed by being deprived of information they could use to evaluate exposure and to engage in advocacy. The complaint alleges the Proclamation is unlawful because it issues blanket exemptions without any “facility-, standard- or technology-specific” findings, rests on an incorrect reading of “technology” and “national security,” and functions as a “de facto” amendment of EPA’s rule rather than a narrow, time-limited exemption. Plaintiffs argue that the Proclamation violates the Clean Air Act and is ultra vires. Plaintiffs seek declaratory relief that the Proclamation is unlawful and an injunction prohibiting the EPA from implementing it.

Healthy Gulf v. Burgum (D.D.C.)

1:25-cv-04016

Complaint

2025-11-18Awaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-11-18

On November 10, 2025, the Bureau of Ocean Energy Management (BOEM) published its Final Notice of Sale for the Gulf Lease Sale, which addresses the first of 30 region-wide Gulf oil and gas lease sales required by the 2025 Reconciliation Act that will take place between 2025 and 2040 (the “lease sale”). Plaintiffs Healthy Gulf, Friends of the Earth, Center for Biological Diversity, Natural Resources Defense Council, and Sierra Club are environmental organizations representing members who rely on the Gulf of Mexico’s ecological health for personal, professional, and recreational interests. Plaintiffs allege that Defendants finalized the lease sale without conducting the required environmental review, thus violating the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA). Plaintiffs specifically allege a flawed reliance on a prior Programmatic Environmental Impact Statement, which inadequately analyzed risks and failed to consider reasonable alternatives that would minimize harm, such as buffer zones around habitats and stricter decommissioning protections. Further, they allege that the improper involvement of Defendant Giacona, who had prior ties to industry stakeholders, tainted the decisionmaking process. Plaintiffs seek declaratory and injunctive relief: vacatur of the lease sale notice and associated environmental analysis, an injunction against proceeding with leasing activity, attorneys’ fees and costs, and any other remedy the Court deems just to ensure compliance with federal law.

Lucky Shoals Community Association, Inc. v. United States Environmental Protection Agency (N.D. Ga.)

1:25-cv-07221

Complaint

2025-12-17Awaiting Court RulingGovernment Grants, Loans, and AssistanceUnleashing American Energy (Exec. Order No. 14154); Ending Radical and Wasteful Government DEI Programs and Preferencing (Executive Order 14151); Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Executive Order 14222)2025-12-17

On January 20, 2025, President Donald Trump issued an Executive Order (EO) that allegedly instructed all Executive agencies to immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022. On May 2, 2025, the U.S. Environmental Protection Agency (EPA) purported to terminate the Inflation Reduction Act’s Community Change Grants by sending letters to the recipients of the grants. Lucky Shoals Community Association (Lucky Shoals), a non-profit organization dedicated to facilitating community and economic development in the area of clean energy and healthy environment, was slated to be the recipient of one of these grants and would have received roughly $20 million for green infrastructure. On Dec. 17, 2025, Lucky Shoals filed a complaint against the EPA and its administrator, Lee Zeldin, alleging that the termination of its grant is an arbitrary and capricious action in violation of the Administrative Procedure Act (APA). Lucky Shoals also alleges that the actions are ultra vires, in violation of the separation of powers doctrine, and not in accordance with the Impoundment Control Act of 1974. Lucky Shoals requests that the court order declaratory and injunctive relief against the Defendants so that it can access the funds it was awarded by the federal government.

State of New York v. U.S. Department of Energy et al (D. Or.)

6:25-cv-01458

Complaint

2025-08-15State A.G. PlaintiffsGovernment Action Blocked Pending AppealGovernment Grants, Loans, and AssistanceReduction of indirect cost reimbursement rate for state and local governments (DOE Policy Flash, May 8, 2025)2026-01-09

In April 2025, AmeriCorps placed 85% of its staff on administrative leave and unilaterally terminated $400 million of AmeriCorps grants. On May 5, a group of 15 non-profit entities and three individual Plaintiffs brought suit against AmeriCorps, the Interim Agency Head of AmeriCorps, and the DOGE Team Lead for AmeriCorps, alleging that Defendants are unlawfully attempting to dismantle AmeriCorps in violation of the Administrative Procedure Act (APA), the Separation of Powers, and the Appointments Clause. Plaintiffs allege that these cuts will cause irreparable harm to their organizations, significantly reducing or negating their ability to recruit and retain volunteers and to provide services. Plaintiffs allege that Defendants’ attempts to dismantle AmeriCorps violate the APA as arbitrary and capricious, contrary to law, unreasonably withheld agency action, and failure to observe procedures required by law. Plaintiffs further allege that Defendants’ actions violate the Separation of Powers, and that Defendant Tahmasebi, the Acting Chief Executive Officer of AmeriCorps, is exercising authority in violation of the Appointments Clause. Plaintiffs have asked the court for declaratory and injunctive relief to prevent Defendants from effectuating their decision to dismantle AmeriCorps, and to restore all AmeriCorps programs, grants, contracts, participants, and staff to their status as of April 14, 2025.

Oct. 9, 2025: Judge Kasubhai denied the defendants’ motion to stay, which was filed because of the government shutdown, because the Court already held oral argument and ruled from the bench on the merits of the case, the remaining issues are narrow, and the prejudice to the plaintiffs in delaying resolution.

Nov. 10, 2025: The court granted the Plaintiff summary judgment.

Jan. 9, 2026: The Department of Energy appealed to the Ninth circuit.

Quintero Chacon v. Dickerson (a.k.a. Q.C.E. v. Stewart Detention Facility) (M.D. Ga.)

4:25-cv-00050

Amended habeas petition 2025-04-17

2025-02-10Case ClosedImmigration and CitizenshipDeportation to a Third Country/Torture Prohibition (ICE Email Directive on Expedited Removal and Nondetained Docket. Feb. 18, 2025)2025-07-25

On June 13, 2024, Edicson David Quintero Chacon was detained at Stewart Detention Facility by U.S. Immigration & Customs Enforcement (“ICE”). An immigration judge ordered Quintero removed to Venezuela on Sep. 11, 2024, based on the government’s allegation that Quintero was a member of the Venezuelan gang Tren de Aragua. On Feb. 10, 2025, Quintero filed a habeas petition (amended Apr. 17, 2025) challenging his continued detention under Section 1231 of the Immigration and Nationality Act. On Mar. 15, 2025, President Donald Trump, issued a proclamation invoking the Alien Enemies Act to order the removal of all Venezuelan citizens not lawfully in the United States who are members of Tren de Aragua. That same day, the government transferred Quintero and 260 other people to the CECOT prison in El Salvador. Quintero then filed this petition for habeas corpus against Respondents Warden Terrence Dickerson of the Stewart Detention Facility, Acting Executive Associate Director Kenneth Genalo of ICE Enforcement and Removal Operations, Acting Director of ICE Todd Lyons, Secretary of Homeland Security Kristi Noem, Attorney General Pamela Bondi, Secretary of State Marco Rubio, and President Trump. He requested that the court grant him a writ of habeas corpus and order the Respondents to immediately release him from custody and have him either returned to the United States or promptly removed to Venezuela. Quintero also requests that the court declare his detention at CECOT to be in violation of the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, his constitutional right to habeas corpus, and to be beyond the Respondents’ legal authority.

Update 1: On May 2, the Government moved to dismiss the amended habeas petition. On May 5, Petitioner Quintero moved for discovery, which the court ordered on June 3. On June 6, the Government moved to stay the June 3 discovery order until the court ruled on its objections to the discovery order, or for the court to reconsider the discovery order. On July 2, the court denied the motion for reconsideration and granted the motion to stay.

Update 2: On July 25, Petitioner Quintero filed a voluntary dismissal, based on the fact that he was removed to Venezuela on July 18, 2025, pursuant to an exchange between the United States and Venezuelan governments. The case has been closed.

D.V.D. v. U.S. Department of Homeland Security (D. Mass.)

1:25-cv-10676

Complaint

2025-03-23Government Action Not Blocked Pending AppealImmigration and CitizenshipDeportation to a Third Country/Torture Prohibition (ICE Email Directive on Expedited Removal and Nondetained Docket. Feb. 18, 2025)2025-08-28

On Feb. 18, 2025, the U.S. Department of Homeland Security (DHS) issued a policy directive instructing officers to review all cases of individuals previously released from immigration detention for re-detention and removal to a “third country” (i.e., a country that differs from their countries of origin and/or citizenship). A class of noncitizens with final removal orders has sued DHS challenging the practice of deporting individuals to a third country without providing notice or opportunity to contest. Plaintiffs claim that DHS’s practice violates the Administrative Procedure Act, the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act of 1998, the Due Process Clause of the Fifth Amendment, and the Convention Against Torture as implemented in domestic law.

Plaintiffs seek a declaratory judgment stating that DHS’s practice is unlawful and violates their statutory, regulatory, and constitutional rights; seek to enjoin Defendants from failing to provide written notice and a meaningful opportunity to present a fear-based claim; and to order Defendants to return class members that have been removed to a third country.

Update 1: On Mar. 23, the same day the complaint was filed, Plaintiffs also filed a motion for an emergency temporary restraining order (TRO) and preliminary injunction and stay of administrative action.

Update 2: On Mar. 25, Defendants filed an opposition to Plaintiffs’ motion for an emergency TRO and preliminary injunction and stay of administrative action.

Update 3: On Mar. 28, Judge Brian Murphy granted Plaintiff’s motion for a TRO, blocking Defendants from removing individuals subject to a final order of removal from the United States to a third country, unless Defendants can show that they were provided written notice and a meaningful opportunity to present a fear-based claim.

Update 4: On Mar. 28, the Defendants submitted a notice of appeal to the First Circuit.

Update 5: On Mar. 29, Defendants filed a Motion for partial stay of the TRO pending appeal, arguing a nationwide injunction of this kind is unlawful and improper. Judge Murphy denied this motion on the same day, citing the memorandum supporting granting of Plaintiffs’ motion for TRO.

Update 6: On Apr. 7, the First Circuit denied the stay on jurisdictional grounds involving the temporary status of the district court’s order. The appeals court stated that the government’s issuance of intervening Guidance Regarding Third Country Removals “made a moving target of their removal policy” that “only reinforces the temporary nature of the relief at issue.”

Update 7: On Apr. 8, the Plaintiffs filed a reply in the district court in support of their motion for a preliminary injunction, claiming that they are likely to succeed on the merits and that they face irreparable harm if deported to a third country without documented notice or an opportunity to present their claims before an immigration judge.

Update 8: On Apr. 18, Judge Murphy granted class certification and a preliminary injunction.

Update 9: On Apr. 22, the government appealed the Apr. 18 preliminary injunction order to the First Circuit Court of Appeals.

Update 10: On Apr. 23, the Defendants submitted a filing stating that the Defense Department transported four Venezuelan nationals to El Salvador following the court’s Mar. 28 TRO, but that “the Department of Defense is not a defendant in this action.”

Update 11: On Apr. 29, the Plaintiffs filed a motion in support of amending the preliminary injunction.

Update 12: On Apr. 30, the court amended the preliminary injunction.

Update 13: On May 7, Plaintiffs filed a motion for an emergency TRO following reports of Defendants’ imminent removal of Laotian, Vietnamese, and Philippine class members to Libya. That same day, Judge Murphy responded by issuing a clarifying order of his April 30 amendment to the preliminary injunction order finding Defendants' allegedly imminent removals to be in violation of the preliminary injunction order.

Update 14: On May 16, the government submitted a Notice of Errata and accompanying affidavit for an “error” in its prior affidavit about plaintiff O.C.G. The Notice states that, contrary to an earlier affidavit, “Upon further investigation, Defendants cannot identify any officer who asked O.C.G. whether he had a fear of return to Mexico. Nor can Defendants identify the officer who O.C.G. states ‘told [him] that he was being deported to Mexico.’”

Update 15: On May 18, the plaintiffs filed an emergency motion for a temporary restraining order or preliminary injunction noting the Notice of Errata and also alleging that the government had released the plaintiff's name publicly, in violation of court orders, which put his life at increased risk. The plaintiff requests a judicial order for the return of O.C.G.

Update 16: On May 20, Judge Murphy ordered the Defendants to maintain custody and control of class members currently being removed to South Sudan or to any other third country and to ensure the practical feasibility of their return if the court finds that such removals were unlawful. The court also ordered that Defendants be prepared by the next hearing, scheduled for May 21, to identify the time and manner of notice each individual in the affected class received as to their third-country removal, and what opportunity each individual had to raise a fear-based claim.

Update 17: On May 21, following an emergency hearing, Judge Murphy found the government violated the court’s preliminary injunction by deporting at least six members of the class to South Sudan without meaningful opportunity to assert claims of protection under the Torture Convention. Judge Murphy held that “no reasonable interpretation of the Court’s Preliminary Injunction” could endorse the government’s action. The court issued a “summary and clarification” of the injunction requiring removal to a third country to include written notice to both the non-citizen and the non-citizen’s counsel in a language the non-citizen can understand, and a meaningful opportunity and a minimum of ten days to raise a fear-based claim for Torture Convention protection (plus an additional 15 days if to seek reopening of immigration proceedings if initially denied).

Also following the emergency hearing, Judge Murphy issued a separate order to remedy the violation of the preliminary injunction. It requires giving the six individuals a reasonable fear of torture interview including access to counsel, an interpreter, and technology for transfer of documents “commensurate with the access that they would have received had these procedures occurred within the United States prior to their deportation.”

Update 18: On May 23, Judge Murphy granted a preliminary injunction requiring the government to “to take all immediate steps, including coordinating with Plaintiffs’ counsel, to facilitate the return of O.C.G. to the United States.” Judge Murphy stated the situation for O.G.C. should be easier for the Defendants to remedy since he is not held by a foreign government and the Defendants have not made any argument that it would be “costly, burdensome, or otherwise impede the government’s objectives” to facilitate his return.

Update 19: On May 26, Judge Murphy rejected DHS’s bid to undo a ruling that it unlawfully deported six men, formerly held in ICE custody, without giving them a fair chance to seek protection from torture. The men are now detained at a U.S. military base in Djibouti. The court noted that DHS had previously agreed it could comply with the court’s proposed process, but then reversed course.

Update 20: On May 27, the government appealed to the U.S. Supreme Court to stay the district court's Apr. 18 preliminary injunction.

Update 21: On June 4, O.G.C.’s attorney stated that his client was flowing back to the United States.

Update 22: The Supreme Court stopped a lower court’s order which has prevented the administration from removing immigrants to third countries without an opportunity to present their claims of potential torture first. The Supreme Court’s order is now in place while the litigation proceeds. Justices Sotomayor, Kagan, and Jackson dissented.

Update 23: On June 24, the administration filed an emergency motion asking the Supreme Court to clarify that its June 23 order staying a district court injunction also nullifies that court’s related enforcement orders. The administration argues that the district court defied the Supreme Court’s authority by continuing to enforce its injunction barring the removal of individuals with criminal convictions currently detained in Djibouti.

Update 24: On June 30, the First Circuit dismissed the appeal pursuant to DHS’s assented-to motion for voluntary dismissal.

Update 25: On July 3, the Supreme Court granted the administration’s request to clarify that its June 23 order fully blocks all components of a lower court’s injunction that had prevented the administration from removing immigrants to third countries without an opportunity to present their claims of potential torture first. In a 7–2 decision, the Court confirmed that the stay applies in full, including the district court’s related enforcement orders that had prevented the removal of eight migrants to South Sudan.

Update 26: On July 4, Judge Murphy denied an emergency motion to prevent the deportation of eight men to South Sudan. The petitioners filed a separate Habeas Corpus motion on July 3, which Judge Moss transferred from the D.C. District court to Massachusetts. Judge Murphy held that the Supreme Court’s order in DVD v. DHS is binding in the new petition as the petition is substantially similar to the previous case. DHS carried out the deportations on July 5.

Update 27: On July 15, the Plaintiffs moved for summary judgment.

Update 28: On Aug. 28, Judge Murphy published an indicative ruling signaling that he would dissolve the currently inoperative preliminary injunction against the administration that the Supreme Court stayed in June if the First Circuit were to remand the case to him for that purpose. The court noted that the case would benefit from the First Circuit’s appellate review and that “class members may be prevented from seeking viable relief, in and out of this litigation, because of the inoperative injunction.”

D.A. et al v. Noem et al (D.D.C.)

1:25-cv-03135

Complaint

2025-09-11Temporary Block of Government Action DeniedImmigration and CitizenshipDeportation to a Third Country/Torture Prohibition (ICE Email Directive on Expedited Removal and Nondetained Docket. Feb. 18, 2025)2025-12-08

On Sept. 5, 2025, five non-citizens detained in Immigration and Customs Enforcement (ICE) facilities who had previously been granted withholding of removal orders barring them from being sent to their countries of origin because of valid claims of possible persecution or torture were deported by ICE to Ghana. Plaintiffs, who are citizens of The Gambia and Nigeria and have no connection to Ghana, filed suit on Sept. 11 alleging that they are in imminent danger of being removed from Ghana to their countries of origin despite the prior immigration orders, and that one of them has already been deported onwards to his country of origin where he is now in hiding due to a fear of persecution or torture based on his sexuality. They contend that their removal was without notice or opportunity to be heard and in violation of their statutory and constitutional rights, and that removing them to Ghana with the intention that they could then be transferred on to their country of origin represents a circumvention of U.S. immigration law.

The Plaintiffs claim violations of their due process rights under the Fifth Amendment, the Administrative Procedure Act (APA) as arbitrary and capricious action, the Convention Against Torture (CAT) and the Withholding of Removal Statute, 8 U.S.C. § 1231(b)(3)(A) which prohibit the removal of a noncitizen to any country from which they have been granted deferral of removal unless such grant is formally terminated by lawful means, and a violation of the Freedom of Information Act , 5 U.S.C. § 552(a)(2), for failure to disclose any agreement between the defendant and the government of Ghana concerning the deportation of US Citizens. They seek an injunction barring their removal to their countries of origin, an order requiring their return to the United States and a declaration that they are entitled to a meaningful opportunity to pursue their fear-based claims prior to deportation, as well as an injunction against defendants using Ghana as a transit hub in removal proceedings.

Sept. 15, 2025: Judge Tanya Chutkin denied Plaintiffs’ motion for a temporary restraining order, finding that the court lacked jurisdiction because the Plaintiffs are now in the custody of the Ghanaian government. She noted that “despite facts in the record indicating that this agreement may have been designed to evade Defendants’ obligations to Plaintiffs”, her “hands were tied” as she does not have the power to make demands to the Ghanaian government or dictate the foreign policy actions of the administration. She differentiated the Plaintiffs’ request from the Abrego Garcia case since the Plaintiffs in this case were subject to a lawful removal order.

Dec. 8, 2025: The district court granted plaintiffs’ Sept. 15 emergency motion to unseal the government’s declaration by Senior Bureau Official Jonathan Pratt of the State Department’s Bureau of African Affairs, making public his account of the U.S. government’s diplomatic communications with Ghana about the removals and his statement that, beyond prior diplomatic assurances, he was not aware of any additional efforts to prevent plaintiffs’ onward removal from Ghana.

Pablo Pablo v. Lyons (W.D. Tex.)

3:25-cv-00566

Habeas petition

2025-11-18Government Action Temporarily BlockedImmigration and CitizenshipDeportation to a Third Country/Torture Prohibition (ICE Email Directive on Expedited Removal and Nondetained Docket. Feb. 18, 2025)2025-12-08

In 2013, an Immigration Judge (IJ) granted Faustino Pablo Pablo withholding of removal to Guatemala under the Convention Against Torture (CAT) pursuant to 8 U.S.C. § 1231(b)(3)(A), which prohibits removal to countries where the non-citizen’s life or freedom would be threatened. On November 14, 2013, Pablo Pablo was placed under an order of supervision by U.S. Immigration and Customs Enforcement (ICE). On December 26, 2024, he was convicted of violating the California Vehicle Code. Nearly a year later on November 5, 2025 he was detained by ICE at a supervision check-in appointment. On November 18, Pablo Pablo filed a petition for a writ of habeas corpus naming ICE and Department of Homeland Security officials as respondents. He subsequently was transported to a detention facility in Texas. On November 20, Pablo Pablo filed a motion for a preliminary injunction (PI) or temporary restraining order (TRO) to prevent his removal from the United States. That same day, the Texas district court ordered Respondents not to remove Pablo Pablo from the United States or transfer him out of the court’s jurisdiction, but he had already been removed to Guatemala by the time the court issued the order.

On December 5, granted in part Pablo Pablo’s motion for a TRO and ordered Respondents to return him to the United States by December 12 and to provide daily status updates until they complied. The court noted that Pablo Pablo had been deported to Guatemala in violation of the IJ’s 2013 order, finding that the petitioner “shown it is more likely than not that he will be tortured by, or with the consent or acquiescence of, the Guatemalan government,” and that his removal to Guatemala had therefore been unlawful. On December 12, Respondents filed a declaration informing the court that Pablo Pablo had arrived in the United States on December 11. On December 16, the court ordered Pablo Pablo to file a status report by December 19, 2025 identifying any remaining issues for the court to resolve.

Solutions In Hometown Connections v. Noem (D. Md.)

8:25-cv-00885

Complaint

Amended Complaint 2025-04-25

2025-03-17Temporary Block of Government Action DeniedImmigration and CitizenshipFunding Freeze for Immigration Services (Executive Order 14159) (Sec. of Homeland Security Memorandum Directive Jan. 28, 2025)2025-06-10

Plaintiffs, a group of nonprofit organizations, are challenging actions taken by the Department of Homeland Security (DHS) to indefinitely freeze grants for nonprofits that help prepare lawful permanent residents for citizenship. They argue that the freeze, implemented by DHS Secretary Kristi Noem, via a memorandum directive, in response to an executive order from President Donald Trump, is arbitrary and capricious, and has caused significant harm to their operations, including layoffs and program cuts. They argue that the funding freeze violates the Administrative Procedure Act, the Homeland Security Act, and Due Process under the Fifth Amendment. They seek declaratory and injunctive relief to lift the freeze, restore their funding, and prevent further harm.

Update 1: On Mar. 25, Plaintiffs submitted a motion for a temporary restraining order (TRO) and preliminary injunction.

Update 2: On Mar. 28, Plaintiffs informed the Court that Defendants sent grant termination letters to Plaintiffs the previous day (Mar. 27). These letters noted the termination was effective immediately.

Update 3: On Apr. 1, Defendants filed their opposition to Plaintiffs’ motion for a TRO and a preliminary injunction.

Update 4: On Apr. 4, Plaintiffs’ submitted a reply in support of their motion for a TRO and preliminary injunction.

Update 5: On Apr. 8, Judge Lydia Griggsby denied Plaintiffs’ motion for a TRO and preliminary injunction for most plaintiffs, but held the motion in abeyance for the Immigrant Law Center of Minnesota. In the related opinion issued on Apr. 14, Judge Griggsby found Plaintiffs had not demonstrated a substantial likelihood of success on the merits of their APA claims due to a lack of jurisdiction.

Update 6: On Apr. 25, Plaintiffs filed an amended complaint. On that same day, Plaintiffs also filed a motion for a preliminary injunction.

Update 7: On May 6, Defendants filed their opposition to Plaintiffs’ preliminary injunction motion. On May 12, Plaintiffs replied in support of their preliminary injunction motion.

Update 8: On May 20, Judge Griggsby denied Plaintiffs’ preliminary injunction motion and on May 29 issued a memorandum opinion affirming the denial of the preliminary injunction.

Update 9: On June 2, Plaintiffs filed a notice of appeal to the Fourth Circuit from the district court’s May 20 order denying their motion for a preliminary injunction..

Update 10: On June 10, Judge Griggsby granted the parties’ joint motion to stay the district court proceedings pending the decision from the Fourth Circuit.

Organized Communities Against Deportations et al v. Benjamine Huffman (Acting Secretary of Homeland Security) et al (N.D. Ill.)

1:25-cv-00868

Complaint

2025-01-25Case ClosedImmigration and CitizenshipImmigration Policy - Punishment of Sanctuary Cities and States (Executive order 14159) (DOJ “Sanctuary Jurisdiction Directives“ (Feb. 5, 2025))2025-02-26

Acting Attorney General Benjamine Huffman issued policy guidance that, among other immigration-related policies, instructs the Civil Division of the Department of Justice “to identify state and local laws, policies, and activities that are inconsistent with Executive Branch immigration initiatives and, where appropriate, to take legal action to challenge such laws.” The plaintiffs, Chicago-based immigrant-advocacy organizations, allege that the guidance, and subsequent raids “specifically for the purpose of ending the Plaintiffs’ Sanctuary City advocacy and movement building,” violate the Administrative Procedure Act and the First Amendment. The lawsuit seeks an injunction against the Department of Justice’s guidance.

Update 1: On Jan. 29, Plaintiffs requested the Court’s permission to withdraw their pending motions for a Temporary Restraining Order and Preliminary Injunction. Plaintiffs noted its motions were to prevent federal officials from threatening or executing unlawful Chicago-based immigration raids. In light of Defendants’ launching such raid, Plaintiffs note the relief to which they may be entitled has changed.

Update 2: On Feb. 26, Plaintiffs voluntarily dismissed their claims without prejudice, citing this action as “no longer the appropriate forum to seek relief.” The judge dismissed the case without prejudice.

City and County of San Francisco v. Donald J. Trump, et al (N.D. Cal.)

3:25-cv-01350

Complaint

2025-02-07Government Action Temporarily BlockedImmigration and CitizenshipImmigration Policy - Punishment of Sanctuary Cities and States (Executive order 14159) (DOJ “Sanctuary Jurisdiction Directives“ (Feb. 5, 2025))2025-10-07

Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum. The district court granted a preliminary injunction to block the government from freezing and withholding federal funds and later clarified that this block is applicable to Executive Orders (EOs) and government actions that postdate the block. The plaintiffs include various cities and counties. They sued on the grounds that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. The lawsuit seeks a declaration that the executive order is unconstitutional and a permanent injunction on any effort to enforce the provisions withholding funding.

Update 1: On Mar. 17, Plaintiffs filed a motion requesting a preliminary injunction. On Mar. 31, Defendants filed their opposition to the motion for preliminary injunction. On Apr. 7, Plaintiffs filed an additional reply in support of their request for a preliminary injunction.

Update 2: On Apr. 24, Judge William Orrick granted a preliminary injunction.

Update 3: On May 3, Judge Orrick issued a further order explaining the reasoning behind his preliminary injunction, including the basis for “the Cities and Counties’ well-founded fear of enforcement” and his determination that the potential for irreparable harm justifies a preliminary injunction.

Update 4: On May 5, Plaintiffs filed a motion to enforce the preliminary injunction order, or in the alternative modify it, to prevent Defendants from withholding, conditioning, or freezing funds to Plaintiffs under EO 14287 (a new EO that was signed on Apr. 28 after the preliminary injunction was issued). Defendants filed their opposition to this motion on May 7, urging the court to deny Plaintiffs’ new motion because EO 14287 falls outside of the four corners of the complaint.

Update 5: On May 9, Judge Orrick clarified that Defendants could not use EO 14287 or other Government action that postdates the preliminary injunction as a workaround to the preliminary injunction order. The preliminary injunction order should be read to apply to “any Executive Order or agency directive that purports to attempt to cut off federal funding from States or localities that meet the Government’s definition of ‘Sanctuary’ jurisdiction” in the “unconstitutional manner threatened by [EOs 14159 and 14218].”

Update 6: On August 7, Plaintiffs filed a significantly amended complaint in which they added numerous cities and counties as additional plaintiffs. Plaintiffs also expand their allegations to include the unconstitutionality of two additional EOs issued since the original EO (No. 14,159) that the lawsuit initially addressed, including EO No. 14, 218 (“which targets such jurisdictions by directing all executive departments and agencies to ensure that “Federal payments to States and localities do not . . . abet so-called ‘sanctuary’ policies,””) and No. 14,287 (“which directs all executive departments and agencies “in coordination with the Director of the Office of Management and Budget” to “identify appropriate Federal funds to sanctuary jurisdictions, including grants and contracts, for suspension or termination.””), as well as Secretary Kristi Noem’s February 19, 2025 memo directing DHS to cease providing federal funding to sanctuary jurisdictions and to make criminal referrals to DOJ. The amended complaint expands Plaintiffs’ prayer for relief to include the two additional EOs and Secretary Noem’s directive.

Update 7: On Aug. 22, Judge Orrick granted a motion to add 34 more cities and counties as plaintiffs to the case and extended the current preliminary injunction to include them. The order prevents the administration from freezing federal funding to those cities and counties due to their status as ‘sanctuary cities.’

Update 8: On Oct. 7, the case was consolidated with County of Santa Clara v. Noem (N.D. Cal.) Case No. 3:25-cv-08330.

City of Chelsea v. Trump (D. Mass.)

1:25-cv-10442

Complaint


Amended Complaint 2025-05-31

2025-02-23Temporary Block of Government Action DeniedImmigration and CitizenshipImmigration Policy - Punishment of Sanctuary Cities and States (Executive order 14159) (DOJ “Sanctuary Jurisdiction Directives“ (Feb. 5, 2025))2025-10-02

Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum. Plaintiffs, two Massachusetts cities that identify as a “sanctuary city” and a “welcoming community,” allege that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. They seek declaratory judgment that the executive order and DOJ memo are statutorily unlawful and unconstitutional and that the cities are not criminally liable under the policies, and preliminary and permanent injunctions against implementation of the executive order and DOJ memo.

May 31, 2025: Plaintiffs filed an amended complaint seeking additional declaratory relief that plaintiffs’ policies are not “sanctuary policies” under the Subsidization EO and that plaintiffs are not "Sanctuary Jurisdictions” under the Designation EO.

June 3, 2025: Plaintiffs filed a motion for preliminary injunction.

Oct. 2, 2025: The court denied the Plaintiff's motion for a preliminary injunction.

Pineros Y Campesinos Unidos Del Noreste v. Noem (D. Or.)

6:25-cv-00699

Complaint

2025-04-28Awaiting Court RulingImmigration and CitizenshipImmigration Policy - Punishment of Sanctuary Cities and States (Executive order 14159) (DOJ “Sanctuary Jurisdiction Directives“ (Feb. 5, 2025))2025-11-25

Acting DHA Secretary Benjamine Huffman issued a memo on January 20, 2025 (the “2025 Huffman Memo”) eliminating three decades of immigration enforcement policy which included the designation of protected areas, approval requirements and exigent circumstances required for enforcement, and public-interest sensitivities. The Plaintiffs represent several religious organizations from across the United States which believe their purposes and missions are being thwarted by the policy change, as spaces of religious sanctity are no longer safe from federal immigration enforcement. They allege that the new policy violates the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act as the 2025 Huffman Memo is “arbitrary, capricious, an abuse of discretion and otherwise not in accordance with law.” The Plaintiffs seek declaratory and injunctive relief.

July 21, 2025: Defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim for which relief can be granted.

Oct. 10, 2025: The court orders an administrative stay of proceedings for 30 days.

Nov. 25, 2025: The court lifts administrative stay of proceedings.

State of Illinois v. Noem (D.R.I.)

1:25-cv-00495

Complaint

2025-09-29State A.G. PlaintiffsGovernment Action Temporarily BlockedImmigration and CitizenshipImmigration Policy - Punishment of Sanctuary Cities and States (Executive order 14159) (DOJ “Sanctuary Jurisdiction Directives“ (Feb. 5, 2025))2025-12-22

The U.S. Department of Homeland Security (“DHS”) and its sub-agency, the Federal Emergency Management Agency (“FEMA”) administer the Nation’s emergency management funds. On January 20, 2025, President Trump issued Executive Order (EO)14159, titled “Protecting the American People Against Invasion”, which expressly directed DHS to “ensure that so-called ‘sanctuary’ jurisdictions do not receive access to Federal funds.” After a court permanently enjoined DHS and FEMA from enforcing immigration related conditions in order to receive federal funds, on Sept. 27 DHS issued formal award notifications for FEMA’s largest grant program—the Homeland Security Grant Program (HSGP), which totals approximately $1 billion in funds annually for state and municipal efforts to “prevent, prepare for, protect against, and respond to acts of terrorism – which significantly reduced the allocations to numerous states while increasing it to others. On Sept. 29, a collection of 11 States and the District of Columbia filed a complaint alleging that the reallocation was directed at “sanctuary” States who have chosen to limit their engagement in the enforcement of federal immigration law and claiming that the reallocation decision was unlawful. The complaint alleges violations of the Administrative Procedure Act (APA) as arbitrary and capricious, in excess of statutory authority and without observance of required procedures, as well as violations of the Spending Clause and principles of equal sovereignty. They seek declaratory and injunctive relief, including a temporary restraining order requiring DHS to rescind the awards and suspend the Sept. 30 statutory lapse of funds.

Sept. 30, 2025: Judge Mary McElroy issued a temporary restraining order on Sept. 30 that suspends the statutory lapse of funds to “preserve the status quo” while litigation continues.

Dec. 22, 2025: Judge McElroy granted Plaintiffs’ motion for summary judgment and denied Defendants’ cross-motion for summary judgment. Judge McElroy declared unlawful and vacated the Reallocation Decision, Performance Period Decision, and Population Certification Requirement and directed Defendants to amend awards issued to Plaintiffs to bring them into conformity with the 2025 HSGP and EMPG NOFOs.

State of New York v. Noem (S.D.N.Y.)

1:25-cv-08106

Complaint

2025-09-30State A.G. PlaintiffsGovernment Action BlockedImmigration and CitizenshipImmigration Policy - Punishment of Sanctuary Cities and States (Executive order 14159) (DOJ “Sanctuary Jurisdiction Directives“ (Feb. 5, 2025))2025-10-16

The State of New York filed suit against the Department of Homeland Security and the Federal Emergency Management Agency to challenge their decision to cut the Metropolitan Transit Authority’s $33 million grant under the Transit Security Grant Program (TSGP), which was created by Congress to fund states to protect sensitive transit networks against various kinds of threats, improve evacuation systems, and improve transit security. Plaintiffs claim that the grant was cut on the grounds that New York is a “Sanctuary Jurisdiction” and for its failure to commit sovereign law enforcement resources to supplement the federal government's immigration enforcement and allege that Defendants acted in violation of the Administrative Procedure Act because their actions are arbitrary and capricious, contrary to the law, and in excess of statutory authority. They further allege that Defendants acted ultra vires and in violation of the equal sovereignty principle under the Constitution. Plaintiffs seek declaratory and injunctive relief.

Sept. 30, 2025: New York filed an emergency motion for a TRO after the administration retracted the grant on the final day of the federal fiscal year and on Oct. 1, District Court Judge Lewis Kaplan granted a Temporary Restraining Order blocking the Department of Homeland Security from retracting New York’s TSGP funding. Judge Kaplan noted that a related ruling in Illinois v. FEMA permanently enjoins DHS from enforcing immigration-related conditions on federal grants.

Oct. 15, 2025: Judge Kaplan consolidated Plaintiff's motion for a preliminary injunction with the trial on the merits.

Oct. 16, 2025: Judge Kaplan issued a memorandum opinion granting a permanent injunction and ordering DHS and FEMA to restore all 2025 Transit Security Grant Program funds to the Metropolitan Transportation Authority (MTA). The court found that the Trump administration’s decision to withhold the MTA’s anti-terrorism grant because New York City is a “sanctuary city” was arbitrary, capricious, and unlawful under the Administrative Procedure Act. The court found that Congress required such grants to be awarded “solely based on risk,” and that FEMA’s reliance on immigration policy violated that mandate. Rejecting the government’s claims of mootness and sovereign immunity, the court ruled that funds obligated but not yet disbursed remained available for judicial relief, and that the government’s own restoration of other security grants to New York undermined its defenses. The decision compels DHS to disburse the full funding amount to the MTA.

Global Nurse Force v. Trump (N.D. Cal.)

4:25-cv-08454

Complaint


Amended Complaint


2025-12-18

2025-10-03Awaiting Court RulingImmigration and CitizenshipVisa Policy2025-10-03

On October 3, a coalition of unions, higher education professionals, and religious organizations filed a complaint challenging President Trump’s September 2025 Proclamation imposing new restrictions on the H-1B visa program for highly skilled foreign workers, including a $100,000 fee on all new petitions filed by U.S. employers seeking to hire through the program. Plaintiffs argue that the healthcare industry, education system, academic and research institutions, and religious communities will all suffer as a result of the inability to fill hiring gaps that require foreign labor.

Plaintiffs allege that President Trump acted ultra vires and in excess of any statutory authority under the Immigration and Nationality Act, and that the executive agency defendants acted contrary to the law, in excess of statutory authority, and arbitrarily and capriciously in violation of the Administrative Procedure Act (APA) when implementing the Proclamation. Plaintiffs further allege that the agency defendants violated the APA because they failed to conduct notice and comment, and the Regulatory Flexibility Act because they failed to publish an initial regulatory flexibility analysis to describe the impact of the rule on small entities. Plaintiffs seek declaratory and injunctive relief invalidating the Proclamation and enjoining its enforcement.

Chamber of Commerce of the United States of America v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-03675

Complaint

Amended Complaint

2025-10-24

2025-10-16Government Action Not Blocked Pending AppealImmigration and CitizenshipVisa Policy2025-12-29

On Oct. 16, 2025, the Chamber of Commerce filed a complaint challenging President Trump’s September 2025 Proclamation imposing new restrictions on the H-1B visa program for highly skilled foreign workers, including a $100,000 fee on all new petitions filed by U.S. employers seeking to hire through the program. Plaintiff, a business federation, argues its members are harmed by the imposition of the new fee because they must either dramatically increase the resources dedicated to hiring or reduce or entirely forgo hiring highly skilled foreign workers for which there are not easily available domestic replacements.

Plaintiff alleges that the new rule is ultra vires because it exceeds the President’s statutory authority under the Immigration and Nationality Act and any agency action to implement it would consequently also be ultra vires. It also alleges that agency action implementing the proclamation is arbitrary and capricious and contrary to the law under the Administrative Procedure Act. Plaintiff seeks declaratory and injunctive relief invalidating the Proclamation and enjoining its enforcement.

Oct. 24, 2025: Plaintiffs filed an amended complaint to add the Association of American Universities as a Plaintiff.

Oct. 29, 2025: The district court denied the Defendants’ motion to stay, noting that a lapse in appropriations is not sufficient reason to stay the case given that government attorneys are permitted to work through the shutdown and members of the Plaintiff organizations allege present harm and are entitled to prompt adjudication of their claims.

Dec. 23, 2025: Judge Howell denied Plaintiffs’ motion for summary judgment, granted defendants’ cross-motion for summary judgment, and denied Defendants’ motion to dismiss as moot. The court found that “[t]he Proclamation and its implementation are lawful and therefore withstand plaintiffs’ challenges as ultra vires and violative of the APA.”

Dec. 29, 2025: Plaintiffs appealed to the D.C. Circuit.

International Union, United Automobile, Aerospace & Agricultural Implement Workers of Am. (UAW3) v. U.S. Department of State (S.D.N.Y.)

1:25-cv-08566

Complaint

2025-10-16Awaiting Court RulingImmigration and CitizenshipVisa Policy2025-10-16

On Oct. 16, 2025, three major U.S. labor unions—the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”); Communications Workers of America (“CWA”); and American Federation of Teachers (“AFT”)—filed a complaint challenging a Trump administration interagency initiative to surveil noncitizens lawfully present in the United States (the “Challenged Surveillance Program”). The Challenged Surveillance Program is led by the State Department and Department of Homeland Security and pursued under Executive Orders (EO’s) 14161 and 14188.

Plaintiffs allege the program uses AI-driven social media monitoring to identify and punish noncitizens who express viewpoints the government disfavors, such as criticism of U.S. policy or the Trump administration, support for Palestinian rights, or statements perceived as anti-Israel, antisemitic, or anti-American, and to coerce silence through threats of visa revocation, deportation, or immigration confinement. Plaintiffs claim the program is carried out through the State Department’s “Catch and Revoke” initiative, which involves identifying noncitizens expressing disfavored viewpoints and revoking their visas, and DHS’s online surveillance units. Plaintiffs argue that the Challenged Surveillance Program injures them because it has caused their members to limit their involvement with the Plaintiff unions and has compelled them to divert resources to protect their chilled members.

Plaintiffs allege that the Challenged Surveillance Program violates the First Amendment because it is a form of viewpoint discrimination, involves coercive threats against those who express disfavored views, violates the rights of association and anonymity, and violates the right to receive information. Plaintiffs further argue that the Challenged Surveillance Program is arbitrary and capricious agency action, exceeds authority, and is contrary to the law in violation of the Administrative Procedure Act. They seek declaratory and injunctive relief barring the government from continuing the surveillance and retaliatory enforcement.

United Farm Workers v. United States Department of Labor (E.D. Cal.)

1:25-at-01137

Complaint

2025-11-21Awaiting Court RulingImmigration and CitizenshipVisa Policy2025-11-21

On November 21, 2025, United Farm Workers (UFW), the UFW Foundation, and 18 individual farmworkers sued the Department of Labor (DOL), Secretary of Labor Lori Chavez-DeRemer, and Acting Assistant Secretary for Employment and Training Lori Frazier Bearden over its October 2 H-2A interim final rule (IFR) for the visa program for temporary agricultural workers. Pursuant to 8 U.S.C. § 1188(a)(1)(B), DOL is authorized to permit U.S. employers to hire temporary non-U.S. citizen farmworkers as long as doing so “will not adversely affect the wages and working conditions of workers in the United States similarly employed.” Historically, DOL has set a minimum wage for temporary agricultural workers based on what U.S. farmworkers would have received on the market without the visa program. The IFR adopted a new methodology for calculating the minimum wage U.S. employers are required to pay temporary agricultural workers under the H-2A visa program. Plaintiffs allege that this new methodology would reduce the wages for temporary agricultural workers as well as the wages paid to U.S. farmworkers resulting in an “adverse effect” in violation of 8 U.S.C. § 1188. They further allege that the IFR is contrary to law, arbitrary and capricious, and improperly put in place without adequate notice-and-comment procedures in violation of the Administrative Procedure Act (APA). Plaintiffs seek preliminary and permanent injunctions to prevent Defendants from implementing or otherwise enforcing the IFR and directing them to set minimum wages for temporary agricultural workers that comply with statute, an order vacating and setting aside the IFR, and a declarative judgment that the IFR violates the APA.

State of California v. Noem (D. Mass.)

1:25-cv-13829

Complaint

2025-12-12State A.G. PlaintiffsAwaiting Court RulingImmigration and CitizenshipVisa Policy2025-12-12

On Dec. 12, a coalition of 37 Plaintiff States filed a complaint challenging the Trump administration’s changes to the H-1B visa program in September 2025 via Proclamation 10973, including a $100,000 supplemental fee imposed on all new H-1B visa petitions. Plaintiffs claim violations of the Administrative Procedure Act (APA), specifically that the changes failed to observe procedure required by law under the APA, were enacted in excess of statutory authority, and were arbitrary and capricious. Additionally, plaintiffs claim the changes constituted ultra vires acts in excess of statutory authority under the Immigration and Nationality Act. Plaintiffs seek declaratory and injunctive relief against enforcement of Proclamation 10973, and reasonable attorneys fees.

Angelica S. v. Dept of Health and Human Services (D.D.C.)

1:25-cv-01405

Complaint

2025-05-08Government Action Temporarily Blocked in Part; Temporary Block Denied in PartImmigration and CitizenshipPolicy on Unaccompanied Minors2025-08-14

On Mar. 24, the Department of Health and Human Services (“HHS”) issued an Interim Final Rule (“IFR”) rescinding the portions of 45 C.F.R. § 410.1201(b) related to denying the sponsorship of unaccompanied children currently in federal immigration custody in the US to family sponsors based on the family members’ immigration status and information collection for immigration enforcement purposes. A number of nonprofit organizations brought a class action lawsuit on behalf of children in federal immigration custody who have not been released to a sponsor because of ORR’s new documentation requirements, and a nonprofit organization which is now unable to advocate for their immigrant clients because of the IFR and ORR’s policy changes. Plaintiffs assert that the IFR and new sponsorship requirements violate several sections of the APA: they were issued without observance of procedure required by law, they were contrary to law and beyond statutory authority, they violate constitutional rights, and are arbitrary and capricious. Plaintiffs ask the Court to certify the class action, to hold unlawful and set aside the IFR and the Mar. 7 and Apr. 15, revisions of the ORR Policy Guide Section 2.2.4, and to enter enter a preliminary injunction either staying the effective date of the IFR or prohibiting ORR from enforcing its new identification requirements.

Update 1: On June 9, the court granted the Plaintiffs’ motion for class certification. Further, the court granted in part and denied in part the Plaintiffs’ motion for a preliminary injunction, enjoining the new proof of identification and income requirements but denying an injunction on the Interim Final Rule.

L.G.M.L. v. Noem (D.D.C.)

1:25-cv-02942

Complaint

2025-08-31Government Action Temporarily BlockedImmigration and CitizenshipPolicy on Unaccompanied Minors2025-09-18

Under the Trafficking Victims Protection Reauthorization Act of 2008, (TVPRA), 8 U.S.C. § 1232, Congress established substantive and procedural protections for unaccompanied minors seeking refuge in the United States, including the requirement that all unaccompanied children—regardless of the circumstances of their arrival to the United States— must receive a hearing on claims for relief before an immigration judge as well as mandatory access to counsel. Additionally, under the Immigration and Nationality Act (INA) 8 U.S.C. § 1229a, only an immigration judge may agree to an unaccompanied minor’s voluntary departure. The TVPRA also requires that these minors must be under the care of the Office of Refugee Resettlement (ORR), which must follow specific requirements designed to protect the best interest of the child.

On August 29, the Trump administration reportedly identified a group of unaccompanied Guatemalan children in government custody, the majority of whom were in ORR custody while awaiting hearings before immigration courts, to potentially deport as a part of a first of its kind pilot program through an agreement negotiated with the Guatemalan government. On August 31, Plaintiffs filed a class action complaint seeking to represent all Guatemalan unaccompanied minors in ORR custody who are not subject to an executable final order of removal. Plaintiffs allege that there are no indications that the government is complying with the obligations outlined above to provide access to counsel or with mandated safeguards it must implement before children agree to voluntary departure. They claim that the attempt to remove them before they have completed legally mandated immigration proceedings and without access to counsel violates the TVPRA, 8 U.S.C. § 1232, equal protection and due process under the Fifth Amendment, and the Accardi Doctrine which holds that government agencies are bound to follow their own rules, even self-imposed procedural rules that limit otherwise discretionary decisions. They also allege violations of the INA, 8 U.S.C. § 1101 and 8 U.S.C. § 1158, which provide all aliens with various statutory protections and the right to apply for asylum, and violation of the Foreign Affairs Reform and Restructuring Act of 1998 (FARRA), 8 U.S.C. § 1231, which provides safeguards to ensure that noncitizens are not returned to a country where they might face torture.

The Plaintiffs seek a temporary restraining order to preserve the status quo, an injunction preventing Defendants from transferring children from ORR custody unless granted by an immigration judge, and declaratory relief that Plaintiffs are entitled to proceedings before an immigration judge.

Update 1: Shortly after the complaint was filed on August 31, Judge Sparkle Sooknanan granted an immediate TRO to maintain the status quo and ordered that the Plaintiffs can not transfer or remove any member of the putative class for 14 days. She also required that the Defendants file status reports confirming that all Plaintiffs had been removed from any planes and were in the custody of ORR.

Update 2: On September 2, the case was assigned to Judge Timothy Kelly.

Update 3: On September 18, District Court Judge Kelly granted a preliminary injunction barring the government from transporting unaccompanied Guatemalan children out of the U.S. without first complying with the statutory procedures mandated by the Trafficking Victims Protection Reauthorization Act (“TVPRA”), which requires additional statutory safeguards when deporting children. She provisionally certified a narrower class than plaintiffs had initially sought, limited to unaccompanied Guatemalan children who have neither received a final removal order nor permission to voluntarily depart from the U.S. The court found that the government could not avoid the procedural requirements by calling the deportation a “reunification” instead of a “removal,” saying that the government’s justification for its actions “crumbled like a house of cards” and found “no evidence” that the children's parents sought their return.

Kettlewell v. Noem (D. Ariz.)

4:25-cv-00491

Complaint

2025-08-30Government Action Temporarily BlockedImmigration and CitizenshipPolicy on Unaccompanied Minors2026-01-02

On Aug. 30, Plaintiffs, 53 unaccompanied immigrant children (Plaintiff Children) from Guatemala appearing through retired Pima County Juvenile Court Commissioner Susan Kettlewell and the Florence Immigrant and refugee Rights Project, filed a sealed complaint for injunctive and declaratory relief as well as a motion for a temporary restraining order (TRO) and for a preliminary injunction against the Trump Administration. Plaintiffs allege that the Trump Administration had plans to imminently remove the Plaintiff Children to Guatemala despite a lack of valid removal orders and the designation of the children as unaccompanied immigrant children subject to protection under the Trafficking Victims Protection Reauthorization Act (TVPRA). Allegations against the Trump Administration include violations of the TVPRA, Immigration and Nationality Act (INA), Administrative Procedure Act (APA), and the Due Process Clause of the Fifth Amendment. Plaintiffs seek to enjoin the removal of these children, require Defendants to perform their statutory obligations under the TVPRA, and require Defendants to keep the Plaintiff children in the custody of the Office of Refugee Resettlement (ORR).

Aug. 31, 2025: District Court Judge Rosemary Márquez granted Plaintiffs’ TRO motion without notice. Judge Márquez enjoined the Trump Administration from removing the Plaintiff Children pending further order of the court. On that same day, Judge Márquez issued a further order after receiving notice that some of the Plaintiff Children may have been in the process of being removed at the time the TRO was issued. Judge Márquez ordered the immediate return of the Plaintiff children who were in the process of being removed.

Sept. 5, 2025: Plaintiffs filed an Amended Complaint with an attached new motion for a TRO and preliminary injunction which requested that the court enjoin the removal of four additional Guatemalan children and twelve Honduran children. Judge Márquez granted the TRO motion on Sept. 8, noting that the provisions of the Aug. 31 order still remained in full force and effect.

Sept. 11, 2025: Judge Márquez extended the Aug. 31 and Sept. 8 TRO orders through Sept. 26.

Sept. 25, 2025: Judge Márquez granted two preliminary injunctions blocking the removal of fifty-seven Guatemalan and twelve Hondurian children classified as unaccompanied alien minors. Plaintiffs argued that the TVPRA requires such children to be placed in formal removal proceedings and bars their removal absent an order from an immigration judge. The court agreed that plaintiffs were likely to succeed and emphasized that the administration had not coordinated with parents abroad, quoting the government counsel’s admission from oral arguments: “If it sounded like I was saying that we did anything to coordinate with the parents, that is not what I intended to say.” The court concluded, “whether plaintiffs would actually be reunited with a parent upon being transported out of the United States is dangerously unclear.”

Nov. 24, 2025: Defendants appealed the Sept. 25 preliminary injunction orders to the Ninth Circuit.

Jan. 2, 2026: The appeal of the Sept. 25 preliminary injunction orders was voluntarily dismissed.

A.C.R. v. Noem (E.D.N.Y.)

1:25-cv-03962

Complaint

2025-08-17Government Action Temporarily BlockedImmigration and CitizenshipPolicy on Unaccompanied Minors2025-11-19

[Coming soon - On Nov. 19, Judge Komitee granted in part plaintiff’s motion for a preliminary injunction. The court stayed USCIS’s June 2025 rescission of the Special Immigrant Juvenile Status Deferred Action program and granted limited individual injunctive relief to plaintiffs in removal proceedings.]

Make the Road New York et al v. Kristi Noem (Acting Secretary of Homeland Security) et al (D.D.C.)

1:25-cv-00190

Complaint 2025-01-22

Amended Complaint

2025-03-22

2025-01-22Government Action Blocked Pending AppealImmigration and CitizenshipImmigration Policy - Expedited Removal (Executive Order 14159)2025-11-22

Trump’s executive order directed the Department of Homeland Security to expand the use of expedited removal under the Immigration and Nationality Act (INA) to include noncitizens located anywhere in the U.S. who cannot prove they have been continuously present for more than two years. The plaintiff, Make the Road New York (MRNY), argues the rule violates the Fifth Amendment’s Due Process Clause, the INA, and the Administrative Procedure Act (APA) by subjecting individuals to summary deportation without adequate procedural safeguards. The suit claims the rule is arbitrary, exceeds statutory authority, and disregards legal and constitutional protections against wrongful removal.

Update 1: On Mar. 22, Plaintiff amended the complaint to include Mary and her son John as plaintiffs who were removed to Mexico following their expedited removal orders under the new rule expanding expedited removal. Plaintiffs allege the rule illegally authorizes expedited removal for noncitizens who filed affirmative applications for asylum as well.
Update 2: On Apr. 18, Defendants moved to dismiss Plaintiffs’ complaint. Defendants state that the legality of the expedited removal statute has long standing precedent and allege Plaintiffs’ claims are time-barred and outside the zone of interests.
Update 3: On May 12, Plaintiffs filed a response to the motion to dismiss, refuting the Defendants’ arguments and further arguing that the allegations supporting the Plaintiffs’ complaint are plausible.

Update 4: On June 10, the plaintiffs filed a motion to postpone agency action.

Update 5: On Aug. 29, Judge Jia Cobb granted the plaintiffs’ motion to postpone the action in a memorandum opinion and order.

Update 6: On Sept. 2, Defendants appealed Judge Cobb’s Aug. 29 decision to grant Plaintiffs’ motion to postpone the action to the D.C. Circuit.

Update 7: On Nov. 22, the D.C. Circuit, in a 2-1 decision, denied the motion for a stay pending appeal, except insofar as the district court’s order required changes to the procedures for determining credible fear of harm for individuals subject to expedited removal.

Amica Center for Immigrant Rights et al. v. U.S. Department of Justice (D.D.C.)

1:25-cv-00298

Complaint


First Amended Complaint 2025-04-18

Second Amended Complaint 2025-05-23

2025-01-31Government Action Not Blocked Pending AppealImmigration and CitizenshipAccess of Lawyers to Immigrants in Detention (Executive Order 14159)2025-07-14

In 2024, Congress appropriated funds for two immigration programs, the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH). On Jan. 22, 2025, the Department of Justice Executive Office for Immigration Review (EOIR) issued a stop-work order that halted funding for four programs providing legal resources to unrepresented people facing deportation. The EOIR action was taken purportedly to “audit” the programs pursuant to the Trump administration executive order. Nine advocacy and immigrant legal services organizations sued, arguing that terminating funding for the programs is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law under the Administrative Procedure Act (APA); violates the Appropriations Clause in the case of the LOP and ICH; and violates the First Amendment by denying the plaintiffs access to courthouses and immigration detention centers. The suit seeks a temporary restraining order and preliminary injunction and to enjoin the government from stopping the programs, refusing to spend appropriated funds, preventing the plaintiffs from accessing immigration courts houses and detention centers, and removing materials and posters the plaintiffs have posted in those locations. The district court ruled against the plaintiffs, but they have appealed that decision.

Update 1: Immediately after filing their complaint, Plaintiffs filed a motion for a temporary restraining order (TRO) and preliminary injunction, along with a supporting memorandum of law, on Jan. 31. Plaintiffs requested that the court order Defendants to block the enforcement of Executive Order (EO) 14159.

Update 2: On Mar. 5, Defendants filed their opposition to Plaintiffs’ motion for a TRO and preliminary injunction, asserting that Plaintiffs do not qualify for extraordinary relief and that their claims fail on the merits. Plaintiffs replied to this opposition on Mar. 13.

Update 3: On Apr. 14, Plaintiffs filed a renewed motion for a TRO and supporting memorandum. Defendants responded in opposition to the renewed motion the next day, asserting that Plaintiffs’ claims belong in the Court of Federal Claims.

Update 4: On Apr. 18, Plaintiffs filed an amended complaint, which included three new allegations: (1) APA Violation of the Trafficking Victims Protection Reauthorization Act (TVPRA); (2) violation of the separation of powers; and (3) an ultra vires violation.

Update 5: On Apr. 24, Defendants filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim for which relief can be granted. Defendants included a supporting memorandum for their motion.

Update 6: On May 2, Plaintiffs filed a motion for summary judgment and requested preliminary injunctive relief.

Update 7: On May 9, Plaintiffs filed a memorandum in opposition to the Motion to Dismiss, refuting Defendants’ claims and arguing that the Court does have jurisdiction, that the Programs’ termination is reviewable and that all of the Plaintiffs’ claims are viable.

Update 8: Also on May 9, Defendants filed a motion for summary judgment and opposition to plaintiffs’ motion for summary judgement and request for preliminary injunctive relief. They argue that the court lacks jurisdiction, that the APA claims fail for independent threshold reasons, and that Defendants are entitled to summary judgment. Further, they argue that any preliminary relief is unwarranted and if granted should be limited in scope.

Update 9: On May 12, Plaintiffs filed a memorandum in opposition to the Defendants’ motion for summary judgment and a motion for preliminary injunction.

Update 10: On May 23, Plaintiffs filed an <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.276998/gov.uscourts.dcd.276998.79.0.pdf">amended complaint that included additional facts, amended one claim for relief, and added three more, including a violation of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 and a separation of powers violation for usurping legislative function.

Update 11: On July 6, 2025, the Court denied the Plaintiff’s motion for summary judgment and a preliminary injunction and granted the Defendants’ motion for summary judgement with respect to (1) the Plaintiffs’ constitutional and non-statutory claims arising from the in-sourcing of LOP and LOPC, and (2) the Plaintiffs’ claims arising from the termination of ICH, FGLOP, and CCI. Further, the Court dismissed the remainder of the Plaintiffs’ claims without prejudice for lack of subject matter jurisdiction.

Update 12: On July 14, Plaintiffs filed an appeal with the Court of Appeals for the D.C. Circuit.

C.M. v. Noem (M.D. Fla.)

1:25-cv-23182

Complaint

2025-07-16Awaiting Court RulingImmigration and CitizenshipAccess of Lawyers to Immigrants in Detention (Executive Order 14159)2025-11-17

On June 23, 2025, the state of Florida began construction of what is known as “Alligator Alcatraz,” a temporary civil immigration detention facility located on an abandoned airport runway in the Florida Everglades with the capacity to hold approximately 3,000 people. The first group of detainees arrived at Alligator Alcatraz on July 3. Plaintiffs, consisting of several detainees, immigration law firms, and legal services organizations, filed a class action lawsuit on July 16 alleging that restricting the detainees in Alligator Alcatraz from accessing counsel violates the First Amendment, and that failing to identify which immigration court has jurisdiction over the facility violates Due Process. Plaintiffs seek declaratory and injunctive relief, asking for the administration to facilitate attorney-client communication and publicly indicate which immigration court has jurisdiction over Alligator Alcatraz. Plaintiffs also filed an expedited motion for a temporary restraining order (TRO) and preliminary injunction on July 17, seeking to ensure that people held in the facility have access to counsel and the ability to file petitions and documents with the proper immigration court.

Update 1: On July 17, Plaintiffs filed a motion for class certification and supporting memorandum. Plaintiffs requested that class certification be granted to “[a]ll persons who are currently, or in the future, held at the Alligator Alcatraz detention facility.” Plaintiffs also requested that provisional class certification be granted in connection with a TRO or preliminary injunction.

Update 2: On July 23, the court denied the Plaintiffs’ request for a temporary restraining order and preliminary injunction, directing plaintiffs to refile in accordance with local rules and to further clarify for whom relief is sought.

Update 3: On Aug. 12, the court approved the parties’ stipulation dismissing all claims against Defendant Sherea Green without prejudice.

Update 4: On Aug. 18, the court dismissed Count V and granted the State Defendants’ motion to transfer venue to the Middle District of Florida. The case was subsequently closed, and the transferred case docketed as Case No. 2:25-cv-00747.

Update 5: On Sept. 4, the district court found Plaintiffs’ earlier motions (in 1:25-cv-23182) for class certification and preliminary injunction to be “stale,” struck both motions, and directed the parties to refile them.

Update 6: On Sept. 11, Plaintiffs filed an amended complaint, along with renewed motions for class certification and for a preliminary injunction.

Update 7: On Nov. 17, the district court denied Defendants’ motions to dismiss as unripe.

American Gateways v. U.S. Department for Justice (D.D.C.)

1:25-cv-01370

Complaint

2025-05-05Government Action Temporarily BlockedImmigration and CitizenshipAccess of Lawyers to Immigrants in Detention (Executive Order 14159)2025-10-27

Since 2013, the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), and Department of Homeland Security (DHS) have collaborated on a nationwide National Qualified Representative Program (NQRP) to provide legal counsel for detained noncitizens found to be mentally incompetent. On April 25, 2025, EOIR announced that NQRP would no longer be available nationwide but rather limited it to individuals covered by a class action designation in three states (Arizona, California, and Washington). On May 5, 2025, a group of nine non-profit organizations that have received appointments and funding from EOIR challenged the termination of the nationwide program, which they argue unduly burdens existing attorney-client relationships. Plaintiffs allege the termination of NQRP violates the Administrative Procedure Act (APA) as arbitrary and capricious, contrary to the Immigration and Nationality Act, Rehabilitation Act, and Due Process, and violates the Accardi Doctrine. Plaintiffs seek declaratory and injunctive relief enjoining Defendants from terminating NQRP and its associated funding.

Update 1: On Jul. 21, Judge Ali granted a preliminary injunction blocking the administration from terminating the NQRP. The court found that the termination of the program is likely arbitrary and capricious under the APA, and the court is empowered to “set aside” such agency action. The court also denied defendants’ motion to dismiss as to Count I of the complaint and held it in abeyance as to Counts II and III.

Update 2: On Sept. 16, the court construed the parties’ Aug. 25 joint status report as a joint motion to voluntarily remand the case to the Executive Office for Immigration Review (EOIR) for further decisionmaking, granted the motion, remanded the matter to EOIR, and stayed district court proceedings during the remand while leaving the preliminary injunction in place and retaining jurisdiction.

Update 3: On Oct. 27, the court issued a minute order noting its July 21 decision denying defendants’ motion to dismiss Count I and holding Counts II and III in abeyance, and its Sept. 16 order remanding the case to EOIR. In light of the remand, the court denied the remainder of defendants’ motion to dismiss without prejudice to renewal after remand and confirmed that proceedings in the district court remain stayed.

CLEAR Clinic v. Noem (D. Or.)

6:25-cv-01906

Complaint 2025-10-16


First Amended Complaint 2025-11-12

2025-10-16Temporary Block of Government Action DeniedImmigration and CitizenshipAccess of Lawyers to Immigrants in Detention (Executive Order 14159)2025-11-12

As a result of the administration’s push to increase deportations of noncitizens, starting in July 2025 agents from agencies under the control of the Department of Homeland Security (DHS) have conducted widespread stops, arrests, and detentions of individuals across Oregon. On Oct. 16, a nonprofit organization providing free legal services to Oregonians and a membership organization largely consisting of farmworkers and Latino working families filed suit alleging that Defendants have repeatedly held individuals incommunicado, despite attempts by counsel to meet with them at ICE field office sites, and then rapidly transferred them out of the state. Plaintiffs contend that ICE has maintained a policy, pattern, and practice of denying attorneys access to prospective and existing clients, restricting attorney presence during interactions between ICE and their clients, and undertaking rapid transfers and deportations of detained individuals without allowing them access to attorneys. They claim violations of the Fifth Amendment right to access to counsel, the First Amendment right to hire, consult, and communicate with counsel, the First Amendment right to advise potential and existing clients, and the Administrative Procedure Act (APA) as not in accordance with law and in excess of statutory authority, and seek declaratory and injunctive relief vacating Defendants’ policies and practices. On the same day, Plaintiffs filed a motion for a temporary restraining order.


Oct. 29, 2025: Judge Aiken denied Plaintiffs’ motion for a preliminary injunction, finding that while Plaintiffs presented evidence suggesting potential violations of “constitutional rights or conflict with Defendants’ own rules and regulations,” the record did not “clearly favor” Plaintiffs’ position enough to grant the motion at this stage in the litigation. Defendants argued that ICE has no long-term detention centers in Oregon and thus acts immediately to transfer detainees out of state, maintaining that any denials of access to counsel were “isolated and short-term” and occurred for “legitimate” logistical reasons. The court allowed Plaintiffs two weeks to submit a renewed motion for a preliminary injunction addressing Defendants’ arguments and scheduled an evidentiary hearing for Dec. 12.

Nov. 12, 2025: Plaintiffs filed their first amended complaint.

J.O.P. v. U.S. Department of Homeland Security (D. Md.)

8:19-cv-01944

Motion to enforce Apr. 14, 2025

(Original complaint filed July 1, 2019)

2019-07-01Government Action Blocked Pending AppealImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-11-20

On July 1, 2019, four undocumented immigrants who were determined to be an “Unaccompanied Alien Child” (UAC) when entering the United States and later sought asylum sued the Department of Homeland Security (DHS), the U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE), claiming that recent policy modifications by the USCIS governing treatment of an asylum application by a UAC violated the APA, the Immigration and Nationality Act, and the Due Process Clause. The Court entered a temporary restraining order which was then converted into a preliminary injunction, and the parties reached a final settlement agreement (Settlement Agreement) which was approved by the court on Nov. 25, 2024. The Settlement Agreement provided that the government cannot remove a certified class of UAC asylum seekers, whose asylum application is pending with USCIS, before the final resolution of the application by USCIS. On March 15, 2025, President Trump issued a Proclamation titled Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua,(TdA) which asserted that under the Alien Enemies Act (AEA), any Venezuelan citizens 14 years of age or older who are members of TdA can be apprehended, detained, and removed. Plaintiff is a 20-year-old Class Member from Venezuela who was determined by federal immigration officials to be a UAC when he entered the U.S. He filed an asylum application with the USCIS in December 2022 when he was 18, which remains pending. ICE took him into custody in January 2025 and commenced removal proceedings against him. At a hearing on March 26, the immigration judge continued his removal proceedings and scheduled a hearing for May 2025. However, on April 11 the Defendants informed his counsel that he had been removed to El Salvador on March 15. Defendants argued that the Plaintiff was not a Class Member by virtue of being subject to the AEA and thus not eligible for asylum. On Apr. 14, counsel for the Class Members filed an Emergency Motion to Enforce the Settlement Agreement, with accompanying Memorandum in Support, seeking to remedy the alleged violation of the Agreement by the return of the Plaintiff and to prevent any such further violations with respect to other Class Members.

Update 1: On April 16 Plaintiffs also filed an Emergency Motion for a Temporary Restraining Order seeking to prevent the imminent removal of another Class Member, an 18-yr-old from Venezuela who was detained on March 19, after Defendants failed to confirm to that they would not be removing the Plaintiff Class Member. Judge Stephanie A. Gallagher granted the TRO on April 16 after Defendants stated their position that they would not agree to not removing any Class Member until after the Motion to Enforce was resolved.

Update 1: On Apr. 16. Plaintiffs also filed an Emergency Motion for a Temporary Restraining Order seeking to prevent the imminent removal of another Class Member, an 18-yr-old from Venezuela who was detained on Mar. 19, after Defendants failed to confirm to that they would not be removing the Plaintiff Class Member. Judge Stephanie A. Gallagher granted the TRO on Apr. 16 after Defendants stated their position that they would not agree to not removing any Class Member until after the Motion to Enforce was resolved.
Update 2: On Apr. 17 Class Counsel moved to extend the TRO to the entire class. On the same day Defendants filed their Opposition to Plaintiffs’ Motion to Enforce.
Update 3: On Apr. 23, the court granted the motion to enforce, ruling that removal of a Class Member who has not received final adjudication on the merits by USCIS of a properly filed asylum application is a violation of the Agreement. The Judge concluded that the case is a contractual dispute over the Settlement Agreement over which it retains jurisdiction, that the Class does not exclude individuals subject to the AEA, and that removal pursuant to the AEA does not qualify as a final order of removal within the meaning of the Agreement. Judge Stephanie Gallagher held that the Defendants are obligated to return or at a minimum “facilitate” the return of the Plaintiff and any other removed Class Members to the United States and stated that facilitating includes, but is not limited to Defendants making a good faith request to the government of El Salvador to release the Plaintiff to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits by USCIS.
Update 4: On May 4, Defendants filed a Motion to Vacate or in the Alternative to Stay Pending Appeal the portion of the Judge’s order requiring the return of Plaintiff, Section 2. They also filed a motion to seal the Memorandum in Support, on the basis that it contains confidential information. (The Judge granted in part and denied in part the motion to seal, allowing it to be produced with redactions.) In the Memorandum, Defendants state that ICIS issued an Indicative Asylum Decision on May 1 which determined that if the Plaintiff returned, his asylum application would be denied based on Terrorist-Related Inadmissibility Grounds (TRIG) due to his alleged connection to TdA and as a matter of discretion. For this reason, they argue that the section of the Court’s order directing them to return the Plaintiff is now effectively moot.
Update 5: On May 5, the Court denied in part and granted in part the motion to vacate or in the alternative to stay, denying the motion to vacate but granting the motion to stay Section 2 until May 8 to allow Defendants to file an appeal. During a hearing, the Judge reportedly noted that even if the government ultimately plans to reject the asylum claim it must do so using the correct process in the U.S. courts and “can’t skip to the end.”
Update 6: On May 7, the government appealed to the Fourth Circuit, and on May 8, the Fourth Circuit granted an administrative stay while it considers the issue.

Update 7: On May 19, the Fourth Circuit, in a 2-1 decision, denied the government’s request for a stay pending appeal. Judge Benjamin, joined by Judge Gregory, upheld the district court’s enforcement order; Judge Gregory concurred separately, suggesting that the underlying AEA proclamation was “plainly invalid,” while Judge Richardson dissented, arguing that AEA removals were outside the scope of the settlement and that “court-commanded negotiation with a foreign state” exceeded judicial authority.

Update 8: On Jul. 8, Judge Gallagher took judicial notice of a filing of a U.N. report reflecting El Salvador’s disavowal of any “sovereign interest” in detaining foreign individuals. The court ordered the administration to explain why it continues to claim “diplomatic discussion” would be necessary to facilitate the plaintiff’s return

Update 9: On Jul. 8, Plaintiffs filed a motion for an order directing defendants to provide prompt notice of any class member’s return to the United States.

Update 10: On Aug. 14, Plaintiffs moved for a finding of probable cause that Defendants were in contempt of the court-ordered settlement, alleging that the government had failed to adequately update the court on Cristian’s whereabouts and had arranged for his release to Venezuela instead of returning him to the United States.

Update 11: On Sept. 11, the government responded to Plaintiffs’ Aug. 14 motion for a finding of probable cause, arguing that it could not simply request that El Salvador return Cristian because he was under Salvadoran sovereign authority and that such matters fall within complex diplomacy traditionally handled by the Secretary of State; the government maintained that facilitating negotiations between El Salvador and the Maduro regime, under which Cristian would be able to come back to the United States, satisfied the court’s order, and further asserted that state-secrets concerns limited what it could disclose in status reports.

Update 12: On Oct. 2 Judge Gallagher granted Defendants’ motion to stay a Jul. 22 order requiring weekly status updates until Defendants receive appropriations from Congress to continue operations.

Update 13: On Oct. 2, Plaintiffs notified the court that the government had removed six “potential” J.O.P. class members in violation of the settlement agreement—three removed roughly three months earlier and three at unspecified times—and requested additional information, indicating they expected to seek expedited relief once they obtained more detail.

Update 14: On Oct. 9, Plaintiffs filed a reply on their contempt motion, arguing that the enforcement order clearly required the government to request that El Salvador facilitate Cristian’s release to U.S. custody, that the existing record and the government’s omissions indicated no such request was made, and that the government’s failure to file timely status reports was a deliberate effort to conceal real-time developments in the prisoner exchange, including out of concern about public scrutiny

Update 15: On Nov. 3, Plaintiffs filed a second emergency motion to enforce the court-ordered settlement agreement.

Update 16: On Nov. 14, District Judge Gallagher denied three motions: Plaintiffs’ motion for an order requiring defendants to provide prompt notice of any class member’s return to the United States; Plaintiffs’ motion to find probable cause to hold defendants in contempt;and Defendants’ motion to vacate Paragraph 2 of the court’s Apr. 23 order directing them to facilitate Class Member Cristian’s return to the United States so he could await USCIS’s merits adjudication of his asylum application under the Settlement Agreement.

Update 17: On Nov. 20, Judge Gallagher denied without prejudice plaintiffs’ second motion to enforce the judgment and separately unsealed an opinion corresponding to his Nov. 14 order denying the parties’ motions.

Zacarias Matos v. Venegas (S.D. Tex.)

1:25-cv-00057

Habeas petition

2025-03-14Case ClosedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-05-13

Daniel Enrique Zacarias Matos brought a habeas petition to prevent Immigration and Customs Enforcement (ICE) officers from removing him from the United States unless and until he receives a final removal order. The Government states that the Alien Enemies Act, 50 U.S.C. § 21, authorizes his removal based on the March 15 Presidential Proclamation. ICE officials tried to remove Zacarias Matos, a Venezuelan national who is detained at the El Valle Detention Facility, from the United States on Mar. 14, but they were allegedly unable to do so due to a problem with the flight. Zacarias Matos claims that the attempt to remove him violates 8 U.S.C. § 1229a of the Immigration and Nationality Act and the Due Process Clause of the Fifth Amendment to the US Constitution, and asked the Court to enjoin his imminent removal unless and until a removal order is entered against him.

Update 1: On Apr. 7, Judge Fernando Rodriguez granted a preliminary injunction and set an evidentiary hearing for May 5 on whether the petitioner is a member of TdA.

Update 2: On May 13, 2025, following a joint status report and motion to dismiss request, the Court ordered the case dismissed without prejudice.

J.G.G. v. Trump (D.D.C.)

1:25-cv-00766

Petition

Motion for TRO

2025-03-17

Amended Complaint

2025-04-24

2025-03-15Government Action BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2026-01-05

On March 14, 2025, President Trump signed a Proclamation purporting to invoke the authority of the Alien Enemies Act to summarily deport Venezuelan nationals alleged to be members of the Tren de Aragua (TdA) gang.

In the early hours of Saturday, March 15, five Venezuelan nationals in U.S. immigration custody brought a proposed class action lawsuit challenging the government’s action on the ground that the Alien Enemies Act does not provide authority for such removals; that the removals would be in violation of immigration statutes governing deportation proceedings and the Administrative Procedure Act, in addition to a violation of habeas corpus. The Plaintiffs submitted an emergency application for a temporary restraining order asking the court to block any removals from the United States.

In an emergency hearing on March 15, Chief Judge James Boasberg, first ruling from the bench, certified a class of “all noncitizens in U.S. custody who are subject to the March 15, 2025 Presidential Proclamation,” and granted the request for a temporary restraining order to block removals of any class members from the United States.

March 15, 2025: The government submitted a notice of appeal to the D.C. Circuit. The judge issued a verbal order, in a ruling from the bench, and a written TRO that evening.

March 17, 2025: Defendants moved to vacate the TRO.

March 18, 2025: Chief Judge James Boasberg issued a minute order requiring Defendants to submit a declaration explaining what time the flights that left U.S. airspace prior to the filing of the TRO departed and landed, when the individuals aboard left U.S. custody, and the number of people aboard subject to the President’s Proclamation.

March 19, 2025: Defendants filed a motion to stay Chief Judge Boasberg’s March 18 minute order, arguing that they required more time to invoke the state secrets privilege, avoid disclosure of sensitive information, and prevent harm to foreign relations.

March 19, 2025: Chief Judge Boasberg issued an order permitting Defendants an additional day to respond to the March 18 Order, but expressing skepticism about their stated intention to invoke the state-secrets doctrine.

March 19, 2025: Plaintiffs filed a motion in opposition to Defendants’ motion to vacate the TRO.

March 20, 2025: Chief Judge Boasberg issued an order requiring Defendants to show cause for its failure to comply with the TRO, and it also granted Defendants’ delay to invoke the state-secrets privilege.

March 24, 2025: Chief Judge Boasberg issued a memorandum opinion granting Plaintiffs’ TRO.

March 25, 2025: Defendants filed a notice invoking the state-secrets privilege in response to the March 18 minute order.

Mar. 26, 2025: Plaintiffs filed a Notice that they intended to file a new Motion for Preliminary Injunction on Friday, March 28, to incorporate “additional factual material so that there is a more complete record.” That same day, the D.C. Circuit. in a 2-1 decision, denied Defendants’ motion to stay the TRO.

March 27, 2025: Plaintiffs filed a motion to extend the TROs set to expire on March 29 for 14 days to April 12, claiming that good cause exists to extend the TROs.

March 28, 2025: Defendants appealed to the Supreme Court asking to vacate the district court’s order and to issue an administrative stay.

March 28, 2025: Defendants filed an opposition to the motion to extend the TRO, claiming that the Court lacks jurisdiction over the Plaintiffs’ claims and that the Plaintiffs have failed to show a likelihood of success on the merits. That same day, the Court ordered the extension of the TROs until April 12.

March 28, 2025: Plaintiffs submitted a motion and memorandum for a preliminary injunction with exhibits including an “Alien Enemy Validation Guide,” allegedly used by the government.

March 31, 2025: Plaintiffs filed a response to the Defendants’ invocation of the state secrets privilege, claiming that the Court already has the information it needs to conclude that its March 15 oral and written TROs were violated, and that the Plaintiffs are unaware of any case in which the state secrets privilege has been invoked to withhold evidence from a court seeking to enforce its own orders.

March 31, 2025: Plaintiffs filed a reply to the Defendants’ response to an order to show cause, claiming that the Defendants violated the Court’s orders to return to the U.S. all airplanes that were going to take off or were in the air with persons potentially subject to the Alien Enemies Act.

April 1, 2025: Defendants filed an opposition to the Plaintiffs’ motion for a preliminary injunction, claiming Plaintiffs’ motion is procedurally barred and fails on the merits.

April 4, 2025: Plaintiffs filed a reply to the Defendants’ opposition to Plaintiffs’ motion for a preliminary injunction. In their reply, Plaintiffs requested that the Court also find the President’s Proclamation to be unlawful even if the process was provided to contest its applicability to an individual.

April 7, 2025: The Supreme Court in a 5-4 decision, vacated the district court’s TROs holding that the case should have been brought as a habeas case where the plaintiffs were in custody at the time. The Court also stated, “notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”

April 16, 2025: Judge Boasberg issued an order holding that there’s probable cause to find the Defendants acted with criminal contempt in violating his orders. He offered the government to stave off a criminal referral by “purging” the contempt. He wrote, “The most obvious way for Defendants to do so here is by asserting custody of the individuals who were removed in violation of the Court’s classwide TRO so that they might avail themselves of their right to challenge their removability through a habeas proceeding.” The defendants appealed his decision to the D.C.Circuit. On the same day, the Plaintiffs submitted a new motion for a TRO asking the court to direct the government to provide 30 days’ notice before seeking to remove any class member under the AEA. The Plaintiffs also stated that they intend to amend their complaint “to reinstate their habeas claim on behalf of class members detained in CECOT and to seek the return of these Plaintiffs to the United States.”

April 18, 2025: Plaintiffs submitted an emergency motion for immediate ruling on the TRO motion. Plaintiffs alleged at the time of filing that “individuals have already been loaded on to[sic] buses” in the Northern District of Texas for deportation under the Alien Enemies Act. At an emergency hearing, Judge Boasberg denied the motion on jurisdictional grounds.

April 18, 2025: The D.C. Circuit, in a 2-1 decision, issued an administrative stay in the appeal from Judge Boasberg’s April 16 contempt-related order.

April 24, 2025: Plaintiffs filed an amended complaint which includes a habeas petition for the class of individuals who have already been removed to El Salvador. The following day, April 25, the plaintiffs submitted a motion for a permanent injunction and a memorandum in support.

May 1, 2025: Defendants filed their opposition to Plaintiffs’ April 25 motion for a preliminary injunction in which they suggest that the United States has and will continue to provide procedural due process and that Plaintiffs’ claims fail on the merits.

May 5, 2025: Plaintiffs filed a reply in support of their motion for a preliminary injunction, urging the court to grant the motion because of the likelihood on the merits of their claims and the grave harm faced by Plaintiffs as they remain in CECOT.

June 4, 2025: Judge Boasberg issued an order and memorandum opinion. The court granted Plaintiffs’ motion for class certification of the detainees in CECOT prison and a preliminary injunction stating: "The Government must facilitate the Class’s ability to seek habeas relief to contest their removal under the Act." However, Judge Boasberg held that the detainees are not currently in the “constructive custody” of the United States for the present purposes of habeas. He also denied class certification for individuals held in the United States in criminal custody.

June 10, 2025: The Defendants filed a notice of appeal in the district court from Judge Boasberg’s June 4 order granting class certification and a preliminary injunction directing the Government to facilitate habeas review. The appeal was then docketed in the D.C. Circuit as Case No. 25-5217.

June 10, 2025: The Defendants/Appellants filed an emergency motion with the D.C. Circuit, requesting both an administrative stay and a stay pending appeal.

June 10, 2025: The Defendants also filed a motion before Judge Boasberg to stay its June 4 order pending appeal.

June 10, 2025: The D.C. Circuit entered an administrative stay of Judge Boasberg’s June 4 order “to give [it] sufficient opportunity to consider the emergency motion for a stay pending appeal.”

June 12, 2025: Judge Boasberg denied without prejudice the Defendants’ motion to stay his June 4 order pending appeal as moot, noting that the D.C. Circuit had already granted an administrative stay.

June 16, 2025: Plaintiffs/Appellees filed their opposition in the D.C. Circuit to the Defendants’/Appellants’ emergency motion seeking a stay of Judge Boasberg’s June 4 order pending appeal.

June 17, 2025: Defendants filed an unopposed motion before Judge Boasberg seeking clarification or, alternatively, a stay of further proceedings. They argued that under 28 U.S.C. § 2243, no responsive pleading (return) is due in habeas proceedings until the court issues a writ or show-cause order, and that the preliminary-injunction briefing had already served that function. In the alternative, they requested that any requirement to file a return or dispositive motion be stayed until after the D.C. Circuit resolves the appeal of the June 4 order.

June 18, 2025: Defendants/Appellants filed their reply in support of their emergency motion in the D.C. Circuit to stay Judge Boasberg’s June 4 order pending appeal.

June 20, 2025: Judge Boasberg granted the Defendants unopposed motion for clarification, confirming that the Defendants does not need to take further action in the district court until the D.C. Circuit issues its mandate in the appeal of his June 4 order.

June 25, 2025: The Plaintiffs/Appellees submitted to the D.C. Circuit a whistleblower disclosure by former DOJ attorney Erez Reuveni. The following day, the Defendants contested the ability to submit such information on appeal.

July 7, 2025: The Plaintiffs submitted to the district court a UN report in which the government of El Salvador responded to allegations of responsibility for the detainees sent by the United States.

Aug. 8, 2025: The D.C. Circuit (per curiam) vacated Judge Boasberg’s June 4, 2025 preliminary injunction and remanded for further proceedings. The panel (Judges Katsas, Rao, and Walker) concluded that intervening events—including the release of class members from CECOT in El Salvador and their transfer to Venezuela—had overtaken the basis for the injunction. Accordingly, the court dismissed as moot the Defendants’ motion for a stay pending appeal and ordered dissolution of the June 10 administrative stay upon issuance of the mandate.

Aug. 8, 2025: In a 2-1 decision, the D.C. Circuit issued a writ of mandamus terminating the criminal-contempt proceedings and vacating Judge Boasberg's probable cause order that found some federal officials willfully violated the TRO.

Nov. 14, 2025: In an 8-3 split, the D.C. Circuit denied an en banc review of the court’s earlier panel decision issuing a writ of mandamus.

Dec. 5, 2025: Secretary of Homeland Security Kristi Noem submitted a sworn declaration that she “made the decision to continue the transfer of custody of the Alien Enemies Act detainees who had been removed from the United States before this [court] issued its temporary restraining order in the evening of March 15, 2025.” Secretary Noem said she made the decision based on legal advice from DHS’s Acting General Counsel and “senior leadership of the Department of Justice.”

Dec. 8, 2025: Emil Bove, who was serving as Principal Associate Deputy Attorney General at the time of the flight in question, submitted a sworn declaration that he had contributed to privileged legal advice on the topic.

Dec. 8, 2025: Judge James Boasberg wrote that there was insufficient information to determine whether to refer Noem for criminal contempt charges, and ordered testimony from Erez Reuveni, who filed a whistleblower complaint about the flights, and Drew Ensign, the DOJ’s Deputy Assistant Attorney General for Immigration Litigation.

Dec. 12, 2025: Judge Boasberg denied the government’s motion for reconsideration of his previous order requiring live witness testimony from Department of Justice officials in the court’s inquiry to determine whether a contempt referral is appropriate.

Dec. 12, 2025: The court of appeals granted an administrative stay blocking Judge Boasberg’s Dec. 12 order scheduling live witness testimony.

Dec. 22, 2025: In a memorandum opinion, Judge Boasberg certified the Plaintiff class and granted Plaintiffs’ motion for summary judgment, requiring the government to submit its proposal to facilitate the return of Plaintiffs to the United States or to otherwise provide them with hearings that satisfy the requirements of due process by Jan. 5, 2026. The definition of the certified class, per Judge Boasberg’s ruling, is: All noncitizens removed from U.S. custody and transferred to CECOT on March 15 and 16, 2025 “pursuant solely to” the Alien Enemies Act Proclamation.

Jan. 4, 2026: The government filed a motion for an extension, arguing that “substantial changes on the ground” pertaining to the Maduro operation require additional time to assess how to provide due process to Venezuelans deported under the Alien Enemies Act.

Jan. 5, 2026: Judge Boasberg granted the government’s motion for an extension, requiring the government to submit its proposal to facilitate the return of Plaintiffs to the United States or to otherwise provide them with hearings that satisfy the requirements of due process by Jan. 12, 2026.

G.F.F. v. Trump (S.D.N.Y.)

1:25-cv-02886

Habeas petition and Class complaint

Motion for TRO

2025-04-08Government Action Temporarily BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-07-29

On March 15, 2025, President Donald Trump published a Presidential Proclamation titled “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” (Proclamation), which sought to authorize removal of noncitizens from Venezuela who are deemed to be “enemy aliens” under the Alien Enemies Act (AEA). Petitioners are two Venezuelan men who have been arrested and detained by immigration authorities, and allegedly face imminent deportation pursuant to the Proclamation.

Petitioners argue that the removal process established under the Proclamation is unlawful. They argue that such process is ultra vires under the AEA, as the AEA only authorizes removals during a declared war or invasion of the United States by a foreign nation or government, and further requires additional process prior to removing noncitizens. They also argue that the removal process violates various provisions of the Immigration and Nationality Act and Foreign Affairs Reform and Restructuring Act, including those that establish procedures and mechanisms for, as well as protections against, removal (including sending someone to a country where they are more likely than not to face torture). Finally, they argue that the removal process violates the Due Process Clause of the Fifth Amendment and the right to habeas corpus.

Petitioners have brought their petition and complaint on behalf of a similarly situated class, including all noncitizens in immigration custody who were, are, or will be subject to the Proclamation.

Petitioners have requested that the court certify the class, grant a writ of habeas corpus to Petitioners that enjoins Defendants from removing them pursuant to the Proclamation, and declare the Proclamation unlawful.

Update 1: On Apr. 11, the court certified the class and granted a temporary restraining order preventing their removal from the district or the United States.

Update 2: On Apr. 17, petitioners filed a reply in support of their motion for a preliminary injunction. The reply asserts that the government has not satisfied due process requirements in use of the AEA and that the proclamation violates both procedural requirements and Congressionally established protections for noncitizens seeking humanitarian protections.

Update 3: On Apr. 21, the government moved to vacate the class certification, alleging the class cannot be certified because the court lacks jurisdiction over the matter.

Update 4: On Apr. 22, Judge Alvin Hellerstein extended the temporary restraining order issued on Apr. 11 through May 6.

Update 5: On May 6, Judge Hellerstein granted a preliminary injunction.

Update 6: On May 6, the court denied respondent’s motion to decertify the class, stating that because it is unknown how many people may become subject to an order for removal, judicial efficiency and due process considerations for individuals yet to be removed support a class action.

Update 7: On May 14, the Court granted the Plaintiffs’ motion for a preliminary injunction, stating that the Plaintiffs and the certified class are likely to succeed on the merits of their claims that the Proclamation violates the Alien Enemies Act.

Update 8: On July 3, the government appealed Judge Hellerstein’s May 6 and May 14 orders to the Second Circuit.

Update 9: On July 29, the Second Circuit held the appeal in abeyance pending the Supreme Court’s resolution of any petition for certiorari from the Fifth Circuit’s forthcoming decision in W.M.M. v. Trump (No. 25-10534).

J.A.V. v. Trump (S.D. Tex.)

1:25-cv-00072

Habeas petition (Apr. 9, 2025)

Emergency Motion for TRO (Apr. 9, 2025)

2025-04-08Government Action BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-06-27

On March 15, 2025, President Donald Trump published a Presidential Proclamation titled “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” (Proclamation), which sought to authorize removal of noncitizens from Venezuela who are deemed to be “enemy aliens” under the Alien Enemies Act (AEA). Petitioners are three Venezuelan men who have been arrested and detained by immigration authorities at El Valle Detention Center in Texas, and allegedly face imminent deportation pursuant to the Proclamation. Petitioners argue that the removal process established under the Proclamation is unlawful. They argue that such process is ultra vires under the AEA, as the AEA authorizes removals only during a declared war or invasion of the United States by a foreign nation or government, and further requires additional process prior to removing noncitizens. They also argue that the removal process violates various provisions of the Immigration and Nationality Act and Foreign Affairs Reform and Restructuring Act, including those that establish procedures and mechanisms for, as well as protections against, removal (including sending someone to a country where they are more likely than not to face torture). Finally, they argue that the removal process violates the Due Process Clause of the Fifth Amendment and the right to habeas corpus.

Petitioners have brought their petition and complaint on behalf of a similarly situated class, including all noncitizens in immigration custody in the Southern District of Texas who were, are, or will be subject to the Proclamation. Petitioners have requested that the court certify the class, grant a writ of habeas corpus to Petitioners that enjoins Defendants from removing them pursuant to the Proclamation, and declare the Proclamation unlawful. Petitioners filed an emergency application for a temporary restraining order (TRO) due to being in imminent danger of removal to another country.

On April 9, 2025, Judge Fernando Rodriguez granted petitioners’ TRO on an ex parte basis and blocked Respondents from transferring, relocating, or removing petitioners "or any other person that Respondents claim are subject to removal under the Proclamation, from the El Valle Detention Center; and Respondents are enjoined from transporting such persons outside of Willacy County or Cameron County, Texas, without an Order from the Court." Absent further action, the TRO will be in place through Apr. 23, 2025.

Update 1: On Apr. 11, the TRO was extended through Apr. 25, 2025.

Update 2: On Apr. 16, Plaintiffs filed a motion for a preliminary injunction.

Update 3: On Apr. 23, Defendants filed an opposition to Plaintiffs’ motion for a preliminary injunction, asserting that Plaintiffs failed to show they would succeed on the merits of their claims and that they failed to establish standing for injunctive relief. On that same day, Plaintiffs filed a reply in further support of their motion for a preliminary injunction.

Update 4: On Apr. 24, Judge Rodriguez granted a superseding TRO against the Defendants (excluding Trump) that is effective through May 2, 2025. This new TRO expands the scope of the previous by blocking Defendants from removing, transferring, relocating, or deporting any person that Respondents designate as an alien enemy outside of the Southern District of Texas, whereas the former TRO applied only to the El Valle Detention Center.

Update 5: On May 1, Judge Rodriquez granted certification of the class of plaintiffs, described as: “Venezuelan aliens, 14 years old or older, who have not been naturalized, who Respondents have designated or in the future designate as alien enemies under the March 14, 2025, Presidential Proclamation … and who are detained or reside in the Southern District of Texas.”

Judge Rodriguez followed the class certification with an order granting a permanent injunction. The court wrote: "The historical record renders clear that the President’s invocation of the AEA [Alien Enemies Act] through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms." On the scope of the injunction, Judge Rodriguez wrote: “To the extent that J.A.V., J.G.G., and W.G.H., or any member of the certified class, have been detained or are detained in the future pursuant to the Immigration and Nationality Act, they have not sought and do not obtain any relief. In addition, the conclusions of the Court do not affect Respondents’ ability to continue removal proceedings or enforcement of any final orders of removal issued against J.A.V., J.G.G., and W.G.H, or against any member of the certified class, under the Immigration and Nationality Act.”

Update 6: On June 27, Defendants appealed Judge Rodriquez’s May 1 orders to the Fifth Circuit.

D.B.U. v. Trump (D. Colo.)

1:25-cv-01163

Class petition for habeas

2025-04-12Government Action Temporarily BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-07-07

On Mar. 14, President Donald Trump signed a Proclamation purporting to invoke the authority of the Alien Enemies Act (AEA) to summarily deport Venezuelan nationals alleged to be members of the Tren de Aragua (TdA) gang. Two Venezuelan nationals in U.S. immigration custody have brought a proposed class action on behalf of all noncitizens in custody in Colorado who are, were, or will be subject to the Mar. 14 Proclamation, along with a habeas petition. They allege that the preconditions of the AEA have not been met and that the Proclamation is unlawful, that they have been denied the opportunity to voluntarily leave the U.S. in violation of the AEA, that the government has violated the Immigration and Naturalization Act and the Foreign Affairs and Reform and Restructuring Act, that they have been denied due process under the Fifth Amendment, and that they have been denied their right to habeas corpus. The Petitioners submitted an emergency application for a temporary restraining order asking the court to block any removals of Petitioners and the class they represent from Colorado.

Update 1: On Apr. 14, Judge Charlotte Sweeney temporarily blocked removal of the Petitioners and the class they represent.

Update 2: On Apr. 17, Defendants filed a response to Petitioners’ emergency application for a temporary restraining order (TRO). Defendants contend the Court lacks jurisdiction over the habeas proceeding because Petitioners are not subject to the Proclamation or detained pursuant to it, and Petitioners have yet to receive a notice that they will be removed under it.

Update 3: On Apr. 20, Petitioners filed a reply in support of their motion for an emergency TRO and requested the Court maintain the TRO due to the government’s transfer of detainees under the AEA with less than 24 hours notice.

Update 4: On Apr. 22, Judge Sweeney granted Petitioners’ emergency motion for a TRO and ordered that Petitioners and members of the provisionally certified class to not be transferred outside of the District of Colorado. Judge Sweeney ordered the government to provide 21 day notice to Petitioners and members of the provisionally certified class before moving said individuals and that this notice must note that the government intends to remove these individuals pursuant to the AEA and Proclamation.

Update 5: On Apr. 23, Defendants appealed Judge Sweeney’s orders granting Petitioners’ TRO to the Tenth Circuit Court of Appeals.

Update 6: On Apr. 25, Petitioners filed a motion for a preliminary injunction to prevent Defendants being able to send Petitioners and class members to El Salvador under the AEA and Proclamation.

Update 7: On May 6, Judge Sweeney granted a preliminary injunction and granted Petitioners’ class certification to include all noncitizens in custody in the District of Colorado who may become or are subject to the AEA and Proclamation.

Update 8: On May 12, the Tenth Circuit Court of Appeals granted the appellants’ motion for voluntary dismissal of their Apr. 23 appeal.

Update 9: On July 7, Defendants appealed Judge Sweeney’s May 6 preliminary injunction order to the Tenth Circuit.

A.S.R. v. Trump (W.D. Pa.)

3:25-cv-00113

Habeas Petition

2025-04-15Government Action Temporarily Blocked in Part; Temporary Block Denied in PartImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-07-29

On Mar. 14, President Trump signed a Proclamation purporting to invoke the authority of the Alien Enemies Act (AEA) to summarily deport Venezuelan nationals alleged to be members of the Tren de Aragua (TdA) gang. On Apr. 15, a Venezuelan individual using the pseudonym A.S.R., who is in U.S. immigration custody, filed a habeas petition against Respondents-Defendants Trump, the Department of Homeland Security and others. A.S.R. claims to be at imminent risk of removal under the AEA and asks that the court grant class certification to others in a similarly-situated position in the Western District of Pennsylvania, issue a temporary restraining order (TRO) to prevent Respondents from transferring members of the class from the district while the suit is ongoing, and declare the Proclamation unlawful. A.S.R. argues the Proclamation and its implementation are ultra vires actions in excess of the Trump Administration’s authority under the AEA. A.S.R. also alleges the implementation of the proclamation is in violation of the Foreign Affairs Reform and Restructuring Act of 1998 (FARRA), several provisions of the Immigration and Naturalization Act (INA), the Fifth Amendment Due Process right, and the right to petition for habeas corpus. An emergency motion for a temporary restraining order (TRO) was filed by A.S.R. on the same day the petition was filed, which was immediately granted by Judge Stephanie Haines.

Update 1: On Apr. 16, A.S.R. submitted a notice that he had been transferred out of the Western District of Pennsylvania to a detention center in Texas, despite his transfer taking place after the filing of his habeas corpus petition. On that same day, the Trump Administration responded in opposition to A.S.R.’s motion for a TRO. On Apr. 17, Judge Haines extended the TRO until Apr. 29.

Update 2: On Apr. 25 A.S.R. filed a motion to extend the TRO by an additional 14 days. Judge Haines granted this motion on the same day, extending the TRO through May 13, and also certified the class. The TRO blocks the Trump Administration from transferring A.S.R. out of the Northern District of Texas and the members of the certified class from the Western District of Pennsylvania pursuant to the AEA.

Update 3: On Apr. 29, the class filed a motion for a preliminary injunction and supporting memorandum, requesting that the court order A.S.R.’s return to the Western District of Pennsylvania and enjoin the Trump Administration from removing A.S.R. and any member of the class from the country under the AEA.

Update 4: On May 1, the Trump Administration filed its opposition to the preliminary injunction motion, arguing A.S.R. lacks standing to bring the claims and is unlikely to succeed on the merits of his claims. The Plaintiffs replied in support of their motion on May 2.

Update 5: On May 13, Judge Stephanie Haines issued a preliminary injunction finding the presidential proclamation complies with the AEA but that the government needs to give individuals three week notice and an opportunity to be heard before removal.

Update 6: On July 8, the District Court stayed A.S.R.’s case pending further notice from the court after A.S.R. notified the Court that he accepted a final order of removal to Venezuela as of June 26, 2025.

Update 7: On July 11, the Defendants filed notice of appeal to the Third Circuit as to Judge Haines’ May 13 preliminary injunction and certain connected court orders.

Update 8: On Jul. 16, the Third Circuit consolidated this appeal, for scheduling purposes, with W.J.C.C. v. Trump, No. 25-2332, which—like this case—is before Judge Stephanie Haines in the district court, No. 3:25-cv-00153.

Update 9: On Jul. 29, the Third Circuit held all motions in abeyance pending the Fifth Circuit’s decision in W.M.M. v. Trump, No. 25-10534 (5th Cir.), and the Supreme Court’s decision on any petition for certiorari from that case.

W.M.M. v. Trump (a.k.a. A.A.R.P. v. Trump) (N.D. Tex.)

1:25-cv-00059

Habeas Petition

2025-04-16Government Action BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-09-30

On Mar. 14, President Trump signed a Proclamation purporting to invoke the authority of the Alien Enemies Act (AEA) to summarily deport Venezuelan nationals alleged to be members of the Tren de Aragua (TdA) gang. On Apr. 16, two Venezuelan individuals using the pseudonyms A.A.R.P. and W.M.M. who are in U.S. immigration custody, filed a habeas petition against Respondents-Defendants Trump, the Department of Homeland Security and others. A.A.R.P and W.M.M. claim to be at imminent risk of removal under the AEA. They ask that the court grant class certification and issue a temporary restraining order to prevent Respondents from transferring Petitioners and similarly situated persons from the district while this suit is ongoing. Petitioners argue that the government's actions exceed its authority. They claim the government’s actions violate the Immigration and Naturalization Act which provides a “sole basis” for such removals, provisions for applying for asylum and withholding, and statutory protection against being sent to a country where they could face torture. Furthermore, they claim their removal would violate the Fifth Amendment due process clause and the right to habeas. Petitioners also ask the court to declare the President’s Proclamation unlawful, grant a writ of habeas corpus enjoining Respondents from removing Petitioners from the district pursuant to the Proclamation, and prevent Respondents from applying the Proclamation to Respondents without giving 30-days’ advance notice and opportunity to respond. They argue that the Proclamation is unlawful and that the court’s intervention is necessary so that Petitioners and the putative class are not unlawfully sent to a Salvadoran prison pursuant to the Proclamation.

April 17, 2025: Judge James Wesley Hendrix denied the Petitioners’ motion for a temporary restraining order. Judge wrote, “The United States answered unequivocally, stating that ‘the government does not presently expect to remove A.A.R.P. or W.M.M. under the [Aliens Enemies Act] until after the pending habeas petition is resolved’ and that ‘[i]f that changes, we will update the Court.’” The court reserved a decision on class certification.

April 18, 2025: Petitioners submitted a renewed emergency TRO request. Petitioners state, “officers at Bluebonnet have distributed notices under the Alien Enemies Act, in English only, that designate Venezuelan men for removal under the AEA, and have told the men that the removals are imminent and will happen tonight or tomorrow” (emphasis in original). Plaintiffs also submitted an appeal at the same time to the Fifth Circuit as an appeal to the U.S. Supreme Court.

April 18, 2025: The district court rejected the motion on the ground that the appeal removed their ability to rule on it.

April 18, 2025: On late Friday night, the Fifth Circuit dismissed the emergency appeal on the grounds that the appeal’s timeline was unreasonable.

April 19, 2025: The Supreme Court issued a stay writing, “The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.” Justice Alito and Thomas dissented.

May 9, 2025: Judge Hendrix denied class certification.

May 16, 2025: The U.S. Supreme Court, in a per curiam decision. recognized the putative class in the Northern District of Texas and held that “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster” under the Fifth Amendment. The Court remanded the case to the Fifth Circuit to address “(1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal.” The Court enjoined the government from removing putative class members pending the outcome of the litigation. Justices Alito and Thomas dissented on procedural grounds.

Sept. 2, 2025: The Fifth Circuit ruled that the Alien Enemies Act (“AEA”) cannot be used to deport Venezuelans alleged to be members of the Tren de Aragua criminal organization. The administration had purported to invoke the 1798 statute to deport alleged Tren de Aragua members under the premise that their activity constituted an “invasion or predatory incursion” of the United States. The court rejected this interpretation, concluding that the AEA cannot be invoked in the absence of an attack by an “armed, organized force.” The Supreme Court temporarily blocked the use of the AEA earlier this year pending Fifth Circuit review. The Fifth Circuit emphasized that there remain a number of “peacetime tools” that can be used to deport allegedly dangerous individuals.

Sept. 22, 2025: The administration petitioned the Fifth Circuit for rehearing en banc. The administration argues that the panel failed to defer to the President and narrowly interpreted the AEA to constrain his powers.

Sept. 30. 2025: The Fifth Circuit granted the government’s appeal to rehear the case en banc with oral argument scheduled for Jan. 22, 2026.

Sanchez Puentes v. Garite (W.D. Tex.)

3:25-cv-00127

Habeas Petition

2025-04-16Government Action BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-06-13

The Trump administration issued a Proclamation invoking the Alien Enemies Act authorizing immediate removal of noncitizens who the government claims are members of Venezuelan criminal gang Tren de Aragua. Petitioners Luddis Norelia Sanchez Garcia and Julio Cesar Sanchez Puentes are a married couple who immigrated to the United States in 2022, residing with Temporary Protected Status after they fled from their home nation of Venezuela. In early 2025, the Trump administration rescinded TPS for all Venezuelans. Shortly thereafter, the petitioners were arrested. The Petitioners brought a habeas petition on Apr. 16, where they allege that their confinement is unlawful and their designation as “alien enemies” due to alleged associations with the Tren de Aragua violates due process as it lacks a factual basis. They seek habeas relief and release from custody.

Update 1: On Apr. 17, Judge David Briones granted a temporary restraining order.

Update 2: On Apr. 25, Judge Briones ordered the release of petitioners. He also ordered the government not to deport anyone subject to the AEA within the district, and to provide three-weeks notice for detention under the AEA.

Update 3: On May 13, Judge Briones granted the government’s request to stay the district-wide relief granted in the Apr. 25 order pending appeal.

Update 4: On June 13, Judge Briones entered a final judgment order granting the relief of the petitioners and granting the petitioners’ Amended Verified Petition for a Writ of Habeas Corpus and Request for Order to Show Cause.

Y.A.P.A v. Trump (M.D. Ga.)

4:25-cv-00144

Habeas petition (under seal)

2025-04-30Case ClosedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-09-02

On March 14, 2025, President Donald Trump issued an executive order, Proclamation No. 10903, through which he invoked the Alien Enemies Act (the AEA), to authorize and direct the immediate removal of Venezuelan nationals that are alleged members of a Venezuelan gang, Tren de Aragua. On April 30, 2025, petitioner (a Venezuelan noncitizen detained at the Stewart Detention Center in Georgia and referred to under the pseudonym Y.A.P.A. in the proceedings) filed a habeas petition under seal to address the risk that he may be determined by immigration enforcement authorities to be a member of Tren de Aragua and deported to a detention facility in El Salvador. On May 21, Judge Clay Land granted a preliminary injunction barring the government from transferring a Venezuelan detainee under the Alien Enemies Act, holding that removal is prohibited until the government complies with the requirements of the Supreme Court’s recent decision in A.A.R.P. On June 27, Judge Land granted the parties’ joint motion to stay proceedings until such time that the government formally alleges that Y.A.P.A. is an “alien enemy” subject to the Alien Enemies Act. 

Update 1: On May 21, Judge Clay Land granted a preliminary injunction barring the government from transferring a Venezuelan detainee under the Alien Enemies Act, holding that removal is prohibited until the government complies with the requirements of the Supreme Court’s recent decision in A.A.R.P.

Update 2: On June 27, Judge Land granted the parties’ joint motion to stay proceedings in this matter until the government designates Y.A.P.A. as an “alien enemy” subject to the Alien Enemies Act. The order notes that the preliminary injunction will remain in effect.

Update 3: On Sept. 2, 2025, a stipulation of dismissal was filed by Y.A.P.A. as to all parties to the case. The case was closed on the same day in light of the stipulation of dismissal.

Agelviz-Sanguino v. Noem (S.D. Tex.)

4:25-cv-02116

Habeas petition (under seal)

2025-05-09Case ClosedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-05-27

On March 14, 2025, President Donald Trump issued an executive order, Proclamation No. 10903, through which he invoked the Alien Enemies Act (the “AEA”), to authorize and direct the immediate removal of Venezuelan nationals that are alleged members of Tren de Aragua. Petitioner Widmer Josneyder Agelviz Sanguino is a Venezuelan citizen who traveled to the US in September 2024 as part of a US refugee resettlement program, and was detained allegedly because of his tattoos that indicated membership in Tren de Aragua. Petitioner was deported to El Salvador.

Update 1: On May 19, following a hearing, District Court Judge Keith Ellison issued an order granting Plaintiffs’ emergency motion. Among other actions, it states: “If Defendants claim an inability to facilitate communication due to lack of control over El Salvadoran facilities, they must:

  1. Set forth in a declaration all efforts made to secure cooperation, including through diplomatic or contractual channels.
  2. Disclose all agreements or arrangements with El Salvador (or any agency or sub-division otherwise involved) related to Agelviz-Sanguino’s detention, including any memoranda of understanding with, or funding ties to CECOT.”

Update 2: On May 21, Judge Ellison issued an order requiring supplemental information by the government. “Defendants’ declaration provided no meaningful information regarding Plaintiff Agelviz-Sanguino’s location, health, or the legal basis for his detention,” the court wrote.

Update 3: On May 22, the government appealed, and, on May 23, the Fifth Circuit issued an administrative stay pending appeal.

Update 4: On May 23, the District Court case was voluntarily dismissed and on May 27, the appeal was dismissed.

M.A.P.S. v. Garite (W.D. Tex.)

3:25-cv-00171

Habeas Petition

2025-05-10Government Action BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-07-16

The Trump Administration issued a Proclamation invoking the Alien Enemies Act (AEA) authorizing immediate removal of noncitizens who the government claims are members of Venezuelan criminal gang Tren de Aragua (TdA). Petitioner was arrested by ICE despite an active Temporary Protected Status and served with a document alleging that she is a TdA member, an allegation she denies. On May 10, Petitioner brought a habeas petition to challenge the Proclamation’s application against her. She also seeks to represent a class of similarly-situated individuals who also seek to challenge the Proclamation’s application against them. Petitioner is seeking relief to avoid being sent to a Salvadoran prison or other location where she contends she is likely to face indefinite imprisonment, persecution or harm. The Petitioner challenges the legality of the AEA on multiple counts and seeks to enjoin the application of the AEA process to her and the class. Specifically, she asserts that the Proclamation is ultra vires; violates the removal proceeding requirements, asylum process withholding of removal process of the Immigration and Naturalization Act; violates the Foreign Affairs Reform and Restructuring Act of 1998 (“FARRA”); violates the Fifth Amendment’s due process clause; and that the summary removal of the class violates Habeas Corpus.

Update 1: On May 13, Judge David Briones granted a temporary restraining order.

Update 2: On May 22, Judge Briones granted the Petitioner’s motion for class certification, ruling that she is now representative of “a class of all non-citizens in custody in the Western District of Texas who were, are or would be subject to” the Proclamation or its implementation.

Update 3: On June 9, Judge Briones granted a preliminary injunction.

Update 4: On June 9, Judge Briones found that the administration’s invocation of the Alien Enemies Act was illegal, declining to “stretch the AEA’s meaning so broadly that mass migration or criminal activities by some members of a particular nationality could qualify as an ‘invasion.’” The court’s ruling blocks deportations under the Act in the Western District of Texas.

Update 5: On July 16, the Trump Administration appealed Judge Briones’ June 9 final judgment order to the Fifth Circuit.

Darwin Antonio Arevalo Millan v. Trump (C.D. Cal.)

5:25-cv-01207

Habeas petition (under seal)

2025-05-17Government Action Temporarily BlockedImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-08-01

On March 14, 2025, President Donald Trump issued an executive order, Proclamation No. 10903, through which he invoked the Alien Enemies Act (the “AEA”), to authorize and direct the immediate removal of Venezuelan nationals that are alleged members of Tren de Aragua. Petitioner Darwin Antonio Arevalo is a Venezuelan citizen applying for asylum in the US who was granted a work authorization and residency permit to allow him to remain in the US while his asylum application was pending. During a scheduled ICE check-in, Petitioner was arrested and placed in detention at the Desert View Annex or Desert View Modified Community Correctional Facility. The government did not provide Petitioner with prior notice of his arrest nor serve him with a warrant or other documentation regarding the basis for his arrest, but Petitioner was informed that his arrest was premised upon his status as a Venezuelan with tattoos, which could indicate that Petitioner had affiliations with Tren de Aragua. Petitioner filed a habeas petition asserting claims based on the US Constitution, California Constitution, and various federal statutes. He also filed applications for class certification and a temporary restraining order, seeking, among other things, to prevent his removal under Trump’s proclamation and transfer out of the Central District of California.

Update 1: On May 19, Judge John Holcomb certified a class of noncitizens in the district subject to the AEA and granted a temporary restraining order.

Update 2: On June 2, Judge Holcolm granted a preliminary injunction stopping the government from deporting the petitioner and a certified class, until further order from the court on required legal notice and process. The court, however, also ruled that petitioners are unlikely to succeed on their claim that the president’s Alien Enemies Act proclamation is unlawful.

Update 3: On June 20, Judge Holcomb denied petitioners’ ex parte application for a writ of habeas corpus, noting petitioner’s detention remains permissible under the Immigration and Nationality Act (INA) because of the government’s intention to appeal the grant of relief in petitioner’s removal proceedings (since petitioners can remain in custody pending such appeals).

Update 4: On Aug. 1, the government appealed Judge Holcomb’s June 2 order to the Ninth Circuit.

W.J.C.C. v. Trump (W.D. Pa.)

3:25-cv-00153

Habeas Petition (under seal)

2025-05-21Government Action Temporarily Blocked in Part; Temporary Block Denied in PartImmigration and CitizenshipAlien Enemies Act Removals (Presidential Proclamation 10903)2025-07-29

On Mar. 14, President Trump signed a Proclamation purporting to invoke the authority of the Alien Enemies Act (AEA) to summarily deport Venezuelan nationals alleged to be members of the Tren de Aragua (TdA) gang. On May 21, a Venezuelan individual using the pseudonym W.J.C.C., who is in U.S. immigration custody, filed a habeas petition against Respondents-Defendants Trump and the Trump Administration. W.J.C.C. claims to be at imminent risk of removal under the AEA and asks that the court issue a temporary restraining order (TRO) to prevent Respondents from transferring W.J.C.C. from the district while the suit is ongoing, and declare the Proclamation unlawful. W.J.C.C. argues the Proclamation and its implementation is in violation of W.J.C.C.’s Fifth Amendment Due Process Right.

Update 1: On May 22, Judge Stephanie Haines granted a temporary restraining order.

Update 2: On Jun. 4, Judge Haines extended the TRO through Jun. 19.

Update 3: On Jun. 18, Judge Stephanie Haines restated her holding in A.S.R. v. Trump, No. 3:25-cv-00113), that the presidential proclamation is a valid exercise of the AEA. Judge Haines, however, granted a preliminary injunction in favor of W.J.C.C., rejecting the government’s claim that it could apply shortened notice akin to expedited removal procedures. The court held that the petitioner was entitled to: “(1) twenty-one (21) days' notice and an "opportunity to be heard," (2) notice that clearly articulates the fact that he is subject to removal under the Proclamation and the AEA, (3) notice in English and Spanish, the language of the one sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for any necessary hearings, and (4) notice of all of the foregoing to his counsel.” The court denied the petitioner’s request for a preliminary injunction that would have barred the government from transferring him out of the district.

Update 4: On Jul. 8, Judge Haines issued an order that the preliminary injunction issued on Jun. 18 will remain in full force and effect, but stayed W.J.C.C.'s claim regarding the AEA and the Proclamation pending further order from the court.

Update 5: On Jul. 15, Defendants filed a notice of appeal to the Third Circuit from Judge Haines’s Jun. 18 preliminary-injunction order.

Update 6: On Jul. 16, the Third Circuit consolidated this appeal, for scheduling purposes, with A.S.R. v. President United States of America, No. 25-2311, which—like this case—is before Judge Stephanie Haines in the district court, No. 3:25-cv-00113.

Update 7: On Jul. 29, the Third Circuit held all motions in abeyance pending the Fifth Circuit’s decision in W.M.M. v. Trump, No. 25-10534 (5th Cir.), and the Supreme Court’s decision on any petition for certiorari from that case.

Coalition for Humane Immigrant Rights v. U.S. Department of Homeland Security ( D.D.C.)

1:25-cv-00943

Complaint

2025-03-31Government Action Not Blocked Pending AppealImmigration and CitizenshipBiometric Information and Registration (Interim Final Rule: Alien Registration Form and Evidence of Registration)2025-08-12

On March 12, 2025 the U.S. Citizenship and Immigration Services (USCIS), an agency of the U.S. Department of Homeland Security (DHS), issued an interim final rule (IFR) designating a new registration form for noncitizens to register with the Federal government. The IFR was issued to implement President Trump’s Executive Order 14159 (EO) instructing that all previously unregistered aliens had to comply with registration requirements and ensuring that failure to comply was treated as a civil and criminal enforcement priority. The process created by the IFR initiates the collection of biometrics and would result in the creation of an alien registration document, and notes that existing federal regulations require noncitizens to carry proof of registration at all times. The IFR is due to go into effect on April 11

A group of nonprofit member-based organisations that provide a wide range of services to immigrant communities sued on March 31 alleging that the IFR, which is available only in English, represents the imposition of a confusing and inconsistent new universal registration scheme with attendant civil and criminal liabilities which will impact a huge number of noncitizens and irreparably harm their members. Plaintiffs allege that the rule violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A) (by implementing policies that are arbitrary, capricious, and contrary to law) and § 706(2)(D) (by failing to follow the required rulemaking process, including providing public notice and opportunity to comment on legislative rules). The Plaintiffs seek an order and preliminary injunction staying or postponing the effective dates of the IFR and a declaratory judgment that the IFR is unlawful and enjoining the enforcement or implementation of the rule.

Update 1: On April 10 the District Court denied the motion for a stay and preliminary injunction on the basis that the Plaintiffs lack standing. The Court ruled that the Plaintiffs lacked both organisational and associational standing.

Update 2: On Apr. 24, Plaintiffs appealed the District Court’s Apr. 10 order that denied Plaintiffs’ motion for a stay and preliminary injunction to the D.C. Circuit. On that same day, Plaintiffs also filed a motion for an injunction to preserve status quo ante and protect Plaintiffs and their members from irreparable harm pending their appeal of the Apr. 10 order.

Update 3: On June 12, the District Court denied Plaintiffs’ motion for an injunction pending their appeal of the Court’s April 10 denial of their motion for a preliminary injunction. The Court found that Plaintiffs failed to show irreparable harm, thereby failing to satisfy a key element for injunctions.

Update 4: On June 25, Plaintiffs appealed the District Court’s June 12 order that denied plaintiffs’ motion for a preliminary injunction to the D.C. Circuit.

Update 4: On June 25, Plaintiffs appealed the District Court’s June 12 order that denied plaintiffs’ motion for a preliminary injunction to the D.C. Circuit. On July 8, the Plaintiffs appealed the denial of the renewed motion for a stay or preliminary injunction.

Update 5: On July 10, the court denied the Plaintiff’s motion to Expedite Summary Judgment Briefing Schedule and stayed the case pending resolution of the appeals.

Update 6: On August 12, an appeals court unanimously denied the plaintiff’s motion to stay or for an injunction pending appeal, effectively allowing the administration to continue requiring undocumented people to register with DHS or risk criminal penalties. The order did not provide additional reasoning.

Doe v. U.S Department of Homeland Security (S.D. Tex.)

4:25-cv-03585

Complaint

2025-08-02Awaiting Court RulingImmigration and CitizenshipBiometric Information and Registration (Interim Final Rule: Alien Registration Form and Evidence of Registration)2025-10-10

The Department of Homeland Security (DHS), under Secretary Kristi Noem, issued an Interim Final Rule (IFR) mandating that all noncitizens in the United States for more than 30 days register with the federal government, submit biometric data, and carry proof of registration at all times or face criminal penalties. This new registration system was implemented without notice or public comment and reverses longstanding policy to target individuals who entered the country unlawfully, compelling them to disclose potentially incriminating information. Plaintiff John Doe is a noncitizen residing in Houston, Texas and has challenged the IFR on the basis that it forces him to self-incriminate by requiring disclosure of unlawful entry and other potentially criminal conduct, exposing him to prosecution and violating his constitutional rights. The plaintiff argues the Interim Final Rule violates the Administrative Procedure Act and the Fifth Amendment (against self-incrimination), and seeks to vacate the Rule and halt its implementation.

Update 1: On Oct. 10, Judge George Hanks stayed the case following Defendant’s unopposed motion to stay following the lapse of appropriations.

New Hampshire Indonesian Community Support v. Donald J. Trump (D.N.H.)

1:25-cv-00038

Complaint

2025-01-20Government Action Temporarily BlockedImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-04-10

Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The ACLU sued the Trump administration on behalf of individuals in New Hampshire who would have their children’s citizenship revoked. The ACLU argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.

Update 1: On Feb. 10, 2025, Judge Joseph N. Laplante issued a preliminary injunction.

Update 2: On Apr. 10, the Defendants filed a notice of appeal of the preliminary injunction to the U.S. Court of Appeals for the First Circuit.

O. Doe; Brazilian Worker Center, Inc; La Colaborativa v. Donald J. Trump et al (D. Mass.)

1:25-cv-10135

Complaint

2025-01-20Government Action Temporarily BlockedImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-10-03

Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” A group of pregnant women whose children would not receive citizenship sued; the plaintiff identified as “O. Doe” lives in Massachusetts and has temporary protected status in the United States. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.

Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship,” against plaintiff O. Doe, or any member of La Colaborativa or Brazilian Worker Center.

Update 2: On Feb. 19, Defendants submitted a notice of appeal to the First Circuit.

Update 3: On July 3, the First Circuit denied the government’s request for a supplementary briefing on the state of the preliminary injunction granted previously and remanded the case to the lower court to consider whether Trump v. CASA impacts the court’s preliminary injunction. The court noted that the administration has not re-filed a motion to stay the lower court’s preliminary injunction and that the appeal court would retain jurisdiction over the appeal.

Update 4: On October 3, the First Circuit Court of Appeals unanimously upheld a pair of preliminary injunctions enjoining the implementation and enforcement of Executive Order 14160, which sought to limit birthright citizenship. The court rejected the administration’s reliance on § 1401(a) of the Immigration and Naturalization Act and its reading of United States v. Wong Kim, emphasizing that the statute grants citizenship by birth in the United States. The cases were remanded to the District of Massachusetts to determine the scope of equitable relief in light of the Supreme Court’s recent decision limiting nation-wide injunctions in Trump v. CASA.

Le v. Trump (C.D. Cal.)

8:25-cv-00104

Complaint (under seal per Privacy Act)

2025-01-20Awaiting Court RulingImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-02-14

A birthright citizenship case under seal. On Jan. 24, 2025, Judge Maame Ewusi-Mensah Frimpong, upon joint agreement by the parties, held briefing in abeyance pending the TRO and preliminary injunction litigation in Washington v. Trump.

Update 1: On Feb. 14, Judge Frimpong ordered that this case be stayed pending developments in Washington v. Trump in the Ninth Circuit.

State of New Jersey et al v. Donald J. Trump et al (D. Mass.)

1:25-cv-10139

Complaint

2025-01-21State A.G. PlaintiffsGovernment Action Temporarily BlockedImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-11-25

Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The attorneys general of 22 states, the District of Columbia, and the City of San Francisco sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.

Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship.”

Update 2: On Feb. 19, the Defendants submitted a notice of appeal to the First Circuit, and a motion to stay the district court order on appeal.

Update 3: On Feb. 26, Judge Sorokin denied defendants’ motion to stay the preliminary injunction pending resolution of their appeal.

Update 4: On March 11, the First Circuit denied the government’s motion for a stay.

Update 5: On Mar. 13, the Defendants appealed to the U.S. Supreme Court for a partial stay of the district court’s injunction.

Update 6: On Apr. 23, the First Circuit denied the Defendants’ challenge to the preliminary injunction and denied all other pending motions as moot and on June 17 this judgement became a court mandate.

Update 7: On July 3, the FIrst CIrcuit denied the government’s request for a supplementary briefing on the state of the preliminary injunction granted previously and remanded the case to the lower court to consider whether Trump v. CASA impacts the court’s preliminary injunction. The court noted that the administration has not re-filed a motion to stay the lower court’s preliminary injunction and that the appeal court would retain jurisdiction.

Update 8: On July 25, Judge Sorokin declined to narrow his injunction universally halting the administration’s birthright citizenship executive order. While acknowledging the Supreme Court’s recent ruling in Trump v. CASA, the court held that a broad injunction was necessary to ensure the state’s complete relief. The court noted the administration “neither challenged nor rebutted the plaintiffs’ evidentiary showing,” and instead “complained about the Court’s briefing order, sought to reopen questions that are not properly before this Court now, and quibbled about whether they should be required to participate meaningfully in the process of devising and evaluating narrower alternatives to the Court’s original order.”


Update 9: On September 22, Defendants submitted a notice of appeal to the First Circuit regarding the District Court’s order on the scope of its preliminary injunction.

Update 10: On October 3, the First Circuit Court of Appeals unanimously upheld a pair of preliminary injunctions enjoining the implementation and enforcement of Executive Order 14160, which sought to limit birthright citizenship. The court rejected the administration’s reliance on § 1401(a) of the Immigration and Naturalization Act and its reading of United States v. Wong Kim, emphasizing that the statute grants citizenship by birth in the United States. The cases were remanded to the District of Massachusetts to determine the scope of equitable relief in light of the Supreme Court’s recent decision limiting nation-wide injunctions in Trump v. CASA.

Update 11: On November 25, the First Circuit entered its formal mandate implementing its Oct. 3 judgment upholding the district court’s preliminary injunctions enjoining the implementation and enforcement of EO 14, 160, which sought to limit birthright citizenship.

Casa v. Donald Trump (D. Md.)

8:25-cv-00201

Complaint

Amended Complaint

2025-06-27

2025-01-21Government Action Temporarily BlockedImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-10-03

Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The plaintiffs, including immigrant rights organizations CASA and ASAP, as well as individual immigrant parents, argue that the Executive Order violates the Fourteenth Amendment and federal statute 8 U.S.C. § 1401(a), both of which guarantee citizenship to all persons born in the U.S. The complaint asserts that the executive order exceeds presidential authority and causes irreparable harm by stripping constitutionally protected rights from children born to immigrants (e.g., the right to remain in the United States, access public benefits, and participate fully in civic life) and destabilizes their families, potentially leaving children stateless and separating them from their parents.

Update 1: On Feb. 5, 2025, Judge Deborah Boardman issued an opinion granting the plaintiffs’ motion for a preliminary nationwide injunction blocking implementation of the birthright citizenship Executive Order.

Update 2: On Feb. 13, the Defendants submitted a notice of appeal to the Fourth Circuit.

Update 3: On Feb. 28, the Fourth Circuit denied Defendants’ request for a partial stay of the district court’s injunction.

Update 4: On Mar. 13, the Defendants appealed to the U.S. Supreme Court for a partial stay of the district court’s injunction.

Update 5: On June 27, The Supreme Court ruled 6-3 to partially stay a lower court injunction against Executive Order 14160, which restricts birthright citizenship. The ruling limits the injunction’s scope to only the litigants in the case. The majority held that federal courts likely lack authority to issue universal injunctions absent “equitable authority” given by Congress. However, the Court left open whether broader relief might be permitted in class actions or where needed for “complete relief.” Following the Supreme Court’s ruling, some of the plaintiffs filed an amended class action complaint and emergency motion for class-wide injunctive relief against the birthright citizenship order.

Update 6: On June 27, Plaintiffs filed an amended complaint, which included additional plaintiffs and removed President Donald Trump as a defendant while adding the Director of United States Citizenship and Immigration Services (“USCIS”) as a defendant. The amended complaint also added facts to support Plaintiffs’ legal argument that the EO violated 8 U.S.C. § 1401(a), as well as class allegations describing how the Plaintiffs meet the procedural requirements for bringing a class action.

Update 7: On July 16, Judge Boardman issued a memorandum opinion and an indicative ruling granting a class-wide injunction pending the district court acquiring jurisdiction on remand from the Fourth Circuit where this part of the litigation is still on appeal.

Update 8: On July 29, an appeals court remanded the CASA v. Trump case back to the Maryland District Court in its entirety, dismissing the administration’s appeal. Although plaintiffs requested only a limited remand to the lower court, the Fourth Circuit determined that this course would best allow the district court “to comport expeditiously with the Supreme Court’s directions in CASA” and promptly address the plaintiff’s motion for class-wide relief. Previously, Judge Boardman issued an indicative ruling stating that if the case is remanded to her, she would grant a classwide temporary restraining order and preliminary injunction halting enforcement of the administration’s birthright citizenship policy.

Update 9: On July 31, the appeals court denied a motion for reconsideration, issuing the mandate.

Update 10: On Aug. 7, the district court granted class certification and a classwide preliminary injunction alongside a memorandum opinion.

Update 11: On October 3, 2025, Defendants filed a notice of appeal to the Fourth Circuit.

State of Washington et al v. Donald J. Trump et al (W.D. Wash.)

2:25-cv-00127

Complaint

2025-01-21State A.G. PlaintiffsGovernment Action Blocked Pending AppealImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-09-26

Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” Four states sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.

Update 1: On Jan. 23, 2025, Judge John Coughenour of the Western District of Washington issued a temporary restraining order against the Executive Order.
Update 2: On Jan. 27, Franco Aleman v. Trump (complaint) was consolidated with this case.
Update 3: On Feb. 6, Judge Coughenour issued an opinion granting the plaintiffs’ motion for a preliminary injunction enjoining implementation of the Executive Order.
Update 4: On Feb. 6, defendants appealed to the Ninth Circuit Court (case no. 25-807).
Update 5: On Feb. 12, defendants made an emergency motion to stay the district court’s injunction.
Update 6: On Feb. 19, the Ninth Circuit issued an order denying the government’s emergency motion to stay the district court’s injunction and leaving the existing briefing schedule unchanged.
Update 7: On Mar. 13, the Defendants appealed to the U.S. Supreme Court for a partial stay of the district court’s injunction.
Update 8: On Apr. 17, the U.S. Supreme Court declined to rule on the partial stay pending oral arguments, which was set for May 15.

Update 9: On June 27, the Supreme Court ruled 6-3 to partially stay a lower court injunction against Executive Order 14160, which restricts birthright citizenship. The ruling limits the injunction’s scope to only the litigants in the case. The majority held that federal courts likely lack authority to issue universal injunctions absent “equitable authority” given by Congress. However, the Court left open whether broader relief might be permitted in class actions or where needed for “complete relief.”

Update 10: On July 23, in a 2-1 decision, the Ninth Circuit affirmed the lower court’s ruling that the administration’s birthright citizenship executive order is unconstitutional. The majority noted that “one power that the President was not granted, by Article II or by any other source, is the power to modify or change any clause of the United States Constitution,” and upheld the nationwide injunction. While recognizing the recent Supreme Court’s ruling in Trump v. CASA’s limit on universal injunctions, the court found such relief permissible here to ensure the state’s complete relief. Judge Bumatay dissented in part, arguing the plaintiff lacked standing and declined to reach the merits.

Update 11: On July 28, the Ninth Circuit issued an updated opinion, reaffirming its July 23 decision.

Update 12: On Aug. 11, the Ninth Circuit issued a corrected opinion on its July 29 updated opinion of its July 23 decision.

Update 13: On Sept. 15, the Ninth Circuit issued its formal mandate implementing its July 23 decision, as updated on Jul. 28.

Update 14: On Sept. 26, the government petitioned the Supreme Court for a writ of certiorari after the Ninth Circuit issued its formal mandate implementing its July 23 decision, as amended on July 28, which affirmed the district court’s ruling that the administration’s birthright-citizenship executive order is unconstitutional. (No. 25-364).The government filed a substantively identical petition for certiorari in another pending birthright citizenship case now before the Supreme Court: Barbara v. Trump, No. 25-365.

Franco Aleman et al. v. Trump et al. (W.D. Wash.)

2:25-cv-00163

Complaint

2025-01-24Government Action Blocked Pending AppealImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-01-27

Plaintiffs are non-citizen pregnant women whose due dates are after the implementation date of the Executive Order eliminating birthright citizenship. Plaintiffs bring this suit as a class action on behalf of all others similarly situated. They allege that the EO is a violation of the Fourteenth Amendment and seek an injunction to enjoin Defendants from enforcing the EO.

Update 1: On Jan. 27, State of Washington et al v. Donald J. Trump (complaint) was consolidated with this case.

OCA–Asian Pacific American Advocates v. Marco Rubio et al (D.D.C.)

1:25-cv-00287

Complaint

Amended Complaint

2025-07-01

2025-01-30Awaiting Court RulingImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-12-08

Trump’s executive order (EO) seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. OCA sued Marco Rubio and the heads of other departments and agencies on behalf of at least two pregnant women expected to give birth to children denied citizenship by the order. Both women reside in the United States on lawful, temporary, nonimmigrant visas. OCA argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2). The suit identifies an injured “subclass” of “Targeted Children” denied the privileges and public benefits afforded to U.S. citizens, seeking declaratory and injunctive relief.

April 14, 2025: Defendants filed a motion to stay proceedings because the EO at issue is already the subject of three nationwide injunctions, to which the government has sought expedited appeals.

April 28, 2025: OCA filed its opposition to Defendants’ motion to stay and requested that the court deny the vague motion which lacked a specific proposed order.

May 5, 2025: Defendants replied in support of their motion to stay. Judge Timothy Kelly denied Defendants’ motion to stay on May 14 and ordered Defendants to answer or otherwise respond to Plaintiffs’ complaint by June 5, 2024.

July 1, 2025: The OCA filed an amended complaint which included several co-complaintant prospective mothers proceeding anonymously and which updated the complaint with statements and actions taken by the Trump administration since the initial complaint was filed.

July 2, 2025: The OCA moved for partial summary judgement to declare the EO unconstitutional and to enjoin the administration from carrying it out.

Dec. 8, 2025: Judge Kelly stayed the case proceedings after the Supreme Court granted certiorari before judgment in another case challenging EO 14160.

County of Santa Clara v. Trump, et al (N.D. Cal.)

5:25-cv-00981

Complaint

2025-01-30Awaiting Court RulingImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-03-18

Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. The County of Santa Clara sued to protect residents who would lose their citizenship or whose U.S.-born children will not receive citizenship and to prevent administrative burdens and loss of tax revenues associated with that prospective loss of citizenship. Santa Clara argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2), and seeks declaratory and injunctive relief.

Update 1: On Feb. 5, Santa Clara County filed a motion for a preliminary injunction to prohibit Defendants from implementing or enforcing the birthright citizenship EO on the basis that the EO violates the Citizenship Clause of the Fourteenth Amendment, the constitutional Separation of Powers, and the Immigration and Nationality Act.

Update 2: On Feb. 14, Defendants filed an opposition to Santa Clara County’s motion for a preliminary injunction on the basis that Santa Clara County does not reach threshold grounds and is unlikely to succeed on the merits, and injunctive relief is not in the public interest.

Update 3: On Feb. 19, Santa Clara County filed a reply in support of its motion for a preliminary injunction.

Update 4: On Feb. 21, Judge Eumi Lee ruled that both parties file Orders to Show Cause to explain why this case should not be stayed pending the Ninth Circuit’s decision in Washington v. Trump. The hearing on the motion for preliminary injunction was also vacated and both parties filed OSCs on Feb. 28.

Update 5: On Mar. 18, Judge Lee ordered that this case be stayed pending developments in Washington v. Trump (Ninth Circuit.) and New Jersey v. Trump (First Circuit).

New York Immigration Coalition v. Donald J. Trump et al. (S.D.N.Y.)

1:25-cv-01309

Complaint

Amended Complaint

2025-07-16

2025-02-13Government Action Blocked Pending AppealImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2026-01-06

Plaintiffs are a nonprofit organization as well as a Venezuelan national, J.V., who has Temporary Protected Status and a pending asylum petition. She is five months pregnant. Plaintiffs allege that the EO violates 8 U.S.C. § 1401(a) and the Citizenship and Equal Protection Clauses of the Fourteenth Amendment. Plaintiffs also seek a permanent injunction against enforcement of the EO.

Mar. 21, 2025: Plaintiffs filed a motion and a memorandum of law, seeking a preliminary injunction against enforcement of the Executive Order.

Apr. 11, 2025: Defendants filed a motion and a memorandum of law, seeking to stay the case because the EO at issue is subject to three nationwide injunctions.

July 2, 2025: Following the Supreme Court’s decision in Trump v. CASA, the Court ordered Plaintiffs to inform the Court if they intend to amend their Complaint, substitute individual plaintiffs, or submit supplemental briefing on the Motion for Preliminary Injunction and the Plaintiffs submitted a letter indicating that they would be doing so.

July 16, 2025: Plaintiffs filed an amended complaint to bring the case as a class action on behalf of all persons born in the United States on or after Feb. 19 who have been or will be denied citizenship under the EO being challenged. Plaintiffs also added a new legal claim, arguing that Defendants violated the Administrative Procedure Act by acting contrary to the Constitution.

Jan. 6, 2026: Judge Garnett stayed the case due to three nationwide injunctions preventing the enforcement of the citizenship executive order and the Supreme Court granted certiorari on the same legal question.

Barbara v. Trump (D.N.H.)

1:25-cv-00244

Complaint

2025-06-27Government Action Blocked Pending AppealImmigration and CitizenshipBirthright Citizenship (Executive Order 14160)2025-12-05

Three foreign nationals filed a class action complaint against the Trump Administration challenging Executive Order 14160 (EO), which eliminates birthright citizenship for the children of non-citizen parents. Plaintiffs allege that the EO violates the Citizenship Clause of the Fourteenth Amendment (Citizenship Clause), the Immigration and Nationality Act (INA), and the Administrative Procedure Act (APA). Plaintiffs request that the court declare the EO unconstitutional and unlawful as well as preliminary and permanently enjoin the Trump Administration from enforcing the EO.

July 10, 2025: Judge Laplante provisionally certified a nationwide Rule 23(b)(2) class of all current and future children born on or after Feb. 20, 2025, who are denied birthright citizenship under Executive Order 14, 160, and granted a classwide preliminary injunction barring DHS, State, USDA, and CMS from enforcing the EO against that children-only class. The court found petitioners likely to succeed on their claims EO 14, 160 violates the Citizenship Clause and the INA, and stayed the injunction for seven days “pending the appeal that both parties expressly contemplate.” The court excluded parents from the class at this stage, noting during a hearing that they “present issues . . . that the newborn infants do not.”

Sept. 5, 2025: The government noticed an appeal to the First Circuit from Judge Laplante’s July 10 orders, which provisionally certified a nationwide Rule 23(b)(2) class of affected children and granted a classwide preliminary injunction barring enforcement of EO 14, 160 against them.

Sept. 26, 2025: The government petitioned the Supreme Court for a writ of certiorari before judgment (No. 25-365). The government filed a substantively identical petition for certiorari in another pending birthright citizenship case now before the Supreme Court: State of Washington v. Trump, No. 25-364.

Oct. 8, 2025: The First Circuit granted appellants’ unopposed motion to hold the appeal in abeyance pending the government’s petition for a writ of certiorari before judgment in the Supreme Court (No. 25-365).

Dec. 5, 2025: The Supreme Court granted a writ of certiorari, agreeing to hear arguments on the Trump administration’s executive order eliminating birthright citizenship.

Van Schaick v. DeSantis (N.D. Fla.)

4:25-cv-00271

Complaint

2025-06-26Awaiting Court RulingImmigration and CitizenshipImmigration Detention Facilities2025-06-26

Plaintiff, a resident of Florida, filed a complaint on June 26, challenging Florida and the Trump Administration’s construction of a large-scale immigrant detention facility in a remote area of the Florida Everglades known as the ”Everglades Alcatraz” or “Alligator Alcatraz”. The facility is expected to house approximately 5,000 detainees and 200 staff. Plaintiff alleges that the facility is on patented land belonging to him, immune from federal and state jurisdiction under patent law. He seeks an injunction to prevent the Trump Administration from authorizing, advancing, or supporting the development or use of the patented land for any government detention, incarceration, or enforcement activity.

Friends of the Everglades, Inc. v. Noem (S.D. Fla.)

1:25-cv-22896

Complaint

2025-06-27Government Action Not Blocked Pending AppealImmigration and CitizenshipImmigration Detention Facilities2025-09-04

In June 2025, Florida announced a collaboration with the federal government to build a mass federal detention facility for up to 5,000 noncitizen detainees at the Dade-Collier Training and Transition Airport (TNT Site). The facility has been dubbed “Alligator Alcatraz.” Friends of the Everglades, a non-profit organization focused on protecting the Everglades, and the Center for Biological Diversity, a nonprofit conservation organization, filed a complaint on June 27, 2025, seeking to block the construction of the facility. The Plaintiffs argue that the Defendants, which include Secretary Kristi Noem, Secretary of the Department of Homeland Security (DHS), Todd Lyons, Acting Director of Immigration and Customs Enforcement (ICE), and two Florida state parties, violate federal and state environmental laws because of their failure to conduct environmental reviews. Plaintiffs, who are suing on behalf of their members, claim that their members have an interest in preserving the Everglades because they derive recreational, educational, aesthetic, and other benefits from the preserve and any environmental damage to the area would thus harm their members.

Plaintiffs argue that Defendants are violating the National Environmental Policy Act (NEPA) by failing to prepare statutorily required environmental assessments or environmental impact statements. Plaintiffs further argue that the federal Defendants are in violation of the Administrative Procedure Act (APA) for taking action that is arbitrary, capricious, an abuse of discretion, and contrary to the law. They argue that DHS and ICE violate the APA by failing to provide the public with an opportunity for notice and comment and by failing to undergo required environmental review under NEPA, the Endangered Species Act, and the National Park Service Organic Act of 1916. Plaintiffs also argue that the Florida state Defendants are in violation of Florida state law. Plaintiffs seek declaratory and injunctive relief.

Update 1: On Aug. 7, Judge Kathleen Williams reportedly issued a 14-day temporary restraining order from the bench halting further construction of the Everglades-based detention facility known as “Alligator Alcatraz.” The new order bars new lighting, paving, fencing, or other fixtures while the court considers a preliminary injunction request.

Update 2: On Aug. 21, Judge Williams issued a preliminary injunction blocking further installations and site expansion as well as bringing any new detainees to the site.

Update 3: On September 4, the 11th Circuit Court of Appeals granted a stay pending appeal, allowing operations to temporarily continue at the Everglades-based detention facility known as “Alligator Alcatraz.” District Court Judge Williams issued a preliminary injunction earlier this month blocking the administration from expanding the site or bringing in any new detainees. In a 2-1 decision, the panel held the injunction was improper because the defendants had taken no “major federal action.” Although DHS and Governor DeSantis announced that the facility would be funded by the federal government, the court found that no federal funds had yet been expended, and therefore the operation did not constitute “federal action” and was not subject to the relevant procedural requirements under either the National Environmental Policy Act or the Administrative Procedure Act.

Barco Mercado v. Noem (S.D.N.Y.)

1:25-cv-06568

Complaint

2025-08-08Government Action Temporarily BlockedImmigration and CitizenshipImmigration Detention Facilities2025-09-17

An individual detained by ICE at 26 Federal Plaza in Manhattan, filing on behalf of himself and other detainees, filed a class action complaint against ICE and DHS challenging the conditions at the detention site. Plaintiff claimed the detention facility is overcrowded, lacks food and medical care, and that those detained are being denied attorney access. Plaintiff claimed violations of the First and Fifth Amendments and sought a temporary restraining order and preliminary injunction to compel improved living conditions and measures to ensure attorney-client communications. The court granted the temporary restraining order and is considering Plaintiff’s motion for a preliminary injunction.

Update 1: After oral argument on August 12, Judge Kaplan granted a temporary restraining order requiring ICE to improve conditions at its detention site at 26 Federal Plaza in Manhattan. The measures include livelihood improvements, access to medication, access to attorneys, and ensuring attorney-client communications.

Update 2: Following Judge Kaplan’s temporary restraining order requiring improvements to conditions at ICE’s detention site at 26 Federal Plaza in Manhattan, the administration filed a letter on August 14 seeking to stay portions of the TRO. The administration cited security and resource concerns and proposed alternatives to certain measures (excluding interpretation services for attorneys).

Update 3: On August 14, Judge Kaplan stayed the temporary restraining order to the extent it required Defendants to provide toothbrushes instead of teeth cleaning wipes and interpreter services for confidential attorney phone calls.

Update 4:On August 17, Judge Kaplan modified two provisions of the temporary restraining order, relating to access to interpretation services for attorney calls and retention of inhaled medication.

Update 5: On August 25, Judge Kaplan extended the TRO until September 9, 2025 to provide the court time to come to a decision.

Update 6: On September 17, District Court Judge Kaplan granted a preliminary injunction requiring ICE to improve living conditions at its 26 Federal Plaza detention facility in Manhattan. The ordered improvements include access to hygiene products and bedding, increased attorney access, and provision of detainees’ Notice of Rights. In his opinion, Judge Kaplan certified a class consisting of all immigration detainees held at the facility, finding that they were likely to suffer irreparable harm absent preliminary relief, and ruled that the conditions constituted a deliberate and objective deprivation of their First and Fifth Amendment rights. The court described the actions of the the facility as designed to “humiliate and degrade detainees,” and found them illegally punitive.The court acknowledged modest improvements to living conditions following its August 12, 2025 temporary restraining order requiring similar improvements but ruled that these improvements would not continue if the court were to deny a preliminary injunction, citing the administration's continuing pressure to increase arrests and evidence of non-compliance with the TRO.

Hernandez Amaya v. Trump (D.R.I.)

3:25-cv-00889

Complaint

2025-10-06Case ClosedImmigration and CitizenshipImmigration Detention Facilities2025-10-31

On Oct. 6, 2025, the American Civil Liberties Union (ACLU) filed a complaint on behalf of Honduran immigrant Oscar Amaya, alleging that the administration unlawfully sent Amaya to Angola – a Louisiana prison known for its brutal conditions – to serve additional time for a crime for which he had already completed his sentence. The ACLU argues this violates the Double Jeopardy clause and Supreme Court precedent prohibiting punitive immigration detention.

Oct. 31, 2025: The court administratively terminated the action without prejudice to the right of the parties to reopen the proceedings.

Ruiz v. US Immigration & Customs Enforcement (N.D. Cal.)

3:25-cv-09757

Complaint

2025-11-12Awaiting Court RulingImmigration and CitizenshipImmigration Detention Facilities2025-12-22

On Nov. 12, 2025, seven detained individuals filed a class action challenging the conditions of confinement at the California City Detention Facility, a former state prison that U.S. Immigration and Customs Enforcement (ICE) has repurposed under an April 2025 $130 million contract with CoreCivic. Defendants are ICE and Acting Directors Todd Lyons and Sergio Albarran, and the Department of Homeland Security (DHS) and DHS Secretary Kristi Noem. Plaintiffs claim that Defendants house people in small concrete cells without adequate clothing, food, or water, and also subject detainees to inhumane living environments due to inadequate medical and mental healthcare and unsanitary infrastructure. Detainees reportedly face excessive punitive measures, a failure to provide disability accommodations, and substantial impediments to accessing legal counsel and religious services. Plaintiffs claim these conditions violate detainees’ Fifth Amendment due process rights and their First Amendment right to hire and consult counsel. Plaintiffs also claim Defendants are violating Section 504 of the Rehabilitation Act, which prohibits entities that receive federal funding from discriminating against people with disabilities. Plaintiffs ask the court to declare the conditions at the detention facility unconstitutional, declare that Defendants’ policies violate the Rehabilitation Act, and prevent Defendants from continuing to engage in the alleged conduct and from retaliating against Plaintiffs and other participants in this class action.

Dec. 22, 2025: Judge Chesney resolved the Plaintiffs’ motion for TRO and modified the briefing schedule in accordance with a joint stipulation of the parties. A hearing on Plaintiffs’ motion for Preliminary Injunction is scheduled for Feb. 6, 2026.

Reach Community Development v. U.S. Department of Homeland Security (D. Or.)

3:25-cv-02257

Complaint

2025-12-05Awaiting Court RulingImmigration and CitizenshipImmigration Detention Facilities2025-12-05

On December 5, 2025, residents and the property manager of an affordable housing complex adjacent to an Immigration and Customs Enforcement (ICE) detention facility in Portland, Oregon, sued the Department of Homeland Security, ICE, and U.S. Customs and Border Protection alleging that ICE agents repeatedly used tear gas and smoke grenades against residents of the housing complex who have recorded or protested ICE’s actions against other protesters, and have otherwise deployed chemical agents “in atypical ways” that have physically and emotionally injured residents. Plaintiffs assert that Defendants’ actions violate the Fifth Amendment Due Process Clause by infringing on Plaintiffs’ rights to bodily integrity, life, freedom from arbitrary bodily restraint and intrusions on personal security, and property. Plaintiffs further assert that Defendants’ actions constitute unreasonable seizure in violation of the Fourth Amendment. Plaintiffs seek declaratory and injunctive relief prohibiting the use of chemical munitions likely to infiltrate the housing complex unless they are necessary to address a concrete and imminent threat to the lives of the federal officers or other persons.

Community Legal Services in East Palo Alto v. United States Department of Health and Human Services (N.D. Cal.)

3:25-cv-02847

Complaint

2025-03-26Government Action Blocked Pending AppealImmigration and CitizenshipContract Termination for Services to Unaccompanied Minors2025-10-10

On Mar. 21, 2025, the U.S. Department of the Interior (DOI) sent a notice (the “Cancellation Order”) terminating the funding through which the Department of Health and Human Services’ (HHS) Office of Refugee Resettlement (ORR) had provided funding for counsel for unaccompanied immigrant children and ordering nonprofits that had received such funding to “immediately stop work” on their ongoing funded representations for unaccompanied children. Plaintiffs are numerous nonprofits that have received funding from HHS and ORR to provide legal representation and other legal services to unaccompanied children. They have filed suit against Defendants HHS, ORR, and DOI, seeking to enjoin Defendants from ceasing to fund counsel for unaccompanied children. Plaintiffs argue that Defendants’ actions are arbitrary and capricious and violate the Administrative Procedure Act (including conduct not in accordance with law appropriating funds by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and, via the Accardi doctrine, violating the internal 2024 Unaccompanied Children Program Foundational Rule; and “arbitrary and capricious” conduct).

Update 1: On Mar. 27, Plaintiffs filed a motion for a temporary restraining order (TRO), seeking to block Defendants from ceasing funding for direct legal representation services for unaccompanied immigrant children. On Mar. 31, Defendants filed an opposition to the motion for a TRO.

Update 2: On Apr. 1, the Court granted Plaintiffs’ motion for a TRO and enjoined Defendants from cutting off access to congressionally appropriated funding (particularly for direct legal representation services for unaccompanied immigrant children) through Apr. 16.

Update 3: On Apr. 4, Plaintiffs filed a motion for a preliminary injunction to extend the TRO blocking the administration from cutting off congressionally appropriated funding.

Update 4: On Apr. 4, Defendants filed a motion to dissolve the TRO in light of the Supreme Court’s decision in Department of Education v. California, which Defendants assert constitutes a significant shift in law affirming federal agencies’ discretion to make funding determinations.

Update 5: On Apr. 7, Plaintiffs filed an emergency motion to enforce the TRO, alleging that Defendants have not complied with the court’s order.

Update 6: On Apr. 10, the Court extended the TRO until Apr. 30.

Update 7: On Apr. 11, Defendants appealed the Court’s decision to grant and then extend the TRO to the Ninth Circuit Court of Appeals. Update 8: On Apr. 18, the Ninth Circuit denied the appeal.

Update 9: On Apr. 21, the district court issued an order denying motion to dissolve the TRO.

Update 10: On Apr. 23, Defendants petitioned the full Ninth Circuit for an en banc review of the panel’s Apr. 18 decision, and the court denied that petition the following day, Apr. 24.

Update 11: On Apr. 29, the Court granted Plaintiffs’ motion for a preliminary injunction. This order blocks Defendants from withdrawing services or funds provided by ORR as of March 20, 2025 under the TVPRA and the ORR statute until a final judgment on Plaintiffs’ claims is entered.

Update 12: On Apr. 30, Defendants’ appealed the Court’s preliminary injunction order to the Ninth Circuit.

Update 12: On Apr. 30, Defendants’ appealed the Court’s preliminary injunction order to the Ninth Circuit.

Update 13: On May 14, the Ninth Circuit denied the Defendants’ motion for a stay, and the government petitioned for an en banc review on May 28.

Update 14: On October 10, the Ninth Circuit Court of Appeals denied the Government’s motion for a rehearing en banc. The decision leaves in place a district court preliminary injunction preventing the administration from terminating funding for legal representation for unaccompanied children in immigration proceedings. The ruling rejected the Government’s argument that the Plaintiff’s case was a breach of contract action which could only be heard in the Court of Federal Claims, holding that the District Court correctly assumed jurisdiction of the case, which is being brought pursuant to the Administrative Procedure Act, and not from rights derived from contract. The dissent (which was supported by 9 of the 29 active judges) argued that the Tucker Act prohibited the District Court from assuming jurisdiction over the case.

National TPS Alliance et al. v. Noem (N.D. Cal.)

3:25-cv-01766

Complaint


First Amended Complaint 2025-03-20

Second Amended Complaint 2025-07-08

2025-02-19Government Action Not Blocked Pending AppealImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2025-10-03

On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023. Plaintiffs allege that DHS lacks authority to “vacate” a prior TPS extension, but even if it did have such authority, the Secretary’s justifications are “arbitrary and capricious, contrary to law, pretextual, and inexplicably deviate from past practice in violation of the Administrative Procedure Act.” Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags,” Plaintiffs also allege that the Secretary’s actions were motivated at least partly by racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension.

Update 1: On Feb. 20, the Plaintiffs filed a motion to postpone the effective date of DHS’s vacatur and termination orders. The Plaintiffs argued they are likely to succeed on the merits because Secretary Kristi Noem lacked the authority to vacate the extension, the vacatur was arbitrary and capricious, and the government was motivated by racial animus. They also argued that they face a risk of irreparable harm and that, on balance, the Plaintiffs and the public interest would be more harmed by the absence of a stay than the Defendants would be by the imposition of one.

Update 2: On Mar. 3, the Defendants filed a reply to the Plaintiffs’ motion to postpone the effective date. The Defendants argued that the court lacks jurisdiction to review Secretary Noem’s actions or to provide the Plaintiffs’ requested relief. They also argue that even if the court has jurisdiction, the Plaintiffs’ claims fail on the merits.

Update 3: On Mar. 7, the Plaintiffs filed a reply in support of their motion to postpone the effective date of DHS’s orders.

Update 4: On Mar. 20, the Plaintiffs filed an amended complaint adding claims against Secretary Noem’s decision to reduce the 2024 TPS extension for Haiti to 12 months, and asking the court to declare that the 18-month TPS extension remains in effect. Additionally, the court held a hearing on plaintiffs’ motion to postpone the effective date of the Venezuela TPS claim on March 24 and a decision is forthcoming.

Update 5: On Mar. 31, Judge Edward Chen granted plaintiffs motion (in a 78-page court order) to postpone the termination of temporary protected status for Venezuelan nationals.

Update 6: On Apr. 1, Defendants appealed Judge Chen’s Mar. 31 order to the Ninth Circuit Court of Appeals.

Update 7: On Apr. 18, the Ninth Circuit denied the Defendants’ motion for a stay.

Update 8: On Apr. 29, Defendants filed a Motion to Dismiss, alleging that the District Court lacks jurisdiction over the entire action on a variety of grounds. Further, the Motion to Dismiss argues that the Secretary’s actions did not violate the APA, being neither arbitrary nor capricious, and that the Plaintiff’s constitutional claims should fail as a matter of law.

Update 9: On May 1, the Defendants appealed to the U.S. Supreme Court to stay the district court's order.

Update 10: On May 19 the Supreme Court granted the stay for the government.

Update 11: On May 30, the district court granted plaintiffs’ motion to prevent the Defendants’ from invalidating work permits and other documents to a subset of the Venezuelan plaintiffs. The court wrote, “The Court also notes that the relief here would not extend to all Venezuelan TPS holders but rather a discrete subset – somewhere in the neighborhood of 5,000 individuals in the government’s estimation.”

Update 12: On June 4, the Plaintiffs filed a notice of Defedants’ Non-Compliance with court orders regarding discovery, specifically ongoing failure to file required declarations in a timely manner. On June 5, the Court ordered that the Defendants have failed to comply with prior court orders. The Court ordered the government to immediately provide any and all declarations previously ordered by the end of the day.

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Update 13: On July 8, the Plaintiffs filed an amended complaint to further update the complaint in light of changes in administration policy since the complaint was last amended. On July 9, case 25-cv-05687-TLT was referred to Judge Chen to determine the relationship between the cases.

Update 14: On August 25, Judge Chen filed an order to stay the proceedings upon review of parties’ supplemental briefs addressing whether the court should temporarily stay adjudication of parties' motions to dismiss and for summary judgment pending a decision by the Ninth Circuit on Defendant’s appeal of the postponement order.

Update 15: On August 29, the Ninth Circuit affirmed the District Court’s order of Mar. 31 granting Plaintiff’s motion to postpone the termination of temporary protected status for Venezuelan nationals, holding that Plaintiffs have demonstrated a likelihood of success on the merits, that TPS beneficiaries would suffer irreparable injury if relief were not granted; that the public interest and balance of equities tipped sharply in favor of postponement; and that a postponement, effective nationwide, is the only remedy that provides complete relief to the parties before the court and complies with the TPS statute.

Update 16: On September 5, District Court Judge Chen granted summary judgment on the APA claims related to the Venezualan vacatur, the Venezuelan termination, and the Haitian partial vacatur. The court held that the administration acted unlawfully when it canceled Temporary Protected Status (“TPS”) for Venezuelan and Haitian migrants. The court found that DHS Secretary Noem lacked the statutory authority to vacate and terminate TPS designation for those countries. Judge Chen found that the asserted reasons for vacating the decisions had no factual or legal basis, alternatives were not considered, and the justifications given were pretextual, calling the vacatur “preordained” and lacking meaningful analysis and review as required under the Administrative Procedure Act. The court ruled that Secretary Noem’s decisions to vacate and terminate TPS must be set aside and granted summary judgment to the plaintiffs on that basis.

Update 17: On September 10, Judge Chen issued an order denying Defendants’ motion to stay the court’s September 5 judgment while the government appeals to the Ninth Circuit, noting that not only does the government not satisfy all the factors of the standard for a motion to stay pending appeal, it fails to address all but one factor. Though the Supreme Court's prior order stayed the District Court’s order postponing agency action under the relevant section of the APA, that order did not analyze the merits of Plaintiffs’ case and it relates to Venezuela only. Further, Defendant’s argument lacks any evidence supporting their arguments, including for their assertion that Venezuelan and Haitian TPS holders pose any threat to the U.S. by their continued presence.

Update 18: On September 11, District Court Judge Chen granted plaintiff’s emergency motion to enforce his court order requiring USCIS to temporarily re-open the USCIS online registration portal for Venezuelans and amend its website to reflect the Biden-era extension of TPS for Venezuela that remains in force.

Update 19: On September 19, the Ninth Circuit rejected the government’s motion for a stay in a 15-page opinion.

Update 20: On October 3, the U.S. Supreme Court granted the government’s motion for a stay of the district court’s September 5 summary judgment as it applied to Venezuelan TPS.

Casa, Inc. and Make the Road New York v. Noem (D. Md.)

8:25-cv-00525

Complaint

2025-02-20Temporary Block of Government Action DeniedImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2025-04-01

On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023. Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and statements by President Trump, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension.

Mar. 26, 2025: Plaintiffs filed their reply brief in support of their cross-motion for a stay of agency action, arguing that the court has requisite jurisdiction and authority to grant relief, and that Plaintiffs were likely to prevail on their APA claims that the vacatur and termination were contrary to law and incorrectly issued.

Apr. 1, 2025: the court issued an order denying the Plaintiffs’ motion to stay as moot in light of the decision in National TPS Alliance v. Noem, 3:25-cv-01766, (N.D. Cal.) (ECF No. 93) that postponed Secretary Noem’s decision to vacate the TPS extension.

Haitian Americans United Inc. v. Trump (D. Mass.)

1:25-cv-10498

Complaint


Amended Complaint 2025-07-30

2025-03-03Awaiting Court RulingImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2025-12-11

On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023. Additionally, on Feb. 20, Secretary Noem announced a “partial vacatur” of the previous administration’s extension of TPS status for Haitian nationals. Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act (APA) as arbitrary and capricious toward both the Venezuelan and Haitian migrants. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and President Trump’s stigmatization of Haitians, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and stop enforcement of the Haitian and Venezuelan vacatur and termination orders.

Update 1: On March 6, Plaintiffs filed a motion to stay the effective date of DHS’ Venezuela and Haiti Vacaturs and the 2025 Venezuela Termination, as well as a memorandum and declaration in support of the motion to stay.

Update 2: On March 20, Defendants filed a memorandum of law in opposition to Plaintiffs’ motion to stay, arguing that the Court lacks jurisdiction, the plaintiffs have failed to demonstrate a likelihood of success on the merits, any harm the Plaintiffs may suffer is based on the inherent nature of the statute, the balance of equities and public interest weigh against preliminary injunctive relief, and that the requested relief is overboard.

Update 3: On March 27, Plaintiffs filed a reply in support of their motion to postpone the effective date of the Haiti and Venezuela Vacaturs and Venezuela termination, rebuffing the arguments proffered by Defendants in their March 20 memorandum.

Update 4: On April 1, the Court filed a finding that the motion for a stay was moot on the basis that plaintiffs have already received the relief they requested.

Update 5: On May 6, Defendants filed a motion to dismiss, alleging the Court lacks jurisdiction over the entire action and that the secretary’s determinations did not violate the APA as they were not arbitrary and capricious.

Update 6: On July 30, Plaintiffs filed an amended complaint in which they added an additional allegation of an APA violation for the 2025 Haiti Termination order, which was published by DHS on July 1. On July 31, the court then entered an order finding the Defendants’ motion to dismiss moot in light of the amended complaint.

Update 7: On Aug. 15, Plaintiffs filed a motion for partial summary judgment on the question of whether DHS has the statutory authority to vacate an existing TPS designation or extension, arguing that the TPS statute does not provide such authority and that the TPS designations for Haiti and Venezuela are not yet set to be reexamined and thus could not be rescinded. Plaintiffs requested that the court grant partial summary judgment and set aside the rescission of TPS for Haiti and Venezuela and the resulting immigration status terminations.

Update 8: On Sep. 5, Defendants filed their opposition to Plaintiff’s motion for partial summary judgment, combined with a motion to dismiss Plaintiffs’ amended complaint. Plaintiffs filed their consolidated opposition to Defendants’ motion to dismiss and their reply supporting their motion for partial summary judgment on Sep. 19.

Update 9: On Oct. 1, Defendants filed a motion to stay the proceedings in light of a lapse in the appropriations act that had been funding the Department of Justice on Sep. 30. Because of the government shutdown, Department of Justice attorneys are prohibited from working on the present case. The court granted the motion to stay on Oct. 2.

Update 10: On Dec. 11, the court denied a motion to dismiss and stayed the proceedings pending exhaustion of the appeals process in Noem v. National TPS Alliance.

Haitian Evangelical Clergy Association v. Trump (E.D.N.Y.)

1:25-cv-01464

Complaint

2025-03-14Government Action BlockedImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2025-09-25

Plaintiffs are Haitian nationals and beneficiaries of Temporary Protected Status (TPS), a status given to citizens of certain designated countries that are suffering from humanitarian, security, and political crises. TPS provides beneficiaries with work authorization and protection from deportation in the United States. TPS status generally runs for a fixed period of between 6 and 18 months and may be extended or terminated only after a statutorily prescribed periodic review. The newly installed Secretary of Homeland Security, Kristi Noem, purported to revoke the Biden administration’s 2024 extension of humanitarian protections against deportations for up to 500,000 Haitians living in the US. In a suit filed Mar. 14, Plaintiffs argued that this revocation violated the Administrative Procedure Act (APA) and the Due Process Clause of the 5th Amendment, as well as exceeded the Department of Homeland Security’s (DHS) statutory authority.

Update 1: On Jul. 1, Judge Brian Cogan granted Plaintiffs’ motions for postponement of the partial vacatur and partial summary judgment. Judge Cogan blocked the Trump administration’s efforts by holding that Noem’s attempt to let the protections expire effective Sept. 2 was unlawful because it ignored provisions requiring her to give early notice to recipients. Judge Cogan postponed DHS action on the issue pending the resolution of Plaintiffs’ other claims.

Update 2: On Jul. 15, Judge Cogan granted voluntary dismissals of Plaintiffs’ other claims as moot and granted summary judgment on remaining claims reflected in the Jul. 1 ruling.

Update 3: On Jul. 28, Judge Cogan denied plaintiffs’ motion to amend the judgment, holding that additional declaratory language was unnecessary because DHS had updated its website to reflect that Haiti’s TPS designation and automatic EAD extensions run through Feb. 3, 2026 and had confirmed on the record that it would comply with the court’s prior ruling. He concluded that the absence of a new Federal Register notice did not create legal uncertainty or undermine the judgment setting aside Secretary Noem’s partial vacatur, so there was “nothing more to say” and no basis to alter the existing judgment.

Update 4: On Sept. 25, the government filed a notice of appeal to the Second Circuit from Judge Cogan’s Jul. 15 summary judgment order.

CASA, Inc. v. Noem (D. Md.)

8:25-cv-01484

Complaint

2025-05-07Temporary Block of Government Action DeniedImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2025-07-23

[Coming soon - on TPS for Afghan nationals]

Update 1: On Jul. 10, Judge Theodore David Chuang issued an order and opinion denying Plaintiffs’ motion for summary judgment and to stay the agency action under 5 U.S.C. § 705, declining to halt the administration’s termination of Temporary Protective Status (TPS) for nationals of Afghanistan and Cameroon. Judge Chuang also denied the government's cross-motion for summary judgment and motion to dismiss the complaint. On Jul. 13, Plaintiffs filed a notice of appeal to the Fourth Circuit.

Update 2: On Jul. 14, Judge Chuang denied Plaintiffs’ motion to stay the court’s Jul. 10 order and opinion.pending appeal.. However, on the same day, the Fourth Circuit granted an administrative stay, pausing the TPS termination for Afghanistan until Jul. 21.

Update 3: On Jul. 23, following the Fourth Circuit’s Jul. 21 refusal to stay pending appeal the termination of TPS for Afghanistan and Cameroon, Plaintiffs voluntarily dismissed their appeal. The case now continues before Judge Chuang.

National TPS Alliance v. Noem (N.D. Cal.)

3:25-cv-05687

Complaint

2025-07-07Government Action Blocked Pending AppealImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2026-01-08

On Jan. 17, 2025, Department of Homeland Security Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023. In the following weeks, TPS was terminated for many countries, including Haiti, Afghanistan, Cameroon, Nepal, Honduras, and Nicaragua with little notice to TPS holders.

On July 7, 2025, the National TPS Alliance filed a complaint challenging the administration’s revocation of these designations. Plaintiffs represent an alliance of over 1,000 TPS holders from Honduras, Nepal, and Nicaragua residing in the U.S., who allege their lives have been uprooted by the uncertainty of the future of TPS as they may promptly be forced out of the country that has come to be their home. Plaintiffs allege that the termination of TPS designations by DHS and Secretary Noem violate the Administrative Procedure Act as arbitrary and capricious and contrary to law. Plaintiffs also allege that the TPS terminations are motivated at least partially by racial bias, as Secretary Noem and President Trump have repeatedly referenced racist theories and described non-white, non-European immigrants as “dirt bags”, and thus constitute a violation of the Equal Protection guarantee of the Due Process clause of the Fifth Amendment. Plaintiffs seek declaratory relief, a postponement or stay of the terminations of TPS for Honduras, Nepal, and Nicaragua, and an injunction against the enforcement of the TPS terminations.

July 11, 2025: Judge Trina L. Thompson referred the case for consideration as to whether it is related to National TPS Alliance v. Noem, 3:25-cv-01766, (N.D. Cal.) (ECF No. 93).

July 31, 2025: Judge Thompson granted a motion to postpone the administration’s termination of TPS designations for nationals of Honduras, Nepal, and Nicaragua. The court stayed the termination until at least the next hearing scheduled for November 18. Judge Thompson found that DHS Secretary Kristi Noem’s statements showed “animus against immigrants and the TPS program,” and the administration failed to justify the termination on grounds of border security or foreign policy. “Color is neither a poison nor a crime,” the judge wrote.

Aug. 20, 2025: In a two-page order, the Ninth Circuit unanimously granted the Justice Department’s request for an emergency order allowing it to proceed with the termination of Temporary Protected Status for citizens of Nicaragua, Honduras, and Nepal while litigation on the action continues.

Dec. 31, 2025: Judge Thompson denied the government’s motion to dismiss, excluded most defense expert testimony, and granted Plaintiffs’ partial summary judgment, finding DHS’s TPS terminations arbitrary and capricious under the APA.

Jan. 8, 2026: Defendants appealed to the Ninth Circuit.

Coalition for Humane Immigrant Rights v. Noem (D.D.C.)

1:25-cv-00872

Complaint

2025-03-24Government Action Blocked Pending AppealImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2025-09-12

On March 24, Plaintiffs sued Department of Homeland Security (DHS) Secretary Kristi Noem and President Donald Trump in their official capacities, along with other individuals in their official capacity with Immigration and Customs Enforcement (ICE), challenging the administration’s expedited removal policy for immigrants paroled into the United States, including on humanitarian parole, through a series of memorandums and directives in January, February, and March. Plaintiffs allege this series of expedited removal directives violate the Administrative Procedure Act (APA) as contrary to law and arbitrary and capricious, as well as the Due Process clause of the Fifth Amendment. Plaintiffs seek declaratory relief, as well as preliminary and permanent injunctions against the directives and memorandums, as well as an injunction on expedited removal for noncitizens previously granted parole.

Update 1: On Aug. 1, Judge Jia Cobb granted a motion to stay (pending conclusion of the review proceedings) the administration’s expedited deportation practices for immigrants who are paroled into the United States, including via a memorandum by then-acting DHS Secretary Benjamin Huffman on January 23, a February 18 directive issued by ICE, and the March 25 termination notice of the parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV). “This case presents a question of fair play.” Judge Cobb wrote. “In a world of bad options, [plaintiffs and other similarly paroled immigrants] played by the rules.” Judge Cobb found that “neither the applicable statutes nor principles of reasoned decision-making authorizes the challenged agency actions.”

Update 2: On Aug. 5, the government filed a notice of appeal to the D.C. Circuit (No. 25-5289) from the district court’s Aug. 1 stay order.

Update 3: On Aug. 13, the district court denied a stay of its Aug. 1 order.

Update 4: On Aug. 18, the D.C. Circuit issued an administrative stay, partially staying the district court’s Aug. 1 stay order pending further order of the court.

Update 5: On Sept. 12, the D.C. Circuit dissolved its Aug. 18 administrative stay and denied the emergency motion for a stay pending appeal.

Doe v. Noem (S.D.N.Y.)

1:25-cv-08686

Complaint

2025-10-20Government Action Temporarily Blocked in Part; Temporary Block Denied in PartImmigration and CitizenshipDHS Revocation of Temporary Protective Status (TPS)2025-11-19

On Oct. 20, seven Syrian nationals with Temporary Protected Status (TPS) or pending applications filed a class action complaint against the administration, challenging the Department of Homeland Security’s decision to terminate Syria’s TPS designation with only 60 days’ notice. Plaintiffs allege that DHS violated the TPS statute and the Administrative Procedure Act by failing to consult other agencies and properly consider the ongoing humanitarian crisis in Syria, instead impermissibly relying solely on national interest grounds. Plaintiffs further claim that the termination was motivated by discriminatory animus to fulfill “campaign promises to curb non-white immigration,” violating the Fifth Amendment’s guarantee of equal protection. Plaintiffs ask the court to set aside the termination or grant injunctive relief.

Update 1: On Nov. 19, Judge Failla granted in part plaintiffs’ motion for a preliminary injunction and postponed DHS’s termination of Temporary Protected Status for Syrians, citing violations of the APA.

V.M.L. v. Harper (W.D. La.)

1:25-cv-00550

Habeas petition

2025-04-25Case ClosedImmigration and CitizenshipDHS/ICE actions toward U.S. citizens2025-05-08

On Apr. 22, U.S. Immigration and Customs Enforcement (ICE) detained V.M.L., a two-year old United States Citizen, along with her mother and sister following a routine check-in under the Intensive Supervision Appearance Program. The three are believed to be in custody in Alexandria after the mother and sister were served with deportation orders, but V.M.L.’s precise location is unknown to both her father and her custodian. V.M.L.'s custodian brought this habeas petition on Apr. 24 to secure V.M.L.'s release from unlawful detention, alleging this detention is in excess of executive authority and in violation of the Fourth Amendment protection against unreasonable seizures and Fifth Amendment substantive due process right. The Petitioner immediately filed a motion for an emergency TRO, and the Petitioner filed a reply in further support of this motion the next day, on Apr. 25. The government opposed the motion for the emergency TRO on Apr. 25, and Judge Terry Doughty released a memorandum order that day to set a hearing for May 16, 2025, due to the Court’s belief that V.M.L., her mother, and her sister were already deported.

Update 1: On May 8, the parties submitted a joint stipulation of dismissal.

Chavarria v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-04289

Complaint

2025-12-10Awaiting Court RulingImmigration and CitizenshipDHS/ICE actions toward U.S. citizens2025-12-10

On Dec. 10, Wilmer Chavarria sued the Department of Homeland Security, alleging that ICE agents detained him and illegally searched his belongings and devices despite his U.S. citizenship at a Houston airport. Officers cited three directives: a Customs and Border Protection (CBP) Directive “Border Searches of Electronic Devices,” which authorized warrantless seizure, retention, and review of electronic devices for a reasonable period with “supervisory approval,” a second CBP Directive “Border Searches of Electronic Devices Tear Sheet,” which contemplates conveyance of electronic devices to ICE, and ICE Directive “Border Searches of Electronic Devices,” which authorized “ICE special agents” (which includes CBP Officer or Border Patrol Agent) to conduct warrantless, suspicionless searches of electronic devices. Officers stated that warrantless searches of electronic devices and their content were covered under the “border exception” to the Fourth Amendment that covers searches of electronic devices and their contents, traditionally in the context of searches of persons entering the United States and their physical property. Plaintiff Chavarria claims that the warrantless searches of electronic devices purportedly authorized by these directives violate the Fourth Amendment prohibition against unreasonable search and seizure and do not fall into the Fourth Amendment’s “border exception.” Plaintiff Chavarria seeks a declaratory judgment of the policies as unconstitutional, an order setting these policies aside, an injunction prohibiting defendants from performing warrantless searches of Plaintiff’s electronic device, and reasonable attorneys fees.

Taal v. Trump (N.D.N.Y.)

3:25-cv-00335

Complaint

2025-03-15Case ClosedImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2025-03-31

On Jan. 20, President Donald Trump issued an Executive Order (EO) directing federal agencies to enhance immigration screening and vetting procedures to prevent the entry of individuals who may pose a terrorist, national security, or public safety threat to the U.S. On Jan. 29, Trump issued an EO directing federal resources and civil rights enforcement authorities to combat antisemitism on higher education campuses. On March 14, 2025, the State Department notified ICE that it had revoked the F-1 student visa of a noncitizen lawfully residing in the U.S. named Momodou Taal. On Mar. 15, Plaintiffs, Momodou Taal and other citizens and noncitizens lawfully residing in the United States, filed suit against Trump, the Department of Homeland Security (DHS), and Secretary of DHS Kristi Noem to preliminarily and permanently enjoin DHS from enforcing parts of the EOs on the grounds that they violate the First and Fifth Amendments. Plaintiffs also filed a motion requesting a TRO and preliminary injunction, seeking to temporarily block Defendants from detaining and deporting Taal and similarly situated individuals while the case proceeds.

Update 1: On Mar. 22, the Government filed an opposition to Plaintiffs’ request for a TRO and preliminary injunction.

Update 2: On Mar. 27, Judge Elizabeth Coombe denied the motion for a temporary restraining order. Coombe held that the Plaintiffs did not satisfy the high burden for a temporary restraining order. “To the extent a violation of Taal’s First Amendment rights subjected him to the commencement of removal proceedings, Plaintiffs have not shown that this claim is within the jurisdiction of the Court,” Coombe also wrote. The court recognized that same day the Plaintiffs had simultaneously submitted an amended complaint and asked for further briefing on the effect of the judgment. Plaintiffs also submitted a new motion for a temporary restraining order, and the judge set an expedited briefing schedule in response.

Update 3: On Mar. 31, the Plaintiff submitted a notice of voluntary dismissal of the case without prejudice. Taal reportedly decided to leave the United States.

Vizguerra-Ramirez v. Choate et al (D. Colo.)

1:25-cv-00881

Habeas petition (under seal)


Amended Habeas petition 2025-04-08


2025-03-18Government Action Temporarily BlockedImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2025-12-17

On Mar. 17, Jeanette Vizguerra-Ramirez, a citizen of Mexico, was detained by agents of United States Immigration and Custom Enforcement (ICE). On Mar. 18, she filed a petition for writ of habeas corpus, asserting that her detention is unlawful because she has not been placed in removal proceedings or subject to a valid, reinstated prior order of removal. She has asked the Court to release her immediately and declare that her detention is unlawful and unconstitutional under the Fifth Amendment.

Mar. 21, 2025: Judge Nina Wang ordered that Vizguerra-Ramirez should not be removed from the U.S. unless either the district court or court of appeals vacate the order.

Apr. 8, 2025: Vizguerra-Ramirez filed an amended habeas petition

Dec. 17, 2025: The court held that Vizguerra-Ramirez’s detention has become unreasonably prolonged and her case constitutionally requires a bond hearing.

Suri v. Trump (E.D. Va.)

1:25-cv-00480

Habeas petition

First Amended Habeas Petition 2025-04-08

Second Amended Habeas Petition 2025-06-30

2025-03-18Government Action Blocked Pending AppealImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2025-08-05

Dr. Badar Khan Suri is a Georgetown professor and postdoctoral scholar on religion and peace processes in the Middle East and South Asia who has been vocal in his support of Palestinian rights and his family’s ties to Gaza. Though he lives and works legally in the United States on a research scholar and professor visa, he was arrested without charge by masked ICE agents and transferred to an immigration detention center in Louisiana to await deportation. Suri is suing the administration on the basis that his arrest is in violation of the Due Process Clause and the First Amendment of the U.S. Constitution.

Update 1: On Mar. 20, Petitioner filed a motion to compel the respondents to return Suri to the Eastern District of Virginia and a memorandum in support of said motion.

Update 2: On Mar. 20, the Court ordered that Suri shall not be removed from the United States unless and until the Court issues a contrary order.

Update 3: On Mar. 27, Petitioner filed a motion for release on bond.

Update 4: On Apr. 1, respondents filed a motion to dismiss or transfer the case, as well as an opposition to the motion to compel respondents to return petitioner to the Eastern District of Virginia.

Update 5: On Apr. 3, Respondents filed a response in opposition to Suri’s motion for release on bond.

Update 6: On Apr. 8, Petitioner filed an amended habeas petition.

Update 7: On Apr. 15, Petitioner filed a memorandum in opposition to the motion to dismiss and the motion to transfer case.

Update 8: On Apr. 21, Respondents filed a reply to the response to the motion to dismiss and motion to transfer case.

Update 9: On May 6, the Court found that it has habeas jurisdiction to consider the petition and consequently denied the motion to dismiss and motion to transfer venue.

Update 10: On May 14, the Court granted the petitioner’s motion for release on bond. Respondents appealed this order and the Court’s Mar. 20 order to the Fourth Circuit on May 15.

Update 11: On June 10, the Plaintiffs filed a motion for leave to file a second amended complaint.

Update 12: On June 30, Petitioner filed a second amended complaint.

Update 13: On July 1, the Fourth Circuit denied the administration’s request to stay a lower court’s order requiring the release of Badar Khan Suri from immigration detention. The court rejected the government’s argument that the lower court lacked jurisdiction, emphasizing that permitting transfers to avoid judicial review would reduce the writ of habeas corpus “to a game of jurisdictional hide-and-seek.” Judge Wilkinson dissented.

Update 14: On August 5, Dr. Badar Khan Suri, a researcher previously detained by the administration, reached a settlement agreement with the administration and withdrew his June 23 motion for preliminary injunction. The administration agreed to maintain the visa status of Suri’s family throughout the litigation and allow him to return to work. If the administration intends to revoke Suri’s status due to separate legal grounds, it will provide a 21-day notice. The litigation remains ongoing.

Mahmoud Khalil v. William P. Joyce et al. (D.N.J.)

2:25-cv-01963

Habeas petition


First Amended Petition & Complaint 2025-03-13

Second Amended Petition & Complaint 2025-04-03

Third Amended Petition & Complaint 2025-05-08


Fourth Amended Petition & Complaint 2025-10-06

2025-03-19Government Action Blocked Pending AppealImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2026-01-15

On March 8, 2025, Immigration and Customs Enforcement (ICE) agents detained Mahmoud Khalil, a Palestinian activist and lawful U.S. permanent resident (a green card holder). Khalil is a recent graduate of Columbia University, where he played a prominent role in organizing pro-Palestinian demonstrations against Israel’s military actions in Gaza. (See also Declaration by Khalil’s attorney) The habeas petition alleges, “At the time this proceeding was initiated, [Khalil] was detained at 26 Federal Plaza in New York, New York.” The government moved Khalil to a detention facility in Louisiana, away from his New York home and his wife, who is eight months pregnant and a U.S. citizen. His legal team filed a habeas corpus petition challenging the legality of his detention and deportation efforts. Khalil’s legal team also moved to compel the government to return him to the Southern District of New York (SDNY). On March 10, SDNY federal judge Jesse Furman temporarily blocked his removal from the United States pending further judicial review, which he extended after an emergency conference hearing on Mar. 12.

March 12, 2025: The government submitted a declaration from ICE Acting Field Office Director of the NYC office which stated: "At the time Khalil filed a petition for a writ of habeas corpus in the Southern District of New York, he was detained at Elizabeth Detention Facility in Newark, New Jersey." The government filed a motion to dismiss or transfer the case to the Western District of Louisiana.

March 12, 2025: Judge Jesse Furman issued an order lifting restrictions on remote access to electronic files, making all prior and future filings publicly available unless redacted or sealed. The judge also ordered that Khalil be granted at least one privileged attorney-client call on March 12 and at least one such call on March 13.

March 13, 2025: Petitioner Mahmoud Khalil filed his first amended petition and complaint. On March 14, Petitioner Mahmoud Khalil filed his opposition to the government’s motion to dismiss or transfer the case. The filing argues that, if the court concludes it is not the proper venue for Khalil’s claims, the petition should be transferred to the District of New Jersey (not the Western District of Louisiana, as requested by the government) based on the immediate custodian rule.

March 15, 2025: Petitioner Mahmoud Khalil moved for his release. On March 17, Khalil moved for a preliminary injunction: “(1) ordering the release of Mr. Khalil for the pendency of this litigation; (2) enjoining Respondent Rubio’s determination that the INA’s ‘Foreign Policy Ground’ applies to him for the pendency of this litigation; and (3) enjoining Respondents from enforcing their Policy of arresting, detaining, and removing noncitizens who engage in constitutionally protected expressive activity in the United States in support of Palestinian rights or critical of Israel for the pendency of this litigation.”

March 19, 2025: Judge Furman denied the government’s motion to dismiss the Petition, but granted the government’s motion to transfer the case, albeit to the District of New Jersey, not to the Western District of Louisiana. The case is now before Judge Michael Farbiarz.

April 1, 2025: Judge Michael Farbiarz issued an order and opinion holding the court has habeas jurisdiction over the case, and soliciting the parties’ views on appealability of the order.

April 2, 2025: The government filed a motion opposing Petitioner Mahmoud Khalil’s motion for a preliminary injunction. The government argues that Petitioner Khalil cannot meet the requirements for a preliminary injunction because they claim that: (1) Petitioner Khalil cannot show a likelihood of success on the merits; (2) Petitioner Khalil has not established irreparable harm, given that he allegedly has multiple other avenues to seek release; and (3) the public interest favors the government, given the allegedly significant public interest in swift enforcement of U.S. immigration laws. In addition, the government requests that a bond be posted should Petitioner Khalil be granted an injunction.

April 3, 2025: Petitioner Mahmoud Khalil filed a second amended petition and complaint which adds Yolanda Pittman, the warden of the detention facility where Khalil was held in New Jersey on March 9, 2025, as a defendant.

April 6, 2025: Petitioner Mahmoud Khalil filed a reply in support of his motion for a preliminary injunction. Khalil argues the government is mistaken in its claim that the Immigration and Nationality Act prohibits judicial review of his challenge to his detention and the policy decisions that led to his detention. Khalil also seeks to rebut the government’s arguments that his claims are unlikely to succeed, he has not established irreparable harm, and the balance of the equities leans in favor of the government.

April 29, 2025: The District Court reaffirmed its finding of habeas jurisdiction over the case.

May 1, 2025: Petitioner Mahmoud Khalil submitted a letter requesting to amend his petition to reflect the transfer of his case to the District of New Jersey, the addition of Yolanda Pittman as a defendant, and the addition of a new charge of removability. On May 8, he submitted a third amended petition and complaint.

May 28, 2025: Judge Farbiarz ruled in Khalil's favor on the ground that removal for his political activity was unconstitutionally vague, 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. The court denied Khalil's motion for a preliminary injunction on the latter, but indicated Khalil could supplement the record.

June 11, 2025: Judge Farbiarz blocked the Trump administration from deporting pro-Palestinian Columbia University protest organizer Mahmoud Khalil, ruling that the government’s effort to deport Khalil by arguing his presence would “have serious adverse foreign policy consequences” chills Khalil’s First Amdendment Rights.

June 13, 2025: Judge Farbiarz found that the government may continue to detain Mahmoud Khalil on a separate immigration charge, so long as detention is not based on the government’s initial determination that Khalil is a national security threat. This ruling comes after the government responded to the court’s June 11 order, claiming that the court did not order Khalil’s release, but only barred his detention.

June 20, 2025: Judge Farbiarz ordered Mahmoud Khalil, who is currently detained by federal immigration authorities in Louisiana, be released from custody. On that same day, the government appealed Judge Farbiarz’s June 11 order granting a preliminary injunction to the Third Circuit. Note: Mahmoud Khalil submitted a notice of claim under the Federal Tort Claims Act, seeking $20 million in damages from the administration for his detention. The notice alleges that Khalil’s arrest and prolonged confinement were the result of discriminatory intent by Secretary Rubio, and that his treatment—including prolonged solitary confinement and denial of medical care—constituted multiple tortious acts by federal officers.

July 9, 2025: The petitioner filed a new motion for a preliminary injunction, which the court denied on July 25 as an improper successive motion.

July 16, 2025: Judge Fabiarz issued opinions on July 16 and July 17 clarifying the meaning of the preliminary injunction issued on June 11. Judge Fabiarz also ordered an immigration judge to vacate or amend her June 20 decision, which was determined to be directly inconsistent with the preliminary injunction.

July 18, 2025: The government appealed Judge Fabiarz’s orders to the Court of Appeals for the Third Circuit

July 30, 2025: The Third Circuit denied the motion to stay pending appeal of Judge Farbiarz’s June 20 release order, and granted in part and denied in part the motion to stay the July 17 order clarifying the June 11 preliminary injunction, stating that the latter order is “stayed only insofar as it requires Appellants to cause the Immigration Judge to consider Appellee’s request for a waiver of removability.”

Sept. 12, 2025: An immigration judge ordered Mahmoud Khalil be deported to Algeria or Syria, citing nondisclosure of Khalil’s membership in certain groups on his green card application.

Sept. 17, 2025: Mahmoud Khalil submitted a letter arguing that the immigration court’s decision to deny Khalil the standard hearing is “part and parcel” of the government’s "broader effort to retaliate against Petitioner for his constitutionally protected expression in support of Palestinian rights.” Khalil asked the district court for leave to amend his complaint to further substantiate his claim of pretextual First Amendment retaliation.

Oct. 6, 2025: Khalil submitted a fourth amended complaint, which incorporates new precedent, evidence, and factual circumstances developed since the submission of the third amended complaint in May 2025.

Oct. 21, 2025: Oral argument took place in the Third Circuit.

Jan. 15, 2026: The Third Circuit ruled that the District Court had been stripped of jurisdiction over Mahmoud Khalil’s challenge to his detention by the Immigration and Nationality Act (INA), barring Khalil “from attacking his detention and removal in a habeas petition.” Accordingly, it issued an order denying Mr. Khalil’s motion to dismiss and an order vacating and remanding five District Court orders with instructions to dismiss the petition for lack of subject matter jurisdiction.

Chung v. Trump (S.D.N.Y.)

1:25-cv-02412

Complaint and Habeas Petition

2025-03-24Government Action Temporarily BlockedImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2025-07-03

On January 29, 2025, President Donald Trump signed Executive Order 14188 (“EO”) declaring that the Administration would prioritize investigating “post October 7, 2023 campus anti-Semitism.” An accompanying White House fact sheet explained “Immediate action will be taken by the Department of Justice to protect law and order, quell pro-Hamas vandalism and intimidation, and investigate and punish anti-Jewish racism in leftist, anti-American colleges and universities” and that the EO “demands the removal of resident aliens who violate our laws.” Following this EO, the Department of State adopted a Policy under which Secretary of State Marco Rubio would be empowered to determine whether a noncitizen’s activities had “potentially serious adverse foreign policy consequences for the United States” and to permit the Department of Homeland Security to seek to detain and deport such a person. On Mar. 8, an Immigration and Customs Enforcement (ICE) official signed an administrative arrest warrant for Yunseo Chung, a Columbia University student and lawful U.S. permanent resident who was identified as a pro-Palestinian protestor who attended a student sit-in demonstration at Columbia on Mar. 5. Chung has not yet been detained and has proactively filed a petition for habeas corpus asking the Court to block Trump, Rubio, and other government officials from taking enforcement action against her, including detaining her or removing her from the U.S., until a court has heard her case. She also requested that the Court vacate and set aside as unlawful Defendants’ policy of targeting noncitizens for removal on the basis that the policy violates the First and Fifth Amendments.

Update 1: On Mar. 24, Judge Naomi Reice Buchwald granted a temporary restraining order.

Update 2: On Mar. 28, Defendants submitted a notice of appeal to the Ninth Circuit.

Update 3: On Apr. 10, Chung filed a motion to expedite discovery to support her preliminary injunction motion which, if granted, would prevent her detention and transfer.

Update 4: On Apr. 14, Defendants replied in opposition to Chung’s motion to expedite discovery.

Update 5: On Apr. 29, Chung filed a memorandum in further support of her motion for a preliminary injunction, emphasizing (1) that Defendants did not deny that Chung’s detention constitutes viewpoint discrimination, serves no constitutionally valid purpose, and violates the constitutional prohibition on imprisonment without due process; and (2) Defendants’ arguments rest on jurisdictional challenges that have been repeatedly rejected. On that same day, Chung filed a memorandum in opposition to Defendants’ motion to dismiss, arguing that Defendants’ motion ignores key language in the INA and expansively reads statutes that higher courts have repeatedly construed narrowly in alleging Chung’s presence or activities in the U.S. would have serious adverse foreign policy consequences.

Update 6: On May 14, Defendants replied in support of their motion to dismiss, further emphasizing their belief that the court lacks jurisdiction over Chung’s claim.

Update 7: On May 20, Chung filed a sur-reply in further opposition to Defendants’ motion to dismiss to address intervening 2nd Circuit decisions in Ozturk v. Hyde and Mahdawi v. Trump that reject Defendants’ jurisdictional challenges.

Update 8: On June 5, Judge Buchwald issued a preliminary injunction against Defendants, enjoining them from detaining and/or arresting Chung and from transferring Chung out of the court’s jurisdiction.

Update 9: On July 3, Defendants appealed Judge Buchwald’s preliminary injunction order to the Second Circuit.

Ozturk v. Hyde (D. Vt.)

2:25-cv-00374

Habeas petition (Mar. 25, 2025)

Amended habeas petition (Mar. 28, 2025)

2025-03-25Government Action Temporarily BlockedImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2025-12-08

On Mar. 25, Rumeysa Ozturk, a citizen of Turkey and PhD student at Tufts University, was detained by agents of the U.S. Department of Homeland Security (DHS). The same day, she filed a petition for a writ of habeas corpus, which is under seal.

Update 1: On Mar. 25, Judge Indira Talwani issued an order requiring the Department of Homeland Security to provide 48-hours notice before moving Ozturk outside of the District of Massachusetts.

Update 2: On Mar. 28, Ozturk, now also represented by the ACLU and CLEAR, filed an amended petition for habeas relief. On that same day, Judge Talwani ordered that Ozturk not be removed from the U.S. until the Court orders otherwise.

Update 3: On Apr. 1, Defendants filed a response to Ozturk’s amended complaint, to which Ozturk replied on Apr. 2.

Update 4: On Apr. 4, U.S. District Judge Denise Casper rejected the government’s motion to dismiss the Plaintiff’s petition or to transfer Ozturk to Louisiana, instead ordering her transferred to Vermont.

Update 5: On Apr. 18, Judge William Sessions issued an order for Ozturk to be transferred to ICE custody within the District of Vermont no later than May 1 and for a bail hearing on May 9. In rejecting the government’s request to dismiss the petition, Judge Sessions wrote, “The Court further finds that Ms. Ozturk has raised significant constitutional concerns with her arrest and detention which merit full and fair consideration in this forum.” Defendants appealed this order on April 22.

Update 6: On May 2, Ozturk filed a supplemental memorandum in support of her motion for release. In the alternative, Ozturk requested to be returned to Vermont.

Update 7: On May 7, the Second Circuit rejected the Defendants' appeal and held that Ozturk must be transferred to Vermont by May 14.

Update 8: On May 9, following a hearing, Judge William Sessions ordered Ozturk's immediate release.

Update 9: On Aug. 18, Judge Sessions denied Ozturk’s preliminary injunction motion, which requested that her Student Exchange and Visitor Information System (SEVIS) record be restored. Judge Sessions severed Ozturk’s claims relating to her SEVIS record from her habeas petition and transferred the SEVIS claims to the District Court for the District of Massachusetts.

Update 10: On Aug. 21, the case was transferred from the District of Vermont and opened in the District of Massachusetts as No. 1:25-cv-12334.

Update 11: On Dec. 8, Chief Judge Denise J. Casper issued a preliminary injunction (and accompanying order and memorandum) on APA grounds, and therefore did not reach the First Amendment claim at the preliminary-injunction stage.

American Association of University Professors v. Rubio (D. Mass.)

1:25-cv-10685

Complaint

2025-03-25Government Action BlockedImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2025-09-30

On Jan. 20, President Trump issued an Executive Order (EO) directing federal agencies to enhance immigration screening and vetting procedures to prevent the entry of individuals who may pose a terrorist, national security, or public safety threat to the United States. On Jan. 29, the president issued an EO directing federal resources and civil rights enforcement authorities to combat antisemitism on higher education campuses. On Mar. 25, Plaintiffs, the American Association of University Professors and other academic groups, filed suit against Trump, the Department of State, the Department of Homeland Security (DHS) and others, alleging that to implement these EOs, Defendants have engaged in an "ideological-deportation policy" against noncitizen students and faculty who participate in pro-Palestinian protests. Plaintiffs allege that the deportation policy creates a “climate of repression and fear on university campuses” and prevents U.S. citizen members of the academic groups from hearing from and associating with noncitizen students and colleagues, as well as making it more difficult for members to collaborate with noncitizen students and colleagues. The academic groups allege that the policy violates the First Amendment because it "entails the arrest, detention, and deportation of noncitizen students and faculty on the basis of, or in retaliation for, their political viewpoints" and is "not narrowly tailored to any compelling governmental interest." According to the academic groups, the policy also violates the Fifth Amendment and the Administrative Procedure Act (as “arbitrary and capricious” conduct). They ask the court to block the agencies from further implementing the policy.

Update 1: On Apr. 1, 2025, Plaintiffs filed a motion for preliminary injunction and expedited briefing, asking the court to stop the agencies from implementing or enforcing the policy.

Update 2: On Apr. 14, the government filed a memorandum in opposition to the motion for preliminary injunction arguing that the court lacks jurisdiction, does not violate the First Amendment, and that the balance of equities do not support granting the relief sought. On Apr. 18, Plaintiffs filed a reply in support of their motion for preliminary injunction. On Apr. 23, at a hearing on the motion for preliminary injunction, the parties agreed to treat the government’s response in opposition as a motion to dismiss and the court took the motion under advisement.

Update 3: On Apr. 29, the court granted the motion to dismiss on third count (Fifth Amendment vagueness), but denied the motion to dismiss on the first (First Amendment), second (First Amendment), and fourth (APA) counts.

Update 4: On Jul. 7, Plaintiffs filed their trial brief, and a bench trial commenced before Judge William G. Young.

Update 5: Following a bench order by Judge Young that Defendants waived all privileges for the documents produced to the Court in camera, on Jul. 10 the Defendants filed a writ of mandamus with the Court of Appeals for the First Circuit seeking to compel the District Court to reverse its waiver finding and vacate its disclosure order.

Update 6: On Jul. 11 the First Circuit granted a stay of any further disclosure while considering the petition, and subsequently denied the writ of mandamus on Jul. 18.

Update 7: The bench trial concluded on Jul.21.

Update 8: On September 30, after a nine-day bench trial, District Court Judge Young found that the administration violated the First Amendment by “deliberately and with purposeful aforethought” coordinating between the Department of Homeland Security and the State Department to “intentionally chill the rights to freedom of speech and peacefully to assemble” of the plaintiffs. The court also held that lawfully present non-citizens are unequivocally entitled to the same First Amendment protections as citizens. Judge Young further criticized the administration for invoking the Immigration and Nationality Act in an unprecedented manner to deport non-citizen pro-Palestinian protestors, “terrorizing” them “into silence because their views are unwelcome.” The court also found that the administration violated the Administration Procedure Act, finding that its reversal of prior enforcement policy was arbitrary and capricious.

Mahdawi v. Trump (D. Vt.)

2:25-cv-00389

Complaint

2025-04-14Government Action Blocked Pending AppealImmigration and CitizenshipHabeas Corpus and Removal of Protestors (Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats Executive Order 14161) (Additional Measures to Combat Anti-Semitism (Executive Order 14188))2025-09-29

The Department of Homeland Security (DHS) detained Petitioner Mohsen Mahdawi, a lawful United States permanent resident, on Apr. 14. Mahdawi alleges he was targeted for his support of Palestine and has sued President Trump, DHS, Immigration and Customs Enforcement (ICE) and others alleging violations of his First Amendment and Fifth Amendment due process rights as well as violations of the Administrative Procedure Act (APA) and the Nondelegation Doctrine. On Apr. 14, Mahdawi filed a habeas corpus petition, requesting that the Court grant him release on bail and that the court vacate and set aside the government’s alleged policy of targeting noncitizens for removal based on their exercise of their First Amendment speech rights in advocating for Palestine, as well as the Secretary of State’s “determination that the presence or activities in the United States of individuals who protested [...] Israel would have potentially serious foreign policy consequences and would compromise a compelling United States foreign policy interest.” Mahdawi argued that the government’s policy and Secretary of State’s determination violate the APA by being arbitrary, capricious, an abuse of discretion, contrary to constitutional right, contrary to law, and in excess of statutory jurisdiction. Mahdawi has filed an emergency request for a temporary restraining order (TRO), which is under seal. On Apr. 14, the court issued an order that he not be removed from the United States or moved out of the territory of the District of Vermont pending further order of this Court.

Apr. 22, 2025: Petitioner filed a Motion for Release on bond.
Apr. 24, 2025: The TRO was extended for 90 days or until the dismissal of the case or a grant of a preliminary injunction.
Apr. 30, 2025: The court granted Petitioner’s motion, ordering him released on his personal recognizance during the pendency of his habeas proceeding. The judge based his decision on the Petitioner’s likelihood of success on the merits of his claims of Due Process, First Amendment and Fifth Amendment violations, and concluded that his release was in the public interest, as his continued detention would have a chilling effect on protected speech and was justified due to the “extraordinary circumstances” surrounding his case.
May 1, 2025: The Trump Administration appealed the Court’s orders on Apr. 24 and 30, extending the TRO and granting Petitioner’s motion for release, respectively.

May 9, 2025: The Second Circuit denied (1) the government’s motion for a stay of the district court’s release order and extended TRO, and (2) the government’s request for a writ of mandamus. The appeal is proceeding on the merits.

May 12, 2025: Petitioner filed a motion as to the conditions of his release, which was granted on May 14. This order allows Petitioner to travel to New York State for educational purposes, to meet with his lawyers, or as otherwise ordered by the court.

July 17, 2025: The Court granted Petitioner’s motion to modify the conditions of his release to allow him to travel throughout the United States for all legal purposes.

Sept. 29, 2025: The Second Circuit denied the government’s petition for panel rehearing and rehearing en banc of its May 9 decision.

Las Americas Immigrant Advocacy Center et al v. U.S. Department of Homeland Security (D.D.C.)

1:24-cv-01702

Complaint

Motion for TRO

2024-01-23

2024-06-12Government Action BlockedImmigration and CitizenshipImmigration Policy - Discontinuation of CBP One app (Executive Order 14165)2025-08-27

The Trump administration executive order directs the Department of Homeland Security to cease operation of the CBP One app, which was created by the Biden administration to enable asylum seekers to schedule appointments to request asylum. The Las Americas Immigrant Advocacy Center and the ACLU had previously sued to challenge a Biden administration rule that limited asylum access to those presenting at a port of entry or falling under another narrow exception. In response, the government argued that the CBP One app remained as a pathway by which asylum-seekers could request appointments. In light of the discontinuation of the CBP One app, Las Americas, et al, filed a motion for a temporary restraining order and requested an immediate status conference and leave to file supplemental briefings to address the government’s position.

Feb. 6, 2025: The court denied the motion for a temporary restraining order on the basis that the court lacked authority to order the government to parole noncitizens into the United States, determining that this power is wielded exclusively at the discretion of the Secretary of Homeland Security.

Feb. 26, 2025: The court issued a ruling denying Texas’s motion to intervene and motion for summary judgment, but granted Texas leave to file a brief as amicus curiae.The Court further denied the Defendant’s motion for summary judgment.

May 9, 2025: The court issued an order granting in part and denying in part Plaintiffs’ motion for summary judgment as well as granting in part and denying in part Defendants’ cross-motion for summary judgment. In so doing, the Court ordered that the Biden-era Final Rule’s limitation on asylum eligibility be vacated and set aside, that the Final Rule’s manifestation of fear requirements be vacated and set aside, that the four-hour consultation window in the Guidance be vacated and set aside, that the provisions of the Final Rule not mentioned in the Order remain in effect and that the individual Plaintiffs’ removal orders and negative credible fear determinations be vacated.

June 3, 2025: Plaintiffs filed a motion to alter or amend the judgment to further order that the government return the removed Plaintiffs to the United States.

July 28, 2025: Judge Rudolph Contreras issued a memorandum opinion denying Plaintiffs’ motion for reconsideration to return the removed Plaintiffs to the United States.

July 28, 2025: The court issued its order denying Plaintiffs’ June 3 motion to alter or amend the judgment.

Aug. 27, 2025: Defendants appealed to the United States Court of Appeals for the District of Columbia Circuit.

Svitlana Doe v. Noem (D. Mass.)

1:25-cv-10495

Complaint

First Amended Complaint 2025-03-17

Second Amended Complaint 2025-03-27

2025-02-28Government Action Temporarily BlockedImmigration and CitizenshipImmigration Policy - Termination of Categorical Parole Programs (Executive Order 14165)2026-01-10

The Trump administration executive order directs the Department of Homeland Security to terminate all categorical parole programs contrary to the president’s executive orders. In effect, this ended the following programs: Uniting for Ukraine (U4U), Parole Processes for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), and Operation Allies Welcome (OAW). Subsequently, on Feb. 14, Acting Deputy Director of USCIS Andrew Davidson issued a memorandum (not yet made public) to various USCIS directorates and program officers directing them not to adjudicate immigration benefit requests filed by noncitizens who are or were paroled into the United States under: U4U; CHNV; family reunification parole processes created in 2023 for nationals of Colombia, Ecuador, El Salvador, Guatemala, and Honduras; a family reunification parole processes for Haitians that was created in 2014 and expanded in 2023; and a family reunification parole process for Cubans that was created in 2007 and expanded in 2023. Plaintiffs in this class action contend that both Executive Order 14165 and the Davidson memo violate the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment to the U.S. Constitution. As such, Plaintiffs request an injunction in order to restore the status quo ante.

Mar. 17, 2025: Plaintiffs filed an amended complaint to include: additional plaintiffs; family members of affected individuals as part of the class; additional immigration parole programs; and a request that the court set aside DHS’ suspension of the adjudication of requests for parole, re-parole, and other immigration benefits. Plaintiffs also filed a motion on Mar. 17 requesting a preliminary injunction and administrative stay against DHS’ indefinite moratorium on adjudicating immigration benefit applications, on the basis that Plaintiffs would succeed on their Administrative Procedure Act and Immigration and Nationality Act claims and that Plaintiffs would suffer irreparable injury.

Mar. 21, 2025: DHS filed an opposition to Plaintiffs’ motion for a preliminary injunction. Plaintiffs filed a motion for class certification for the class action on the same day, defining the class as all individuals with pending applications to sponsor someone for humanitarian parole processes, as well as all individuals, who have received humanitarian parole through already established processes, with pending applications for additional immigration benefit.

Mar. 27, 2025: Plaintiffs filed a Second Amended complaint to include: additional plaintiffs; additional factual allegations related to DHS’ Mar. 25 Federal Register Notice that terminates the parole programs for Cuba, Haiti, Nicaragua, and Venezuela, and sets a termination date of the temporary parole period of individuals under these parole programs to April 24, 2025; and an additional claim for relief arguing that the Mar. 25 Federal Register Notice violates the Administrative Procedure Act because Plaintiffs did not receive written notice of termination of parole. On Mar. 27, Plaintiffs also filed an emergency motion for preliminary injunction and administrative stay to block DHS’ early termination of the temporary parole period, as stated in the Mar. 25 Federal Register Notice. Plaintiffs argue that the termination violates the Administrative Procedure Act and request a preliminary injunction and a stay to block DHS from implementing or enforcing the termination of parole processes, on the grounds that Plaintiffs are likely to succeed on the merits of their Administrative Procedure Act claim and that they will suffer irreparable injury.

Apr. 14, 2025: Judge Indira Talwani issued an order granting class certification and another order granting a stay temporarily blocking the government’s action.

Apr. 18, 2025: Defendants filed a notice that they were appealing the court’s order staying parole terminations to the U.S. Court of Appeals for the First Circuit.

May 5, 2025: The First Circuit denied Defendants’ petition for a stay.

May 8, 2025: The Defendants’ petitioned the Supreme Court for an emergency stay.

May 28, 2025: Judge Talwani amended her order granting class certification. On that same day, Judge Talwani denied Defendants’ petition for a stay pending appeal and granted Plaintiffs’ Mar. 27 emergency motion for a preliminary injunction and administrative stay as to individuals already present in the United States.

May 30, 2025: The Supreme Court allowed the Trump administration to temporarily end the humanitarian parole program that granted provisional legal status to over 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela (CHNV), enabling them to live and work in the U.S. while their immigration cases were pending. This decision overrules the Massachusetts District Court’s order that had previously blocked the administration’s effort.

July 28, 2025: Defendants appealed Judge Talwani’s May 28 orders to the First Circuit.

Aug. 1, 2025: Judge Talwani denied Plaintiffs’ emergency motion for a preliminary injunction and administrative stay with respect to Plaintiffs’ claims regarding individuals outside of the United States, thereby denying preliminary relief as to Defendants’ suspension of initial parole adjudications of individuals not presently in the country.

Sep. 12, 2025: The First Circuit vacated the district court’s Apr. 14 grant of a stay of the parole termination notice and sent the case back to the district court for further proceedings.

Jan. 10, 2026: The court granted Plaintiffs’ motion for a temporary restraining order, staying the implementation of the administration’s Termination of Family Reunification Parole Processes for Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans for 14 days.

Perdomo v. Noem et al (C.D. Cal.)

2:25-cv-05605

Complaint

2025-07-02Government Action Temporarily BlockedImmigration and CitizenshipImmigration Raids and Arrests2025-11-13

On June 20, five individuals who had been detained or arrested in immigration raids and three membership organisations who support immigrant rights filed a class action suit claiming that the tactics used in persistent immigration raids in Los Angeles, which they allege include intimidation, violence and anonymity, racial profiling, and warrantless arrests, as well as the denial of counsel and inhumane conditions of detainment, constitute a violation of the Fourth and Fifth Amendments and the Administrative Procedure Act (APA) as in violation of numerous regulatory requirements. They seek declarations that the practices are unconstitutional and on July 3 filed for temporary and preliminary injunctions.

Update 1: On July 8, nine municipalities in Los Angeles County moved to intervene in the action, citing harm to their tax base, businesses, and public safety, and alleging the operations mark a break from decades of lawful warrant-based arrests and instill widespread fear across immigrant communities.The motion follows an amicus brief supporting the class action lawsuit by California and sixteen other states supporting the plaintiffs.

Update 2: On July 11, the district court granted two temporary restraining orders, barring immigration officers from stopping individuals based on inappropriate factors including race, accent, location or work, and requiring that detainees in a federal building in Los Angeles be provided access to counsel at all times.

Update 3: On July 13, Defendants appealed the decision to the Ninth CIrcuit.

Update 4: On July 17, the district court denied the administration’s motion to stay the Temporary Restraining Order pending appeal, which restricts the administration from engaging in indiscriminate immigration stops in the Los Angeles area and denying detainees access to lawyers. The court rejected the administration’s argument that the TRO causes irreparable harm and creates a chilling effect on enforcing immigration law, because “[c]omplying with the law does not impose harm” and the TRO is sufficiently clear that it would not cause confusion.

Update 5: On August 1, an appeals court unanimously upheld the lower court’s Temporary Restraining Order, which restricts the administration from engaging in indiscriminate immigration stops in the Los Angeles area and denying detainees access to lawyers. The court found that the plaintiffs are likely to succeed in proving that the federal government conducted roving patrols without reasonable suspicion and denying access to lawyers.

Update 6: On Aug. 7, the Government appealed to the Supreme Court for an emergency stay.

Update 7: On September 8, the Supreme Court granted a stay pending appeal of the district court’s injunction restricting the administration from engaging in indiscriminate immigration stops in the Los Angeles area and denying detainees access to lawyers.

Update 8: On Nov. 13, District Judge Frimpong granted a preliminary injunction, expanding the earlier temporary restraining order. The court determined that the federal government is partially blocking access to lawyers in the immigrant detention facility in Los Angeles known as “B-18.”

Immigrant Advocates Response Collaborative v. Department of Justice (D.D.C.)

1:25-cv-02279

Complaint

2025-07-16Awaiting Court RulingImmigration and CitizenshipImmigration Raids and Arrests2025-10-21

Between January and May 2025, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) instituted a coordinated series of policy changes which resulted in a new practice of dismissing the cases of noncitizens appearing for immigration hearings under 8 U.S.C. § 1229a in immigration courthouses and immediately arresting them and arranging for expedited deportation. The new policy resulted in a reversal of prior limits on courthouse arrests, the dismissal of full removal proceedings without notice, and the expanded use of expedited removal—even for individuals with pending cases or who have been in the U.S. for more than two years. Eleven individual noncitizens who were subject to arrest, detention, or expedited removal after appearing in immigration court, and two nonprofit organizations—Immigrant Advocates Response Collaborative and American Gateways—that provide legal services to immigrants filed suit on Jul.16 challenging the new policy. The individual plaintiffs allege they were arrested and placed in expedited removal proceedings without due process, resulting in detention, family separation, and loss of access to legal remedies and the organizational plaintiffs claim the policies have disrupted their core legal services, reduced their capacity to serve clients, and forced them to divert resources to respond to emergency detentions and removals. The complaint asserts violations of the Immigration and Nationality Act (INA), 8 U.S.C. § 1229a, as an improper expansion of expedited removal procedures, and the Fifth Amendment’s Due Process Clause, and the Administrative Procedure Act (APA) as arbitrary and capricious, contrary to law, and unconstitutional due to lack of notice or opportunity to be heard. Plaintiffs seek declaratory and injunctive relief to vacate the challenged policies, restore dismissed immigration proceedings, prevent further enforcement of expedited removal under the new guidance, and certify a class of similarly affected individuals.

Update 1: On Oct. 21, the court granted Plaintiff J.L.’s notice of voluntary dismissal, and J.L.’s claims were dismissed without prejudice.

Hernandez v. Noem (D.D.C.)

1:25-cv-02344

Complaint

2025-07-21Awaiting Court RulingImmigration and CitizenshipImmigration Raids and Arrests2025-07-28

On July 21, three immigrants (individually and on behalf of all others similarly situated) filed suit against United States government officials and agents, alleging repeated violations of black-letter immigration law, due process, and fundamental principles of administrative legality. Each plaintiff alleges they were released from ICE detention under an improper classification under the Immigration and Nationality Act (INA). Shortly after their detention, Plaintiffs were apprehended and subject to mandatory detention. Plaintiffs argue that ICE unlawfully circumvents proper process by using Form I-220A for release, a form unauthorized by statute for arriving immigrants detained without a warrant. This process also denies Plaintiffs the legal status of paroles. Plaintiffs allege that the actions violate the Administrative Procedure Act (APA) and the Fifth Amendment Due Process Clause, as well as exceed statutory Authority under the INA and APA. Plaintiffs seek declaratory and injunctive relief to prevent further unlawful enforcement actions and to correct the immigration records for purposes of lawful adjudication.

Update 1: On July 21, Plaintiffs requested that the Court issue a Temporary Restraining Order (TRO) and Preliminary Injunction to prevent Defendants from continuing unlawful enforcement actions, such as detention, removal, and adjudicatory delays.

Update 2: On July 28, the Court ordered Plaintiffs’ Motion for TRO and Preliminary Injunction to be held in abeyance.

African Communities Together v. Lyons (S.D.N.Y.)

1:25-cv-06366

Complaint

2025-08-01Government Action Temporarily Blocked in Part; Temporary Block Denied in PartImmigration and CitizenshipImmigration Raids and Arrests2025-09-12

In April 2021, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) formalized a longstanding policy to have its agents refrain from conducting civil immigration arrests at immigration courthouses (except in limited instances such as a threat to national security or imminent threat to public safety or risk to a criminal case) “out of recognition that such arrests could deter noncitizens from attending mandatory court proceedings and disrupt the proper functioning of courts and fair administration of justice.” This policy was largely aligned with common-law privileges against courthouse arrests. On January 21, 2025, DHS issued a new memorandum expanding ICE’s authority to conduct civil immigration arrests at courthouses, which ICE Acting Director Todd Lyons further expanded on May 27, 2025. Simultaneously, the Executive Office for Immigration Review (EOIR) issued a new policy that expands circumstances under which immigration judges may grant motions to dismiss full removal proceedings for noncitizens. On August 1, two non-governmental organizations filed a complaint challenging the administration’s policy regarding courthouse arrests and case dismissal tactics. The Plaintiffs allege the policies violate the Administrative Procedure Act (APA) and the Immigration and Nationality Act (INA) as arbitrary and capricious, the Accardi Doctrine, and the Fifth Amendment Due Process Clause. Plaintiffs seek to vacate both policies and halt their implementation.

Update 1: On September 12, District Court Judge Castel granted a limited stay of an Executive Office of Immigration Review (EOIR) policy of dismissing removal proceedings as a legal predicate for arrest and detention under an expedited removal procedure. While dismissing claims by African Communities Together for lack of standing, the court found organizational standing for co-plaintiff The Door. The court rejected the motion to stay ICE’s courthouse arrest policy and limited the stay to Manhattan and the Bronx.

A.M. v. U.S. Department of Homeland Security (S.D. Cal.)

3:25-cv-02308

Complaint

2025-09-04Awaiting Court RulingImmigration and CitizenshipImmigration Raids and Arrests2025-09-04

On September 4, two asylum seekers filed a class action to challenge the recent practice of the Department of Homeland Security (DHS) of arresting people present at immigration court to attend scheduled hearings before immigration judges. Plaintiffs are two individuals who applied for asylum and were then arrested and detained by Immigrations and Customs Enforcement (ICE) in the San Diego Immigration Court immediately after their immigration hearings. . Plaintiffs allege that the Defendants’ policy and practice of arresting individuals at the San Diego Immigration Court violates the common law privilege against civil arrest for individuals appearing in court and, by arresting them after they were previously released despite no change in flight risk or other factors warranting detention, also violates their rights under the Fifth Amendment Due Process Clause. They also allege violations of the Administrative Procedure Act (APA) as unlawful agency action and as arbitrary and capricious. Plaintiffs are requesting that the court declare that the policy and practice is unlawful and vacate the Defendants’ policies under which the arrests are made.

Escobar Molina v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-03417

Complaint

2025-09-25Government Action Temporarily BlockedImmigration and CitizenshipImmigration Raids and Arrests2025-12-02

On September 25, a coalition of individual plaintiffs and immigrant advocacy group CASA filed a class action complaint challenging ICE’s warrantless immigration arrests in Washington, D.C. Named plaintiffs include residents with Temporary Protected Status and asylum claims, who were nonetheless detained, sometimes for days or weeks, before release. The complaint alleges that arrests are occurring without a warrant or probable cause, based largely on perceived ethnicity. Plaintiffs argue that the raids have “sown terror in Latino and other communities” and have forced CASA to divert substantial resources toward emergency legal triage. They claim violations of the Administrative Procedure Act (APA) and the Immigration and Nationality Act (INA), and seek declaratory and injunctive relief to block further “warrantless immigration arrests without an individualized determination of probable cause.”

Dec. 2, 2025: Judge Howell granted plaintiff’s motion for a preliminary injunction, blocking DHS from conducting warrantless civil immigration arrests in D.C. without making individualized probable cause determinations as to each arrestee’s risk of escape.

Venegas v. Homan (S.D. Ala.)

1:25-cv-00397

Complaint

2025-09-30Awaiting Court RulingImmigration and CitizenshipImmigration Raids and Arrests2025-09-30

On Sept. 30, Leonardo Venegas, a U.S. citizen, filed a putative class action complaint against DHS and other administration officials on behalf of U.S. citizens and lawful residents allegedly detained by ICE during warrantless construction-site raids and arrests. The complaint alleges that ICE’s actions and policies violate the Fourth Amendment and the Administrative Procedure Act, citing policies that they claim permit ICE to allow immigration officers to enter private construction sites without warrant or consent and detain individuals without any particularized suspicion they are illegal immigrants, amounting to unreasonable search and seizure. Venegas also seeks nominal, compensatory, and putative damages for tortious and unconstitutional conduct.

Castanon Nava v. Department of Homeland Security (N.D. Ill.)

1:18-cv-03757

Complaint

2025-10-07Government Action Not Blocked Pending AppealImmigration and CitizenshipImmigration Raids and Arrests2025-12-11

Plaintiffs, including five individuals and two immigrant rights organizations, had originally brought suit against DHS and ICE after “Operation Keep Safe” in May 2018, during which ICE arrested over 100 individuals without securing arrest warrants. Plaintiffs alleged violations of 8 U.S.C. §1357(a)(2), which prohibits officers from making an arrest without an individualized determination that the individual was “likely to escape before a warrant c[ould] be obtained for [the] arrest.” The parties reached a settlement agreement in November 2021. From January-September 2025, plaintiffs’ counsel received multiple reports from class members alleging that ICE agents had arrested individuals without warrants in violation of the agreement and the governing law. Plaintiffs filed a motion to enforce the court’s order regarding the parties’ 2021 agreement.

Oct. 7, 2025: District Court Judge Cummings issued an opinion finding that ICE repeatedly engaged in material violations of a 2018 settlement agreement that had imposed several obligations on DHS and ICE related to arresting persons without warrants in violation of U.S. immigration laws within its Chicago Area of Responsibility (including Illinois, Indiana, Wisconsin, Missouri, Kentucky, and Kansas). Judge Cummings found that ICE unlawfully arrested 22 class members. The court ordered ICE to provide relief to those individuals under the terms of the agreement and to pay attorney’s fees. The court also modified the agreement because ICE “failed to substantially comply with its terms” and extended the agreement until Feb. 2, 2026. The court also imposed stricter reporting requirements on ICE to better allow plaintiffs to track compliance in the future.

Nov. 13, 2025: District Court Judge Cummings ordered the release of a group of individuals on bond who had been detained as a part of ICE’s “Operation Midway Blitz.”

Nov. 20, 2025: The Seventh Circuit administratively granted an administrative stay of the district court’s Oct. 7 settlement-enforcement order and its Nov. 13 order requiring the release on bond of individuals detained during ICE’s “Operation Midway Blitz.”

Dec. 11, 2025: The Seventh Circuit issued an order in which it denied Defendants’ motion for an administrative stay of the district court’s Oct. 7 settlement-enforcement order, but granted Defendants’ motion to stay the district court’s Nov. 13 order pending individual violation determinations.

Bangstad v. Noem (W.D. Wis.)

3:25-cv-00733

Complaint

2025-08-31Awaiting Court RulingImmigration and CitizenshipImmigration Raids and Arrests2025-08-31

Plaintiff, a resident of Wisconsin, has filed a class-action lawsuit on behalf of Wisconsin residents, challenging U.S. Immigration and Custom Enforcement’s (“ICE”) policy of conducting civil immigration enforcement operations by masked officers without visible identification. Plaintiffs allege the violation of the First, Fourth, and Fifth Amendments as a result of ICE’s actions. On behalf of the proposed class, Plaintiff seeks an order from the court that the policies of the Department of Homeland Security (“DHS”) and ICE permitting their officers to conduct official operations while masked and without identifying insignia, are unconstitutional, and that the policies were adopted in violation of the Administrative Procedure Act. Plaintiff also asked the court to block ICE officers from conducting such enforcement operations while masked and without identifying insignia.

Ramirez Ovando v. Noem (D. Colo.)

1:25-cv-03183

Complaint

2025-10-09Government Action Temporarily BlockedImmigration and CitizenshipImmigration Raids and Arrests2025-11-25

On Oct. 9, four Colorado- and Utah-based Plaintiffs who had been arrested without a warrant and without evaluating their likelihood of escape before a warrant could be obtained were arrested by Immigration and Customs Enforcement (ICE) officers filed a class action complaint against the leaders of the Department of Homeland Security and ICE. These four Plaintiffs represent a class of individuals who have been or will be subjected to unlawful arrests regardless of probable cause of flight risk. Plaintiffs allege violations of the Immigration and Nationality Act (INA) because the defendants arrested them without a warrant and without reason to believe they were in the U.S. in violation of immigration laws and likely to escape before a warrant can be obtained for their arrest. They also allege a violation of the Administrative Procedure Act (APA) as a final agency action that is ultra vires and in excess of statutory jurisdiction, authority, or limitations. Plaintiffs request that the court declare Defendants’ actions to be in violation of the rights of Plaintiffs and the Class under the INA and APA and issue a preliminary and permanent injunction enjoining further violations of these rights.

Nov. 25, 2025: The court granted class certification. The class is defined as: “All persons since January 20, 2025, who have been arrested or will be arrested in this District by immigration officers without a warrant and without a pre-arrest, individualized assessment of probable cause that the person poses a flight risk.” The court granted in large part the Plaintiffs’ motion for a preliminary injunction.

Hussen v. Noem (D. Minn.)

0:26-cv-00324

Complaint

2026-01-15Awaiting Court RulingImmigration and CitizenshipImmigration Raids and Arrests2026-01-15

Coming soon.

On Jan. 15, 2026, Residents of Minnesota filed a complaint against DHS and ICE seeking declaratory and injunctive relief from several policies and practices related to the ongoing immigration enforcement actions in Minnesota.

Centro de Trabajadores Unidos v. Bessent (D.D.C.)

1:25-cv-00677

Complaint


Amended Complaint 2025-03-26

2025-03-07Temporary Block of Government Action DeniedImmigration and CitizenshipIRS and Medicaid Data Sharing for Immigration Enforcement Purposes (Executive Order 14165) (Executive Order 14159) (Executive Order 14158)2025-05-21

Plaintiffs allege that the Trump administration “has begun taking steps to collect information about individuals for potential immigration enforcement” by seeking access to data associated with individual taxpayer identification numbers (ITINs). The IRS assigns ITINs to individuals who lack social security numbers (i.e., noncitizens) so that such individuals can file tax returns and pay federal income taxes as required by law. Plaintiffs assert that granting immigration enforcement agencies access to the sensitive data of individuals who file using ITINs would “expose millions of taxpayers to the administration’s aggressive immigration enforcement tactics.” Plaintiffs claim the government’s actions are ultra vires and violate the Administrative Procedure Act by running afoul of the IRS statute requiring confidentiality of tax return information. They seek declaratory and injunctive relief to prevent Defendants from providing ITIN applications to DHS, ICE, the President, or any others, unless such disclosure is specifically permitted by law.

Update 1: On Mar. 14, Plaintiffs filed a motion requesting a temporary restraining order (TRO).

Update 2: On Mar. 17, Defendants filed a response to Plaintiffs’ motion for a TRO, which included a Motion to Dismiss.

Update 3: On Mar. 18, Plaintiffs filed a reply in support of their motion for a TRO.

Update 4: On Mar. 20, following a hearing the day prior, Judge Dabney Friedrich denied Plaintiffs’ motion for a TRO for failure to demonstrate standing, likelihood of success on the merits, or irreparable harm.

Update 5: On Mar. 26, Plaintiffs filed an amended complaint, adding new plaintiffs–Somos un Pueblo (“Somos”) and Inclusive Action for the City (“IAC”)–to the complaint; alleging additional harms to Somos’s members, IAC’s business, and arbitrary and capricious action by Treasury Defendants; and requesting additional relief to enjoin DHS Defendants from inspecting information about Plaintiffs’ members without a court order.

Update 6: On Mar. 31, Plaintiffs filed a motion for a preliminary injunction requesting that the court block Defendants from disclosing, inspecting, or using tax return information for immigration enforcement purposes except as expressly authorized by the Internal Revenue Code (IRC).

Update 7: On Apr. 7, Defendants filed a joint motion to dismiss and opposition to Plaintiff’s motion for a preliminary injunction. Defendants argue Plaintiffs lack the jurisdictional requirements to bring a suit and that DHS can legally request tax return information relating to individuals under criminal investigation.

Update 8: On April 10, Plaintiffs filed a reply in support of their motion for a preliminary injunction, noting that Defendants’ opposition motion supports Plaintiffs’ position that ICE seeks tax payer data to locate and deport immigrants from the U.S.

Update 9: On Apr. 21, Plaintiffs filed a memorandum in opposition to Defendants’ motion to dismiss. Plaintiffs argue they have standing to bring their claims and have adequately stated a claim for which relief can be granted under the Administrative Procedure Act (APA).

Update 10: On Apr. 23, Plaintiffs filed a supplemental memorandum in support of their motion for a preliminary injunction in which they proposed a revised preliminary injunction order in light of a Memorandum of Understanding (MOU) finalized by the Defendants that enables the sharing of taxpayer information.

Update 11: On Apr. 28, Defendants replied to Plaintiffs’ opposition to their motion to dismiss, emphasizing their belief that Plaintiffs’ alleged harms are conjectural and hypothetical.

Update 12: On May 1, Defendants replied to Plaintiffs’ Apr. 23 supplemental memorandum in which they emphasized that Plaintiffs lack standing and requested that the Court grant its motion to dismiss.

Update 13: On May 12, the Court denied the Plaintiffs’ motion for Preliminary Injunction, stating that the Plaintiffs failed to show that they are likely to succeed on their claims.

Update 14: On May 21, the Plaintiffs filed notice that they were appealing the Court’s order denying their Motion for Preliminary Injunction to the Court of Appeals for the D.C. Circuit.

State of California et al v. U.S. Department of Health and Human Services et al (N.D. Cal.)

3:25-cv-05536

Complaint

2025-07-01State A.G. PlaintiffsGovernment Action Temporarily BlockedImmigration and CitizenshipIRS and Medicaid Data Sharing for Immigration Enforcement Purposes (Executive Order 14165) (Executive Order 14159) (Executive Order 14158)2025-08-12

The U.S. Department of Health and Human Services (HHS), under Secretary Robert F. Kennedy Jr., transferred sensitive Medicaid data—including personally identifiable health information—from state agencies to the Department of Homeland Security (DHS), led by Secretary Kristi Noem. According to the Plaintiffs, this data transfer was done without notice, consent, or legal authority and was allegedly part of a broader federal initiative, involving the Department of Government Efficiency (DOGE) and contractor Palantir, to build a mass surveillance database for immigration enforcement and other unauthorized purposes. A coalition of twenty states challenged this transfer on July 1, alleging that the unauthorized data sharing undermines state sovereignty, violates Medicaid confidentiality assurances and causes a chilling effect on Medicaid enrollment, all of which leads to worsened public health outcomes, increased uncompensated care costs, and erosion of trust in public health systems. The Plaintiffs allege violations of the Administrative Procedure Act as arbitrary and capricious, against procedure, and contrary to law as a violation of the Privacy Act of 1974, the Health Insurance Portability and Accountability Act, the Federal Information Security Management Act and the Spending Clause. They seek declaratory and injunctive relief to prevent further unauthorized data transfers, prohibit use of Medicaid data for immigration enforcement, compel the destruction of unlawfully shared data and preserve the integrity of the Medicaid program administration.

Aug. 12, 2025: The court granted in large part a preliminary injunction.

Perez Parra v. Castro (D.N.M.)

1:24-cv-00912

Complaint

2024-09-13Case ClosedImmigration and CitizenshipMigrant Transfers to Guantánamo (Presidential Memorandum)2025-02-14

Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantanamo Bay to function at full capacity as a detention center for undocumented migrants. Three Venezuelan men, already part of an existing habeas lawsuit from September 2024 in the District Court of New Mexico, sought to block the administration from transferring them to the Guantanamo facility. Based on their similarities to those previously relocated, the men anticipated being moved as well. The challenge is specific to three specific individuals, under the All Writs Act to preserve the ongoing jurisdiction of the court, and does not seek to block other transfers. On Feb. 9, Chief District Judge Kenneth J. Gonzales granted a temporary restraining order, barring the U.S. government from transferring the three men.

Update 1: On Feb. 13, Judge Gonzales issued a 1-page Memorandum Opinion and Order noting that the Defendants had filed a Notice that all three petitioners were removed to Venezuela on Feb. 10; and vacated the upcoming status conference.

Update 2: On Feb. 14, the docket reflected a notice of voluntary dismissal of the case by the three petitioners.

Las Americas Immigrant Advocacy Center v. Noem (D.D.C.)

1:25-cv-00418

Complaint


Amended Complaint 2025-04-26

2025-02-12Awaiting Court RulingImmigration and CitizenshipMigrant Transfers to Guantánamo (Presidential Memorandum)2025-04-26

Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs are suing on behalf of the families of four Venezuelan nationals who are believed to have been transferred to Guantánamo. Plaintiffs allege the government’s action violates habeas corpus rights, Fifth Amendment Due Process rights, and the Immigration and Naturalization Act’s guarantee of the right to counsel. Plaintiffs further allege that the government’s alleged restriction of information in and out of Guantánamo violates both the plaintiffs’ and the detainees’ First Amendment rights. They seek court orders declaring that the government’s actions violate those rights, permitting access to lawyers, requiring the government to identify the location of detainees held at Guantánamo, requiring the government to provide 72-hours notice prior to any transfer to a foreign jurisdiction, and requiring the government to provide 72-hours notice prior to any transfer of additional noncitizens to Guantánamo.

Update 1: On Feb. 20, the government filed a notice that DHS had removed the immigration detainees from Guantánamo, which the government asserted “eliminates any need for temporary injunctive relief.” Just prior, it filed its Opposition to the Motion for Temporary Restraining Order arguing, among other things, that the Plaintiffs (family members of individuals who had been held at Guantánamo, and advocacy organizations) lacked standing because they were not themselves detained, that the District Court lacked statutory authority to require the government to provide notice before transferring individuals into or out of Guantánamo, and denying the validity of Plaintiffs’ constitutional claims.

Update 2: On Feb. 21, Plaintiffs filed a Reply reasserting their request for a TRO to prevent the government from sending more detainees to Guantánamo.

Update 3: On Feb. 24, Plaintiffs filed a Reply explaining that in spite of the administration’s Feb. 20 notice that all immigrant detainees had been transferred off Guantánamo and the TRO was moot, they had learned via social media that another group of immigrants was being sent to Guantánamo. The Reply adds further factual allegations and legal arguments that immigrant detainees are prevented from having real meaningful access to legal representation. These include that (1) the government and guards at the detention camp do not allow detainees to make phone calls, including by saying “this is a terrorist prison and there is no capacity to make calls” and by limiting available phones and times such that most people cannot use them; (2) unrepresented detainees transferred to Guantanamo do not have access to a legal directory, know your rights briefings, or practical means to meet counsel; and (3) retained counsel face numerous obstacles to representing their clients, including that only five detainees can make phone calls each day, there are no means for attorneys to initiate contact with their clients, and there is no way to transfer or sign paperwork other than the government's announced policy to “generally follow the procedures used in the habeas litigation involving law of war detainees,” and to transfer mail to detainees from Washington, D.C. on a weekly basis. Plaintiffs argue that these restrictions violate detainees’ First and Fifth Amendment rights, as well as their statutory right to counsel under the Immigration and Nationality Act, as well as the plaintiff advocacy organizations’ First Amendment rights.

Update 4: On March 19, the Defendants submitted a notice agreeing to notification before any plaintiffs would be transferred to Guantanamo.

Update 5: On Apr. 26, Plaintiffs amended their complaint and removed the advocacy groups and families from the case, designating it a class action suit and limiting it to two named detainees and “all immigration detainees originally apprehended in the United States and detained at U.S. immigration detention facilities, and who are, or will be held at Naval Station Guantánamo Bay, Cuba.” Among their edits include the removal of three of their original five claims for relief. The remaining two claims for relief include violations of the First Amendment rights of immigrant detainees and Fifth Amendment Due Process rights.

Espinoza Escalona v. Noem (D.D.C.)

1:25-cv-00604

Complaint

2025-03-01Case ClosedImmigration and CitizenshipMigrant Transfers to Guantánamo (Presidential Memorandum)2025-05-22

Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs, ten noncitizens in immigration custody in the United States, allege they will be imminently transferred to facilities at Guantánamo. They filed suit, arguing that under the Immigration and Nationality Act, Guantánamo is in Cuba, and therefore transfer would constitute (1) unlawful removal; and (2) unlawful detention. They also argue removal would be (3) an arbitrary and capricious abuse of discretion under the Administrative Procedure Act; (4) a violation of Fifth Amendment Due Process; and (5) a violation of the right to habeas corpus. They seek a declaratory judgment that transfer to and detention in Guantánamo is unlawful and unconstitutional; that the memorandum be vacated; a grant of a writ of habeas corpus to enjoin defendants from transferring plaintiffs to Guantánamo, or if they have been transferred and detained, return to facilities in the United States; and an injunction on future transfers. The same day, Plaintiffs also filed an emergency motion to stay transfer of plaintiffs.

Update 1: On March 19, the Defendants submitted a notice agreeing to notification before any plaintiffs would be transferred to Guantanamo.

Update 2: On May 22, the plaintiffs submitted a notice of voluntary dismissal stating that the government has removed them and their claims are thus rendered moot.

Luna Gutierrez v. Noem (D.D.C.)

1:25-cv-01766

Complaint

2025-06-04Awaiting Court RulingImmigration and CitizenshipMigrant Transfers to Guantánamo (Presidential Memorandum)2025-12-05

On January 29, 2025 President Donald Trump issued a Presidential Memorandum ordering the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs, who represent a class of noncitizens who are or will be held in civil detention at Guantánamo under the Immigration and Nationality Act (INA), filed suit on June 4, 2025, arguing that the federal government does not have the statutory authority to detain noncitizens awaiting immigration proceedings at Guantánamo, that the detention violates the Administrative Procedure Act (APA) because it is arbitrary and capricious, that the detention is a violation of the Fifth Amendment Due Process Clause, and that immigration detainees have the right to habeas corpus to challenge the legality of their transfer and detention. Plaintiffs are requesting that the court declare that such detention on Guantánamo violates the INA, APA, and Fifth Amendment, and to block Defendants from detaining Plaintiffs or any future potential detainees at Guantánamo.

Update 1: On Dec. 5, Judge Sparkle Sooknanan of the District Court for D.C. issued two memorandum opinions involving Plaintiffs’ claims of improper detention of noncitizens awaiting immigration proceedings at Guantánamo Bay. One opinion denies a motion by the Trump administration to dismiss the case. The second denies class certification for the case with respect to named Plaintiffs’ habeas claim, while certifying a class of “all immigration detainees originally apprehended and detained in the United States who have been ordered removed … and who are, or will be, held at Naval Station Guantanamo Bay, Cuba.”

United Farm Workers v. Noem (E.D. Cal.)

1:25-cv-00246

Complaint

2025-02-26Government Action Temporarily BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-06-26

In Jan. 2025, Customs and Border Protection launched “Operation Return to Sender.” This involved deploying Border Patrol officers to interior counties in California to arrest and ultimately deport illegal aliens. Border Patrol’s activities took place in areas known to be frequented by farm workers and day laborers. The Plaintiffs are a number of individuals, including a lawful permanent resident, that were detained and arrested by Border Patrol as part of Operation Return to Sender. Plaintiffs also include individuals that argue they were deceived and coerced into voluntarily departing, along with a farm worker union whose members have been targeted by the Operation. Plaintiffs allege Border Patrol violated the Fourth Amendment’s protection from unreasonable seizure by detaining individuals without reasonable suspicion that they were in violation of immigration law. Plaintiffs further allege that the Operation violates the Immigration and Nationality Act (INA). INA permits Border Patrol to carry out warrantless arrests only if the officer has probable cause to believe the individual is in violation of immigration law and is likely to escape before a warrant can be obtained. Plaintiffs argue that Border Patrol did not have probable cause because a number of those arrested had strong community and family ties. Finally, Plaintiffs allege that Border Patrol violated the Fifth Amendment’s guarantee of due process. A number of the individuals arrested claimed that while in immigration detention centers, they were told on multiple occasions that they did not have the right to a hearing before an immigration judge or to speak to a lawyer. They also claim that they were coerced to voluntarily depart by being told it would speed up the process for obtaining legal status, by not being told it would lead to a multi-year bar on their ability to return to the United States, and by being told to sign a signature pad while being refused the ability to first see the document they were signing.
Plaintiffs request preliminary and permanent injunctions prohibiting the Defendants from violating the class members’ Fourth Amendment and statutory rights. They also seek an order for the return of the Plaintiffs that voluntarily departed.

Update 1: On Mar. 7, 2025, the Plaintiffs moved to provisionally certify two of Plaintiffs’ classes. They also moved for a preliminary injunction.

Update 2: On Apr. 7, 2025, the Defendants filed oppositions to the Plaintiffs’ motions for preliminary injunction and to provisionally certify the classes. With regard to the opposition to the preliminary injunction, Defendants argue that the Court lacks jurisdiction to consider the claims or to enter class-wide injunctions. The Defendants also argue that the Plaintiffs’ allegations are mooted because the Border Patrol office responsible for Eastern California issued policy and guidance on April 4, 2025 regarding the need for reasonable suspicion for detentions and probable cause for warrantless arrests, and it plans to conduct training sessions in the near future.

Update 3: On Apr. 29, 2025, the Court granted the Plaintiffs’ motions for provisional class certification for the Suspicionless Stop and Warrantless Arrest classes and for a preliminary injunction. The injunction requires that, among other things, Border Patrol stop conducting detention stops without reasonable suspicion that the person stopped is in violation of immigration law and stop effecting warrantless arrests without probable cause that the individual is likely to escape before a warrant can be obtained. With regard to the Defendants’ mootness argument, the Court found that the policy issued by Defendants was too geographically limited, failed to address all of the objectionable measures alleged by the Plaintiffs, and too tenuously situated to meet the requirement that the wrongful behavior could not be reasonably expected to recur.

Update 4: On June 26, the Defendants appealed the preliminary injunction to the Ninth Circuit Court of Appeals.

Gunaydin v. Trump (D. Minn.)

0:25-cv-01151

Habeas petition (under seal)


Amended Habeas petition 2025-04-11

Second Amended Habeas petition 2025-05-15

2025-03-30Government Action Temporarily BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-05-21

On Mar. 27, Doğukan Günaydin, a citizen of Turkey in the United States under a student visa, was reportedly arrested outside of his home by plainclothes federal officers. He filed a petition of habeas corpus on Mar. 30 arguing that his arrest was improper because his visa was canceled hours after his arrest and on the ground that it violated his constitutional due process rights. The Department of Homeland Security has stated that Günaydin’s visa was revoked because of a DUI case from 2023.

Update 1: On Apr. 11, Günaydin filed an amended habeas petition. The government responded to this amended petition on Apr. 14.

Update 2: On Apr. 17, Judge Jeffrey Bryan found good cause exists to warrant the delay of any hearing or adjudication of Günaydin’s amended petition.

Update 3: On Apr. 25, Günaydin filed a motion for a TRO along with a supporting memorandum.

Update 4: On Apr. 28, Judge Bryan granted in part and denied in part Günaydin’s motion for a TRO. Judge Bryan’s order blocks the government respondents and other persons or agencies from removing, transferring, or otherwise facilitating the removal of Günaydin from the District of Minnesota.

Update 5: On May 12, the Court granted Günaydin’s motion to extend the TRO for an additional fourteen days while the merits of his underlying habeas action are determined.

Update 6: On May 15, Günaydin filed his second amended habeas petition. On May 21, the Court granted Günaydin’s second amended petition for writ of habeas corpus, ordering that Günaydin be released from custody on bond.

Jane Doe 1 v. Bondi (N.D. Ga.)

1:25-cv-01998

Complaint


Amended Complaint 2025-04-15

Second Amended Complaint 2025-06-30

2025-04-11Case Closed in Favor of PlaintiffImmigration and CitizenshipOther Habeas and Removal Actions2025-07-01

The Department of Homeland Security (DHS) has been terminating the F-1 student visa holder status of international students in the United States. Students and their universities often only learn of the terminations by checking the Student and Exchange Visitor Information System (SEVIS), a database used by DHS and universities to track the status of international students.17 F-1 student visa holders enrolled in United States (U.S.) academic institutions or engaged in Optional Practical Training (OPT), allege harms including loss of scholarships, career opportunities, access to education, and potential detention or deportation. Plaintiffs claim violations of the Administrative Procedure Act (APA) for agency action not in accordance with law, exceeding statutory authority, and arbitrary and capricious conduct. They also allege violations of the Due Process Clause of the Fifth Amendment. Plaintiffs seek declaratory and injunctive relief to prevent the termination of their F-1 status and restore their SEVIS registration and work authorizations.

Update 1: On April 15, Plaintiffs amended the complaint to add 116 additional students to the litigation (for a total of 133 plaintiffs).

Update 2: On April 18, the court issued a TRO to prevent the termination of F-1 student visa holders' status and restore their SEVIS registration and work authorizations.

Update 3: On Apr. 25, 2025, the Department of Justice informed a federal court the administration has reversed the new policy.

Update 4: On May 2, the court converted the Plaintiffs’ TRO into a preliminary injunction for all 133 Plaintiffs, finding that the Plaintiffs are likely to succeed on the merits as to their claims that Defendants violated the APA, and that the Plaintiffs demonstrated a substantial threat of irreparable harm.

Update 5: On May 22, the court issued a nationwide preliminary injunction blocking the government from arresting, detaining, or deporting over 4,700 international students whose F-1 visa statuses were abruptly revoked without notice.

Update 6: On June 30, Plaintiffs filed a second amended complaint. On that same day, a stipulation of dismissal was entered, and the case was ultimately terminated on July 1.

Dvortsin as Next Friend of Hayam El Gamal et al., Petitioner, v. Noem (W.D. Tex.)

5:25-cv-00664

Habeas petition

2025-06-04Case Closed/Dismissed in Favor of GovernmentImmigration and CitizenshipOther Habeas and Removal Actions2025-07-02

Immigration and Customs Enforcement detained the wife and five children of Mohamed Sabry Soliman, who has been charged for an incendiary attack on a Jewish group in Boulder, Colorado. The detained family members filed suit on June 4, 2025, claiming that their planned deportation violated the Due Process Clause and the Immigration and Nationality Act. Although the courts in both Colorado and in Texas, where the case was transferred, initially barred the government from removing the family, the Texas court subsequently dismissed the case for lack of jurisdiction.

Update 1: On Jun. 4, Judge Gordon Gallagher granted a TRO blocking the removal of the family and requiring that they be given access to counsel.

Update 2: On Jun. 12, Judge Gallagher determined that the administration cannot expedite deportation proceedings for the family of the Egyptian man accused of fire-bombing a group of Jewish demonstrators in Boulder, Colorado. The court also ordered the case to be transferred to the Western District of Texas, where the family is being held.

Update 3: On Jun. 18, Judge Orlando Garcia granted a motion to extend the previous temporary restraining order blocking the removal of the family from the district or the United States.

Update 4: On Jul. 2, Judge Garcia dismissed a habeas corpus petition by the family of Mohamed Sabry Soliman, who was charged for an anti-Semitic attack in Colorado. The dismissal effectively lifts the block on the administration from removing the family from Texas. Judge Garcia found that the Immigration and Nationality Act precludes the court’s jurisdiction, and stated that the petitioners are receiving “full” due process under the Act.

Stanford Daily Publishing Corporation v. Rubio (N.D. Cal.)

5:25-cv-06618

Complaint

2025-08-06Awaiting Court RulingImmigration and CitizenshipOther Habeas and Removal Actions2025-12-12

Secretary of State Marco Rubio and the Trump administration have used provisions of the Immigration and Nationality Act to revoke visas (the “Revocation Provision”) and initiate deportation proceedings (the “Deportation Provision”) against lawfully present noncitizens based solely on political speech, particularly speech critical of the U.S. and Israeli foreign policy. The provisions allow the Secretary of State to revoke a visa at any time and render an immigrant deportable when the Secretary believes the individual compromises U.S. foreign policy. On August 6, the Stanford Daily Publishing Corporation, a student-run newspaper at Stanford University, filed a complaint challenging the administration’s actions. The complaint names Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem, both sued in their official capacities. The Newspaper alleges that the administration is utilizing these provisions to censor protected speech by noncitizens and has caused its staff to self-censor due to the threat of visa revocation and deportation. Further, the Stanford Daily claims its noncitizen contributors have declined assignments, removed published articles, and refrained from reporting due to fear of immigration consequences. They allege the provisions violate the First Amendment and Fifth Amendment, arguing that the Deportation and Revocation Provisions are unconstitutional as applied to protected speech. Plaintiffs seek declaratory and injunctive relief to prevent enforcement of the challenged provisions against protected speech, prohibit future deportations or visa revocations based on political expression, and restore the constitutional rights of noncitizens to engage in free speech without fear of immigration consequences.

Nov. 19, 2025: District Judge Wise denied the parties’ cross-motions for summary judgment without prejudice.

Dec. 4, 2025: Plaintiffs filed an amended complaint, which Defendants later moved to dismiss.

Garcia Picazo v. Sheehan (N.D. Iowa)

5:25-cv-04057

Habeas petition

2025-09-19Government Action BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-10-27

On August 8, 2025, Armando Garcia Picazo was arrested by U.S. Immigration and Customs Enforcement (ICE) custody on a warrant for another individual who, according to the government, “looked like” Garcia. Garcia has since been held in detention due to lack of immigration status. Garcia requested a bond redetermination and on September 12, an Immigration Judge (IJ) ordered his release on a $6,000 bond. The U.S. Department of Homeland Security (DHS) filed a notice of intent to appeal that effectively stayed Garcia’s release pursuant to 8 C.F.R, § 1003.19(i)(2) (automatic stay regulation). On September 19, Garcia filed a habeas petition naming two ICE officials, Secretary of DHS Kristi Noem, Attorney General Pamela Bondi, and President Donald Trump as Respondents and seeking an order providing for his release upon payment of his bond or, in the alternative, an order for the Respondents to show cause why the petition should not be granted within three days, enjoining the government from transferring him during the pendency of his case, and declaring that his continued detention violates the Due Process Clause of the Fifth Amendment and is ultra vires. Garcia also filed a motion for temporary restraining order (TRO) and preliminary injunction (PI) on September 19 requesting the same relief. On October 27, 2025, the district court granted the petition for a writ of habeas corpus and ordered Respondents to immediately release Garcia upon payment of the $6,000 bond with no additional conditions imposed beyond those ordered by the IJ at the bond redetermination hearing and found that Garcia’s continued detention violated the Fifth Amend and that the automatic stay regulation was ultra vires. In the same order, the district court also denied the motion for TRO and PI as moot.


Update 1: On October 27, the habeas petition was granted and the motion for TRO and PI was denied as moot.

Campos Leon v. Forestal, Marion County Sheriff (S.D. Ind.)

1:25-cv-01774

Habeas petition

2025-09-05Government Action BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-09-22

On [month and day not included in Opinion], 2025, Alejandro Campos Leon was arrested and charged with “drunken driving." U.S. Immigration and Customs Enforcement (ICE) subsequently arrested Campos pursuant to an ICE warrant. Campos requested a bond redetermination and on August 22, an Immigration Judge (IJ) ordered his release on a $7,500 bond. The U.S. Department of Homeland Security (DHS) filed a notice of intent to appeal that effectively stayed Campos’ release pursuant to 8 C.F.R, § 1003.19(i)(2) (automatic stay regulation). On September 5, Campos filed an emergency habeas petition naming the Marion County Sheriff, Secretary of DHS Kristi Noem, Attorney General Pamela Bondi, and ICE officials as Respondents and seeking an order providing for his release upon payment of his bond. On September 8, the district court ordered (not available) the Respondents to show cause why the petition should not be granted. On September 22, the district court granted the petition for a writ of habeas corpus and gave Respondents 48 hours to notify the court of Campos’ release consistent with the IJ’s bond order and found that that the automatic stay regulation was ultra vires and Campos’ continued detention was “contrary to the Constitution and Laws of the United States.”

Update 1: On September 8, the court ordered the Respondents to show cause why Campos’ habeas petition should not be granted.

Update 2: On September 22, the habeas petition was granted.

Chogllo Chafla v. Scott (D. Me.)

2:25-cv-00437

Habeas petition

2025-09-02Government Action BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-10-21


On August 23, 2025, Flavio Bladamir Chogllo Chafla, and three other Ecuadorian individuals were detained by Maine State Police. U.S. Customs and Border Patrol (USCBP) was dispatched to the scene and placed Chogllo Chafla under arrest. On August 28, U.S. Immigration and Customs Enforcement (ICE) determined that there was no bedspace available for Chogllo Chafla in Maine or Massachusetts. USCBP subsequently scheduled him to be transferred to an ICE detention facility in Texas on September 3. On September 2, Chogllo Chafla filed a motion for temporary restraining order (TRO) to enjoin the government from removing him to Texas. Chogllo Chafla also filed a petition for a writ of habeas corpus challenging his continued detention as a violation of the Due Process Clause of the Fifth Amendment and seeking three alternative forms of relief: (1) his immediate release; (2) for the district court to conduct its own bail hearing; or (3) for the district court to order Respondents to conduct a bail hearing and consider his bail eligibility pursuant to 8 U.S.C. § 1226(a). Commissioner of Customs and Border Protection, Todd Lyons, in his official capacity as Acting Director of ICE, and Kristi Noem, in her official capacity as Secretary of the U.S. Department of Homeland Security were named as respondents. On September 2, the district court granted the motion for TRO and set a $100 bond. Chogllo Chafla was transferred to an ICE detention facility in Massachusetts. On September 16, Chogllo Chafla moved for a bond hearing in immigration court. The immigration judge (IJ) denied the request because he found that Chogllo Chafla was subject to mandatory detention under the Board of Immigration Appeals (BIA) interpretation of 8 U.S.C. § 1225(b)(2). On September 21, the district court found that Chogllo Chafla’s detention violated his right to due process and granted the writ of habeas corpus. The court ordered that Chogllo Chafla be released from detention until he receives a bail hearing pursuant to 8 U.S.C. § 1226(a) and enjoined Respondents from denying bail pursuant to 8 U.S.C. § 1225(b)(2). On October 3, Respondents confirmed Chogllo Chafla’s release in a status report to the court. On October 21, the clerk entered judgment in favor of Chogllo Chafla and against Respondents.

Update 1: On September 2, the district court granted the motion for temporary restraining order.

Update 2: On September 21, the district court granted the writ of habeas corpus.

Update 3: On October 21, the clerk entered judgment in favor of Chogllo Chafla and against Respondents.

Lema Tamay v. Scott (D. Me.)

2:25-cv-00438

Habeas Petition (sealed)

2025-09-02Government Action BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-10-23

On Aug. 23, 2025, Luis German Lema Tamay was detained by Maine State Police and subsequently placed under arrest by the U.S. Customs and Border Patrol (USCBP) who subsequently scheduled him to be transferred to an ICE detention facility in Texas on September 3. On September 2, Lema Tamay filed a motion for a temporary restraining order (TRO) to enjoin the government from removing him to Texas as well as a petition for a writ of habeas corpus challenging his continued detention as a violation of the Due Process Clause of the Fifth Amendment and seeking three alternative forms of relief: (1) his immediate release; (2) for the district court to conduct its own bail hearing; or (3) for the district court to order Respondents to conduct a bail hearing and consider his bail eligibility pursuant to 8 U.S.C. § 1226(a).

Sept. 2, 2025: The district court granted the motion for TRO and set a $100 bond after which Lema Tamay was transferred to an ICE detention facility in Maine.

Sept. 21, 2025: The district court granted the writ of habeas corpus and ordered that Lema Tamay be released from detention until he receives a bail hearing pursuant to 8 U.S.C. § 1226(a). The court also enjoined Respondents from denying bail pursuant to 8 U.S.C. § 1225(b)(2).

Oct. 23, 2025: The clerk entered judgment in favor of Lema Tamay and against Respondents.

Tenesaca Lema v. Scott (D. Me.)

2:25-cv-00439

Habeas petition

2025-09-02Government Action BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-10-31On August 23, 2025, plaintiff and two other Ecuadorian individuals were detained after a traffic stop and taken into U.S. Border Patrol (USBP) custody in the Area Port of Portland. Because Immigration and Customs Enforcement–Enforcement and Removal Operations (ICE ERO) determined it lacked bedspace in either Maine or Massachusetts, USBP decided to transfer plaintiff to an ICE ERO facility in Los Fresnos, Texas. On September 2, 2025, plaintiff filed a writ of habeas corpus alleging that his detention was unlawful and that “expedited removal” under 8 U.S.C. § 1225(b)(1) would violate his due process rights under the Fifth Amendment, and seeking a temporary restraining order blocking his transfer outside the District of Maine. Judge Neumann enjoined plaintiff’s transfer, but subsequently granted the government’s petition to transfer plaintiff to the custody of ICE ERO in Massachusetts on September 5, 2025.

Update 1: On September 21, 2025, Judge Neumann granted plaintiff’s petition and ordered that the government release him from detention and provide a bond hearing within 14 days of the order. Judge Neumann found that plaintiff was deprived of his right to a bond hearing and detained in violation of their Fifth Amendment Due Process rights. The court found that DHS’s attempted use of the “expedited removal” process under 8 U.S.C. § 1225(b)(1) is inappropriate for those who already have entered and been residing in the interior of the United States for several years.

Update 2: On October 4, 2025, plaintiff voluntarily dismissed the action.

Update 3: On October 31, 2025, defendants appealed Judge Neumann’s order granting plaintiff’s habeas petition.

State of Arizona, et al. v. Pam Bondi, et al. (D. Ariz.)

4:25-cv-00468

Habeas petition

2025-08-15State A.G. PlaintiffsGovernment Action BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-10-22

On August 15, 2025, the State of Arizona, filed a complaint against various federal officials in their official capacities, including Pam Bondi, Gadyaces S. Serralta, Kristi Noem, Van Bayless, and Timothy Courchaine, seeking a writ of habeas corpus ad prosequendum and a preliminary injunction to require the United States to produce an individual in federal custody for prosecution by the Arizona for multiple violent crimes, including first-degree murder. Arizona alleges that, despite historic cooperation, the United States has refused without clear explanation to make the individual available for initial appearance and arraignment in state court, thereby obstructing Arizona’s prosecution and risking the loss of crucial victim testimony, particularly from elderly and vulnerable witnesses. Arizona argues that the federal government’s actions not only hamper its ability to pursue justice for all victims, but also lack legal or factual justification and could jeopardize evidence needed for both federal and state cases.

Update 1: On October 2, 2025, Judge Márquez granted Arizona’s application and ordered the Arizona Attorney General to produce the individual in federal custody for arraignment and initial appearance in state court and for victim-witness depositions in the same case. The court held that federal courts have authority under 28 U.S.C.§ 2241(c)(5) to issue writs transferring federal prisoners into state court for prosecution, rejecting the government’s attempt to unilaterally block Arizona’s proceedings.

Clarke v. Nassau County Correctional Center (E.D.N.Y.)

2:25-cv-06773

Habeas petition

2025-12-08Government Action Temporarily BlockedImmigration and CitizenshipOther Habeas and Removal Actions2025-12-18

[Coming soon]

Dec. 18, 2025: Judge Brown granted habeas petitioner Erron Clarke emergency bail based on largely undisputed allegations of “inhumane and unlawful treatment” in Immigration and Customs Enforcement (ICE) detention facilities. In his memorandum order, Judge Brown faulted ICE for filing statements that were “rank hearsay,” “preposterous,” and “evasive and demonstrably false.”

Refugee and Immigrant Center for Education and Legal Services v. Noem (D.D.C.)

1:25-cv-00306

Complaint

Amended Complaint

2025-02-19

2025-02-03Government Action Blocked Pending AppealImmigration and CitizenshipProclamation Prohibiting Non-Citizens from Invoking Asylum Provisions (Proclamation 10888)2025-08-01

On Jan. 20, 2025, President Trump issued Proclamation 10888, “Guaranteeing the States Protection Against Invasion,” declaring that there is an “invasion” at the southern border (Proclamation 10888). Proclamation 10888 precludes noncitizens “engaged in the invasion” from invoking INA provisions that would permit their continued presence in the United States—including, but not limited to, the right to seek asylum under 8 U.S.C. § 1158—and directs the Secretary of Homeland Security to “take all appropriate action to repel, repatriate, or remove” those noncitizens. In practice, it prevents anyone who crosses the southern border between ports of entry, or who enters anywhere else (even at a port of entry) without a visa and extensive background documentation, from invoking the usual INA provisions that would allow them to remain in the U.S. while pursuing asylum or related protections.. Plaintiffs comprise thirteen individuals who are or were subject to Proclamation 10888 and three nonprofit organizations in Texas and Arizona providing legal services and assistance to undocumented individuals or asylum seekers. In a suit filed on Feb. 3, Plaintiffs argue that the order violates the following statutory and constitutional provisions:

  1. the Asylum Statute in the INA, 8 U.S.C. § 1158(a)(1) (by barring noncitizens from applying for asylum in direct contradiction to congressional protections);

  2. the Withholding of Removal Statute, 8 U.S.C. § 1231(b)(3) (by preventing noncitizens from seeking protection from persecution based on race, religion, nationality, membership in a particular social group, or political opinion);

  3. the Foreign Affairs Reform and Restructuring Act (FARRA), 8 U.S.C. § 1231, and the Convention Against Torture (CAT) (by depriving noncitizens of a meaningful opportunity to present CAT claims and shielding them from potential torture);

  4. the Trafficking Victims Protection Reauthorization Act (TVPRA), 8 U.S.C. § 1232(a)(5)(D) (by denying unaccompanied children from non-contiguous countries their statutory right to regular removal proceedings);

  5. the INA’s procedural protections for removal, 8 U.S.C. §§ 1101, 1229a, 1225(b) (by overriding mandated removal proceedings and eliminating procedural protections, including credible fear screenings);

  6. the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A) (by implementing policies that are arbitrary, capricious, and contrary to law) and § 706(2)(D) (by failing to follow the required rulemaking process before enacting sweeping changes to statutory protections); and

the constitutional separation of powers (by exceeding presidential authority and unlawfully overriding congressionally enacted immigration protections).
The Plaintiffs seek a declaratory judgment that the proclamation is unlawful and an injunction stopping its implementation.

Update 1: On Feb. 19, Plaintiffs filed an amended complaint and proposed class action seeking to proceed both individually and on behalf of a putative class of all others who “were, are, or will be subject to” the Proclamation, along with a motion for class certification, a motion for a classwide preliminary injunction, and an emergency motion to stay the removal of individual Plaintiffs currently within the United States who could be imminently deported under Proclamation 10888.

Update 2: On Feb. 20, Judge Moss issued an administrative stay in the case until 12 pm on Feb. 24 to allow the government time to gather information to respond, and time for expedited briefing. The court further ordered the Defendants to respond to Plaintiffs’ Feb. 19 emergency motion for a stay of removal by Feb. 21.
Update 3: On Feb. 22, Judge Moss denied as moot the emergency motion to stay removal of individual Plaintiffs because the government agreed not to use Proclamation 10888 to remove them during the litigation. The court ordered that the government must provide at least seven days’ notice before removing any individual Plaintiffs during the case and vacated the scheduled hearing.
Update 4: On Feb. 26, at the parties’ request, the court agreed to treat Plaintiffs’ Feb. 19 motion for a classwide preliminary injunction as a motion for summary judgment.

Update 5: On Mar. 24, the Trump administration filed a motion for summary judgment, asserting, among other things, that plaintiffs lack standing, that presidential decisions are not reviewable under the APA, and that the “[t]he determination that the United States is facing an invasion is an unreviewable political question.”
Update 6: On Apr. 7, Plaintiffs filed a formal motion for summary judgment (and memorandum in support), following the court’s decision to convert their Feb. 19 preliminary-injunction motion into a summary-judgment motion. They also submitted a proposed order requesting a permanent injunction to prevent the Trump administration from enforcing Proclamation 10888

Update 7: From late March through early May, the parties briefed Plaintiffs’ motion for class certification and their cross-motions for summary judgment.

Update 8: On July 2, the court granted in part and deferred in part Plaintiffs’ motion to certify a class, certifying under Rule 23(b)(2) a class of individuals who are or will be subject to Proclamation 10888 while present in the United States and designating Individual Plaintiffs as class representatives. Further, in an order and opinion the court granted in part, denied in part, and deferred in part Plaintiffs’ motion for summary judgment, and deferred “ruling on the remaining portions of the parties’ cross-motions.” In granting partial summary judgment to the certified class and individual Plaintiffs, the court vacated the agency guidance implementing Proclamation 10888 to the extent it authorizes "extra-statutory" or "extra-regulatory" removals or repatriations, bars class members from applying for asylum or, where eligible, withholding of removal, or departs from the existing CAT-screening regulations. The court declared Proclamation 10888 unlawful insofar as it purports to suspend or restrict access to asylum, withholding of removal, or CAT procedures, or to authorize extra-statutory removal mechanisms, and permanently enjoined the agency defendants from using non-statutory repatriation procedures or removing class members without complying with the asylum statute and governing CAT regulations. On that same day, the government appealed Judge Moss’s order granting summary judgment to the D.C. Circuit.

Update 9: On July 11, the D.C. Circuit granted an administrative stay of Judge Moss’s Jul. 2 summary judgment.

Update 10: On Aug. 1, the D.C. Circuit dissolved its July 11 administrative stay and granted in part and denied in part the government’s emergency motion for a stay pending appeal of Judge Moss’s Jul. 2 summary judgment. The court clarified that the class consists only of individuals who are present in the United States while Proclamation 10888 or its implementation is in effect, are not statutorily ineligible for asylum, statutory withholding, or CAT protection, and who would otherwise seek one of those forms of relief. It also stayed the portions of the district court’s judgment that (1) vacated the Proclamation’s implementing guidance on asylum applications, (2) enjoined removal of class members without complying with the asylum statute, and (3) declared the Proclamation unlawful insofar as it suspends or restricts access to asylum, denying a stay in all other respects.

Al Otro Lado v. Trump (S.D. Cal.)

3:25-cv-01501

Complaint


2025-06-11Awaiting Court RulingImmigration and CitizenshipProclamation Prohibiting Non-Citizens from Invoking Asylum Provisions (Proclamation 10888)2025-06-11

On Jan. 20, 2025, President Donald Trump issued Executive Order (EO) 10888 which bars immigrants who arrive after the date of the EO from invoking provisions of the Immigration and Nationality Act (INA) that would permit them to remain in the United States while pursuing asylum claims. Plaintiffs, two immigration nonprofits based in California, Al Otro Lado and Haitian Bridge Alliance, filed a class action suit on June 11, 2025 against Defendants Trump, Secretary Noem, Secretary Rubio, Attorney General Bondi, and Commissioner Pete Flores and Assistant Commissioner Diane Sabatino of U.S. Customs and Border Protection (CBP). Plaintiffs claim that the EO violates 8 U.S.C. § 1158 of the Immigration and Nationality Act (INA) by unlawfully shutting down access to asylum at ports of entry (POE) along the US-Mexico border as of the date of the EO. Plaintiffs also claim that the EO violates the Administrative Procedure Act (APA) because it is unlawful, arbitrary & capricious, and does not observe required procedure. Plaintiffs also claim that the EO and its implementation are ultra vires, as beyond the scope of authority. Plaintiffs are requesting the court declare that the EO and the blocking of asylum are unlawful, violate the INA, and violate the APA, and to enjoin Defendants from implementing the EO and shutting down access to asylum.

Melgar-Salmeron v. Bondi (2d Cir.)

23-7792

Letters from Government and Petitioner [Sealed]

2023-11-20Government Action Temporarily BlockedImmigration and CitizenshipRemoval to El Salvador/Fear of Persecution2025-09-26

Jordin Alexander Melgar-Salmeron, an undocumented immigrant who had been in immigration detention since 2022 following a prison sentence for possessing an unregistered shotgun, filed a petition for review in the U.S. Court of Appeals for the Second Circuit, challenging a decision by the Board of Immigration Appeals that upheld an immigration judge’s denial of his requests for withholding of removal and protection under the Convention Against Torture. Although the case was put on hold in January 2024 by the Biden administration, on April 17, 2025, the Trump administration moved to expedite Melgar-Salmeron’s deportation case and removal. Petitioner moved for emergency relief and requested the government be enjoined from removing him, which the court granted on May 7. Despite this 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 order. On May 12, the court ordered the government to provide details as to the circumstances of his removal.

Update 1: On Jun. 24, the Second Circuit ruled that the government must facilitate the Petitioner’s 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 “a confluence of administrative errors" in the Government's words. The Court also directed the administration to report back within one week on Melgar-Salmeron’s current location and status and plans about his return.

Update 2: On Jul. 11, the Second Circuit ordered that the government file a declaration every week informing the court of the petitioner's location and what steps the government is taking to facilitate the petitioner's return, as well as the legal basis for his continued detention in El Salvador.

Update 3: On Jul. 25, the Second Circuit ordered the government, in addition to its weekly status updates, to file by Aug. 1 a declaration from someone with personal knowledge explaining the basis for its assertion that Petitioner has been charged with illicit association and homicide, is housed at the Tecoluca maximum-security prison, and is awaiting trial, along with any corroborating documentation (with leave to seek sealing as needed). The court also noted it had held the petition in abeyance in early 2024 and, absent objection by Aug. 1, intends to lift that hold in due course.

Update 4: On Aug. 5, the Second Circuit ordered Petitioner’s counsel to file a letter by Aug. 11 describing the steps taken to communicate with Petitioner since the Government confirmed his whereabouts, and ordered the Government to file a responsive letter by Aug. 18 explaining what measures it had taken to facilitate those communications.

Update 5: On Sept. 8, the Second Circuit ordered the parties to meet and confer by Sept. 15 regarding further steps to facilitate attorney–client communication, and directed the Government to file by Sept. 22 a declaration from someone with personal knowledge detailing additional steps taken (including confirmation that the meet-and-confer occurred) and efforts to obtain documentation corroborating that Petitioner is in custody at the Tecoluca maximum-security prison, is awaiting trial, and is charged with illicit association under the exception regimen and homicide, as well as what documents, if any, had been received.

Update 6: On Sept. 22, the government filed a response stating that on Sept. 16 the U.S. Embassy in El Salvador sent another diplomatic note to the Salvadoran Ministry of Foreign Affairs requesting that it facilitate communication between Petitioner and his U.S. counsel, and that on Sept. 19 the Salvadoran Directorate of Prisons expressed its “willingness to accommodate a video call between Petitioner and his legal counsel in the United States and to do so in short order.” The government then provided the relevant contact information to Petitioner’s counsel to arrange the call.

Update 7: On Sept. 26, the government filed a supplemental response to its Sept. 22 filing, reporting that the Salvadoran Ministry had explained that, for future communications between Petitioner and his counsel, it would “henceforth require a petition for assistance in criminal matters under Article 7(b) of the Inter-American Convention on Mutual Assistance in Criminal Matters,” that previous instructions about communications with Petitioner “should be considered null and void,” and that the government was unaware whether Petitioner’s counsel had successfully scheduled and held the video call.

Gil Rojas v. Venegas (S.D. Tex.)

1:25-cv-00056

Habeas Petition

2025-03-14Case Closed in Favor of PlaintiffImmigration and CitizenshipRemoval to El Salvador/Fear of Persecution2025-08-18

On Jan. 21, 2025, Adrian Gil Rojas, a Venezuelan national, was taken into custody at his home by agents of U.S. Immigration and Custom Enforcement (ICE). Rojas had arrived in the United States on or about April 30, 2023 and was granted temporary protected status (TPS) on Nov. 27, 2023. He was subject to an in absentia removal order from Sept. 10, 2024 after he missed a court appointment, but on March 11, 2025 he filed a motion to rescind this order. On March 14, he filed a petition for writ of habeas corpus, asserting that his detention is unlawful because of his TPS status under 8 U.S.C. 1254a (a)(1)(A). He also asserted that his submission of a motion to rescind his in absentia motion triggered an automatic stay of his removal from the U.S. under 8 U.S.C. 1229a(b)(5)(C). He asked the court to release him immediately and declare his detention unlawful and unconstitutional under the Fifth Amendment, and enjoin his further removal or detention so long as he continues to hold TPS status and/or his motion to rescind remains pending under the Fifth Amendment.

Apr. 2, 2025: Judge Rolando Olvera ordered the government to return Gil Rojas to New York to be released on his own recognizance. The court amended its order the following day.

Aug. 18, 2025: The court granted the parties’ Aug. 14 notice of dismissal.

Abrego Garcia v. Noem (D. Md.)

8:25-cv-00951

Complaint

2025-03-24Government Action BlockedImmigration and CitizenshipRemoval to El Salvador/Fear of Persecution2025-12-12

On Mar. 15, 2025, the U.S. government deported 261 noncitizens to El Salvador. Among those removed was Plaintiff Kilmar Armando Abrego Garcia (Abrego Garcia), who had been granted immigration relief in 2019 through withholding of removal to El Salvador on the ground that he had a well-grounded fear of persecution. Plaintiffs include Abrego Garcia, his U.S. citizen wife, and his child. Plaintiffs allege the Department of Homeland Security (DHS) and ICE provided substantial financial compensation to the Government of El Salvador to incarcerate Abrego Garcia and the other noncitizens deported with him. Plaintiffs contend that the removal of Abrego Garcia to El Salvador constitutes a violation of the Administrative Procedure Act, the Withholding of Removal Statute, and the procedural and substantive due process rights safeguarded under the Fifth Amendment. Accordingly, plaintiffs seek a judicial declaration affirming that the removal of Abrego Garcia was unconstitutional. They further request that the court direct the defendants to cease compensating El Salvador for the detention of Abrego Garcia and order the defendants to formally request the release of Abrego Garcia to U.S. custody, and take all reasonable measures to facilitate his return to the United States in the event El Salvador fails to comply. Plaintiffs immediately filed an emergency motion seeking a temporary restraining order (TRO) urging the court to immediately prohibit the defendants from continuing payments to the Government of El Salvador for Abrego Garcia's detention and to require the defendants to initiate efforts to secure his return to U.S. custody.

Update 1: On Mar. 25, Judge Paula Xinis denied Plaintiffs’ emergency motion for a TRO. On that same day, Plaintiffs filed a second motion for a TRO against the Defendants requesting injunctive relief in the form of a court order preventing Defendants from continuing to financially support El Salvador’s detention of Abrego Garcia and ordering Defendants to request the return of Abrego Garcia to U.S. custody.
Update 2: On Mar. 28, Plaintiffs filed a supplemental memorandum in support of the requested injunctive relief.
Update 3: On Mar. 31, Defendants filed their opposition to Plaintiffs’ emergency motion for a TRO. The Defendants state it was an “administrative error” to have removed Abrego Garcia to El Salvador, but oppose the relief that Plaintiffs request.

Update 4: On Apr. 4, Judge Paula Xinis wrote that “issuance of a preliminary injunction without further delay is necessary … to avoid ongoing irreparable harm,” and ordered the government to effectuate his return to the United States by 11:59PM Apr. 7. The judge published a memorandum opinion on Apr. 6.

Update 5: The Defendants appealed the order, and on the morning of Apr. 7, the Fourth Circuit denied the Defendants’ request for a stay. The Defendants petitioned the U.S. Supreme Court to vacate the district court order and an immediate administrative stay. Chief Justice Roberts issued a temporary stay and ordered the Plaintiff to submit a reply by 5pm ET the following day. The Plaintiff, however, submitted their reply shortly afterwards on the same day.
Update 6: On the evening of Apr. 10, the Supreme Court, in a per curiam opinion without any dissent, upheld the district court order in large part. The Court wrote: “The order properly requires the Government to ‘facilitate’ Abrego Garcia’s 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. The intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority.” Within hours, the district court issued an order “to DIRECT that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.” The order also required the government to provide a declaration with information of Abrego Garcia’s current location and steps taken to facilitate his return.

Update 7: On Apr. 11, Defendants submitted a Response to the Order stating that the government could not provide information in response to the Apr. 10 order by the designated time of 9:30AM ET on Apr. 11. After a hearing in which the government did not provide answers, the judge issued an Order stating “counsel [for the Defendant] could not confirm, and thus did not advance any evidence, that Defendants had done anything to facilitate Abrego Garcia’s return. This remained Defendants’ position even after this Court reminded them that the Supreme Court of the United States expressly affirmed this Court’s authority to require the Government ‘facilitate’ Abrego Garcia’s return” (emphasis in original). The order requires the Defendant to provide a daily update of actions taken to facilitate his return.

Update 8: On Apr. 12, the government submitted a declaration stating only that “Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador. He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador.” Earlier that day Plaintiffs submitted a motion for additional relief including expedited discovery.

Update 9: On Apr. 13, the Defendants provided a daily status report, which included no information on efforts to obtain his release from custody in El Salvador. The Defendants also submitted a motion opposing the Plaintiffs’ Apr. 12 motion for additional relief. The motion also stated, “Defendants understand ‘facilitate’ to mean … actions allowing an alien to enter the United States … best read as taking all available steps to remove any domestic obstacles that would otherwise impede the alien’s ability to return here” (emphasis in original).
Update 10: On Apr. 15, Judge Xinis granted the motion for expedited discovery. The Judge wrote, “Defendants therefore remain obligated, at a minimum, to take the steps available to them toward aiding, assisting, or making easier Abrego Garcia’s release from custody in El Salvador and resuming his status quo ante. But the record reflects that Defendants have done nothing at all.”
Update 11: On Apr. 16, the Defendants submitted a notice of appeal.

Update 12: On Apr. 17, the Fourth Circuit denied the Defendant’s appeal in a 7-page order, which concluded that the Defendants’ requested relief is both extraordinary and premature in light of the Supreme Court’s decision.

Update 13: On Apr. 23, Defendants filed a sealed motion to stay discovery, which Judge Xinis granted through Apr. 30 with the agreement of the parties. On Apr. 30, Judge Xinis denied Defendants’ motion to stay discovery and ordered a new expedited schedule.

Update 14: On May 16, following a hearing, Judge Xinis ordered the unsealing of Secretary Rubio's Declaration asserting state secrets and for the government to supplement the Declaration by May 23.

Update 15: On June 26, Kilmar Armando Abrego Garcia filed an emergency motion today asking the district court in Maryland to order his return to Maryland and bar any attempts to remove him to another district or outside the United States. Garcia cites the Supreme Court’s recent order to “[ensure] that his case is handled as it would have been had he not been improperly sent to El Salvador.”

Note: On June 25, 2025, in a related criminal case, Judge Crenshaw rejected the government’s request to keep Kilmar Abrego Garcia detained while he awaits trial on immigrant smuggling charges."

Update 16: Following a hearing on July 7, Judge Xinis ordered the administration to produce testimony on whether it intends to deport Abrego Garcia if he is released from criminal detention due to a separate criminal case and the legal basis for any such removal.

Update 17: On July 9, the administration informed the court that it will not deport Mr. Abrego Garcia to El Salvador without first reopening his immigration proceedings and terminating his current status. The government added that, if it proceeds with deportation to a third country, it would follow the procedures outlined in DHS’s guidance. Abrego Garcia refused to stipulate jointly. On July 7, Judge Xinis denied the administration’s two motions to dismiss the case as moot and lacking jurisdiction. Garcia argued that the administration will return to its actions as alleged in his complaint. The administration made this stipulation hoping to counter the plaintiff’s argument that this current case is not moot.

Update 18: On July 23, Judge Xinis granted Abrego Garcia’s motion for relief, prohibiting the administration from re-arresting him upon his release from criminal detention in Tennessee. The court ordered that Garcia be returned to Maryland under ICE’s Order of Supervision. If the administration seeks to pursue third-country removal proceedings against Garcia, it must provide 72 business hours notice. The court explained that the order is necessary to preserve jurisdiction and ensure injunctive relief to restore the status quo. Judge Xinis noted that this order is “consistent with the United States Supreme Court’s mandate that ‘[Garcia’s] case is handled as it would have been had he not been improperly sent to El Salvador.’” The court clarified, however, that lawful immigration proceedings may proceed once Garcia returns to Baltimore.

Update 19: On August 25, Abrego Garcia filed a habeas petition after being detained again, just three days after his release. He was informed that the government now intends to deport him to Uganda. He argues that his detention is unlawful and that the government is detaining him “in order to punish him for his constitutionally protected activity.” At a hearing that same day, Judge Xinis reportedly ordered that Garcia remain in the United States, temporarily blocking his deportation to Uganda.

Update 20: On Oct. 3, Judge Crenshaw in a separate proceeding granted Abrego Garcia’s request for discovery and an evidentiary hearing on his claim of vindictive prosecution, finding that Garcia presented evidence showing a “realistic likelihood of vindictiveness.” The court found that the reopening of a closed 2022 traffic stop investigation days after Garcia prevailed at the Supreme Court created “a sufficient evidentiary basis to conclude that there is a ‘realistic likelihood of vindictiveness.’”

Update 21: On Dec. 11, Judge Xinis ordered the administration to release Abrego Garica from ICE custody immediately, finding that Garcia has been held in ICE detention absent a lawful removal order.

Update 22: On Dec. 12, Abrego Garcia filed an emergency motion for a temporary restraining order against efforts to redetain him on the basis of an allegedly unlawful removal order issued after Judge Xinis’s Dec. 11 ruling ordering his release. Judge Xinis granted Abrego Garcia’s motion, temporarily enjoining the administration from redetaining him.

Robert F. Kennedy Human Rights v. Department of State (D.D.C.)

1:25-cv-01774

Complaint

2025-06-05Awaiting Court RulingImmigration and CitizenshipRemoval to El Salvador/Fear of Persecution2025-10-28

In February 2025, U.S. Secretary of State Marco Rubio announced that the U.S. had made an agreement with El Salvador whereby the U.S. would pay El Salvador to hold in Salvadorian prisons immigrants who had come to the U.S. illegally and who had been convicted of crimes. Plaintiffs are four immigration non-profits and one criminal defense non-profit who represent individuals in immigration and criminal cases. On Jun. 5, Plaintiffs sued Secretary Rubio and the United States Department of State, alleging that the deal between the U.S. and El Salvador has resulted in many individuals being sent to a Salvadorian prison known as CECOT, where inmates are subjected to human rights violations and are not allowed any contact with the outside world, including counsel. Plaintiffs assert that the agreement harms their organizations because it renders it impossible for Plaintiffs to provide legal services and advice to clients who have been transferred to CECOT because the organizations are no longer able to contact these clients. Additionally, Plaintiffs allege that the agreement has forced them to devote significant time and resources to new training and procedures that they would not otherwise have had to expend in the absence of the agreement. Plaintiffs brought claims arguing that the agreement violates the Administrative Procedure Act (APA) because it is contrary to the Suspension Clause, Appropriations Clause, First, Fifth, Sixth, and Eight Amendments, the Convention Against Torture, the Case-Zablocki Act, the Immigration and Nationality Act, the Americans with Disabilities Act, the Non-Detention Act, the Detainee Treatment Act, and the First Step Act, as well as various federal regulations. Plaintiffs also allege that the agreement violates the APA because it is both arbitrary and capricious and in excess of statutory authority, and finally that the agreement was made ultra vires. Plaintiffs have asked the court to declare unlawful and set aside the agreement and enjoin Defendants from taking further action pursuant to the agreement.

Update 1: On Oct. 28, Judge James E. Boasberg lifted his Oct. 22 shutdown stay and set a briefing schedule. Briefing is ongoing, and the court has not yet ruled on the parties’ cross-motions for summary judgment or the government’s motion to dismiss for lack of jurisdiction.

Pacito v. Trump (W.D. Wash.)

2:25-cv-00255

Complaint

2025-02-10Government Action Not Blocked Pending AppealImmigration and CitizenshipSuspension of the U.S. Refugee Admissions Program (Executive Order No. 14163) and Refugees Funding Suspension (Dept. of State Notice)2025-09-18

On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Ten plaintiffs — individual refugees, U.S. citizens, and resettlement organizations (HIAS, Church World Service, and Lutheran Community Services Northwest) — filed a proposed class action seeking injunctions to block implementation of the orders, declaratory judgments that the actions are unlawful, maintenance of refugee processing and resettlement services consistent with the status quo, and confirmation of compliance with such remedies if granted. The lawsuit alleges that the orders have left approved refugees stranded internationally, denied recent arrivals statutorily-mandated support services, and forced layoffs at resettlement institutions. The complaint asserts that the executive orders violate the Refugee Act’s comprehensive statutory scheme for refugee policy, are arbitrary and capricious under the Administrative Procedure Act for circumventing notice-and-comment requirements and failing to establish a reasoned basis for the change in policy, and breach agency regulations at 8 C.F.R. § 207.7 governing the Follow-to-Join process in violation of the Accardi doctrine requiring government officials to follow the agency’s own rules and procedures. The lawsuit further argues that the orders violate the Fifth Amendment due process rights of U.S. citizens petitioning for family reunification, and violate fundamental separation of powers principles by attempting to redistribute or withhold congressionally appropriated funds to achieve policy objectives.

Update 1: On Feb. 25, Judge Jamal Whitehead, ruling from the bench, issued a preliminary injunction barring implementation of the executive order.

Update 2: On Feb. 28, Judge Whitehead issued a written opinion granting the nationwide preliminary injunction.

Update 3: On Mar. 3, the government submitted a notice of appeal to the Ninth Circuit.

Update 4: On Mar. 5, Plaintiffs filed an amended complaint. Citing continued steps by the administration to dismantle resettlement programs after Judge Whitehead’s preliminary injunction, including the termination of cooperative agreements implementing the resettlement programs, the amended complaint also requests a TRO and preliminary injunction against implementation of the EO. The plaintiffs also submitted a motion for a preliminary injunction on the basis of this amended complaint.

Update 5: On Mar. 8, the Trump administration filed an emergency motion to stay the district court proceedings with the Ninth Circuit. Plaintiffs filed their response to this emergency motion with the Ninth Circuit on Mar. 14.

Update 6: On Mar. 24, the court granted a second preliminary injunction on the basis of Plaintiffs’ amended complaint.

Update 7: On Mar. 25, the Trump administration filed a notice that it was appealing the preliminary injunction to the Ninth Circuit. On that same day, the Ninth Circuit granted in part and denied in part the emergency motion to stay the preliminary injunction issued by Judge Whitehead on Feb. 28. The Ninth Circuit denied the motion to the extent it applies to individuals who were conditionally approved for refugee status before Jan. 20, 2025, but otherwise granted the motion to stay.

Update 8: On Apr. 3, Plaintiffs filed a motion to enforce the first preliminary injunction due to Defendants’ noncompliance with the preliminary injunction. Plaintiffs’ motion also included an emergency motion for a show cause hearing.

Update 9: On Apr. 8, the Defendants filed a reply to Plaintiffs’ Apr. 3 motion to enforce the preliminary injunction, arguing Plaintiffs’ read of the Ninth Circuit’s stay order is too narrow. The Trump administration requested the court hold Plaintiffs’ motion in abeyance pending the Ninth Circuit’s ruling on their pending appeals.

Update 10: On Apr. 9, Plaintiffs filed a response in further support of their motion to enforce the preliminary injunction. On Apr. 11, Judge Whitehead granted this motion in part and ordered Defendants to immediately cease the suspension of and resume refugee processing and resettlement support for individuals conditionally approved for refugee status by USCIS before Jan. 20, 2025. This order also requires Defendants to cease the implementation of any suspension of funding to USRAP partner agencies.

Update 11: On Apr. 21, the Ninth Circuit issued a notice to clarify its Mar. 25 order, which granted in part and denied in part Defendants’ motion for an emergency stay of Judge Whitehead’s preliminary injunction. The Ninth Circuit noted that the stay request is denied to the extent that Judge Whitehead’s preliminary injunction orders applies to individuals who, before January 20, 2025, (1) had approved refugee applications authorizing them to be conditionally admitted as a refugee to the U.S.; (2) were cleared by USCIS for travel to the United States; and (3) had arranged and confirmable travel plans to the United States.

Update 12: On Apr. 28, Defendants filed a Motion to Dismiss the first supplemental complaint, alleging a variety of both substantive and procedural shortcomings in the Plaintiffs’ first supplemental complaint.

Update 13: On July 14, Judge Whitehead issued an injunction framework order, clarifying the scope and process of his previous injunction and establishing a framework for reviewing refugee cases. The court is requiring the administration to provide a survey and notice to identify individuals eligible for review. The court also designated specific groups for whom the burden of proof shifts to the administration, including “160 refugees with imminent travel,” “[u]naccompanied minor children”, and “Afghan refugees at Camp As Sayliyah.” Refugees approved for expedited processing due to medical or protection concerns are not included in this group. Previously, on April 21, the Ninth Circuit limited and clarified Judge Whitehead’s injunction.

Update 14: On July 19, the Court of Appeals issued an administrative stay on the district court’s injunction implementation framework pending further order.

Update 15: On July 30, Judge Whitehead certified a challenge to the Trump administration’s attempt to suspend the U.S. Refugee Admissions Program as a class action suit. The ruling opens a route for the plaintiffs in the case to seek a nationwide injunction compelling the government to unfreeze the program. Further, having found that the Plaintiffs adequately pleaded their claims and established jurisdiction, he denied the Defendants’ motion to dismiss for failure to state a claim.

Update 16: On September 12, the Ninth Circuit vacated the previous stays and stayed the district court’s preliminary injunctions except as otherwise provided in the order. The court found that the government was not likely to prevail on at least one of the plaintiff’s challenges, specifically fulfillment of its obligation under 8 U.S.C. § 1522 to provide certain reception and placement services to refugees after their admission into the United States. In light of the government’s uncertainty regarding its ability to provide these statutorily-mandated services, the panel directed the government to reinstate the cooperative agreements necessary to provide such services. On September 18, the court issued an updated order reflecting the same.

Lazaro Maldonado Bautista v. Ernesto Santacruz Jr. (C.D. Cal.)

5:25-cv-01873

Complaint

Amended Complaint

2025-07-28

2025-07-28Government Action Blocked Pending AppealImmigration and CitizenshipImmigration Detention Policy2025-12-18

On July 8, 2025, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) instituted a new policy requiring mandatory detention of noncitizens who entered without inspection, regardless of their time in the U.S. or bond eligibility. On July 23, 2025, Petitioners, four foreign nationals currently being held at the Adelanto Detention Center in Adelanto, California, filed a Petition for Writ of Habeas Corpus raising several challenges against this change in policy, including violations of 8 U.S.C. § 1226(a)(Unlawful Denial of Release of Bonds), the Fifth Amendment Right to Due Process, and the Administrative Procedure Act (APA). That same day, Petitioners filed an ex parte Application for a Temporary Restraining Order requesting that the Court enjoin the government from detaining Petitioners unless they are provided with individualized bond hearings before an immigration judge, or from relocating Petitioners pending final resolution of the litigation.

July 28, 2025: Judge Sunshine S. Sykes granted the TRO, holding that the Petitioners had raised serious questions about the legality of their prolonged detention and the permissibility of the government’s revised policy.

July 28, 2025: Petitioners amended their complaint to seek class-wide relief against the DHS on behalf of two similarly situated groups, including individuals at immigration detention centers across the country to whom the DHS’s new “no bond” policy applies and individuals with removal proceedings before the Adelanto Immigration Court.

Sept. 11, 2025: The court denied the issuance of a preliminary injunction as moot and ordered the parties to show cause why the case should not be dismissed.

Nov. 14, 2025: Judge Sykes held a hearing on the Plaintiffs’ motion for class certification, the motion for partial summary judgment, and the order to show cause.

Nov. 20, 2025: Judge Sykes granted Petitioners’ motion for partial summary judgment, holding that DHS’s July 8 “Interim Guidance Regarding Detention Authority for Applicants for Admission” unlawfully treats certain noncitizens as mandatory detainees under 8 U.S.C. § 1225(b)(2) rather than bond-eligible detainees under § 1226(a). The court declared the DHS policy inconsistent with the INA and Due Process, but denied Petitioners’ request to enter final judgment, keeping the case live for further remedial and class-wide proceedings.

Nov. 25, 2025: Judge Sykes granted Petitioners’ motion for class certification, certifying a nationwide Bond Eligible Class—defined as noncitizens without lawful status who entered without inspection, were not apprehended at entry, and are not subject to detention under §§ 1226(c), 1225(b)(1), or 1231—as to their INA and Due Process challenges to the DHS policy, while denying certification of the narrower Adelanto-only class.

Dec. 18, 2025: The court entered final judgment for the certified class, declaring that class members are not subject to mandatory detention, entitled to bond consideration and custody redetermination hearings, and vacating DHS’s July 8, 2025 interim detention guidance as not in accordance with the law under the APA. The same day, the government appealed to the Ninth Circuit (Case No. 25-7958).

Pablo Sequen v. Albarran (N.D. Cal.)

5:25-cv-06487

Habeas petition

2025-08-01Government Action Blocked Pending AppealImmigration and CitizenshipImmigration Detention Policy2025-12-31

In early 2025, the government rescinded Department of Homeland Security (DHS) and the Department of Justice (DOJ) policies restricting civil immigration arrests in and around immigration courts. In June 2025, Immigration and Customs Enforcement (ICE) announced a change to its nationwide policy concerning temporary holds, expanding the 12-hour limit to 72 hours. A coalition of immigrants’ rights organizations have filed a federal class-action lawsuit against several government agencies (DHS, ICE, DOJ) and the Executive Office for Immigration and Review. Plaintiffs previously filed a petition for habeas relief and now amend their complaint to seek class certification and relief. The amended complaint challenges the administration’s alleged policy of courthouse arrests in Northern California and the allegedly prolonged detention of immigrants in unsafe and unlawful conditions at ICE’s San Francisco Field Office. Plaintiffs argue that federal officials are violating the law by arresting immigrants when they appear for court. Plaintiffs further allege that members of the class are unconstitutionally held for days in a temporary detention center without beds, basic hygiene supplies, medical care, or access to legal counsel. Among other relief, the plaintiffs seek certification of two classes of plaintiffs—a courthouse arrest class and a detention class—an injunction prohibiting these kinds of arrests and conditions of confinement, and the grant of habeas relief to class representatives and members who have been so confined.

Aug. 1, 2025: The court granted plaintiff’s motion for a TRO and ordered plaintiff released and prohibited defendants from re-arresting or re-detaining plaintiff without first providing plaintiff with a pre-detention bond hearing.

Sept. 16, 2025: The court granted plaintiff’s request for a preliminary injunction and prohibited the government during the pendency of the case from re-detaining plaintiff without first providing plaintiff with a pre-detention bond hearing and showing by clear and convincing evidence that she is a danger to the community or a flight risk.

Sept. 18, 2025: Plaintiff amended her complaint to add additional plaintiffs and seek class-wide relief on behalf of people who will be subject to arrest outside immigration courthouses and on behalf of people subject to inhumane and punitive conditions at ICE’s 630 Sansome facility and subject to ICE’s policy extending temporary holds to up to 72 hours. That same day, plaintiffs filed a motion for class certification.

Sept. 19, 2025: The court granted in part additional plaintiffs’ motion for a TRO and ordered a plaintiff released and prohibited defendants from re-arresting or re-detaining that plaintiff without first providing her with a pre-detention bond hearing.

Oct. 15, 2025: The court granted additional plaintiffs’ request for a preliminary injunction and prohibited the government during the pendency of the case from detaining or re-detaining the moving plaintiffs without first providing them with a pre-detention bond hearing and showing by clear and convincing evidence that they are a danger to the community or flight risks.

Nov. 24, 2025: The court granted the government’s motion to sever and denied the government’s request to reassign the severed claims. The class claims remain in the existing case, while the three individual habeas claims proceed in separate cases before the same judge.

Nov. 25, 2025: The court provisionally certified both proposed classes and granted a preliminary injunction, but denied plaintiffs’ request to stay ICE’s waiver of its 12-hour detention policy.

Dec. 24, 2025: The court granted Plaintiff’s requested stay of ICE and EOIR’s 2025 courthouse arrest policies but limited its scope to ICE’s San Francisco area of responsibility.

Dec. 29, 2025: The court denied the government’s motion to dismiss as to several plaintiffs but granted it as to Mr. Hernandez Torres.

Dec. 31, 2025: The court denied the government’s motion for a stay pending appeal.

Immigration Center for Women and Children et al v. Noem et al (C.D. Cal.)

2:25-cv-09848

Complaint

2025-10-14Awaiting Court RulingImmigration and CitizenshipImmigration Detention Policy2025-10-14

Coming soon.

Gonzalez v. Noem (N.D. Ill.)

1:25-cv-13323

Complaint

2025-10-30Government Action Temporarily BlockedImmigration and CitizenshipImmigration Detention Policy2025-11-05

On October 30, a group of immigration detainees filed a class action complaint against high-ranking officials of the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and relevant agencies, in their official capacities. The plaintiffs allege that during Operation Midway Blitz, federal authorities have dramatically increased mass immigration arrests in the Chicago area, funneling detainees into the Broadview ICE facility, originally designed for short-term holding but now being used for multi-day or weeks-long detentions under severely overcrowded, unsanitary, and unsafe conditions. Detainees are allegedly forced to sleep on cold floors, denied adequate food, water, hygiene products, medical care, and privacy; exposed to abusive conduct from officers; and systematically barred from access to legal counsel, with attorneys unable to visit or confidentially communicate with clients. Additionally, detainees are allegedly coerced into signing legal waivers and removal documents in English, without translation or explanation, under duress, often resulting in removal without judicial review. The complaint asserts causes of action for violation of constitutional rights under the Fifth Amendment (due process), First Amendment (access to counsel), and violations of agency regulations and the Administrative Procedure Act relating to coerced signatures and denial of rights. Plaintiffs seek class-wide declaratory and injunctive relief calling for humane conditions, meaningful access to counsel, cessation of coercive practices, translation of legal documents, and recovery of attorneys’ fees and costs.

Update 1: On November 5, Judge Gettlemen issued a temporary restraining order requiring DHS and ICE to implement fifteen immediate remedial measures to address “serious conditions demonstrated to exist” at an ICE facility in Broadview, Illinois.

Coalition for Spiritual and Public Leadership v. Noem (N.D. Ill.)

1:25-cv-14168

Complaint

2025-11-19Awaiting Court RulingImmigration and CitizenshipImmigration Detention Policy2025-11-19

[Coming soon - On Nov. 19, a group of religious leaders and the advocacy group Coalition for Spiritual and Public Leadership filed a complaint alleging that DHS, ICE, DOJ, and senior administration officials are violating the First Amendment and other statutes pertaining to religious freedom by denying clergy members access to the Broadview ICE facility.]

Maria L. v. Noem (D. Mass.)

1:25-cv-13471

Complaint

2025-11-19Awaiting Court RulingImmigration and CitizenshipImmigration Detention Policy2025-11-19

[Coming soon - On Nov. 20, two plaintiffs and and the Immigrant Legal Resource Center filed a complaint challenging the administration’s mass-imposition of civil penalties under the INA for noncitizens who wilfully fail to depart the country.]

Carolina Migrant Network v. Immigration Customs Enforcement (W.D.N.C.)

3:26-cv-00028

Complaint

2026-01-14Awaiting Court RulingImmigration and CitizenshipImmigration Detention Policy2026-01-14

Coming soon.

On Jan. 14, 2026, two immigrant rights non-profits filed a complaint against ICE alleging FOIA violations arising from ICE’s failure to publish its current Alternatives to Detention (ATD) program guidance or instructions, including an alleged June 9, 2025 memorandum, in the Federal Register.

United States Conference of Catholic Bishops v. Department of State et al. (D.D.C.)

1:25-cv-00465

Complaint

2025-02-18Temporary Block of Government Action DeniedImmigration and CitizenshipSuspension of the U.S. Refugee Admissions Program (Executive Order No. 14163) and Refugees Funding Suspension (Dept. of State Notice)2025-05-12

On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Plaintiff, the United States Conference of Catholic Bishops (USCCB), is part of a public-private partnership with the federal government through the U.S. Refugee Admissions Program, and was providing transitionary resettlement services to more than 6,700 refugees when the State Department suspended funding. USCCB brought suit, arguing the government policy suspending funds for the Refugee Admissions Program is unlawful under the Administrative Procedure Act because it (1) violates the Immigration and Naturalization Act, the Refugee Act of 1980, and the Impoundment Control Act; (2) is an arbitrary and capricious abuse of discretion; and (3) is a substantive role promulgated without required notice-and-comment rulemaking. They seek a declaratory judgment that the suspension is unlawful, and temporary, preliminary, and permanent injunctions prohibiting the government from implementing the suspension and requiring the government to make reimbursements pursuant to the terms of its cooperative agreements.

Update 1: On Feb 20, 2025, Judge Trevor N. McFadden denied the request for a temporary restraining order, but ordered an expedited briefing schedule for the preliminary injunction motion.

Update 2: On Feb. 24, Plaintiffs filed a supplemental memorandum in support of the motion for a preliminary injunction.

Update 3: On Mar. 3, Plaintiffs filed an amended complaint, an amended motion for a preliminary injunction, and a memorandum in support of that motion; and Judge McFadden ruled that the prior motions for a preliminary injunction are moot in light of the new motion. The amended complaint and the amended motion for a preliminary injunction are in response to new developments in the case, e.g., on Feb. 27, the State Department terminated the cooperative agreements with USCCB for refugee resettlement. This termination changed the nature of the dispute from a suspension of funding to a complete cancellation of the contracts.

Update 4: On Mar. 5, the government filed in opposition to the motion for a preliminary injunction and the following day, on Mar. 6, Plaintiffs filed a reply.

Update 5: On Mar. 11, Judge McFadden denied Plaintiffs’ motion for an emergency preliminary injunction.

Update 6: On Mar. 12, Plaintiffs submitted a notice of appeal to the D.C. Circuit.

Update 7: On Apr. 21, the Defendants filed a motion to dismiss and supporting memorandum, claiming that the government has not waived sovereign immunity, and the Plaintiff’s claims are moot, lack jurisdiction, and fail to state a claim.

Update 8: On April 24, Plaintiffs filed a motion for the voluntary dismissal of their appeal of the district court’s order denying a preliminary injunction. This motion was granted by the D.C. Circuit on May 2.

Update 9: On May 12, Plaintiffs filed their opposition to Defendants’ motion to dismiss, stressing that the court’s denial of the preliminary injunction does not preclude Plaintiffs from seeking other forms of equitable relief.

Neguse v. U.S. Immigration and Customs Enforcement (D.D.C.)

1:25-cv-02463

Complaint

2025-07-30Government Action Temporarily BlockedImmigration and CitizenshipImmigration Detention Facilities2025-12-17

On July 30, twelve members of the U.S. House of Representatives filed a complaint challenging the administration’s Oversight Visit Policy, which requires at least seven days’ advance notice before members of Congress may conduct oversight visits to DHS immigration detention facilities. The Representatives, each of whom have allegedly been denied crucial information needed to conduct oversight and denied entry to DHS facilities, allege the Oversight Policy violates the APA, Section 527, the Mandamus Act and All Writs Act, and the Declaratory Judgment Act. They seek declaratory and injunctive relief to declare the Oversight Visit Policy unlawful and enjoin Defendants from denying individual members of Congress entry to conduct oversight visits.

2025-12-17: Judge Cobb granted Plaintiffs’ motion for a stay of agency action, issuing an opinion temporarily blocking the administration’s Oversight Visit Policy, which requires at least seven days’ advance notice before members of Congress may conduct oversight visits to DHS immigration detention facilities.

Lujan v. FMCSA (D.C. Cir.)

25-1215

Complaint

2025-10-20Government Action Blocked Pending AppealImmigration and CitizenshipRegulating Commercial Driver’s Licenses (Interim Final Rule: Restoring Integrity to the Issuance of Non-Domiciled CDLs)2025-11-10

On Oct. 20, 2025, two truck drivers and two unions filed a petition for the D.C. Circuit to review a <a href="https://www.federalregister.gov/documents/2025/09/29/2025-18869/restoring-integrity-to-the-issuance-of-non-domiciled-commercial-drivers-licenses-cdl">rule issued by the Department of Transportation and the Federal Motor Carrier Safety Administration that amends regulations for State Driver’s Licensing Agencies by significantly limiting their authority to issue and renew commercial learner’s permits and commercial driver’s licenses to non-U.S. citizens or permanent residents.

Update 1: On Nov. 10, the Court of Appeals granted plaintiffs an administrative stay of the administration’s interim final rule while the litigation proceeds.

Al Otro Lado, Inc. v. Noem (S.D. Cal.)

3:17-cv-02366

Complaint

2017-11-22Awaiting Court RulingImmigration and CitizenshipImmigration Metering Policy at U.S. Ports of Entry2025-11-17

[Coming soon - On Nov. 17, the Supreme Court granted cert to review a 2024 Ninth Circuit decision pausing an immigration policy adopted by the first Trump administration called “metering,” where border officials turned away anyone arriving at a port of entry without valid travel documents, including asylum seekers, once border officials deemed the port at capacity.]

Guevara v. Sterling (S.D. Ga.)

5:25-cv-00086

Habeas petition

2025-08-20Case Closed/Dismissed in Favor of GovernmentImmigration and CitizenshipOther Habeas and Removal Actions2025-08-20

On June 14, 2025, Mario Guevara was arrested while reporting on a protest against the Trump Administration and was transferred to U.S. Immigration and Customs Enforcement custody on June 18. Guevara was granted bond by the Immigration Judge on July 3 and all criminal charges against him were dismissed by July 10, but the bond was stayed by the Board of Immigration Appeals. On August 20, Guevara filed a habeas petition, arguing that his continued detention is a violation of his First Amendment rights as it constitutes a prior constraint and retaliation. Guevara further argued that his continued detention is a violation of the Due Process Clause of the Fifth Amendment because it is unrelated to any legitimate government purpose.

Doe v. United States Department of Homeland Security (C.D. Cal.)

8:26-cv-00060

2026-01-08Awaiting Court RulingImmigration and CitizenshipEnding Automatic Work Permit Extensions2026-01-08

Coming soon.

On Jan. 8, 2026, spouses of H-1B visa holders sued the administration over an interim final rule that eliminated automatic extensions of work permits for immigrants with pending renewal applications.

Smith v. Trump (D. Me.)

1:25-cv-00158

Complaint


First Amended Complaint 2025-07-22

2025-04-11Government Action Temporarily BlockedInternational InstitutionsActions toward International Criminal Court (Executive Order 14203 Imposing Sanctions on the International Criminal Court)2025-10-07

On February 6, 2025 President Trump issued EO 14203, “Imposing Sanctions on the International Criminal Court”, which imposed economic and travel sanctions against the International Criminal Court’s (ICC’s) Prosecutor and head of the Office of the Prosecutor (OTP) Karim Khan, under the authority of the International Emergency Economic Powers Act (IEEPA). The EO prohibits all US citizens, permanent residents and companies from providing him with services and material support, on pain of significant civil and criminal penalties. Plaintiffs are two U.S. citizens who have advised and supported the ICC and the OTP in their capacity as human rights advocates. They allege that their work with the OTP to carry out its investigative and prosecutorial mandate is speech protected by the First Amendment, and that the speech restrictions imposed by the EO violate their First Amendment rights because they have been forced to stop working with the OTP due to the threat of criminal prosecution and civil fines. They also argue that the EO is an ultra vires action in violation of the IEEPA because Congress specifically denied the President under the IEEPA the authority to regulate or prohibit the importation or exportation of any “information or informational materials.”50 U.S.C. §1702 (b)(3). Plaintiffs have asked for a declaratory judgement that the EO violates the First Amendment, and does not comply with the requirements of the IEEPA, and for an injunction to prevent the government from implementing or enforcing the speech restrictions in the EO.

Update 1: On Apr. 25, Plaintiffs filed a motion for a preliminary injunction requesting that the court prohibit Defendants from imposing civil or criminal penalties on them under the EO and the IEEPA based on their provision of speech-based services to the OTP.

Update 2: On July 18, Judge Nancy Torresen granted Plaintiffs’ preliminary injunction motion, thereby enjoining Defendants from imposing civil or criminal penalties under the EO and the IEEPA.

Update 3: On July 22, Plaintiffs filed an amended complaint, which noted that the Treasury Department’s Office of Foreign Assets Control (OFAC) had set forth regulations promulgating the EO. The amended complaint added a claim under the Administrative Procedure Act (APA) alleging the regulations are not in accordance with law and requesting that the court declare the regulations to be unlawful.

Update 4: On Sept. 12, the case was reassigned from Judge Torresen to Judge John A. Woodcock, Jr.

Update 5: On October 7, Magistrate Judge Karen Frink Wolf granted defendants’ unopposed motion to stay due to the lapse in appropriations. The stay was lifted on Nov. 20.

Rona v. Trump (S.D.N.Y.)

1:25-cv-03114

Complaint

2025-04-15Government Action BlockedInternational InstitutionsActions toward International Criminal Court (Executive Order 14203 Imposing Sanctions on the International Criminal Court)2025-08-18

Case Summary: On February 6, 2025, President Trump issued Executive Order (EO) 14203, “Imposing Sanctions on the International Criminal Court,” which imposed economic and travel sanctions against the International Criminal Court’s (ICC) Prosecutor and head of the Office of the Prosecutor (OTP) Karim Khan, under the authority of the International Emergency Economic Powers Act (IEEPA). The EO prohibits all US citizens, permanent residents, and companies from providing him with services and material support, on pain of significant civil and criminal penalties. Plaintiffs are two U.S. citizens who are law professors who have advised and interacted with ICC and the OTP. Plaintiff Davis was appointed as a Special Advisor to Khan in December 2024, and Plaintiff Rona filed a complaint against the Trump Administration during Trump’s first term following the release of EO 13928, which was materially identical to EO 14203 but was ultimately rescinded. Plaintiffs now allege that their work with the OTP is speech protected by the First Amendment, and that the speech restrictions imposed by EO 14203 violate their First Amendment rights because they have been forced to stop working with the OTP due to the threat of criminal prosecution and civil fines. They assert that this EO is in violation of their Fifth Amendment right to Due Process because it provides no notice to Plaintiffs as to what acts are prohibited and permits the arbitrary enforcement of the EO. Plaintiffs also argue that the EO is an ultra vires action in violation of the IEEPA because Congress specifically denied the President the authority to regulate or prohibit the importation or exportation of “any information or informational materials” under the IEEPA. 50 U.S.C. § 1702(b)(3). Plaintiffs have asked for a declaratory judgment that the EO violates the First and Fifth Amendments, and does not comply with the requirements of the IEEPA, and for an injunction to prevent the government from implementing or enforcing the EO’s speech restrictions. Immediately after submitting their initial complaint, Plaintiffs filed a motion for a preliminary injunction.

May 13, 2025: Defendants filed their opposition to Plaintiffs’ preliminary injunction motion.

July 30, 2025: Judge Furman permanently blocked the administration from enforcing Executive Order 14,203, which imposes sanctions on International Criminal Court officials, against two U.S. law professors who had advised or supported the ICC’s Office of the Prosecutor. The court held that the order violates the plaintiffs’ First Amendment rights because “it constitutes a content-based regulation of their speech-based activities and cannot survive strict scrutiny.”

Aug. 18, 2025: Judge Furman entered plaintiffs’ proposed judgment.

Iverson v. New York (D.D.C.)

1:25-cv-01353

Complaint

2025-05-05Case ClosedInternational InstitutionsActions toward International Criminal Court (Executive Order 14203 Imposing Sanctions on the International Criminal Court)2025-05-13

On February 6, 2025, President Trump issued EO 14203, “Imposing Sanctions on the International Criminal Court,” which stated that “any effort by the ICC to investigate, arrest, detain, or prosecute protected persons” constitutes a threat to the national security of the United States. The EO authorized blocking sanctions to counter any ICC actions against protected persons, defined as a national of the US, Israel or any other “ally of the United States”, which is in turn defined as a “major non-NATO ally” (MNNA). In addition, the EO designated Karim Khan, the Prosecutor and head of the Office of the Prosecutor (OTP) of the ICC, a Specially Designated National (SDN) and thus subject to sanctions under the International Emergency Economic Powers Act (IEEPA). The EO prohibits all US citizens, permanent residents, and companies from providing a SDN with services and material support, directly or indirectly, on pain of significant civil and criminal penalties.

Plaintiff is a U.S. citizen and attorney who has been a prosecutor in the ICC since 2010. He is presently the lead prosecutor in cases supported by the United States against individuals accused of committing war crimes, genocide, and crimes against humanity in the Darfur region of Sudan. Plaintiff alleges that although he does not work on any investigation involving protected persons or a MNNA, the EO and the designation of the ICC as an SDN directly impairs, if not totally prohibits, him from engaging in the practice of law and exercising his professional duties as a prosecutor in the OTP. He asserts that there is a non-speculative risk that activities necessary for him to conduct investigations and build cases for the OCD will be deemed the provision of prohibited services to an SDN and the receiving of material benefits from an SDN. Plaintiff alleges that his work with the OTP is speech protected by the First Amendment, and that the speech restrictions imposed by the EO violate his First Amendment rights because he is unable to do his work with the OTP due to the threat of criminal prosecution and civil fines. Plaintiff also argues that the EO violates provisions of the IEEPA because Congress specifically denied the President the authority to regulate or prohibit the importation or exportation of “any information or informational materials” under the IEEPA, 50 U.S.C. § 1702(b). He further contends that the IEEPA explicitly requires that sanctions only be invoked in connection with a “new threat” to the U.S., 50 U.S.C. § 1701(b), which Plaintiff alleges is not the case. He asserts that the EO is overbroad and in conflict with legislation by Congress authorizing the provision of direct support to the ICC in connection with its activities, including on cases involving Darfur. The Plaintiff has asked for a declaratory judgment that the EO violates the First Amendment and does not comply with the requirements of the IEEPA, and for a judgement enjoining the Defendants from commencing or authorizing any prosecution or civil enforcement against him in relation to his work on Darfur.

May 5, 2025: Immediately following the filing of his complaint on May 5, the Plaintiff filed a motion for a temporary restraining order (TRO) as well as a motion for a preliminary injunction and supporting memorandum. Plaintiff requested that the court issue an order prohibiting Defendants from imposing civil or criminal penalties on him under the EO.

May 13, 2025: The Plaintiff voluntarily dismissed the case because he had received a “specific license” that mooted the relief requested. Judge Christopher Cooper ordered the dismissal that same day.

Valuta Corporation, Inc. v. Financial Crimes Enforcement Network (W.D. Tex.)

3:25-cv-00191

Complaint

2025-05-30Government Action Temporarily BlockedMiscellaneousBorder Enforcement2025-10-20

In March 2025, Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) with the stated purpose of combatting illicit activity at the US-Mexico border. The order articulated that Money Services Businesses (MSBs) operating within 30 designated zip codes near the border are required to file Currency Transaction Reports for cash transactions exceeding $200. On May 30, Plaintiffs Valuta Corporation, Inc., and Payan’s Fuel Center, Inc. filed suit against Defendants, claiming that this order violates the Fourth Amendment, the Administrative Procedure Act (APA).

May 30, 2025: Plaintiffs filed a motion for a temporary restraining order.

June 9, 2025: Defendants filed an opposition to Plaintiff’s motion for a temporary restraining order.

June 10, 2025: Plaintiffs filed a reply to Defendants’ opposition to their motion for a temporary restraining order.

June 24, 2025: Judge Leon Schydlower granted Plaintiffs’ motion for a temporary restraining order, barring the administration’s enforcement of the Geographic Targeting Order and noting that the order likely violates the APA and that the government failed to address key problems, such as the ease of circumventing the order by crossing the street and the disproportionate burden on small businesses.

July 2, 2025: Judge Schydlower extended the temporary restraining order through July 22, 2025.

July 22, 2025: Judge Schydlower granted Plaintiffs’ motion for a preliminary injunction, temporarily enjoining Defendants from “enforcing, implementing, and otherwise giving effect to the Border GTO as to the named Plaintiffs.”

Sept. 12, 2025: Plaintiffs informed the court that Defendants had reissued the Border GTO with several modifications, including extending it to March 6, 2026, adding two new counties, and increasing the reporting threshold from $200 to $1,000. Plaintiffs asked the court to grant them summary judgment “without any need for further briefing” on their original claims.

Sept. 19, 2025: The government filed a notice of appeal from Judge Schydlower’s July 22 preliminary injunction, initiating an appeal in the Fifth Circuit as No. 25-50776.

Sept. 22, 2025: In light of the reissued Border GTO, Judge Schydlower ordered the parties to brief by Sept. 29 “the pending complaint’s viability, the TRO, and the preliminary injunction, and whether the parties’ arguments supporting and opposing the TRO, the preliminary injunction, and the pending summary judgment motion are, in whole or in part, moot.” Both parties filed on time.

Oct. 1, 2025: Plaintiffs filed a cross-appeal challenging the scope of Judge Schydlower’s July 22 preliminary injunction, which was docketed in the Fifth Circuit together with the government’s appeal as No. 25-50776.

Oct. 6, 2025: Judge Schydlower issued an opinion and order to his July 22 grant of a preliminary injunction. The court adopted Judge Biery’s reasoning from Texas Association of Money Services Businesses v. Bondi, currently on appeal in the Fifth Circuit as No. 25-50481.

Oct. 20, 2025: The Fifth Circuit granted Plaintiffs’ unopposed motion to stay further appellate proceedings on the parties’ cross-appeals pending issuance of the mandate in Texas Association of Money Services Businesses v. Bondi, No. 25-50481

Protect Democracy Project v. OMB (D.D.C.)

1:25-cv-01111

Complaint

2025-04-14Government Action Blocked Pending AppealRemoval of Information from Government WebsitesRemoval of apportionment information from OMB website2025-08-09

Case Summary: On or around Mar. 24, 2025, the Office of Management and Budget (OMB) took down a publicly accessible website and database that it had previously maintained making available documents related to OMB decisions regarding apportionment of congressionally appropriated funds. On Apr. 15, Protect Democracy Project, a nonpartisan nonprofit organization, sued OMB and its director, Russell Voight, alleging that OMB is statutorily required to maintain this database and website. The Plaintiff claims that taking down the website has made it impossible for them to monitor the appropriation of funds and, in particular, has forced them to shut down OpenOMB, a site they operate, which pulls primary source data from OMB’s site and creates a user-friendly interface used regularly by Congress, litigants and a wide variety of other users seeking to monitor appropriations. Protect Democracy argues that OMB’s decision to take down this website and database is a violation of the Administrative Procedure Act (APA) because it violates (1) the 2022 and 2023 Consolidated Appropriations Acts, which together established the directive to create and maintain this database and website; and (2) the Paperwork Reduction Act, which requires that agencies provide adequate notice when initiating, substantially modifying, or terminating significant information dissemination products. Project Democracy also argues that the decision was arbitrary and capricious under the APA. Protect Democracy has asked the court to declare that OMB’s decision unlawful, and to grant a preliminary and permanent injunction requiring OMB to restore the website and make all relevant information available.

Update 1: On Apr. 22, Protect Democracy filed an expedited motion for summary judgment, requesting a preliminary injunction or writ of mandamus in the alternative. On Apr. 27, Protect Democracy withdrew its Apr. 22 motion and filed a motion for a preliminary injunction or summary judgment in the alternative. In its memorandum in support of the updated motion, Protect Democracy requests that the Defendants be enjoined from refusing to publicly post apportionments of OMB.

Update 2: On May 2, Defendants filed their opposition to Protect Democracy’s motion for a preliminary injunction. Protect Democracy replied in further support of its motion on May 5. Defendants filed a sur-reply to Protect Democracy’s preliminary injunction motion on May 5 as well.

Update 3: On July 21, Judge Emmet Sullivan granted a summary judgment in part for the plaintiffs on the Administrative Procedure Act claim, holding that the administration’s deletion of the Public Apportionments Database violated public disclosure requirements. The court further ordered that the Defendants must restore the Public Apportionments Database, make available the apportionment information required by the 2022 and 2023 Acts, and are permanently enjoined from removing the database without statutory authorization. The court noted “there is nothing unconstitutional about Congress requiring the Executive Branch to inform the public of how it is apportioning the public’s money.”

Update 4: On July 21, Defendants appealed the court’s grant of summary judgement to the D.C. Circuit.

Update 5: On July 23, Judge Sullivan denied Defendants’ motion to stay pending appeal, however the D.C. Circuit stayed Judge Sullivan’s orders from July 21 pending their review of the appeal on that same day.

Update 6: On July 28, Judge Sullivan entered final judgment in favor of Plaintiffs.

Update 7: On Aug. 9, the D.C. Circuit dissolved its July 23 administrative stay and denied the Government’s request for a stay pending appeal. The order applied to the consolidated appeal, Citizens for Responsibility and Ethics in Washington v. OMB, No. 25-5266.

Sierra Club v. EPA (D.D.C.)

1:25-cv-01112

Complaint

2025-04-14Temporary Block of Government Action DeniedRemoval of Information from Government WebsitesRemoval of climate change and environmental information2025-07-09

On or around Jan. 20, 2025, the Environmental Protection Agency (EPA), Center for Environmental Quality (CEQ), Department of Energy (DOE), Department of Transportation (DOT), and Federal Emergency Management Agency (FEMA) took down publicly accessible webpages and map tools they had previously maintained which served as key sources for information about environmental justice and climate change. On Apr. 14, several nonprofit organizations relying on the information these webpages provided sued these Defendant Agencies because, without the data, they must expend additional resources to serve their communities by disseminating information about the environment, pollution, and climate change. Plaintiffs argue that the Defendant Agencies’ decisions to take down these webpages and databases violates of the Administrative Procedure Act (APA) because it violates the Paperwork Reduction Act, which requires that agencies provide adequate notice when initiating, substantially modifying, or terminating significant information dissemination products. Plaintiffs also argue that the decisions were arbitrary and capricious under the APA. Plaintiffs asked the court to declare that the Defendant Agencies’ decisions to remove the webpages is unlawful, and to grant a preliminary and permanent injunction requiring these agencies to restore the webpages and make all relevant information available.

July 1, 2025: Plaintiffs voluntarily dismissed their claims against DOE.

July 9, 2025: The Court denied the plaintiffs’ motion for a preliminary injunction.

Doctors for America v. Office of Personnel Management et al (D.D.C.)

1:25-cv-00322

Complaint

2025-02-04Government Action BlockedRemoval of Information from Government WebsitesRemoval of information from HHS websites under Executive Order on “Gender Ideology Extremism“ (Executive Order 14168; Policy Memo)2025-10-01

On Jan. 29, the Office of Personnel Management (OPM) issued a memorandum (OPM Memo) directing agencies to implement Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Two days later, on Jan. 31, the Department of Health and Human Services (HHS) issued “Initial Guidance” (HHS Guidance) instructing HHS components, including the Centers for Disease Control and Prevention (CDC) and Food and Drug Administration (FDA), to review and revise their public-facing materials in light of EO 14168. In response, those agencies removed health-related data and other information from publicly accessible websites. In a suit filed Feb. 4, Plaintiffs, suing on behalf of doctors and scientists who rely on those datasets, allege that both the OPM Memo and the HHS Guidance are unlawful final agency actions and that the resulting removals are arbitrary and capricious under the Administrative Procedure Act (APA), The complaint also challenges the individual webpage removals and substantial modifications as violating the Paperwork Reduction Act (PRA) and Evidence-Based Policymaking Act and, thereby, being arbitrary, capricious, and not in accordance with law under the APA. They seek declaratory judgments that the OPM memorandum is unlawful and that the relevant agencies have violated the law; injunctions on further removal of information from agency websites; notice of any further modifications to webpages; and restoration of previously publicly-available datasets.

Update 1: On Feb. 11, 2025, Judge John D. Bates issued a temporary restraining order and memorandum opinion. The TRO includes a requirement that Defendants restore webpages and datasets identified by the Plaintiffs.

Update 2: On Mar. 24, the government filed a motion opposing Plaintiffs’ motions for preliminary injunction and summary judgment. The motion also cross-moves for summary judgment on the basis that plaintiffs lack standing and do not have a claim under the APA.

Update 3: On Apr. 3, Plaintiffs filed a reply in further support of their motions for a preliminary injunction and summary judgment in which they also opposed the government’s cross-motion for summary judgment. Plaintiffs assert that they do have standing to bring their claims and that the court should grant the preliminary injunction if it does not grant summary judgment in Plaintiffs’ favor.

Update 4: On Apr. 16, Defendants filed a reply in support for their cross motion for summary judgment. Defendants argue the court lacks subject matter jurisdiction and that Plaintiffs have failed to establish a final agency action subject to review under the APA.

Update 5: On Jul. 3, Judge Bates issued an order and opinion granting in part and denying in part the parties’ cross-motions for summary judgment. The court vacated in part the OPM Memo and HHS Guidance implementing EO 14168, which recognized only two sexes (“male and female”) and directed agencies to remove content that the EO labels as “gender ideology.” The court found that the OPM Memo exceeded OPM’s statutory authority and that both the OPM Memo and HHS Guidance were arbitrary and capricious in violation of the APA. The court vacated and remanded both the OPM Memo and HHS Guidance and ordered defendants to restore or revert plaintiffs’ identified health-information webpages and datasets to their pre-Jan. 29 versions, and further noted that the case involved “government officials acting first and thinking later.”.

Update 6: On Jul. 18 and Jul. 25, Defendants provided status reports to the court tracking their compliance with the final judgment issued on Jul. 3. In both the Jul. 18 and Jul. 25 reports, Defendants noted that the pace at which they could restore the webpages is limited by staffing and resource constraints.

Update 7: Defendants provided further status reports to the court regarding its compliance with the court’s Jul. 3 summary judgment on Aug. 1, Aug. 8, Aug. 15, Aug. 22, Aug. 29, Sept. 5, Sept. 12, Sept. 19, Sept. 26, and Nov. 21.

Update 8: On Oct. 1, the court granted the parties’ joint motion for attorneys’ fees and costs under 28 U.S.C. § 2412 and ordered Defendants to pay Doctors for America $55,000 within 30 days to fully satisfy any claim by Plaintiffs for fees, costs, and litigation expenses in this matter.

Schiff v. U.S. Office of Personnel Management (D. Mass.)

1:25-cv-10595

Complaint

2025-03-12Government Action Temporarily Blocked in Part; Temporary Block Denied in PartRemoval of Information from Government WebsitesRemoval of information from HHS websites under Executive Order on “Gender Ideology Extremism“ (Executive Order 14168; Policy Memo)2025-09-03

On Jan. 31, 2025, agencies within the Department of Health and Human Services, including the Centers for Disease Control and Prevention (CDC) and Food and Drug Administration (FDA) removed health-related data and other information from publicly-accessible websites in response to an Office of Personnel Management memorandum (dated Jan. 29) enforcing Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” On Mar. 12, 2025, plaintiffs Dr. Gordon Schiff and Dr. Celeste Royce, both Harvard Medical School faculty members, filed this lawsuit to challenge actions by the U.S. Office of Personnel Management (OPM) and the Department of Health and Human Services. The lawsuit alleges that OPM’s directive to remove content promoting "gender ideology" from government-run forums violated their First Amendment rights and the Administrative Procedure Act on the ground that “OPM has no authority, by statute or otherwise, to require agencies” to remove such content. The plaintiffs seek to reinstate removed materials and prevent further implementation of the OPM directive.

Update 1: On Apr. 1, Plaintiffs filed a motion for a preliminary injunction and supporting memorandum of law. Plaintiffs seek to enjoin Defendants’ ongoing restrictions on Plaintiffs’ speech because they are (1) viewpoint-based and unreasonable in violation of the First Amendment; and (2) arbitrary and capricious, in excess of OPM’s statutory authority, and contravene a constitutional right in violation of the Administrative Procedure Act.

Update 2: On Apr. 14, OPM filed its opposition to Plaintiffs’ motion for a preliminary injunction. OPM argues that Plaintiffs lack standing to receive their requested relief, Plaintiffs’ requests will become moot, and Plaintiffs failed to show they are likely to suffer irreparable harm.

Update 3: On Apr. 22, Plaintiffs filed a reply in response to OPM’s opposition of Plaintiffs’ motion for a preliminary injunction. Plaintiffs argue they have standing to bring their claims and that these claims are likely to succeed on the merits.

Update 4: On May 23, Judge Leo Sorokin issued an order on Plaintiffs’ preliminary injunction motion in which he ordered Defendants to restore specific articles and studies authored by Plaintiffs Schiff and Royce as well as studies by private authors to the public forums, noting the removal of this content was likely in violation of the First Amendment. In his supporting memorandum, Judge Sorokin noted that he declined to extend the preliminary injunction order to all content removed pursuant to the Executive Order and declined to enjoin the Defendants from further implementing the OPM Memo in any way.

Update 5: On June 16, Defendants filed a motion to dismiss, arguing that Plaintiffs’ claims are moot in light of Defendants’ compliance with the preliminary injunction order issued on May 23.

Update 6: On Sept. 3, Judge Sorokin issued an order denying Defendants’ June 16 motion to dismiss, noting that dismissal would be inappropriate given that compliance with preliminary injunctions, which by nature expire, do not guarantee permanent relief that extends beyond the pendency of a lawsuit and does not provide an “escape hatch” for the remainder of the litigation process, nor does it establish mootness or deprive a court of subject matter jurisdiction.

State of New York v. McMahon (D. Mass.)

1:25-cv-10601

Complaint

First Amended Complaint

2025-11-25

Second Amended Complaint

2026-01-09


2025-03-13State A.G. PlaintiffsGovernment Action Not Blocked Pending AppealStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2026-01-09

On March 13, 2025, the Attorneys General of twenty states and the District of Columbia sued the Department of Education (ED) and the Trump administration to halt a planned Reduction in Force (RIF), which would reduce ED’s staff of 4,133 by approximately 1,378. The RIF is itself only an announced “first step” in a “total shutdown” by Secretary of Education Linda McMahon, the complaint alleges. The suit points to statutory authority that mandates ED functions under the 1979 Department of Education Organizing Act and other Acts including the Elementary and Secondary Education Act (1965) and Individuals with Disabilities Education Act (1975), and other education, disability, and civil rights laws. It states the Secretary of ED is only authorized to reorganize by “allocat[ing] or reallocat[ing] functions among the officers of the Department” or modifying “organizational entities within the Department as may be necessary or appropriate,” 20 U.S.C. § 3473(a). Under counts alleging constitutional violations, ultra vires (acts outside of statutory authority), and violations of the Administrative Procedure Act, the states move the Court to vacate efforts to “dismantle” the ED, to declare them illegal, and to enjoin the RIF.

March 24, 2025: Plaintiffs submitted a motion for a preliminary injunction.

April 11, 2025: Defendants filed their opposition to Plaintiffs’ motion for a preliminary injunction. Defendants argue that the court should deny relief because the programs identified by Plaintiffs are within the discretion of the Secretary of the ED instead of being statutorily mandated and that Plaintiffs have failed to identify how the reduction in workforce is tied to the ED’s inability to perform its statutory duties.

April 18, 2025: Plaintiffs filed a reply in support of their motion for a preliminary injunction in which they claim Defendants’ opposition mischaracterized the mass termination of employees as minor changes.

May 22, 2025: Judge Myong Joun granted a joint motion for a preliminary injunction filed by the plaintiffs in this case and in Somerville Public Schools v. Trump, No. 1:25-cv-10677 (D. Mass.). That same day, the court consolidated the two cases and designated McMahon as the lead case. Defendants also filed a notice of appeal to the First Circuit following Judge Joun’s May 22 preliminary injunction order.

June 4, 2025: The First Circuit denied the government’s motion for a stay pending appeal.

July 14, 2025: The Supreme Court ruled 6-3 to grant a stay of a preliminary injunction that had blocked the administration’s 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’s order enables the executive branch to functionally “abolish” an entire department “by executive fiat.”

Aug. 11, 2025: Upon the request of Plaintiff-Appellees, the district court issued an indicative ruling stating that on remand from the First Circuit, it would vacate the preliminary injunction. On September 15, the First Circuit dismissed the appeal.

Sept. 17, 2025: The First Circuit issued an order on the Government’s filing an “Assented-To Motion for Reconsideration” seeking either on order of remand or a mandate for the judgment immediately. The First Circuit issued its final mandate on the same day.

Oct. 1, 2025: Judge Joun granted the assented-to motion to vacate the preliminary injunction and vacated the injunction.

Nov. 25, 2025: Plaintiffs filed an amended complaint.

Jan. 9, 2026: Plaintiff States filed an amended complaint adding new allegations regarding the administration’s attempt to dismantle the Department of Education, arguing that the Department’s transfer of its critical functions to other agencies violates the Constitution and the APA.

Somerville Public Schools v. Trump (D. Mass.)

1:25-cv-10677

Complaint

First Amended Complaint

2025-11-25

Second Amended Complaint

2026-01-09

2025-03-24Awaiting Court RulingStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2026-01-09

On March 11, 2025, Secretary of Education Linda McMahon initiated a reduction in force eliminating the positions of roughly 2,000 employees, or almost half of the Department of Education’s workforce (“Mass Termination Order”). On March 20, President Trump issued an Executive Order ordering McMahon to “take all necessary steps to facilitate the closure of the Department of Education.” Plaintiffs, including public school districts that rely on Department of Education funding and unions representing employees in those school districts, sued, alleging that Congress has exclusive authority to create or eliminate government agencies such that the government’s actions violate the Separation of Powers and are Ultra Vires. The Plaintiffs also allege that the government’s actions violate various prohibitions contained in the Administrative Procedure Act (including “arbitrary and capricious conduct;” excess of government authority; and action not in accordance with law). Plaintiffs seek declaratory judgment that Trump and McMahon’s actions are unlawful and preliminary and permanent injunctions against the reduction in force and further efforts to dismantle the Department of Education.

April 1, 2025: Plaintiffs filed a motion for a preliminary injunction. Plaintiffs’ motion requests that the court block Defendants from proceeding with the plans outlined in the Mar. 11 Mass Termination Order and order Defendants to reinstate the federal employees whose employment was terminated or otherwise eliminated by the Mass Termination Order.

April 11, 2025: Defendants filed a memorandum opposing Plaintiffs’ motion for a preliminary injunction, asserting that Plaintiffs’ claims lack justiciability and that Defendants’ actions are valid exercises of agency discretion.

April 18, 2025: Plaintiffs filed a memorandum supporting their motion for a preliminary injunction, reasserting that Defendants’ actions violate the APA and will irreparably harm Plaintiffs.

May 22, 2025: Judge Myong Joun granted a joint motion for a a preliminary injunction filed by the plaintiffs in this case and in State of New York v. McMahon, No. 1:25-cv-10601 (D. Mass.). Later that same day, the court formally consolidated the two actions and designated McMahon as the lead case.

May 22, 2025: Defendants appealed Judge Joun’s May 22 preliminary injunction.

June 4, 2025: The First Circuit denied the government’s motion for a stay pending appeal.

July 14, 2025: The Supreme Court ruled 6-3 to grant a stay of a preliminary injunction that had blocked the administration’s 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’s order enables the executive branch to functionally “abolish” an entire department “by executive fiat.”

Aug. 11, 2025: Upon the request of Plaintiff-Appellees, the district court issued an indicative ruling stating that on remand from the First Circuit, it would vacate the preliminary injunction. On Sept. 15, the First Circuit dismissed the appeal.

Sept. 17, 2025: The First Circuit issued an order on the Government’s filing an “Assented-To Motion for Reconsideration” seeking either on order of remand or a mandate for the judgment immediately. The First Circuit issued its final mandate on the same day.

Oct. 1, 2025: Judge Joun granted the assented-to motion to vacate the preliminary injunction and vacated the injunction.

Nov. 25, 2025: Plaintiffs filed an amended complaint.

Jan. 9, 2026: Plaintiffs filed an amended complaint adding new allegations regarding the administration’s attempt to dismantle the Department of Education, arguing that the Department’s transfer of its critical functions to other agencies violates the Constitution and the APA.

Carter v. Department of Education (D.D.C.)

1:25-cv-00744

Complaint

Amended Complaint

2025-04-01

2025-03-14Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2025-06-16

Shortly after President Donald Trump’s inauguration, the DOE allegedly froze all investigations with OCR, which is responsible for processing and investigating civil rights complaints by the public. On Mar. 6, 2025, Secretary of Education Linda McMahon ended this “pause” on OCR complaint processing, but has since allegedly closed seven of twelve regional OCR offices and laid off many of the employees at the remaining offices. Plaintiffs, two parents and the Council of Parent Attorneys and Advocates, Inc., filed suit, alleging that the Trump administration’s actions violate the Administrative Procedure Act (as arbitrary and capricious and not in accordance with congressional statutes including the Impoundment Act), exceed Defendants’ lawful authority, and violate the Equal Protection guarantee under the Due Process Clause of the Fifth Amendment. Plaintiffs seek a declaratory judgment that Defendants’ actions are unlawful and injunctive relief to restore OCR’s complaint processing capacities.

April 10, 2025: Plaintiffs filed an amended complaint, which did not include any new allegations or requests for relief but did include additional plaintiffs and facts.

May 21, 2025: The court denied Plaintiffs’ motion for a preliminary injunction.

June 16, 2025: The court stayed the case pending the status of appeals in State of New York v. McMahon, Civil Action No. 25-10601 (D. Mass.) and Somerville Public Schools v. Trump, Civil Action No. 25-10677 (D. Mass.).

American Federation of Teachers v. Department of Education (D.D.C.)

1:25-cv-00802

Complaint

Amended Complaint

2025-09-09

2025-03-18Government Action Temporarily Blocked in Part; Temporary Block Denied in PartStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2025-10-23

Pursuant to a Congressional mandate, the Department of Education (DOE) has for many years offered a variety of loan repayment options relating to student loans, including income-driven repayment plans (IDR) tying the borrower’s monthly payment to their income, and plans where public service can earn credit to discharge loans (Public Service Loan Forgiveness (PSLF)).On February 26, 2025 the Administration issued a Stop Work Order directing all loan servicers to stop accepting and processing IDR applications, including plans that are PSLF eligible. The American Federation of Teachers (AFT), a membership organization representing 1.8 million teachers, educators, paraprofessionals, federal, state, and local government employees and nurses and other healthcare and education professionals, filed suit on March 18, 2025, seeking to compel the DOE to provide borrowers with the ability to re-pay their loans through income-driven repayment plans.The Plaintiff argues that the actions of the DOE violate the Administrative Procedure Act as both the unlawful withholding of agency action and as arbitrary and capricious and seek preliminary and permanent injunctive relief, preventing the Department from collecting from borrowers who are eligible for income-driven repayments.

Mar. 24, 2025: The Plaintiffs filed a motion for a Temporary Restraining Order, seeking to enjoin the Defendants from their continued denial of income-driven repayment plans for student loan borrowers.

Apr. 8, 2025: The Defendants filed a memorandum in opposition to the Plaintiffs’ motion for a Temporary Restraining Order.

Apr. 14, 2025: The Plaintiffs’ motion for a Temporary Restraining Order was denied without prejudice.

Apr. 17, 2025: The court ordered both parties to submit joint status reports regarding how they wish to proceed in this case.

Sept. 9, 2025: Plaintiffs submitted an amended complaint.

Oct. 23, 2025: The court denied without prejudice the Plaintiffs’ motion for a preliminary injunction and motion for class certification, but ordered the Department of Education to continue processing eligible loan cancellations and related repayment and PSLF applications.

Morgan v. McMahon (W.D. Tex.)

1:25-cv-00416

Complaint

2025-03-19Case ClosedStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2025-03-31

Plaintiff Amanda Morgan alleges that on or about Feb. 18, 2025, the Department of Education (DOE) disabled borrowers from accessing the recertification forms and application forms for income-driven repayment plans on the studentaid.gov website. Morgan further alleges that on or about Feb. 26, 2025, DOE issued a memorandum to student loan service providers in which DOE instructed the providers to stop accepting and processing all income-driven repayment applications, including the recertification of income for those borrowers who were already on income-driven repayment plans. Morgan alleges that this decision has resulted in her being put on a new repayment plan that more than quadruples her monthly student loan payment. Morgan alleges that Secretary McMahon’s decision is arbitrary and capricious, an abuse of discretion, or otherwise contrary to the Higher Education Act. Morgan has requested that the court compel Defendants to restore access to income recertification forms and income-based repayment plans, enjoin her removal from her income-based repayment plans, extend relevant deadlines for her to recertify her income, and provide her with answers to questions posed in the complaint.

Update 1: On March 31, Plaintiff withdrew her motion for a temporary restraining order and preliminary injunctive relief.

NAACP v. U.S.A. (D. Md.)

8:25-cv-00965

Complaint

Amended Complaint

2025-07-01

2025-03-24Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2025-08-21

Since Jan. 20, 2025, the Trump Administration has taken various steps they describe as aimed at eliminating the Department of Education, including terminating grants, significantly reducing enforcement of civil rights by the agency, and drastically cutting the agency’s staff, including through a large reduction in force (RIF) which took place on Mar. 11. On Mar. 20, Trump issued an Executive Order calling upon Secretary of Education Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education.” Plaintiffs request that the court set aside Trump’s Mar. 20 Executive Order and take action to prevent the Trump Administration from dismantling the Department of Education. Plaintiffs argue McMahon’s actions are in violation of the Take Care Clause, the Appropriations and Spending Clauses, and the Separation of Powers Doctrine of the Constitution. Additionally, Plaintiffs argue Defendants’ actions are ultra vires and in violation of the Administrative Procedure Act (APA).

July 1, 2025: Plaintiffs filed an amended complaint. On that same day, Plaintiffs filed motion for preliminary injunction and supporting memorandum.

July 9, 2025: 75 former Office for Civil Rights (OCR) career staff filed an amicus brief in support of Plaintiffs’ preliminary injunction motion.

Aug. 19, 2025: In a memorandum opinion, Judge Rubin denied Plaintiffs’ motion for a preliminary injunction on the merits without prejudice, citing the Supreme Court’s stays of substantially similar preliminary injunctions in New York and California that raise concerns about the court’s authority to order the relief sought by Plaintiffs. Judge Rubin also denied Defendants’ motion to dismiss without prejudice for administrative purposes in view of the overlap between Defendants’ and Plaintiffs’ motions.

Aug. 21, 2025: In a memorandum opinion, Judge Rubin granted Plaintiffs’ motion to proceed under pseudonyms, to waive address requirements, and for a protection order.

Association for Education Finance and Policy Inc. v. McMahon (D.D.C.)

1:25-cv-00999

Complaint


Amended Complaint 2025-06-18

Second Amended Complaint 2025-07-16

2025-04-04Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2025-07-16

Since February 2025, the Defendants have allegedly taken steps to dismantle the Institute of Education Sciences (IES), the research arm of the Department of Education. Actions taken include en masse cancellation of contracts for statutorily mandated work, the mass firing of nearly 90% of IES employees, and the mass termination of remote data licenses, which researchers use to access data held by IES. The Plaintiffs are an association of scholars and practitioners working on education policy and a nonprofit research organization focused on higher education research. The Plaintiffs allege they are harmed by the Defendants’ actions because their members have lost contracts and funding; because the termination of data collection and dissemination by IES will impede the Plaintiffs from undertaking research reliant on IES’s data, given that the data is not reproducible by other entities; and because the Plaintiffs and their members are unable to publish already completed research as a result of the firing of the staff that perform disclosure reviews for data used. The Plaintiffs argue that the Defendants’ actions are ultra vires given that IES was created by statute and can only be dismantled by the same. They also argue that the Defendants violate the Administrative Procedure Act (APA) because their actions are contrary to law as they violate the Education Sciences Reform Act, the Higher Education Opportunity Act, the Impoundment Control Act, and the Anti-Deficiency Act. The Plaintiffs also allege that the Defendants acted arbitrarily and capriciously in violation of the APA. The Plaintiffs seek declaratory and injunctive relief related to restoring the terminated contracts, vacating the mass firings, and vacating the decision to terminate the remote data licenses. They also seek a temporary restraining order and a preliminary injunction prohibiting Defendants from acting to shut down IES’s operations.

Apr. 17, 2025: Plaintiffs filed a motion for a preliminary injunction and a memorandum in support of the motion, asking the Court to restrain and enjoin Defendants from terminating the functions of IES and to issue an order to reinstate active work status to IES employees whose work is necessary to perform IES’s statutory duties.

Apr. 30, 2025: Defendants filed their opposition to Plaintiffs’ motion for a preliminary injunction.

May 6, 2025: Plaintiffs replied in further support of their motion for a preliminary injunction.

June 3, 2025: Judge McFadden denied the preliminary injunction.

June 18, 2025: Plaintiffs filed an amended complaint. In this amended complaint, plaintiffs removed their ultra vires and Impoundment Act claims. Plaintiffs also added counts specifying the IES terminations and their associated alleged APA violation.

July 16, 2025: Plaintiffs filed a second amended complaint. In this amended complaint, Plaintiffs removed two IES termination-specific counts for the National Postsecondary Student Aid Study (NPSAS) 2024 and a count of termination of access to use data, while limiting all but one of the remaining counts to a specific plaintiff.

Victim Rights Law Center v. United States Department of Education (D. Mass.)

1:25-cv-11042

Complaint

2025-04-21Government Action Not Blocked Pending AppealStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2026-01-09

On March 11, 2025, Secretary of Education Linda McMahon initiated a reduction in force eliminating the positions of roughly 2,000 employees, or almost half of the Department of Education’s workforce. This reduction in force (RIF) eliminated more than half of the Office of Civil Rights’ (OCR’s) previously 550-person staff, and seven of OCR’s twelve regional offices were closed. With only half of its staff, OCR is unable to fulfill its statutory and regulatory mandates and complete investigations of disability discrimination, racial harassment and discrimination, and sexual harassment in public schools. Due to the RIF, OCR has allowed nearly all of its discrimination complaints to stall and abdicated its responsibilities to whole classes of students. Plaintiffs, including a nonprofit organization focused on providing legal aid to victims of sex-based harassment and assault, dating violence, and stalking in school as well as two children who are victims of harassment at school, sued, alleging that the Defendants acted ultra vires and that their actions violate the Administrative Procedure Act (APA) given that they are contrary to the law and arbitrary and capricious. Plaintiffs seek declaratory judgment that OCR’s RIF is unlawful and preliminary and permanent injunctions against the RIF.

June 18, 2025: Judge Myong Joun granted Plaintiffs’ motion for a preliminary injunction. Judge Joun’s order blocks Defendants from carrying out the RIF as to OCR employees and implementing a RIF as to these employees under a different name. The order also requires Defendants to stay the termination or elimination of these employees and facilitate their return to duty.

Aug. 14, 2025: The administration filed an appeal in the First Circuit, challenging the lower court’s preliminary injunction blocking Defendants from carrying out the Reduction in Force to the Office of Civil Rights. On the same day, the administration filed an emergency motion seeking to stay the preliminary injunction pending appeal.

Sept. 29, 2025: The First Circuit granted a stay of Judge Myong Joun’s June 18 preliminary injunction.

Jan. 9, 2026: The First Circuit granted the parties’ joint motion for a limited remand so the district court could consider vacating or dissolving the preliminary injunction, staying the government’s briefing obligations until further order.

National Academy of Education v. Department of Education (D.D.C.)

1:25-cv-01266

Complaint

Amended Complaint

2025-06-21

2025-04-24Government Action Temporarily BlockedStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2025-07-21

On Mar. 11, 2025, Secretary of Education Linda McMahon initiated a reduction in force eliminating the positions of roughly 2,000 employees, or almost half of the Department of Education’s workforce. This reduction in force (RIF) eliminated the workforces of the Institute of Education Services (IES) and the National Center for Education Statistics (NCES) by approximately 90% and 97%, respectively (leaving IES with about twenty employees and NCES with three). IES and NCES were established to accomplish the Education Science Reform Act’s goal that the Department of Education collect, maintain, analyze, and disseminate high-quality data through its research initiatives. Plaintiffs include the National Academy of Education (NAEd), a nonprofit focused on education policy and practice, and the National Council on Measurement in Education (NCME), a professional organization involved with educational research. These organizations allege they now face irreparable harm because of their reliance on data from IES’s Centers for their research on pressing educational issues pertaining to educational inequality in access to resources, opportunities, support, and outcomes. Plaintiffs also allege Defendants’ actions are ultra vires and in violation of separation of powers doctrine and the Administrative Procedure Act (APA) for exceeding statutory authority, being arbitrary and capricious, and not in accordance with law. Plaintiffs seek declaratory and injunctive relief against Defendants’ unlawful restriction of IES’s and its Centers’ data and against Defendants’ imminent and ongoing failure to maintain and update IES’s and its Centers’ data as required by Congress.

June 3, 2025: Judge McFadden denied Plaintiffs’ motion for a preliminary injunction, noting that APA challenges must focus on specific agency actions and seek equally targeted remedies instead of the widespread modification to agency operations which Plaintiffs seek.

July 21, 2025: Plaintiffs filed an amended complaint, which added multiple APA claims to the action and removed the ultra vires and separation of powers doctrine claims.

State of California v. McMahon (D.R.I.)

1:25-cv-00329

Complaint

2025-07-14State A.G. PlaintiffsCase Closed in Favor of PlaintiffStructure of Government/PersonnelDismantling/Restructuring of the Department of Education (Executive Order of Mar. 20, 2025)2025-09-12

On June 30, the U.S. Department of Education (DOE) notified several states that over 6 billion dollars in education funding for K-12 schools and adult education were being withheld, stating that it would review the programs for consistency with presidential priorities. These funds were appropriated by Congress to be delivered to the states for six Department of Education programs, and were designated as formula grants, which obligates the federal government to distribute the funding to States pursuant to a statutory formula within the required date of July 1. A coalition of 24 states and the District of Columbia filed a complaint on July 14 challenging the administration’s funding freeze, claiming that the funding freeze will cancel summer school and after-school programs, as well as jeopardize hundreds of adult education systems. The plaintiffs allege that the DOE violated the Administrative Procedure Act as contrary to law, in excess of statutory authority, and arbitrary and capricious, and the U.S. Constitution’s Separation of Powers, and Presentment Clause. On the same day that plaintiffs filed the complaint, they also filed a motion for a preliminary injunction seeking to stop the funding freeze.

July 15, 2025: Judge John McConnell recused himself as the judge for this matter. The case was reassigned to Judge Melissa DuBose.

Aug. 5, 2025: Plaintiffs withdrew their preliminary injunction motion.

Sept. 12, 2025: the court granted the parties’ Aug. 25 joint motion to dismiss the complaint without prejudice, subject to the terms of their stipulation whereby Defendants agreed to release the requested funds.

National Council of Nonprofits v. McMahon (D. Mass.)

1:25-cv-13242

Complaint

2025-11-03Government Action Temporarily BlockedStructure of Government/PersonnelRegulating the Public Service Loan Forgiveness (PSLF) Program2025-11-03

On Nov. 3, a coalition of cities, labor unions, and nonprofit organizations challenged the Department of Education’s rule allowing the Secretary of Education to exclude certain employers from participating in the Public Service Loan Forgiveness (PSLF) program if they engage in a list of activities that have a “substantial illegal purpose.” Plaintiffs argue the rule violates the Administrative Procedure Act (APA) because the Department is required to forgive loans from eligible borrowers under the Higher Education Act and cannot withhold cancellation based on any criteria. The Plaintiffs also argue that the Department violated the APA because it acted arbitrarily and capriciously by failing to respond to nearly 14,000 public comments warning that the rule would pose significant harm to public service employers.The nonprofit and labor Plaintiffs further raise constitutional claims, asserting that the rule violates the First Amendment by allowing viewpoint-based discrimination and, along with the cities and counties, contend that it violates the Due Process Clause by providing no clear notice or standards for exclusion.

Massachusetts v. Department of Education (D. Mass.)

1:25-cv-13244

Complaint

2025-11-03State A.G. PlaintiffsAwaiting Court RulingStructure of Government/PersonnelRegulating the Public Service Loan Forgiveness (PSLF) Program2025-11-03

On November 3, a coalition of states challenged the Department of Education’s rule allowing the Secretary of Education to exclude certain employers from participating in the Public Service Loan Forgiveness (PSLF) program if they engage in a list of activities that have a “substantial illegal purpose.” Plaintiffs argue the rule violates the Administrative Procedure Act (APA) as contrary to law because the Department is required to forgive loans from eligible borrowers under the Higher Education Act and cannot withhold cancellation based on any criteria. The Plaintiffs also argue that the Department violated the APA because it acted arbitrarily and capriciously by failing to respond to nearly 14,000 public comments warning that the rule would pose significant harm to public service employers. Plaintiffs that the court declare the rule unlawful, vacate the rule, and enjoin its implementation as to Plaintiff States.

Robert F. Kennedy Center for Justice and Human Rights v. McMahon (D.D.C.)

1:25-cv-03860

Complaint

2025-11-04Awaiting Court RulingStructure of Government/PersonnelRegulating the Public Service Loan Forgiveness (PSLF) Program2025-11-04

On November 4, a coalition of tax-exempt, non-profit organizations filed a complaint challenging the Department of Education’s rule allowing the Secretary of Education to exclude certain employers from participating in the Public Service Loan Forgiveness (PSLF) program if they engage in a list of activities that have a “substantial illegal purpose.” Plaintiffs argue the rule violates the Administrative Procedure Act (APA) as contrary to law and in excess of statutory authority because the Department is required to forgive loans from eligible borrowers under the Higher Education Act and cannot withhold cancellation based on any criteria, as well as being arbitrary and capricious. Plaintiffs also contend that the rule violates the Due Process Clause as unconstitutionally vague and violates the First Amendment as it chills Plaintiffs’ willingness to engage in constitutionally protected speech out of a credible concern that the Secretary will exclude Plaintiffs from participation in the PSLF program based on speech or expressive conduct. Plaintiffs request that the rule be declared unlawful and set aside, and that the court declare that the Secretary lacks the authority to change the statutory criteria for PSLF.

San Francisco Unified School District v. AmeriCorps, a.k.a. the Corporation for National and Community Service (N.D. Cal.)

3:25-cv-02425

Complaint

2025-03-10Government Action Temporarily BlockedStructure of Government/PersonnelDismantling AmeriCorps (Executive Order 14222 - Implementing the President's “Department of Government Efficiency“ Cost Efficiency Initiative) (Goodson Memorandum and cover note Apr. 15, 2025)2025-06-18

On February 13, 2025, AmeriCorps issued a directive to all grant recipients entitled “Executive Order Compliance Instructions” (AmeriCorps Directive), which required that all grant recipients certify compliance with “administration priorities” as outlined in various Executive Orders (EO’s) issued by President Donald Trump, including a prohibition on promoting “DEI activities” and climate change-related initiatives, in order to continue to receive funding. Plaintiffs, the San Francisco Unified School District and the City of Santa Fe, New Mexico, are recipients of funding from AmeriCorps for programs to support vulnerable community members and under previous AmeriCorps guidance had been required to verify their commitment to DEI. On Mar. 10 they filed suit, asserting that EO’s relating to gender identity, DEI, and the environment do not apply to the plaintiffs as non-federal entities, and asking the court for declaratory relief that the AmeriCorps Directive is unconstitutional as it violates Separation of Powers and the Spending Clause, as well as the Administrative Procedures Act (APA) as arbitrary and capricious, in excess of statutory authority, and contrary to the Constitution. They seek an order vacating the AmeriCorps Directive, and injunctive relief to prevent Defendants from effectuating any of the new grant conditions Americorps has announced.

Mar. 31, 2025: Judge Chen granted Plaintiffs’ motion for a temporary restraining order, thereby enjoining Defendants from imposing and enforcing new conditions on Plaintiffs’ AmeriCorps grants until a decision is made on Plaintiffs’ preliminary injunction motion.

Apr. 23, 2025: The court issued an order confirming the court’s jurisdiction over the action.

June 18, 2025: The court granted Plaintiffs’ motion for a preliminary injunction, thereby enjoining Defendants from imposing and enforcing new conditions on Plaintiffs’ AmeriCorps grants during the pendency of the lawsuit.

State of Maryland v. Corporation for National and Community Service (D. Md.)

1:25-cv-01363

Complaint


Amended Complaint 2025-7-24

2025-04-29State A.G. PlaintiffsGovernment Action Temporarily BlockedStructure of Government/PersonnelDismantling AmeriCorps (Executive Order 14222 - Implementing the President's “Department of Government Efficiency“ Cost Efficiency Initiative) (Goodson Memorandum and cover note Apr. 15, 2025)2025-10-02

Maryland, along with 23 other states and the District of Columbia filed a complaint on April 29, 2025 against AmeriCorps over its decision to place the majority of its staff on leave and its plan to terminate many of them, as well as unilaterally cancelling up to $400 million worth of programming involving the plaintiffs. Plaintiffs claim these actions are in violation of the separation of powers principles as well as the Administrative Procedure Act (APA) as allegedly “arbitrary and capricious” conduct, contrary to law and in excess of statutory authority. They claim the changes were not made through the proper rulemaking process and that these actions exceed the constitutional authority of the executive branch and infringe on the powers of Congress in setting up and allotting funding to AmeriCorps. Plaintiffs claim that the improper winddown of AmeriCorps and cancellation of its programming will cause irreparable harm to both the Plaintiffs and the public at large.

Update 1: On May 6, the Plaintiff States filed a motion for a preliminary injunction and supporting memorandum. Plaintiffs request that the court vacate Defendants’ acts and omissions that contributed to the dismantling of AmeriCorps and enjoin Defendants from taking further actions to dismantle AmeriCorps.

Update 2: Defendants responded in opposition to Plaintiffs’ preliminary injunction motion on May 13. In the event the preliminary injunction is granted, Defendants requested that it be limited to only the Plaintiff States.

Update 3: On Jun. 5, Judge Deborah Boardman granted a preliminary injunction, finding that the effort likely violated the Administrative Procedure Act by failing to provide a notice-and-comment period before halting national service programs and discharging tens of thousands of AmeriCorps members.

Update 4: On July 10, Judge Boardman issued a modified preliminary injunction order to amend the scope of the injunctive relief to only be applicable to the Plaintiff States following the Supreme Court’s decision in Trump v. Casa, Inc.

Update 5: On July 24, the Plaintiff States filed an amended complaint. The updates included specifying which alleged APA violations applied to the AmeriCorps Defendants and OMB Defendants as well as the addition of an allegation against all Defendants requesting mandamus relief.

Update 6: On October 2, California Attorney General Rob Bonta announced that $184 million in funding for AmeriCorps was released by the Office of Management and Budget (OMB) after the administration declined to further fight to withhold the congressionally appropriated funding. A coalition of states filed suit in April challenging the administration’s efforts to eliminate AmeriCorps’ workforce and funding. A district court judge granted a preliminary injunction restoring AmeriCorps programs in June, but plaintiffs filed an amended complaint claiming that OMB was continuing to withhold and delay funds. Rather than answering that complaint, OMB agreed to release the funds for AmeriCorps to distribute.

Elev8 Baltimore, Inc. v. Corporation for National and Community Service (D. Md.)

1:25-cv-01458

Complaint

2025-05-05Government Action Temporarily BlockedStructure of Government/PersonnelDismantling AmeriCorps (Executive Order 14222 - Implementing the President's “Department of Government Efficiency“ Cost Efficiency Initiative) (Goodson Memorandum and cover note Apr. 15, 2025)2025-09-04

In April 2025, AmeriCorps placed 85% of its staff on administrative leave and unilaterally terminated $400 million of AmeriCorps grants. On May 5, a group of 15 non-profit entities and three individual Plaintiffs brought suit against AmeriCorps, the Interim Agency Head of AmeriCorps, and the DOGE Team Lead for AmeriCorps, alleging that Defendants are unlawfully attempting to dismantle AmeriCorps in violation of the Administrative Procedure Act (APA), the Separation of Powers, and the Appointments Clause. Plaintiffs allege that these cuts will cause irreparable harm to their organizations, significantly reducing or negating their ability to recruit and retain volunteers and to provide services. Plaintiffs allege that Defendants’ attempts to dismantle AmeriCorps violate the APA as arbitrary and capricious, contrary to law, unreasonably withheld agency action, and failure to observe procedures required by law. Plaintiffs further allege that Defendants’ actions violate the Separation of Powers, and that Defendant Tahmasebi, the Acting Chief Executive Officer of AmeriCorps, is exercising authority in violation of the Appointments Clause. Plaintiffs have asked the court for declaratory and injunctive relief to prevent Defendants from effectuating their decision to dismantle AmeriCorps, and to restore all AmeriCorps programs, grants, contracts, participants, and staff to their status as of April 14, 2025.

Update 1: On July 7, Judge Maddox granted in part a preliminary injunction blocking the administration’s effort to suspend AmeriCorps operations. The court ordered the administration to reinstate unionized AmeriCorps employees placed on administrative leave since April 15, restore their access to internal systems, and rescind reduction-in-force notices. The ruling also requires reinstatement of all VISTA and NCCC programs, grants, and subgrants that were active before April 15 and prohibits further suspensions or terminations absent a specific legal justification. AmeriCorps must also submit biweekly compliance reports to the court for 12 weeks.

Update 2: On Aug. 18, Plaintiffs filed an amended complaint, converting the case into a proposed class action and adding the Office of Management and Budget (OMB) and OMB Director Russell Vought as defendants. The amended pleading retains the original APA, separation-of-powers/ultra vires, and Appointments Clause challenges to the administration’s dismantling of AmeriCorps, but adds several new organizational plaintiffs as class representatives and seeks to represent a class of AmeriCorps grantees and subgrantees in 27 states and territories whose State and National or AmeriCorps Seniors grants have been placed in a “pending release of FY 2025 appropriated dollars” or similar status. It further alleges that AmeriCorps and OMB are unlawfully withholding roughly $200 million in FY 2025 AmeriCorps funds and failing to disburse those appropriations to “new” and “recompete” grantees, asserting additional APA, separation-of-powers, Anti-Deficiency Act, and Impoundment Control Act violations and seeking class-wide declaratory, injunctive, and mandamus relief requiring the funds to be apportioned and disbursed.

Update 3: On Sept. 4, the parties filed a joint stipulation regarding the status of FY 2025 AmeriCorps funds. Defendants represented that OMB had now apportioned and allocated all FY 2025 AmeriCorps appropriations, approved a spend plan for the remaining $184,898,010, and that AmeriCorps was working to obligate those funds by Sept. 30, 2025—including to all proposed class members whose new or recompete grants had been approved but held “pending release of FY 2025 funds.” In light of those representations, Plaintiffs agreed to “forgo moving for a preliminary injunction on the Class Claims at this time, reserving the right to move at a later date if Defendants are unable to execute their current plans.”

Robert F. Kennedy Human Rights v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-01270

Complaint

2025-04-24Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling DHS Office for Civil Rights and Civil Liberties (CRCL), the Citizenship and Immigration Services Ombudsman Office (CIS Ombudsman Office), and Office of the Immigration Detention Ombudsman2025-07-11

On March 21, 2025, the Department of Homeland Security (DHS) abruptly closed its Office for Civil Rights and Civil Liberties (CRCL), Citizen and Immigration Services Ombudsman Office (CIS Ombudsman Office), and the Office of Immigration Detention Ombudsman (OIDO) (collectively, the DHS Oversight Offices). Plaintiffs are nonprofit organizations who had filed complaints or requests for assistance with the DHS Oversight Offices prior to their closure. According to Plaintiffs, Plaintiffs and their clients now face hardship because they benefited from the investigations conducted by and the congressionally mandated reports published by the DHS Oversight Offices. These organizations allege that DHS’s actions are ultra vires, in violation of the constitutional separation of powers, as well as arbitrary and capricious, in violation of the Administrative Procedure Act (APA). Plaintiffs request declaratory and injunctive relief to block DHS from taking further steps to hinder the DHS Oversight Offices’ ability to perform their statutorily mandated tasks.

May 8, 2025: Plaintiffs filed a motion for a preliminary injunction, requesting that the court order Defendants not to take any further actions to to dissolve or cease the statutory functions of CRCL, OIDO, or the CIS Ombudsman’s Office; reverse work stoppages that were ordered for the DHS Oversight Offices; and enjoin Defendants from effectuating reduction-in-force scheduled for May 23, 2025.

May 23, 2025: Plaintiffs filed a motion for a temporary restraining order to preserve the status quo that existed as of Mar. 21, 2025 or prevent further dissolution of CRCL, OIDO, and CIS Ombudsman Office. Judge Ana Reyes denied the motion after a hearing on that same day.

July 11, 2025: Judge Reyes denied Plaintiffs’ preliminary injunction motion as moot following

the parties’ joint motion for expedited discovery and briefing of cross-motions for summary judgment.

Ethical Society of Police v. Bondi (D. Mass.)

1:25-cv-13115

complaint

2025-10-24Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling the Community Relations Service2025-10-30

The Community Relations Service (CRS), which sits within the Department of Justice (DOJ), was established by Title X of the Civil Rights Act of 1964 to assist in federal judicial proceedings and has acted to mediate disagreements, deescalate violent situations, and provide training and consultation around topics such as racial tensions, police-community relations, and perceived hate crimes, among others. On Sept. 29, following a period in which CRS was not funded and withdrew from many of its services, all but one of the employees at CRS were notified that their positions were being terminated. On Oct. 24, a coalition of civil rights and community organizations filed suit alleging that the CRS was effectively being dissolved, and arguing that its elimination violates the Administrative Procedures Act (APA) as contrary to the law, arbitrary and capricious and in excess of statutory authority, as well as separation of powers. Plaintiffs seeking declaratory and injunctive relief to halt the agency’s dissolution and to prevent the planned Oct. 31, 2025 termination of CRS employees and filed a motion for a temporary restraining order the same day.

Update 1: On Oct. 30, Judge Indira Talwani denied Plaintiffs’ motion for a temporary restraining order, in part because Plaintiffs failed to demonstrate that they would suffer irreparable harm.

American Federation of Government Employees AFL-CIO v. Noem (W.D. Wa.)

2:25-cv-00451

Complaint

2025-03-13Government Action Temporarily BlockedStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-08-13

On Mar. 7, DHS announced it was “ending collective bargaining for the Transportation Security Administration's (TSA) Transportation Security Officers.” The action was taken pursuant to Sec. Noem’s memorandum of Feb. 27, 2025. On Mar. 13, 2025, a coalition of unions, including the AFGE, AFGE TSA Local 1121, the Communications Workers of America (“CWA”), and the Association of Flight Attendants-CWA (“AFA-CWA”) sued the Noem, the DHS, the TSA, and Stahl. The plaintiffs argue that the Trump administration’s termination of a negotiated union contract that protects approximately 47,000 TSOs (1) constitute unconstitutional retaliation against AFGE for exercising its right to advocate for federal workers, (2) violate Fifth Amendment due process, and (3) violate the Administrative Procedure Act. The plaintiffs seek immediate injunctive relief to prevent the administration from rescinding the existing contract, eliminating union representation, and stripping workers of their bargaining rights.

Update 1: On Apr. 4, the plaintiffs filed a motion for a preliminary injunction, arguing that they are highly likely to succeed on the merits, face irreparable harm, and the balance of equities and public interest supports injunctive relief.

Update 2: On Apr. 25, the Defendants filed a response to the Plaintiffs’ motion for a preliminary injunction.

Update 3: On May 2, the Plaintiffs filed a reply in further support of their motion for a preliminary injunction, urging the court to grant the injunction to halt Defendants’ alleged efforts to punish AFGE from exercising its First Amendment rights.

Update 4: On Jun. 2, Judge Marsha Pechman issued a preliminary injunction blocking DHS secretary Kristi Noem from ending collective bargaining rights and rescinding the 2024 union contract for Transportation Security Officers, finding that the action was likely retaliatory, violated due process, and arbitrary and capricious.

Update 5: On Aug. 13, Judge Pechman denied Defendants’ motion to dismiss Plaintiffs’ complaint for lack of jurisdiction and failure to state a claim, finding the court’s jurisdiction to be proper and that Plaintiffs adequately pleaded their claims.

American Federation of State, County And Municipal Employees, AFL-CIO v. Trump (D.D.C.)

1:25-cv-03306

Complaint

2025-09-19Government Action Temporarily BlockedStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2026-01-09

On Aug. 28, 2025, President Trump issued Executive Order 14343, which removed commerce, trade, environmental, and space agencies and the U.S. Agency for Global Media (“USAGM”) from federal collective bargaining protections for national security reasons. Plaintiffs are the American Federation of Government Employees (“AFGE”) and the American Federation of State, County and Municipal Employees (“AFSCME”). Defendants are President Trump, the USAGM, and Kari Lake, acting CEO of USAGM. Plaintiffs allege EO 14343 unlawfully stripped employees of USAGM and Voice of America (“VOA”) of their collective bargaining rights. Plaintiffs further allege that the activity of Plaintiffs is protected by the First Amendment, including pursuing litigation and filing grievances to oppose the closure of USAGM and VOA. Plaintiffs also argue that USAGM’s termination of Plaintiff’s collective bargaining agreements violate their due process and property rights under the Fifth Amendment. Plaintiffs seek an order declaring that the EO and USAGM’s implementation of it violate the First and Fifth Amendments and are beyond the scope of the President’s authority. Plaintiffs also request the court block Defendants implementing the EO, including requiring Defendants to restore Plaintiff’s collective bargaining rights.

Nov. 18, 2025: The court granted Plaintiffs’ motion for a preliminary injunction.

Jan. 9, 2026: Defendants appealed to the D.C. Circuit.

National Weather Service Employees Organization v. Trump (D.D.C.)

1:25-cv-02947

Complaint

2025-09-02Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-12-22

The National Weather Service Employees Organization (NWSEO), which represents about 4,000 employees of the National Oceanic and Atmospheric Administration (NOAA) and the Patent Office Professional Association (POPA), which represents roughly 9,000 professional employees of the U.S. Patent and Trademark Office (USPTO) filed suit on Sept. 2, 2025 in response to Executive Orders (EO’s) 14251 and 14343, which terminated collective bargaining protections for the federal employees they represent. Plaintiffs argue that the EOs unlawfully stripped their collective bargaining rights and terminated contracts under a false “national security” rationale, violating the Federal Service Labor‑Management Relations Statute (FSLMRS). Plaintiffs also allege that the President issued the EOs in retaliation for the plaintiffs’ exercise of their First Amendment rights by objecting to the Trump Administration’s personnel policies, and that exempting an agency from the FSLMRS is beyond President Trump’s authority. Plaintiffs further argue that they have been denied equal protection rights under the Due Process Clause of the Fifth Amendment, because the Trump Administration has not targeted employees of U.S. Customs and Border Protection or members of police and firefighters unions that politically support the Trump Administration. Plaintiffs seek an order declaring the EOs unlawful , as well as an injunction to block government officials from enforcing the EOs provisions and to require the agencies to recognize their employees’ collective bargaining rights.

Oct. 24, 2025: Plaintiffs filed a motion for a preliminary injunction in which they requested that the court enjoin the application and enforcement of Section 2 of EOs 14251 and 14343.

Dec. 22, 2025: Judge Paul Friedman stayed the case pending the D.C. Circuit’s decisions in National Treasury Employees Union v. Trump (25-5157), American Foreign Service Ass’n v. Trump (25-5184), and Federal Education Association v. Trump (25-5303). Judge Friedman also ordered that Plaintiffs’ preliminary injunction motion be held in abeyance.

National Treasury Employees Union v Trump (D.D.C.)

1:25-cv-00935

Complaint

2025-03-31Government Action Not Blocked Pending AppealStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-12-22

On March 27, 2025, President Trump issued an Executive Order (EO) that terminated certain federal employees’ collective bargaining agreements, including nearly one dozen agreements negotiated by National Treasury Employees Union (NTEU), a labor union representing federal workers. NTEU is bringing this suit against the President and the heads of certain NTEU-represented agencies, claiming that the EO will drastically reduce the number of employees it represents, diminishing the dues NTEU can collect and its influence at the bargaining table. NTEU alleges that the EO is unlawful and ultra vires on the ground that it conflicts with federal statutes (including on collective bargaining, 5 U.S.C. § 7103(b)(1)), and violates NTEU’s First Amendment rights. NTEU asks the court to declare that the EO and the Office of Personnel Management (OPM) Guidance on the EO are unlawful and to enjoin all defendants other than Trump from implementing the EO and the OPM guidance on the EO.

April 25, 2025: The court granted a preliminary injunction.

May 16, 2025: The D.C. Circuit, in a 2-1 decision, granted the Defendants’ stay pending appeal, which was extended until Oct. 27, 2025.

Oct. 1, 2025: The D.C. Circuit denied the motion to hold the case in abeyance and, on Oct. 16, 2025, scheduled oral argument for Dec. 15, 2025.

Dec. 22, 2025: Judge Paul Friedman stayed the district court case pending the D.C. Circuit’s decisions in National Treasury Employees Union v. Trump (25-5157), American Foreign Service Ass’n v. Trump (25-5184), and Federal Education Association v. Trump (25-5303).

American Federation Of Government Employees, AFL-CIO v. Trump (N.D. Cal.)

4:25-cv-03070

Complaint

2025-04-03Government Action Not Blocked Pending AppealStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-11-04

On Mar. 27, President Trump issued an Executive Order (EO) that terminated certain federal employees’ collective bargaining agreements. A number of unions representing federal employees that lost collective bargaining protections filed suit against President Donald Trump and numerous federal agencies at which the unionized employees work. The Plaintiffs argue that the EO violates the First Amendment because it was issued in retaliation for the Plaintiffs’ filing of lawsuits challenging various Trump Administration actions and because it constitutes viewpoint discrimination. The Plaintiffs also challenge the EO is ultra vires on the ground that it violates the federal statute that created the collective bargaining system and would therefore violate the separation of powers. They additionally argue that the EO violates the Fifth Amendment’s Procedural Due Process Clause, Takings Clause, and Equal Protection Clause. The Plaintiffs seek declaratory and injunctive relief finding that the EO and its implementation violate the Constitution as alleged and prohibiting the Defendants from giving effect to the EO.

Update 1: On Apr. 7, Plaintiffs filed an Ex Parte Motion for a Temporary Restraining Order and Order to Show Cause. The TRO sought would enjoin the implementation of the EO.

Update 2: On Apr. 25, Defendants filed an Opposition to Plaintiffs’ Ex Parte Motion for a Temporary Restraining Order and Order to Show Cause. The Defendants allege that the Plaintiffs do not establish irreparable harm absent a preliminary injunction, cannot show a likelihood of success on the merits, and that the balance of equities and the public interest weigh against the Plaintiffs.

Update 3: On June 24, Judge James Donato granted Plaintiffs a preliminary injunction, which enjoined the Agency Defendants and the Agency Head Defendants from implementing the EO against Plaintiffs and their members.

Update 4: On June 26, Defendants appealed Judge Donato’s preliminary injunction order to the Ninth Circuit.

Update 5: On July 7, the Ninth Circuit granted an administrative stay while the litigation proceeds.

Update 6: On August 1, an appeals court unanimouslystayed the lower court’s preliminary injunction pending appeal, reinstating the administration’s executive order terminating the collective bargaining rights of many federal workers. The court held that the administration is likely to succeed against the plaintiffs’ claim of retaliation, since the order on its face is not retaliatory, and the “government has shown that the president would have taken the same action” regardless of the plaintiffs’ action. Even if some retaliatory intent existed, the court found the administration likely justified its action on national security grounds.

Update 7: On Aug. 25, the Ninth Circuit issued an order noting that a judge had called for a vote on whether to rehear the case en banc. On Nov. 4, the court issued an order that the sua sponte request had been withdrawn, stating that proceedings before the panel would resume.

American Foreign Service Association v. Trump (D.D.C.)

1:25-cv-01030

Complaint

2025-04-07Government Action Not Blocked Pending AppealStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-12-15

On March 27, 2025, President Trump issued EO 14251 which invoked § 4103(b) of the Foreign Service Labor-Management Relations Statute to terminate the collective bargaining rights of all the Foreign Service members employed by the U.S. State Department and USAID. AFSA – a professional association that represents approximately 18,000 members of the Foreign Service - asserted that the Trump administration exceeded its authority under the Foreign Service Labor-Management Relations Statute by terminating AFSA’s collective bargaining rights for non-national security reasons. AFSA also alleged that its First Amendment rights have been violated, asserting that the EO retaliates against AFSA for opposing other actions taken by the Trump administration. The plaintiff sued, seeking declaratory and injunctive relief, to enjoin the Trump administration from enforcing the EO.

April 14, 2025: AFSA filed a motion for a preliminary injunction in which it requested the Court to enjoin the application of the EO and OPM’s guidance on the order.

April 25, 2025: The Trump Administration filed its opposition to AFSA’s motion for a preliminary injunction.

May 14, 2025: Judge Friedman granted a preliminary injunction.

May 21, 2025: Defendants appealed Judge Friedman’s May 14 preliminary injunction order.

June 20, 2025: The D.C. Circuit en banc stayed the preliminary injunction order pending appeal.

July 30, 2025: The D.C. Circuit denied AFSA’s motion for en banc reconsideration of the June 20 stay.

Dec. 15, 2025: Oral argument was held at the D.C. Circuit.

North America's Building Trades Unions v. Department of Defense (D.D.C.)

1:25-cv-01070

Complaint

2025-04-09Case Closed in Favor of PlaintiffStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-07-07

On February 7, 2025, the Department of Defense (DOD) issued a memorandum directing that contracting officers shall not use project labor agreements (PLAs), which are pre-hire agreements which set workplace policies before construction begins, for large-scale construction projects, and shall amend solicitations to remove PLA requirements. On February 12, 2025, the General Services Administration (GSA) issued a similar memorandum. These memorandums’ directions stand in contrast with Executive Order (EO) 14063, an existing Biden order which requires that agencies use PLAs on large-scale construction projects, with case-by-case exceptions. Plaintiffs, North America’s Building Trade Unions and its affiliated chartered building and construction trades councils, allege irreparable harm as they enter into and are signatory to many PLAs each year with the DOD and GSA and assert that they are losing project mandates due to the agencies’ noncompliance with the EO. Plaintiffs allege that Defendants’ actions violate the Administrative Procedure Act as contrary to law and arbitrary and capricious, and seek declaratory and injunctive relief.

Update 1: On May 16, the Court granted Plaintiffs' motion for a preliminary injunction. In its accompanying memorandum, the Court noted that they were vacating the memoranda in question and that the ruling did not apply only to the named plaintiffs.

Update 2: On June 23, Defendants moved to dismiss the complaint for lack of jurisdiction after DOD and GSA formally rescinded the policies at issue in this case, disavowed continued reliance on those policies, and instructed their contracting officers to proceed in accordance with the EO, relevant federal regulations, and the Court’s May 16 order.

Update 3: On July 7, Plaintiffs voluntarily dismissed their claims, thereby terminating the action.

American Federation of Labor and Congress of Industrial Organizations v. Trump (D.D.C.)

1:25-cv-02445

Complaint

Amended Complaint

2025-08-21

2025-07-29Government Action Temporarily BlockedStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2026-01-09

On March 27, 2025, President Donald J. Trump issued Executive Order (EO) 14251, which excludes most federal employees from collective bargaining rights under Chapter 71 of Title 5 of the U.S. Code, citing national security concerns, while preserving those rights for police officers, firefighters, and security guards. The order was accompanied by guidance from the Office of Personnel Management and implemented by various federal agencies, including the Department of Defense, without individualized justification or notice to affected unions. On July 29, 2025, eight labor organizations affiliated with the American Federation of Labor and Congress of Industrial Organizations, representing tens of thousands of federal employees across multiple agencies, filed suit alleging that the EO has led to the suspension of collective bargaining agreements, halted grievance procedures, cut off union dues collection, and undermined union membership and representation. They claim these actions have caused financial harm, disrupted labor relations, and violated longstanding statutory and constitutional protections. The complaint alleges that the EO violates the Separation of Powers, First Amendment, Fifth Amendment, and the Administrative Procedure Act as arbitrary and capricious. Plaintiffs seek declaratory and injunctive relief to vacate the order and block its implementation.

Aug. 21, 2025: Petitioners filed an amended complaint.

Aug. 22, 2025: Petitioners filed a motion (and memorandum in support) for a preliminary injunction.

Oct. 1, 2025: Judge Friedman granted Plaintiffs’ motion for a preliminary injunction, holding that Section 2 of the March 27 EO and OPM’s implementing guidance are unlawful as applied to Plaintiffs’ bargaining units and enjoining all defendants other than President Trump from implementing those provisions with respect to employees in those units.

Dec. 1, 2025: Defendants filed notice of appeal.

Jan. 9, 2026: The district court case was stayed.

National Association of Agriculture Employees v. Trump (D.D.C.)

1:25-cv-02657

Complaint

2025-08-13Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-12-10

On March 27, 2025, President Donald J. Trump issued Executive Order (EO) 14251 which revoked the collective bargaining rights of many federal employees, including employees of the Plant Protection and Quarantine organizational unit (PPQ) in the U.S. Department of Agriculture (USDA), for national security reasons, and on March 28 the Office for Personnel Management (OPM) released a memorandum providing guidance for enforcing the EO. On Aug. 13, the National Association of Agriculture Employees (NAAE), a national labor union that represents the employees of PPQ in collective bargaining, filed a complaint challenging the Trump Administration’s action, asserting that PPQ does not have a primary function relating to national security, which the EO claims as the reason for revoking collective bargaining rights, and that the revocation was instead in retaliation for grievances the NAAE had previously filed on behalf of PPQ employees terminated due to other Trump policy initiatives. The complaint alleges that the EO goes beyond the President’s authority and is ultra vires, violates NAAE’s First Amendment rights, and violates NAAE’s Fifth Amendment Due Process rights. Plaintiff is requesting that the court declare the EO and the OPM memorandum unlawful and prevent Defendants from enforcing both.

Dec. 8, 2025: The parties filed a joint motion to stay the case pending the D.C. Circuit’s decision in National Treasury Employees Union v. Trump, a related case.

Dec. 10, 2025: Judge Paul Friedman granted the parties’ joint motion to stay the case.

National Treasury Employees Union v. Trump (D.D.C.)

1:25-cv-02990

Complaint

2025-09-03Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2026-01-09

On Sept. 3, 2025, the National Treasury Employees Union, a labor union that represents federal employees in thirty-seven agencies and departments, filed a complaint challenging two executive orders (issued in March and August 2025), that strip numerous federal employees of their statutory right to collective bargaining. The Union argues that Congress has expressly protected collective bargaining rights for federal workers, and that the President’s reliance on national security exceptions to both 5. U.S.C. § 7103(b)(1) and 5 U.S.C. §§ 7101, 7103(b)(1) is both inappropriate and pretextual, particularly regarding employees of the Patent and Trademark Office. Plaintiffs further allege that the orders are retaliatory against Union members for exercising their First Amendment rights, and seek to block enforcement of the executive orders.

Jan. 9, 2026: The case was stayed.

Federal Education Association v. Trump (D.D.C.)

1:25-cv-01362

Complaint


Amended Complaint


2025-06-21

2025-05-05Government Action Temporarily BlockedStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2026-01-09

On March 27, 2025, President Trump issued Executive Order (EO) 14251, titled “Exclusions from Federal Labor-Management Programs”, which excludes most federal employees from the collective bargaining rights provided under Chapter 71 of Title 5 of the U.S. Code, citing national security concerns. On May 5, three labor organizations representing thousands of educators and education support professionals in PreK-12 schools operated by the Department of Defense Education Activity (DODEA) filed suit alleging that the EO has led to the suspension of collective bargaining agreements, halted grievance procedures, cut off union dues collection, and that these actions have caused financial harm, disrupted labor relations, and violated longstanding statutory and constitutional protections. Plaintiffs argue that Congress has expressly protected collective bargaining rights for federal workers, and that the President’s reliance on national security exceptions to both 5. U.S.C. § 7103(b)(1) and 5 U.S.C. §§ 7101, 7103(b)(1) is both inappropriate and pretextual, particularly regarding educators at DODEA schools. The complaint alleges that the EO is ultra vires and violates the Separation of Powers, Plaintiff’s due process rights and First Amendment rights as retaliatory action, the Equal Protection Clause, the Fifth Amendment’s Takings Clause and prohibition against the government's abrogation of contracts, and the Administrative Procedure Act as arbitrary and capricious.

June 21, 2025: Plaintiffs filed an amended complaint setting out additional factual allegations relating to a reorganization altering employees terms and conditions of employment and resulting in the elimination of positions and to the repudiation of various collective bargaining agreements with the DODEA.

July 2, 2025: Plaintiffs filed a motion for a preliminary injunction which was granted by Judge Friedman on Aug. 14, 2025. The Judge rejected the government’s argument that DODEA has a “primary national security” 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.

Aug. 18, 2025: The government appealed Judge Friedman’s decision to the D.C. Circuit Court of Appeals.

Sept. 2, 2025: The D.C. Circuit issued an administrative stay of the district court’s Aug. 14, 2025 preliminary injunction.

Sept. 25, 2025: The D.C. Circuit dissolved its previously issued administrative stay, reapplying the district court’s Aug. 14, 2025 preliminary injunction.

Oct. 16, 2025: Judge Friedman denied defendants’ motion to stay proceedings in light of the D.C. Circuit’s Sept. 25, 2025 per curiam opinion.

Jan. 9, 2026: The case was stayed.

International Federation of Professional & Technical Engineers, AFL-CIO v. Trump (D.D.C.)

1:25-cv-03615

Complaint

2025-10-09Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-12-22

On Aug. 28, 2025, President Trump issued Executive Order 14343, which removed commerce, trade, environmental, and space agencies and the U.S. Agency for Global Media from federal collective bargaining protections for national security reasons. On October 8, 2025, the International Federation of Professional & Technical Engineers (IFPTE), a union representing thousands of National Aeronautics and Space Administration (NASA) employees, filed suit against President Trump and acting NASA Administrator Sean Duffy challenging this order. The complaint argues that the order is unlawful because it is an ultra vires action that exceeds the authority of the President; violates the Fifth Amendment’s equal protection and due process protections; and constitutes retaliation for IFPTE’s protected speech, including its participation in a prior lawsuit against the Trump administration and comments made about the President, under the First Amendment. Plaintiffs also allege that Defendant Duffy’s actions are unlawful, arbitrary and capricious, and outside of his authority in violation of the Administrative Procedure Act. IFPTE seeks declaratory and injunctive relief to block implementation of the order.

Dec. 22, 2025: Judge Paul Friedman stayed the district court case pending the D.C. Circuit’s decisions in National Treasury Employees Union v. Trump (25-5157), American Foreign Service Ass’n v. Trump (25-5184), and Federal Education Association v. Trump (25-5303).

International Brotherhood of Electrical Workers, Government Coordinating Council 1 v. Trump (D.D.C.)

1:25-cv-03826

Complaint

2025-10-30Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2026-01-09

On Oct. 30, 2025, nine local branches of the International Brotherhood of Electrical Workers (IBEW) sued President Trump and the Departments of Energy and the Interior, alleging that the government had unlawfully stripped IBEW members working for the federal government of their collective-bargaining rights as retaliation for IBEW’s criticism of the Trump administration. IBEW seeks declaratory judgment that the administration’s actions are unlawful and unconstitutional and an injunction against enforcement of policies excluding IBEW from collective bargaining. Plaintiffs ask the court to declare that the Executive Orders are ultra vires as they are in violation of Section 704, in violation of the First Amendment to the U.S. Constitution as retaliatory action, and in violation of the Fifth Amendment as a deprivation of procedural due process and abrogation of property rights, and ask that Defendants be enjoined from giving effect to the orders.

Jan. 9, 2026: The case was stayed.

American Federation of Government Employees Local 2305 v. United States Department of Veterans Affairs (D.R.I.)

1:25-cv-00583

Complaint

2025-11-04Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-11-04

On Mar. 27, President Trump issued an Executive Order (EO) 14251 that terminated certain federal employees’ collective bargaining agreements, including the National Veterans Affairs Council (NVAC), a labor organization that represents more than 300,000 employees in the Department of Veterans Affairs (VA). Following Executive Order 14251, on August 6, 2025, Secretary Collins terminated the 2023 Master Collective Bargaining Agreement with NVAC and informed them that the VA would no longer recognise them as the exclusive representative. The NVAC and the Rhode Island local chapter of the overarching government labor organization with which NVAC is affiliated filed suit on Nov. 4, alleging that the termination of the Master Agreement violated the First Amendment, both as unconstitutional retaliation against individuals engaged in protected speech, and as a form of unconstitutional viewpoint discrimination, their Fifth Amendment right to equal protection by intentionally treating them differently from others similarly situated without rational basis, and the Administrative Procedure Act (APA) as arbitrary and capricious, not in accordance with law on the grounds that the Secretary exceeded his statutory authority by issuing the Termination, and contrary to constitutional right, power, privilege, or immunity. Plaintiffs seek declaratory relief and an injunction against implementing or enforcing the termination.

National Federation of Prison Locals v. Federal Bureau of Prisons (D. Conn.)

3:25-cv-01907

Complaint

2025-11-13Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-11-13

On Sept. 25, the Director of Federal Bureau of Prisons (BOP) announced that BOP was terminating its collective bargaining agreement (CBA) with the union organization National Council of Prison Locals, American Federation of Government Employees (“the union”). BOP’s termination letter claimed the termination was based on Executive Order 14251, which exempts the agency from certain collective bargaining requirements. Plaintiffs are the union and its local branch at the Danbury federal correctional institution. Defendants are BOP and the Director of BOP. Plaintiffs claim BOP’s termination of the CBA is arbitrary and capricious, and violates the requirements of reasoned decisionmaking under the APA, as BOP did not provide any reasoned explanation for its decision to terminate the CBA. Plaintiffs further argue the termination constituted retaliation against the union’s protected speech and associational activities in violation of the First Amendment. Plaintiffs request a court order declaring the CBA termination as unlawful and prohibiting Defendants from effectuating the termination of CBA.

United Nurses Association of California v. U.S. Department of Veterans Affairs (D.R.I.)

1:25-cv-00674

Complaint

2025-12-17Awaiting Court RulingStructure of Government/PersonnelRescission of Collective Bargaining (Sec. Noem Memorandum Feb. 27, 2025) (DHS Statement Mar. 7, 2025) (Executive Order of Mar. 27, 2025) and Other Labor Rights2025-12-17

[Coming Soon]

On Dec. 17, 2025, a coalition of labor organizations filed a complaint, alleging that the Department of Veterans Affairs’ implementation of Executive Order 14251 unlawfully resulted in the elimination of Plaintiffs’ collective bargaining rights and other statutory labor protections.

National Treasury Employees Union v. Russell Vought (D.D.C.)

1:25-cv-00381

Complaint

Amended Complaint

2025-02-13

2025-02-09Government Action Temporarily BlockedStructure of Government/PersonnelDismantling of Consumer Financial Protection Bureau2025-12-30

The Consumer Financial Protection Bureau (CFPB) was created by Congress in the aftermath of the 2007–2008 great recession, to support and protect American consumers in the financial marketplace. On Feb. 7, 2025, Elon Musk posted “CFPB RIP” with a tombstone emoji on his X account. On Feb. 8, Russell Vought, the Acting Director of the CFPB, posted on X that he had notified the Federal Reserve that CFPB would not take “its next draw of unappropriated funding because it is not ‘reasonably necessary’ to carry out its duties.” In an email to CFPB employees, Vought directed the CFPB workforce to “cease all supervision and examination activity,” “cease all stakeholder engagement,” pause all pending investigations, not issue any public communications, and pause “enforcement actions.” He also notified the CFPB workforce that the Washington headquarters would be closed for the coming week. Plaintiffs allege that preventing CFPB from drawing down more funding and ordering a halt on enforcement activities constitutes an unlawful attempt to thwart Congress’s decision to create CFPB, which would be a violation of the separation of powers. They seek a declaratory judgment that Vought’s directives are unlawful and an injunction that prevents him from further attempts to dismantle CFPB’s supervision and enforcement work.

Feb. 13, 2025: Plaintiffs moved for an administrative stay and TRO enjoining defendants from taking action to terminate CFPB staff, requiring that cease work directives be lifted, and enjoining further efforts to suspend operations at CFPB.

Feb. 14, 2025: The court ordered that the defendants not delete, destroy, remove, or impair records; terminate any employee other than for cause or issue any notice of reduction-in-force to any CFPB employee; or disburse any funds, except to satisfy CFPB’s operating obligations, pending the resolution of plaintiffs’ motion for a TRO. The order also reclassified plaintiffs’ motion for a TRO as a motion for a preliminary injunction.

Feb. 24, 2025: The government filed a memorandum in opposition to the plaintiff’s motion for a TRO and preliminary injunction.

Mar. 12, 2025: Both parties filed a joint notice agreeing to extend the contract termination agreement until Mar. 28 or until the court rules on Plaintiffs’ preliminary injunction, whichever comes first. The CFPB agreed to continue to freeze all termination actions regarding contracts during this period.

Mar. 28, 2025: Judge Amy Berman Jackson granted a preliminary injunction.

Mar. 29, 2025: The government appealed Judge Jackson’s preliminary injunction order to the D.C. Circuit.

Apr. 11, 2025: Following oral argument, the D.C. Circuit, in a per curiam opinion, granted the stay in part. The Circuit stayed the preliminary injunction “insofar as it prohibits defendants from terminating or issuing a notice of reduction in force to employees whom defendants have determined, after a particularized assessment, to be unnecessary to the performance of defendants’ statutory duties.” The Circuit set the next oral argument for May 16, 2025.

Apr. 17, 2025: Plaintiffs submitted a motion for an order to show cause why the Defendants have not violated the part of the court’s preliminary injunction upheld by the D.C. Circuit through a large-scale termination of employees earlier that day. Judge Jackson ordered a hearing for the following morning.

Apr. 18, 2025: Before the hearing Plaintiffs submitted information about the terminations and Defendants submitted, per a court order, documents on the actions taken and stated reasons for them. After the hearing, Judge Jackson ordered the “the Reduction in Force announced by Acting Director Vought on or about April 17, 2025 is SUSPENDED and it may NOT be implemented, effectuated, or completed in any way until this Court has ruled on plaintiffs’ motion to enforce the preliminary injunction” (emphasis in original). The same day, the Defendants appealed the court’s order to the D.C. Circuit.

Apr. 28, 2025: The D.C. Circuit (in a 2-1 decision) rejected the Defendants’ appeal of the Mar. 28 preliminary injunction order and reinstated an element of the district court’s original preliminary injunction, which the D.C. Circuit panel had previously stayed in part.

May 7, 2025: Defendants filed an unopposed motion to voluntarily dismiss their appeal of the Apr. 18 preliminary injunction order. The D.C. Circuit granted this voluntary dismissal on May 12.

Aug. 15, 2025: The D.C. Circuit, by a 2-1 vote, vacated and remanded a preliminary injunction, effectively allowing the administration to resume workforce cuts at the Consumer Financial Protection Bureau (CFPB). The majority ruled that the district court lacked jurisdiction because the administration’s actions were not “final agency actions” and not ripe for review, finding no unusual hardship from postponing review. Judge Pillard dissented, warning that “[t]he notion that courts are powerless to prevent the President from abolishing the agencies of the federal government” contradicts the Constitution.

Dec. 30, 2025: Judge Jackson granted Plaintiffs’ motion to clarify the preliminary injunction, finding that the administration cannot defund the Consumer Financial Protection Bureau by failing to request funding from the Federal Reserve.

Rise Economy v. Vought (D.D.C.)

1:25-cv-02374

Complaint

Amended Complaint

2025-10-29

2025-07-23Awaiting Court RulingStructure of Government/PersonnelDismantling of Consumer Financial Protection Bureau2025-10-29

The Consumer Financial Protection Bureau (CFPB), under Acting Director Russell Vought, issued an interim final rule delaying the implementation of the Lending Transparency Rule—originally designed to enforce Section 1071 of the Dodd-Frank Act, which mandates data collection on small business lending. The CFPB also announced a general policy of non-enforcement of the rule, citing resource constraints and fairness concerns, and indicated plans to reconsider aspects of the rule in future rulemaking. Plaintiffs are a group of businesses and a small business owner, who allege that the CFPB’s delay and non-enforcement of Section 1071 impedes the ability of small businesses to succeed by limiting access to critical lending data which impairs research, advocacy and community development while affects their members’ ability to identify and address credit access disparities. Plaintiffs allege that CFPB’s action violates the Administrative Procedure Act and they seek to invalidate the policy and its related rules.

Oct. 29, 2025: Plaintiffs filed an amended complaint.

Mayor and City Council of Baltimore et al. v. CFPB (D. Md.)

1:25-cv-00458

Complaint

2025-02-12Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling of Consumer Financial Protection Bureau2025-06-12

On Feb. 7, 2025, President Trump named OMB Director Russell Vought as the Acting Director of the Consumer Financial Protection Bureau (CFPB). On Feb. 8, Vought instructed CFPB employees to stop performing any work tasks and notified the Federal Reserve Board of Governors that he was requesting $0 for the third quarter of fiscal year 2025. Plaintiffs allege that these and other statements and actions by Vought, President Trump, and Elon Musk indicate that the CFPB will be deprived of operating funds and will be unable to perform its statutorily mandated functions. Plaintiffs allege that the Baltimore City Law Department has an active account with the CFPB and uses the CFPB customer complaint database and attends trainings put on by the CFPB. Plaintiffs also claim injury because their constituents will be deprived of the CFPB’s enforcement actions against predatory business practices. The second plaintiff, Economic Action Maryland Fund, is a direct services nonprofit that operates in Maryland. For part of its work, the organization relies on the CFPB complaint databases and other resources CFPB publishes under the Home Mortgage Disclosure Act. Plaintiffs claim that defendants’ actions violate the Administrative Procedure Act (including that Vought’s actions allegedly violate the statutory requirement for the Director to request transfer of an amount “reasonably necessary to carry out the authorities of the Bureau under Federal consumer financial law.” Plaintiffs seek a declaratory judgment saying as much, as well as an injunction that would prevent defendants from defunding CFPB.

June 12, 2025: Plaintiffs voluntarily dismissed the case without prejudice as the Defendants have repeatedly represented that there is no mechanism by which the Defendants can transfer money away from, or otherwise relinquish control over the money in, the Bureau fund. On this basis, Plaintiffs have voluntarily dismissed the action but will undertake further actions as appropriate if Defendants later transfer Bureau funds in contradiction of their representations.

State of New York v. Vought (D. Or.)

0:25-cv-02384

Complaint

2025-12-22State A.G. PlaintiffsAwaiting Court RulingStructure of Government/PersonnelDismantling of Consumer Financial Protection Bureau2025-12-22

Plaintiffs in the lawsuit are 18 states and the District of Columbia. Defendants are Russell Vought, the acting director of the Consumer Financial Protection Bureau (CFPB), the CFPB, and the Board of Governors of the Federal Reserve System. Plaintiffs allege that defendant Vought has adopted a new interpretation of the law governing funding of the CFPB that will, by its implementation, terminate all funding for the Bureau. Plaintiffs further allege that “An inoperable CFPB will immediately harm the Plaintiffs, which will lose statutorily guaranteed access to data and systems that plaintiffs use to further their own regulatory goals and protection of their citizens.” Plaintiffs argue that the defendants’ decisions about funding are contrary to Congressional mandates concerning CFPB funding and also violate the Administrative Procedure Act (“APA”) and the Constitution. Plaintiffs primarily ask the court to declare that the challenged funding interpretations are unlawful and unconstitutional; declare unlawful defendant Vought’s decision not to request funds for the CFPB from the Federal Reserve; compel the defendants to use the statutory funding formula previously used by the government and request funding for the CFPB from the Federal Reserve; and permanently enjoin the defendants’ challenged decisions and any actions to implement them.

Brehm v. Marocco (D.D.C.)

1:25-cv-00660

Complaint

2025-03-06Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelDismantling the U.S. African Development Foundation (Executive Order 14217)2025-06-10

On Feb. 19, President Trump issued Executive Order 14217, which directed that “non-statutory components and functions” of four government entities, including the U.S. African Development Foundation (USADF), “be eliminated,” among other actions. On Feb. 21, DOGE allegedly demanded access to USADF information systems, and USADF staff informed them of legal requirements that DOGE employees would have to satisfy before access was provided. On Feb. 24, Ward Brehm, a member of the USADF Board, allegedly received notice from the White House Presidential Personnel Office (PPO) that he had been terminated. On Feb. 28, USADF management allegedly received a letter from PPO appointing Pete Marocco as acting Chair of the Board of USADF. On Mar. 3, previously appointed members of the Board allegedly held an emergency meeting and determined that Marocco’s appointment was unlawful. On Mar. 5, Brehm allegedly informed DOGE that Marocco did not hold a position with USADF and instructed USADF staff to deny him access to its offices.


On Mar. 6, Brehm in his personal and official capacity, filed suit against Marocco, DOGE, and President Trump, arguing the defendants actions are (1) an ultra vires violation of the African Development Foundation Act as Marocco was neither nominated to the Board nor confirmed by the Senate; (2) an ultra vires violation of the separation of powers; (3) a violation of the APA as not in accordance with the law and in excess of statutory authority. Brehm seeks a declaratory judgment that he is the President of USADF and Marocco’s appointment was unlawful; preliminary and permanent injunctive relief; and, in the alternative, a writ of mandamus prohibiting his removal by any entity other than the Board. The same day, Plaintiff filed a motion for a temporary restraining order.

Update 1: On Mar. 6, Judge Richard J. Leon issued an administrative stay prohibiting Brehm from being removed from office and Marocco from being appointed to the Board.

Update 2: On Mar. 11, Judge Leon issued a Memorandum Order denying the TRO request. “The heart of the problem is that Brehm has not identified any cognizable irreparable harm to himself as opposed to potential harm to the agency and its partners,” Judge Leon wrote (emphasis in original). As an aside, Judge Leon wrote that “Brehm raise[sic] a colorable Appointment Clause claim,” that the Vacancy Act does not permit the appointment of Marocco and “[t]he Court has not found–nor has the Government identified–any other statute that provides President Trump with the authority to appoint Marocco as the Acting Chairman of the Board.”

Update 3: On Mar. 21, the Plaintiff submitted a motion for summary judgment and for a preliminary injunction.

Update 4: On Mar. 31, Defendants submitted a cross-motion for summary judgment alongside their opposition to Plaintiff’s motion for a preliminary injunction. Defendants contend that Brehm is not entitled to the requested relief, asserting that the harm he may have experienced is neither irreparable nor warrants extraordinary relief.

Update 5: On Apr. 4, Plaintiff filed a combined reply in support of their motion for summary judgment and preliminary injunction and in response to Defendants’ motion for summary judgment. Plaintiffs request that the court enter an order confirming Brehm as the lawful President of USADF and reject Defendants’ efforts to circumvent the role that the Appointments Clause provides Congress in the appointment of federal officers. On that same day, Plaintiff filed a response to Defendants’ statement of material facts as to which there is no genuine dispute.

Update 6: On Apr. 9, Defendants filed a reply in further support of their cross motion for summary judgment, arguing that Brehm cannot succeed on the merits of his case.

Update 7: On Jun. 10, Judge Leon granted Defendants’ motion for summary judgment, finding that President Trump was acting within his legal authority when he fired the USADF’s board members in February.

Rural Development Innovations Limited v. Marocco (D.D.C.)

1:25-cv-01631

Complaint

2025-05-21Government Action Temporarily BlockedStructure of Government/PersonnelDismantling the U.S. African Development Foundation (Executive Order 14217)2025-07-01

On Feb. 19, 2025, President Trump issued Executive Order (EO) 14217, which directed that “non-statutory components and functions” of four government entities, including the U.S. African Development Foundation (USADF), “be eliminated,” among other actions. To carry out the EO’s directives, the Presidential Personnel Office declared that USADF was “board-less” and appointed Pete Marocco as Acting Chair of the Board. Marocco then held a board meeting at which he was the sole attendee, made a motion to appoint himself as the President of USADF, and voted for and adopted his own motion. In that capacity, he authorized the termination of nearly all USADF employees, contracts, and grants. Rural Development Innovations, a consulting firm that receives all of its funding from USADF, and Paul Olson and Solomon Chi, recently terminated USADF employees, filed suit against Pete Marocco, the Department of Government Efficiency, and numerous government officials to challenge the Defendants’ actions.

Plaintiffs argue that the appointment of Marocco as Acting Chair of the Board of USADF is ultra vires because the Federal Vacancies Reform Act, the statute that grants Presidents the authority to appoint acting officials, does not apply to entities like USADF. Plaintiffs further argue that Marocco’s appointment as Acting Chair and as President of USADF and his actions in that purported capacity are ultra vires because the African Development Foundation Act, which created USADF, requires that board members be appointed with the advice and consent of the Senate and that Presidents be appointed by the board. Plaintiffs further claim that Defendants’ termination of USADF’s contracts, grants, and employees violates USADF’s organic statute, which requires USADF to perform certain statutory functions. Plaintiffs further allege that Defendants’ have violated a number of Constitutional provisions, including the Appointments Clause, Spending Clause, Take Care Clause, and the separation of powers. Plaintiffs also claim that Defendants have violated the Administrative Procedure Act by taking actions that are contrary to the law and in excess of statutory authority. Plaintiffs seek declaratory relief, as well as preliminary and permanent injunctions.

July 1, 2025: The district court granted Plaintiff Rural Development Innovations’ (RDI) motion for a preliminary injunction, but denied the motion as it pertained to Plaintiffs Paul Olson and Solomon Chi. With regard to RDI, the court enjoined President Donald Trump’s subordinates from carrying out his directives related to reducing USADF’s functions.

American Federation of Gov’t Employees, AFL-CIO v. Ezell (D. Mass.)

1:25-cv-10276

Complaint

Amended Complaint

2025-03-31

2025-02-04Government Action Not Blocked Pending AppealStructure of Government/Personnel“Fork Directive” deferred resignation offer to federal employees (OPM Directive)2025-10-07

On January 28, 2025, the Office of Personnel Management sent an email to career federal employees presenting what it described as a deferred resignation program, an offer to receive compensation until September 30, 2025 if they resign now (“Fork Directive” email). A deadline for the offer was set for February 6, 2025. Plaintiffs filed suit, arguing the directive violates the Administrative Procedure Act (APA) because it is “arbitrary and capricious” and not in accordance with the Antideficiency Act. They seek a declaratory judgment that the directive violates the APA and that the directive be vacated; they also seek an preliminary and permanent injunction of the February 6, 2025 deadline and an order that OPM submit for court approval a corrected communication for all employees who received the directive.

Feb. 5, 2025: Plaintiffs requested a temporary restraining order and that within 24 hours of the TRO, the Government provide written notice of the TRO to all federal employees who have received the directive.

Feb. 6, 2025: Judge George O’Toole issued an order to pause the program and extend the deadline until Monday when a hearing is scheduled.

Feb. 10, 2025: Judge O’Toole ordered that the stay of the Feb. 6 deadline will remain in effect “pending the completion of briefing and oral argument on the issues.” Defendants notified the Court of their compliance with the order.

Feb. 12, 2025: Judge O’Toole dissolved the TRO and denied further preliminary injunctive relief, finding that the plaintiffs lacked Article III standing and that the court lacked subject matter jurisdiction over the claims asserted.

Mar. 31, 2025: Plaintiffs amended their complaint to include additional factual allegations and additional Administrative Procedure Act and ultra vires claims related to the Fork Directive deferred resignation program and OPM’s implementation of it.

May 8, 2025: Defendants filed a motion to dismiss the amended complaint for lack of jurisdiction and failure to state a claim for which relief can be granted.

Sept. 24, 2025: Judge O’Toole granted defendants’ motion to dismiss for lack of jurisdiction and lack of standing and entered an opinion and order dismissing the case.

Oct. 7, 2025: Plaintiffs filed a notice of appeal to the First Circuit.

U.S. Institute of Peace v. Jackson (D.D.C.)

1:25-cv-00804

Complaint

Amended Complaint

2025-03-24

2025-03-18Government Action Not Blocked Pending AppealStructure of Government/PersonnelActions Toward US Institute of Peace2025-11-26

On Feb. 19, 2025, President Trump issued an Executive Order (EO) mandating the reduction of the size of the federal government. The EO named the United States Institute of Peace (USIP), an independent nonprofit corporation created by Congress, as one of the entities covered by the EO. Since the EO was issued, all of USIP’s Board members were fired by President Trump. Several members of Trump’s cabinet who served as ex officio Board members fired USIP’s President and appointed a new President. Members of the Department of Government Efficiency (DOGE), with the help of law enforcement, physically trespassed onto USIP’s headquarters and forcibly took over the building. USIP, along with several Board members, filed suit against numerous Defendants, including President Trump, DOGE, and the ex officio Board members. The Plaintiffs argue that since Congress created USIP as an independent non-profit corporation outside of the Executive Branch, the President has no authority to take action towards USIP not permitted by the statute. They also argue that since the statute outlines the process through which Board members and the President may be removed and because that process was not followed, the removals are unlawful and without legal effect. The Plaintiffs seek preliminary and permanent injunctions ordering that the Board members and President cannot be removed or be treated as having been removed unless the Defendants follow the statutorily required procedure. They also seek injunctions prohibiting trespass against USIP’s real and personal property and prohibiting Defendants from exercising any access or control over USIP’s offices, computer systems, or records. Finally, the Plaintiffs request that the Court declare that the Board Member Plaintiffs remain members of the Board, the President remains in his position, and the President appointed by the ex officio Board members has not been lawfully appointed to any position in USIP.

Update 1: On Mar. 19, Defendants filed a motion opposing Plaintiffs’ motion for a temporary restraining order (“TRO”), asserting that the president’s authority in the firings is unrestricted and non-justiciable, and that Plaintiffs lack standing and have not suffered irreparable harm.

Update 2: On Mar. 19, the Court denied the Plaintiffs’ motion for a TRO. The Court said the Plaintiffs did not make a sufficient showing of a likelihood of success on the merits or irreparable harm.

Update 3: On Mar. 24, Plaintiffs filed an amended complaint reflecting additional plaintiffs and details regarding the administration’s ongoing efforts to dismantle the USIP. The amended complaint additionally alleges that Defendants’ actions violate the Administrative Procedure Act and seeks a preliminary and permanent injunction to rescind terminations of USIP leadership taken since initiation of the lawsuit.

Update 4: On Mar. 31, 2025, Plaintiffs filed a motion under the All Writs Act for a status conference on the case and requesting that the court suspend efforts taken by Defendants to transfer USIP property to the General Services Administration until the court can resolve the issue.

Update 5: On Mar. 31, Defendants filed a memorandum opposing Plaintiffs’ motion under the All Writs Act, asserting that Plaintiffs have no legal authority to sue and have not shown the requisite likelihood of irreparable harm and that Defendants’ actions were lawful.

Update 6: On Apr. 1, Plaintiffs filed a memorandum supporting their motion under the All Writs Act, reasserting that the president does not have at-will removal authority over the USIP’s board of directors.

Update 7: On Apr. 1, Judge Beryl Howell issued a minute order denying the All Writs Act motion in part as moot and in part on the merits.

Update 8: On Apr. 4, Plaintiffs filed a motion for summary judgment and an accompanying statement of material facts, asserting that the facts of the case as stipulated by both parties establish that the president does not have authority to fire members of the USIP’s board at will.

Update 9: On Apr. 5, Plaintiffs filed an amended motion for summary judgement.

Update 10: On Apr. 11, Defendants filed a cross-motion for summary judgement and to oppose the Plaintiffs’ motion for summary judgement. Defendants argue that because USIP does not exercise legislative or judicial functions, it necessarily must be considered to exercise executive functions, thereby making it part of the Executive Branch and making its officers removable by the President. Defendants also argue that, in any case, the Plaintiffs requested relief, reinstatement, is improper and beyond the equitable authority of the courts as it would put the Judicial Branch directly at odds with the President in his exercise of his duties.

Update 11: On Apr. 18, Plaintiffs filed a reply in support of their motion for summary judgment and in opposition to the Defendants’ cross-motion for summary judgement. Plaintiffs put forth several arguments reiterating their claim that USIP is an independent corporate entity and does not sit within any of the three branches of government. Even if USIP is an executive agency, Plaintiffs argue, the composition of its board allows for placing limitations on the President’s removal of its officers.

Update 12: On Apr. 26, Defendants filed a reply in further support of their cross-motion for summary judgment, asserting the President has the authority to remove USIP’s board in his discretion and that Trump appropriately exercised this discretion through his EO.

Update 13: On May 19, Judge Howell granted a summary judgment for the Plaintiffs.

Update 14: On May 21, Defendants appealed Judge Howell’s summary judgment order.

Update 15: The D.C. Circuit issued an unanimous order on Jun. 27 granting the government’s request for a stay of Judge Howell’s May 19 summary judgment pending appeal. The D.C. Circuit decision allows the administration to continue enforcing Executive Order 14217 which terminates the “non-statutory components and functions” of the United States Institute of Peace and its appointed board members.

Update 16: On Jun. 29, Plaintiffs petitioned the D.C. Circuit for an emergency rehearing en banc and an emergency administrative stay while the appeals court considers the en banc petition, citing the drastic changes made by DOGE and President Trump. Plaintiffs argue that similar government action without a stay could endanger its continued operational existence before.

Update 17: On Jul. 24, the D.C. Circuit denied Plaintiffs’ motion for en banc reconsideration and leave to reply.

Update 18: As of Nov. 26, the D.C. Circuit continues to hold the appeal in abeyance pending a decision in Trump v. Slaughter, No. 1:25-cv-00909 (D.D.C.)

Pippenger v. U.S. DOGE Service (D.D.C.)

1:25-cv-01090

Complaint

2025-04-10Temporary Block of Government Action DeniedStructure of Government/PersonnelActions Toward US Institute of Peace2025-07-07

The United States Institute of Peace (USIP) is a non-profit that was created by Congress in 1984 to promote peaceful conflict resolution worldwide. On Mar. 14, 2025, members of the USIP Board of Directors were fired at the direction of President Donald Trump, which was followed by additional employee terminations and other actions by the Department of Government Efficiency (DOGE) to terminate USIP programs and contracts. Plaintiffs are former USIP employees, board members, and other affiliates who are suing Trump, DOGE, USIP and others. Plaintiffs allege that (1) the removal of USIP board members and termination of USIP employees were Ultra Vires actions in violation of the USIP Act and the Constitution and arbitrary and capricious actions in violation of the Administrative Procedure Act and (2) the dismantling of USIP and its programs was an arbitrary and capricious action in violation of the Administrative Procedure Act and a violation of the separation of powers / Ultra Vires. Plaintiffs ask the court to enjoin Defendants from transferring assets outside of USIP or further terminating USIP employees, restore certain benefits to those who have already been terminated, and enjoin Defendants from disclosing information about former employees and other USIP affiliates. Plaintiffs also ask the court to declare Defendants’ actions unlawful and ultra vires and restore USIP’s Board.

Apr. 14, 2025: Plaintiffs filed a motion for a TRO arguing, among other things, that they are suffering irreparable harm as a result of the terminations.

Apr. 15, 2025: Defendants filed an opposition to Plaintiffs’ motion for a TRO arguing the terminations were lawful.

Apr. 17, 2025: Judge Howell denied Plaintiffs’ TRO for failure to articulate particularized harm and likelihood of success on the merits.

June 5, 2025: Judge Howell granted the parties’ joint motion to stay the proceedings pending the outcome of a motion to stay in U.S. Institute of Peace v. Jackson.

July 7, 2025: Judge Howell modified the June 5 order to extend the duration of the stay pending the outcome of U.S. Institute of Peace’s en banc petition with the D.C. Circuit in U.S. Institute of Peace v. Jackson.

Democratic National Committee v. Trump (D.D.C.)

1:25-cv-00587

Complaint

2025-02-28Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelAssertion of Executive Control of Independent Agencies (Executive Order 14215)2025-06-03

On Feb. 18, 2025, President Trump issued an executive order asserting that the Constitution vests all executive authority in the President, arguing that independent regulatory agencies exercise executive functions, and declaring the administration’s policy that such agencies fall under the supervision and control of the President. Such supervision and control requires independent agencies to abide by the President and Attorney General’s interpretations of the law. Plaintiffs, three national committees of the Democratic Party, filed suit as to how the order applies to the Federal Election Commission, an independent regulatory agency. They ask the court under the judicial review provisions of the Federal Election Campaign Act (FECA) to construe as constitutional the provisions of the Act that vest members of the Commission with authority to interpret it (rather than the President); and they argue the order violates the FECA. They seek declaratory judgment that the FECA is constitutional and that the executive order is unlawful as applied to the FEC; and they seek preliminary and permanent injunctive relief.

Update 1: On Mar. 11, Plaintiffs filed a motion for a preliminary injunction, along with a memorandum reasserting that the EO violates FECA and that plaintiffs will suffer irreparable harm absent an injunction.

Update 2: On Mar. 14, Trump and Attorney General Pam Bondi, in their capacities as defendants, filed a motion to dismiss. In an accompanying memorandum, they assert that plaintiffs lack standing to sue and failed to properly state a claim and that the court lacks subject-matter jurisdiction to hear the case.

Update 3: On Mar. 21, the FEC and its individual commissioners, in their capacities as defendants, filed a motion to dismiss. In an accompanying memorandum, they assert various deficiencies in plaintiffs’ suit, including failure to state a claim and lack of standing, ripeness, and subject-matter jurisdiction.

Update 4: On Mar. 25, Trump and Bondi, in their capacities as defendants, filed a memorandum opposing plaintiffs’ motion for a PI, asserting that plaintiffs’ claim lacks standing and ripeness and that plaintiffs have failed to establish imminent irreparable harm.

Update 5: On Mar. 25, the FEC and its individual commissioners, in their capacities as defendants, filed a memorandum opposing plaintiffs’ motion for a PI, asserting that plaintiffs’ alleged injuries are speculative and therefore neither imminent nor irreparable.

Update 6: On April 1, plaintiffs filed a reply in support of their motion for PI reiterating their position that the EO violates FECA and is causing irreparable harm.

Update 7: On Apr. 2, plaintiffs filed a consolidated memorandum in opposition to both President Trump’s and Attorney General Bondi’s and the FEC’s motions to dismiss. Plaintiffs argue that they have sufficient standing to bring suit, and that they properly stated claims.

Update 8: On Apr. 7, defendants Donald Trump and Pamela Bondi filed a reply memorandum in support of their motion to dismiss, reiterating their allegations that the plaintiffs’ claims lack standing and alleging failure to state a claim for relief.

Update 9: On Apr. 7, the FEC filed a reply to the plaintiffs’ response to the FEC’s motion to dismiss, reiterating their allegations that the plaintiffs’ claims lack standing.

Update 10: On Jun. 3, Judge Ali granted the Defendant’s motion to dismiss the Plaintiff's lawsuit.

American Association of People With Disabilities v. Dudek (D.D.C.)

1:25-cv-00977

Complaint

2025-04-02Temporary Block of Government Action DeniedStructure of Government/PersonnelChanges to Social Security Administration2025-07-07

On Jan. 20, President Donald Trump issued Executive Order No. 14158 establishing the Department of Government Efficiency Service (DOGE), which is allegedly led by Elon Musk. Under the direction of Defendants Musk and DOGE, the Social Security Administration (SAA) has eliminated two offices that enable it to meet the needs of beneficiaries with disabilities: the Office of Civil Rights and Equal Opportunity (OCREO) and the Office of Transformation. SAA’s workforce has also been significantly reduced, which is impacting its ability to provide its beneficiaries of essential services, and SSA has eliminated the ability of many beneficiaries to use the telephone to, among other things, file benefit claims. Plaintiffs are disability rights organizations and individuals with disabilities, including older adults, who depend on Social Security benefits to meet their most basic and essential needs. They are suing the SAA, DOGE, and the leaders of these two organizations for their roles in dismantling and reducing the SAA workforce. Plaintiffs allege the government’s actions constitute violations of Section 504(a) of the Rehabilitation Act of 1973, Fifth Amendment procedural due process, the First Amendment right to petition the government, and the Administrative Procedure Act (APA) (specifically, claiming that these actions are arbitrary and capricious, in excess of statutory authority, not in accordance with law, and unlawfully withheld). Plaintiffs seek declaratory and injunctive relief to halt the restrictions on access to SSA benefits and ensure SAA is compelled to fulfill its statutory duties following the dismantling of its workforce.

Update 1: Plaintiffs filed a motion for a preliminary injunction requesting that the Court order SSA and DOGE to revoke their actions and prevent these agencies from making additional workforce changes until they can ensure such changes will not impact Plaintiffs’ access to services.

Update 2: On Apr. 3, the Court granted Plaintiffs’ motion for a preliminary injunction without issuing a full opinion due to the expedited nature of the matter.

Update 3: On Apr. 16, SSA and DOGE filed their opposition to Plaintiffs’ motion for a preliminary injunction. These agencies argue that Plaintiffs lack standing to bring their claims, the court lacks subject matter jurisdiction over the claims, Plaintiffs’ claims fail on the merits, and that the SSA’s administrative reforms were adequately explained and subject to agency discretion.

Update 4: On Apr. 21, Plaintiffs filed a reply in support of their motion for a preliminary injunction in which they note SSA and DOGE provide no evidence of widespread fraud to justify their overhaul of the SSA.

Update 5: On May 6, the Court issued an order denying the Plaintiffs’ motion for a preliminary injunction because the Plaintiffs had not demonstrated irreparable harm.

Update 6: On July 7, Plaintiffs filed an amended complaint in which they removed their First Amendment, Fifth Amendment Due Process, agency action not in accordance with law APA violation, and arbitrary and capricious agency action APA violation claims.

National Endowment for Democracy v. United States (D.D.C.)

1:25-cv-00648

Complaint


Amended Complaint 2025-06-30

2025-03-05Government Action Temporarily BlockedStructure of Government/PersonnelDenial of State Department Funds, Compelled Political Speech in Government Agencies2025-10-14

The National Endowment for Democracy (NED) filed suit challenging the Executive Branch’s withholding of funds appropriated to the Endowment by Congress. The NED was established by the National Endowment for Democracy Act of 1983. In the Act, Congress specified that the NED would be funded by annual congressional appropriations, which would then be disbursed to the Endowment via grants from the Department of State. The statute also prescribes that the Endowment must withdraw funds from an account held by the Department of Treasury on an as-needed basis. The original complaint alleges that for the past month, “the Executive Branch has denied the Endowment access to its congressionally appropriated funds—something that has never occurred before in the Endowment’s forty-two-year existence.” In response to the court’s initial injunction, the impounded funds were turned over by the government. However, the complaint as amended on June 30 alleges that the Office of Management and Budget (“OMB”) has not apportioned funds Congress designated for NED for the fiscal year 2025. As a result, the Endowment claims it is “experiencing a devastating cash flow crisis that jeopardizes its ability to fulfill its mission and its very existence, as well as that of its core institutes and grantees.” The complaint alleges that the Executive Branch is obligated by the NED Act to grant the funds appropriated by Congress, and by not doing so, it is acting “contrary to law and in excess of statutory authority because the statutory scheme creates a mandatory, non-discretionary duty for Defendants to make available, obligate, and disburse the Endowment’s congressionally appropriated funds.” The complaint argues that the administration’s actions constitute an “unlawful impoundment” in violation of the Administrative Procedure Act, the All Writs Act, the Presentment Clause, the Appropriations Clause, the Take Care Clause, and the Separation of Powers. Plaintiffs seek declaratory and injunctive relief, a temporary restraining order and preliminary injunction barring Defendants from impounding the Endowment’s funds.

Update 1: On Mar. 6, plaintiffs filed a motion for a temporary restraining order.

Update 2: On Mar. 11, parties jointly moved to stay proceedings on the TRO because the NED received part of its obligated funds requested in late Jan. and is in the process of receiving the remaining appropriated funds. The court granted the motion.

Update 3: The Plaintiffs on June 30 amended the complaint to allege that the OMB has not apportioned the funds Congress had already budgeted for fiscal year 2025 for NED.

Update 4: On July 21, Plaintiffs filed a motion for a preliminary injunction and supporting memorandum in which they request that the court enter an order that would stop Defendants and those they supervise from withholding or otherwise interfering with NED’s congressionally mandated funding.


Update 5: On August 11, Judge Friedrich granted a preliminary injunction, halting the administration from withholding funds for the National Endowment for Democracy for the 2025 fiscal year. The court found the grant was withheld “for impermissible policy reasons,” ruling that the administration cannot deny funding on the grounds that the Endowment’s projects do not align with executive priorities. The opinion did not address whether the administration could block funding “in all instances.”

Update 6: On October 9, the government filed a notice to appeal the preliminary injunction to the D.C. Circuit court. The appeal was filed in D.D.C. on October 14.

John and Jane Does 1-9 v. Department of Justice (D.D.C.)

1:25-cv-00325

Complaint (Feb. 4, 2025) Amended Complaint (Feb. 24, 2025)

2025-02-04Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelDepartment of Justice review of FBI personnel involved in January 6th and classified documents investigations (Executive Order 14147)2025-07-17

After President Donald Trump’s second inauguration, the Department of Justice terminated employees who were involved in investigations into the January 6, 2021 attack on the U.S. Capitol and President Donald Trump’s alleged mishandling of classified documents. On February 2, FBI leadership, pursuant to a directive from the acting deputy attorney general, instructed agents to fill out a survey identifying their specific roles in those investigations. Plaintiffs in this class action suit, employees or agents of the FBI who participated in the investigations and expect to be terminated for their roles, allege that such termination would violate protections against political retaliation under the Civil Service Reform Act, First Amendment protections for political expression, and Fifth Amendment Due Process protections. Plaintiffs also allege that publication or dissemination of the surveys regarding their roles in the investigations would violate the Privacy Act and place them at risk of serious harm. They seek an injunction against “the aggregation, storage, reporting, publication or dissemination” of information identifying FBI personnel involved in the relevant investigations. The plaintiffs also requested a temporary restraining order to stop the defendants from “aggregating and disseminating information” to any person not subject to the Privacy Act, including the President, Vice President, and members of their staff.

Update 1: On Feb. 6, 2025, Judge Jia Cobb ordered consolidation of this case and Federal Bureau of Investigation Agents Association v. Department of Justice.

Update 2: On Feb. 7, 2025, Judge Jia Cobb issued a temporary restraining order, which had been mutually proposed by the parties. The TRO prohibits the government from publicly releasing any list before the court rules on whether to grant a preliminary injunction. The briefings for a preliminary injunction will be filed by March 21, 2025.

Update 3: On Feb. 24, 2025, Plaintiffs filed an amended complaint, a motion for preliminary injunction, and a memorandum in support of the motion for preliminary injunction.

Update 4: On Feb. 28, 2025, Judge Cobb denied Plaintiffs' motion for expedited discovery without prejudice but announced that the Court will entertain a narrowed motion for discovery on discrete issues concerning this Court's jurisdiction or issues essential to Plaintiffs' motion for preliminary injunction.

Update 5: On Mar. 14, 2025, the Defendants filed an opposition to the plaintiffs’ motion for preliminary injunction, claiming that the court does not have subject matter jurisdiction, but even if it did the plaintiffs have not shown they will suffer irreparable harm and are unlikely to succeed on the merits.

Update 6: On Mar. 21, 2025, the Plaintiffs filed a reply in support of their motion for preliminary injunction, claiming that the issuance of a narrow preliminary injunction is warranted here because it would protect the names of the FBI agents who investigated crimes committed on January 6 who might be targeted if their names were released.

Update 7: On Mar. 24, 2025, the Defendants filed a reply in support of motion to dismiss, claiming that the plaintiffs have no cognizable claim and that they speculate about the possibility of future conduct, and therefore those issues are not ripe for the court’s consideration.

Update 8: On Apr. 18, Defendants filed a supplemental memorandum in support of their motion to dismiss in which they assert that their discovery responses prove that they did not share information outside of the Department of Justice (DOJ) and that it is impermissible for the Plaintiffs to ask the court to issue an advisory opinion on speculative future conduct.

Update 9: On July 17, Judge Cobb granted the Defendants’ motion to dismiss for lack of subject matter jurisdiction, finding that Plaintiffs did not have standing. "Plaintiffs’ claims are too speculative. They do not plausibly allege that Defendants are about to engage in any of the conduct agents are worried about. Accordingly, Plaintiffs lack standing," the court wrote.

Federal Bureau of Investigation Agents Association; John Does 1-4; Jane Does 1-3 v. Department of Justice (D.D.C.)

1:25-cv-00328

Complaint

2025-02-04Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelDepartment of Justice review of FBI personnel involved in January 6th and classified documents investigations (Executive Order 14147)2025-07-17

On January 31, 2025, Acting Deputy Attorney General Emil Bove issued a memo ordering the resignation or firing of FBI agents who had participated in the investigations into the January 6, 2021, insurrection at the U.S. Capitol. On February 2, 2025, FBI leadership, pursuant to a directive from Bove, instructed agents to fill out a survey identifying their specific roles in those investigations. Plaintiffs, the union that represents FBI agents and several agents who worked on investigations related to January 6, allege that the Department of Justice intends to use this survey for public disseminate identifying information about the FBI personnel and/or for firing and demoting agents who participated in the investigations, violating the Privacy Act, the Administrative Procedure Act, First Amendment protections, and Fifth Amendment Due Process protections. They seek injunctive relief against “any further collection or dissemination” of personally identifiable information and a writ of mandamus as necessary to compel rescission of any unlawful termination orders. The plaintiffs also requested a temporary restraining order to prevent the public disclosure of the identities of the FBI agents.

Update 1: On Feb. 6, 2025, Judge Cobb ordered consolidation of this case and John and Jane Does 1-9 v. Department of Justice.

Update 2: On Feb. 7, 2025, Judge Cobb issued a temporary restraining order, which had been mutually proposed by the parties. The TRO prohibits the government from publicly releasing any list before the court rules on whether to grant a preliminary injunction. The briefings for a preliminary injunction will be filed by March 21, 2025.

Update 3: On July 17, Judge Cobb granted the Defendants’ motion to dismiss for lack of subject matter jurisdiction, finding that Plaintiffs did not have standing. "Plaintiffs’ claims are too speculative. They do not plausibly allege that Defendants are about to engage in any of the conduct agents are worried about. Accordingly, Plaintiffs lack standing," the court wrote.

Comans v. Department of Homeland Security (D.D.C.)

1:25-cv-00624

Complaint

2025-03-04Awaiting Court RulingStructure of Government/PersonnelDisclosure of civil servant personnel records2026-01-16

On Feb. 11, 2025, Plaintiff Mary Comans, a member of the Senior Executive Service serving as the CFO of FEMA, was fired. Her firing was announced in a Department of Homeland Security press release, which stated, “DHS will not sit idly and allow deep state activists to undermine the will and safety of the American people.” Comans filed a complaint alleging that the actions of of the administration violated the Privacy Act by (1) unlawfully disseminating protected information; (2) failing to collect information directly from Comans resulting in adverse determinations concerning her rights; (3) failing to accurately maintain her records; and (4) failure to make reasonable efforts to ensure her records are accurate. She seeks declaratory judgments that defendants’ actions were unlawful and monetary damages.

Jan. 16, 2026: The parties filed a joint status report in which they disclosed that Defendants have produced Plaintiff’s personnel file and intend to move to dismiss on the ground that the only disclosed information—her termination–does not violate the Privacy Act. Plaintiff disputes the need for a motion to dismiss and instead seeks limited, targeted discovery into the origin of the allegedly unlawful disclosures, including potential statements by FEMA/DHS public affairs officials, and requested a status conference to discuss a discovery schedule.

Alliance for Retired Americans v. Scott Bessent et al (D.D.C.)

1:25-cv-00313

Complaint

2025-02-03Temporary Block of Government Action DeniedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-03-07

The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs sued on behalf of members whose records may have been transmitted from the Treasury Department to DOGE employees, thus allegedly depriving the members of privacy. The lawsuit seeks an injunction and declaratory relief, as well as a temporary restraining order, for alleged violations of the Administrative Procedure Act and actions in excess of legal authority under the Privacy Act.

Feb. 6, 2025: The parties in the suit mutually proposed an order that Judge Colleen Kollar-Kotelly adopted. It limits access to Treasury Department payment records and systems to two (Musk-affiliated) Special Government Employees in the Department (“read-only” access), other employees who need to access the record to perform their duties, or individuals who are already entitled to access the records under statute.

Feb. 20, 2025: The court issued an order accepting an unopposed motion to modify the Feb. 6 order.

Feb. 25, 2025: Following a hearing the previous day, the court ordered “that Defendants shall file the administrative record underlying the decisions challenged in this case on or before March 10, 2025.”

Mar. 7, 2025: Judge Kollar-Kotelly denied plaintiffs’ motion for a preliminary injunction on the grounds that plaintiffs have not cleared the “high standard” of showing a likelihood of an irreparable injury that is “beyond remediation.” She noted, “If Plaintiffs could show that Defendants imminently planned to make their private information public or to share that information with individuals outside the federal government with no obligation to maintain its confidentiality, the Court would not hesitate to find a likelihood of irreparable harm.”

AFL-CIO v. Dep’t of Labor (D.D.C.)

1:25-cv-00339

Complaint

2025-02-05Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-08-27

On Feb. 5, 2025, DOGE sought access to internal information systems at the Department of Labor. Plaintiffs sued, arguing DOGE’s attempt to direct the agency and access internal information systems are an unlawful exercise of power beyond its authority; and unlawful under the Administrative Procedure Act as a prohibited personnel practice, violation of the Confidential Information Protection and Statistical Efficiency Act, violation of the Privacy Act, rulemaking without proper procedure, and arbitrary and capricious abuse of discretion. They seek temporary, preliminary, and permanent injunctive relief to prevent the Department of Labor from granting access to DOGE, from taking adverse action against employees who refuse to cooperate with DOGE, and from providing any person with non-public Department of Labor information regarding that person’s business interests or direct competitors. On the same day as the complaint was filed, judge John Bates issued an Order which stated, “Defendants represented to the Court that DOL [Department of Labor] will not allow DOGE access to any DOL data until after this Court rules on the TRO motion on Friday.”

Feb. 7, 2025: Judge Bates denied the petition for a temporary restraining order on the ground that the plaintiffs lacked standing.

Feb. 12, 2025: Plaintiffs submitted a renewed request for a TRO enjoining agency defendants from granting members of DOGE access to their systems of records, except as consistent with applicable federal law.

Feb. 14, 2025: Judge Bates denied the renewed request for a TRO, but added, “On the Economy Act question, which is the most important for this denial of a TRO, the Court will benefit from further briefing and analysis on a motion for preliminary injunction.”

Feb. 27, 2025: Judge Bates ordered limited expedited discovery in the case in the form of answers to written interrogatories, production of documents, and the deposition of four individuals (one each from the Consumer Financial Protection Bureau and the Departments of Labor, Health and Human Services, and DOGE), to last no more than eight hours in aggregate.

Feb. 28, 2025: Defendants filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Plaintiffs filed a memorandum in opposition on Mar. 7.

Mar. 11, 2025: Defendants filed a motion for reconsideration of the court’s prior ruling authorizing written discovery. In an accompanying memorandum, Defendants asserted that changes since the ruling, including the fact that DOGE is no longer detailing employees to any defendant agency, “should obviate the need for expedited discovery.”

Mar. 13, 2025: Plaintiffs filed a motion opposing reconsideration of the ruling authorizing written discovery, asserting that the new employment arrangements do not “meet the exceedingly high bar” for reconsideration.

Mar. 14, 2025: Defendants filed a memorandum supporting their motion to dismiss, reasserting that plaintiffs lack standing and failed to state a claim.

Mar. 19, 2025: Plaintiffs filed a notice of new evidence, notifying the court of Amy Gleason’s declaration that she is Acting Director of DOGE in Citizens for Responsibility and Ethics in Washington v. U.S. Doge Service, 1:25-cv-00511. Plaintiffs assert that Gleason’s declaration supports their argument in favor of public access to documents surrounding Gleason’s appointment.

Mar. 19, 2025: Judge Bates issued a memorandum opinion denying Defendants’ motion for reconsideration.

Mar. 29, 2025: Plaintiffs filed a motion to compel discovery, including production of documents, written discovery responses, and deposition testimony, relating to actions by members of the DOGE Teams at relevant agencies.

Mar. 31, 2025: Defendants filed a response to Plaintiffs’ motion to compel discovery, asserting that the request “is unambiguously outside the scope of” their prior requests and “does not relate to any plausible Economy Act issue.”

Mar. 31, 2025: Judge Bates issued an order granting Plaintiffs motion to compel discovery regarding “individuals that the defendant agencies have onboarded for the purpose of carrying out the DOGE agenda,” including direct hires or detailees. The order also extends the deadline for Defendants to respond to the discovery requests.

Apr. 16, 2025: Judge Bates issued an order dismissing counts relating to the Federal Information Security Modernization Act, Administrative Procedure Act, Confidential Information Protection and Statistical Efficiency Act, and Health Insurance Portability and Accountability Act.

Apr. 19, 2025: Plaintiffs filed a motion for a preliminary injunction to prevent DOGE employees or affiliates from accessing sensitive agency systems and records.

Apr. 29, 2025: Defendants filed their opposition to Plaintiffs’ motion for a preliminary injunction, arguing that the limited discovery that the court granted has not demonstrated that Plaintiffs have suffered irreparable harm.

May 2, 2025: Plaintiffs filed a reply supporting their motion for a preliminary injunction, asserting that Defendants’ motion fails to dispute key allegations and misstates or mischaracterizes material facts and law.

June 27, 2025: Judge Bates denied a preliminary injunction seeking to block DOGE-affiliates from accessing sensitive government data at the Department of Labor and HHS. While emphasizing that his concerns about DOGE are “as grave as ever,” Bates concluded that plaintiffs failed to show irreparable harm at this stage in the litigation that would justify emergency relief.

Aug. 27, 2025: Plaintiffs and defendant Consumer Financial Protection Bureau (CFPB) entered a joint stipulation of partial dismissal of all claims against CFPB without prejudice.

New York et al v. Donald J. Trump (S.D.N.Y.)

1:25-cv-01144

Complaint

First Amended Complaint

2025-05-23

2025-02-07State A.G. PlaintiffsGovernment Action Temporarily Blocked in Part; Temporary Block Denied in PartStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-07-31

The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, attorneys general of 19 states, sued on the ground that the policy of giving expanded access to political appointees and “special government employees” to Treasury’s Bureau of Fiscal Services violated the Administrative Procedure Act (APA). The plaintiffs claim the policy violates the APA by exceeding authority conferred by statute for the unauthorized purpose of impeding payments and accessing private information; for failure to conduct a privacy impact statement; for violation of the Privacy Act; and for violating ethics statutes on conflicts of interest. The plaintiffs also assert the policy usurps congressional authority and is ultra virus. The plaintiffs requested an emergency temporary restraining order, as well as preliminary and permanent injunction to bar access to political appointees, special government employees, and government employees detailed from other agencies as well as to any person who has not received a background check, security clearance, and information security training.

Update 1: The case is before Judge Jeannette A. Vargas. On Feb. 8, 2025, after midnight, Judge Paul A. Engelmayer issued an emergency temporary restraining order until the next court hearing on Feb. 14, 2025. Judge Engelmayer’s order prohibits access to the Treasury Department’s systems and also requires prohibited persons to immediately destroy any material already downloaded from the Treasury Department’s systems.

Update 2: On Feb. 21, 2025, Judge Vargas granted a limited preliminary injunction, enjoining the Treasury Department from granting access to DOGE-affiliated individuals to any payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees. The court noted that “a real possibility exists that sensitive information has already been shared outside of the Treasury Department, in potential violation of federal law.” The court ordered the Treasury Department to submit a report by March 24 including several forms of information and certifications including “the vetting and security clearances processes that members of the Treasury DOGE Team have undergone;” ”setting forth the legal authority pursuant to which each DOGE Team member was employed by or detailed to the Treasury Department;” and “explaining the reporting chains that govern the relationship between the DOGE Team members, USDS/DOGE, and Treasury leadership.”

Update 3: On Mar. 7, 2025, Plaintiffs filed a motion for reconsideration to the court’s Feb. 21 ruling that states’ interests do not fall within personal identifying information (PII) protections of the Privacy Act of 1973 and E-Government Act of 2002.

Update 4: On Mar. 10, 2025, Defendants filed a motion and accompanying memo to partially dissolve the preliminary injunction as applied to Treasury Department employee Ryan Wunderly, who was appointed as Special Advisor for Information Technology and Modernization on Feb. 19, 2025. Defendants claim that they have addressed the Court’s concerns regarding the processes governing Wunderly’s hiring, reporting chains, training, vetting and security clearance, and anticipated access to Treasury systems. On Mar. 14, plaintiffs filed a memo in opposition to defendants’ motion. On Mar. 17, defendants replied to plaintiffs’ memo. On Apr. 11, the Court granted defendants’ request to modify the preliminary injunction order.

Update 5: On May 1, 2025, Defendants filed a motion to dissolve the preliminary injunction, claiming that they have provided the information requested by the Court in its Feb. 21 order granting the preliminary injunction, and documented that they have used appropriate processes for hiring, reporting, training, vetting, and mitigation with respect to all of the members of the Treasury DOGE Team.

Update 6: On May 23, 2025, Plaintiffs filed their first amended complaint.

Update 7: On May 27, 2025, the court denied the Defendants motion to dissolve the preliminary injunction in its entirety and modified the preliminary injunction. Judge Vargas determined that DOGE staffers who underwent training and vetting procedures may access sensitive Treasury data. In her decision, Judge Vargas found that the government had complied with her earlier requests to demonstrate it is equipped to screen and train employees before granting them access.

Update 8: On July 24, 2025, Defendants filed a motion to dismiss Plaintiffs’ amended complaint as well as a supporting memorandum.

Update 9: On July 31, 2025, Defendants appealed the (1) Feb. 21 order granting a preliminary injunction; (2) Apr. 11 order modifying the preliminary injunction; and (3) May 27 memorandum opinion and order denying the dissolution of the preliminary injunction and modifying the preliminary injunction to the Second Circuit.

University of California Student Ass’n v. Carter et al (D.D.C.)

1:25-cv-00354

Complaint

2025-02-07Case ClosedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-04-16

On Feb. 3, 2025, reportedly 20 people affiliated with DOGE were working with the Department of Education, some of whom obtained access to sensitive internal information systems, including systems related to federal student aid. Plaintiffs sued, arguing DOGE’s access is unlawful under the Administrative Procedure Act in that it is contrary to law in violation of the Privacy Act and Internal Revenue Code; arbitrary and capricious; and in excess of statutory authority. They seek a declaratory judgment that DOGE officials are not authorized to access Department of Education records that contain personal information, and temporary, preliminary, or permanent injunctive relief preventing the Department of Education from continuing to provide access to DOGE, ensuring there is no further dissemination of data, and requiring recovery of unlawfully transferred information.

Update 1: On Feb. 10, Plaintiff moved for a TRO, requesting Defendants be enjoined from disclosing information about individuals to individuals affiliated with DOGE, and required to retrieve and safeguard any such information that has already been obtained by and shared or transferred by DOGE or individuals associated with it.

Update 2: On Feb. 17, Judge Randolph Moss denied the TRO on the grounds that mere “access” to data by government employees who are not formally authorized to view it, without more, does not create an irreparable injury. He wrote that courts find dissemination of information to be an irreparable injury where highly sensitive information will be made public or is given to someone with no obligation to keep it confidential. He also wrote that irreparable harm was not present because plaintiffs would have a private right of action and money damages for certain unauthorized disclosures.

Update 3: On Mar. 4, plaintiffs filed a motion for expedited discovery.

Update 4: On Mar. 18, Judge Moss denied Plaintiff’s motion for expedited discovery, instead ordering that Defendant promptly produce the relevant administrative record while noting that Plaintiff may renew their motion after the record has been received and reviewed.

Update 5: On Apr. 8, Defendants filed a motion to dismiss, asserting that Plaintiffs lack standing and have not suffered a cognizable injury under the APA.

Update 6: On Apr. 16, Plaintiffs voluntarily dismissed the action.

National Treasury Employees Union v. Russell Vought (D.D.C.)

1:25-cv-00380

Complaint

2025-02-09Case ClosedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-09-19

On Feb. 7, 2025, Chris Young, Nikhil Rajpul, and Gavin Kliger, Department of Government Efficiency (DOGE) “special government employees”—none of whom is or has been an employee of the Consumer Financial Protection Bureau (CFPB)—were added to CFPB’s staff and email directories as “senior advisors.” Russell Vought, as Acting Director of CFPB, instructed CFPB staffers to grant this DOGE team access to all non-classified systems. The National Treasury Employees Union (NTEU) filed suit on February 9, maintaining that CFPB has a statutory obligation to protect its employee information under both the Privacy Act and CFPB regulations (5 C.F.R. Part 1070) and claiming that CFPB violated that obligation by granting DOGE access to employee information without satisfying an exception in the Privacy Act. Plaintiffs seek a judgment declaring that CFPB violated the law by granting DOGE access to CFPB systems, that CFPB’s disclosure of employee information to DOGE is unlawful, and request an injunction to prevent CFPB from disclosing employee records to DOGE.

July 21, 2025: Defendants moved to dismiss the complaint for lack of jurisdiction and for failure to state a claim for which relief can be granted.

Aug. 11, 2025: Plaintiffs filed an Amended Complaint against Defendants. The Amended Complaint includes: additional facts relating to CFPB’s employee records systems; additional facts relating to DOGE’s actions and access to CFPB records; additional facts relating to President Donald Trump’s and Acting Director Russell Vought’s statements about CFPB and to CFPB employees; alleged harm to NTEU employees from the disclosure of their records to DOGE; and an additional request for the court to order CFPB to prevent the disclosure of employee records to DOGE and to require DOGE delete any unlawfully obtained personal identifying information of CFPB employees.

Sept. 19, 2025: Plaintiff gave notice that the action was voluntarily dismissed, without prejudice.

American Federation of Teachers et al v. Bessent et al (D. Md.)

8:25-cv-00430

Complaint

2025-02-10Government Action Temporarily BlockedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-10-14

The complaint alleges that the Treasury Department, Office of Personnel Management, and Department of Education have provided DOGE “special government employees” with access to information systems that contain records of private citizens' sensitive personal information (including Social Security numbers, financial records, and more). Plaintiffs sued, arguing DOGE access is unlawful under the Administrative Procedure Act as (1) not in accordance with the Privacy Act; (2) an arbitrary and capricious abuse of discretion; and (3) in excess of statutory authority. They seek a declaratory judgment that disclosing records to DOGE is unlawful and temporary, preliminary, or permanent injunctive relief to bar defendants from allowing DOGE to access sensitive information; ensure there is no further unauthorized disclosure; ensure records improperly disseminated are retrieved or destroyed; and ensure future disclosures will only occur in accordance with the Privacy Act.

Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from providing DOGE access to their records systems and ordering any records housed outside government information systems be retrieved or destroyed.

Update 2: On Feb. 24, the court granted a TRO enjoining the Department of Education and Office of Personnel Management from disclosing sensitive information to any DOGE affiliates. The court denied the motion for a TRO against Treasury officials on the basis that a preliminary injunction against Treasury has already been granted in a related case.

Update 3: On Feb. 27, Judge Deborah Boardman ordered the government to produce the administrative record by Mar. 7.

Update 4: On Mar. 7 the government submitted records from OPM, the Department of the Treasury, and the Department of Education.

Update 5: On Mar. 8, Plaintiffs filed a motion to convert the temporary restraining order into a preliminary injunction and to schedule discovery in the case.

Update 6: On Mar. 8, Plaintiffs moved for a preliminary injunction to prevent Defendants from disclosing personally identifiable information to DOGE or its affiliates.

Update 7: On Mar. 24, Judge Deborah L. Boardman granted the Plaintiffs’ motion for a preliminary injunction order. The Defendants immediately filed a notice of appeal and a motion to stay the injunction during the appeal.

Update 8: On Apr. 7, the Fourth Circuit granted a stay to the Defendants pending the appeal.

Update 9: On August 12, the Fourth Circuit vacated the district court’s Mar. 24 grant of the Plaintiffs’ preliminary injunction that had blocked the administration from accessing employee data at the Department of Education, the Office of Personnel Management, and the Department of the Treasury.

Update 10: On Sept. 8, Plaintiffs filed a petition for rehearing en banc, which stayed issuance of the mandate—and thus stayed the effect of the court’s Aug. 8 vacatur of the district court’s Mar. 24 order granting Plaintiffs’ preliminary injunction. On Oct. 14, the Defendants’ responded in opposition to the Plaintiffs’ petition for rehearing en banc.

Electronic Privacy Information Center v. U.S. Office of Personnel Management (E.D. Va.)

1:25-cv-00255

Complaint

Amended Complaint

2025-05-06

2025-02-10Temporary Block of Government Action DeniedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-05-06

The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, Electronic Privacy Information Center (EPIC) and Doe 1 (a federal employee), sued, claiming that the transmission of these records violated the plaintiffs’ right to privacy and puts plaintiffs at risk of identity theft and financial crimes. Plaintiffs also argue that the transmission of these records was not compliant with the Federal Information Security Modernization Act (FISMA) and other privacy and security requirements. The lawsuit seeks injunctive and declaratory relief curing the release of information and halting further sharing by OPM and Treasury, alleging violations of the Administrative Procedure Act, Privacy Act, the Fifth Amendment, 26 U.S.C. § 6103, and actions beyond the scope of authority—primarily by the DOGE defendants. Doe 1 also seeks an award of statutory and punitive damages.

Feb. 12, 2025: Plaintiffs moved for a TRO to enjoin Treasury and OPM defendants from providing DOGE access to information systems, to enjoin DOGE defendants from accessing information systems, and to require status reports.

Feb. 21, 2025: Judge Rossie D. Alston, Jr. issued a Memorandum Opinion and Order converting the motion for a TRO to a motion for a preliminary injunction, and denying the motion. Judge Alston wrote, “Plaintiffs’ fears of future harm are much too speculative and would require the Court to make several leaps in reasoning in order to warrant injunctive relief” based on the record before the court. The judge stated: “Although the Court is denying injunctive relief based on the current record, Plaintiffs are permitted to take necessary action to protect their rights if, in the future, they experience harm that is more concrete and immediate, including if Plaintiffs are able to provide evidence that unauthorized personnel accessed the BFS and/or EHRI systems.”

May 6, 2025: Plaintiffs amended their complaint, removing their FISMA claim under the APA and adding APA claims against the Defendant Agencies for actions that are contrary to law, arbitrary and capricious, and in violation of the APA’s notice and comment procedures.

American Federation of Government Employees, et al. v. Office of Personnel Management et al (S.D.N.Y.)

1:25-cv-01237

Complaint

2025-02-11Government Action Temporarily BlockedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-12-19

Plaintiffs allege the Office of Personnel Management (OPM) has given DOGE access to OPM information systems that contain sensitive personal and employment records of government employees (including Social Security numbers, demographic information, job performance information, health records, and more). Plaintiffs, current and former federal employees and unions representing them, sued, arguing OPM’s disclosure of this information to DOGE violates the Privacy Act and the Administrative Procedure Act; and that DOGE’s actions are ultra vires. They seek a declaratory judgment that the government’s actions are unlawful; temporary, preliminary, or permanent injunctive relief; and an order for the impoundment and destruction of copies of improperly disclosed personal information.

Update 1: On Feb. 14, plaintiffs filed a motion for a temporary restraining order. On Feb. 19, defendants filed a memorandum in opposition. On Feb. 23, in light of a TRO issued by the District of Maryland in Am. Fed. of Teachers v. Bessent, plaintiffs joined defendants in requesting that their motion for a TRO be converted to a motion for a preliminary injunction.

Update 2: On Feb. 27, plaintiffs filed a motion for expedited discovery. Defendants filed a memorandum in opposition on Mar. 4. Plaintiffs filed a reply on Mar. 6. Judge Cote granted the motion in part on Mar. 7.

Update 3: On Mar. 24, plaintiffs filed a memorandum opposing the government’s motion to dismiss.

Update 4: On Mar. 31, Defendants filed their Reply Memorandum in Further Support of Defendants’ Motion to Dismiss, in which they argue that Plaintiffs do not have standing, that Plaintiffs’ complaint failed to state Privacy Act or ultra vires claims, and that Plaintiffs’ APA claims are not reviewable because they did not challenge a final agency action and Plaintiffs have another adequate legal remedy under the Privacy Act.

Update 5: On Apr. 3, Judge Denise Cote denied the government’s motion to dismiss in part and granted it in part with respect to some claims. Judge Cote held that the Plaintiffs have standing to bring their claims and denied the government’s motion to dismiss with respect to Plaintiffs’ APA and ultra vires claims. Judge Cote granted the government’s motion to dismiss with respect to Plaintiffs’ two Privacy Act claims because injunctive relief is not available as a remedy for the alleged Privacy Act violations.

Update 6: On Apr. 17, the Defendants filed an answer in response to the Plaintiffs’ complaint, responding paragraph-by-paragraph to the complaint and listing six defenses, including that the Court lacks subject matter jurisdiction over the Plaintiffs’ claims, the complaint fails to state a claim for which relief may be granted, and that the Defendants did not act contrary to, or in violation of, any federal law.

Update 7: On Apr. 25, Plaintiffs filed a motion for a preliminary injunction in which it requests that the Court block OPM from disclosing records to DOGE and allowing Defendants access to personal information contained within these records. In its supporting memorandum, Plaintiffs noted a preliminary injunction is necessary to prevent the Defendants from causing further harm through their misuse of data.

Update 8: On May 15, Defendants filed their opposition to Plaintiffs’ preliminary injunction motion, arguing Plaintiffs’ submissions in support of their motion rely on inadmissible evidence.

Update 9: On Jun. 9, Judge Cote granted Plaintiffs’ motion for a preliminary injunction, temporarily blocking OPM from continuing to share federal employee records with individuals tied to DOGE. The court cited questions about whether the data-sharing violates the Privacy Act, violates OPM’s internal privacy safeguards, and risks irreparable harm to employees’ personal data.

Update 10: On Jun. 20, in connection with the Jun. 9 preliminary injunction order, Judge Cote ordered OPM to file a report within two weeks describing the procedures put in place since Mar. 6, to ensure adherence to the requirements of the Privacy Act with respect to new grant of access permissions by OPM to records containing plaintiffs’ personally identifiable information (PII). Judge Cote also ordered OPM to file a report within four weeks concerning OPM’s grant of access permissions to any records containing plaintiffs’ PII made to DOGE personnel.

Update 11: On Nov. 14, Judge Cote lifted her Oct. 1 stay of proceedings entered during the government shutdown and set a Dec. 17 deadline for full motion submissions.

Update 12: On Dec. 19, Judge Cote denied both the government’s motion to dismiss the case as moot and Plaintiffs’ motion for extra-record discovery.

Nemeth-Greenleaf, et al. v. Office of Personnel Management, et al. (D.D.C.)

1:25-cv-00407

Complaint


Amended Complaint 2025-06-30

2025-02-11Awaiting Court RulingStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-06-30

Plaintiffs are federal employees from various government departments who filed suit as a proposed class action. They allege that DOGE workers without proper security clearance or authorization to handle such personal information unlawfully accessed their private information from OPM and the Treasury Department. Plaintiffs argue that Defendants are engaged in an “unlawful ongoing, systemic, and continuous disclosure of personal, health, and financial information” to Elon Musk and DOGE in violation of the Privacy Act, 5 U.S.C. § 552a. They seek injunctive relief and damages.

Update 1: On June 30, the Plaintiffs filed an amended class action complaint outlining subsequent events since the initial complaint was filed, including allegations that named plaintiffs’ data stored with the OPM was leaked on the dark web and reports that the personal data taken by DOGE workers had been used by hackers, endangering national security.

Gribbon et al. v. Musk (D.D.C.)

1:25-cv-00422

Complaint

2025-02-12Case ClosedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-05-15

Plaintiffs filed a proposed class action lawsuit. They are recipients of federal benefits, student loans, or have filed tax return information with the federal government. The complaint alleges that “Defendants [are] liable for their willful failure to ensure the security of Plaintiffs’ and Class members’” private information. Plaintiffs allege Defendant Elon Musk violated the Computer Fraud and Abuse Act and that Defendants OPM and Treasury violated the Privacy Act of 1974. Plaintiffs are suing for injunctive relief and monetary damages “resulting from Defendants’ unlawful ongoing, systematic, and continuous disclosure of personal and financial information.”

Update 1: On May 15, Plaintiffs voluntarily dismissed the action.

Center for Taxpayer Rights v. IRS (D.D.C.)

1:25-cv-00457

Complaint

Amended Complaint

2025-05-16

2025-02-17Government Action Temporarily BlockedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2026-01-13

Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to information from the Internal Revenue Service. Plaintiffs are organizations that represent low-income taxpayers, immigrants, domestic abuse survivors, small businesses, and public and private sector employees. They allege that by allowing DOGE to access private citizens’ tax information, the IRS has violated the Federal Information Security Act, the Privacy Act, and the Administrative Procedure Act. Plaintiffs also allege that DOGE has engaged in “ultra vires” actions by “directing and controlling the use and administration of Defendant IRS’ systems.” They seek declaratory and injunctive relief to stop allegedly “wrongful provision of access, inspection, and disclosure of return information and other personal information in the IRS system to members of DOGE.” They also seek other forms of relief such as ordering Defendants to disgorge all unlawfully obtained information. The plaintiffs have also asked the court to prevent the IRS from sharing this information with ICE.

April 25, 2025: Defendants moved to dismiss Plaintiffs’ complaint for lack of jurisdiction and failure to state a claim for which relief can be granted. Defendants’ memorandum of law in support of this motion asserts that Plaintiffs lack both associational and organizational standing to bring their claims and that the intent of Plaintiffs’ complaint is to interfere with IRS operations.

May 16, 2025: Plaintiff filed an amended complaint.

May 22, 2025: Defendants motion to dismiss was denied without prejudice.

Aug. 8, 2025: The plaintiff moved for a stay under 5 U.S.C. § 705 or, in the alternative, a preliminary injunction precluding the IRS from sharing tax data with ICE.

Nov. 21, 2025: Judge Colleen Kollar-Kotelly granted plaintiff’s motion for a stay or, in the alternative, a preliminary injunction precluding the IRS from sharing tax data with ICE.

Jan. 13, 2026: Defendants appealed to the D.C. Circuit.

American Federation of State, County and Municipal Employees, AFL-CIO v. Social Security Administration (D. Md.)

1:25-cv-00596

Complaint

Amended Complaint

2025-05-16

2025-02-21Government Action Not Blocked Pending AppealStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-08-13

Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to Social Security Administration data and systems. They allege that allowing DOGE to access private citizens’ sensitive data violates several laws, including the Internal Revenue Code, the Privacy Act, the Federal Information Systems Modernization Act, the E-Government Act, and the Administrative Procedure Act. They further allege that Acting SSA Commissioner Leland Dudek’s exercise of significant authority without nomination or confirmation violates the Appointments Clause of the U.S. Constitution. Plaintiffs ask the court to declare DOGE’s access to SSA data and systems unlawful, order DOGE to disgorge or delete any unlawfully obtained data, and prohibit any further efforts by either DOGE or SSA to enable DOGE to access SSA data or systems.

Mar. 7, 2025: Plaintiffs filed an amended complaint.

Mar. 20, 2025: Judge Ellen Lipton Hollander granted a temporary restraining order.

Mar. 21, 2025: Judge Hollander issued two Letters to Counsel clarifying the scope of the temporary restraining order in the face of reporting that Acting SSA Commissioner Dudek claimed that the TRO required terminating all SSA employees’ access to SSA systems. The first letter clarifies that the TRO applies only to the 10 DOGE employees the government said were “assigned to SSA to further the DOGE agenda.” The second letter clarifies that other SSA employees are not subject to the TRO, and that SSA may “provide access to redacted or anonymized data or records to the DOGE Team, subject to proper training and the like,” as well as non-anonymized data “subject to certain conditions.”

Mar. 24, 2025: Defendants filed a notice to appeal the TRO.

Apr. 1, 2025: The Fourth Circuit denied the appeal for lack of jurisdiction. A corrected order denying the appeal was filed on Apr. 2, 2025.

Apr. 4, 2025: Plaintiffs filed a motion for preliminary injunctions and/or U.S.C. Section 705 stay, with the goal of enjoining past and future access to any SSA system of record of PII.

Apr. 7, 2025: Defendants filed their opposition to the plaintiff’s motion for a preliminary injunction and/or stay, challenging the validity of the plaintiff’s standing as well as their allegations of violations of the Privacy Act or the Internal Revenue Code, ultimately refuting plaintiff’s allegations of irreparable harm.

Apr. 17, 2025: Judge Hollander granted the preliminary injunction. On that same day, Defendants appealed this order to the Fourth Circuit Court of Appeals.

Apr. 17, 2025: Defendants also filed a motion requesting to stay the preliminary injunction pending appeal, on the basis that the Fourth Circuit Court of Appeals had also granted a stay of the preliminary injunction in the substantively similar case American Federation of Teachers v. Bessent. Plaintiffs filed their opposition to Defendants’ motion to stay the preliminary injunction on Apr. 19. On Apr. 22, Judge Hollander denied Defendants’ motion to stay the preliminary injunction, on the basis that the Fourth Circuit may not schedule the appeal hearing until fall of 2025 and that Plaintiffs would suffer irreparable harm if DOGE were able to access Plaintiffs’ personal data while awaiting appeal.

Apr. 30, 2025: The Fourth Circuit granted an initial en banc hearing (a hearing with all the judges of the court instead of the standard three-judge panel) and denied Defendants’ motion to stay in a split decision.

May 6, 2025: The Fourth Circuit granted an en banc hearing on the merits.

June 6, 2025: The Supreme Court granted a stay while the case is on appeal.

Aug. 13, 2025: Judge Hollander denied as premature Defendants motion to dismiss or, in the alternative, for summary judgment, allowing Defendants to refile within three weeks of the Fourth Circuit’s ruling in regard to the Defendants appeal.

ACLU v. United States Social Security Administration (D.D.C.)

1:25-cv-01217

Complaint

2025-04-21Awaiting Court RulingStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-06-19

On April 21, 2025, the American Civil Liberties Union (ACLU) brought an action under the Freedom of Information Act (FOIA) to compel the expedited processing and disclosure of records relating to the Department of Government Efficiency’s (DOGE) access to information maintained by the U.S. Social Security Administration (SSA) and the U.S. Department of Veterans Affairs (VA). On Feb. 7, the ACLU submitted a FOIA request to more than 40 federal agencies, including SSA and VA, seeking the release of records relating to Doge’s attempted or actual access to sensitive government data systems. They requested expedited processing and a waiver of fees under 5 USC §552 (a)(6)(E)(v)(II) on the ground that there is “an urgency to inform the public concerning actual or alleged Federal Government activity” and that the request is “made by a person primarily engaged in disseminating information”. Although other agencies complied with the request, on Feb. 13 the SSA denied the request for expedited processing and fee waiver and subsequently failed to respond to an appeal filed by the ACLU on March 24. The VA failed to act on the request altogether. On April 21, Plaintiff sued under FOIA to compel the immediate expedited processing and disclosure of the requested records and requesting an injunction against the imposition of any charges in connection with their request.

May 7, 2025: Plaintiff filed a motion for preliminary injunction and supporting memorandum, claiming that they are likely to succeed on the merits and will suffer irreparable harm absent a preliminary injunction, and the balance of equities and the public interest weigh in favor of granting relief.

June 19, 2025: Defendant Agencies answered Plaintiff’s complaint. These agencies admitted that they failed to respond to Plaintiff’s FOIA request, but provided several defenses to Plaintiff’s action, including alleging Plaintiff is not entitled to compel the production of records under FOIA, the court lacks subject matter jurisdiction over Plaintiff’s requests, and that they did not improperly withhold the records Plaintiff requested under FOIA.

Pallek v. Rollins (D.D.C.)

1:25-cv-01650

Complaint


Amended Complaint 2025-07-17

2025-05-22Awaiting Court RulingStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-07-17

On March 20, 2025, President Donald J. Trump signed Executive Order (EO) 14243, titled “Stopping Waste, Fraud, and Abuse by Eliminating Information Silos,” which calls on agencies to ensure “unfettered access to comprehensive data from all State programs” in furtherance of the Administration’s goals. Pursuant to this EO, the USDA sought to obtain data from States and their authorized vendors about applicants to and recipients of benefits from the Supplemental Nutrition Assistance Program (SNAP), a nutrition assistance program available to low-income households that operates as a federal-state partnership. Two not-for-profit organisations, Mazon, Inc., an anti-hunger advocacy group, and Electronic Privacy Information Center (EPIC), along with four individuals who receive SNAP benefits, filed suit on May 22, 2025, claiming that by initiating the collection of personal information of tens of millions of SNAP applicants and recipients the Defendants violated the Privacy Act, the E-Government Act, and the Paperwork Reduction Act, by failing to provide information and follow procedural requirements set out in these statutes. The complaint alleges that these actions violate the APA as agency actions not in accordance with law, as well as the APA’s “arbitrary and capricious” standard, The Plaintiffs requested a declaration from the court that USDA had acted unlawfully by collecting information from SNAP applicants and sought temporary and permanent injunctive relief to protect the privacy and security of information collected by Defendants.

Update 1: On May 27, 2025, Plaintiffs filed a motion for an emergency temporary restraining order to enjoin Defendants from retrieving any SNAP applicant and recipient information from State governments, and directing Defendants to destroy any information that had already been transferred.

Update 2: On May 20, 2025, Defendants filed a memorandum in opposition to the Plaintiffs’ motion for a temporary restraining order.

Update 3: On June 2, 2025, Plaintiffs withdrew their motion for a temporary restraining order following representations from Defendants concerning procedural steps it would be taking before seeking the data.

Update 4: On July 17, Plaintiffs filed an amended complaint in which they added an allegation of arbitrary and capricious actions taken by USDA through the proposal to create a new system of records (the June SORN). On that same day, Plaintiffs filed a motion for an emergency temporary restraining order on that same day, requesting that the court temporarily block Defendants from accessing SNAP applicant and recipient information from state governments or third-party processors.

State of California v. United States Department of Agriculture (N.D. Cal.)

3:25-cv-06310

Complaint

2025-07-28State A.G. PlaintiffsGovernment Action Temporarily BlockedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-10-15

The U.S. Department of Agriculture (USDA), under Secretary Brooke Rollins and in coordination with the Office of Inspector General (OIG), demanded that states turn over five years’ worth of sensitive personal data on all Supplemental Nutrition Assistance Program (SNAP) applicants and recipients and threatened to cut federal administrative funding for states that refused to comply. On July 28, a coalition of 21 states and the District of Columbia filed a complaint challenging these demands.The Plaintiff States argue that complying with the USDA’s demands would violate federal and state privacy laws, undermine public trust, chill participation in SNAP and other safety net programs, harm disaster response and school meal programs, and threaten state sovereignty. Plaintiffs argue the demands violate the Administrative Procedure Act as arbitrary and capricious, not in accordance with procedure, and contrary to law as in violation of the Spending Clause and several statutes relating to privacy and data protection, and that the actions are ultra vires. They seek declaratory relief and an injunction to prevent data sharing outside the SNAP administration or any other retaliatory funding cuts.

Update 1: On September 18, District Court Judge Chesney granted a temporary restraining order barring the Department of Agriculture from enforcing formal warning letters that threatened to cut off SNAP funding unless states turned over recipients’ personal and financial data. The court found that plaintiffs were likely to succeed in showing that the SNAP Act prohibits the disclosure demanded. Relief was denied as to Nevada, which had already complied with USDA’s request. A preliminary injunction hearing is set for Oct. 9.

Update 2: On October 15, District Judge Chesney granted a preliminary injunction against the Department of Agriculture, prohibiting the agency from reducing funding for Supplemental Nutrition Assistance Program (SNAP) for failing to provide the USDA with personal information concerning SNAP recipients. The court found that plaintiff states are likely to prove that the SNAP Act “prohibits them” from disclosing the information demanded and USDA’s request for information is likely contrary to law. The court ruled against the plaintiff states on their several APA claims, finding that they were unlikely to succeed on the merits due to insufficient evidentiary showing.

League of Women Voters v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-03501

Complaint

2025-09-30Temporary Block of Government Action DeniedStructure of Government/PersonnelDisclosure of Personal and Financial Records to DOGE2025-11-17

On March 20, 2025, President Trump signed Executive Order (EO)14243, titled “Stopping Waste, Fraud, and Abuse by Eliminating Information Silos” (the “Data Consolidation EO”), which instructs that “Agency Heads shall take all necessary steps, to the maximum extent consistent with law, to ensure Federal officials have full and prompt access to all unclassified agency records, data, software systems, and information technology systems … for purposes of pursuing Administration priorities related to the identification and elimination of waste, fraud, and abuse.” In a class action complaint filed Sept. 30 by the League of Women Voters, the Electronic Privacy Information Center, and several individuals, the Plaintiffs allege that following this EO, the Department of Homeland Security (DHS), working with the Department of Government Efficiency (DOGE), began to create an interagency system that pools Americans’ personal data from existing systems of records housed at numerous agencies (the “Interagency Data Systems”).

The complaint alleges that the Interagency Data Systems include an overhaul of the USCIS’s Systematic Alien Verification for Entitlements (“SAVE”), which Plaintiffs contend has transformed the SAVE database into what they allege is a “national citizenship data bank that pools unreliable SSA data, which states are using to purge voter rolls and open criminal investigations.” They also contend that the Interagency Data System has consolidated data sources from data sets around the government—including the Social Security Administration (SSA), the Department of Health and Human Services, the Internal Revenue Service, the Department of Labor, and states’ election databases-– that might have information concerning immigrants into a centralized “data lake” housed at USCIS (“USCIS Data Lake”). The complaint asserts that the Interagency Data Systems allow bulk searches of millions of Americans’ personal data and that the administration is “using the Data Lake to retrieve records about individuals by unique identifier” without notice to the public or Congress. Plaintiffs claim that these searches are being used to verify citizenship and investigate fraudulent voter registration despite the unreliability and incompleteness of the data in the system, and that the pooling of sensitive data on individuals creates significant cybersecurity risks as well as violating privacy rights .

The Plaintiffs claim that the creation of the Interagency Data Systems is prohibited by the Privacy Act, 5 U.S.C. §§ 552a, and allege violations of the Administrative Procedure Act (APA) for failure to notify or disclose information about the Interagency Systems, as arbitrary and capricious, and as contrary to law, as well as a violation of the Separation of Powers. They seek declaratory and injunctive relief requiring that the Interagency Data Systems be returned to their prior operational state and prohibiting Defendants from using the pooled data, and requiring them to disclose what data was pooled into the Interagency Data Systems.

Update 1: On October 7, the League of Women Voters filed a motion to prohibit the administration from overhauling the U.S. Citizenship and Immigration Service (USCIS) “SAVE” database into what plaintiffs allege is a “national citizenship data bank” in violation of the Privacy Act of 1974. The motion argues that continued use of SAVE “imminently imperils the right to vote of naturalized citizens and other Americans” due to inaccurate SSA data and risks security breaches or misuse of sensitive personal information and asks the court to issue a stay under the 5 U.S.C. § 705 and a preliminary injunction.

Update 2: On November 17, Judge Sparkle L. Sooknanan ruled that, despite concerns about the lawfulness of the administration’s overhaul of the Systematic Alien Verification for Entitlements (SAVE) system, Plaintiffs failed to demonstrate irreparable injury and are not entitled to a stay under the Administrative Procedure Act.

National Job Corps Association v. Department of Labor (S.D.N.Y.)

1:25-cv-04641

Complaint


Amended Complaint 2025-09-18

2025-06-03Government Action Temporarily Blocked in Part; Temporary Block Denied in PartStructure of Government/PersonnelDismantling Job Corps2025-11-25

Starting in March 2025, the US Department of Labor (“DOL”) has taken steps to eliminate Job Corps, a federal residential career training program. These steps included halting applicant background checks, cancelling pending or outstanding Job Corps procurements, and ceasing operations at all contractor-based Job Corps centers. Plaintiffs are DOL contractors that provide Job Corps-related services and a current Job Corps student. Plaintiffs allege that DOL’s actions 1) supersede its statutory authority and are contrary to law, 2) violate the Administrative Procedure Act through arbitrary and capricious action, 3) were ultra vires, and 4) violate the separation of powers. Plaintiffs seek a declaration that Defendants’ actions were unlawful and to enjoin Defendants from taking further steps to eliminate the Job Corps program.

Update 1: On Jun. 4, Judge Andrew Carter granted a temporary restraining order.

Update 2: On Jun. 17, Judge Carter extended the temporary restraining order through Jun. 25.

Update 3: On Jun. 25, Judge Carter issued a nationwide injunction blocking the administration’s planned shutdown of the Department of Labor’s private Job Corps centers. The court found that the closures, which were set to begin within days, likely violate the Administrative Procedure Act and risk unlawfully evicting thousands of at-risk young people. Judge Carter said the nationwide injunction would remain in effect until the outcome of Cabrera v. U.S. Department of Labor, No. 1:25-cv-1909, “except that this injunction will not supersede any contrary ruling by that Court or any other federal circuit court or district court outside of this Circuit.”

Update 4: On Jun. 27, in light of the Supreme Court’s ruling in Trump v. Casa, Judge Carter ordered the parties to explain how, if at all, the ruling impacts this proceeding. In response, on Jun. 30, Defendants requested an extension of time to confer with the Department of Justice and DOL, while Plaintiffs asserted that the Casa ruling did not impact the injunction issued on June 25 or the proceedings generally.

Update 5: On Jul. 24, Judge Carter issued an amended preliminary injunction order which narrowed the scope of applicability of the order to the 31 centers operated by the Operator Plaintiffs and the 5 additional centers at which Plaintiff Transportation Communications Union/IAM provides training services following the Supreme Court’s Jun. 27 ruling in Trump v. Casa. The court enjoined Defendants "from enforcing, implementing, maintaining or giving effect to the closure of the private Job Corps centers, including the stop work orders and termination and non-renewal notices delivered to Job Corps center operators starting May 29, 2025, from issuing, enforcing, implementing, maintaining or giving effect to any shutdown tasks, job terminations, or student removals; and from taking any further action to close any Job Corps Centers."

Update 6: On Sept.18, Plaintiffs submitted an amended complaint. In addition to adding more plaintiffs and providing further detail as to the factual allegations, the complaint clarified the National Job Corps Association (“NCJA”) standing to bring suit on behalf of their harmed members. Additionally, the amended complaint supplements claims with more specific violations of the Administrative Procedure Act (“APA”) and the Workplace Innovation and Opportunity Act.

Update 7: On Sept. 19, the Department of Labor filed a notice of appeal of the preliminary injunction order to the Second Circuit. Both the PI appeal and the district court case are pending.

Update 8: On Nov. 25, the Department of Labor filed a FRAP 42(b) stipulation in the Second Circuit voluntarily dismissing its appeal with prejudice.

Cabrera v. Department of Labor (D.D.C.)

1:25-cv-01909

Complaint

2025-06-18Case ClosedStructure of Government/PersonnelDismantling Job Corps2025-12-15

The Job Corps program was established in 1965 to reduce youth unemployment by providing young people with education and training to increase employability, and is currently authorized by Congress under the Workforce Innovation and Opportunity Act of 2014 (WIOA). On May 29, 2025, Defendants, the Secretary of Labor and the Department of Labor (DOL) suspended the program and announced that all 99 Job Corps centers were to be shut down by June 30, 2025. A group of young people enrolled in Job Corps brought a class action suit on behalf of themselves and similarly situated Job Corps enrollees, alleging that the administration’s actions violate the Administrative Procedure Act (APA) as arbitrary and capricious, action contrary to law as it disregards the provisions of the WIOA and fails to observe procedures required by law, in excess of statutory authority, and in violation of the Impoundment Control Act. They seek a declaration that the suspension of the program is unlawful and an order setting aside the suspension.

July 25, 2025: Judge Dabney L. Friedrich issued an order and opinion granting Plaintiffs' preliminary injunction motion and stayed DOL’s directive to effectuate the closure of all privately-operated Jobs Corps centers pending the resolution of this litigation.

Sept. 23, 2025: DOL filed a notice of appeal to the D.C. Circuit from Judge Friedrich’s July 25 preliminary-injunction decision.

Dec. 15, 2025: The clerk of the court granted the Department of Labor’s unopposed voluntary motion to dismiss.

American Council of Learned Societies v. McDonald (S.D.N.Y.)

1:25-cv-03657

Complaint


Amended Complaint 2025-05-27

2025-05-01Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling National Endowment for the Humanities2025-12-18

On Apr. 2, 2025, nearly 1500 grantees on a list of open NEH grants were informed by email that their grants were being terminated as the NEH was “repurposing its funding allocations in a new direction in furtherance of the President’s agenda” pursuant to Executive Order (EO)14217 of Feb. 19, Commencing the Reduction of the Federal Bureaucracy. On April 3, 80% of NEH staff members were put on administrative leave. The NEH has also announced plans to use NEH funds for an arts project, “National Garden of American Heroes” (Garden Project). Three prominent humanities organizations—the American Council of Learned Societies (ACLS), the American Historical Association (AHA), and the Modern Language Association (MLA)— who collectively have thousands of individual and organizational members who rely on NEH to fund and support their projects in the humanities, filed suit against the NEH, its acting chairman Michael McDonald, and officials from the U.S. DOGE Service on May 1, 2025. The complaint alleges the actions taken to terminate grants, shut down divisions and programs, eliminate employees, and refuse to spend funds Congress has appropriated violate the Separation of Powers, the Impoundment Control Act and the Appropriations Acts, as well as the First Amendment on the basis of viewpoint discrimination. They allege that the actions violate the Administrative Procedures Act as in excess of statutory authority, arbitrary and capricious, and ultra vires and also challenge the plan to fund the Garden Project as outside of the statutory charge from Congress for grants awarded by the NEH and thus in violation of the APA. Plaintiffs also claim that Doge’s actions are unconstitutional as Congress did not authorize Doge to conduct the business of the NEH. The Plaintiffs seek declaratory and injunctive relief related to restoring the terminated grants, vacating the mass firings, and enforcing the expenditure of all funds appropriated to the NEH by Congress.

Update 1: On May 14, 2025, this case was consolidated with The Authors Guild v. National Endowment for the Humanities, No. 1:25-cv-03923 (The Authors Guild).

Update 2: On May 27, 2025, Plaintiffs filed an amended class action complaint, requesting that the Court declare unlawful and set aside the NEH mass terminations and enjoin Defendants from further actions violating NEH’s governing statute, the APA, the Impoundment Control Act, and the Constitution.

Update 3: On July 25, 2025, Judge McMahon denied the ACLS plaintiffs’ May 23 motion for a preliminary injunction and significantly narrowed their case. The court dismissed several counts for lack of standing and ripeness and held that their APA/statutory challenges to the NEH grant terminations are, in substance, contract claims that must be brought in the Court of Federal Claims. Although the court found that the NEH terminations likely violated the First Amendment and therefore the APA—and granted The Authors Guild plaintiffs a preliminary injunction on that basis—it denied ACLS’s request for preliminary relief because the ACLS plaintiffs had expressly declined to seek an injunction on their First Amendment claim. Their preliminary injunction motion relied solely on an ultra vires theory, on which the court concluded neither set of plaintiffs had shown a likelihood of success.

Update 4: On Aug. 1, 2025, ACLS Plaintiffs noticed an appeal to the Second Circuit from Judge McMahon’s July 25 order, insofar as it denied their motion for a preliminary injunction and granted in part Defendants’ motion to dismiss their institutional claims, while leaving their grant-termination claims in the district court.

Update 5: On Aug. 6, 2025, the court entered a written order (dated Aug. 1) implementing and reaffirming Judge McMahon’s July 25 decision granting, in part, The Authors Guild plaintiffs’ motion for a preliminary injunction.

Update 6: On Dec. 18, 2025, Judge McMahon granted Plaintiffs’ motion to compel discovery, including written discovery requests and deposition notices outside of the administrative record.

The Authors Guild v. National Endowment for the Humanities (S.D.N.Y.)

1:25-cv-03923

Complaint

2025-05-12Government Action Temporarily Blocked in Part; Temporary Block Denied in PartStructure of Government/PersonnelDismantling National Endowment for the Humanities2025-12-18

From Apr. 1 to Apr. 3 2025, the National Endowment for the Humanities (NEH), at the apparent direction of the Department of Government Efficiency (DOGE), notified at least 1,400 grant recipients that their grants had been terminated under various executive orders aimed at combating diversity, equity, and inclusion (DEI) initiatives. The Authors Guild and individual members whose grants had been rescinded sued, alleging that the mass termination of grants violated the Administrative Procedure Act’s ban on arbitrary and capricious agency decisions, the Impoundment Control and Appropriations Acts, constitutional protections for separation of powers, and the First Amendment. They seek declaratory judgment that the mass termination is unlawful and an injunction against the mass termination or any further such actions.

Update 1: On May 14, this case was consolidated with American Council of Learned Societies v. McDonald, No. 1:25-cv-03657 (ACLS).

Update 2: On July 25, Judge McMahon issued a written decision granting in part the Authors Guild plaintiffs’ motion for a preliminary injunction, issuing a narrow order that stayed the April 1–3 mass termination of grants previously awarded to putative class members, directed NEH to maintain the terminated FY 2025 grant funds for The Authors Guild member–grantees in escrow, and barred NEH from re-obligating or repurposing those funds while the case proceeds, but declined to order reinstatement or immediate disbursement. The injunction applies only to the two classes represented by The Authors Guild—about 1,400 people. The court found the terminations likely violated the First Amendment and thus the APA but limited relief to escrow. Judge McMahon also denied the ACLS plaintiffs’ motion for a preliminary injunction and granted in part the government’s motion to dismiss, dismissing Counts I–VI of the ACLS complaint and Counts II (as to the Impoundment Control Act), III, and IV of The Authors Guild complaint.

Update 3: On Aug. 6, the court entered a written order (dated Aug. 1) implementing and reaffirming Judge McMahon’s July 25 decision granting, in part, the Authors Guild plaintiffs’ motion for a preliminary injunction.

Update 4: On Dec. 18, 2025, Judge McMahon granted Plaintiffs’ motion to compel discovery, including written discovery requests and deposition notices outside of the administrative record.

National Nurses United v. Robert F. Kennedy, Jr. (D.D.C.)

1:25-cv-01538

Complaint

Amended Complaint

2025-07-02

2025-05-14Awaiting Court RulingStructure of Government/PersonnelDismantling National Institute for Occupational Safety and Health (NIOSH)2025-07-02

The Trump Administration began massive staff cuts at the National Institution for Occupational Safety and Health (NIOSH), ending new and ongoing projects and investigations, ceasing long-provided services, and ending the certification process for safety gear. Plaintiffs represent many different unions and workers associations, which they allege will be negatively impacted by the closing of NIOSH and cessation of its services in worker safety and health research. Plaintiffs allege in their May 14 Complaint that the administration’s actions to shut down NIOSH and its activities are in violation of the Administrative Procedure Act (APA) as ultra vires, contrary to law, procedurally improper, and arbitrary and capricious. Plaintiffs seek a declaration that the shutdown of NIOSH is unlawful, a permanent injunction enjoining the shutdown, an order to Defendants to resume all NIOSH activities, Plaintiffs’ costs and attorneys fees, and any other relief the Court deems appropriate.

July 2, 2025: Plaintiffs filed an amended complaint in which they amended their claims to reflect specific actions taken by the Defendants and the corresponding legal violations for each of those actions. Plaintiffs removed their APA claims alleging Defendants’ failure to engage in notice and comment rulemaking and that their actions were contrary to the Anti-Deficiency Act.

Washington State Association of Head Start and Early Childhood Assistance and Education Program, et al, v. Robert F. Kennedy, Jr., et al (W.D. Wash.)

2:25-cv-00781

Complaint

Amended Complaint

2025-05-13

Second Amended Complaint

2025-08-19

2025-04-28Case Closed in Favor of PlaintiffStructure of Government/PersonnelDismantling of Head Start2025-12-15

Following President Donald Trump’s February 20 2025 Executive Orders banning “diversity, equity, inclusion, and accessibility” (DEIA), the “indoctrination of gender ideology,” and “supporting or providing services, either directly or indirectly, to removable or illegal aliens,” the U.S. Department of Health and Human Services (HHS) has taken steps to close down Head Start programming nationwide, including threatening funding consequences for agencies that “promote” or “take part” in DEI initiatives, requiring federal grant recipients to certify that they do not and will not operate programs that “advance or promote” DEI, and shuttering half of Head Start locations and laying off staff across the country.

Plaintiffs, a coalition of state Head Start Associations from Washington, Illinois, Wisconsin, and Pennsylvania and non-profits Family Forward Oregon and Parent Voices Oakland, contend that the dismantling of Head Start programming has caused, and will cause, massive disruptions to education, disability and other support services, food security, and health and well-being for children nationally, and will likewise force parents and caregivers to miss work, lose jobs and educational opportunities, and endure significant financial hardship and mental stress. Plaintiffs argue that HHS’s actions 1) violate separation of powers principles by contradicting Congress’s authority, 2) violate the Spending Clause and Appropriations Clause, 3) are impermissibly vague under the Due Process Clause of the Fifth Amendment, 4) violate the First Amendment’s Freedom of Speech by monitoring and chilling speech based on viewpoint, 5) violate Section 504 of the Rehabilitation Act of 1973 by disallowing “inclusion” based on disability, and 6) are ultra vires. Plaintiffs also allege a number of violations of the Administrative Procedure Act, including that HHS’s actions 1) are not in accordance with law (Congressional Appropriations, the Head Start Act, and the Rehabilitation Act), 2) are arbitrary and capricious and an abuse of discretion, 3) fail to observe procedure required by law, 4) and unlawfully withhold and/or unreasonably delay agency action.

Plaintiffs seek to have the HHS’s actions determined unconstitutional and unlawful, all actions to dismantle Head Start vacated and set aside, and preliminary and permanent injunctions compelling the HHS to refund Head Start and banning the HHS from dismantling Head Start and enforcing or implementing any DEI bans or anti-DEI Executive Orders.

May 13, 2025: Plaintiffs filed an amended complaint, which included: the Office of Head Start as an additional defendant; supplemental facts related to the Pennsylvania and Wisconsin Head Start members’ language, disability, family support services and their impact on students and their families; supplemental facts related to the HHS-directed layoff and other subsequent layoffs in Pennsylvania and Wisconsin, additional facts related to the purported termination of Head Start research projects; and additional allegations related to the delayed decisionmaking on the status renewal of Head Start programs.

May 16, 2025: Plaintiffs filed a motion for preliminary injunction, on the grounds that the DEIA ban and mass layoffs are causing the suspension and degradation of services and will cause irreparable harm to the plaintiffs.

June 6, 2025: Defendants filed a response to Plaintiffs’ motion for preliminary injunction.

June 13, 2025: Plaintiffs filed a reply to Defendants’ opposition response to the motion for preliminary injunction.

July 21, 2025: Plaintiffs filed a motion for a temporary restraining order and proposed order seeking emergency relief for new claims arising from the Immigrant Exclusion Directive issued on July 14, 2025.

Aug. 8, 2025: The court ordered Plaintiffs’ motion for a temporary restraining order moot and converted the motion into one for a preliminary injunction.

Aug. 19, 2025: Plaintiffs filed a second amended complaint.

Sept. 11, 2025: Following hearings on Aug. 5 and Sept. 9, the court granted Plaintiffs’ motion for a preliminary injunction, finding Plaintiffs likely to succeed on their claims that HHS’s July 14 directive reinterpreting “federal public benefit” to exclude “non-qualified” immigrants violated the APA and Head Start Act (contrary to law, beyond statutory authority, arbitrary and capricious, and procedurally deficient).

Nov. 6, 2025: After the government reopened, Defendants filed a notice of appeal to the Ninth Circuit from the Sept. 11 preliminary injunction.

Dec. 15, 2025: The Ninth Circuit granted the parties’ voluntary dismissal and issued an order serving as the mandate.

American Foreign Service Association v. Trump (D.D.C.)

1:25-cv-00352

Complaint

2025-02-06Government Action Not Blocked Pending AppealStructure of Government/PersonnelDismantling of USAID (Executive Order 14169) (State Dept Stop-Work Order)2025-08-05

On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants. Later, Secretary of State Rubio was named as acting USAID Administrator and USAID contractors were laid off or furloughed. On Feb. 3, Elon Musk posted that he had spent the previous weekend “feeding USAID to the woodchipper,” and USAID headquarters in Washington, D.C. was closed. On Feb. 4, a message was posted on the USAID website that all directly-hired USAID staff would be placed on administrative leave as of 11:59pm EST on Friday, Feb. 7, 2025. Plaintiffs sued, arguing executive actions either to dissolve USAID or merge it with the State Department are unconstitutional violations of the separation of powers and the Take Care Clause; and unlawful under of the Administrative Procedure Act by exceeding statutory authority, violating the Further Consolidated Appropriations Act, and involving arbitrary and capricious abuses of discretion. Plaintiffs seek a declaratory judgment that the administration’s actions are unlawful and unconstitutional; a temporary restraining order and preliminary injunction directing the administration to halt efforts to shut down the agency, including by appointing an independent administrator, restoring grant funding, recalling furloughs, and halting efforts to place more employees on administrative leave, among other actions. Plaintiffs also seek court supervision, and a permanent injunction barring the administration from taking action to dissolve USAID absent congressional authorization.

Update 1: On Feb. 7, Judge Carl J. Nichols issued a temporary restraining order preventing USAID from placing employees on administrative leave or evacuating them. He rejected the plaintiffs’ request for a restraining order on the funding freeze on the ground that the plaintiffs (USAID employees) could not show sufficient harm to themselves.

Update 2: On Feb. 13, the court extended the TRO until Friday, Feb. 21, at 11:59 PM. Judge Nichols also amended the TRO’s statement to clarify that no USAID employees can be involuntarily evacuated from their host countries while the TRO remains in place.

Update 3: On Feb. 14, the Government submitted a declaration by Pete Marocco, who performs the duties and functions of both Deputy Administrators of USAID; the declaration responds to the court’s questions about government actions to protect USAID employees abroad subject to administrative leave or in the event of employees staying voluntarily beyond the time of an evacuation.

Update 4: On Feb. 21, Judge Nichols issued an Order and Memorandum Opinion rejecting the preliminary injunction and dissolving the TRO. His reasoning included that plaintiffs do not face irreparable harm after a series of concessions from Deputy Administrator Marocco, and that they could pursue remedies with administrative bodies governing disputes between the federal government and civil servants.

Update 5: On Mar. 10, Plaintiffs moved for summary judgment, arguing that the court (not administrative bodies) has jurisdiction over the claim, and that Defendants’ actions violate both the Constitution and the Administrative Procedure Act.

Update 6: On Mar. 11, Plaintiffs moved for a temporary restraining order alleging potential destruction of documents, including a copy of an internal email from Acting Executive Secretary of USAID Erica Carr to staff.

Update 7: On Mar. 12, the Defendants responded to the Mar. 11 motion for a temporary restraining order and included an affidavit by Carr. The defendants stated that the instruction to destroy documents “had nothing to do with this litigation,” was done to clear space formerly occupied by USAID, and were copies “where the originally classified document is retained by another government agency and for which there is no need for USAID to retain a copy.”

Update 8: On Mar. 14, the Plaintiffs dropped their Mar. 11 motion on destruction of documents based on the Defendants’ assurances.

Update 9: On Apr. 7, Defendants filed a motion to dismiss or, in the alternative, for summary judgment. Defendants also filed a memorandum supporting their motion and opposing Plaintiffs’ motion for summary judgment. Defendants argued that Plaintiffs failed to challenge any discrete agency action as required by the Administrative Procedure Act. They also argued that Plaintiffs’ request to overturn Defendants’ policy actions would effectively place USAID in receivership overseen by the Court, which they argue is not the role of the judiciary.

Update 10: On Apr. 21, the Plaintiffs filed a combined reply in support of their motion for summary judgment and in opposition to Defendants’ motion to dismiss or motion for summary judgment. The Plaintiffs claim that there is no jurisdictional barrier to relief, the case is not moot, the Plaintiffs have asserted Article III injuries, and the Defendants’ closure of USAID is unconstitutional.

Update 11: On July 25, Judge Nichols found that the court could not reach the merits of the plaintiff’s allegations because it lacked jurisdiction over the claims. Consequently, the court denied the Plaintiffs’ motion for summary judgment and dismissed their amended complaint. Further, the court granted the Defendants’ motion to dismiss.

Update 12: On Aug. 5, the Plaintiffs filed an appeal with the D.C. Circuit Court of Appeals.

AIDS Vaccine Advocacy Coalition v. United States Department of State (D.D.C.)

1:25-cv-00400

Complaint


Amended Complaint 2025-05-02

2025-02-10Government Action Not Blocked Pending AppealStructure of Government/PersonnelDismantling of USAID (Executive Order 14169) (State Dept Stop-Work Order)2025-10-09

On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants. Plaintiffs, AIDS Vaccine Advocacy Coalition (AVAC) and Journalism Development Network (JDN), sued for declaratory and injunctive relief to stop the implementation of the Executive Order and the stop-work order. Plaintiffs are two nonprofit organizations that receive federal grants from USAID to support their work. Both AVAC’s and JDN’s funding was appropriated by Congress through the Further Consolidated Appropriations Act. Plaintiffs allege the Executive Order and stop-work order have been detrimental to their work, forcing them to lay off staff, slashing their budgets, and impacting their ability to carry out their missions. They allege the President acted ultra vires and usurped legislative authority. They also allege the President has violated the Take Care Clause. Plaintiffs’ claims against the State Department, USAID, Secretary of State Marc Rubio, Office of Management and Budget (OMB), and OMB Director Vought are that the stop-work orders are arbitrary and capricious in violation of the Administrative Procedure Act, the Anti-Deficiency Act (as an “unlawful reserve”), and the Impoundment Control Act. Plaintiffs seek a declaration from the court that the suspension of foreign aid is unlawful, an injunction stopping defendants from enforcing the Executive Order, and an order to immediately reinstate foreign assistance funding.

Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from enforcing the Executive Order and State Department policy, enjoining stop-work orders, and reinstating foreign assistance funding and administration.

Update 2: On Feb. 13, the court granted a TRO in this case and Global Health Council v. Trump on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.

Update 3: On Feb. 19, Plaintiffs filed an emergency motion for contempt seeking to enforce the Feb. 13 TRO against Defendants and hold them in civil contempt. Plaintiffs allege that Defendants’ purported compliance with the TRO “strains credulity” and that Defendants have continued to suspend funding and enforce stop-work orders in violation of the court’s orders.

Update 4: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and Global Health Council v. Trump.

Update 5: On Feb. 24, plaintiffs in Global Health Council v. Trump filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.

Update 6: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the D.C. Circuit, and a motion to stay the court’s order pending appeal.

Update 7: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.

Update 8: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.

Update 9: On Feb. 28, the Plaintiffs filed its opposition to the application.

Update 10: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.

Update 11: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.

Update 12: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.

Update 13: On Apr. 1, Defendants appealed Judge Ali’s Mar. 10 order granting in part and denying in part the motion for a preliminary injunction to the D.C. Circuit.

Update 14: On May 2, Plaintiffs amended their complaint. This updated complaint added the Center for Victims of Torture (CVT) as a plaintiff, provided more detailed accounts of the harms suffered by each plaintiff, refined and expanded the legal arguments, and also clarified the forms of relief sought.

Update 15: On May 13, the Court denied the Defendants’ motion for an indicative ruling and vacated the administrative stay.

Update 16: On June 5, the Court struck the Defendants’ motion to dismiss for failure to comply with Local Civil Rule 7(e).

Update 17: On July 21, the Court granted in part and denied in part Plaintiffs’ motion to enforce the Mar. 10 preliminary injunction order. This order requires Defendants refrain from giving effect to the terminations issued prior to Feb. 13, 2025, and to obligate all expiring foreign assistance appropriations in accordance with Congress’s directives.

Update 18: On September 3, Judge Ali granted a preliminary injunction requiring the administration to distribute congressionally appropriated foreign aid funds in two related cases. A previous injunction on the same subject in these cases was rescinded by the D.C. Court of Appeals on the grounds that the plaintiffs lacked a cause of action to make a constitutional challenge, but left open the possibility that a challenge could be made based on the Administrative Procedure Act (“APA”). Judge Ali granted the current injunction on those grounds, finding that “[d]efendants have given no justification to displace the bedrock expectation that Congress’s appropriations must be followed” and requiring the administration to make available by September 30, 2025 the relevant expiring fund appropriated by Congress.

Update 19: On September 4, 2025, all defendants filed a notice of appeal to the U.S. Court of Appeals for the D.C. Circuit. The appeal challenges the September 3 Memorandum Opinion and Order issued by the District Court in the related cases AIDS Vaccine Advocacy Coalition v. U.S. Department of State and Global Health Council v. Donald J. Trump. The appeal encompasses that order as well as all preceding orders incorporated therein.

Update 20: On September 8, the administration filed an emergency application to the Supreme Court for a stay of a preliminary injunction requiring the administration to distribute congressionally appropriated foreign aid funds in two related cases. Judge Ali granted the injunction on new grounds last Friday after the cases were returned to the district court following a successful appeal for the government on a similar injunction last month.

Update 21: On September 9, the Supreme Court granted a partial stay of a preliminary injunction requiring the administration to distribute congressionally appropriated foreign aid funds. Chief Justice Roberts stayed the injunction with respect to funds related to President Trump’s pending Aug. 28 rescission request to Congress after the administration filed an emergency application.

Update 22: On September 26, the Supreme Court (6-3) granted the administration’s emergency application to stay a district court’s preliminary injunction that required the administration to obligate $10.5 billion in foreign aid before Sept. 30, including $4 billion the administration sought to rescind. The Court found the government made a “sufficient showing” that the Impoundment Control Act (ICA) precludes respondents’ suit pursuant to the Administrative Procedure Act and that “the asserted harms to the Executive’s conduct of foreign affairs appear to outweigh” those faced by plaintiffs. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, noting that the case raises “novel issues fundamental to the relationship between the President and Congress” and that the Executive “has not come close” to meeting the Court’s standard for emergency relief.

Update 23: On October 9, Judge Ali issued an order clarifying the scope of a prior preliminary injunction in AIDS Vaccine Advocacy Coalition v. U.S. Department of State and Global Health Council v. Trump. The order confirms that defendants cannot give effect to terminations, suspensions, or stop-work orders issued between January 20 and February 13, 2025, for foreign aid grants, cooperative agreements, or contracts, except in cases where a subsequent individualized review after February 13 led to a new termination, or where the affected awardee has consented to a pre-TRO termination. The injunction does not require the government to restore awards terminated after February 13 based on individualized assessments, nor does it preclude terminations for reasons unrelated to the executive order challenged in the case. Judge Ali rejected the defendants' argument that “ratification” of pre-TRO terminations through post-hoc explanations could justify giving effect to those terminations, reaffirming the requirement for actual individualized review or mutual consent for pre-TRO terminations to stand.

Last Update: 2025-10-09

Global Health Council v. Trump (D.D.C.)

​​1:25-cv-00402

Complaint


Amended Complaint 2025-04-22

2025-02-11Government Action Not Blocked Pending AppealStructure of Government/PersonnelDismantling of USAID (Executive Order 14169) (State Dept Stop-Work Order)2025-09-23

A group of for-profit and nonprofit organizations that contract with USAID sued the Trump administration over its recent actions to defund USAID, lay off or furlough employees, and transfer the Agency to be under the State Department. Plaintiffs provide a detailed chronology of the actions, memoranda, and statements that the Administration has issued. In addition to imperiling future projects by freezing future funds, plaintiffs also allege that there is money unpaid for services already performed. ($3,376,832 for Democracy International, approximately $120 million for DAI, $103.6 million for Chemonics, and tens of millions for SBAIC’s members.) Plaintiffs allege that neither the President, nor the Secretary of State, nor the USAID Administrator have the authority to unilaterally withhold already-appropriated funds, citing the Constitution and statutory law prohibiting the unilateral withholding: the Impoundment Control Act and the Anti-Deficiency Act. Plaintiffs also claim violations of the Administrative Procedure Act; that the Executive’s actions were arbitrary and capricious, and contrary to statutory and constitutional law. Plaintiffs ask the court to vacate and set aside all of the defendants’ actions to implement Executive Order 14169 and seek injunctions to prevent defendants from continuing to implement EO 14169 and from “dismantling USAID.”

Update 1: On Feb. 11, Plaintiffs moved for a TRO enjoining implementation of the Executive Order and State Department Memorandum.

Update 2: On Feb. 13, the court granted a TRO in this case and AIDS Vaccine Advocacy Coalition v. United States Department of State on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.

Update 3: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and AIDS Vaccine Advocacy Coalition v. United States Department of State.

Update 4: On Feb. 24, plaintiffs filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.

Update 5: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the D.C. Circuit, and a motion to stay the court’s order pending appeal.

Update 6: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.

Update 7: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.

Update 8: On Feb. 28, the Plaintiffs filed its opposition to the application.

Update 9: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.

Update 10: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.

Update 11: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.

Update 12: On Apr. 1, Defendants appealed Judge Ali’s Mar. 10 order granting in part and denying in part the motion for a preliminary injunction to the D.C. Circuit.

Update 13: On Apr. 11, Defendants filed a motion for an indicative ruling and an unopposed motion to stay the Mar. 10 order pending the resolution of the motion for an indicative ruling. Defendants seek the indicative ruling in light of the Supreme Court granting the Government’s request for a stay in Department of Education v. California. On that same day, Defendants’ unopposed motion for a partial administrative stay of the Mar. 10 preliminary injunction was granted by Judge Ali.

Update 14: On Apr. 22, Plaintiffs filed an amended complaint against all Defendants. In addition to their previous four claims, Plaintiffs added a mandamus claim against the agency leader defendants and a fifth amendment procedural due process violation against all Defendants.

Update 15: On July 21, the Court granted in part and denied in part Plaintiffs’ motion to enforce the Mar. 10 preliminary injunction order. This order requires Defendants refrain from giving effect to the terminations issued prior to Feb. 13, 2025, and to obligate all expiring foreign assistance appropriations in accordance with Congress’s directives.

Update 16: On August 13, in a 2-1 decision, the D.C. Circuit vacated the lower court’s preliminary injunction, effectively allowing the administration to continue blocking foreign aid funds. The majority found that the district court “abused its discretion” in issuing the preliminary injunction because plaintiffs lack a cause of action to pursue their claims. The majority held that plaintiffs cannot bring constitutional claims in this context (citing Supreme Court precedent) and that the Impoundment Control Act bars APA review, instead leaving reporting and enforcement to the Government Accountability Office. Judge Pan dissented, criticizing the majority for “turn[ing] a blind eye to the ‘serious implications’ of this case for the rule of law and the very structure of our government.”

Update 17: The administration filed an emergency appeal on August 26 with the Supreme Court requesting a stay on the enforcement of a preliminary injunction requiring the administration devise a plan for paying out congressionally appropriated foreign aid funds.

Update 18: On August 28, the D.C. Circuit declined to rehear en banc its earlier decision vacating a preliminary injunction that would have required the administration to pay out congressionally appropriated foreign aid funds. The panel’s first ruling held that the plaintiffs lacked a cause of action to make a constitutional challenge to the administration’s actions, but the panel revised its opinion to note that plaintiffs may pursue claims under the Administrative Procedure Act. Judge Garcia made a statement respecting the denial of rehearing saying “[t]hat claim (and any other remaining claims) may be litigated expeditiously in the district court.”

Update 19: On September 3, Judge Ali granted a preliminary injunction requiring the administration to distribute congressionally appropriated foreign aid funds in two related cases. A previous injunction on the same subject in these cases was rescinded by the D.C. Court of Appeals on the grounds that the plaintiffs lacked a cause of action to make a constitutional challenge, but left open the possibility that a challenge could be made based on the Administrative Procedure Act (“APA”). Judge Ali granted the current injunction on those grounds, finding that “[d]efendants have given no justification to displace the bedrock expectation that Congress’s appropriations must be followed” and requiring the administration to make available by September 30, 2025 the relevant expiring fund appropriated by Congress.

Update 20: On September 3, the District Court issued a detailed Memorandum Opinion and Order clarifying the administration’s obligations following remand from the D.C. Circuit in the consolidated cases of AIDS Vaccine Advocacy Coalition and Global Health Council against the U.S. Department of State and Donald J. Trump. The Court underscored that although the plaintiffs' constitutional claims were dismissed by the appellate panel, the Administrative Procedure Act (APA) claims regarding the executive branch’s unilateral refusal to spend congressionally appropriated foreign aid funds remain viable and must be considered. The Court reaffirmed the plaintiffs’ standing and articulated that the failure to spend the appropriated funds is likely arbitrary, capricious, and contrary to law under the APA. The Court further concluded that the defendant agencies’ intention not to obligate around $4 billion of the approximately $11.5 billion expiring funds violated the appropriations acts and must be remedied. The decision sets an expedited briefing schedule to allow quick appellate review of these significant statutory claims, emphasizing the need for judicial oversight of executive compliance with congressional appropriations.

Update 21: On September 4, 2025, all defendants filed a notice of appeal to the U.S. Court of Appeals for the D.C. Circuit. The appeal challenges the District Court’s September 3 Memorandum Opinion and Order in the consolidated cases AIDS Vaccine Advocacy Coalition v. U.S. Department of State and Global Health Council v. Donald J. Trump. The appeal encompasses that opinion as well as all preceding orders incorporated therein. The notice was submitted by senior officials and counsel from the Department of Justice Civil Division, Federal Programs Branch, signaling the government’s intent to seek appellate review of the preliminary injunction requiring the administration to obligate congressionally appropriated foreign aid funds.

Update 22: On September 8, the administration filed an emergency application to the Supreme Court for a stay of a preliminary injunction requiring the administration to distribute congressionally appropriated foreign aid funds in two related cases. Judge Ali granted the injunction on new grounds last Friday after the cases were returned to the district court following a successful appeal for the government on a similar injunction last month.

Update 23: On September 9, the Supreme Court granted a partial stay of a preliminary injunction requiring the administration to distribute congressionally appropriated foreign aid funds. Chief Justice Roberts stayed the injunction with respect to funds related to President Trump’s pending Aug. 28 rescission request to Congress after the administration filed an emergency application.

Update 24: On September 23, 2025, Judge Ali issued an order granting in part and denying in part the plaintiffs’ motion for an order to show cause concerning defendants’ compliance with the Court’s September 3 preliminary injunction in Global Health Council et al. v. Trump et al. The Court addressed disputes over whether funds proposed for rescission could be attributed to satisfy specific congressional earmarks and concluded that issues concerning those rescinded funds are subject to the Supreme Court’s partial stay of the injunction. The Court expressed concern about defendants’ plan to delay earmark-specific obligations until after September 30 but found no clear violation at the time. Plaintiffs also sought information regarding expiring foreign aid funds from prior appropriations acts; the Court ordered defendants to file a summary of those funds by September 25, similar to a prior summary for the 2024 appropriations. Lastly, the Court accepted defendants’ correction regarding compliance with statutory limits on fund deviation.

Personal Services Contractor Association v. Trump et al (D.D.C.)

1:25-cv-00469

Complaint


Amended Complaint 2025-04-17

2025-02-18Temporary Block of Government Action DeniedStructure of Government/PersonnelDismantling of USAID (Executive Order 14169) (State Dept Stop-Work Order)2025-08-08

On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants. The Personal Services Contractor Association filed suit on Feb. 18, 2025, challenging Executive Order 14169 and subsequent actions that effectively suspended U.S. foreign aid and began dismantling USAID. The plaintiffs, representing USAID contractors, allege these actions have caused severe disruption, including contractors being locked out of facilities and email, facing eviction overseas, losing access to healthcare, and being unable to carry out humanitarian aid work. The plaintiffs bring four causes of action: (1) violation of separation of powers against Trump, (2) violation of the Take Care Clause against Trump, (3) violation of the Administrative Procedure Act (APA) for arbitrary and capricious actions against all defendants except Trump, and (4) violation of the APA for actions not in accordance with law (including under the Impoundment Act and Anti-Deficiency Act) against all defendants except Trump. The plaintiffs seek both immediate temporary relief (to restore USAID contractors to their pre-January 20 employment status and work conditions) and permanent injunctive relief to prevent USAID's dismantling, its absorption into the State Department, and the freezing of congressionally-appropriated foreign assistance funds without congressional approval. They also request ongoing compliance monitoring through regular status reports.

Update 1: On Feb. 19, 2025, Plaintiff submitted a motion for a temporary restraining order, including 13 Declarations as Exhibits.

Update 2: On Mar. 6, 2025, Judge Carl Nichols ruled from the bench denying the contractors' request for the temporary restraining order. Judge Nichols said the complaints should be adjudicated by the board of contract appeals or the U.S. Court of Federal Claims. The judge also said the plaintiffs had not established that they would suffer irreparable harm or that a TRO was in the public interest.

Update 3: On Mar. 11, 2025, Plaintiff filed an emergency motion for a TRO to preserve evidence after Erica Carr, the executive secretary of USAID, circulated an email instructing the remaining USAID staff members to shred and burn classified and personal documents. Defendants opposed this motion the next day, asserting that USAID was not destroying evidence potentially relevant to this litigation. On Mar. 13, Plaintiff replied in further support of its motion, however Judge Nichols denied its motion on Mar. 14 on the grounds that Plaintiff failed to meet its burden of proof for emergency relief.

Update 4: On Apr. 17, 2025, Plaintiff amended its complaint, adding an ultra vires allegation against Defendants and requesting that the court issue a preliminary and permanent injunction to order Defendants to apportion congressionally appropriated funds to USAID as well as restore and maintain apportionment data for OMB’s apportioned funds to USAID. Plaintiff also requested that Defendants be blocked from taking steps to suspend, eliminate, consolidate, or downsize USAID without Congressional authorization.

Update 5: On Apr. 23, 2025, Plaintiff filed a motion for a preliminary injunction. In its supporting memorandum, Plaintiff explains court interference via preliminary injunction is necessary because Defendants have terminated the entire USAID global workforce, thereby abolishing USAID.

Update 6: On May 7, 2025, Defendants filed their opposition to Plaintiff’s preliminary injunction motion, asserting that the court lacks subject matter jurisdiction over Plaintiff’s claims and that the claims are not likely to succeed on their merits.

Update 7: On July 25, 2025, the court found that it likely lacks jurisdiction over the case’s claims and consequently denied the Plaintiff's motion for a preliminary injunction.

Update 8: On Aug. 8, 2025, the Plaintiffs appealed this denial to the D.C. Circuit Court of Appeals.

Greene v. United States Agency for International Development (D.D.C.)

1:25-cv-04217

Complaint

2025-12-03Awaiting Court RulingStructure of Government/PersonnelDismantling of USAID (Executive Order 14169) (State Dept Stop-Work Order)2025-12-03

Coming soon - On Dec. 3, three former USAID employees filed a complaint alleging that the administration carried out an invalid “Reduction in Force” and unlawfully terminated their employment because their duties involved DEI-related civil rights compliance.

Lentini v. Department of Government Efficiency (D.D.C.)

1:25-cv-00164

Complaint

Complaint

(Consolidated Case No. 1:25-cv-00166)

Complaint

(Consolidated Case No. 1:25-cv-00167)

2025-01-20Awaiting Court RulingStructure of Government/PersonnelEstablishment of “Department of Government Efficiency“ (DOGE) (Executive Order 14158 and Executive Order 14219)2025-05-12

Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Multiple advocacy organizations and the American Federation of Government Employees sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.

Feb. 18, 2025: Judge Jia M. Cobb (D.D.C.) granted defendants’ motion in Public Citizen, Inc. v. Trump to consolidate three cases. Parties in Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management must make all future filings in Public Citizen.

Mar. 3, 2025: Plaintiffs filed a motion for expedited discovery, arguing that Musk’s actions with DOGE are ultra vires and lack transparency, which necessitates deposition of key officials to support their preliminary injunction. Public Citizen Plaintiffs dismissed their action without prejudice.

Mar. 17, 2025: Defendant filed a reply in opposition to the expedited motion, arguing that Musk plays an advisory role, Plaintiffs’ discovery request is premature, and the court should first resolve the motion to dismiss.

Mar. 22, 2025: Plaintiffs submitted new evidence based on Elon Musk’s private lawyers claiming that he is a “high-ranking government official” and that the White House designated Musk a “special government employee” in charge of establishing and implementing DOGE. Plaintiffs claim that this is the first statement about Musk's role in DOGE that can be attributed to Musk himself, which demonstrates a need for the court to authorize requested depositions to ascertain Musk’s exact role in DOGE.

Mar. 25, 2025: Judge Cobb denied Plaintiffs’ motion for expedited discovery, holding that Plaintiffs lacked a pending injunction, sought broad depositions of senior officials without justification, imposed undue burden on Defendants, and requested discovery prematurely before Defendants' motion to dismiss was resolved.

Apr. 11, 2025: Defendants filed a motion to dismiss and supporting memorandum for lack of jurisdiction and failure to state a claim.

May 12, 2025: Plaintiffs American Health Association, American Federation of Teachers, Minority Veterans of America, Votevets Action Fund, Center for Auto Safety Inc., and Citizens for Responsibility and Ethics in Washington voluntarily dismissed their claims without prejudice. Judge Cobb clarified that the remaining consolidated case, Lentini v. DOGE, would proceed.

Center for Biological Diversity v. Office of Management and Budget (D.D.C.)

1:25-cv-00165

Complaint


Amended Complaint 2025-04-21

Second Amended Complaint 2025-04-23

2025-01-20Government Action Not Blocked Pending AppealStructure of Government/PersonnelEstablishment of “Department of Government Efficiency“ (DOGE) (Executive Order 14158 and Executive Order 14219)2025-07-10

Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. The Center for Biological Diversity sued the Office of Management and Budget under the Freedom of Information Act, demanding records related to communications between OMB and DOGE’s leadership or those acting on its behalf.

Update 1: On Feb. 27, 2025, plaintiffs filed an amended complaint. The new complaint added defendants, including DOGE, Elon Musk, and Amy Gleason. It also included a new second claim, with plaintiffs arguing DOGE’s alleged failures to comply with FOIA’s affirmative disclosure obligations violate the Administrative Procedure Act.

Update 2: On Apr. 21, plaintiff requested leave to file a second amended complaint. This motion was granted on Apr. 23, and plaintiffs filed their second amended complaint on that day. Among other changes, the second amended complaint added details about plaintiff’s Mar. 13 requests for DOGE and the DOGE Service Temporary Organization (DOGETO) to disclose records under FOIA (in addition to OMB).

Update 3: On July 10, the Court ordered all proceedings in the case stayed until a final decision is rendered on whether a USDS is an agency subject to the Freedom of Information Act in Citizens for Responsibility & Ethics in Washington (“CREW”) v. USDS, 349 F.R.D. 1 (Apr. 15, 2025) (Cooper, J.), on Petition for Writ of Mandamus, No. 25-130 (D.C. Cir.).


J. Does 1-26 v. Musk (D. Md.)

8:25-cv-00462

Complaint


First Amended Complaint 2025-04-17

Second Amended Complaint 2025-05-30

2025-02-13Government Action Not Blocked Pending AppealStructure of Government/PersonnelEstablishment of “Department of Government Efficiency“ (DOGE) (Executive Order 14158 and Executive Order 14219)2025-08-18

Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Twenty-six current and former USAID employees or contractors filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers the plaintiffs claim can be wielded only by properly appointed officers of the United States. The lawsuit argues that Musk is functioning as a principal officer while evading the constitutional requirement for Senate confirmation. The plaintiffs also claim that Musk’s actions would be unconstitutional even if he were considered merely an inferior officer, as Congress has not authorized the President to directly appoint anyone to his position. The plaintiffs also argue that DOGE’s structure violates separation of powers by creating a “shadow chain of command” that undermines Congress’s power to create agencies and their authorities through statute, confirm appointed officers, and conduct oversight. The suit asks the court to declare Musk and DOGE to be acting unlawfully, enjoin Musk and DOGE from exercising government authority unless appointed by proper process, and set aside their actions taken to date.

Update 1: On Feb. 18, Plaintiffs filed a motion for a preliminary injunction.

Update 2: On Feb. 24, Defendants filed a motion in response to the request for a preliminary injunction; to which the Plaintiffs replied on Feb. 26.

Update 3: On Mar. 18, the Court granted in part and denied in part the Plaintiffs’ motion for a preliminary injunction, finding that the Plaintiffs demonstrated a likelihood of success on the merits and risk of irreparable harm. The Court ordered DOGE to reinstate access to email, payments, security notifications, and other electronic systems. The Court did not enjoin Defendants from carrying out mass personnel and contract terminations but did enjoin them from taking further action in a number of categories such as additional personnel and contract terminations and closures of offices.

Update 4: On Mar. 19, Defendants filed a motion for clarification or modification of the preliminary injunction order issued by the Court on Mar. 18, claiming Jeremy Lewin should not be bound by the preliminary injunction because he is no longer the DOGE Team Lead at USAID.

Update 5: On Mar. 20, the court denied Defendant’s motion for clarification or modification of the preliminary injunction order, confirming Lewin is bound by the preliminary injunction.

Update 6: On Mar. 21, Defendants appealed the Court’s preliminary injunction and denial of Defendants’ motion for clarification or modification to the Fourth Circuit.

Update 7: On Mar. 25, the Court ordered that the district court’s preliminary injunction be stayed until the close of business on Thurs., Mar. 27.

Update 8: On Mar. 28, the Fourth Circuit granted the Defendants’ motion for a stay pending appeal.

Update 9: On Apr. 17, Plaintiffs amended their complaint. Plaintiffs added no additional claims but did request additional forms of relief, including requests that the Court declare the actions taken by Musk and DOGE at USAID unlawful; block Defendants from taking further actions to unlawfully modify, reorganize, or eliminate USAID; and block Musk and his DOGE subordinates from interfering with USAID.

Update 10: On Apr. 25, Plaintiffs filed a motion for expedited discovery related to their Appointments Clause and Separation of Powers constitutional claims. Defendants opposed this motion on May 2.

Update 11: On May 1, the Defendants filed a motion to dismiss and a supporting memorandum, asserting that the Plaintiffs do not have jurisdiction and they fail to state a claim.

Update 12: On May 30, Plaintiffs filed their second amended class action complaint, but did not amend any of the allegations included in the Apr. 17 amended complaint.

Update 13: On June 9, the Fourth Circuit granted the Defendants’ motion for abeyance until the district court resolves the motion to dismiss or otherwise issues any subsequent appealable order.

Update 14: On Aug. 13, the Court granted Defendants’ motion to dismiss in part and denied the motion in part, dismissing only the claims against President Trump as a Defendant and denying it as to the claims against the other Defendants. The Court found that declaratory relief is generally not available against the President, and that the requested injunctive relief could be raised against subordinate officials to President Trump instead.

Update 15: On Aug. 18, the Court granted in part and denied in part Plaintiffs motion for class certification, ruling that a modified class could be certified and that certain issues could be decided on a classwide basis, but denying without prejudice the request to certify subclasses or determine all issues on a classwide basis.

New Mexico et al. v. Musk (D.D.C.)

1.25-cv-00429

Complaint

2025-02-13State A.G. PlaintiffsCase ClosedStructure of Government/PersonnelEstablishment of “Department of Government Efficiency“ (DOGE) (Executive Order 14158 and Executive Order 14219)2025-12-15

Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Fourteen states filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers they claim can only be wielded by properly appointed officers of the United States. The suit asks the court to declare Musk and DOGE to be acting unlawfully, impose a temporary restraining order barring Musk and DOGE from exercising government authority (including a specific list of official actions) while awaiting preliminary and permanent injunctions to the same effect, and set aside their actions taken to date.

Update 1: On Feb. 17, the government submitted a declaration by Joshua Fisher, Director of the Office of Administration, stating that Musk is not the head of DOGE nor an employee of DOGE.

Update 2: On Feb 18, Judge Tanya Chutkan denied the Plaintiffs’ request for a temporary restraining order but also indicated a potentially favorable view of the Plaintiffs’ argument on the merits (pp. 8-9).

Update 3: On Feb. 24, plaintiff states filed a motion for expedited discovery relating to an upcoming motion for a preliminary injunction. Defendants filed a memorandum in opposition on Feb 28. Plaintiffs filed a reply on Mar. 3. Plaintiffs’ expedited discovery motion seeks “to confirm public reporting about Defendants’ conduct, show Defendants’ future plans, and illustrate the nature and scope of the unconstitutional and unlawful authority that Defendants are exercising and will continue to imminently exercise.” The document requests and interrogatories generally concern DOGE’s and Musk’s conduct in four areas: (1) eliminating or reducing the size of federal agencies; (2) terminating or placing federal employees on leave; (3) cancelling, freezing, or pausing federal contracts, grants, or other federal funding; and (4) obtaining access, using, or making changes to federal databases or data management systems.

Update 4: On Mar 7, defendants filed a motion to dismiss arguing plaintiffs lack Article III standing and have failed to state a claim upon which relief can be granted.

Update 5: On Mar. 12, Judge Tanya Chutkan granted Plaintiffs’ motion for expedited discovery and ordered Elon Musk and DOGE to produce the requested documents and respond to the interrogatories and requests for admissions in Plaintiffs’ discovery requests.

Update 6: On Mar. 14, Plaintiffs filed a memorandum opposing the Defendant’s motion to dismiss, asserting that they had already suffered financial and programmatic harm and would continue to do so absent the court’s intervention.

Update 7: On Mar. 19, Defendants filed a memorandum supporting their motion to dismiss, reasserting that plaintiffs lack standing.

Update 8: On Mar. 20, the case Japanese American Citizens League v. Musk, No. 25-cv-643, was consolidated with this case.

Update 9: On Mar. 21, Plaintiffs filed a memorandum in support of their motion for expedited discovery.

Update 10: On Mar. 26, the U.S. Court of Appeals for the District of Columbia stayed the district court’s order for expedited discovery, holding that defendants “have shown a likelihood of success on their argument that the district court was required to decide their motion to dismiss before allowing discovery.”

Update 11: On May 6, the Defendants filed a motion to dismiss, claiming that the Court has no jurisdiction over the Plaintiffs’ claims, and that the Plaintiffs’ claims fail on the merits, including on the basis of the APA.

Update 12: On May 27, Judge Chutkan issued an order and memorandum opinion that granted Defendant’s motion to dismiss the complaint against President Trump but denied the motion to dismiss for all other Defendants.

Update 13: On Dec. 15, 2025, Plaintiffs filed a notice of voluntary dismissal without prejudice, due to “events subsequent to its filing.”

Center for Biological Diversity v. U.S. Department of Interior (D.D.C.)

1:25-cv-00612

Complaint

Amended Complaint

2025-04-01

2025-03-03Awaiting Court RulingStructure of Government/PersonnelEstablishment of “Department of Government Efficiency“ (DOGE) (Executive Order 14158 and Executive Order 14219)2025-05-01

On Jan. 20, 2025, President Trump signed Executive Orders 14158, renaming the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency). On Feb. 19, Trump signed Executive Order 14219 directing the rescission of regulations in which “agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations.” Plaintiff, a nonprofit organization focused on habitat preservation for endangered species, alleges that DOGE, the Department of Interior, and eleven other government agencies have violated the Administrative Procedures Act (APA) by failing to follow Federal Advisory Committee Act (FACA) requirements for disclosure and public access to advisory committee meetings. They seek declaratory judgment that DOGE and its sub-teams are subject to the FACA and have violated the APA and FACA, an injunction stopping Department of Interior and other agency defendant employees from meeting with or relying on work by DOGE employees, and an order of mandamus requiring compliance with the FACA.

Apr. 1, 2025: Plaintiff amended its complaint to include an alleged Freedom of Information Act (FOIA) violation after the National Oceanic and Atmospheric Administration (NOAA), Department of the Interior (DOI), Environmental Protection Agency (EPA), and Department of Agriculture (USDA) (collectively, FOIA Defendants) failed to respond to Plaintiffs’ FOIA request by the Mar. 5 deadline. Plaintiff requests that the court order the FOIA Defendants to make a determination on Plaintiff’s FOIA request and enjoin these five agencies from continuing to withhold records in response to Plaintiff’s FOIA request.
Apr. 10, 2025: Plaintiff filed a motion to expedite discovery. Defendants filed their opposition in response to this motion on Apr. 24, challenging the court’s jurisdiction over Plaintiff’s claims and asserting Plaintiff cannot meet the standard for expedited discovery because there is no emergency or preliminary relief pending or scheduled.
May 1, 2025: Plaintiff filed a reply in support of its motion to expedite discovery.

Japanese American Citizens League v. Musk (D.D.C.)

1:25-cv-00643

Complaint

2025-03-05Temporary Block of Government Action DeniedStructure of Government/PersonnelEstablishment of “Department of Government Efficiency“ (DOGE) (Executive Order 14158 and Executive Order 14219)2025-05-27

Plaintiffs are four nonprofit organizations – the Japanese American Citizens League, Organization of Chinese Americans–Asian Pacific American Advocates, Sierra Club, and Union of Concerned Scientists – bringing suit against Elon Musk, DOGE, Amy Gleason, and several executive agencies and their heads. Plaintiffs allege that they are harmed by DOGE’s cutting of federal funding and firing of federal employees, including in the work of the National Park Service and historic sites. Plaintiffs allege that Musk and DOGE are acting in an ultra vires manner “to dramatically alter the federal budget, slash federal spending, reduce the federal workforce, and dismantle disfavored agencies.” Plaintiffs also allege that Defendants have acted in violation of the separation of powers “by directing and causing the termination of grants and contracts under previously appropriated federal funds; terminating federal workers funded by congressional appropriations; reducing the size of the federal workforce; working to abolish federal departments and agencies including the U.S. Department of Education, an executive department created by federal statute; and refusing to spend money appropriated by Congress.” Finally, Plaintiffs allege that Defendants have violated the Appointments Clause and the Administrative Procedure Act. They seek declaratory and injunctive relief holding that Musk, DOGE, and Gleason have no legal authority to take a wide array of actions and that those actions have no legal effect.

Update 1: This case has been consolidated with case 25-cv-00429-TSC pursuant to a Minute Order issued on March 20, 2025. From that date forward, all pleadings shall be filed only in the lead case, 25-cv-00429-TSC.

American Federation of Teachers, AFL-CIO v. Goldstein (S.D.N.Y.)

1:25-cv-03072

Complaint


First Amended Complaint


2025-05-02


Second Amended Complaint


2025-06-16

2025-04-14Case Closed in Favor of PlaintiffStructure of Government/PersonnelFederal Mediation and Conciliation Service (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy)2025-12-30

On March 14, 2025, President Trump issued Executive Order (EO) 14238, “Continuing the Reduction of the Federal Bureaucracy,” which calls for the elimination of the Federal Mediation and Conciliation Service (FMCS) and instructs the agency to “reduce the performance of their statutory functions and associated personnel to the minimum presence and function required by law” while instructing the Office of Management and Budget (OMB) to reject funding requests from the FMCS. Following the promulgation of the EO and the promulgation of a plan imposing less drastic cuts by FMCS, employees from the Department of Government Efficiency (DOGE) terminated nearly all of FMCS’s staff. On Apr. 14, a group of unions filed suit against the FMCS, the United States, the OMB and associated officials, arguing that the government is violating the separation of powers; acts in excess of statutory authority; and is arbitrary and capricious, and has unlawfully withheld required agency action, in violation of the Administrative Procedure Act. The plaintiffs seek to have the court find the EO unlawful as it applies to FMCS, issue a preliminary and permanent injunction and return the agency to its status prior to the EO, declare the dismantling of FMCS as violative of the Administrative Procedure Act, and compel FMCS to resume providing the mediation services it provided prior to the EO.

April 16, 2025: Plaintiffs filed a motion for a preliminary injunction and supporting memorandum in which they requested an order to block Defendants from dismantling FMCS and to restore the status quo ante.

April 24, 2025: Defendants filed an opposition to Plaintiffs’ motion for a preliminary injunction. Plaintiffs replied to this opposition on April 28.

May 2, 2025: Plaintiffs filed an amended complaint, which continues to focus on the dismantling of the FMCS and the resulting inability of labor unions to access federal mediation services.

June 16, 2025: Plaintiffs filed their second amended complaint.

Dec. 30, 2025: Judge Subramanian granted Plaintiffs’ motion for summary judgment, setting aside and vacating the policy disallowing the assignment of FMCS mediators to negotiations and disputes in the healthcare industry where the bargaining units are smaller than 250 employees and ordering defendants to reverse the reduction in force at FMCS that had been justified by the policy.

Colorado v. Trump (D. Colo.)

1:25-cv-03428

Complaint

Amended Complaint

2026-01-08

2025-10-29State A.G. PlaintiffsAwaiting Court RulingStructure of Government/PersonnelRelocation of Government Agencies2026-01-08

[Coming soon - On October 29, Colorado’s Attorney General filed a complaint against the administration alleging its decision to move U.S. Space Command out of Colorado Springs to “punish the State of Colorado for allowing eligible voters to vote by mail” is unconstitutional. The complaint argues that Colorado exercised its constitutional sovereign authority to regulate elections by developing a mail-in voting option and that the administration violated the Tenth Amendment, the Elections Clause, State Sovereignty, and Separation of Powers by retaliating against Colorado for lawful exercise of its authority. The complaint also argues the administration violated the Administrative Procedure Act by acting in excess of its statutory authority and without following the requirements of 10 U.S.C. § 483, the statute that mandates processes and public disclosures before relocating a major military headquarters. Plaintiffs seek a declaration that President Trump’s decision to move U.S. Space Command headquarters is unconstitutional and injunctive relief enjoining the administration from effectuating the relocation.]

Jan. 8, 2026: The Colorado Attorney General filed an amended complaint, alleging the administration is engaging in a “widespread campaign of retribution.”

State of Maryland & Prince George’s County v. Patel et al. (D. Md.)

8:25-cv-3644

Complaint

2025-11-06State A.G. PlaintiffsAwaiting Court RulingStructure of Government/PersonnelRelocation of Government Agencies2025-11-06

On November 6, 2025, the State of Maryland and Prince George’s County filed suit against the Federal Bureau of Investigation (FBI), Department of Justice (DOJ), General Services Administration (GSA), and their officials, alleging that the federal government unlawfully overturned the prior selection of Greenbelt, Maryland, as the site for a new FBI headquarters and diverted over $1 billion in funds to relocate the project to the Ronald Reagan Building in Washington, D.C. Plaintiffs claim the FBI and GSI’s selection of the Ronald Reagan building as the new headquarters, as well as the FBI’s reprogramming of $323 million in funds appropriated for construction, exceeded their authority and violated statutory authority vested in the legislative branch. Plaintiffs assert that these actions are arbitrary and capricious and violate the Administrative Procedure Act (APA). Plaintiffs request the court vacate the site selection and the funds reprogramming decision, and issue a permanent injunction blocking the decisions as unlawful.

State of Oregon v. Noem (D. Or.)

6:25-cv-02172

Complaint

2025-11-24State A.G. PlaintiffsGovernment Action Temporarily BlockedStructure of Government/PersonnelRelocation of Government Agencies2025-12-08

[Coming soon - On Nov. 24, Oregon’s Attorney General challenged the administration’s relocation of a longstanding U.S. Coast Guard rescue helicopter serving the state’s central coast.]

Nov. 25, 2025: Judge McShane consolidated Oregon’s case with a related action before Judge Ann Aiken: Newport Fishermen’s Wives, Inc. v. U.S. Coast Guard, No. 6:25-cv-2165 (leading case). Judge McShane also denied Oregon’s motion for a TRO as moot, explaining that Judge Aiken had entered a TRO on Nov. 24 in Newport Fishermen’s Wives ordering the Coast Guard to immediately return the Newport rescue helicopter with full operational capabilities, infrastructure, and personnel support—thereby granting Oregon the relief sought here.

Dec. 8, 2025: Following a hearing on the consolidated Plaintiffs’ motion for a preliminary injunction, Judge Aiken extended the temporary restraining order for 14 days while she considered whether to grant preliminary relief.

United States v. Ramirez (C.D. Cal.)

5:25-cr-00264

Indictment

2025-08-13Government Action BlockedStructure of Government/PersonnelAppointment of Acting U.S. Attorneys2025-10-29

On July 29, 2025, Interim United States Attorney for the Central District of California Bilal Essayli resigned from his position, but remained as Acting United States Attorney. Three criminal Defendants have challenged their indictments that were signed or supervised by Essayli, on the basis that Essayli was unlawfully in the position of Acting United States Attorney and therefore his actions did not have force or effect. Essayli was appointed as Interim United States Attorney by Attorney General Pam Bondi on March 27, 2025, and his temporary 120-day appointment expired on July 31, 2025, shortly after Essayli’s resignation. Defendants claim that Essayli did not have a basis to continue as Acting United States Attorney under 28 U.S.C. § 546 or the Federal Vacancies Reform Act. They seek dismissal of their indictments and disqualification of Essayli and his supervisees from participating in criminal prosecutions in the Central District of California.

Oct. 29, 2025: Judge Seabright ruled that Essayli has been unlawfully serving as Acting United States Attorney since he resigned as Interim United States Attorney on July 29. The court did not grant Defendants’ motions to dismiss their indictments, as they were signed by other lawfully appointed government attorneys. The court also noted that Essayli remains the First Assistant United States Attorney for the Central District and may lawfully perform the duties of that office.

National Treasury Employees Union v. Donald J. Trump (D.D.C.)

1:25-cv-00420

Complaint


Amended Complaint 2025-02-17


Second Amended Complaint 2025-06-10

2025-02-12Temporary Block of Government Action DeniedStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-06-10

On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).” Plaintiffs allege that the executive order, along with the Office of Personnel Management’s “deferred resignation program,” violates separation of powers principles by undermining Congress’s authority, and the Administrative Procedure Act by imposing RIFs contrary to regulations. They seek a declaration that mass firings and the deferred resignation program are unlawful, along with injunctions to prevent agency heads from implementing RIFs and OPM from extending, expanding, or replicating its deferred resignation program.

Update 1: On Feb. 17, plaintiffs filed an amended complaint.

Update 2: On Feb. 20, Judge Christopher R. Cooper denied the motion for a temporary restraining order and preliminary injunction, ruling that the court lacked subject matter jurisdiction and claims must first be brought before the Federal Labor Relations Authority.

Update 3: On May 27, the Plaintiffs International Union, United Automobile, and Aerospace and Agricultural Implement Workers of America voluntarily dismissed all of its claims in the action.

Update 4: On June 10, plaintiffs filed a second amended complaint, which added additional Administrative Procedure Act (APA) and ultra vires violations.

American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Charles Ezell (N.D. Cal.)

3:25-cv-01780

Complaint (Feb 19, 2025)

Amended Complaint (Feb. 23, 2025)

2025-02-19Government Action BlockedStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-10-02

On Feb. 13, 2025, the Office of Personnel Management and Acting Director Charles Ezell ordered federal agencies to terminate tens of thousands of probationary employees en masse. Probationary employees are members of the competitive service in their first year of employment or of the excepted service in their first two years of employment, and may also include long-time federal workers who have recently been employed in a new position or a new agency. Among the factual claims, Plaintiffs allege that Defendants sent agencies “standardized notices of termination, drafted by OPM, that falsely state that the terminations are for performance reasons.” Plaintiffs allege that the mass termination violates multiple requirements under the Administrative Procedure Act and separation of powers principles by overriding Congressional statutes authorizing and regulating agency hiring and firing. They seek a declaration that the mass termination is unlawful and a preliminary or permanent injunction setting aside OPM’s order, ceasing terminations pursuant to the order, and rescinding any prior unlawful terminations.

Update 1: On Feb. 23, Plaintiffs filed an amended complaint alleging that OPM further violated the APA by sending emails to government employees requesting updates on their week-to-week accomplishments and Musk’s stating that “[f]ailure to respond will be taken as a resignation.”

Update 2: On Feb. 27, Judge William Alsup reportedly ruled from the bench that OPM had no legal authority to issue directives for other agencies to fire probationary employees. Alsup noted that, due to jurisdictional issues, his order applies only to employees at six agencies (the National Park Service, National Science Foundation, Small Business Administration, Bureau of Land Management, and Department of Veterans Affairs, and Department of Defense), and that he could not directly order agencies to cease the firings. As for other agencies not covered, Alsup said, “I am going to count on the government to do the right thing, and to go a little bit further than I have ordered, and to let some of these agencies know what I have ruled.”

Update 3: On Feb. 28, Judge Alsup issued an Opinion and a written Order for a TRO. The Order states that OPM’s memos directing the termination of probationary workers were “unlawful, invalid, and must be stopped and rescinded,” and that OPM must provide written notice of the order to the six agencies.

Update 4: On Mar. 11, Plaintiffs filed a second amended complaint adding additional agencies as defendants.

Update 5: On Mar. 13, Judge Alsup held a preliminary injunction hearing and, in ruling from the bench, granted and extended the TRO. Alsup directed counsel to file briefs by Mar. 21.
Update 6: On Mar. 13, the Defendants submitted a notice of appeal to the Ninth Circuit.
Update 7: On Mar. 17, the Ninth Circuit denied the government’s request for an administrative stay.
Update 8: On Mar. 24, the government filed an application requesting that the U.S. Supreme Court immediately stay the Northern District of California’s preliminary injunction.

Update 9: On Mar. 24, Judge Alsup issued two orders on the case. In one order, Alsup concluded that the district court does have subject-matter jurisdiction in the case, and therefore reversed the part of his earlier TRO ruling denying relief to plaintiffs. In the second, he ordered the government to show cause that relief should not be extended to plaintiffs by Mar. 28.

Update 10: On Mar. 26, the Ninth Circuit denied Defendants’ emergency motion to stay the preliminary injunction.
Update 11: On Mar. 26, Plaintiffs filed a motion to compel compliance with the preliminary injunction or hold Defendants in contempt, arguing that Defendants have failed to reinstate terminated employees and notify them of the unlawful terminations as ordered by the court on Feb. 27.
Update 12: On Mar. 28, Defendants filed a brief alleging that the District Court lacked jurisdiction and the public-sector union plaintiffs failed to show irreparable harm and thus should not be entitled to additional relief, as ordered to do so by Judge Alsup on Mar. 24. On the same day, Plaintiffs also filed their brief alleging the harm to the public-sector union plaintiffs and requesting a further preliminary injunction for the public-sector union plaintiffs. Plaintiffs requested that Defendants reinstate terminated probationary employees.
Update 13: On Mar. 31, Defendants filed oppositions to both the State of Washington’s motion for preliminary injunction and Plaintiffs’ motion to compel compliance with the Mar. 13 preliminary injunction. Plaintiffs and the State of Washington filed their replies in support of their motions on April 3.
Update 14: On Apr. 4, Defendants filed an additional reply in support of their Mar. 28 brief. Plaintiffs also filed their additional reply brief on the same day.
Update 15: On Mar. 26, one Plaintiff – the State of Washington – filed a motion for preliminary injunction, requesting that the court extend prior relief awarded to the class of Plaintiffs to itself, require Defendants to reinstate terminated probationary employees, and order Defendants to cease unlawful terminations.
Update 16: On Apr. 8, the U.S. Supreme Court granted a stay on the basis of standing. The Court wrote: “The District Court’s injunction was based solely on the allegations of the nine non-profit-organization plaintiffs in this case. But under established law, those allegations are presently insufficient to support the organizations’ standing. This order does not address the claims of the other plaintiffs, which did not form the basis of the District Court’s preliminary injunction.”
Update 17: On Apr. 11, Defendants filed a memorandum opposing Plaintiffs’ motion for a preliminary injunction, asserting that Plaintiffs’ claims are nonjusticiable and that Defendants’ actions are valid exercises of agency discretion.
Update 18: On Apr. 18, Judge Alsup issued an order enjoining further terminations of federal employees under the policies being challenged, and ordering that any employee improperly told they were terminated for performance issues receive written notice rescinding the characterization. Judge Alsup wrote that after the U.S. Supreme Court ruled, “additional plaintiffs have joined the suit and seek additional relief, and an order held that the public-sector labor union plaintiffs have standing to seek provisional relief.”
Update 19: On Apr. 23, Defendants appealed Judge Alsup’s order to the Ninth Circuit.
Update 20: On May 2, Plaintiff filed a motion to relate this case and AFL-CIO v. OPM, No. 3:25-cv-01780-WHA. The motion argues that the two cases arise from a common set of events and risk creating duplicative or conflicting results, including potential Constitutional contradictions.
Update 21: On May 3, Plaintiff filed a motion for a preliminary injunction to enjoin any issuance or reliance on marginal performance appraisals, prohibit any removal or reassignment based on OMB’s realignment directive, and cease any retaliatory actions against Plaintiff.
Update 22: On May 6, the Defendants filed an opposition to a preliminary injunction, claiming that the two cases at issue are not related, and arguing that the Court should deny the related-case motion and strike the improperly filed preliminary-injunction motion.

Update 23: On June 5, the Plaintiff filed a motion for summary judgment on four of five claims, and on July 3 Defendants filed their opposition and a cross motion for summary judgment.

Update 24: On Aug. 8, the Plaintiff filed a third amended complaint, adding new agency defendants and updated factual allegations.

Update 25: On Sept. 12, Judge Alsup denied the Defendants cross motion for summary judgment and granted in part the Plaintiffs motion for summary judgment, ruling that OPM’s directive unlawfully exceeded its own powers and usurped and exercised powers reserved by Congress to each individual agency, that its actions were arbitrary and capricious, and that the en masse terminations were unlawful. The court noted that “in the ordinary course, this order would, as required by the APA, set aside OPM’s unlawful directive and unwind its consequences”. However, Judge Alsup went on to state that given the Supreme Court’s previous stay of his preliminary injunction reinstating probationary employees, “too much water has now passed under the bridge” and that rather than ordering their reinstatement he would instead require the agencies to issue letters to each fired probationary worker stating: “You were not terminated on the basis of your personal performance.” In addition, he enjoined OPM from directing any other agency to fire employees.

Update 26: On September 16, Defendants appealed the District Court’s September 12 order denying Defendants’ cross motion for summary judgment and September 13 final judgment of the same to the United States Court of Appeals for the Ninth Circuit.

Update 27: On October 2, 2025, the Ninth Circuit denied the previously filed appeals of the district court’s preliminary injunctions as moot and amended the briefing schedule on the appeal of the final judgment.

Maryland et al. v. U.S. Department of Agriculture et al. (D. Md.)

1:25-cv-00748

Complaint

2025-03-06State A.G. PlaintiffsCase Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-10-31

On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).” Plaintiff States allege that Defendant agencies violated the Administrative Procedure Act by not abiding by the necessary statutory and regulatory requirements for RIF procedures including a required 60-day notice to states and employees; and on ground that the procedures adopted were arbitrary and capricious. They seek declaratory and injunctive relief requiring the Defendant agencies to 1) cease the RIFs of probationary employees; 2) reinstate any employees who were fired as part of the mass terminations that followed President Trump’s second inauguration; 3) refrain from separating any employees pursuant to a RIF prior to reinstatement of the unlawfully terminated employees; and 4) conduct any future RIFs in accordance with applicable law, including providing advance notice to States.

Update 1: On Mar. 7, Plaintiffs filed a motion for a temporary restraining order.

Update 2: On Mar. 13, the district court granted Plaintiffs’ motion for a temporary restraining order. Judge James Kelleher Bredar wrote that the government said “it dismissed each one of these thousands of probationary employees for ‘performance’ or other individualized reasons. On the record before the Court, this isn't true. There were no individualized assessments of employees. They were all just fired. Collectively.”

Update 3: On Mar. 14, the government filed a notice that it was appealing the TRO to the Fourth Circuit Court of Appeals.

Update 4: On Mar. 20, Plaintiffs filed a motion requesting that the court stay all purported terminations against probationary employees, reinstate all affected employees, and impose a preliminary injunction prohibiting any further reductions in force without following relevant legal requirements.

Update 5: On Mar. 21, Plaintiffs moved to extend the TRO pending consideration of their motion for a stay and preliminary injunction.

Update 6: On Mar. 21, the Fourth Circuit Court of Appeals denied the government’s motion for an administrative stay or a stay pending the resolution of an appeal.

Update 7: On Mar. 24, the government filed a motion opposing Plaintiffs’ motion for a stay and preliminary injunction.

Update 8: On Mar. 26, Judge Bredar held a hearing on the motion for preliminary injunction.

Update 9: On Mar. 26, Judge Bredar ordered the parties to provide additional briefing on the implications of an injunction that was not national in scope by 10 am on Mar. 27.

Update 10: On Mar. 26, the Court extended the TRO that was set to expire on Mar. 27 to expire on Apr. 1 at 8 pm EDT instead.

Update 11: On Mar. 27, Defendants filed a supplemental briefing pursuant to the Court’s Mar. 26 order, arguing that any preliminary injunction should only apply to affected employees who worked in a Plaintiff State at the time of their removal.

Update 12: On Apr. 1, Judge Bredar granted Plaintiffs’ motion for a preliminary injunction and stay in part, noting the actions of Defendant agencies likely broke the laws regulating mass terminations of government employees. Through this order, the terminations of Affected Probationary Employees on or after Jan. 20, 2025 by Defendants were stayed. Additionally, Defendants were ordered not to conduct future RIFs (unless in compliance with law).

Update 13: On Apr. 2, Defendants appealed Judge Bredar’s Apr. 1 preliminary injunction to the Fourth Circuit.

Update 14: On Apr. 9, the Fourth Circuit, in a 2-1 decision, issued a stay of Judge Bredar’s Apr. 1 preliminary injunction. The majority held that the Government is likely to succeed in showing the Plaintiffs lacked standing, and noted, “[t]he Supreme Court has stayed a similar preliminary injunction issued by the United States District Court for the Northern District of California (referring to American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Ezell).”

Update 15: On Sept. 8, the Fourth Circuit, in 2-1 decision, found that the plaintiff states lacked standing for no legally cognizable or redressable injury, vacating Judge Bredar’s Apr. 1 preliminary injunction and remanding with directions to the district court to dismiss the action.

Update 16: On Oct. 31, following the Fourth Circuit’s Sept. 8 decision and the issuance of its Oct. 31 mandate, Judge Bredar dismissed the complaint and directed the Clerk to close the case.

Gober v. Collins (D.D.C.)

1:25-cv-00714

Complaint

2025-03-11Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-06-03

Beginning on January 20, 2025, the Trump Administration initiated various steps to dismantle and reorganize government agencies, and several of these agencies have engaged in reductions in their workforce. Plaintiffs representing a class of federal probationary employees filed suit against several government agencies (Defendant Agencies), alleging their terminations were in violation of their Fifth Amendment substantive and procedural due process rights as well as in violation of the Administrative Procedure Act (APA). Plaintiffs request that the court order the Defendant Agencies to return Plaintiffs and the putative class they filed suit on behalf of to work.

Update 1: On May 8, Judge Rudolph Contreras denied the Plaintiffs’ preliminary injunction motion.

Update 2: On June 3, Plaintiffs submitted a notice of voluntary dismissal of the complaint.

American Federation Of Government Employees, AFL-CIO v. Trump (N.D. Cal.)

3:25-cv-03698

Complaint

2025-04-28Awaiting Court RulingStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2026-01-05

Beginning on Jan. 20, 2025, the Trump administration initiated various steps to dismantle and reorganize government agencies, including by establishing the Department of Governmental Efficiency (DOGE) and by freezing agency hiring and initiating large-scale reductions in force (RIFs) under Executive Order (EO)14210. Plaintiffs, a coalition of labor organizations, non-profits, and local governments, filed suit, alleging that the EO and actions taken to implement it violate constitutional protections for separation of powers and the Administrative Procedure Act, as ultra vires and arbitrary and capricious. They seek declaratory judgment that Trump administration actions dismantling and reorganizing government agencies are unlawful and unconstitutional, vacation of EO 14210 and agency guidance implementing the order, and a temporary restraining order and injunction against further implementation of the EO.

May 1, 2025: Plaintiffs filed a motion for a temporary restraining order (TRO) which requested that the court block Defendants from taking action to implement or enforce EO 14210.
May 7, 2025: Defendants filed their opposition to Plaintiffs’ motion for a TRO, asserting Plaintiffs did not establish the immediacy TRO requirement and requesting that the court deny the motion.

May 9, 2025: After a hearing, Judge Susan Illston granted a Temporary Restraining Order to pause the Defendants’ reductions in force under EO 14210. Defendants immediately appealed this order to the Ninth Circuit.

May 22, 2025: Judge Illston granted a preliminary injunction halting the Trump administration’s implementation of widespread RIFs and agency reorganizations for 22 agencies across the federal government. The court found that neither the president nor the implicated agencies have shown they have the statutory authority to carry out these structural changes without Congressional approval.
May 23, 2025: Defendants filed a notice of appeal, appealing to the United States Court of Appeals for the Ninth Circuit from the Order Granting Preliminary Injunction.

May 30, 2025: The Ninth Circuit denied the Defendants’ motion for a stay.

June 2, 2025: The government asked the Supreme Court to halt Judge Illston’s ruling limiting mass Reductions in Force (RIFs) at federal agencies.

June 13, 2025: Judge Illson issued an order on the scope of injunctive relief, in which the court held that the State Department’s imminent widespread reductions in force as part of its reorganization plans is barred by the existing injunction.

July 8, 2025: In an 8-1 decision, the Supreme Court stayed a preliminary injunction which had blocked the administration from implementing widespread Reduction in Forces (RIFs) and agency reorganizations across 22 agencies. The majority noted that the Executive Order 14210 and related memorandum are likely to be lawful, and found the district court had based its injunction on those directives rather than individual agency plans. They declined to opine as to whether any specific RIFs or reorganization plans may be lawful. Justice Sotomayor concurred to emphasize that the lower court may still review individual agency plans on a case-by-case basis. Justice Jackson dissented.

July 21, 2025: Defendants filed a motion to dismiss for lack of jurisdiction.

July 28, 2025: The Ninth Circuit granted the Defendants’ emergency motion for an immediate administrative stay.

July 28, 2025: Judge Illston issued a statement in response to the Defendants’ mandamus petition augmenting the appellate record with additional information regarding the number of RIFs and agencies that should have been included in petitioners’ application to the Supreme Court.

Sept. 19, 2025: The Ninth Circuit Court of Appeals vacated the district court’s preliminary injunction halting agency-wide reductions in force and agency reorganizations across 22 agencies. The court remanded the case for further proceedings in light of the Supreme Court’s stay order and intervening precedent. The panel also denied the administration’s mandamus petition seeking to block in camera review of agency reorganization plans, holding the district court had not committed clear error in ordering the production of agency RIF and Reorganization plans. Judge Ikuta dissented, warning the order “compelled disclosure of intra-executive deliberations in violation of separation-of-powers principles.”

Sept. 9, 2025: Judge Illston granted defendants’ motion to dismiss with respect to DOGE, finding that plaintiffs had sufficiently alleged the substance of their claims, but that the “Department of Government Efficiency” was not a properly named defendant. Judge Illston granted plaintiffs leave to amend to properly name the U.S. DOGE Service and denied the motion to dismiss in all other respects.

Sept. 26, 2025: The Ninth Circuit temporarily stayed Judge Illston’s July 18, 2025 order granting in part and denying in part defendants’ motion for a protective order.

Sept. 29, 2025: Plaintiffs filed a Second Amended Complaint naming the U.S. DOGE Service as a defendant.

Jan. 5, 2026: The Ninth Circuit denied the government’s petition for a panel rehearing or rehearing en banc, leaving in place the lower court’s order requiring the administration to produce agency reorganization and RIF plans.

State of New York v. Kennedy (D.R.I.)

1:25-cv-00196

Complaint

2025-05-05State A.G. PlaintiffsGovernment Action Blocked Pending AppealStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-09-17

On March 27, Health and Human Services Secretary Robert F. Kennedy issued a directive terminating 10,000 Health and Human Services (“HHS”) employees and closing dozens of agencies controlled by HHS. Plaintiffs are a group of 19 states impacted by the shuttering of HHS departments, led by the State of New York. They allege that the abrupt termination of HHS services has paralyzed the Agency and deprived the public of its Congressionally mandated services. Plaintiffs allege that Secretary Kennedy’s orders violate the separation of powers doctrine, the Appropriations Clause, were ultra vires, and violated the Administrative Procedure Act by being arbitrary and capricious and contrary to law. They seek declaratory and injunctive relief.

Update 1: On July 1, Judge DuBose granted a preliminary injunction halting the Department of Health and Human Services (HHS) from implementing its proposed reorganization and mass workforce reduction. The court ruled that the agency action could be “set aside” under Administrative Procedure Act, though requested additional briefing on the ways in which the recent Supreme Court holding restricting nationwide injunctions in Trump v. CASA impacts the scope of the Order.

Update 2: On July 18, Judge DuBose denied the defendants’ motion to vacate the preliminary injunction. 

Update 3: On August 13, the Trump administration filed an appeal with the First Circuit challenging the preliminary injunction halting the Department of Health and Human Services’ proposed reorganization and mass workforce reduction. It also filed an emergency motion to stay the injunction pending appeal.

Update 4: On September 17, the First Circuit Court of Appeals denied the government’s motion for a stay pending appeal, agreeing with the district court that HHS’s mass firings and restructuring were likely arbitrary and capricious under the Administrative Procedure Act (APA). The Court noted that the government did not “meaningfully engage” with the district court’s analysis of plaintiffs’ APA claims, and failed to “put forth any argument that HHS ‘examine[d] the relevant data and articulate[d] a . . . rational connection between the facts found and the choice made.’”

Jackson v. Kennedy (D.D.C.)

1:25-cv-01750

Complaint

2025-06-03Awaiting Court RulingStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-06-03

On April 1, 2025, the U.S. Department of Health and Human Services (HHS or Department) notified thousands of federal workers that they were being terminated through Reduction-in- Force (RIF) notices. The terminations were facilitated by HHS personnel records which had been shared with the U.S. DOGE Service (DOGE), the U.S. Office of Personnel Management (OPM), and the Office of Management and Budget (OMB). A group of HHS employees filed suit on June 3, alleging that the information used to make decisions about who should be included in the RIF was inaccurate and flawed, that HHS knew the data was inaccurate, and that the sharing of this data with DOGE, OPM and OMB were a violation of the Privacy Act, 5 U.S.C. § 552a. They seek declaratory judgement that the use of the data was unlawful and also seek monetary damages.

Goodman v. Lutnick (D. Md.)

8:25-cv-02097

Complaint

2025-06-30Awaiting Court RulingStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-06-30

The Trump Administration, through coordinated efforts by the Office of Personnel Management (OPM), the Department of Commerce, the National Oceanic and Atmospheric Administration (NOAA) and other agencies, orchestrated a mass termination of probationary federal employees, including hundreds at NOAA, citing poor performance without individualized review or supporting documentation and often despite employee’s exemplary performance histories. In response, former employees of NOAA filed a class action complaint on June 30, 2025 protesting their terminations as probationary employees and alleging reputational damage, loss of income and benefits, diminished employment prospects and emotional distress from being wrongfully terminated for unsubstantiated poor performance which has been recorded in official government documents. The complaint alleges that the firings—which were carried out via a directive by the OPM—violate the Privacy Act, 5 U.S.C. § 552a(g)(1), by maintaining false or incomplete records stating the terminations were based on performance. They seek actual damages and declaratory relief.

American Federation of Government Employees v. Office of Management and Budget (N.D. Cal.)

3:25-cv-08302

Complaint

Amended Complaint

2025-10-04

Second Amended Complaint

2025-10-28

2025-09-30Government Action Temporarily BlockedStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2026-01-02

On Sept. 24, 2025, the Office of Management and Budget (OMB) issued a memorandum that discussed using the government shutdown as a basis for downsizing federal agencies. Plaintiffs are labor organizations representing federal employees that filed suit on Sept. 30, 2025, challenging the ability of the Trump administration to issue Reductions in Force (RIFs) during a government shutdown. Plaintiffs allege that the Trump administration’s actions are arbitrary and capricious, not in accordance with the law, and exceed statutory authority in violation of the Administrative Procedure Act. Plaintiffs seek declaratory and injunctive relief vacating the OMB’s memorandum and staying actions taken to effectuate it.

Oct. 4, 2025: Plaintiffs filed an amended complaint, adding numerous officials from federal agencies as Defendants and claims that Defendants’ actions were ultra vires and violative of the Appropriations Clause.

Oct. 15, 2025: Judge Illston issued a temporary restraining order blocking the administration from issuing or implementing RIF notices to federal employees during the government shutdown. Under the order, Defendant agencies must submit to the court a list of all “actual or imminent” RIF plans that are enjoined by the order.

Oct. 28, 2025: Judge Illston granted a preliminary injunction, further enjoining any shutdown-related layoffs.

Oct. 28, 2025: Plaintiffs filed a second amended complaint, adding several other labor organizations as Plaintiffs and several other officials as Defendants.

Dec. 17, 2025: Judge Illston granted Plaintiffs’ motion for a preliminary injunction, enjoining the administration from implementing reductions in force (RIFs) at the State Department, Department of Education, General Services Administration, and Small Business Administration through Jan. 30, 2026 and ordering a rescission of all RIFs issued for those agencies between Oct. 1, 2025 and Nov. 12, 2025, pursuant to the Continuing Resolution that ended the fall 2025 government shutdown.

Dec. 22, 2025: The government appealed to the Ninth Circuit.

Dec. 23, 2025: The Ninth circuit granted the government a partial administrative stay of the district court’s order requiring rescission of RIF notices, leaving the rest of the injunction in place.

Jan. 2, 2026: The court granted the government’s motion to dismiss the appeal.

Public Employees for Environmental Responsibility v. Office of Management and Budget (D. Md.)

8:25-cv-04164

Complaint

2025-12-17Awaiting Court RulingStructure of Government/PersonnelLarge-Scale Reductions in Force / Termination of Probationary Employees (Executive Order 14210)2025-12-17

[Coming soon]

On Dec. 17, 2025, a coalition of government oversight non-profit organizations filed a complaint against the Office of Management and Budget (OMB) for its decision against apportioning congressionally-appropriated funds for the Council of the Inspectors General on Integrity and Efficiency (CIGIE)---the office tasked with addressing integrity and professionalism issues in the Offices of Inspectors General---for fiscal year 2026.

Rodgers v. United States (D. Colo.)

1:25-cv-03971

Complaint

2025-12-11Awaiting Court RulingStructure of Government/PersonnelEmployment Actions During Government Shutdown2025-12-11

[Coming soon - On Dec. 11, Benjamin Rodgers sued the government on behalf of a putative class of TSA agents over the administration’s failure to pay TSA agents who continued to work during the 2025 government shutdown.]

Pueblo of Isleta v. Secretary of the Department of the Interior (D.D.C.)

1:25-cv-00696

Complaint

2025-03-07Awaiting Court RulingStructure of Government/PersonnelLayoffs within Bureau of Indian Education2025-11-25

The BIE, overseen by the Department of the Interior, implemented layoffs (referred to as "Reductions in Force" or “RIF”s) and restructured its operations, resulting in degraded educational services at federally funded schools, including Isleta Elementary School and Haskell Indian Nations University. The plaintiffs, three tribal nations (Pueblo of Isleta, Prairie Band Potawatomi Nation, and Cheyenne and Arapaho Tribes) and five Native American students sued the Department of the Interior and argued that these actions were arbitrary, capricious, and an abuse of agency discretion under the Administrative Procedure Act and violated federal laws requiring tribal consultation under 25 U.S.C. §§ 2003 and 2011. The plaintiffs seek a preliminary injunction to stop further staff reductions and restructuring, as well as a permanent injunction to ensure compliance with tribal consultation requirements and protect educational services for Native students.

July 10, 2025: Judge Amir H. Ali granted parties’ joint motion to stay the proceedings for 3 months.

Nov. 25, 2025: The parties filed a joint status report in which they agreed to continue the stay and confirmed they would file a new status report on Feb. 19, 2026.

State of Rhode Island v. Trump (D.R.I.)

1:25-cv-00128

Complaint


Amended Complaint 2025-06-12

2025-04-04State A.G. PlaintiffsGovernment Action BlockedStructure of Government/PersonnelMuseums and Public Libraries (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy)2025-11-21

On Mar. 14, 2025, President Trump issued Executive Order 14238, “Continuing the Reduction of the Federal Bureaucracy,” which drastically reduces funding and staffing at the Institute of Museum and Library Services (IMLS), Minority Business Development Agency (MBDA), and Federal Mediation and Conciliation Services (FMCS). The attorneys general of 21 states sued, alleging that the actions violate the Administrative Procedure Act as arbitrary and capricious, contrary to constitutional rights and contrary to law as it violates the notice-and-comments requirements, the Constitution’s Take Care Clause, Appropriations Clause, and separation of powers protections as well as the Impoundment Control Act by seeking to eliminate agencies without Congressional action. They seek to have the administration’s actions declared unlawful and unconstitutional and the issuance of preliminary and permanent injunctions reversing the steps taken to eliminate the agencies and preventing further such actions.

Update 1: On Apr. 4, Plaintiffs filed a motion for a temporary restraining order to prevent Defendants from implementing Executive Order 14,238 as it relates to the IMLS, MBDA, and FMCS, pending review of the case on the merits.

Update 2: On Apr. 9, Plaintiffs and Defendants jointly filed a stipulation converting Plaintiffs’ motion for a TRO to a motion for a preliminary injunction and setting a timeline for further responses to the motion.

Update 3: On Apr. 14, Defendants filed a memorandum opposing Plaintiffs’ motion for an emergency TRO, asserting that Plaintiffs failed to show a likelihood of success on any of their claims.

Update 4: On Apr. 16, Plaintiffs filed a reply supporting their motion for a preliminary injunction, reasserting that Defendants’ actions in closing the agencies violated the APA and Constitutional separation-of-powers provisions.

Update 5: On May 6, Judge John McConnell granted a preliminary injunction.

Update 6: On Jun. 12, Plaintiffs filed an amended complaint.

Update 7: On September 11, the 1st Circuit Court of Appeals unanimously denied the administration’s motion to stay a district court’s preliminary injunction blocking steps to shut down the Institute of Museum and Library Services, the Minority Business Development Agency, and the Federal Mediation and Conciliation Service. The court held that the administration failed to make a showing of likely success on appeal or that lifting the injunction would serve the public’s interest. The injunction remains in effect, leaving the agencies operating while the appeal proceeds.

Update 8: On Nov. 21, Judge McConnell granted plaintiffs’ motion for summary judgment, holding that the administration’s executive order dismantling the Institute of Museum and Library Services, the Minority Business Development Agency, the Federal Mediation and Conciliation Service, and the U.S. Interagency Council on Homelessness is unlawful.

American Library Association v. Sonderling et al (D.D.C.)

1:25-cv-01050

Complaint

2025-04-07Temporary Block of Government Action DeniedStructure of Government/PersonnelMuseums and Public Libraries (Executive Order 14238 - Continuing the Reduction of the Federal Bureaucracy)2025-06-06

On Mar. 14, 2025, President Trump issued Executive Order 14238, “Continuing the Reduction of the Federal Bureaucracy,” which calls for the elimination of the Institute of Museum and Library Services (IMLS) and instructs the agency to “reduce the performance of their statutory functions and associated personnel to the minimum presence and function required by law” while instructing the Office of Management and Budget to reject funding requests from the agency. Following the promulgation of the EO, employees from the Department of Government Efficiency (DOGE) terminated nearly all of IMLS’s staff and began canceling grants, while Acting IMLS Director Keith Sonderling fired all 23 members of the National Museum and Library Services Board. Plaintiffs, including a nonprofit membership organization promoting library access and the American Federation of State, County and Municipal Employees, allege that the actions violate the Constitution’s Take Care Clause and separation of powers protections by seeking to eliminate agencies without Congressional action, the First Amendment, and the Administrative Procedure Act as arbitrary and capricious and in violation of the Impoundment Control Act, the Appropriations Act, and MLSA §203 (a) which established IMLS as an independent agency.. They seek to have the administration’s actions declared unlawful and unconstitutional and the issuance of preliminary and permanent injunctions reversing the steps taken to eliminate the IMLS and preventing further such actions.

Update 1: On Apr. 10, Plaintiffs filed a motion for a preliminary injunction directing Defendants to cease actions taken to dissolve the IMLS while the court considers the case. Plaintiffs also filed a memorandum in support of their motion reasserting their arguments that the administration’s actions toward IMLS violate the Constitution and the Administrative Procedure Act.

Update 2: On Apr. 21, Defendants filed an opposition brief to Plaintiff’s motion for a preliminary injunction arguing that Plaintiffs lack standing, that their claims should be heard in a different court or administrative body, and that Plaintiffs are unlikely to succeed on their statutory and constitutional claims.

Update 3: On Apr. 28, Plaintiffs filed a reply in support of a preliminary injunction. Plaintiffs argued that they have standing, have filed their claims in the right court, and that they have shown a likelihood of success on the merits for their statutory and constitutional claims.

Update 4: On May 1, Judge Richard Leon granted a temporary restraining order.

Update 5: On Jun. 6, Judge Leon issued an order and opinion denying Plaintiff’s motion for a preliminary injunction, holding that his court likely did not have jurisdiction and the case should instead be brought in the Court of Federal Claims.

National Treasury Employees Union v. Donald J. Trump et al (D.D.C.)

1:25-cv-00170

Complaint

2025-01-20Awaiting Court RulingStructure of Government/PersonnelReinstatement of Schedule F for Policy/Career Employees (Executive Order 14171)2025-06-27

Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The National Treasury Employees Union sued to block implementation of the order on behalf of the union’s members. The lawsuit argues that the executive order violates laws Congress passed to provide civil-service protections to the vast majority of civil servants, with only limited exceptions for Senate-confirmed political appointees.

June 27, 2025: The court granted Defendant’s Consent Motion for a Stay, in which Defendants argued that given that a final rule concerning civil-service protections was anticipated later this year, as well as the existence of similar ongoing litigation, “it would conserve the parties’ resources and promote judicial economy to litigate all challenges to Defendants’ actions on the same timeline and to focus all litigation on the anticipated final rule.”

Public Employees for Environmental Responsibility v. Donald Trump et al (D. Md.)

8:25-cv-00260

Complaint

Amended Complaint

2025-03-12

2025-01-28Awaiting Court RulingStructure of Government/PersonnelReinstatement of Schedule F for Policy/Career Employees (Executive Order 14171)2025-04-22

Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. PEER, represented by Citizens for Responsibility and Ethics in Washington and Democracy Forward, sued to enjoin implementation of the executive order. The lawsuit argues that the executive order violates the Administrative Procedure Act (APA) and deprives civil servants of due process by stripping them of protections guaranteed under the Civil Service Reform Act of 1978.

Mar. 12, 2025: Plaintiff filed an amended complaint. The amended complaint asks the court to declare the executive order ultra vires, in violation of the APA as contrary to the Civil Service Reform Act, as well as by failing to undertake required rulemaking processes, and in violation of the Fifth Amendment’s Due Process Clause.

Apr. 22, 2025: Defendants moved to dismiss Plaintiffs’ complaint for failure to state a claim on which relief can be granted and for lack of jurisdiction.

American Federation of Government Employees, AFL-CIO and American Federation of State, County And Municipal Employees, AFL-CIO v. Donald Trump et al (D.D.C.)

1:25-cv-00264

Complaint

2025-01-29Case ClosedStructure of Government/PersonnelReinstatement of Schedule F for Policy/Career Employees (Executive Order 14171)2025-11-24

On Jan. 27, 2025, Director of the Office of Personnel Management (OPM) Charles Ezell issued guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The AFGE and AFSCME – labor organizations representing federal, state and local employees – assert that the Trump administration failed to follow proper notice-and-comment procedures under the Administrative Procedural Act (APA) in issuing the order, which renders “inoperative or without effect” existing regulations, 5 C.F.R. 210.102(b)(3), 5 C.F.R. 210.102(b)(4), and 5 C.F.R. § 302.601-603. The plaintiffs sued, seeking a declaratory judgment to that effect, as well as an injunction enjoining the Defendants from enforcing the order without first complying with the APA’s notice-and-comment requirements.

Apr. 22, 2025: Defendants moved to dismiss Plaintiffs’ complaint for failure to state a claim on which relief can be granted and for lack of jurisdiction. They assert Plaintiffs’ claims fail regardless of jurisdiction because the APA requires final agency action, which they believe is not present in this case, and the APA does not apply to the President when he acts directly.

June 30, 2025: The court granted the Plaintiffs’ motion to stay for 120 days, with the intention to stay proceedings pending issuance of a final rule.

Nov. 24, 2025: The parties filed a joint stipulation to dismiss the case without prejudice.

Government Accountability Project v. Office of Personnel Management (D.D.C.)

1:25-cv-00347

Complaint

2025-02-06Awaiting Court RulingStructure of Government/PersonnelReinstatement of Schedule F for Policy/Career Employees (Executive Order 14171)2025-02-06

On Jan. 27, 2025, Director of the Office of Personnel Management (OPM) Charles Ezell issued Guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. Plaintiffs—independent nonprofits representing whistleblowers, federal employees, retirees and their survivors—allege that the OPM Guidance did not go through proper procedure under the Administrative Procedure Act, violates the Civil Service Reform Act’s protections for career employees, and violates civil servants’ Fifth Amendment Due Process rights. They seek a declaratory judgment that the executive order and the OPM Guidance are unlawful and an injunction enjoining the administration from implementing the executive order and the OPM Guidance.

Dellinger v. Bessent (D.D.C.)

1:25-cv-00385

Complaint

2025-02-10Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-07-29

Plaintiff Hampton Dellinger has been the Special Counsel in the Office of the Special Counsel (OSC) since Mar. 6, 2024, when he was nominated by the President and confirmed by the Senate for a five-year term. The OSC is an independent federal agency founded by Congress as part of the Civil Service Reform Act of 1978. Its primary function is to protect federal employees and others who come forward as whistleblowers. Once confirmed, the Special Counsel serves a five-year term and “may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.” On Feb. 7, 2025, Dellinger received a two-sentence email from Sergio Gor, informing Dellinger that he was terminated, effective immediately, and stating no cause for such termination. Dellinger is suing under six different counts and seeks a declaratory judgment that President Trump’s decision to fire him was unlawful, that the Special Counsel may only be removed for cause; and seeks an order that Dellinger may not be removed and is entitled to backpay. As precedent for the constitutionality of the statutory for-cause protection, Dellinger cites to Humphrey’s Executor.

Update 1: On Feb. 10, 2025, Judge Amy Berman Jackson issued an administrative stay on Dellinger’s termination through midnight on February 13, 2025, while the parties submit their briefs.

Update 2: On Feb. 11, 2025, defendants appealed to the D.C. Circuit (case no. 25-5025), making an emergency motion to stay the district court’s administrative stay.

Update 3: On Feb. 12, 2025, the D.C. Circuit dismissed the appeal for lack of jurisdiction.

Update 4: On Feb. 12, 2025, Judge Amy Berman Jackson of the D.C. District Court granted a temporary restraining order, ordering that Dellinger shall continue to serve as Special Counsel and prohibiting defendants from denying him the resources and materials of his office.

Update 5: On Feb. 13, Defendants filed an appeal to the D.C. Circuit (case no. 25-5028). In the District Court, their motion for a stay pending appeal was denied.

Update 6: On Feb. 15, the D.C. Circuit rejected the Defendant’s appeal in a 2-1 opinion.

Update 7: The Government petitioned the U.S. Supreme Court asking the Justices to freeze and vacate the district court order that had temporarily reinstated Dellinger.

Update 8: On Feb. 21, the Supreme Court rejected (7-2) the Government’s petition on the ground that a TRO was not properly subject to appeal at this stage.

Update 9: On Feb. 26, Judge Jackson extended the TRO ordering that Dellinger remain as Special Counsel for an additional three days until she “complete[s] the written opinion on the consolidated motion for preliminary injunction and cross motions for summary judgment” (indicating she will rule on that day, Mar. 1).

Update 10: On Mar. 1, Judge Jackson issued an Opinion and Order in favor of the Plaintiff. The Defendants immediately appealed to the D.C. Circuit.

Update 11: On Mar. 5, the D.C. Circuit in a 3-0 decision put a halt to the district court order pending the appeal. “This order gives effect to the removal of [Dellinger] from his position as Special Counsel of the U.S. Office of Special Counsel,” the D.C. Circuit wrote.

Update 12: On Mar. 6, Dellinger announced that he was dropping his case.

Update 13: On Mar. 31, the case was dismissed with prejudice.

Grundmann v. Trump et al. (D.D.C.)

1:25-cv-00425

Complaint

2025-02-13Government Action Not Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-10-29

On Feb, 10, 2025, White House official Trent Morse sent a two-sentence email to Susan Grundmann stating that her position on the Federal Labor Relations Authority (FLRA), an independent agency, “is terminated, effective immediately.” Plaintiff Susan Grundmann challenges her removal from the FLRA. Plaintiff was Chair of the FLRA when she received the email from Morse, Deputy Director of the White House Office of Presidential Personnel. Plaintiff alleges she was improperly removed in violation of the Federal Service Labor-Management Relations Statute (5 U.S.C. § 7104), which states that “Members of the Authority…may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office.” Plaintiff seeks declaratory relief and an injunction ordering her reinstatement.

Update 1: On Feb. 14, Plaintiff filed a motion for preliminary injunction and summary judgment.

Update 2: On Feb. 25, defendants filed a cross motion for summary judgement and memorandum in opposition to the motion for a preliminary injunction.

Update 3: On Mar. 12, Judge Sparkle Sooknanan granted Plaintiff’s motion for summary judgment, holding that her termination was unlawful and granting a permanent injunction reinstating her authority.

Update 4: On May 8, Defendants appealed Judge Sooknanan’s Mar. 12 order granting Plaintiff’s motion for summary judgment to the D.C. Circuit.

Update 5: On Jun. 18, the D.C. Circuit issued an administrative stay of Judge Sparkle’s Mar. 12 order granting Plaintiff’s motion for summary judgment .

Update 6: On Jul. 3, the D.C. Circuit dissolved its administrative stay of Judge Sparkle's Mar. 12 summary-judgment order and granted the motion for a stay pending appeal.

Update 7: On Jul. 26, the D.C. Circuit denied Plaintiffs’ petition for rehearing en banc—which it construed as a motion for reconsideration en banc—of its Jul. 3 stay order.

Update 8: On Oct. 29, the D.C. Circuit, on its own motion, removed the case from the Dec. 5 oral argument calendar and held it in abeyance pending the Supreme Court’s disposition of Trump v. Slaughter, No. 25-332.

LeBlanc & Felten v. United States Privacy and Civil Liberties Oversight Board (D.D.C.)

1:25-cv-00542

Complaint


Amended Complaint 2025-03-12

2025-02-24Government Action Not Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-09-17

On Jan, 27, 2025, the U.S. Privacy and Civil Liberties Oversight Board (PCLOB) purported to remove Plaintiffs, two Senate-confirmed members of the Board. Plaintiffs represent two out of three Democratic members of the Board, which is required by statute to have Democratic and Republican members. Plaintiffs allege that the text, structure, and function of the 9/11 Commission Act bars removal of PCLOB members without good cause. They also assert that by removing Board members solely on the basis of their political affiliation, defendants have acted “not in accordance with law.” They seek a declaration that the Defendants “have no authority” to remove Plaintiffs from the Board based on their political affiliation and for the court to “hold unlawful and set aside the purported removals.” They also seek an injunction prohibiting defendants (other than the President) from removing them from their positions without good cause and enjoin defendants (other than the President) to restore them to those positions.

Update 1: On Mar. 12, Plaintiffs amended their complaint. No new claims were added in the amended complaint, however Plaintiffs included a request for an award of backpay of up to $10,000 from the date of the unlawful removals to their prayer for relief. On that same day, Plaintiffs filed a motion for summary judgment, memorandum in support, and statement of undisputed facts. Plaintiffs note that Congress revised the PCLOB statute in 2007 to secure the Board’s independence from Presidential control.

Update 2: On Apr. 3, Defendants filed a cross motion for summary judgment and opposition to Plaintiffs’ motion for summary judgment and memorandum in support in which they assert Plaintiffs’ claims are without merit.

Update 3: On Apr. 16, Plaintiffs filed a response to Defendants’ cross-motion to the Plaintiffs’ motion for summary judgment and reply in support of Plaintiffs’ motion for summary judgment. In this response, Plaintiffs argue that Defendants incorrectly interpreted the PCLOB statute to allow the President to freely fire PCLOB members without cause. The next day, Plaintiffs filed their response to Defendants’ opposition to Plaintiffs’ motion for summary judgment.

Update 4: On Apr. 23, Defendants replied in further support of their cross-motion for summary judgment. Defendants argue that President Trump lawfully removed Plaintiffs from PCLOB because the text in PCLOB’s statute does not limit the President’s presumptive removal authority.

Update 5: On May 21, Judge Reggie Whalton issued a summary judgment for the Plaintiffs along with a memorandum opinion.

Update 6: On May 27, Defendants appealed Judge Whalton’s summary judgment order to the D.C. Circuit.

Update 7: On May 29, the Court denied Defendants motion to stay pending appeal.

Update 8: On July 1, the Court of Appeals granted the motion for a stay pending appeal of the district court’s May 21 order.

Update 9: On September 17, eleven members of Congress, several of whom are members of the Senate Select Committee on Intelligence, filed an amicus brief supporting plaintiffs challenging the administration for its at-will removal of United States Privacy and Civil Liberties Oversight Board (PCLOB) board members. The members argue that Congress’ designed the PCLOB with the intent to insulate it from executive branch influence and maintain the agency’s independent, non-partisan expertise.

Cathy A. Harris v. Bessent et al (D.C. Cir.)

25-5037

Complaint

2025-03-04Government Action Not Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-12-05

Plaintiff Cathy A. Harris challenges her removal from the Merit Systems Protection Board (MSPB), an independent federal agency. Plaintiff alleges that she received a one-sentence email from Trent Morse, Deputy Assistant to the President and Deputy Director of the White House Presidential Personnel Office, stating that Plaintiff had been terminated, effective immediately. Plaintiff, whose term on the MSPB was set to expire in 2028, alleges that she was unlawfully removed from her position without justification, despite the statutory requirement that MSPB members may only be removed for “inefficiency, neglect of duty, or malfeasance in office.” She alleges the action was ultra vires and violated the Administrative Procedure Act. She seeks a declaratory judgment and injunction as well as an emergency temporary restraining order to reinstate her position on the MSPB.

Update 1: On Feb. 11, Plaintiff moved for a temporary restraining order declaring that her removal is unlawful and that she is a member of the MSPB, and enjoining obstructing her access to the office.

Update 2: On Feb. 18, Judge Rudolph Contreras granted the temporary restraining order and ordered that Harris continue to serve as Chair of the MSPB until the court rules on a preliminary injunction.

Update 3: On Mar. 4, Judge Contreras granted the plaintiff’s motion for summary judgment. The court issued a declaratory judgment that Harris remains a member of the MSPB and that she may be removed by the President prior to the expiration of her term only for inefficiency, neglect of duty, or malfeasance in office. The court also enjoined defendants from removing Harris from office without cause.

Update 4: On Mar. 4, the government appealed to the D.C. Circuit and moved that the district court stay its order pending appeal.

Update 5: On Mar. 5, the district court denied the government’s motion to stay its order pending appeal.

Update 6: On Mar. 6, the government filed an emergency motion with the D.C. Circuit to stay the district court’s judgment pending appeal. On Mar. 10, Harris filed her response. On Mar. 12, the government filed a reply.

Update 7: On Mar. 28, the D.C. Circuit, in a 2-1 decision, granted the Defendants’ motion to stay the district court decision pending appeal.

Update 8: On Mar. 28, as well the Plaintiff submitted a notice of intent to petition for an en banc hearing, and to stay the order.

Update 9: On Apr. 7, the Plaintiff filed a brief with the D.C. Circuit Court of Appeals, arguing that the Court should affirm the district court’s order.

Update 10: On Apr. 7, the D.C. Circuit, in a 7-4, en banc decision reinstated the district court's order.

Update 11: On Apr. 9, the Defendants petitioned the U.S. Supreme Court for a stay, and the Court, per Chief Justice Roberts, issued a stay and ordered the plaintiffs to respond by Apr. 15, which they did.

Update 12: On Apr. 11, Defendants filed a reply brief.

Update 13: On May 22, the Supreme Court granted the government’s request for a stay while the case is on appeal.

Update 14: On Dec. 5, the D.C. Circuit ruled 2-1 that firing protections for members of the National Labor Relations Board (NLRB) and Merit Systems Protection Board (MSPB) are unconstitutional. In the decision, Judge Gregory Katsas, joined by Judge Justin Walker, wrote that the NLRB and MSPB wield executive, rather than quasi-legislative or quasi-judicial power, and that Congress thus cannot restrict the president from removing their members. In dissent, Judge Florence Pan wrote that, until and unless the Supreme Court overturns Humphrey’s Executor, which deemed firing protections for heads of independent multimember agencies constitutional, that case “requires us to uphold the independence of the MSPB and the NLRB.”

Gwynne A. Wilcox v. Donald J. Trump et al (D.C. Cir.)

25-5057

Complaint

2025-03-07Government Action Not Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-12-05

This case challenges President Trump’s removal of Gwynne A. Wilcox from her position on the National Labor Relations Board. The suit alleges the removal is in violation of the National Labor Relations Act (29 U.S.C. § 151 et seq.), which allows the president to remove Board members only in cases of neglect of duty or malfeasance and only after notice and hearing. The Plaintiff is seeking relief under the Declaratory Judgement Act, 28 U.S.C. §§ 2201 and 2202, to establish that she remains a rightful member of the Board and that the President lacks authority to remove her. She also seeks an injunction against the Chairman of the National Labor Relations Board, who oversaw the termination.

Update 1: On Feb. 10, Plaintiff moved for expedited summary judgment.

Update 2: On Feb. 21, the government filed a cross-motion for summary judgment, arguing statutory restrictions protecting NLRB members unconstitutionally conflict with the President’s Article II powers.

Update 3: On Mar. 6, Judge Beryl Howell granted the plaintiff’s motion for summary judgment, and denied the defendant's cross motion for summary judgment. The court issued a declaratory judgment that Wilcox’s firing was unlawful and that she remains a member of the NLRB; the court further ordered that Wilcox be allowed to continue to serve in office unless removed for cause under the NLRA, and enjoined defendants from removing Wilcox or impeding her from executing her duties.

Update 4: On Mar. 7, defendants appealed to the D.C. Circuit (Case No. 25-5057) and requested the district court issue a stay pending appeal. On Mar. 8, Judge Howell denied the motion to stay.

Update 5: On Mar. 10, the government filed an emergency motion with the D.C. Circuit to stay the district court’s judgment pending appeal. On Mar. 11, Wilcox filed her response. On Mar. 13, the government filed a reply.

Update 6: On Mar. 28, the D.C. Circuit, in a 2-1 decision, granted the Defendants’ motion to stay the district court decision pending appeal.

Update 7: On Mar. 28, as well the Plaintiff submitted a notice of intent to petition for an en banc hearing, and to stay the order.

Update 8: On Apr. 7, the D.C. Circuit, in a 7-4, en banc decision reinstated the district court's order.

Update 9: On Apr. 9, the Defendants petitioned the U.S. Supreme Court for a stay, and the Court, per Chief Justice Roberts, issued a stay and ordered the plaintiffs to respond by Apr. 15, which they did.

Update 10: On Apr. 7, Wilcox filed an appellate brief, arguing that the District Court’s grant of summary judgment in favor of the Plaintiff should be upheld. Wilcox reiterates her argument that the President does not have the authority to remove members of the NLRB without cause. Wilcox also challenges the government’s argument that the District Court does not have the right to grant injunctive relief.

Update 11: On Apr. 11, the Defendants filed a reply brief, arguing that the President has constitutional authority to remove members of the NLRB and MSPB at will and that the District Courts erred in ordering the reinstatement of the officers the President had already removed.

Update 12: On May 22, the Supreme Court granted the government’s request for a stay while the case is on appeal.

Update 13: On Dec. 5, the Court of Appeals for the District of Columbia ruled 2-1 that firing protections for members of the National Labor Relations Board (NLRB) and Merit Systems Protection Board (MSPB) are unconstitutional. In the decision, Judge Gregory Katsas, joined by Judge Justin Walker, wrote that the NLRB and MSPB wield executive, rather than quasi-legislative or quasi-judicial power, and that Congress thus cannot restrict the president from removing their members. In dissent, Judge Florence Pan wrote that, until and unless the Supreme Court overturns Humphrey’s Executor, which deemed firing protections for heads of independent multimember agencies constitutional, that case “requires us to uphold the independence of the MSPB and the NLRB.”

Aviel v. Gor et al (D.D.C.)

1:25-cv-00778

Complaint

2025-03-17Government Action BlockedStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-08-04

On Feb. 19, 2025, President Donald Trump signed an Executive Order titled “Commencing the Reduction of the Federal Bureaucracy,” which mandated the reduction of the size of the federal government and listed the Inter-American Foundation (IAF) as a covered entity. After her purported removal as President and CEO of the IAF, Plaintiff Sara Aviel filed suit against the Department of Government Efficiency (DOGE) and several federal officials, including Trump and Pete Marocco, the Acting Deputy Administrator for Policy and Planning and for Management Resources for USAID and Director of Foreign Assistance at the U.S. Department of State. Plaintiff alleges that she was unlawfully terminated because she can only be removed by the IAF’s Board of Directors and not by Trump. The Plaintiff also alleges that Trump did not follow the required process when he appointed Marocco as acting Chair of the IAF Board without advice and consent of the Senate. Plaintiff requests the Court to enter a preliminary and permanent injunction ordering that she may not be removed from her office as President and CEO of the IAF, that Defendants may not appoint Marocco or any other person as an acting member of the IAF Board or the IAF President and CEO. Plaintiff also requests the Court to declare that she lawfully remains the President and CEO of the IAF and that Marocco has not been lawfully appointed as an acting member of the IAF Board and the President of the IAF.

Update 1: On Mar. 17, Plaintiff filed a motion for an immediate administrative stay, temporary restraining order (TRO), and preliminary injunction. Plaintiff has requested that the Court orders that she should not be removed as President of the IAF, that Defendants may not appoint any Board members without going through the proper legal process, and declaring void any actions by Defendants purporting to act as a member of the Board of the IAF.

Update 2: On Mar. 26, Defendants filed a motion opposing Plaintiff’s motion for a TRO and injunction and asserting that Plaintiff should be made to post security for costs sustained by Defendants in connection with any injunctive relief in case Defendants are later found to have been wrongfully enjoined.

Update 3: On Mar. 31, Plaintiff filed a reply motion supporting their motion for a TRO and preliminary injunction.

Update 4: On Apr. 4, Judge Loren Alikhan granted a preliminary injunction, stopping the removal of Aviel from her position as president and CEO of IAF, and enjoining Peter Marocco from serving as an "acting" Board member or anyone else without Senate confirmation. The court ordered a status report on or before Apr. 7.

Update 5: On Apr. 6, Defendants appealed the Apr. 4 order granting the preliminary injunction to the United States Court of Appeals for the District of Columbia Circuit.

Update 6: On Apr. 18, Plaintiff filed a motion for summary judgment.

Update 7: On May 7, Defendants filed a cross-motion for summary judgment and opposition to the Plaintiff’s motion for summary judgment. The filing argued that Aviel was lawfully removed from her position and is not entitled to equitable relief.

Update 8: On May 14, Plaintiff filed a consolidated reply in support of their motion for summary judgment and opposition to Defendants’ cross-motion for summary judgment.

Update 9: On June 5, the Court of Appeals denied the motion for a stay pending appeal.

Update 10: On August 14, Judge Alikhan granted Plaintiff’s motion for summary judgment and denied Defendants' cross-motion for summary judgment, citing that the Defendants’ position contravenes the Federal Vacancies Reform Act, the Appointments Clause, and Supreme Court precedent. The Court concluded that Plaintiff’s alleged termination was unlawful and granted declaratory and injunctive relief. However, the Court declined to issue injunctive relief against a single defendant, President Trump, as the court has “no jurisdiction to enjoin the President in the performance of his official duties.”

Slaughter and Bedoya v. Trump (D.D.C.)

1:25-cv-00909

Complaint

2025-03-27Government Action Not Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-09-22

On Mar. 18, Rebecca Slaughter and Alvaro Bedoya, two Democratic Commissioners of the Federal Trade Commission (FTC), received a message from President Donald Trump announcing they were being removed from their positions as FTC Commissioners effective immediately on the basis that their “continued service on the FTC is inconsistent with [Trump’s] Administration's priorities.” Slaughter and Bedoya have sued Trump, as well as the Republican Commissioners of the FTC, Andrew Ferguson and Melissa Holyoak, and the FTC’s Executive Director, David Robbins, on the basis that such a removal violates the FTC Act, the Administrative Procedure Act, and the separation of powers doctrine. Plaintiffs are asking the court to declare Trump’s termination unlawful because it was not undertaken based on “inefficiency, neglect of duty, or malfeasance in office” and to enter an injunction against Ferguson, Holyoak, and Robbins ordering them to treat plaintiffs as FTC Commissioners.

Update 1: On Apr. 11, the Plaintiffs filed a motion for summary judgment, arguing that because there is no dispute about the facts and the governing law is clear, there is no barrier to proceeding straight to summary judgment.

Update 2: On Apr. 23, Defendants filed a cross-motion for summary judgment and supporting memorandum. Defendants argue that the executive power of the president encompasses the authority to remove those who aid the President in carrying out his duties and that therefore the removal of Slaughter and Bedoya was a lawful exercise of presidential power.

Update 3: On May 5, Plaintiffs filed a memorandum of law in further support of their motion for expedited summary judgment and in opposition to the Defendants’ cross-motion for summary judgment.

Update 4: On May 12, Defendants filed a reply in support of their cross-motion for summary judgment, alleging that the restrictions on the removal of FTC Commissioners are unconstitutional and that the Plaintiffs are not entitled to the relief sought.

Update 5: On July 17, Judge Alikhan granted a summary judgment and permanent injunction, ordering the administration to reinstate former FTC Commissioner Rebecca Kelly Slaughter to her previous role. Citing Supreme Court precedent, the court found the administration’s termination of Ms. Slaughter violated the FTC Act’s removal protections. However, the court dismissed a parallel claim by former Commissioner Alvaro Bedoya as moot, noting he had voluntarily resigned. The administration filed a motion to stay the decision pending appeal.

Update 6: An appeals court unanimously granted an administrative stay on July 21 of Judge Alikhan’s ruling that had ordered the reinstatement of former FTC Commissioner Rebecca Kelly Slaughter. The court set a briefing schedule with filings due before July 29.


Update 7: On July 24, Judge Alikhan denied the administration’s motion to stay her earlier summary judgment, which reinstated former FTC Commissioner Rebecca Kelly Slaughter. The court again reaffirmed that Supreme Court precedent limits the president’s authority to remove FTC Commissioners. The court distinguished this case from recent Supreme Court opinions that stayed reinstatements at other agencies, noting those decisions did not mention FTC.

Update 8: On September 2, in a 2-1 decision, the D.C. Circuit denied the administration’s motion to stay an order reinstating Federal Trade Commissioner Rebecca Slaughter. The majority concluded that the government “has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent,” referencing Humphrey’s Executor v. United States, in which the Court upheld this “exact question” regarding a similar for-cause provision.

Update 9: On September 2, President Trump requested an emergency appeal to the Supreme Court after the D.C. Circuit denied the administration’s motion to stay an order reinstating Federal Trade Commissioner Rebecca Slaughter. The administration argues that Humphrey’s Executor v. United States (1935) is no longer controlling and should be overruled, given changed circumstances of the FTC. The administration is also seeking an administrative stay pending resolution of the appeal.

Update 10: On September 8, Chief Justice John Roberts issued an administrative stay of District Judge AliKhan’s order reinstating FTC Commissioner Rebecca Slaughter. That same day, the administration filed an application requesting a stay of the lower court’s order pending appeal, as well as an administrative stay pending resolution of its application. Slaughter is required to respond to the application by September 15 at 4 PM.

Update 11: On September 22, the Supreme Court stayed a district court order that allowed Federal Trade Commissioner Rebecca Slaughter to remain in office while she challenges her firing from the agency. The stay leaves Slaughter unable to serve at the FTC pending further review. The Court also scheduled arguments in the case for December on whether Humphrey’s Executor, a 1935 Supreme Court decision restricting the President’s power to remove FTC commissioners and other independent agency leaders, should be overturned. Justice Kagan dissented from the grant of stay, saying that the Supreme Court’s emergency docket should not be used “to transfer government authority from Congress to the President, and thus to reshape the Nation’s separation of powers.”

Samuels v. Trump (D.D.C.)

1:25-cv-01069

Complaint

2025-04-09Awaiting Court RulingStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-10-24

On Jan. 27, 2025, President Donald Trump removed Plaintiff Jocelyn Samuels from her position as Commissioner at the Equal Employment Opportunity Commission (EEOC). Samuels alleges that the EEOC is an independent agency, and because of this, President Trump’s action was ultra vires in violation of Title VII of the Civil Rights Act, because he does not have the authority to remove her as Commissioner before the end of her term in 2026. Samuels asked the court to declare her termination unlawful and that she remains a Commissioner of the EEOC. She further requested that the court enjoin Defendants from blocking her access to office or preventing her from performing her role as Commissioner.

Apr. 24, 2025: Choices Pregnancy Centers of Greater Phoenix, Inc. and Christian Employers Alliance filed a Motion to Intervene as Intervenor-Defendants. The Parties oppose certain mandates advanced by the Plaintiff during her tenure at EEOC and move to intervene on the basis of their strong interest in keeping the Plaintiff out of office.

June 30, 2025: Defendants filed a motion to dismiss and supporting memorandum for failure to state a claim for which relief can be granted.

Oct. 24, 2025: The court stayed the case pending the Supreme Court’s decision in Trump v. Slaughter, No. 25-332, finding that Slaughter could resolve issues raised in Defendants’ motion to dismiss and that judicial economy outweighed any prejudice from a brief delay.

Harper v. Bessent (D.D.C.)

1:25-cv-01294

Complaint

2025-04-28Government Action Not Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-11-24

On April 15, 2025, Plaintiffs Todd M. Harper and Tanya F. Otsuka received emails from representatives of the Trump administration, purporting to terminate immediately and without any explanation their positions as Members of the Board of the National Credit Union Administration (NCUA), an independent federal agency that insures the deposits of over 4,000 federal credit unions. Plaintiffs filed suit on April 28, 2025, alleging that their removal is in violation of the Federal Credit Union Act, which requires that Board members be removed only for cause, and therefore violates the Administrative Procedure Act and the Separation of Powers Clause. They seek declaratory relief under the Declaratory Judgment Act and a Writ of Mandamus, and ask the Court to order that they be allowed to resume their statutory duties.

Update 1: On April 29, 2025, Plaintiffs filed a motion for a preliminary injunction and for judgment on the merits, as well as a motion to expedite.

Update 2: On May 9, 2025, Defendants filed a cross-motion for summary judgment and opposition to plaintiff’s motion for a preliminary injunction, and on May 23 Plaintiffs filed a reply.

Update 3: On July 22, Judge Ali granted a summary judgment in favor of plaintiffs, ruling that the administration’s firing of two Board members of the National Credit Union Administration (NCUA) was unlawful. The court held that the statutory basis and structure of NCUA limits the president’s power to fire board members at will, and such restriction is lawful under the Separation of Powers since the “NCUA Board fits comfortably within the traditional model of a multimember expert agency that does not wield substantial executive power.” The administration appealed to the D.C. Circuit and filed a motion to stay the judgment pending appeal.


Update 4: On July 24, Judge Ali denied the administration’s motion to stay the court’s summary judgment, which reinstated two Board members of the National Credit Union Administration (NCUA). The court distinguished itself from recent Supreme Court opinions that blocked the courts’ reinstatements in the Consumer Product Safety Commission and the National Labor Relations Board, noting that NCUA does not exercise the same “considerable executive power” in those cases.

Update 5: On July 25, the D.C. Circuit granted an administrative stay of the district court’s July 22 summary judgment order, pending further order of the Court of Appeals.

Update 6: On Aug. 21, the D.C. Circuit dissolved its July 25 administrative stay and granted the government’s emergency motion for a stay of the district court’s July 22 summary judgment order pending appeal.

Update 7: On Sept. 29, the D.C. Circuit ordered the case removed from the Nov. 21 oral argument calendar and held in abeyance pending the Supreme Court’s disposition of Trump v. Slaughter, No. 25-332.

Update 8: On Nov. 24, the U.S. Supreme Court denied the government’s Sept. 25 petition for certiorari before judgment.

Boyle v. Trump (D. Md.)

8:25-cv-01628

Complaint

2025-05-21Government Action Not Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-10-08

Under 15 U.S.C. § 2053, the CPSC is an independent regulatory agency with five members. CPSC Commissioners serve staggered seven-year terms and may be removed by the president “for neglect of duty or malfeasance in office but for no other cause.” The plaintiffs allege that they were informed of their removal by White House personnel without being given any justification. They argue that this action violates statutory limits on the president’s removal authority and exceeds the president’s powers under the governing statute. The lawsuit names President Trump, Treasury Secretary Scott Bessent, OMB Director Russell Vought, and Acting CPSC Chairman Peter Feldman as defendants.

Update 1: On Jun. 13, Judge Matthew Maddox issued a summary judgment in favor of the Plaintiffs.

Update 2: On Jun. 16, Defendants appealed Judge Maddox’s summary judgment order to the Fourth Circuit.

Update 3: On Jul. 1, an appeals court declined to stay the lower court’s injunction preventing the administration from removing Consumer Project Safety Commissioners. The court noted that the administration’s termination is “plainly in conflict with the textual language of the statutory removal protections, render[ing] the terminations legally ineffective.” The court also ruled that stopping the injunction would harm the plaintiffs and the public, and keeping the plaintiffs’ position “preserves, rather than disrupts, agency operations.”

Update 4: On Jul. 2, the government applied to the Supreme Court, renewing its request for a stay pending appeal and an immediate administrative stay of Judge Maddox’s Jun. 13 summary-judgment order.

Update 5: On July 23, in a 6-3 opinion, the Supreme Court granted the administration’s application to stay a Judge Maddox’s Jun. 13 summary judgment and injunction pending the government’s Fourth Circuit appeal and any petition for a writ of certiorari, allowing the administration to remove three Commissioners from the Consumer Product Safety Commission (CPSC). The court noted that the case is similar to Trump v. Wilcox, which also involves the removal of members in the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB). Justice Kavanaugh concurred. Justice Kagan, alongside Justices Sotomayor and Jackson, dissented, writing “[o]nce again, this Court uses its emergency docket to destroy the independence of an independent agency, as established by Congress.”

Update 6: On Oct. 8, the Fourth Circuit held the government’s appeal of Judge Maddox’s June 13 summary-judgment ruling in abeyance pending the Supreme Court’s decision in Trump v. Slaughter.

Perlmutter v. Blanche (D.D.C.)

1:25-cv-01659

Complaint

2025-05-22Government Action Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-11-26

On May 8, 2025 President Trump fired Dr.Carla D. Hayden, the Librarian of Congress. On May 10, Plaintiff Shira Perlmutter was informed by an email from an assistant to President Trump that on behalf of the President, her position as the Register of Copyrights and Director at the U.S. Copyright office had been terminated, effective immediately. On May 12, President Trump appointed the Deputy Attorney General at the U.S. Department of Justice, Todd Blanche, as acting Librarian of Congress. Mr. Blanche subsequently sent two Justice Department officials to the Library of Congress to attempt to access the U.S. Copyright Office and assume the positions of acting Deputy Librarian of Congress and Register of Copyrights. The Plaintiff claims that her removal as Register of Copyrights violates the Separation of Powers and Appointments Clause of the U.S. Constitution, as pursuant to the Appointments Clause, only the head of a Department can appoint inferior officers such as the Register of Copyrights. Ms. Perlmutter contends that the appointment of Defendant Blanche as acting Librarian of Congress is ultra vires because it is not authorized by the Constitution or any statutory provision and was done without the advice and consent of the Senate, and further that this appointment could not be authorized under the Federal Vacancies Reform Act as the Library of Congress is not an “Executive agency” within the meaning of this act. She argues that therefore her removal from her position by President Trump, Mr. Blanche or any other Defendant is unlawful as no Defendant is lawfully the Librarian of Congress. Plaintiff requests that the Court declare that she remains the Register of Copyrights and Director of the U.S. Copyright Office, that Mr. Blanche has not been lawfully appointed as the acting Librarian of Congress, and that the Federal Vacancies Reform Act does not authorize the appointment of a temporary acting Librarian of Congress, She also asks for a preliminary and permanent injunction ordering that she may not be removed from her office absent a decision by a lawfully appointed Librarian of Congress, that Mr. Blanche may not exercise the powers of acting Librarian of Congress, and that Defendants may not appoint any other individual in that role.

Update 1: On May 28, Plaintiff’s motion for a temporary restraining order was denied.

Update 2: On July 30, Judge Timothy Kelly denied Plaintiff’s preliminary injunction motion. In his supporting memorandum, Judge Kelly explained that Plaintiff failed to demonstrate that she will be irreparably harmed without her requested relief. Plaintiff appealed Judge Kelly’s order to the D.C. Circuit the next day.

Update 3: On Aug. 4, Plaintiff filed an emergency motion for an injunction pending appeal in which she explained she will be irreparably harmed by the resulting inability to discharge her statutory duties as the lawful Register of Copyrights and emphasized that Trump does not have the authority to remove her from her appointment.

Update 4: On Aug. 20, Judge Kelly denied Plaintiff’s emergency motion for an injunction pending appeal along with a memorandum explaining Plaintiff has not shown she faces irreparable harm absent an injunction pending appeal.

Update 5: On Sep. 10, the D.C. Circuit granted a preliminary injunction to Shira Perlmutter, the Register of Copyrights and Director of the U.S. Copyright Office, blocking the administration’s attempt to remove her. The court overruled a lower court decision that denied an injunction, concluding that only the Librarian of Congress, and not the President, has statutory authority to remove Perlmutter from her position. The court held that the district court failed to recognize the “extraordinary situation” presented by this case, distinguishing Perlmutter, who assisted Congress with its legislative function, from the numerous Executive branch officers who the President has attempted to fire. The Court concluded that the “alleged violation of the separation of powers is irreparably harmful to both Perlmutter and to our system of government.”

Update 6: On Oct. 27, the administration asked the Supreme Court to stay the D.C. Circuit's Sept. 10 ruling that allowed Perlmutter to remain in her position while she challenges her removal.

Update 7: On Nov. 26, the Supreme Court deferred ruling on the Trump administration’s request to stay the D.C. Circuit’s Sept. 10 decision allowing Shira Perlmutter to remain in her position while she challenges her removal, pending its decisions in Trump v. Slaughter, No. 25-332, and Trump v. Cook, No. 25A312.

Brown v. Trump (D.D.C.)

1:25-cv-01764

Complaint

2025-06-04Awaiting Court RulingStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-06-04

On Jun. 4, 2025, Alvin Brown, the former vice chair of the National Transportation Safety Board (NTSB), filed a lawsuit in the U.S. District Court for the District of Columbia challenging his removal by President Trump the previous month. Brown was nominated by President Biden in 2022, confirmed by the Senate in March 2024 to a term ending Dec, 31, 2026, and later designated as the Board’s vice chair. On May 5, 2025, Brown received a brief email from a White House official stating that his service on the Board was terminated effective immediately, without citing any of the statutory grounds for removal. The next day, NTSB officials cut off his access to Board systems, offices, and staff, preventing him from performing his duties. Brown, represented by Democracy Forward Foundation and Justice Legal Strategies PLLC, alleges that his ouster violates the Independent Safety Board Act of 1974, which permits removal of NTSB members only for “inefficiency, neglect of duty, or malfeasance in office.” He argues that Congress intended the NTSB to function as an independent, expert, multi-member body insulated from presidential political pressure, and that Trump therefore acted beyond his lawful authority in directing Brown’s removal. The suit seeks a declaration that the removal was unlawful and that Brown remains a Board member, as well as injunctive and mandamus relief requiring the NTSB and its chair to stop treating him as removed and to restore his full access to the office, facilities, and resources needed to carry out his responsibilities. The case is assigned to Judge Dabney L. Friedrich.

Comans v. Executive Office of the President (E.D. Va.)

1:25-cv-01237

Complaint

2025-07-24Awaiting Court RulingStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-07-24

On Feb. 11, 2025, the Department of Homeland Security and the Federal Emergency Management Agency terminated FEMA’s Chief Financial Officer Mary Comans and publicly accused her of misconduct in a DHS press release. On July 24, 2025, Ms. Comans filed a complaint challenging her termination from the agency. Ms. Comans alleges reputation damage, loss of income and harm to future employment prospects due to the abrupt and unlawful termination. She argues that the termination violated Due Process and the Administrative Procedure Act, and that the administration’s Executive Order that enabled her dismissal unconstitutionally and unlawfully limits civil service protections for members of the Senior Executive Service (SES). Comans also argues that the administrative body designated to hear cases of workers seeking reinstatement, the Merit System Protections Board, has become so dysfunctional that it no longer provides an effective remedy. She seeks reinstatement, backpay, declaratory and injunctive relief, and a name-clearing hearing.

Cook v. Trump (D.D.C.)

1:25-cv-02903

Complaint

2025-08-28Government Action Blocked Pending AppealStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-10-01

[Coming soon - On August 28, Federal Reserve Governor Lisa Cook filed suit challenging her dismissal by President Trump. Describing her removal as “unprecedented and illegal,” Cook alleges that under the Federal Reserve Act she can only be removed for “just cause,” the president has failed to demonstrate. She further argues that her termination violates the Due Process Clause. She is seeking a declaratory judgment that her firing is unlawful and an injunction against the Board of Governors of the Federal Reserve System from removing her from office.]

Update 1: On Aug. 29, 2025, President Trump opposed Plaintiff’s motion for a temporary restraining order, arguing the Federal Reserve Act gives the President broad discretion to remove a Governor “for cause,” and that Cook’s alleged false mortgage statements meet that standard. The Board of Governors of the Federal Reserve System and Chairman Jerome Powell separately filed a response to the Plaintiff’s motion, stating they were named in the suit only to ensure complete relief if Cook prevails and do not plan to argue the TRO motion. They expressed interest in a prompt ruling to remove uncertainty and confirmed they will comply with any court order.

Update 2: On September 10, District Judge Jia Cobb issued a preliminary injunction restoring Federal Reserve Board Governor Lisa Cook to her position, finding that President Trump’s attempt to remove her is likely unlawful. The court held that the cited mortgage fraud allegation predated her appointment and therefore did not meet the “for cause” removal standard. Judge Cobb also found that the administration likely violated Cook’s due process rights by not giving her a meaningful opportunity to be heard prior to her firing.

Update 3: On September 10, the administration filed an appeal of the preliminary injunction issued by District Judge Jia Cobb that restored Federal Reserve Board Governor Lisa Cook to her position. The administration has also filed a motion for an administrative stay and a stay pending appeal to the D.C. Court of Appeals, attempting to prevent Cook from remaining in her position while litigation proceeds.

Update 4: On September 15, in a 2-1 decision, the D.C. Circuit Court of Appeals denied the administration’s emergency motion for an administrative stay and a stay pending appeal, keeping Federal Reserve Board Governor Lisa Cook in her position while litigation proceeds. The majority determined that Cook’s due process claim was “very likely meritorious” because she was given no notice or opportunity to respond before removal. The order allowed for Cook to attend the Board’s Federal Open Market Committee meeting on Tuesday, Sept. 16 in her capacity as a Federal Reserve Board Governor. Judge Katsas dissented, arguing that “public office is not property” and that the administration offered a permissible cause for her dismissal without violating due process requirements and the for-cause requirement in the Federal Reserve Act.

Update 18: President Trump requested that the Supreme Court stay a preliminary injunction preventing the administration from removing Federal Reserve Governor Lisa Cook from her position. The D.C. Circuit Court of Appeals denied a stay in this case on September 15. The Justice Department argued that the two lower courts wrongly interfered with the President’s constitutional removal authority over Federal Reserve Board members.

Update 19: On October 1, the Supreme Court declined to rule immediately on the administration’s request to stay a preliminary injunction preventing the administration from removing Federal Reserve Governor Lisa Cook from her position. The decision keeps Cook in her position pending oral arguments scheduled for January 2026.

Gonzalez v. Gor (D. Puerto Rico)

3:25-cv-01508

Complaint

2025-09-18Government Action Temporarily BlockedStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-12-22

On Aug. 1 and 13, 2025, the Deputy Director of the Presidential Personnel Office sent emails informing Plaintiffs, three members of the Federal Oversight and Management Board for Puerto Rico, that they were being removed from office. Under the Puerto Rico Oversight, Management, and Economic Stability Act of 2016 (“PROMESA”), members of the Board may only be removed for cause. Plaintiffs allege that their terminations were ultra vires actions in violation of PROMESA, the Fifth Amendment, separation of powers, and the Administrative Procedure Act. They seek declaratory and injunctive relief to enjoin Defendants from effectuating their termination.

Oct. 3, 2025: District Judge María Antongiorgi-Jordán granted a preliminary injunction to three members of the Financial Oversight and Management Board for Puerto Rico who were removed by President Trump, preventing the administration from effectuating their removal. The court found that the plaintiffs are likely to succeed on the merits, establishing that the President’s actions plainly violated the “for cause” standard of the Puerto Rico Oversight, Management, and Economic Stability Act, and violated the Fifth Amendment’s Due Process Clause. Rejecting the “idea that the federal courts are incapable of fashioning any remedy against the President,” the court found that “[d]efendants have advanced arguments that both lack support in the law and run afoul of basic rule of law principles.”

Dec. 2, 2025: Defendants filed notice of interlocutory appeal.

Dec. 22, 2025: Defendants filed unopposed motion to hold case in abeyance pending the Supreme Court’s resolution of Cook v. Trump.

Primus v. Trump (D.D.C.)

1:25-cv-03521

Complaint

2025-10-01Awaiting Court RulingStructure of Government/PersonnelRemoval of Independent Agency Leaders2025-12-04

On Oct. 1, 2025, Plaintiff Robert E. Primus, a member of the Surface Transportation Board (STB), filed a complaint against President Donald J. Trump, STB Chairman Patrick J. Fuchs, and the STB, challenging his removal by the President without cause in violation of 49 U.S.C. § 1301(b)(3), which allows removal of STB members only for inefficiency, neglect of duty, or malfeasance in office. Plaintiff seeks declaratory and injunctive relief to declare his removal unlawful, restore his membership and access to STB resources, and to issue a writ of mandamus compelling defendants to allow him to perform his duties for the remainder of his term ending Dec. 31, 2027.

Gordon v. Executive Office of the President (D.D.C.)

1:25-cv-02409

Complaint

2025-07-24Awaiting Court RulingStructure of Government/PersonnelRemoval of Career Personnel 2025-07-24

Over the course of June and July 2025, Attorney General Pamela Bondi fired three longtime employees of the Department of Justice (DOJ), allegedly without notice, explanation or adherence to statutory protections governing federal employment and following Plaintiffs’ involvement in several high-profile prosecutions, including January 6th related cases. On July 24, the Plaintiffs filed a lawsuit against the administration, alleging that the firings have caused them reputational harm, loss of income and harm to future employment prospects, and claiming that their removals were politically motivated and retaliatory. They argue that their terminations violated the Administrative Procedure Act, the Fifth Amendment’s due process protections, and failure to follow certain statutory protections under the Civil Service Reform Act and Merit Systems Principles. Plaintiffs seek declaratory and injunctive relief, including reinstatement to their positions within the department, backpay, and a name-clearing hearing.

Driscoll v. Patel (D.D.C.)

1:25-cv-03109

Complaint

2025-09-10Awaiting Court RulingStructure of Government/PersonnelRemoval of Career Personnel 2025-09-10

On August 8, 2025, three senior officials at the Federal Bureau of Investigations (FBI), including former FBI Acting Director Brian J. Driscoll, Jr., received letters from FBI Director Kash Patel informing them that they were being “summarily dismissed” from their positions. The agents filed suit on Sept. 9, claiming that they were entitled to the statutory protections of the FBI Senior Executive Service (SES), a scheme specific to the FBI established by Congress and codified at 5 U.S.C. § 3151, which sets out specific procedures and processes for the dismissal of senior FBI officials. Among other things the SES mandates that a senior executive may be removed only for “misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.” 5 U.S.C. § 7543(a). Plaintiffs also argue that their terminations were based on an incorrect perception that Plaintiffs’ involvement in legitimate law enforcement activities was born of political motives and constituted acts of political disloyalty to President J. Trump and that they should be entitled to a name-clearing hearing regarding the false public statements regarding their actions and the basis for their respective removals.

The Plaintiffs allege violations of the Due Process Clause of the Fifth Amendment and the First Amendment as the actions were in retaliation for perceived political affiliation, and claim legal nullity as the dismissals were undertaken without lawful authority. They seek an order requiring Defendants to immediately reinstate Plaintiffs and to enjoin Defendants from taking any further adverse personnel action against them without providing appropriate procedural and substantive due process.

Civil Servant 1 v. U.S. Office of Special Counsel (D.D.C.)

1:25-cv-03107

Complaint

2025-09-10Awaiting Court RulingStructure of Government/PersonnelRemoval of Career Personnel 2025-10-20

On September 10, five federal civil servants, initially proceeding under pseudonyms, filed suit against the Office of Special Counsel (OSC) and its Acting Director Jamieson Greer. Plaintiffs, all terminated during the Trump Administration’s February 2025 mass probationary layoffs, allege that OSC unlawfully abandoned its statutory duty to investigate prohibited personnel practices (PPPs) involving these terminations by issuing the Probationary Directive, which mandated closing investigations of mass probationary terminations without individualized review. Plaintiffs argue this directive was arbitrary, capricious, and contrary to law under the Administrative Procedure Act (APA), violating OSC’s obligations to protect probationary federal employees from political retaliation and unlawful personnel actions. They seek declaratory and injunctive relief to compel OSC to fulfill its investigatory duties.

Update 1: On Oct. 6, the court denied Plaintiffs’ motion to proceed pseudonymously, ruling that the five civil-servant plaintiffs must file under their true names.

Update 2: On Oct. 20, 2025, Civil Servant 1 and Civil Servant 3 from the original Sept. 10 complaint filed a new complaint under their true names, in compliance with the court’s order.

Comey v. United States Department of Justice (S.D.N.Y.)

1:25-cv-07625

Complaint

2025-09-15Awaiting Court RulingStructure of Government/PersonnelRemoval of Career Personnel 2025-09-15

On July 16, 2025, Maurene Comey received an email memorandum informing her that she was immediately fired from her position as an Assistant United States Attorney for the Southern District of New York “[p]ursuant to Article II of the Constitution and the laws of the United States”. She filed a complaint on Sept. 15 stating that she had received no prior notice of or reason for the termination and was given no opportunity to respond, and alleging that her termination was politically motivated due to her perceived political beliefs and to her affiliation with her father, former FBI Director James Comey. The complaint alleges that her termination violates the Civil Service Reform Act of 1978 (CSRA) by ignoring established pre- and post- removal procedures, Articles I and II of the Constitution and Separation of Powers since the dismissal violated Congress’s authority to regulate the removal of federal employees created by the CSRA, her First Amendment right to free speech and association, her Fifth Amendment due process, property interest and liberty rights, and the Administrative Procedure Act as ultra vires in violation of statutory authority. She seeks declaratory relief, reinstatement to her role as AUSA and backpay.

Paz v. Internal Revenue Service (D.D.C.)

1:25-cv-03256

Complaint

Amended Complaint

2025-12-01

2025-09-18Awaiting Court RulingStructure of Government/PersonnelRemoval of Career Personnel 2025-12-01

On Sept. 18, 2025, former IRS Commissioner of the Large Business and International Division Holly Paz filed a complaint against the IRS alleging the agency unlawfully disclosed confidential personnel information to multiple media outlets during disciplinary proceeding, including false statements that she had been terminated, followed by a proposal to fire her, which was also shared with the media. The complaint identifies three media articles, which allegedly contained information disclosed by the IRS, in violation of the Privacy Act: Bloomberg Tax, FoxNews.com, Washington Examiner. Paz held the role of IRS Commissioner of Large Business and International Division from August 2022 until she was placed on paid administrative leave without explanation on July 29, 2025. On Sept. 2, Paz received a Notice of Proposed Adverse Action which informed her that the IRS was proposing removing her from federal service. Paz alleges that media articles regarding her employment contained private information retrieved from Privacy Act Systems of Records that the IRS was not entitled to release. She alleges violations of the Privacy Act, 5 U.S.C. § 552a, and seeks declaratory and monetary damages.

Dec. 1, 2025: Paz filed an amended complaint that detailed the injuries she has faced as a result of Defendants’ actions, including health effects and difficulty obtaining employment.

Reilly v. Bondi (M.D. Fla.)

2:25-cv-00950

Complaint

2025-10-22Awaiting Court RulingStructure of Government/PersonnelRemoval of Career Personnel 2025-10-22

On June 23, 2024, during the BIden Administration, the FBI revoked the security clearance of Kelli-ann Reilly, a 26-year career FBI Financial Analyst, following an internal investigation into statements she made about irregularities during the 2020 election which led to a suspension without pay starting on Feb. 21. On Oct. 22, Reilly sued the FBI, the DOJ, FBI Director Kash Patel, and Attorney General Pam Bondi, alleging that her security clearance had been unlawfully revoked and she had faced politically motivated retaliation. Reilly alleges that FBI officials revoked her security clearance and thus “forced her into early retirement” due to her support for Trump and belief that he had won the 2020 presidential elections, as well as for other views the FBI characterized as “conspiracy theories” and proof of “mental instability.” She alleges that the revocation and other “political targeting” violate First Amendment protections against political retaliation and viewpoint discrimination, Fifth Amendment protections for procedural due process, the Administrative Procedure Act, and the Back Pay Act. She seeks declaratory judgment that the revocation violated her rights and the APA, expungement of all records alleging “mental instability, psychological conditions, delusional beliefs, or misconduct,” and restoration of back pay and lost benefits.

Nemer v. Bondi (D.D.C.)

1:25-cv-04170

Complaint

2025-12-01Awaiting Court RulingStructure of Government/PersonnelRemoval of Career Personnel 2025-12-01

[Coming soon - On Dec. 1, 2025, Tania Nemer sued the Department of Justice, alleging that she had been removed from her position as a federal immigration judge because of her sex and national origin and because she had previously run for office as a Democrat.]

American Federation of Government Employees v. Department of Education (D.D.C.)

1:25-cv-03553

Complaint

2025-10-03Government Action BlockedStructure of Government/PersonnelCompelled Political Speech in Government Agencies2025-11-07

After a government shutdown began on October 1, 2025, numerous federal agencies posted messages on their official websites, blaming the “Democrats” or the “Radical Left” for the shutdown. Many agencies also sent mass emails to their own employees which stated: “Unfortunately, Democrats are blocking this continuing resolution in the U.S. Senate due to unrelated policy demands.” On the day of the shutdown, many Department of Education (DOE) employees discovered that the language in the out-of-office messages associated with their government email accounts had been changed to include the following phrase: “Unfortunately, Democrat Senators are blocking passage of H.R. 5371 in the Senate which has led to a lapse in appropriations.” The modified out-of-office messages are written in the first person, as if the individual employee is the person conveying the message. DOE employees were unable to remove this statement from their auto-reply message, which will be received by any member of the public and external stakeholders who try to contact these employees.

On October 3, the American Federation of Government Employees filed suit against the Department of Education, alleging that the inclusion of this language in their out-of-office email responses is a violation of the First Amendment’s prohibition on government compelled speech, as well as the Hatch Act, which prohibits federal employees from engaging in partisan speech while on duty. They seek declaratory judgment that the modification of employee messages is illegal and preliminary and permanent relief barring the government from continuing to modify out-of-office messages to include partisan political speech.

Update 1: On November 7, Judge Christopher R. Cooper granted summary judgment for the American Federation of Government Employees (AFGE), finding that the administration had violated the First Amendment by adding language to furloughed employees’ out-of-office messages blaming Democrats for shutting down the government. Judge Cooper further granted Plaintiffs a permanent injunction requiring the administration to remove “all partisan political language” from employees’ messages and prohibiting them from including such speech in any future messages.

Jane Does 1-2 v. Office of Personnel Management (D.D.C.)

1:25-cv-00234

Complaint

2025-01-27Temporary Block of Government Action DeniedStructure of Government/PersonnelSolicitation of information from career employees2025-02-17

The Office of Personnel Management announced it was testing a new system to email all civilian federal employees from a single email address, HR@opm.gov. Individuals claiming to be OPM employees subsequently posted online that the emails were being stored on an unsecure server at OPM. Plaintiffs, employees of executive-branch agencies who received “test” emails from HR@opm.gov requesting information, sued. The lawsuit alleges that the new procedure violates the E-Government Act of 2002 and asks the court to require the Office of Personnel Management to conduct a Privacy Impact Assessment before collecting any data from employees, as required under the law.

Feb. 4, 2025: The Plaintiffs requested a temporary restraining order.

Feb. 6, 2025: Judge Randolph D. Moss denied the TRO request and said an opinion will follow.

Feb. 17, 2025: In a Memorandum Opinion and Order, Judge Moss denied plaintiffs’ motion for a TRO on the ground that they had not shown they were likely to have standing or face irreparable injury without emergency relief.

Storch et al. v. Hegseth et al. (D.D.C.)

1:25-cv-00415

Complaint

2025-02-12Temporary Block of Government Action DeniedStructure of Government/PersonnelTermination of Inspectors General outside of Statutory Guidelines2025-09-25

On Jan. 24, 2025, the White House sent two-sentence emails to several Inspectors General (IGs) of federal departments and agencies informing them that they had been terminated from their positions. Plaintiffs, eight IGs, subsequently lost access to their government email accounts and computer systems, and were barred from entering their offices, among other actions. They filed suit, arguing their removal violates the Inspector General Act, which requires Congressional notification 30 days before an IG is removed and substantive, case-specific rationale for removal. The suit also argues defendants’ actions are ultra vires; and that plaintiffs are entitled to a writ of mandamus compelling defendants not to obstruct them in the exercise of their duties. They seek a declaratory judgment that the termination emails are legally ineffective and that plaintiffs remain lawful IGs in their agencies; and an injunction to prevent defendants from taking action to prevent plaintiffs from carrying out their duties as IGs.

Feb. 14, 2025: Plaintiffs filed a motion for a temporary restraining order and preliminary injunction to prevent the Defendants’ allegedly illegal interference with their official duties. On that same day, the judge reportedly told lawyers representing the fired inspectors general to withdraw their motion for a temporary restraining order.

Feb. 18, 2025: U.S. Senators filed an amicus brief in support of Plaintiffs’ motion for a preliminary injunction.

March 8, 2025: Judge Ana Reyes agreed to hold a consolidated hearing on the merits of Plaintiffs’ claims rather than a preliminary injunction hearing. This hearing was held on March 27.

June 26, 2025: Plaintiffs filed a notice of recent developments related to the case in which they emphasized the urgency of the present litigation.

Sept. 24, 2025: District Court Judge Reyes denied plaintiffs’ motion for a preliminary injunction, declining to reinstate eight fired Inspectors General, despite finding it likely that the administration acted unlawfully in firing them. The court found it “obvious” that President Trump had violated the Inspector General Act (IGA), but said that plaintiffs failed to show irreparable harm: reinstatement could only be temporary given the President’s ability to re-fire them with proper notice and rationale. While recognizing plaintiffs’ “exceptional service” and acknowledging their “legitimate grievances with being fired without explanation,” the court stayed this case pending Supreme Court review in Trump v. Slaughter and directed the parties to file a joint status report afterward on whether plaintiffs will pursue legal remedies such as back pay.

Sept. 25, 2025: The case was stayed.

Voorhees v. Trump (D.D.C.)

1:25-cv-03761

Complaint

2025-10-23Case Closed/Dismissed in Favor of GovernmentStructure of Government/PersonnelGovernment Facilities, Property, and Security Modifications2025-10-23

[Coming soon - On Oct. 23, plaintiffs filed an emergency application for a temporary restraining order seeking to halt the Trump administration’s demolition of the east wing of the White House to construct a ballroom. The filing alleges that the administration did not seek the legally required federal reviews under the National Capital Planning Act (“NCPC”) of 1952, the National Historic Preservation Act (“NHPA”) of 1966, and oversight by the Commission of Fine Arts. Plaintiffs contend that the administration unlawfully decoupled the demolition phase from the construction approval process to expedite the project, bypassing the historic preservation and planning reviews required for a national landmark. Plaintiffs seek a TRO restraining the government and any third parties from further demolition pending full review by the relevant oversight bodies.]

Update 1: On Oct. 12, Plaintiffs submitted a Notice of voluntary dismissal.

National Trust for Historic Preservation in the United States v. National Park Service (D.D.C.)

1:25-cv-04316

Complaint

2025-12-12Temporary Block of Government Action DeniedStructure of Government/PersonnelGovernment Facilities, Property, and Security Modifications2025-12-17

[Coming soon - On Dec. 12, the National Trust for Historic Preservation in the United States sued the National Parks Service, the Department of the Interior, the General Services Administration, and the president over the demolition of the East Wing of the White House.]

Dec. 17, 2025:

Judge Leon denied Plaintiff’s motion for a temporary restraining order, ruling that Plaintiff’s claims of potential procedural injury resulting from demolishing the East Wing of the White House were insufficient to demonstrate irreparable harm. Judge Leon also deferred Plaintiff’s motion for a preliminary injunction until after the Court holds a hearing on Jan. 15, 2026.

Beatty v. Trump (D.D.C.)

1:25-cv-04480

Complaint

2025-12-22Awaiting Court RulingStructure of Government/PersonnelGovernment Facilities, Property, and Security Modifications2025-12-22

This lawsuit seeks to prevent the renaming of the “John F. Kennedy Center for the Performing Arts” by the Center’s board of trustees to the “Donald J. Trump and The John F. Kennedy Memorial Center for the Performing Arts.” Plaintiff is a member of Congress and an ex officio trustee of the Center who opposes renaming the Center. Defendants include President Trump and the trustees and president of the Center. Plaintiff argues that the Board’s renaming of the Kennedy Center constitutes an ultra vires action that violates the Administrative Procedure Act (APA) and federal law: “By statute, Congress has named the center as ‘the John F. Kennedy Center for the Performing Arts.’ Under our constitutional system, only Congress can modify a statute, and Congress must do so by enacting a new statute. Congress has not changed the Kennedy Center’s name.” Plaintiff primarily asks the court to declare the name-change unlawful, enjoin implementation of the name-change, and restore the statutory name of the Center.

Susan Webber et al v. U.S. Department of Homeland Security et al (D. Mont.)

4:25-cv-00026

Complaint


Amended Complaint 2025-04-11

2025-04-04Awaiting Court RulingTrade LawTariffs2025-09-12

On February 1, 2025, President Donald Trump issued Executive Order 14193 (Imposing Duties to Address the Flow of Illicit Drugs Across our Northern Border), and subsequently amended that Executive Order through Executive Orders 14197 and 14231. These Executive Orders declare a national emergency and invoke the International Emergency Economic Powers Act of 1977 (IEEPA) to impose certain tariffs, including on goods from Canada. Additionally, on February 10, Trump issued Proclamations 10895 and 10896 imposing additional tariffs on aluminum and steel products under the Trade Expansion Act of 1962. Finally, on April 2, 2025, President Trump issued Executive Order 14257 (Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits) that imposed additional tariffs on countries around the world, including Canada. Plaintiffs are two members of the Blackfeet Nation in Montana who conduct personal and economic business across the U.S.-Canada border in Montana. They allege that the Executive Orders and related proclamations will increase the cost of goods for the tribal community in their personal and business lives. Plaintiffs allege that President Trump acted ultra vires in establishing the tariffs on goods from Canada, because the President does not have constitutional or statutory authority to impose tariffs, and that these tariffs would violate the Jay Treaty exempting Native Americans from being subject to duties or tariffs when crossing the border. Plaintiffs also argue that the IEEPA does not empower the President to establish tariffs. They further allege that the Executive Orders and related proclamations violate the Due Process Clause of the Fifth Amendment, and that the Executive Orders and related proclamations are unconstitutionally vague. Plaintiffs requested that the court declare the Executive Orders and related proclamations unconstitutional as violative of the Separation of Powers, Article I, Article VI, and the Fifth Amendment of the Constitution, and of the Jay Treaty. They asked the court to preliminarily and permanently enjoin the orders, declare that tariffs cannot be imposed on cross-border transactions at Montana ports of entry, and that tariffs cannot be imposed on tribal members.

Update 1: On Apr. 4, Plaintiffs filed a motion and accompanying brief seeking a preliminary and permanent injunction. Plaintiffs claim that they are likely to succeed on the merits on the bases that the Executive Orders exceed Constitutional authority, statutory authority, and are in violation of the Jay Treaty, as well as due process.

Update 2: On Apr. 11, Plaintiffs filed an amended complaint, adding Plaintiffs David and Rhonda Mountain Chief.

Update 3: The Court granted the Department of Homeland Security’s motion to transfer the case to the US International Court of Trade and transferred the case on April 28, 2025 without addressing any of the merits of the complaint. Plaintiffs have appealed the transfer.

Update 4: On June 2, Judge Dana Christensen denied Plaintiffs’ motion for reconsideration for the order transferring jurisdiction of the matter to the Court of International Trade.

Update 5: On Sept. 5 and again on Sept. 12, the Ninth Circuit denied Defendants’ motion to hold proceedings in abeyance

V.O.S. Selections Inc. v. Trump (Ct. Intl. Trade)

1:25-cv-00066

Complaint

2025-04-14Government Action Not Blocked Pending AppealTrade LawTariffs2025-11-05

On Apr. 2, 2025, President Trump issued Executive Order (EO) 14257 (the “Liberation Day Order”) imposing incremental tariffs of 10% on all imports into the United States as well as elevated tariffs on individual countries. Subsequent EOs, including EO 14266 and additional memoranda, paused many of the elevated tariffs but increased the tariff on most goods from China to 145%. As the statutory basis for the Liberation Day Order, the EO cites the International Emergency Economic Powers Act (IEEPA), which provides the President with certain authority in the event of “an unusual and extraordinary threat with respect to which a national emergency has been declared.” The Liberation Day Order asserts that the existence of bilateral trade deficits in goods constitutes a national emergency. On Apr. 14, five owner-operated businesses, which are unable to source their products or raw materials domestically and therefore rely on international imports to run their companies, sued President Trump and various government agencies, alleging that the levying of tariffs is not authorized under the IEEPA. They contend that given the significance of the economic impact on the United States, the “major questions doctrine” requires that Congress must have clearly delegated authority for tariffs under the IEEPA. Plaintiffs also argue that in any event a trade deficit in goods is neither an emergency nor an unusual or extraordinary threat, and that if the IEEPA did extend such power to the President, it would be an unconstitutional delegation of Congress’s power to impose tariffs. Plaintiffs seek a declaratory judgement that the IEEPA does not provide statutory authority to unilaterally impose tariffs, that neither the national emergency nor the “unusual and extraordinary threat” required by the IEEPA has been identified, and that the imposition of tariffs under the EO’s is an unconstitutional delegation of legislative power, and seek the enjoin the operation of the Liberation Day Order and EO 14266.

April 18, 2025: Plaintiffs filed a motion requesting the court to issue a temporary restraining order (TRO) and preliminary injunction and/or enter summary judgment for a permanent injunction. In this motion, Plaintiffs requested the Court block the imposition of all tariffs set forth in EO 14257 and award money damages to cover what Plaintiffs have already paid as a result of the tariffs.

April 21, 2025: Defendants filed an opposition to Plaintiffs’ April 18 TRO motion and asserted Plaintiffs’ motion fails to satisfy any of the requirements for extraordinary remedy. The court ultimately denied Plaintiffs’ motion on April 22.

April 29, 2025: Defendants responded in opposition to Plaintiffs’ preliminary injunction and summary judgment motions, asserting the IEEPA authorizes the President to “regulate” importation during a national emergency by imposing tariffs and that Trump’s emergency declaration is a nonjusticiable political question.

May 6, 2025: The Plaintiffs filed a reply brief in support of their motion for preliminary injunction and motion for summary judgment, claiming that the Plaintiffs are likely to prevail on the merits, will suffer irreparable harm if the tariffs imposed by Executive Order 14257 remain in effect, and that the public interest favors the granting of a preliminary injunction.

May 28, 2025: The court granted plaintiffs’ summary judgment holding the tariffs unlawful.

May 29, 2025: The Federal Circuit granted Defendants’ motion to consolidate the appeal with State of Oregon v. Trump, No. 25-1813, and granted an administrative stay while the case is on appeal.

June 10, 2025: The Federal Circuit granted a stay pending appeal and ordered an expedited en banc consideration on the merits.

Aug. 29, 2025: The Federal Circuit, sitting en banc, rejected the government’s motion for appeal.

Sept. 3, 2025: The administration filed a Writ of Certiorari to the Supreme Court after the U.S. Court of Appeals for the Federal Circuit affirmed the lower court’s initial finding that the administration did not possess authority under IEEPA to institute wide ranging tariffs.The administration also filed a motion to expedite the case, requesting oral arguments in the case by the first week of November.

Sept. 9, 2025: The Supreme Court granted certiorari and the administration’s motion to expedite a hearing on whether the administration possesses authority under IEEPA to institute wide ranging tariffs. The Court also consolidated this case with Learning Resources v. Trump, No. 24-1287, for briefing and oral argument, with all subsequent filings to proceed on the latter lead docket.

Nov. 5, 2025: The Supreme Court briefing occurred with oral argument held.

State of California v. Trump (N.D. Cal.)

3:25-cv-03372

Complaint

2025-04-16State A.G. PlaintiffsTemporary Block of Government Action DeniedTrade LawTariffs2025-09-12

On February 1, 2025, President Donald Trump issued Executive Order 14193 (Imposing Duties to Address the Flow of Illicit Drugs Across our Northern Border), and on Apr. 2, 2025, President Trump issued Executive Order (EO) 14257 (the “Liberation Day Order”). Together, these Executive Orders impose a broad tariff regime on imports from countries around the world. Plaintiffs California Governor Gavin Newsom and the State of California brought suit alleging that the President does not have authority to impose the tariffs outlined in the Executive Orders. California claims that the tariffs will create substantial economic harm to the state in various forms, including lost tax revenue and impacts to the State’s ability to import and export goods. California alleges that the President lacks authority to impose the tariffs described by the Executive Orders. California argues that the power to levy tariffs is exclusive to Congress, and that Congress can and has delegated this authority to the executive branch via statute. The Executive Orders invoked the International Economic Emergency Powers Act (IEEPA) as the source of authority for the tariffs. However, California alleges that the IEEPA confers only limited authority to the President, and that it does not provide the President with authority to impose tariffs. Instead, California argues that other statutes grant the President authority to levy tariffs, but that those statutes require substantial process and congressional participation, which did not occur in this instance. The State brought two counts, arguing that the tariffs are ultra vires and a violation of the Separation of Powers. California has asked the court to declare the tariffs unlawful and void, and to enjoin Defendants from taking any action to implement the Executive Orders.

Apr. 17, 2025: The Defendants filed a motion to transfer the case to the U.S. Court of International Trade, claiming that that court has exclusive jurisdiction to hear civil actions challenging the imposition of tariffs.

May 1, 2025: The Plaintiffs filed their opposition to the Defendants’ motion to transfer the case to the U.S. Court of International Trade, claiming that the current court has jurisdiction to decide the lawsuit because the action does not arise out of a law providing for tariffs.

May 8, 2025: Defendants replied in support of their motion to transfer the case to the U.S. Court of International Trade.

May 13, 2025: Plaintiffs filed a motion for a preliminary injunction, requesting that the court restrain Agency Defendants from implementing or enforcing the IEEPA Tariff EOs.

June 2, 2025: The district court issued an order denying the government’s motion to transfer and dismissed the case without prejudice for lack of jurisdiction.

June 2, 2025: Plaintiffs filed a notice of appeal to the Ninth Circuit from the district court’s June 2 order.

Sept. 12, 2025: The Ninth Circuit granted Defendants’ Sept. 10 motion to hold the appeal in abeyance pending the Supreme Court’s resolution of V.O.S. Selections, Inc. v. Trump and Learning Resources, Inc. v. Trump.

Learning Resources v. Trump (D.D.C.)

1:25-cv-01248

Complaint

2025-04-22Government Action Not Blocked Pending AppealTrade LawTariffs2025-11-05

Since Feb. 1, 2025, Trump has used Executive Orders to impose tariffs on products from several countries, including a 25% tariff on products imported from Canada and Mexico and a 10% tariff on products imported from China. Plaintiffs, family-owned businesses whose products will be impacted by the tariffs, sued Trump, alleging that the EOs exceed the authority delegated to the President in the International Emergency Economic Powers Act (IEEPA), violate the Administrative Procedure Act, and are an unconstitutional violation of separation of powers. They seek declaratory judgment that the administration’s actions are unlawful and unconstitutional, and preliminary and permanent injunctions against implementing the tariff EOs.

Apr. 24, 2025: The Trump administration moved to transfer the case to the U.S. Court of International Trade. On that same day, Plaintiffs’ filed a motion for a preliminary injunction to prevent the Agency Defendants from taking any action to implement or enforce the tariff EOs and their amendments against Plaintiffs.

May 1, 2025: Defendants filed their opposition to Plaintiffs’ motion for a preliminary injunction. Defendants assert that the court lacks subject matter jurisdiction and that the issue of Trump’s tariffs under the IEEPA is a political question because Congress lawfully delegated authority to the President to regulate importation through the imposition of tariffs under special circumstances.

May 7, 2025: Plaintiffs filed their opposition to the Trump Administration's motion to transfer, noting that the U.S. Court of International Trade has heard zero cases arising out of IEEPA since the IEEPA’s enactment. On that same day, Plaintiffs replied in support of their motion for a preliminary injunction.

May 29, 2025: The District Court granted a preliminary injunction. On that same day, Defendants appealed the preliminary injunction order to the D.C. Circuit.

June 3, 2025: The District Court granted the Defendants’ motion to stay enforcement of the Court’s order preliminarily enjoining the collection of tariffs from the Plaintiffs pending disposition of the pending appeal before the United States Court of Appeals for the District of Columbia Circuit.

July 10, 2025: The parties filed a joint status report requesting a stay of the proceedings pending the D.C. Circuit’s resolution of the pending appeal. On July 18, Judge Rudolph Contreras granted a stay of the proceedings.

Sept. 9, 2025: The Supreme Court granted certiorari and the administration’s motion to expedite a hearing on whether the administration possesses authority under the International Economic Emergency Powers Act (IEEPA) to institute wide ranging tariffs.

Nov. 5, 2025: The Supreme Court briefing occurred with oral argument.

Oregon v. U.S. Department of Homeland Security (Ct. Intl. Trade)

1:25-cv-00077

Complaint

2025-04-23State A.G. PlaintiffsGovernment Action Not Blocked Pending AppealTrade LawTariffs2025-11-05

Since Feb. 1, 2025, Trump has used Executive Orders to impose tariffs on products from several countries, including a 25% tariff on products imported from Canada and Mexico and a 10% tariff on products imported from China. Twelve states sued Trump, arguing that Trump’s orders are an unconstitutional violation of the separation of powers, that the agencies implementing the tariffs have no statutory authority to do so, and that the administration’s actions are arbitrary and capricious and therefore violate the Administrative Procedure Act. They seek declarations that the EOs and agency guidance implementing the EOs are unlawful and preliminary and permanent injunctions against implementation of the EOs and agency guidance.

Update 1: On May 7, the Plaintiff States filed a motion for a preliminary injunction to block the Department of Homeland Security (DOH) and U.S. Customs and Border Protection from implementing the EOs and imposing any tariffs pursuant to those orders.

Update 2: On May 8, Judge Gary Katzmann ordered that Plaintiffs’ preliminary injunction motion be construed as a motion for summary judgment.

Update 3: On May 12, Defendants filed a brief in response to Plaintiffs’ motion for summary judgment. Defendants requested that the court deny the motion for summary judgement arguing that the Plaintiff States nor the V.O.S. Plaintiffs can show Trump acted outside of his authority in imposing tariffs under the IEEPA. On May 13, Plaintiffs filed a supplemental response to their motion for summary judgment.

Update 4: On May 16, Defendants filed their opposition to Plaintiffs’ motion for a summary judgment, stressing Plaintiffs lack standing to bring the lawsuit.

Update 5: On May 20, Plaintiffs filed a reply in support of their motion for summary judgment, arguing that the States do have standing, reiterating that the IEEPA does not authorize the tariff orders and that the States have established the other elements for an injunction.

Update 6: On May 28, the court granted plaintiffs summary judgment holding the tariffs unlawful. Defendants immediately appealed this decision to the Federal Circuit.

Update 7: On May 29, the Federal Circuit granted an administrative stay while the case is on appeal.

Update 8: On June 10, the Federal Circuit granted a stay pending appeal and ordered an expedited en banc consideration on the merits.

Update 9: On Aug. 29, the Federal Circuit, sitting en banc, rejected the government’s motion for appeal.

Smirk & Dagger Games v. Trump (D.D.C.)

1:25-cv-03857

Complaint

2025-11-04Awaiting Court RulingTrade LawTariffs2025-11-04

Beginning Feb. 1, 2025, President Donald Trump issued Executive Orders to impose tariffs (Tariff EOs) on US trading partners (in particular China, Mexico, and Canada) under the International Emergency Economic Powers Act of 1977 (“IEEPA”). Plaintiffs are a board game company that primarily imports from China, a champagne importer that imports from France, and a New York-based mannequin manufacturer and seller that primarily imports from China. Plaintiffs are suing the Department of Homeland Security (DHS), Customs and Border Protection (CBP), the Department of Treasury, the Department of Commerce and their officials, as well as the President and Executive Office, on behalf of a class of similarly situated individuals. Plaintiffs claim that President Trump acted beyond his legal authority and violated the Vesting Clause of the Constitution by bypassing Congress’s exclusive power to impose tariffs and regulate foreign commerce in invoking the IEEPA. Plaintiffs allege that DHS, CBP, and their officials violated the Administrative Procedure Act (APA) by modifying the Harmonized Tariff Schedule (HTS). Plaintiffs seek a permanent injunction preventing implementation or enforcement of the Tariff EOs and to vacate all tariff modifications.

CREW v. DOGE (D.D.C.)

1:25-cv-00511

Complaint

2025-02-20Temporary Block of Government Action DeniedTransparencyResponse to FOIA and Records Retention2025-12-18

Case Summary: Plaintiff claims that the United States DOGE Service (USDS) “has provided no meaningful transparency into its operations or assurances that it is maintaining proper records.” The complaint alleges that Defendants have refused to comply with FOIA requests for records and demands for records preservation under the Federal Records Act (FRA). Plaintiff seeks declaratory and injunctive relief requiring Defendants to comply with Plaintiff’s FOIA requests, to fully comply with the FRA’s preservation requirements, and to initiate enforcement action through the Attorney General to recover any lost or destroyed USDS records. Plaintiff also filed a motion, with a supporting memorandum, for preliminary injunction to require Defendants to release records in advance of the March 14 conclusion of the congressional appropriations process.

Mar. 10, 2025: Judge Christopher Cooper granted in part and denied in part CREW’s request for a preliminary junction. In an accompanying memorandum opinion, the judge found that USDS “is likely covered by FOIA” and ordered it to process CREW’s request for records “on an expedited timetable,” but denied CREW’s request for an order demanding that OMB and USDS release records by the day of the order.

Mar. 14, 2025: USDS filed a motion requesting reconsideration of the judge’s decision regarding the preliminary injunction. USDS also requested an expedited briefing schedule on USDS’s upcoming motion for summary judgment.

Mar. 19, 2025: USDS filed a motion for summary judgment. In an accompanying memorandum, USDS reasserted that, because it does not wield substantial independent authority, it is not an agency and is therefore not subject to FOIA or the FRA.

Mar. 26, 2025: USDS filed their answer to CREW’s complaint, largely denying CREW’s claims and reasserting defenses that USDS is not an agency subject to FOIA or the FRA; CREW is not entitled to information exempt from FOIA disclosure; and USDS’s actions did not violate FOIA, the FRA, or any other statutory or regulatory provision.

Mar. 27, 2025: CREW filed a motion for expedited discovery to allow them to gather information regarding USDS’s agency status and whether it is subject to FOIA and the FRA. CREW argued that it needs this discovery in order to respond to Defendants’ motion for summary judgment.

Apr. 8, 2025: USDS filed an opposition to CREW’s motion for expedited discovery and requested for CREW’s motion to be denied or at least limited in scope. CREW replied on Apr. 10, reiterating that it is entitled to expedited discovery in order to meaningfully respond to USDS’s motion for partial summary judgment.

Apr. 15, 2025: Judge Cooper granted in part and denied in part CREW’s motion for expedited discovery and determined that CREW is entitled to limited discovery. Judge Cooper ordered USDS to serve responses and objections to CREW within seven days, produce all responsive documents within fourteen days, and complete all depositions within twenty four days. That same day, the Defendants appealed to the D.C. Circuit requesting a mandamus order to halt Judge Cooper’s Apr. 15 discovery order.

Apr. 18, 2025: The D.C. Circuit granted an administrative stay.

May 14, 2025: The D.C. Circuit dissolved the administrative stay and denied the defendants’ petition for a writ of mandamus.

May 21, 2025: The government appealed to the Supreme Court, asking for a stay of the discovery order including the deposition by the putative head of DOGE, Amy Gleason.

May 23, 2025: Chief Justice John Roberts issued a temporary administrative stay blocking orders that DOGE comply with mandated expedited discovery, including deposition of Amy Gleason.

June 6, 2025: The Supreme Court ruled 6-3 to stay the lower courts’ action, and also to treat the petition as a writ for certiorari. The Court ruled that the district court could not order the Government, in discovery, “to disclose the content of intra–Executive Branch USDS recommendations and whether those recommendations were followed.” On remand, the Court of Appeals is instructed to narrow the discovery order with deference to internal Executive Branch communications.

June 18, 2025: CREW filed a motion for summary disposition with the D.C. Circuit following the Supreme Court’s Jun. 6 order.

July 14, 2025: The D.C. Circuit granted in part and denied in part the mandamus petition, ordering the district court to modify its Apr. 15 order to exclude certain interrogatories and requests for admission.

July 25, 2025: Judge Cooper denied USDS’s motion for summary judgment as premature.

Aug. 8, 2025: The government sought panel rehearing or rehearing en banc of the D.C. Circuit’s Jul. 14 order granting the mandamus petition in part, arguing that the panel’s order failed to implement the Supreme Court’s Jun. 6 instructions in In re U.S. DOGE Service, that USDS’s FOIA status turns on formal authority rather than “ability to persuade,” and that allowing the remaining discovery would itself create the separation-of-powers harms the Court warned against. On Nov. 12, Plaintiffs responded.

Dec. 18, 2025: The D.C. Circuit denied the petition for a rehearing en banc.

Project on Government Oversight, Inc. v. Trump (D.D.C.)

1:25-cv-00527

Complaint


Amended Complaint 2025-05-09

2025-02-21Temporary Block of Government Action DeniedTransparencyResponse to FOIA and Records Retention2025-07-22

Plaintiff alleges that the Department of Government Efficiency (DOGE) has “run roughshod over record keeping requirements,” including by misclassifying agency records as covered by the Presidential Records Act (PRA) (rather than the Freedom of Information Act) and requiring partner agencies to notify DOGE of any oversight requests related to DOGE’s work. Plaintiffs, an oversight-focused nonprofit “that relies on records from agencies ... to disseminate to inform and educate the public,” alleges that DOGE’s actions violate the Presidential Records Act and Federal Records Act (FRA). They seek declaratory judgment that DOGE’s actions are arbitrary, capricious, and illegal, and injunctive and mandamus relief ordering DOGE to treat its records as subject to the Federal Records and Freedom of Information Acts.

Mar. 24, 2025: Plaintiffs filed a motion for a preliminary injunction requiring Defendants to collect, maintain, and preserve records consistent with the Federal Records Act.

Apr. 7, 2025: Defendants filed a memorandum in opposition to the motion for a preliminary injunction. They argue that the Plaintiff lacks standing, failed to demonstrate irreparable harm, is unlikely to succeed on the merits as they raise no permissible FRA or PRA claim, and fail to establish that DOGE is an agency. They also contend that the court lacks jurisdiction to enjoin the President.

Apr. 23, 2025: Plaintiff filed a reply in support of its motion for a preliminary injunction in which it urged the court to issue a preliminary injunction to ensure all of DOGE’s records are preserved before they are beyond reach.

May 9, 2025: Plaintiff filed an amended complaint, which included additional facts about DOGE’s March 25, 2025 records retention policy. Plaintiff added a request that this policy also be deemed arbitrary, capricious, and contrary to law.

May 15, 2025: Plaintiff filed a renewed motion for a preliminary injunction and supporting memorandum. Plaintiff requested that the court order Defendants to collect, retain, and preserve their records pursuant to a FRA-compliant recordkeeping policy.

June 17, 2025: Judge James E. Boasberg denied Plaintiff’s preliminary injunction motion. In the supporting memorandum, Judge Boasberg noted Plaintiff failed to show a likelihood of irreparable harm absent a preliminary injunction.

June 17, 2025: Defendants moved to dismiss the complaint or stay proceedings in the alternative. 

July 22, 2025: The case was stayed.

Democracy Forward Foundation v. Office of Personnel Management (D.D.C.)

1:25-cv-00567

Complaint

2025-02-26Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-22

The Plaintiff filed several Freedom of Information Act (FOIA) requests with the Office of Personnel Management (OPM) and, on Jan. 24, sought expedited processing which OPM granted on Feb. 7. Plaintiff received no further communication from OPM. The Plaintiff states that OPM failed to respond within the statutorily mandated time period under FOIA and seeks an order from the court to comply with the FOIA requests.

Apr. 30, 2025: OPM answered Plaintiff’s complaint. OPM admitted that it had received Democracy Forward’s FOIA requests and acknowledged their receipt but denied that Plaintiff is entitled to relief. Among its defenses, OPM argues the court lacks jurisdiction over the matter, Plaintiff failed to reasonably describe the records it sought, and OPM is not improperly withholding any responsive records.

July 3, 2025: Democracy Forward and OPM filed a joint status report which indicates OPM’s search for documents potentially responsive to the FOIA requests is underway and expected to be completed by July 29, 2025.

Dec. 22, 2025: Democracy Forward and OPM filed a joint status report that indicates that OPM had completed responding to one of Democracy Forward’s FOIA requests and that OPM’s searches for documents potentially responsive to the other FOIA requests remains underway and are expected to be completed by Jan. 30, 2026.

Democracy Forward Foundation v. Office of Management and Budget (D.D.C.)

1:25-cv-00586

Complaint

2025-02-28Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-11-24

Democracy Forward filed several Freedom of Information Act (FOIA) requests with the Office of Management and Budget (OMB) after the agency issued a memorandum seeking to pause or freeze federal financial assistance. OMB acknowledged receipt but sent no further communications. The Plaintiff states that OPM failed to respond within the statutorily mandated time period under FOIA and seeks an order from the court to comply with the FOIA requests.

Apr. 13, 2025: OMB filed its answer to Democracy Forward’s complaint. OMB admitted that it had received Democracy Forward’s FOIA requests and acknowledged their receipt, but denied that Plaintiff is entitled to relief. Among its defenses, OMB requests that the complaint be dismissed to the extent Democracy Forward failed to reasonably describe the records it requested and failed to exhaust administrative remedies prior to filing.

Nov. 24, 2025: Democracy Forward and OMB filed a joint status report that indicates that OMB’s search for documents potentially responsive to the FOIA requests is underway and expected to be completed by Dec. 31, 2025.

Environmental Defense Fund v. United States Environmental Protection Agency (D.D.C.)

1:25-cv-00617

Complaint

2025-03-03Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-04-03

The Endangerment Finding was established in 2009 and serves as the foundation for regulating greenhouse gas emissions under the Clean Air Act. President Donald Trump's Executive Order 14154, issued on Jan. 20, 2025, directed the EPA to reassess the Endangerment Finding's legality and applicability, potentially paving the way to weaken or overturn it. On Jan. 29, 2025, the Environmental Defense Fund (“EDF”) submitted a FOIA request seeking records related to EPA Administrator Lee Zeldin’s recommendation to reverse the Endangerment Finding. The requested documents include correspondence and records from EPA transition team members and political appointees. The EPA allegedly failed to respond to EDF’s FOIA request within the statutory deadline, hence the lawsuit to compel the release of records. The Plaintiff requests a court order for the Defendant to comply with the FOIA.

Update 1: On Apr. 3, Defendant answered EDF’s complaint. Defendant argued that Plaintiff’s FOIA request was not proper, that the court lacks subject matter jurisdiction to grant relief authorized under FOIA, and that Plaintiff is not entitled to compel the release of records properly withheld under FOIA or Privacy Act exclusions or exemptions, among other defenses.

Democracy Forward Foundation v. U.S. Department of the Treasury (D.D.C.)

1:25-cv-00684

Complaint

2025-03-07Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-06-18

On Jan. 31 and Feb. 6, 2025, Democracy Forward filed several Freedom of Information Act (FOIA) requests with the Department of the Treasury, Department of Education, and Small Business Administration, seeking documents from Jan. 20, 2025 onwards following allegations that DOGE staffers and DOGE-affiliated staff “were influencing important functions and policy decisions at agencies across the Executive Branch.” These agencies acknowledged receipt but sent no further communications. The Plaintiff states these agencies failed to respond within the statutorily mandated time period under FOIA and seeks an order from the court for the Defendants to comply with the FOIA requests.

May 12, 2025: All Defendants answered the complaint and the Department of Education and Small Business Administration filed a motion for judgment on the pleadings.

May 27, 2025: Democracy Forward agreed to a voluntary dismissal of the action as it pertains to the Small Business Administration and the U.S. Department of Education. The action against the Department of the Treasury remains ongoing.

June 18, 2025: Democracy Forward and the Department of the Treasury filed a joint status report to note the identification of 5,807 potentially responsive documents and the parties’ efforts to further narrow Plaintiff’s FOIA request to alleviate processing burdens and allow for a more expeditious processing of documents.

Democracy Forward Foundation v. U.S. Marshals Service (D.D.C.)

1:25-cv-00749

Complaint

2025-03-14Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-07-09

On Jan. 27 and Feb. 7, 2025, Democracy Forward Foundation, a non-profit organization, filed several Freedom of Information Act (FOIA) requests with the U.S. Marshals Service (USMS) seeking records following allegations that USMS may be following directions from the Department of Government Efficiency (DOGE). Allegations include (1) inappropriate communication with federal judges regarding cases related to January 6, (2) DOGE-affiliated individuals invoking threats to engage USMS when attempting to access agency buildings and information, and (3) the deputizing of DOGE leader Elon Musk’s private security guards by USMS. Considering USMS’s role in the enforcement of court orders, Plaintiff also filed these FOIA requests after Vice President Vance made comments that may call into question whether court orders would be followed. The Plaintiff states USMS failed to respond within the statutorily mandated time period under FOIA and seeks an order from the court for the Defendants to comply with the FOIA requests.

Update 1: On Apr. 21, USMS filed its answer to Democracy Forward’s complaint. USMS admitted and acknowledged receipt of Democracy Forward’s FOIA requests , but denied that Plaintiff is entitled to relief. Among its defenses, USMS alleges that some of the requested documents are not subject to disclosure, that the court lacks jurisdiction over the claims, and that Democracy Forward failed to exhaust administrative remedies prior to filing.

Update 2: On July 9, Democracy Forward and USMS filed a joint status report which indicates that USMS identified 674 pages of records that are potentially responsive to Democracy Forward’s FOIA request. USMS notes it will begin its production of documents to Democracy Forward by July 31, 2025.

The Intercept v. DOGE (S.D.N.Y.)

1:25-cv-02404

Complaint

2025-03-24Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-05-12

On Mar. 5, 2025, Plaintiff, an American non-profit news organization that publishes The Intercept, began submitting a series of Freedom of Information Act (FOIA) requests to the U.S. Department of Government Efficiency (DOGE) requesting certain records including emails between Elon Musk and high-ranking White House and DOGE staffers. On Mar. 18, 2025, DOGE denied the requests arguing it was not subject to FOIA because it is not an “agency.” The Intercept alleges that DOGE and USDS have violated FOIA by not providing the requested records and have caused the Intercept irreparable injury by preventing it from educating the public about DOGE’s activities. Plaintiff seeks a judgment that DOGE and USDS’s withholding of requested records violates FOIA and an order requiring DOGE and USDS to immediately release all responsive records to the Plaintiff, as well as an order to preserve all potentially responsive records.

Update 1: On Apr 28, 2025, Defendants filed a motion to dismiss the case arguing Plaintiff failed to plausibly allege that USDS and DOGE are “agencies” subject to FOIA.

Update 2: On May 12, Plaintiff responded in opposition to Defendants’ motion to dismiss.

Environmental Defense Fund v. Department of Interior (D.D.C.)

1:25-cv-00871

Complaint

2025-03-24Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-06-15

On Feb. 3, 2025, Plaintiff filed Freedom of Information Act (FOIA) requests with the Department of the Interior, the Council on Environmental Quality (CEQ), and the National Oceanic and Atmospheric Administration (NOAA), seeking correspondence and records relating to the Environmental Protection Agency’s 2009 "Endangerment Finding,” which was a determination that greenhouse gases pose a threat to the public health and welfare and that motor vehicle emissions contribute to greenhouse gas pollution. The complaint alleges that the Defendant Agencies have failed to comply with FOIA requests processing or to produce records within statutorily prescribed time limits and seeks declaratory and injunctive relief requiring Defendants to comply with Plaintiff’s FOIA requests on an expedited basis, to preserve all responsive records, and to grant Plaintiff’s request for fee waivers.

Update 1: On June 13, Plaintiff and Defendants Department of the Interior, National Oceanic and Atmospheric Administration, and Council on Environmental Quality (CEQ) agreed to dismiss Defendant CEQ and Count II of the complaint (which alleges CEQ failed to comply with Plaintiff’s FOIA request). The court ordered these dismissals on June 15.

American Oversight v. Hegseth (D.D.C.)

1:25-cv-00883

Complaint


Amended Complaint 2025-04-21

2025-03-25Government Action Temporarily Blocked in Part; Temporary Block Denied in PartTransparencyResponse to FOIA and Records Retention2025-09-18

On Mar. 24, The Atlantic reported that members of the Trump administration used the commercial messaging app Signal to discuss military operations in Yemen (see also Mar. 26 follow-up report). Signal messages are not automatically forwarded to government email addresses, and the app has a functionality that allows messages to auto-delete, which was allegedly enabled during the Yemen discussions. American Oversight, a nonprofit focused on government transparency that regularly files Freedom of Information Act (FOIA) requests with the federal government, filed suit against federal agency officials and the National Archives, arguing they are injured because government use of Signal prevents Plaintiffs from receiving lawfully requested records. Plaintiffs allege Defendants’ use of Signal violates the Administrative Procedure Act (APA) because (1) Defendants' use Signal is not in accordance with the Federal Records Act (FRA) and amounts to removal and destruction of agency records; and (2) National Archives defendants should have known records were being removed and destroyed (the acting National Archivist, Marco Rubio, was allegedly in the group Signal chat) and failed to take nondiscretionary actions to preserve them under the FRA. Plaintiffs seek declaratory judgments that messages sent through Signal in the course of agency business are subject to the FRA, that failure to preserve them is a violation of the FRA, and that defendants have violated the FRA. They seek preliminary and permanent injunctive relief ordering defendants to preserve records in accordance with the law.

Mar. 26, 2025: Plaintiffs filed a motion for a temporary restraining order to order Defendants to stop allegedly destroying records, initiate actions to recover any destroyed records related to the Yemen Signal chat, and take steps to confirm that any use of a messaging app with an auto-delete function complies with the Federal Records Act.

Mar. 27, 2025: After a hearing, Chief Judge James Boasberg issued an order, “as agreed by the parties,” for “Defendants shall promptly make best efforts to preserve all Signal communications from March 11-15, 2025.” The court also ordered defendants to file a status report by Mar. 31 “setting forth the steps that they have taken to implement such preservation.”

Apr. 10, 2025: Following a hearing, the court ordered the Defendants to provide supplemental declarations to address “specific clarifications” missing from the first round of declarations.

Apr. 21, 2025: Plaintiffs filed an amended complaint reflecting additional details of Defendants’ alleged violations of federal record-keeping laws, including additional reporting on their use of Signal group chats and admissions by Defendants that they had failed to fully preserve records of their conversations. In addition to prior allegations, the amended complaint alleges that these failures to preserve records, or to take enforcement actions against individuals known to have failed to preserve records, violate the Administrative Procedure Act.

Apr. 22, 2025: Plaintiffs filed a motion for a preliminary injunction ordering Defendants to take actions to preserve records of their Signal messages. Plaintiffs also filed a memorandum in support of the motion, reasserting the allegations in their amended complaint that Defendants violated federal record-keeping laws by failing to preserve the chats.

May 7, 2025: Defendants filed a memorandum in opposition to Plaintiff’s motion for a preliminary injunction, claiming that the Plaintiff cannot demonstrate a likelihood of irreparable harm or a likelihood of success on the merits, and that the balance of equities disfavor granting the Plaintiff’s motion.

May 14, 2025: Plaintiffs filed a reply in support of its motion for a preliminary injunction.

June 20, 2025: Judge Boasberg granted in part and denied in part the Plaintiff’s motion for a preliminary injunction, granting a narrower relief by requiring that Defendants perform their mandatory notification and referral obligations, as explained in its accompanying memorandum opinion.

June 27, 2025: Defendants provided a status report in which they confirmed that they are not aware of any Signal chats of agency head Defendants containing federal records at risk of impending deletion.

July 3, 2025: Defendants moved to dismiss the complaint.

Sept. 18, 2025: The parties submitted a joint motion to stay the hearing on Defendants’ motion to dismiss, noting that the parties agree that they may be able to resolve the case without further judgment.

Democracy Forward Foundation v. Department of Education (D.D.C.)

1:25-cv-00940

Complaint

2025-03-31Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-07-15

Plaintiff Democracy Forward Foundation (a nonprofit organization promoting transparency and accountability in government) sent two Freedom of Information Act (FOIA) requests to the Department of Education (DOE) in February 2025 seeking: (a) information related to contract terminations by the Institute of Education Sciences (IES), DOE’s research arm; and (b) communications surrounding a Feb. 14 Dear Colleague Letter (DCL) sent by Acting Assistant Secretary for Civil Rights Craig Trainor, which threatened to withhold federal funds from institutions failing to comply with DOE’s new interpretation of civil rights laws. Plaintiff alleges that DOE has failed to respond to these requests within the statutorily mandated time period and seeks an order from the court to compel DOE to comply with the FOIA requests and produce responsive records.

Update 1: On June 16, DOE answered Plaintiff’s complaint, arguing that Plaintiff failed to state a claim for which relief can be granted, that the court lacks subject matter jurisdiction to grant relief authorized under FOIA, and that Plaintiff is not entitled to compel the release of records properly withheld under FOIA exclusions or exemptions, among other defenses.

Update 2: On July 15, Democracy Forward and DOE filed a joint status report which indicates that DOE identified 4, 492 potentially responsive records and that the parties are working together to narrow the scope of the search.

Environmental Defense Fund v. Department of Transportation (D.D.C.)

1:25-cv-00996

Complaint

2025-04-03Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-05-28

On Jan. 20, 2025, President Donald Trump signed the “Unleashing American Energy” Executive Order (EO), which instructed federal agencies to review all regulations, orders, and agency actions pertaining to domestic energy resources, including those specifically related to vehicles. Plaintiff submitted FOIA requests to the Department of Transportation (DOT) on January 31, 2025 and the U.S. Council on Environmental Quality (CEQ) on February 3, 2025 seeking correspondence and records of the transition teams of these agencies and political appointees related to changes to the Clean Air Act or Energy Policy and Conservation Act vehicle pollution or fuel economy programs. The complaint alleges that the Defendant Agencies have failed to comply with FOIA requests processing or to produce records within the statutorily prescribed time limits and seeks declaratory and injunctive relief requiring Defendants to comply with Plaintiff’s FOIA requests on an expedited basis, to preserve all responsive records, and to grant Plaintiff’s request for fee waivers.

Update 1: On May 28, Defendants answered Plaintiff’s complaint. Defendants admitted they received the FOIA requests but denied improperly withholding records from Plaintiff under FOIA.

CREW v. CDC (D.D.C.)

1:25-cv-01020

Complaint

Amended Complaint

2025-06-25

2025-04-04Temporary Block of Government Action DeniedTransparencyResponse to FOIA and Records Retention2025-08-27

On Apr. 1, 2025, the Trump administration began the process of cutting nearly 10,000 jobs in the Health and Human Services Department (HHS), including closing the office within the Centers for Disease Control (CDC) that handles information requests under the Freedom of Information Act (FOIA). Citizens for Responsibility and Ethics in Washington (CREW) brought suit against HHS, the CDC, and the heads of the respective entities, alleging that the closures violate FOIA by denying processing of requests and constitute an unlawful arbitrary and capricious action under the Administrative Procedure Act (APA). Plaintiffs seek declaratory judgment that the government’s actions violate FOIA and the APA and preliminary and permanent injunctions mandating production of documents requested under FOIA and preventing defendants from any further actions in violation of FOIA.

Apr. 21, 2025: Plaintiffs filed a motion for a preliminary injunction and partial summary judgment, along with a memorandum of support.
May 1, 2025: Defendants filed their opposition to Plaintiffs’ preliminary injunction motion. On May 8, Plaintiffs replied in further support of their preliminary injunction motion

June 4, 2025: The Court ruled that CREW has not shown a likelihood that it will suffer irreparable injury without injunctive relief, and thus denied CREW’s motion for a preliminary injunction.

June 25, 2025: Plaintiffs amended their complaint, removing their APA claim that the CDC’s agency action was arbitrary and capricious.

Aug. 27, 2025: The court granted the parties’ joint motion to stay dispositive briefing on Count One (the FOIA wrongful-withholding claim) and their joint motion to modify briefing deadlines, ordering Defendants to provide an interim FOIA response by Sept. 15 and to file their opposition to Plaintiffs’ motion to dismiss by Sept. 4.

Citizens for Responsibility and Ethics in Washington v. Office of Management and Budget (D.D.C.)

1:25-cv-01051

Complaint

2025-04-08Government Action Blocked Pending AppealTransparencyResponse to FOIA and Records Retention2025-09-19

On or around March 24, 2025, the Office of Management and Budget (OMB) took down a publicly accessible website and database that it had previously maintained to make available documents related to OMB decisions regarding apportionment of congressionally-appropriated funds. On April 8, Citizens for Responsibility and Ethics in Washington (CREW) brought suit against OMB, alleging that OMB is statutorily required to maintain this database and website. CREW argues that taking down the website makes it impossible for them to monitor for potential withholding of appropriated funds, identify misuse of funds, request related records, and otherwise rely on such information. CREW argues that OMB’s decision to take down this website and database is a violation of the Administrative Procedure Act (APA). CREW argues that the decision is contrary to law under the APA because it violates (1) the 2022 and 2023 Consolidated Appropriations Acts, which together established the directive to create and maintain this database and website; and (2) the Paperwork Reduction Act, which requires that agencies provide adequate notice when initiating, substantially modifying, or terminating significant information dissemination products. CREW also argues that the decision was arbitrary and capricious under the APA. CREW has asked the court to declare OMB’s decision unlawful, and to grant a preliminary and permanent injunction requiring OMB to restore the website and make all relevant information available.

Apr. 18, 2025: CREW filed a motion for a preliminary injunction and partial summary judgment on its APA claims along with a supporting memorandum of law. CREW requested that the court issue a preliminary injunction requiring OMB to restore the Public Apportionments Database and the apportionment information they unlawfully removed.

Apr. 30, 2025: OMB filed its opposition to CREW’s motion for a preliminary injunction and partial summary judgment. OMB asserted that CREW lacks standing and that its claims are without merit.

May 4, 2025: CREW replied to OMB’s opposition to CREW’s motion for a preliminary injunction.

May 4, 2025: OMB filed a sur-reply to plaintiff’s motion for a preliminary injunction and for a partial motion for summary judgment reiterating their allegation that CREW’s request for preliminary injunction and partial summary judgement fails.

July 21, 2025: Judge Sullivan granted a summary judgment in part for the plaintiffs, holding that the administration’s deletion of the Public Apportionments Database violates public disclosure requirements. The court noted “there is nothing unconstitutional about Congress requiring the Executive Branch to inform the public of how it is apportioning the public’s money.”

July 23, 2025: Following Judge Sullivan’s summary judgment in part, which rules the administration’s deletion of the Public Apportionments Database violates public disclosure requirements, the administration appealed to the D.C. Circuit and filed a motion to stay the judgment pending appeal.

July 23, 2025: Judge Sullivan denied the administration’s motion to stay the court’s summary judgment, which found the administration’s deletion of the Public Apportionments Database violates public disclosure requirements. Judge Sullivan noted the administration’s conduct “unequivocally violates federal law.” He further wrote “[t]he Court will not be complicit in further delaying Plaintiff and the public of information they are entitled to know as a matter of federal law!!” On that same day, the D.C. Circuit administratively stayed Judge Sullivan’s July 21 summary judgment order.

July 28, 2025: Judge Sullivan entered final judgment in favor of Plaintiffs.

Aug. 9, 2025: The D.C. Circuit dissolved its July 23 administrative stay and denied the Government’s request for a stay pending appeal. The order applied to the consolidated appeal, Protect Democracy Project v. OMB, No. 25-5267.

Sept. 19, 2025: CREW filed a motion to enforce the court’s July 21 summary judgment order.

Center for Biological Diversity v. Department of Interior, et al (D.D.C.)

1:25-cv-01131

Complaint

2025-04-16Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-06-24

On Jan. 20, 2025, President Trump issued Executive Order 14154, “Unleashing American Energy,” directing agencies to eliminate or alter policies the administration considered impediments to energy development. On Feb. 20, Plaintiffs, a nonprofit that advocates for environmental causes, filed Freedom of Information Act (FOIA) requests with various federal agencies, including the Departments of Interior, Commerce, and Agriculture and the Environmental Protection Agency, for records documenting implementation of the EO. Plaintiffs seek declaratory judgment that the agencies violated FOIA and injunctions and court orders mandating that Defendant agencies produce documents responsive to Plaintiffs’ requests.

June 24, 2025: Defendants answered Plaintiffs’ complaint, asserting that Plaintiff was not entitled to compel the production of their requested records under FOIA and that Defendants conducted an adequate search for documents in response to Plaintiffs’ FOIA requests.

American Oversight v. U.S. Department Of Government Efficiency (D.D.C.)

1:25-cv-01251

Complaint



Amended Complaint 2025-07-22


2025-04-23Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-07-22

On April 23, 2025, American Oversight, a nonpartisan, non-profit corporation which collects, analyses and disseminates information about the activities and operations of the federal government, filed suit against the Department of Government Efficiency (DOGE); Elon Musk, Steve Davis, and Amy Gleason in their official capacities as DOGE leaders; the National Archives and Records Administration (NARA); and Marco Rubio in his official capacity as Acting Archivist. Plaintiff argues that DOGE’s use of ephemeral messaging and document systems such as Signal and Google Docs violates the Federal Records Act (FRA) and the Freedom of Information Act (FOIA) because such systems do not preserve records as required by the statutes. Plaintiff’s interest in ensuring Defendants’ compliance with their recordkeeping obligations stems from its filing a number of FOIA requests seeking information about DOGE’s activities, none of which have been fulfilled.

Plaintiff argues that Musk, Davis, and Gleason violate the Administrative Procedure Act (APA) by acting in an arbitrary and capricious manner, abusing their discretion, and acting contrary to the law. They contend that as agency heads, Defendants are obligated to preserve federal records per the FRA, but their failure to prevent the automatic deletion of records in ephemeral systems is contrary to such obligations. Plaintiffs argue that Defendants NARA and Rubio violate the APA, also for arbitrary and capricious action, abuse of discretion, and acting contrary to the law, because NARA and Rubio have an obligation under FRA to initiate an action for recovery of documents through the Attorney General when an agency head fails to do so, and that NARA and Rubio have failed to take such action. Plaintiff further argues that the DOGE Defendants are in violation of FOIA because they failed to conduct adequate searches for records responsive to Plaintiff’s FOIA requests and to provide all responsive non-exempt records. Plaintiff seeks declaratory and injunctive relief.

July 1, 2025: Defendants moved to dismiss the action, arguing that DOGE is not an agency under the FRA and that Defendants Musk and Davis should be dismissed regardless of DOGE’s agency status.

July 22, 2025: Plaintiff amended its complaint to add additional APA claims and enumerate which of Defendants’ actions applied to each of the claims.

Democracy Forward Foundation v. U.S. Department of Justice (D.D.C.)

1:25-cv-01535

Complaint

2025-05-14Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-22

Plaintiff Democracy Forward Foundation, a nonprofit organization promoting transparency and accountability in government, sent several Freedom of Information Act (FOIA) requested to the Department of Justice (DOJ), Department of Homeland Security (DHS), and the Department of State (DOS) in March 2025 seeking: (a) information related to the decision to deport alleged members of the Tren de Aragua gang (TdA) or the usage of the Alien Enemies Act; (b) legal analyses related to the government’s efforts to contract with foreign governments, including El Salvador, to accept deportees; and (c) records of the agreement between the U.S. and El Salvador regarding the deportation of alleged members of TdA to the Terrorism Confinement Center in El Salvador (CECOT). Plaintiff also sent FOIA requests to these agencies for communication records of their leadership teams. Plaintiff alleges that DOJ, DHS, and DOS have allegedly failed to respond to these requests within the statutorily mandated time period and seeks an order from the court to compel these agencies to comply with the FOIA requests and produce responsive records.

June 18, 2025: DOJ, DHS, and State Department (Agency Defendants) answered Plaintiff’s complaint. The Agency Defendants admitted they received the FOIA requests but denied improperly withholding records from Plaintiff under FOIA.

Sept. 22, 2025: The court granted the parties’ joint motion to enter a stipulated preservation order.

American Oversight v. IRS, et al (D.D.C.)

1:25-cv-01585

Complaint

2025-05-19Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-08

In April 2025, the Trump Administration prompted the IRS to begin the process of revoking Harvard’s tax-exempt status. On April 17, 2025, Plaintiff American Oversight submitted Freedom of Information Act (FOIA) requests to the IRS and Department of Education seeking records related to the Trump Administration’s actions and decision-making regarding Harvard’s tax-exempt status. Plaintiff alleges that Defendants have not conducted required searches for the requested documents, and have not produced responsive documents to Plaintiff within the statutory deadline. Plaintiffs brought two claims against all Defendants alleging failure to conduct searches and provide documents, and a third claim against the Department of Education for failure to grant expedited processing. Plaintiff asked the court for declaratory and injunctive relief to order Defendants to process Plaintiff’s requests, conduct required searches, and produce within 20 days of the court's order any and all non-exempt records responsive to Plaintiff’s requests.

July 23, 2025: Defendants answered Plaintiff’s complaint, arguing that the court lacks subject matter jurisdiction over Plaintiff’s claims and that Plaintiff is not entitled to compel production of records exempt from disclosure.

Dec. 8, 2025: American Oversight and the IRS filed a joint status report which indicates that the IRS is in the process of responding to American Oversight’s FOIA requests.

Cato Institute v. United States Special Operations Command (D.D.C.)

1:25-cv-01719

Complaint

2025-05-30Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-03

On April 22, 2025, Plaintiff Cato Institute (Cato), a think tank, submitted a Freedom of Information Act (FOIA) request to U.S. Special Operations Command (USSOCOM) seeking records of plans or procedures related to military operations in response to domestic civil disturbance or civil unrest and records mentioning President Donald Trump’s April 11, 2025 memo titled “Military Mission for Sealing the Southern Border of the United States and Repelling Invasions.” On May 12, 2025, USSOCOM acknowledged receipt and provided an estimated time of completion of 36-48 months. Plaintiff filed suit against USSOCOM and the Department of Defense arguing that Defendants are acting in violation of FOIA by failing to conduct a reasonable search for responsive records, failing to issue a determination by the statutory deadline, and failing to produce responsive records. Plaintiff seeks a finding that Defendants have violated FOIA and an order requiring Defendants to comply with their obligations under FOIA.

July 3, 2025: Defendants answered Plaintiff’s complaint.

Dec. 3, 2025: Plaintiff filed an amended complaint.

Georgetown Law Center on Privacy and Technology v. Customs and Border Protection (D.D.C.)

1:25-cv-01732

Complaint

2025-06-02Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-15

Plaintiffs, a policy advocacy group focused on privacy protections and two nonprofit organizations who provide services to noncitizens, filed Freedom of Information Act (FOIA) requests with ICE and CBP requesting records relating to their practices and procedures pertaining to DNA collection from noncitizens. Plaintiffs allege that neither CPB or ICE has fully responded to their requests and that the statutory time period for their responses has elapsed. Plaintiffs sued, claiming that the failure to respond within the time period, failure to conduct an adequate search, and the wrongful withholding of records violated FOIA and seeking an order requiring Defendants to conduct a prompt search for records responsive to the requests as well as enjoining Defendants from withholding the records requested.

Aug. 20, 2025: Defendants answered Plaintiff’s complaint, arguing that the court subject matter jurisdiction over Plaintiff’s claims and that Plaintiff is not entitled to compel production of records exempt from disclosure.

Sept. 15, 2025: In response to a court order requesting a joint status report, Plaintiffs filed a status report which included a proposed schedule for Defendants to respond to the FOIA requests. Plaintiffs had repeatedly attempted to contact Defendants regarding their position on the proposed schedule, but Defendants failed to respond.

Citizens For Responsibility And Ethics In Washington v. Consumer Financial Protection Bureau (D.D.C.)

1:25-cv-01768

Complaint

2025-06-05Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-11

On December 19, 2024 Plaintiff filed Freedom of Information Act (FOIA) requests with the Consumer Financial Protection Bureau, the US Department of Education, the Social Security Administration, and the US Department of Veterans Affairs, seeking records of all communications between these agencies and Department of Government Efficiency (DOGE) and related federal officials and requesting an agency-wide preservation hold on all documents potentially responsive to the request. In subsequent submissions to these agencies, Plaintiff requested expedited processing and a fee waiver. The complaint alleges that Defendants have failed to comply with FOIA requests for expedited processing or to produce records within statutorily prescribed time limits and seeks declaratory and injunctive relief requiring Defendants to comply with Plaintiff’s FOIA requests on an expedited basis, to preserve all responsive records, and to grant Plaintiff’s request for fee waivers.

Sept. 11, 2025: The parties filed a joint status report which indicates that they were working together to narrow the scope of Plaintiff’s FOIA requests in response to a court directive.

American Oversight v. U.S. Department Of Homeland Security (D.D.C.)

1:25-cv-01811

Complaint

2025-06-10Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-19

On Apr. 10, American Oversight, a not-for-profit organization which collects, analyses and disseminates information about the activities and operations of the federal government, submitted Freedom of Information Act (FOIA) requests to Defendants for a variety of records regarding possible militarized immigration enforcement and President Trump’s executive order declaring a national emergency at the U.S. southern border. Plaintiff filed suit asserting that Defendants have failed to conduct an adequate search or to disclose responsive records within statutorily prescribed time limits as required under FOIA. They seek an order requiring Defendants to conduct a full search and comply with Plaintiff’s FOIA requests and to enjoin Defendants from continuing to withhold these records.

Dec. 19, 2025: The parties filed a joint status report that indicates that DHS and ICE were in the process of reviewing and producing documents in response to American Oversight's FOIA requests.

National Immigration Litigation Alliance v. U.S. Department of State (D. Mass.)

1:25-cv-11692

Complaint

2025-06-10Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-06-10

On April 5, 2025, National Immigration Litigation Alliance and Refugees International, not-for-profit charitable organizations that promote and protect the rights of immigrants and displaced people, submitted a Freedom of Information Act (FOIA) request to Defendant requesting records related to Defendant’s arrangements and/or agreements with several countries to receive third country nationals being deported from the United States. Plaintiff filed suit asserting that Defendants have failed to respond to this request within statutorily prescribed time limits and have failed to conduct an adequate search and disclose responsive records as required under FOIA. They seek declaratory relief asserting that these failures are unlawful and an order requiring Defendants to conduct a full search and comply with Plaintiff’s FOIA requests expeditiously, and to grant Plaintiff’s request for fee waivers.

American Oversight v. U.S. Immigration And Customs Enforcement (D.D.C.)

1:25-cv-01846

Complaint

2025-06-12Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-06-26

On Apr. 10, American Oversight, a not-for-profit nonpartisan organization which collects, analyses and disseminates information about the activities and operations of the federal government, submitted Freedom of Information Act (FOIA) requests to Defendants for a variety of records related to Command seeking to compel the release of records related to the possible deportation and detainment of migrants at Guantánamo Bay, including related email communications, reports, and directives. Plaintiff filed suit asserting that Defendants have failed to conduct an adequate search or to disclose responsive records within statutorily prescribed time limits as required under FOIA. They seek an order requiring Defendants to conduct a full search and comply with Plaintiff’s FOIA requests and to enjoin Defendants from continuing to withhold these records.

American Oversight v. U.S. Immigration & Customs Enforcement (D.D.C.)

1:25-cv-01987

Complaint

2025-06-26Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-08

On Feb. 16, American Oversight, a not-for-profit nonpartisan organization which collects, analyses and disseminates information about the activities and operations of the federal government, submitted Freedom of Information Act (FOIA) requests to Defendant for a variety of records related to the 287(g) agreements with local law enforcement agencies across the country. The agreements pertain to President Donald Trump’s immigration agenda and deputizes law enforcement to execute administrative warrants on suspected noncitizens in the local law enforcement agency’s jail. Plaintiff filed suit on June 26 asserting that Defendants have failed to conduct an adequate search or to disclose responsive records within statutorily prescribed time limits as required under FOIA. They seek an order requiring Defendants to conduct a full search and comply with Plaintiff’s FOIA requests and to enjoin Defendants from continuing to withhold these records.

Sept. 8, 2025: American Oversight and ICE filed a joint status report that indicates that ICE was in the process of searching for, reviewing, and producing documents in response to American Oversight's FOIA requests.

Judicial Watch v. Department of Justice (D.D.C.)

1:25-cv-02011

Complaint

2025-06-27Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-06-27

On January 30, Judicial Watch, a not-for-profit educational organization that promotes transparency and accountability in government, submitted a Freedom of Information Act (FOIA) request to the Department of Justice (DOJ) requesting records relating to the Federal Bureau of Investigation's (FBI) Arctic Frost investigation. Judicial Watch describes Arctic Frost as a DOJ investigation into President Donald Trump for challenging the 2020 election. While the FBI acknowledged receipt of the request by letter, dated February 14, 2025, Judicial Watch has received no further communication from the FBI regarding this request. On Jun. 27, Judicial Watch filed suit asserting that the DOJ failed to conduct an adequate search or to disclose responsive records within statutorily prescribed time limits as required under FOIA. Judicial Watch seeks an order requiring the DOJ to conduct a full search and comply with Judicial Watch’s FOIA requests and enjoining the DOJ from continuing to withhold these records.

American Oversight v. U.S. Department of Justice (D.D.C.)

1:25-cv-02197

Complaint

2025-07-10Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-15

In February and March 2025, American Oversight, a not-for-profit organization which collects, analyses, and disseminates information about the activities and operations of the federal government, submitted Freedom of Information Act (FOIA) requests to the U.S. Department of Justice (DOJ) for a variety of records regarding the activities of Principal Associate Deputy Attorney General Emil Bove while at the DOJ. Previously President Donald Trump’s criminal defense attorney, Bove is now a senior DOJ official and is also Trump’s nominee to serve as a judge on the Third Circuit Court of Appeals. Plaintiff filed suit on July 10 asserting that the DOJ has failed to conduct an adequate search or to disclose responsive records within statutorily prescribed time limits as required under FOIA. Plaintiff seeks an order requiring the DOJ to conduct a full search and comply with Plaintiff’s FOIA requests and enjoining the DOJ from continuing to withhold these records.

Dec. 15, 2025: The parties filed a joint status report that indicates that the DOJ’s Office of Information Policy (OIP) is in the process of searching for records responsive to Plaintiffs’ FOIA requests.

Guardian U.S. v. U.S. Immigration and Customs Enforcement (D.D.C.)

1:25-cv-02069

Complaint

2025-06-30Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-15

On May 14, Guardian News Media & LLC (Guardian) submitted Freedom of Information Act (FOIA) requests to the U.S. Immigration and Customs Enforcement (ICE) for records including I-213 Record of Deportrable/Inadmissible Alien forms and the corresponding “Continuation Page(s)” and “Significant Incident Reports.” ICE acknowledged its receipt of Guardian's FOIA request but has failed to provide further communication or documents to Guardian. Guardian filed suit on June 30 asserting ICE has failed to conduct an adequate search or to disclose responsive records within statutorily prescribed time limits as required under FOIA. Guardian seeks an order requiring ICE to conduct a full search and comply with Guardian’s FOIA requests and enjoining ICE from continuing to withhold these records.

Sept. 15, 2025: The parties filed a joint status report that indicates that ICE was in the process of responding to the FOIA requests.

Council for Global Equality v. U.S. Department of State (D.D.C.)

1:25-cv-02615

Complaint

2025-08-11Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-08-11

On August 11, the Council for Global Equality (CGE), a fiscally sponsored project of the Community Initiatives, Inc. not-for-profit organization, filed a complaint against the U.S. Department of State (State Department) seeking to enforce its Freedom of Information Act (FOIA) request and to compel the State Department to release information related to its publication of its Country Reports on Human Rights Practices (Human Rights Reports or HRRs). CGE alleges the State Department directed its employees to “streamline” these reports to include only the information legally required, resulting in public concern that the HRRs will omit key facts about the status of human rights in certain countries favored by the Trump Administration. As of the date this action was filed, the Trump Administration has yet to release the 2025 HRRs, which historically were released annually in the months of March or April. CGE submitted FOIA requests to the State Department seeking records relating to the HRRs and alleges the State Department violated FOIA by failing to respond to its request. CGE requests that the court order the State Department to search for and produce the requested files to CGE.

Democracy Defenders Fund v. U.S. Department of Justice (D.D.C.)

1:25-cv-02791

Complaint

Amended Complaint

2025-10-01

Third Amended Complaint

2025-12-30

2025-08-21Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-30

On Aug. 21, 2025, the Democracy Defenders Fund (DDF), a democracy-oriented nonprofit organization, filed a complaint challenging the DOJ’s Criminal Division’s refusal to respond to a Freedom of Information Act (FOIA) request for records related to the “Epstein Files.” Plaintiffs seek disclosure of all DOJ investigative records concerning Jeffery Epstein that reference Donald Trump or his Mar-a-Lago estate. DDF alleges the DOJ violated FOIA by failing to conduct adequate searches for responsive records in the time stipulated by law, withheld non-exempt responsive records, failed to grant a request for expedited processing and a request for a fee waiver. DDF asks the court to order the DOJ to search for and produce responsive records and enjoin the DOJ from continuing to withhold non-exempt records responsive to their FOIA request.

Oct. 1, 2025: The Plaintiffs filed an amended complaint.

Dec. 30, 2025: Plaintiffs filed a third amended complaint.

Democracy Forward Foundation v. U.S. Department of Justice (D.D.C.)

1:25-cv-02597

Complaint

2025-08-08Government Action BlockedTransparencyResponse to FOIA and Records Retention2025-11-24

On Aug. 8, 2025, Democracy Forward Foundation (DFF), a nonprofit dedicated to transparency and accountability in government, filed a complaint seeking to enforce its Freedom of Information Act (FOIA) requests for disclosure of files related to Jeffrey Epstein. Defendants are the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). DFF sent FOIA requests to DOJ, FBI, and multiple Executive Branch offices for any communications between certain DOJ officials, certain FBI officials, and certain White House officials related to the Jeffrey Epstein matter, as well as any communications between President Donald Trump and Jeffrey Epstein. DFF argues that DOJ and FBI violated FOIA by failing to grant expedited processing of its FOIA requests. The suit asks the court to order Defendants to grant expedited processing of DFF’s requests and to produce the requested files to DFF.

Aug. 11, 2025: DFF filed a motion for summary judgment on the enforcement of its FOIA requests.

Nov. 24, 2025: Judge Chutkan issued an order and opinion granting in part DFF’s motion for summary judgment, ordering DOJ and the FBI to expedite processing of DFF’s July 25 and July 28 FOIA requests, except as to the overbroad search terms “whistleblower” and “flight logs.”

Florence Immigrant and Refugee Rights Project v. United States Department of Health And Human Services (S.D.N.Y.)

1:24-cv-06740

Complaint

2024-09-05Government Action BlockedTransparencyResponse to FOIA and Records Retention2024-04-21

In June of 2024 two immigrant rights advocacy groups and a migrant determined by the government to be an adult based solely on dental records submitted FOIA requests to U.S. Department of Health and Human Services (HHS), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and U.S. Department of Homeland Security (DHS), seeking information on the use of dental and bone x-rays to determine the age of unaccompanied migrant children. Plaintiffs allege that the practice is discredited and has a disproportionate negative impact on Black and South Asian unaccompanied children. On Sept. 5, 2024 Plaintiffs filed suit under FOIA claiming that the Defendant agencies had unjustifiably failed to produce the information requested by Plaintiffs, and seeking declaratory and injunctive relief to compel Defendants to immediately process Plaintiffs’ FOIA requests and release the records.

Apr. 21, 2025: The court ordered Defendants to make “diligent efforts” to propose to Plaintiffs the number of HHS documents to be processed on a monthly basis.

American Oversight v. U.S. Department Of Homeland Security (D.D.C.)

1:25-cv-02390

Complaint

2025-07-24Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-07-24

On July 25, 2025, American Oversight, a nonpartisan nonprofit organization dedicated to promoting government transparency and educating the public about government activities and accountability, sued the Department of Homeland Security (DHS), Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS), alleging that the federal immigration agencies failed to respond to multiple FOIA requests aimed at illuminating the Administration’s actions in implementing Executive Order (EO) 14159 titled “Protecting the American People Against Invasion”, particularly regarding the 1940 Alien Registration Act “Registration Provision”, in response to the Administration’s alleged mass-deportation agenda and requirement that all unregistered noncitizens comply with this provision. Plaintiffs seek declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Freedom Of The Press Foundation v. U.S. Department Of Justice (D.D.C.)

1:25-cv-02432

Complaint

2025-07-28Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-07-29

In May 2025, the Trump Administration accepted a $400 million aircraft from Qatar, allegedly after Attorney General Pam Bondi sent a memorandum to the White House Counsel’s Office concluding that the Trump Administration’s acceptance of the plane is “legally permissible.” Plaintiff Freedom of the Press Foundation, a non-profit organization dedicated to press freedom, government accountability, and the public’s right to know, submitted a FOIA request to the Department of Justice (DOJ) on May 15, 2025 seeking a copy of this memorandum. On July 28, 2025, FPF filed suit alleging that the DOJ had failed to respond to FPF’s FOIA request within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Center for Constitutional Rights v. United States Department of Defense (S.D.N.Y.)

1:25-cv-06214

Complaint

2025-07-29Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-07-29

On Jan. 20, 2025 President Trump issued Executive Order (EO) 14165 titled “Securing Our Border,” and on Jan. 29, 2025 issued a Presidential Memorandum titled “Expanding Migrant Operations Center at Naval Station Guantanamo Bay to Full Capacity”. Plaintiffs, three non-profit organizations that provide support and advocacy for immigrants, allege that pursuant to the EO and Memorandum, the Administration is expanding the Migrant Operations Center (“MOC”) at the United States Naval Base at Guantánamo (“Guantánamo”) with the intention of detaining thousands of migrants currently detained or residing in the United States, and that this expansion includes the participation of Department of Defense (DOD) personnel.

On Feb. 6, 2025, Plaintiffs filed a FOIA request with Defendants (Department of Defense, Department of State, Department of Homeland Security, and the three federal immigration agencies) seeking a range of information about the nature and scope of intra- and inter-agency operations and migration detention operations in general at Guantanamo. On July 29, 2025, Plaintiffs filed suit alleging that the Defendants had failed to respond to this FOIA request within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

American Oversight v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-03113

Complaint

2025-09-10Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-10

Previously President Donald Trump’s campaign manager for his 2016 presidential campaign, Corey Lewandowski is now a Special Government Employee at the Department of Homeland Security (DHS) and Chief Advisor to DHS Secretary Kristi Noem. Following press reports concerning the scope of Lewandowski’s role at DHS, American Oversight, a not-for-profit organization which collects, analyses, and disseminates information about the activities and operations of the federal government, submitted three Freedom of Information Act (FOIA) requests to the DHS between May and July 2025 for a variety of records regarding Lewandowski’s role within DHS. Plaintiff filed suit on Sept. 10 asserting that DHS has failed to conduct an adequate search or to disclose responsive records within statutorily prescribed time limits as required under FOIA, and seeking an order requiring DHS to conduct a full search and comply with Plaintiff’s FOIA requests and enjoining DHS from continuing to withhold these records.

Freedom of the Press Foundation v. U.S. Dep’t of Homeland Security (D.D.C.)

1:25-cv-03385

Complaint

2025-09-24Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-24

Plaintiff Freedom of the Press Foundation (FPF), a non-profit organization dedicated to press freedom, government accountability, and the public’s right to know, submitted FOIA requests to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) on July 2, 2025 seeking emails relating to the Trump administration’s claim that it wanted to prosecute CNN for reporting on “ICEBlock,” an app that allows users to track Immigration and Customs Enforcement agents. On Sept. 24, FPF filed suit alleging that both DHS and DOJ had failed to respond to FPF’s FOIA request within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Freedom of the Press Foundation v. Office of the Director of National Intelligence (D.D.C.)

1:25-cv-03386

Complaint

2025-09-24Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-24

Plaintiff Freedom of the Press Foundation (FPF), a non-profit organization dedicated to press freedom, government accountability, and the public’s right to know, submitted FOIA requests to the Office of the Director of National Intelligence on July 3 and 10, 2025 seeking documents concerning Director Gabbard’s reported firing of a senior FOIA official who helped lawfully release a document to FPF as well as emails relating to Gabbard’s comments on social media about Washington Post reporter Ellen Nakashima, as well as documents concerning Gabbard’s reported firing of a senior FOIA official who helped lawfully release a document to FPF. On Sept. 24, FPF filed suit alleging that the DNI had failed to respond to FPF’s FOIA request within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Freedom of the Press Foundation v. U.S. Dep’t of Homeland Security (D.D.C.)

1:25-cv-03387

Complaint

2025-09-24Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-24

Plaintiffs Freedom of the Press Foundation (FPF), a non-profit organization dedicated to press freedom, government accountability, and the public’s right to know, and 404 Media, an independent online publication that reports on technology and the internet, submitted FOIA requests to the Department of Homeland Security (DHS) and the U.S. Center for Medicare and Medicare Services (CMS) on July 17 seeking information about and a copy of an agreement through which CMS will provide DHS’s Immigration and Customs Enforcement (ICE) agency with the personal information of nearly 80 million Medicaid patients. On Sept. 24, the Plaintiffs filed suit alleging that the Defendants had failed to respond to these FOIA request within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

The New York Times Company v. United States Defense Counterintelligence and Security Agency (S.D.N.Y.)

1:25-cv-02333

Complaint

2025-03-20Government Action BlockedTransparencyResponse to FOIA and Records Retention2025-11-17

On January 20, 2025, President Trump issued Executive Order No. 14,158, establishing the Department of Government Efficiency (DOGE) and appointed Elon Musk to lead DOGE. The New York Times filed a Freedom of Information Act (FOIA) request in September 2024 regarding Elon Musk’s government security clearances to the United States Defense Counterintelligence and Security Agency (DCSA), an agency of the federal government responsible for conducting background investigations and adjudicating security clearances. The New York Times’ FOIA request was denied on October 2, 2024, and the New York Times filed suit against the DSCA on March 3, 2025, alleging that the denial of its FOIA request was unjustifiable under FOIA’s personal privacy exemptions and deprived the New York Times and the public of important information concerning Musk’s security clearances and sought the release of the requested records.

Update 1: On October 8, 2025, Judge Cote granted summary judgment for the plaintiffs, holding that per plaintiffs’ September 2024 FOIA request, the DCSA must produce a single, two-page document listing any security clearances granted to Elon Musk at that time. DCSA had denied plaintiffs’ FOIA request on the ground that Musk’s privacy interest as a private citizen outweighed disclosure. The court held that the DCSA failed to prove disclosure of a list of Musk’s clearances would be a “clearly unwarranted invasion of personal privacy” and Musk’s public comments had reduced his privacy interests. It also held that substantial public interest into the thoroughness, fairness, or accuracy of security clearance determinations outweighed any privacy interests Musk holds.

Update 2: On October 20, 2025, Judge Cote accepted the DSCA’s proposed redactions to the FOIA disclosure.

Update 3: On November 3 2025, the New York Times filed a motion for reconsideration of the Judge Cote’s October 20 order, requesting for DSCA to produce both pages of the record, subject only to those redactions justified under privacy exemptions, and not to withhold page one or any investigation-related information in its entirety.

Democracy Forward Foundation v. United States Department of Justice (D.D.C.)

1:25-cv-03559

Complaint

2025-10-06Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-06

On October 6, Democracy Forward Foundation filed a complaint against DOJ and FBI to compel compliance with its expedited FOIA request for any recordings (video or audio) of Homan’s reported alleged acceptance of a $50,000 cash payment from undercover FBI agents in Sept. 2024, prior to his joining the administration. In support of the request for expedited processing, the complaint notes the plaintiffs had submitted evidence of requests from multiple members of Congress as evidence of the strong public interest, and that after initial acknowledgment, they had not received further communications on the status of their request since September 26.

American Oversight v. U.S. Dep’t of Justice (D.D.C.)

1:25-cv-03414

Complaint

2025-09-25Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-25

On March 15, 2025, President Donald Trump issued Proclamation 10903, titled “Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua”, which invoked the Alien Enemies Act to order the removal of all Venezuelan citizens not lawfully in the US who are members of the Venezuelan gang Tren de Aragua. On the same day, Venezuelans held by the Department of Homeland Security (DHS) were loaded onto planes and, despite a court order from Judge James Boasberg of the District Court for the District of Columbia ordering the government to not to relinquish custody, a group of these detainees were subsequently flown to El Salvador and transferred to a Salvadoran prison. On June 24, a whistleblower complaint was filed which asserted that Emil Bove, who was then Principal Associate Deputy Attorney General, had told attorneys in the DOJ’s Office of Immigration Litigation (OIL) on March 14 that planes would be taking off over the weekend “no matter what” and that they should consider ignoring any court orders enjoining removals. During a hearing on June 25 concerning Mr. Bove’s nomination to the Third Circuit Court of Appeals, Mr. Bove said he did not recall if he had given this instruction.

Plaintiff American Oversight, a non-profit organization that promotes government transparency, submitted a request on July 15 under the Freedom of Information Act (FOIA) to the DOJ seeking all photographs, video recordings and/or audio recordings of the removals on March 15 and 16. Plaintiff filed suit on Sept. 25 asserting that they had not been given a final determination of their request and that no records had been produced. They allege a violation of FOIA, 5 U.S.C. § 552 and ask the court to compel Defendants to process these FOIA requests on an expedited basis and conduct a reasonable search for responsive records.

Democracy Forward Foundation v. Social Security Administration (D. Md.)

1:25-cv-03384

Complaint

2025-10-14Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-14

On October 14, 2025, Democracy Forward Foundation sued the Social Security Administration (SSA) for allegedly violating the Freedom of Information Act (FOIA) by failing to respond to Democracy Forward’s FOIA requests. These requests, sent in July 2025, sought records that may address the impact of reported service disruptions and organizational restructuring in the SSA, such as information on wait times and delayed payments to beneficiaries. Plaintiff requests a court order compelling the search and production of the requested records.

Bower v. U.S. Social Security Administration (D.D.C.)

1:25-cv-02713

Complaint

2025-08-18Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-18

Plaintiff American Civil Liberties Union (ACLU) and two journalists at Lawfare, a non-profit, non-partisan media organization dedicated to legal news and analysis, submitted FOIA requests to the U.S. Social Security Administration (SSA) and U.S. Citizenship and Immigration Services (CIS) on June 23, 2025 seeking information concerning the SAVE (Systematic Alien Verification for Entitlements) program, including changes made to it and/or other federal databases, and communications by these agencies to state elections officials and to a group of private activists called the Election Integrity Network. Plaintiffs also asked for expedited processing of their requests. On August 18, plaintiffsfiled suit alleging that both SSA and CIS had failed to respond to plaintiffs’ FOIA requests within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Aug. 21, 2025: Plaintiffs filed a motion for preliminary injunction seeking an order requiring SSA and CIS to immediately process their pending FOIA requests. On August 28, 2025, Judge Walton denied the motion without prejudice based on counsel’s representation that plaintiffs were prepared to withdraw the motion.

Sept. 18, 2025: Defendants filed their answer.

American Oversight vs. Federal Housing Finance Agency (D.D.C.)

1:25-cv-02857

Complaint

2025-08-26Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-08-26

Plaintiff American Oversight submitted a FOIA request to the Federal Housing Finance Agency (FHFA) on June 12, 2025 seeking FHFA Director William Pulte’s communications with the White House Office and Congress, waivers and financial disclosures, and guidance issued by Director Pulte. On August 26, plaintiff filed suit alleging that FHFA had failed to respond to its FOIA request within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Center for Constitutional Rights v. United States Department of State (S.D.N.Y.)

1:25-cv-06879

Complaint

2025-08-20Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-08-20

The Center for Constitutional Rights (CCR), a non-profit advocacy organization, submitted FOIA requests to the U.S. Department of State and U.S. Agency for International Development (USAID) on July 5, 2025 seeking documents concerning State’s June 26, 2025 decision to approve $30 million for the Gaza Humanitarian Foundation (GHF). The plaintiff also requested expedited processing. Both agencies denied plaintiff’s request for expedited processing as not showing a compelling need or imminent threat. DOS further responded that it would not complete processing CCR’s request until February 28, 2026 due to a backlog of FOIA requests. USAID similarly responded that its response would be delayed due to unusual circumstances. Plaintiff alleges that these delays erode government transparency and prevent the public from meaningfully understanding the scope of U.S. support for and involvement in GHF’s operations. On August 20, plaintifffiled suit alleging that State and USAID had failed to respond to its FOIA requests within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Citizens For Responsibility And Ethics In Washington v. Department Of State (D.D.C.)

1:25-cv-02792

Complaint

2025-08-21Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-08-21

Plaintiff Citizens for Responsibility and Ethics in Washington (CREW) submitted FOIA requests to the U.S. Department of State (DOS) on March 5, 2025 seeking documents concerning a February 13, 2025 meeting between Elon Musk and Indian Prime Minister Narendra Modi, as well as additional records concerning visits by other foreign delegations or heads of state mentioning Mr. Musk. On August 21, plaintifffiled suit alleging that DOS had failed to respond to its FOIA request within the time period required by law and seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA.

Freeman v. U.S. Census Bureau (S.D.N.Y.)

1:25-cv-07834

Complaint

2025-09-22Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-22

Plaintiff, Dr. Jonathan B. Freeman, submitted two FOIA requests to the U.S. Census Bureau in May and July of 2025, seeking to compel the release of data from the Census Bureau’s testing of sexual orientation and gender identity (“SOGI”) questions on the American Community Survey (“ACS”). The Census Bureau denied his FOIA requests. Plaintiff argues that the Census Bureau unlawfully denied and withheld records that are essential to evaluating whether SOGI questions can be included in the nation’s primary annual survey of Americans. Plaintiff alleges these records are crucial to ensuring the needs of LGBTQ+ people are accurately reflected in federal policy and decision-making. Plaintiff requests that the court compel the Census Bureau to release all non-exempt data concerning the Census Bureau’s testing of SOGI for the ACS.

Democracy Forward Foundation v. U.S. Office Of Personnel Management (D.D.C.)

1:25-cv-03517

Complaint

2025-10-01Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-01

Democracy Forward, a nonprofit that promotes government transparency, sued four government agencies: the U.S. Office of Personnel Management (“OPM”), General Services Administration (“GSA”), U.S. Department of Housing and Urban Development (“HUD”), and the Office of Management and Budget (“OMB”) under the Freedom of Information Act. Plaintiff alleges that the Trump Administration has reportedly been using AI to implement a deregulation agenda, and that Plaintiff had filed four requests for data relating to the agencies’ AI use, none of which were responded to. The complaint focuses on concerns that AI tools are being used to expedite the removal or rewriting of federal regulations with limited transparency, thereby potentially undermining regulatory protections for health, safety, wages, and rights. Plaintiff asks the court to compel the agencies to produce non-exempt data regarding the use of AI in executing the administration’s deregulation agenda.

ACLU v. ICE (S.D.N.Y.)

1:25-cv-08109

Complaint

2025-10-01Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-01

On May 28, 2025, ICE published a request for information about available detention facilities in Virginia. The ACLU of Virginia and the ACLU of North Carolina filed a FOIA request on August 8, 2025, seeking information that might have been received by ICE in response to their request for information about detention facilities. ICE has not yet released any responsive records, and Plaintiffs argue that ICE”s failure to produce records in response to the FOIA request is unlawful. Plaintiffs request that the court compel ICE to produce all non-exempt records responsive to the FOIA request.

American Oversight v. U.S. Department of Justice (D.D.C.)

1:25-cv-03200

Complaint

2025-09-15Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-09-15

Plaintiff American Oversight alleges that, on July 7, 2025, the Federal Bureau of Investigation (FBI) and Department of Justice (DOJ) released a memo describing those agencies’ review of records concerning the investigation of Jeffrey Epstein and stating that the review found no client list, no credible evidence that Epstein had blackmailed prominent individuals, and no evidence to support investigation of third parties. Plaintiff alleges that memo has been criticized and that it contradicts prior statements by the administration. On July 29, 2025, plaintiff sent FOIA requests to the FBI and to the DOJ’s Office of Information Policy (OIP) and Office of Legal Counsel (OLC) for production of records concerning the training provided to personnel who conducted the review, the roles of Attorney General Bondi and FBI Director Kash Patel in shaping the review, and whether any personnel expressed concerns or dissent about the conduct of the review. Plaintiff alleges that the FBI and DOJ OIP responded that their responses would be delayed and that the DOJ OLC acknowledged receipt and assigned processing numbers, but that the agencies have provided no further information in response to the requests. Plaintiff filed suit on September 15, 2025, seeking an order compelling the agencies to search for all potentially relevant information, produce all non-exempt information to American Oversight, and enjoin the agencies from continuing to withhold all non-exempt records pertinent to the FOIA requests.

American Oversight v. Federal Bureau of Investigation (D.D.C.)

1:25-cv-03597

Complaint

2025-10-07Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-07

Plaintiff American Oversight alleges that, on July 8, 2020, it filed a FOIA request with the FBI for production of FBI records relating to whether Donald Trump was interviewed by the FBI or gave a statement or statements to the FBI between 2006 and 2008 concerning the FBI’s investigation of Jeffrey Epstein. Plaintiff further alleges that the FBI refused to confirm or deny the existence of any such records and refused to produce any such records, and that the denial was subsequently upheld on administrative appeal. Plaintiff argues that the FBI’s refusal to search for or produce records violates FOIA and that the second Trump administration’s allegedly ambiguous and contradictory statements and actions concerning the Epstein case and files warrant disclosure of the requested FBI records. Plaintiff filed suit on October 7, 2025, seeking an order compelling the FBI to search for and produce non-exempt records responsive to American Oversight’s FOIA request.

Citizens for Responsibility & Ethics in Washington v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-03670

Complaint

2025-10-15Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-15

The Department of Homeland Security has stated that it “no longer maintain[s]” text messages generated after April 9, 2025 and has also stated that it no longer has the capability to search text messages in response to Freedom of Information Act (FOIA) requests. Citizens for Responsibility & Ethics (CREW), a non-profit government watchdog, sent a FOIA request to DHS on September 12, requesting records relating to a proposed centralized citizenship data bank, and has yet to receive a response and has submitted other requests in recent months for which no text message records were produced. CREW filed suit against the Department of Homeland Security (DHS), the National Archives and Records Administration (NARA), and their respective heads and argues that in failing to preserve or search agency text messages, the Defendants violate the Federal Records Act (FRA), which requires agencies to “make and preserve records containing adequate and proper documentation of the organization” and FOIA, which requires agencies to produce records requested by the public.

CREW makes Administrative Procedure Act (APA) claims, arguing that Defendants’ policy is arbitrary and capricious and their violation of the FRA is agency action contrary to law and agency action unlawfully withheld. Plaintiff argues an entitlement to a writ of mandamus in the alternative. Plaintiff also makes FOIA claims, arguing that Defendants have a “policy or practice” of violating FOIA, have wrongfully denied CREW’s request for expedited processing, and have wrongfully withheld records. CREW seeks declaratory and injunctive relief to compel preservation of electronic messaging data, require NARA and DHS to initiate enforcement through the Attorney General, and order expedited FOIA processing of CREW’s pending requests.

LatinoJustice PRLDEF and American Immigration Council v. U.S. Immigration and Customs Enforcement (S.D.N.Y.)

1:25-cv-08516

Complaint

2025-10-15Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-15

On Oct. 15, LatinoJustice PRLDEF and the American Immigration Council filed suit against ICE, the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the Executive Office for Immigration Review (EOIR) to compel disclosure under the Freedom of Information Act (FOIA) of internal records concerning a new enforcement policy implemented by ICE on Jan. 21 that allowed civil immigration enforcement actions in or near courthouses, and by EOIR on Jan. 28 that allowed civil immigration enforcement in or near EOIR spaces. In May 2025, ICE authorized and implemented widespread arrests of noncitizens appearing for hearings in immigration courts with expedited removal proceedings for noncitizens with dismissed cases. The plaintiffs seek expedited processing of their 11 FOIA requests for agency communications, memos, and policy guidance relating to immigration court arrests and dismissals, court orders for reasonable searches, review of withholding claims.

Interfaith Alliance Foundation v. U.S. Department of Justice (D.D.C.)

1:25-cv-03746

Complaint

2025-10-22Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-22

[Coming soon - On October 22, Interfaith Alliance filed suit against the Department of Justice, State Department, and the Department of Veterans Affairs to compel responses to FOIA requests concerning President Trump’s Executive Order 14202, “Eradicating Anti-Christian Bias,” which created a federal Task Force to Eradicate Anti-Christian Bias. The complaint details multiple unfulfilled FOIA requests seeking records on Task Force meetings, communications with external advocacy groups, communications between the Task Force and DOJ, and other related Task Force reports and guidance. The Task Force’s stated purpose is to review the activities of federal departments and agencies to “ensure that any unlawful and improper conduct, policies, or practices that target Christians are identified, terminated, and rectified.”]

Democracy Forward Foundation v. Federal Housing Finance Agency (D.D.C.)

1:25-cv-03700

Complaint

2025-10-20Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-20

On July 21, Democracy Forward Foundation, a not-for-profit organization that promotes transparency and accountability in government, sent a Freedom of Information Act (FOIA) request to the Federal Housing Finance Agency (FHFA) seeking information about FHFA Director William J. Pulte’s criminal referrals to the Department of Justice for public officials over possible mortgage fraud. Plaintiff subsequently submitted a number of other FOIA requests seeking additional information on the same topic. Plaintiff filed suit against FHFA arguing that its failure to promptly produce documents constitutes a FOIA violation. Plaintiff seeks injunctive relief compelling Defendant to search for and produce responsive records.

Democracy Forward Foundation v. U.S. Department of Justice (D.D.C.)

1:25-cv-03755

complaint

2025-10-23Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-23

Plaintiff Democracy Forward Foundation (a nonprofit organization promoting transparency and accountability in government) sent three Freedom of Information Act (FOIA) requests to the Department of Justice’s (DOJ) Office of Justice Programs (OJP) and Office of Information Policy (OIP) seeking documents about the April 2025 terminations of more than 250 grants that funded violence reduction, victims’ services, juvenile justice, mental health, and reentry programs nationwide. Democracy Forward filed a complaint against the DOJ and FBI challenging their failure to disclose these records concerning the Trump Administration’s termination of more than $800 million in grants. The complaint alleges that the DOJ and FBI unlawfully withheld agency records in violation of 5 U.S.C. § 552, both by failing to make timely determinations and by invoking improper privacy exemptions to withhold communications of Tarak Makecha, a DOGE staffer reportedly involved in drafting a spreadsheet of 365 OJP grants targeted for cancellation. Democracy Forward argues that the records are of high public interest, especially because of Makecha’s dual placement at the DOJ and FBI. The suit asks the court to order the DOJ and FBI to conduct the relevant record searches, release all non-exempt records, and end their unlawful withholding of information related to the OJP grant terminations.

Knight First Amendment Institute at Columbia University v. Office of Management and Budget (S.D.N.Y.)

1:25-cv-08783

Complaint

2025-10-23Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-23

In May 2025, the Knight Institute, a First Amendment advocacy organization, filed a Freedom of Information Act (FOIA) request with the Office of Management and Budget (OMB) and the Department of Justice (DOJ) seeking information about deals the Trump administration has made with law firms, under which the law firms agreed to suspend diversity programs and perform pro bono work supporting the administration. Neither agency has produced the requested information. Plaintiff has filed suit arguing that agencies have violated FOIA because of their failure to timely respond and failure to unconditionally grant Plaintiff’s fee waiver. Plaintiff seeks declaratory and injunctive relief.

American Oversight v. U.S. Department of Homeland Security (D.D.C.)

1:25-cv-03812

Complaint

2025-10-30Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-30

On Oct. 30, American Oversight filed suit against the Department of Homeland Security seeking records related to Heather Honey’s appointment and activities as the agency’s Deputy Assistant Secretary for Election Integrity. The watchdog organization alleges that DHS failed to respond to multiple FOIA requests concerning information about Honey’s hiring, job responsibilities, and communications, emphasizing the public’s need for transparency given Honey’s alleged involvement in the election-denial movement, including advancing unsubstantiated claims of voter fraud, advocating for states to withdraw from the Electronic Registration Information Center (ERIC), and sharing draft legislation questioning the security of voting machines.The Plaintiff alleges violations of FOIA, 5 U.S.C. § 552, and seek an order compelling the agency to search for all potentially relevant information, produce all non-exempt information to American Oversight, and enjoin the agency from continuing to withhold all non-exempt records pertinent to the FOIA requests.

Campaign Legal Center v. Social Security Administration (D.D.C.)

1:25-cv-03830

2025-10-31Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-31

On March 25, 2025, President Trump issued Executive Order 14248, titled “Preserving and Protecting the Integrity of American Elections,” which directed the Social Security Administration (“SSA”) and the U.S. Department of Homeland Security (“DHS”) to work in connection with the U.S. Department of Government Efficiency (“DOGE”) and other federal agencies to use state voter rolls to search for potential, alleged illegal voting by non-U.S. citizens and create a federal database of voter information. On October 31, 2025, nonprofits Campaign Legal Center and American Oversight filed suit against the SSA, challenging the agency’s failure to comply with Freedom of Information Act (FOIA) requests. filed by the Campaign Legal Center and American Oversight, seeking information related to the cross-agency effort to create a federal database of voter information. Plaintiffs assert that the agency has failed to conduct adequate searches for responsive records and has wrongfully withheld non-exempt agency records in violation of FOIA, 5 U.S.C. § 552. Plaintiffs seek a court order compelling the Social Security Administration to conduct thorough searches for all responsive records and produce all non-exempt information, as well as an injunction preventing further withholding of records relevant to the FOIA requests.

Campaign Legal Center v. United States Citizenship and Immigration Services (D.D.C.)

1:25-cv-03829

2025-10-31Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-31

On March 25, 2025, President Trump issued Executive Order 14248, titled “Preserving and Protecting the Integrity of American Elections,” which directed the Social Security Administration (“SSA”) and the U.S. Department of Homeland Security (“DHS”) to work in connection with the U.S. Department of Government Efficiency (“DOGE”) and other federal agencies to use state voter rolls to search for potential, alleged illegal voting by non-U.S. citizens and create a federal database of voter information. On October 31, 2025, nonprofits Campaign Legal Center and American Oversight filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS), challenging USCIS’s failure to respond adequately to Freedom of Information Act (FOIA) requests seeking records related to the implementation of EO 1424. Plaintiffs allege that USCIS has not complied with FOIA requirements, by failing to conduct an adequate search and unlawfully withholding non-exempt records related to the expanded federal database used for verifying voter eligibility. Plaintiffs seek a court order compelling USCIS to conduct reasonable searches, produce all responsive non-exempt records, and prevent further wrongful withholding of documents.

Campaign Legal Center v. United States Department of Homeland Security (D.D.C.)

1:25-cv-03828

Complaint

2025-10-31Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-31

On March 25, 2025, President Trump issued Executive Order (EO) 14248, “Preserving and Protecting the Integrity of American Elections,” which directs the U.S. Department of Homeland Security (DHS) and other federal agencies to collaborate with states by cross-referencing voter rolls with federal immigration databases to verify citizenship status as part of an expanded voter maintenance database. On October 31, 2025, nonprofits Campaign Legal Center and American Oversight filed suit challenging DHS’s failure to respond adequately to Freedom of Information Act (FOIA) requests seeking records related to implementation of the EO. Plaintiffs allege DHS has failed to conduct adequate searches for responsive documents and is unlawfully withholding non-exempt records related to implementation of the EO. Plaintiffs request the court compel DHS to produce responsive documents and stop unlawful withholding of documents.

National Treasury Employees Union v. Office of Personnel Management (D.D.C.)

1:25-cv-03948

Complaint

2025-11-14Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-11-14

[Coming soon - On November 14, the National Treasury Employees Union sued the Office of Personnel Management under the Freedom of Information Act, claiming that the administration failed to respond to records requests identifying which positions agencies seek to reclassify as Schedule Policy/Career in order to reduce their removal protections.]

Protect Democracy Project v. Department of the Treasury (D.D.C.)

1:25-cv-04101

Complaint

2025-11-24Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-11-24

Protect Democracy Project (Protect Democracy), a nonpartisan nonprofit, filed a Freedom of Information Act (FOIA) suit against the Departments of Treasury, State, and Homeland Security, as well as FinCEN, seeking records about how the Trump Administration is implementing recent executive actions that purport to target “Antifa” but are allegedly being used to investigate and compile lists of nonprofit and philanthropic organizations viewed as political opponents. The complaint explains that after President Trump issued an executive order designating “Antifa” as a domestic terrorist organization and National Security Presidential Memorandum‑7 directing multi‑agency investigations into supposed networks and funders of political violence, Protect Democracy submitted expedited FOIA requests on October 22, 2025, asking for guidance, tasking, lists of targeted nonprofits, and communications with banks and third parties concerning suspected “Antifa”‑related activity. The suit alleges that Treasury, State, DHS, and FinCEN either failed to acknowledge the FOIA requests, provided only a boilerplate shutdown message, or otherwise ignored statutory deadlines for making determinations and producing records, thereby constructively denying access. Invoking FOIA, Protect Democracy claims the agencies have not conducted adequate searches, are unlawfully withholding non‑exempt records, and have improperly failed to grant expedited processing. Protect Democracy seeks orders requiring prompt and comprehensive searches, release of all non‑exempt documents, expedited handling of the requests, and an award of fees and costs.

American Civil Liberties Union v. Department of Justice (S.D.N.Y.)

1:25-cv-10189

Complaint

2025-12-09Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-09

Since September 2, 2025, President Donald Trump has allegedly ordered at least 22 lethal strikes against civilians in boats that the Trump administration asserts were carrying drugs, killing roughly 87 people, pursuant to a legal opinion authored by the Department of Justice’s (DOJ’s) Office of Legal Counsel (OLC) which purportedly authorizes these acts and immunizes officials and services members involved from future prosecution. Such actions have garnered widespread bipartisan and expert criticism that the strikes violate domestic and international law. On October 15, 2025, the American Civil Liberties Union and the American Civil Liberties Union Foundation (collectively, ACLU), and the Center for Constitutional Rights (CCR) filed identical Freedom of Information Act (FOIA) requests to the DOJ, Department of State (DoS), and Department of Defense (DoD). These requests sought the immediate release of the OLC opinion, unclassified summaries, and the presidential directive authorizing force. When the agencies failed to respond to these FOIA requests by the deadline, ACLU and CCR filed this lawsuit on December 9, 2025, alleging FOIA violations for failing to make reasonable efforts to search for and release the requested records. Plaintiffs request that the court order immediate and comprehensive searches of documents, prompt production of all non‑exempt documents, and an award of costs and attorneys’ fees to the advocacy groups.

American Oversight v. U.S. Department Of State (D.D.C.)

1:25-cv-03669

Complaint

2025-10-15Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-10-15

Plaintiff American Oversight, a not-for-profit organization which collects, analyses, and disseminates information about the activities and operations of the federal government, submitted ten Freedom of Information Act (FOIA) requests to the U.S. Department of State (DOS), Department of Defense (DOD), and several other federal agencies concerning records related to the agencies’ and officials’ use of the messaging app Signal. Plaintiff alleges that these agencies and officials of the Trump administration widely use SIgnal to conduct government functions. Plaintiff filed this lawsuit after receiving limited or no communication in response to the requests and receiving no documents to date in response to these requests. Plaintiff argues that the agencies’ failure and/or refusal to search for and produce non-exempt records in response to the FOIA requests violates FOIA. As relief, plaintiff primarily asks the court to order defendants to search for and produce all non-exempt records responsive to these requests.

American Oversight v. Federal Bureau of Investigation (D.D.C.)

1:26-cv-00020

Complaint

2026-01-05Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2026-01-05

On Jan. 5, 2026, American Oversight, a nonprofit organization, sued the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) for allegedly violating the Freedom of Information Act (FOIA) by failing to respond to records requests submitted between March and September 2025 regarding the certification of the 2020 presidential election, the Jan. 6, 2021 attack on the Capitol, the related Trump pardons, and the DOJ’s “Weaponization Working Group” – an internal review of prior Trump-related investigations claimed to be politically motivated. The complaint alleges abuse of government power for political retribution, failure by the FBI and DOJ to conduct adequate searches for records responsive to its request, and failure to release non-exempt documents, as required by FOIA. American Oversight requests that the court order (i) the FBI and DOJ to search for and release all non-exempt records responsive to its FOIA request and (ii) prohibit these agencies from withholding records.

Center For Reproductive Rights v. U.S. Department of State (D.D.C.)

1:25-cv-04338

Complaint

2025-12-15Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-15

The Center for Reproductive Rights, a not-for-profit organization “dedicated to using the power of law to advance reproductive rights as fundamental human rights around the world” sued the U.S. Department of State (DOS) for allegedly violating the Freedom of Information Act (FOIA) by failing to respond to the Center’s August 29, 2025 records request. Plaintiff alleges it filed a FOIA request with DOS seeking information about “...the potential destruction of contraceptive supplies purchased with taxpayer funds by the U.S. Agency for International Development (“USAID”) to provide...reproductive health care in five African countries.” Plaintiff requests that the court order DOS to search for and produce records responsive to Plaintiff’s FOIA request

Democracy Forward Foundation v. U.S. Department of Justice (D.D.C.)

1:25-cv-04340

Complaint

2025-12-15Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-15

On Oct. 23, 2025, Democracy Forward Foundation, a not-for-profit organization that promotes transparency and accountability in government, sent Freedom of Information Act (FOIA) requests to the U.S. Department of Justice (DOJ) and the U.S. Department of the Treasury (Treasury) seeking information related to President Donald Trump’s two Federal Tort Claims Act (FTCA) complaints to the DOJ, which request payment of roughly $230 million arising from federal investigations into his past actions. Allegedly, according to public reporting, DOJ attorneys, including some who previously represented President Trump or other subjects during the underlying investigations, are considering administratively settling these FTCA claims and paying the president significant sums. Plaintiff filed suit against the DOJ and the Treasury arguing that their failure to promptly produce documents constitutes a FOIA violation. Plaintiff seeks injunctive relief compelling Defendant to search for and produce responsive records.

Democracy Forward Foundation v. U.S. Department of Health and Human Services (D.D.C.)

1:25-cv-04424

Complaint

2025-12-19Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2025-12-19

On Nov. 18, 2025, Democracy Forward Foundation, a not-for-profit organization that promotes transparency and accountability in government, sent Freedom of Information Act (FOIA) requests to the U.S. Department of Health and Human Services (HHS) seeking information about communications and processes that HHS used to make the decision to change the caption on the Assistant Secretary for Health Admiral (Adm.) Rachel Levine’s portrait. Plaintiff alleges that “HHS recently altered the caption of the official portrait of former Assistant Secretary for Health Admiral (“Adm.”) Rachel Levine, who served in the Biden-Harris administration, to reflect her previous name, also referred to as a ‘dead name.’” Plaintiff also alleges that “Adm. Levine was the first transgender person to hold a Senate-confirmed position in the executive branch, and that HHS’s action to alter her legal name is part of the Trump administration’s broader actions to ‘curtail the rights of transgender and intersex people through many federal agencies.’” When HHS failed to respond to the FOIA requests, Plaintiff filed suit, seeking injunctive relief compelling Defendant to search for and produce responsive records.

Asbestos Disease Awareness Organization v. National Park Service (D.D.C.)

1:26-cv-00029

Complaint

2026-01-07Awaiting Court RulingTransparencyResponse to FOIA and Records Retention2026-01-07

On November 5, 2025, the Asbestos Disease Awareness Organization (ADAO) submitted Freedom of Information Act (FOIA) requests to nine federal agencies with possible involvement in the White House East Wing demolition. These FOIA requests sought copies of asbestos abatement permits issued for the Ease Wing demolition and other records related to the release and removal of asbestos during the demolition. On Jan. 7, 2026, after the agencies failed to respond to ADAO’s FOIA requests within the statutory time frame, ADAO sued the Trump administration for alleged FOIA violations. ADAO requests that the court order the Defendants to produce the requested records.

America First Legal Foundation v. U.S. Government Accountability Office (D.D.C.)

1:25-cv-00662

Complaint

2025-03-06Case Closed in Favor of PlaintiffTransparencyResponse to FOIA and Records Retention2026-01-09

On March 6, 2025, America First Legal Foundation filed suit against the Government Accountability Office (“GAO”), seeking to compel compliance with several FOIA requests. Plaintiff argued that GAO should be treated as an executive-branch agency subject to FOIA’s disclosure requirements, notwithstanding its traditional characterization as a legislative-branch entity that provides oversight and advice to Congress.

Jan. 9, 2026: In a memorandum opinion, the court granted the GAO’s motion to dismiss America First’s FOIA suit, finding that GAO is an agency in the legislative branch that falls outside of FOIA’s definition of “agency” and thus has no obligation to disclose records under the statute.

The Tracker was first published on Jan. 29, 2025 and is continually updated. Special thanks to Just Security Student Staff Editors who helped launched this resource: Anna Braverman, Isaac Buck, Rick Da, Charlotte Kahan, and Jeremy Venook, and to Matthew Fouracre and Nour Soubani.

The post Litigation Tracker: Legal Challenges to Trump Administration Actions appeared first on Just Security.

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Who Will Stand Up for Human Rights in 2026 – and How? https://www.justsecurity.org/128753/who-will-stand-for-human-rights-2025/?utm_source=rss&utm_medium=rss&utm_campaign=who-will-stand-for-human-rights-2025 Thu, 15 Jan 2026 14:05:10 +0000 https://www.justsecurity.org/?p=128753 The deterioration in human rights in 2025 heightens the risks for defenders going forward, all worsened by donors' deep funding cuts, especially those of the United States.

The post Who Will Stand Up for Human Rights in 2026 – and How? appeared first on Just Security.

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The year 2025 was difficult for human rights and human rights defenders.

Unceasing attacks came from governments, including the most powerful, as well as from the private sector and non-state groups, pushing agendas in opposition to human rights. Many of these assaults are amped up by technology, with the methods and means becoming ever cheaper and ever more accessible to the masses.

An annual analysis from the Dublin-based international rights group Frontline Defenders paints a devastating picture of killings, arbitrary detention, surveillance, and harassment. CIVICUS, an organization that measures civic space (defined as “the respect in policy, law and practice for freedoms of association, expression and peaceful assembly and the extent to which states protect these fundamental rights”), documented declines in 15 countries and improvements in only three. The location and nature of the drops were diverse, taking place from mature democracies such as the United States, Germany, France, and Switzerland, to authoritarian regimes such as Burundi and Oman, and including countries in crisis and conflict such as Sudan and Israel. Some types of human rights were uniquely politicized and singled out in 2025, including women’s rights and environmental rights. Freedom House recorded the 19th straight year of declines in global freedom.

All this is compounded by an unprecedented slash-and-burn to international aid budgets for organizations and individuals working on human rights worldwide. The Human Rights Funders Network of almost 450 institutions across 70 countries estimates that by 2026, human rights funding globally will experience a $1.9 billion reduction compared to levels in 2023.

Taken together, this makes the world more dangerous than ever for human rights defenders and they have fewer resources at their disposal to combat the threats.

In 2026 and moving forward, two crucial questions arise for the defense of human rights globally. First, who will do the work of fighting to protect and advance human rights in the year ahead, and second, how can those in the international community still fiercely committed to human rights support them? These questions will be shadowed by another trend: impunity. Yet, at the same time, lessons and a few positive developments from 2025 can guide human rights defenders on how to seize opportunities in the coming year, beginning even this month at the United Nations.

The Earthquakes of 2025

Eviscerating Democracy, Human Rights, and Governance Assistance

In the United States, 2025 began with the newly inaugurated Trump administration dismantling the U.S. Agency for International Development (USAID) and canceling approximately 85 percent of its programming (from a budget of more than $35 billion in the fiscal year ending in September 2024). The gutting eliminated hundreds of millions of dollars of support for those working to protect human rights and expand freedom and democracy around the world. The State Department’s grantmaking efforts were similarly cut, with more than half of its awards canceled, including programs directly supporting human rights defenders such as one initiative providing emergency financial assistance to civil society organizations and a fund to promote human rights and democracy and respond to related crises.

Most other major donor countries followed suit, though not with the same sweep or to nearly the same degree. Canada said it would reduce foreign aid by $2.7 billion over the next four years, the Dutch announced structural spending cuts of € 2.4 billion on development aid starting in 2027, and the European Union announced a €2 billion reduction in its main mechanism for development aid for 2025-2027. Multilateral funders were not immune to the trend: the United Nations, for one, will see major budget and staffing cuts for human rights in 2026.

The U.S. retreat from foreign assistance rapidly impacted all development sectors, from health, to education, to humanitarian assistance, but no sector was targeted with such enmity as that of democracy, human rights, and governance. Advocates and implementers saw not only the dire resource clawbacks discussed above, but also found themselves tarred by a steady diet of derisive commentary from the very policymakers doing the cutting.

Secretary of State Marco Rubio, who, once championed human rights and democracy “activists” as a U.S. Senator, even serving on the board of the democracy-promoting International Republican Institute before the administration eliminated the congressional funding that supported it. He once told a crowd at the Brookings Institution “[f]oreign aid is a very cost-effective way, not only to export our values and our example, but to advance our security and our economic interests.”

But as secretary of state, he abruptly reversed course, writing last April that the State Department unit overseeing civilian security, human rights, and democracy had “a bloated budget and unclear mandate,” and that its “Bureau of Democracy, Human Rights, and Labor had become a platform for left-wing activists to wage vendettas against `anti-woke’ leaders in nations such as Poland, Hungary.” Other members of the administration were similarly sharp-tongued about the sector, with now-former USAID Administrator Pete Marocco conflating the promotion of “civic society” with “regime change” in official court documents and President Donald Trump himself referring to USAID’s leadership as “radical lunatics.”

The rhetoric mirrors similar language used by authoritarians across the globe who have long been opposed to foreign assistance for democracy, human rights, and governance work, and it has real-world consequences for those advocating for human rights and freedom. Leaders of multiple countries have seized on the words of the Trump administration to launch spurious investigations of human rights defenders and other civil society activists who had received U.S. funding.

Closing Civic Space and New Technology

Closing civic space is not a new threat to human rights defenders, but it is one that has reached a fevered pitch in the last few years. This has included both an increase in traditional attacks and a greater reliance on new tactics for suppression, especially in the digital sphere.

Nearly 45 percent of all civic space violations CIVICUS recorded for its annual analysis were related to the freedom of expression. The organization documented more than 900 violations of the right to peaceful assembly and more than 800 violations of freedom of association. The most frequent examples were detentions of protesters and journalists, followed by the detention of human rights defenders outside the context of a protest or journalism, merely for doing their work.

Authoritarian regimes also have become ever more adept at utilizing the digital space for repression. Tactics such as doxing, censorship, smearing, and online harassment are important tools in an authoritarian approach. They have been supplemented in recent years by less evident tactics such as shadow-banning, which the CIVICUS analysis defined as when “a platform restricts content visibility without notifying the user,” allowing the platform to maintain an appearance that it is neutral.

Women rights defenders face additional risks online, including technology-facilitated gender-based violence: In a global survey by the Economist Intelligence Unit, 38 percent of women reported personal experience with violence online, from hacking and stalking to image-based sexual abuse.

Attacks in the digital space often are also connected with or fuel physical attacks, “including killings, enforced disappearances, arbitrary detention and harassment,” as Frontline Defenders reported in its analysis. Tunisia is paradigmatic. Amnesty International reported that, beginning in 2024, a “wave of arrests followed a large-scale online campaign…which saw homophobic and transphobic hate speech and discriminatory rhetoric against LGBTI activists and organizations spreading across hundreds of social media pages, including those espousing support for the Tunisian President Kais Said. Traditional media outlets also broadcast inflammatory messages by popular TV and radio hosts attacking LGBTI organizations, calling for their dissolution and for the arrests of LGBTI activists.” 

What to Expect for Human Rights in 2026 

The absence of meaningful and unified international pushback to human rights abuses by some of the world’s most powerful nations means the rights-based international system will continue to face unprecedented attacks, and the challenges that rights defenders face in the year ahead are likely to increase in number and intensity. Authoritarians worldwide have monitored the assault against human rights in the past year — from genocide in Gaza to the crackdowns on protesters in Tanzania to restrictions on freedom of association and expression in El Salvador and so many more instances — and they have learned that they are unlikely to be held accountable internationally in the near term.

Yet despite these challenges, a few developments in 2025 offer some reasons for optimism in the year ahead. Several large-scale, youth-led movements in 2025 held their governments accountable for rights violations, from the July Revolution in Bangladesh that ousted an abusive prime minister to the Gen Z protests in Kenya over economic conditions and government corruption, a protest moniker that spread to other countries as well.

Some governments passed rights-protecting laws, from Thailand’s legalization of same-sex marriage to Colombia’s laws preventing child marriage. Courts stood up for human rights and held perpetrators to account, from the International Criminal Court’s conviction of Sudan’s Ali Muhammad Ali Abd-Al-Rahman for war crimes and crimes against humanity to the U.S. conviction of The Gambia’s Michael Saang Correa for torture, to the symbolic judgment of the People’s Tribunal for Women of Afghanistan. These trends are likely to continue in 2026, despite the challenges, because courageous human rights defenders are using every avenue to fight for rights.

This year will also bring targeted opportunities to continue the fight for human rights. A preparatory committee for a proposed international crimes against humanity treaty begins work this month at the United Nations. Also at the U.N., this year’s Universal Periodic Reviews, a regular peer review of countries’ human rights records, will focus on some of the world’s worst rights offenders — including Sudan, Eswatini, and Rwanda — as well as countries with highly mixed records. These reviews provide an opportunity for the world to examine, publicly and critically, the rights records of all 193 countries and for victims and activists to share their stories and insights. While the United States has not submitted its self-evaluation due late last year, the process continued with the usual submissions from the U.N. and others.

Creative activists also are likely to use prominent events, such as the 2026 Olympic Games, to push for the expansion and recognition of human rights. They can take the opportunity of the United States’ 250th anniversary celebrations to highlight and internationalize the country’s founding principles of life, liberty, and the pursuit of happiness, as well as the requirement that all governments “[derive] their just powers from the consent of the governed.”

Who Will Lead the Fight for Human Rights in 2026? 

As many governments pull back and even attack human rights, the work of human rights defenders and organizations will become more critical than ever. Some of them have been leading the fight for decades, including leading international NGOs, national organizations, networks, and prominent individual leaders. Others have done critical human rights work but haven’t labeled themselves as rights defenders, such as organizations providing access to clean water, supporting girls’ education, or working to prevent violent conflict.

Many work at the community level, alongside neighbors and friends, with human rights defenders networks around the world, from the Mozambique Human Rights Defenders Network to Somos Defensores in Colombia. Some are in exile, fighting for rights in their home countries and for refugee and diaspora communities, like the brave Afghan women who organized a landmark People’s Tribunal in 2025 to expose rights violations against women. Others are professionals whose skills directly relate to human rights — lawyers, judges, journalists, and more. They include people like the brave journalists who continue to report on the context in Gaza, despite the incredible risks, and the Burmese lawyers who continue to document rights violations. Some are individual activists, using their platforms and skills to protect rights and call attention to attacks against them, like Iranian Nobel laureate Narges Mohammadi who was recently detained alongside other rights defenders while attending a memorial service for a human rights lawyer. Some are informal coalitions, student and youth groups, or protest participants — social movements have been and will be an essential component of the fight for human rights. All of these actors play a critical role in the human rights ecosystem. All of them are human rights defenders.

Aid funding cuts have devastated civil society organizations and will continue to impact human rights advocates. A survey by the International Foundation for Electoral Systems and International IDEA of 125 civil society organizations based in 42 countries found that 84 percent of respondents had lost funding due to U.S. and other countries’ aid cuts, with the same number expecting further cuts in 2026. UN Women reported that more than one in three women’s rights and civil society organizations have suspended or shut down programs to end violence against women and girls and more than 40 percent have scaled back or closed life-saving services. The philanthropic organization Humanity United found that 44 percent of peacebuilding organizations that it surveyed would run out of funds by the end of 2025.

These cuts will only be amplified as time goes on, as fewer young people can become human rights professionals while managing to put food on the table, as legal cases that take years to process aren’t filed for lack of funding, as human rights abuses aren’t documented, as the attacks from authoritarian regimes go unchecked. Shrinking development budgets will no longer provide similar levels of support to courts and anti-corruption bodies that human rights defenders have traditionally approached to pursue justice or for support hotlines where ordinary people can call in anonymously to report abuses at the hands of security forces. Such foreign assistance enabled vital avenues of accountability, but also signified solidarity, that at least some political decisionmakers both at home and abroad believed in human rights and supported those working to deepen and protect them.

But despite the myriad challenges, there will be human rights defenders who continue to fight the fight. For many, changes in funding or the withdrawal of political top-cover won’t stop them from finding avenues. One need only look at Iran’s protests today, where thousands of people are exercising and demanding their human rights amidst a brutal crackdown, internet blackout, and without international funding. Rights defenders have been doing a lot with a little for many years. Some — especially women, youth, Indigenous people, and disabled defenders — have often been excluded from human rights funding and support in the past. A new generation has seen the horrors of Gaza, El-Fasher, eastern Ukraine, or even around the corner from their home, in the news and online, and they have committed themselves to social justice and the prevention of atrocities.

Human rights has always been a universal endeavor which has required diverse supporters, advocates, and allies – this is true now more than ever.

How Can the International Community Support? 

Even those governments and institutions that continue to lead in supporting human rights internationally will need to do more with less, as the above-outlined cuts exemplify, to support those on the front lines. This is the chance to shift “localization” – the practice of funding local civil society organizations directly and based on their priorities, rather than via large overhead-requiring NGOs funded by donor countries — from an ideal to a necessary strategy. A grant of $20,000 may not keep a major international organization online, but it can fund a community-based service provider. Donors can integrate a rights-based approach across portfolios instead of siloing the issue, integrating human rights goals and strategies into other foreign policy initiatives. For example, companies can integrate human rights efforts and measurements into their supply chains for products from batteries to chocolate, producing products they would already produce but in a way that advances human rights as well. Military operations can add human rights and gender considerations with little cost but potentially huge impact. This requires training, tools, and high-level political will to succeed. And they can continue to advocate for rights and use diplomatic pressure and support as key tools.

The elephant in the room is the United States. The Trump administration not only is backtracking on the traditional U.S. commitment and values of democracy and human rights internally and internationally but also has sought to hamper others in funding such initiatives. But there are still important steps that can be taken to protect human rights. Congress must do its job and provide oversight, holding the administration accountable to the laws that protect this important work. Members should speak out against injustices and rights violations, at home and abroad. Rep. Chris Smith (R-NJ), for example, has played a key role in the Tom Lantos Human Rights Commission, calling out rights abuses in places like Turkey, and Rep. Tim Kennedy (D-NY) led a congressional letter to the Department of Homeland Security urging the Trump administration to overturn its decision to terminate Temporary Protective Status for Burmese people.  State governments have always played a key role in advancing rights, and this will become more critical than ever.

Foreign governments that have engaged on human rights issues but haven’t been the largest international donors or advocates will be particularly important. Some of them are stepping up already. Examples include Japan playing a leading role in advancing women’s issues, South Africa and Gambia taking cases to the International Court of Justice accusing Israel and Myanmar, respectively, of violating the Genocide Convention, and Ireland continuing its steadfast allyship with human rights defenders.

Now is the time for committed countries around the world to continue to demonstrate the global nature of this agenda, set out more than 75 years ago in the Universal Declaration of Human Rights and reinvigorated by 18 international human rights treaties.

Philanthropy and the international private sector will be more essential than ever in 2026.  Foundations cannot offset the huge funding gaps left by governments and multilateral donors — total U.S. philanthropic giving is about $6 billion per year, whereas U.S. overseas development assistance alone in 2023 accounted for $223 billion — but they can provide strategic investments that help protect rights and those defending them, amplify their voices, fund innovative new approaches, and help the ecosystem survive. Philanthropies around the world provided nearly $5 billion in human rights support globally in 2020 alone, and their funding is critical for many organizations.

Companies have their own role to play, one that includes but goes well beyond corporate social responsibility, from responsible tech and AI to eliminating forced labor from supply chains to hiring diverse employees. The private sector has a unique opportunity to ensure that human rights remain on the global agenda, because there is a strong business case in favor of human rights protections and alliances with those who truly understand the needs and wants of local populations. A great example is the effort by numerous auto and electronics companies to move away from cobalt batteries, both a recognition of the horrible rights violations facing individuals and communities around cobalt mines in the Democratic Republic of Congo and a recognition that this move is also better for business due to supply chain volatility.

Defending against challenges to human rights, democracy, and good governance in 2026 and beyond will require creativity and broad coalition-building across sectors that too often are siloed, such as health, peacebuilding, humanitarian assistance, and the field of democracy, human rights, and governance. Everyone who does not traditionally think of themselves as a human rights defender, from government officials to the private sector, will need to step up to support those on the frontlines of the fight to defend human rights.

The post Who Will Stand Up for Human Rights in 2026 – and How? appeared first on Just Security.

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Just Security’s Russia–Ukraine War Archive https://www.justsecurity.org/82513/just-securitys-russia-ukraine-war-archive/?utm_source=rss&utm_medium=rss&utm_campaign=just-securitys-russia-ukraine-war-archive Wed, 14 Jan 2026 12:55:22 +0000 https://www.justsecurity.org/?p=82513 A catalog of over 100 articles (many with Ukrainian translations) on the Russia Ukraine War -- law, diplomacy, policy options, and more.

The post Just Security’s Russia–Ukraine War Archive appeared first on Just Security.

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Since late 2021, Just Security has published more than 300 articles analyzing the diplomatic, political, legal, economic, humanitarian, and other issues and consequences of Russia’s war on Ukraine, including many in Ukrainian translation.

The catalog below organizes our collection of articles primarily about the war into general categories to facilitate access to relevant topics for policymakers, researchers, journalists, scholars, and the public at large. The archive will be updated as new pieces are published.

We welcome readers to use this catalog to follow the unfolding situation and generate new lines of analysis. To search headlines and authors, expand one or all of the topics, as needed, and use CTRL-F on your keyboard to open the search tool. The archive also is available in reverse chronological order at the Russia-Ukraine War articles page.

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Diplomacy

Trump’s New Year Foreign Policy: The Risk that the Bold and the Bad Outweigh the Constructive
by Ambassador Daniel Fried (January 8, 2026)

A NATO Promise Not to Enlarge? No, Not Even According to Putin 1.0
by Ambassador Steven Pifer (January 7, 2026)

Ukraine’s Zelenskyy Has Options in Response to Latest U.S.-Russian ‘Peace Plan’
by Ambassador Daniel Fried (November 21, 2025)

​​Ukraine’s Ironclad Security Is Inseparable from Peace
by Ambassador Thomas Graham Jr. (November 14, 2025)

Roosevelt’s Weak Hand and Trump’s Strong One in Eastern and Central Europe: Will Trump Play His Good Cards?
by Ambassador Daniel Fried (October 22, 2025)

The Fantasy of a European Reassurance Force for Ukraine
by Michael Carpenter (August 28, 2025)

A Security Guarantee for Ukraine? Look to the Taiwan Relations Act
by Philip Gordon (August 25, 2025)

Trump, Zelenskyy, European Leaders in White House Meeting: Progress Toward a Deal?
by Ambassador Daniel Fried (August 19, 2025)

In Trump’s Planned Meeting With Putin, Beware of Traps, Play the Right Cards
by Ambassador Daniel Fried (August 13, 2025)

The Just Security Podcast: A Ukrainian MP Takes Stock of the NATO Summit and the Prospects for Peace
Viola Gienger interview with Ukrainian MP Oleksiy Goncharenko and Lauren Van Metre (June 27, 2025)

Can Trump Seize a Win in Ukraine?
by Ambassador Daniel Fried (June 5, 2025)

The Just Security Podcast: Peace Diplomacy and the Russo-Ukraine War
by Brianna Rosen and Janina Dill interview with Sir Lawrence Freedman as part of the University of Oxford's Calleva-Airey Neave Global Security Seminar Series (May 14, 2025)

The U.S.-Ukraine Agreement: Legality and Transparency
by Curtis A. Bradley, Jack Goldsmith and Oona A. Hathaway (May 6, 2025)

How to Land the Emerging Deal on Peace for Ukraine
by Ambassador Daniel Fried (April 30, 2025)

Negotiations at Gunpoint: Does U.S. Pressure on Ukraine for a Minerals Deal Amount to Unlawfully Procuring a Treaty by Use of Force?
by Jeremy Pizzi and Maksym Vishchyk (April 17, 2025)

Intelligence Sharing Is a True Measure of U.S. Strategic Realignment with Russia
by Brian O'Neill (March 26, 2025)

Putin and Trump Cannot Erase Ukraine, and Joint Efforts to Do So May Backfire
by Maria Popova and Oxana Shevel (March 14, 2025)

What Just Happened: Security and Foreign Policy Implications of Pausing Intelligence Sharing with Ukraine
by Brett Holmgren (March 6, 2025)

Trump’s Russia Reset Is Real — Here’s How Europe Should Respond
by James Batchik and Doug Klain (March 5, 2025)

Trump Administration’s Mixed Signals on Russia and Ukraine May Reflect Internal Strategic Clash
by Ambassador Daniel Fried (February 24, 2025)

Trump’s Endgame for the War in Ukraine
by Michael J. Kelly and Craig Martin (@craigxmartin) (Updated February 14, 2025)

To ‘End’ War in Ukraine, Trump Might Be Tougher on Putin Than Critics Think
by Viola Gienger (@violagienger) (November 21, 2024)

Biden’s Final Efforts on Ukraine – and Trump’s First Moves
by Ambassador Daniel Fried (@AmbDanFried) (November 19, 2024)

The Just Security Podcast: NATO’s Washington Summit: Russia’s War on Ukraine Tests Alliance
by Ambassador Daniel Fried (@AmbDanFried), Viola Gienger (@violagienger) and Paras Shah (@pshah518) (July 12, 2024)

At the NATO Summit, Strategy and Politics in Play
by Ambassador Daniel Fried (@AmbDanFried) (July 9, 2024)

No, Trump Was Not Good for US Alliances. And Without Changes, Trump 2.0 Will Be Worse.
by Lisa Homel (@LisaHomel) and Ambassador Daniel Fried (@AmbDanFried) (May 3, 2024)

A Simple US Step Can Help Protect Another Imprisoned Democracy Activist in Russia
by Natalia Arno (@Natalia_Budaeva) and Michael Breen (@M_Breen) (April 1, 2024)

The ‘Murky’ Morality of Opposition to US Support for Ukraine: A Response
by Mariana Budjeryn (@mbudjeryn) (October 10, 2023)

At the NATO Summit, Do the Right Thing for Ukraine’s — and Democracy’s — Future
by Ambassador Daniel Fried (@AmbDanFried) (July 7, 2023)
Ukrainian translation: На саміті НАТО, робіть правильні речі для майбутнього України та демократії

Expert Q&A on What International Law Has to Say About Assistance to Russia’s War Against Ukraine
by Catherine Amirfar (May 2, 2023)

Western “Self-Deterrence” is Aiding Putin’s War of Aggression
By Erlingur Erlingsson (@rlingure) and Fridrik Jonsson (@FridrikJonsson) (March 15, 2023)
Ukrainian translation: Західне “самостримування” допомагає агресивній війні Путіна

To Secure Peace in Europe, Bring Ukraine into NATO
by Ambassador Daniel Fried (@AmbDanFried) (March 13, 2023)

Q&A: A Ukrainian MP on National Unity and the Drive for the World’s Support
by Ukrainian MP Kira Rudik (@kiraincongress) and Viola Gienger (@violagienger) (February 22, 2023)

In War, Ukraine’s Parliament Asserts Its Democratic Role
by Ukrainian MP Oleksiy Goncharenko (@GoncharenkoUa) (February 22, 2023)

The United Nations in Hindsight: The Security Council, One Year After Russia’s Invasion of Ukraine
by Rodrigo Saad (January 31, 2023)

Historic UNGA Resolution Calls for Ukraine Reparations
by Chiara Giorgetti (@ChiaraLawProf), Markiyan Kliuchkovsky (@kliuch), Patrick Pearsall (@Pwpearsall) and Jeremy K. Sharpe (@JKSharpe1648) (November 16, 2022)
Ukrainian translation: Історична резолюція Генеральної Асамблеї ООН закликає до виплати репарацій Україні

Ukraine’s Anti-Corruption Fight Can Overcome US Skeptics
by Joshua Rudolph (@JoshRudes) and Norman L. Eisen (@NormEisen) (November 10, 2022) 

UN Efforts on Ukraine, However Imperfect, Highlight Importance of International Cooperation
by Suzanne Nossel (@SuzanneNossel) (November 3, 2022)

Poland’s Judicial Reform Falls Short of EU Expectations, Complicating Cooperation Against Russia
by Kristie Bluett, Jasmine Cameron and Scott Cullinane (@ScottPCullinane) (October 3, 2022)

How Congress Should Designate Russia a State Sponsor of Terrorism
by Ingrid (Wuerth) Brunk (@WuerthIngrid) (September 27, 2022)

Mexico’s Initiative for Dialogue and Peace in Ukraine
by Ambassador H.E. Huan Ramón de la Fuente and Pablo Arrocha Olabuenaga (September 23, 2022)

Richard Gowan on Ukraine and How Russia’s War Reverberates at the United Nations
by Richard Gowan (September 20, 2022)
Ukrainian translation: Річард Гоуен про Україну та те, як російська війна дається взнаки в ООН

The UN’s Summit of the Future: Advancing Multilateralism in an Age of Hypercompetitive Geopolitics
by Richard Ponzio and Joris Larik (@JorisLarik) (September 16, 2022)

On Ukraine, Beware the Pitfalls of Interim Peacemaking Deals
by Valery Perry (July 18, 2022)
Ukrainian translation: Щодо України: остерігайтеся пасток тимчасових миротворчих угод

Russia Should Not be Designated a State Sponsor of Terrorism
by Ingrid Wuerth (@WuerthIngrid) (July 11, 2022)

Heed the Lessons From 2011 Libya to Prevail in Ukraine Today
by Ambassador (ret.) Gordon Gray (@AmbGordonGray) (June 28, 2022)

An Offer NATO Cannot (and Should Not) Refuse: Finland’s Membership
by Laleh Ispahani (@lispahani) (May 12, 2022)

Remarks at UN Security Council Arria-Formula Meeting on Ensuring Accountability for Atrocities Committed by Russia in Ukraine
by Amal Clooney (April 28, 2022)

The United Nations in Hindsight: Challenging the Power of the Security Council Veto
by Shamala Kandiah Thompson (@skandiah), Karin Landgren (@LandgrenKarin) and Paul Romita (@PaulRomita) (April 28, 2022)
Ukrainian translation: Організація Об’єднаних Націй в ретроспективі: виклики для права вето в Раді Безпеки ООН

How the War in Ukraine Illustrates the Weakness of US Policy Toward Africa
by Aude Darnal (@audedarnal) (April 18, 2022)

In Ukraine, There Are No Quick Fixes
by John Erath (April 8, 2022)
Ukrainian translation: В Україні немає швидких вирішень проблем 

Does the ‘Responsibility to Protect’ Require States to go to War with Russia?
by Rebecca Barber (@becjbarber) (March 25, 2022)

Why Pushing Russia Out of Multilateral Institutions is Not a Solution to the War
by Fionnuala Ní Aoláin (March 22, 2022)

United Nations Response Options to Russia’s Aggression: Opportunities and Rabbit Holes
by Larry D. Johnson (March 1, 2022)
Ukrainian translation: Варіанти реагування ООН на російську агресію: можливості та “підводні камені”

Ukraine: Unleashing the Rhetorical Dogs of War
by Barry Posen (February 15, 2022)

In 11th-Hour Diplomacy, US and Europe Try to Stop Putin From Escalating War on Ukraine
by Ambassador Daniel Fried (@AmbDanFried) (February 13, 2022)

As Putin Lines Ukraine Border with Russian Troops, Is There a China Factor?
by Ambassador Thomas Graham Jr. (@tgrahamjr) (January 24, 2022)

Sanctions and Economic Consequences

The Imperative to Weaken the Kremlin’s War Economy: What the West Can Do
by Michael Carpenter and Martin Vladimirov (September 30, 2025)

In Potential Russia Sanctions Removal, Diamonds Illustrate the Complexities
by Brad Brooks-Rubin (April 10, 2025)

This Is No Time for Business as Usual in Russia
by Albert Torres and David J. Kramer (April 1, 2025)

Lifting Russia Sanctions – What Can a President Do Unilaterally?
by Taisa Markus (October 16, 2024)

Sanctions Against Russia: The Coalition Can Do Better – for Ukraine and Global Order
by Anna Tkachova (April 23, 2024)

Baby on Board! How Kleptocrats and Associates Use Family Members to Evade Sanctions
by Michelle Kendler-Kretsch (@MichelleKretsch) and Anrike Visser (@AnrikeVisser) (September 19, 2023)

Expert Q&A on Asset Seizure in Russia’s War in Ukraine
by Chimène Keitner (@KeitnerLaw) (April 3, 2023) 

Why the European Commission’s Proposal for Russian State Asset Seizure Should be Abandoned
by Eleanor Runde (March 23, 2023)

Politics, Not Law, Is Key to Confiscating Russian Central Bank Assets
by Anton Moiseienko (@antonm_law) (August 17, 2022)

Climate Security, Energy Security, and the Russia-Ukraine War
by Mark Nevitt (@marknevitt) (May 11, 2022)

Why Proposals for U.S. to Liquidate and Use Russian Central Bank Assets Are Legally Unavailable
by Andrew Boyle (@J_Andrew_Boyle) (April 18, 2022)

How Strengthening the Corporate Transparency Act Can Help the IRS Follow the Money
by Sophia Yan (April 12, 2022)

The Russia Sanctions–How They Work and What Congress Needs to Know
by Benjamin I. Waldman (@bxnwaldman) and Elizabeth Goitein (@LizaGoitein) (March 31, 2022)

New Export Controls Distinguish Between Exports to Russia and Deemed Exports to Russian Nationals
by Christine Abely (@CEAbely) (March 9, 2022)

Diplomatic - Political Accountability
Putin and Russia’s Political Dynamics

The Undesirable Journey of Vladimir Kara-Murza: Challenging Russia’s Repression
by Natalia Arno (@Natalia_Budaeva) (July 10, 2024)

The Just Security Podcast: A Russian Legal Scholar in Exile on the Future of Resistance to Putin
Paras Shah (@pshah518) and Viola Gienger (@violagienger) interview with Gleb Bogush (@gleb_bogush) (March 29, 2024)

Putin’s Staged Election Belies Resistance — Russian Court Data Tells the Real Story
by Roman Badanin (@RBadanin) (March 15, 2024)

Russian Opposition Searches for Shreds of Hope After Navalny’s Death
by Ekaterina Kotrikadze (@katyakotrikadze) (February 23, 2024)

Navalny’s Death and the Kremlin
by Ambassador Daniel Fried (@AmbDanFried) (February 16, 2024)

How Does Putin’s Response to Prigozhin’s Mutiny Change the Threat from Russia?
by Douglas London (@douglaslondon5) (July 5, 2023)

Wagner Chief’s Mutiny in Russia: Cautionary Notes on Early Assessments
by Viola Gienger (@violagienger) (June 26, 2023)

Russia’s Assault on Ukraine Exposes US, Allied Gaps in Preparing for Great-Power War
by Ambassador (ret) John E. Herbst (@JohnEdHerbst) and Jennifer Cafarella (@JennyCafarella) (November 30, 2022)

Putin’s War Against Ukraine and the Risks of Rushing to Negotiations
by Ambassador Daniel Fried (@AmbDanFried) (November 9, 2022)
Ukrainian translation: Війна Путіна проти України та ризики поспішного ведення переговорів

Putin Eyes Italy’s Political Crisis for Potential Benefits in Peeling Away Support for Ukraine
by Dario Cristiani (@med_eye) (July 19, 2022)
Ukrainian translation: Путін розглядає політичну кризу в Італії з точки зору потенційної вигоди для послаблення підтримки України

Putin’s Next Play in Ukraine–And How the US and Allies Can Prepare
by Ambassador Daniel Fried (@AmbDanFried) (April 15, 2022)
Ukrainian translation: Наступний акт Путіна в Україні – і як США та союзники можуть підготуватися

Putin’s Real Fear: Ukraine’s Constitutional Order
by Philip Bobbitt and Viola Gienger (@ViolaGienger) (March 24, 2022)
Ukrainian translation: Справжній страх Путіна: Конституційний лад України

A Simulated President’s Daily Brief on Putin and Ukraine
by Brianna Rosen (@rosen_br) (March 2, 2022)
Ukrainian translation: Змодельований щоденний звіт президента про Путіна та Україну

Putin’s Coercion on NATO Goes Beyond Its Open Door Policy
by Steven Keil (@stevenckeil) (January 28, 2022)

Influencing Putin’s Calculus: The Information War and the Russian Public
by Viola Gienger (@ViolaGienger) (March 3, 2022)
Ukrainian translation: Вплив на плани Путіна: інформаційна війна та російський народ

Russia’s Invasion of Ukraine Is Essentially Not About NATO
by Maria Popova (@PopovaProf) and Oxana Shevel (@OxanaShevel) (February 24, 2022)

Retired Russian Generals Criticize Putin Over Ukraine, Renew Call for His Resignation
by Anders Åslund (@Anders_Aslund) (February 9, 2022)

Military Aid and Humanitarian Aid and Operations

The Just Security Podcast: Ukraine’s Resistance to Russia’s Invasion — The Other Mobilization
Viola Gienger interview with Lauren Van Metre and Ella Lamakh (August 4, 2025)

Trump’s Ukraine Deal Requires Foreign Aid
by Josh Rudolph (@JoshRudes) (February 11, 2025)

Will US Public Support for Ukraine Aid Survive the Presidential Campaign?
by Robert Miron and Peter Feaver (September 25, 2024)

Ukraine Shows that Military Aid Transparency is Possible
by Elias Yousif (August 18, 2023)

Why President Biden Should Not Transfer Prohibited Cluster Bombs to Ukraine
by Daryl G. Kimball (@DarylGKimball) (July 3, 2023)

Are Methods of Naval Warfare at Risk Under “Qualified” Neutrality? Expert Q&A from Stockton Center’s Russia-Ukraine Conference
by W. Casey Biggerstaff (@biggerstaff_wc) (March 10, 2023)

Can Aid or Assistance Be a Use of Force?: Expert Q&A from Stockton Center’s Russia-Ukraine Conference
by W. Casey Biggerstaff (@biggerstaff_wc) (March 2, 2023)

Voices from the Frontlines of Democracy in Ukraine: Supporting and Protecting Civil Society
by Lauren Van Metre (@resilienceworks) (February 24, 2023)

On Ukraine, Europeans Are Doing More Than Many Seem to Think
by Thomas Kleine-Brockhoff (@KleineBrockhoff) and James H. Sallembien (@JHSallembien) (February 3, 2023)

The “Leahy Laws” and U.S. Assistance to Ukraine
by Sarah Harrison (May 9, 2022)

Articulating Arms Control Law in the EU’s Lethal Military Assistance to Ukraine
by Tomas Hamilton (@tomhamilton) (March 30, 2022)
Italian Translation: La Legge sul Controllo delle Armi nell’Ambito dell’Assistenza Militare da Parte dell’Unione Europea all’Ucraina

Neutrality in Humanitarian Actions Means Talking to All Parties to a Conflict
by Hajer Naili (@h_naili) (March 28, 2022)

U.S. Under Secretary of State Nuland on Accelerating Aid to Ukraine and Sanctions Against Russia
by Viola Gienger (@ViolaGienger) (March 9, 2022)

Humanitarian Corridors in Ukraine: Impasse, Ploy or Narrow Passage of Hope?
by David Matyas (@DavidgMatyas) (March 8, 2022)
Ukrainian translation: Гуманітарні коридори в Україні: глухий кут, підступна витівка чи вузький промінь надії?

Disinformation
Cyber Operations
Reconstruction, Reparations, Transitional Justice

Balancing the Scales: Survivors’ Needs and Rights and Criminal Accountability in Ukraine
by Hoar Habrelian and Julia Tétrault-Provencher (October 2, 2025)

Making Russia Pay: Obtaining Compensation for Russia’s Invasion of Ukraine in American Courts
by Robert Shaw and Svitlana Starosvit (May 15, 2025)

Making Russia Pay to Strengthen Ukraine
by Svitlana Starosvit (July 30, 2024)

Looking Ahead from Lviv: Sustainable Development in a Post-Conflict Ukraine
by Lucina A. Low (June 21, 2024)

Women Are at the Center of Ukraine’s Path to Justice and Recovery
by Kateryna Busol (@KaterynaBusol) and Fionnuala Ní Aoláin (@NiAolainF) (May 17, 2024)

The Register of Damages for Ukraine Opens for Claims Submissions
by Chiara Giorgetti (@ChiaraLawProf) (May 16, 2024)

Planning for Ukrainian Reintegration
by Ronald A. Brand (April 3, 2024)

Past Time to Liquidate Russian Assets
by Harold Hongju Koh (@haroldhongjukoh) (March 5, 2024)

Transferring Russian Assets to Compensate Ukraine: Some Reflections on Countermeasures
by Federica Paddeu (@federica_paddeu) (March 1, 2024)

Canada’s Special Economic Measures Act Under International Law
by Preston Lim (@PrestonJordanL1) (February 27, 2024)

Reparations for Ukraine: Three Proposals from Europe
by Philippa Webb (February 26, 2024)

Sovereign Immunity and Reparations in Ukraine
by Chimène Keitner (February 21, 2024)

Sovereign Immunity and Reparations in Ukraine
by Chimène Keitner (February 21, 2024)

Decisions Without Enforcement: Ukrainian Judiciary and Compensation for War Damages
by Ivan Horodyskyy (February 21, 2024)

How to Make Russia Pay to Rebuild Ukraine
by Maggie Mills, Thomas Poston (@thomas_poston) and Oona A. Hathaway (@oonahathaway) (February 20, 2024)

Introducing Just Security’s Series on Reparations in Russia’s War Against Ukraine
by Megan Corrarino (@megancorrarino) (February 20, 2024)

Extend US Leadership on Ukraine to Post-War Reconstruction Too
by Joshua Rudolph (@JoshRudes), Norman L. Eisen (@NormEisen) and Thomas Kleine-Brockhoff (@KleineBrockhoff) (December 22, 2022)

Historic UNGA Resolution Calls for Ukraine Reparations
by Chiara Giorgetti (@ChiaraLawProf), Markiyan Kliuchkovsky (@kliuch), Patrick Pearsall (@Pwpearsall) and Jeremy K. Sharpe (@JKSharpe1648) (November 16, 2022)
Ukrainian translation: Історична резолюція Генеральної Асамблеї ООН закликає до виплати репарацій Україні

The Risks and Rewards of Planning for Ukraine’s Recovery Amid Ongoing War
by Ray Salvatore Jennings (@raysjennings) (September 29, 2022)

Transitional Justice in Ukraine: Guidance to Policymakers
by Kateryna Busol (@KaterynaBusol) and Rebecca Hamilton (@bechamilton) (June 2, 2022)
Ukrainian translation: Перехідне правосуддя в Україні: рекомендації для полісімейкерів

Mariupol and the Origins and Avenues of Ukraine’s Transitional Justice Process
by Kateryna Busol (@KaterynaBusol) (June 1, 2022)
Ukrainian translation: Маріуполь і зародження та перспективи перехідного правосуддя в Україні

Launching an International Claims Commission for Ukraine
by Chiara Giorgetti (@ChiaraLawProf), Markiyan Kliuchkovsky (@kliuch) and Patrick Pearsall (@Pwpearsall) (May 20, 2022)
Ukrainian translation: Створення міжнародної спеціальної комісії для України

War’s Aftermath in Ukraine: Preparing Now for the Day After
by Ray Salvatore Jennings (@raysjennings) (May 5, 2022)
Ukrainian translation: Наслідки війни в Україні: готуємося зараз до прийдешнього дня

War Reparations for Ukraine: Key Issues
by Laurie Blank (May 2, 2022)

Focus on Accountability Risks Overshadowing Ukraine’s Reconstruction Needs
by Rebecca Hamilton (@bechamilton) (April 21, 2022)

Reflections on War and International Law

80 Years After Nuremberg, Envisioning the Future of International Law
by Jeremy Pizzi and Maksym Vishchyk (January 12, 2026)

Ukrainian and International Legal Scholars Reflect on Ukraine, Three Years On
by Just Security (March 1, 2025)

The Voices from Kyiv: Is the World Legal Order in Decay?
by Maksym Vishchyk and Jeremy Pizzi (February 26, 2025)
Ukrainian translation: Голоси з Києва: чи це епоха руйнування світового правопорядку?

The Resilience of International Law in the Face of Empire
by Eyal Benvenisti (@EBenvenisti) (February 17, 2025)

As Ukraine Struggles for Troops, Its Constitutional Court Considers the Rights of Conscientious Objectors
by Andrii Nekoliak (@ANekoliak) (November 12, 2024)

The Just Security Podcast: International Law in the Face of Russia’s Aggression in Ukraine: The View from Lviv
Paras Shah (@pshah518) interview with Kateryna Busol (@KaterynaBusol), Rebecca Hamilton (@bechamilton), Olga Butkevych, and Gregory Shaffer (@gregorycshaffer) (March 15, 2024)

Where is the International Law We Believed in Ukraine?
by Harold Hongju Koh (@haroldhongjukoh) (March 14, 2024)

International Law in the Face of Russia’s Aggression in Ukraine: The View from Lviv
by Olga Butkevych, Rebecca Hamilton (@bechamilton) and Gregory Shaffer (@gregorycshaffer) (February 22, 2024)
Ukrainian translation: Міжнародне право в умовах російської агресії в Україні: Погляд зі Львова

Success or Failure in Ukraine?
by Ambassador Thomas Graham Jr. (@tgrahamjr) and David Bernell (January 12, 2024)

Compromises on Territory, Legal Order, and World Peace: The Fate of International Law Lies on Ukraine’s Borders
by Maksym Vishchyk (@Maks_Vishchyk) and Jeremy Pizzi (October 6, 2023)
Ukrainian translation:  Поступки щодо територій, правопорядку та світового миру: доля міжнародного права спочиває на кордонах України

Lessons From a Year of War in Ukraine
by John Erath (March 1, 2023)

One Year On: If Ukraine Falls, the Global Consequences Will Haunt the World for Generations
by Mark Malloch-Brown (@malloch_brown) (February 24, 2023)

The Law of Treaties in Wartime: The Case of the Black Sea Grain Initiative
by Gregor Novak (@GregorNovak) and Helmut Aust (@AustHelmut) (November 10, 2022)
Ukrainian translation: Право міжнародних договорів у воєнний час: приклад Чорноморської зернової ініціативи

Stop Saying “Annexed Territories”: Alternatives to the Bully’s Term
by Jens Iverson (@JensIverson) (October 5, 2022)
Ukrainian translation: Припиніть говорити «анексовані території»: альтернативи терміну агресора

Q&A on Russia-Backed Referendums in Eastern Ukraine and International Law
by Eliav Lieblich (@eliavl) and Just Security (September 24, 2022)

Bargaining About War in the Shadow of International Law
by Eyal Benvenisti (@EBenvenisti) and Amichai Cohen (March 28, 2022)
Ukrainian translation: Переговори щодо війни в тіні міжнародного права

Insight from Ukraine: Revitalizing Belief in International Law
by Maksym Vishchyk (March 18, 2022)
Ukrainian translation: Погляд з України: відроджуючи віру в міжнародне право

Putin Can’t Destroy the International Order by Himself
by Oona Hathaway (@oonahathaway) and Scott Shapiro (@scottjshapiro) (February 24, 2022)

War Powers, Neutrality, Cobelligerancy, and State Responsibility
The Crime of Aggression

Memorandum for Prosecution of the Crime of Aggression Committed Against Ukraine
by James A. Goldston and Esti Tambay (October 27, 2025)

International Law at the Precipice: Holding Leaders Accountable for the Crime of Aggression in Russia’s War Against Ukraine
by Mark Ellis (April 25, 2025)

Rights of National Minorities in Armed Conflict: A Ukrainian Perspective
by Olga Butkevych (August 29, 2024)

A Reply to Chris O’Meara: Necessity and Proportionality in International Law on the Use of Force
by Dor Hai (August 27, 2024)

Ukraine’s Incursion into Kursk Oblast: A Lawful Case of Defensive Invasion?
by Chris O’Meara (@ChrisOmeara_) (August 23, 2024)

International Enough? A Council of Europe Special Tribunal for the Crime of Aggression
by Gaiane Nuridzhanian (June 3, 2024)

Amid Russia’s Aggression Towards Ukraine, Can Religious Freedom Endure?
by Yuliia Fysun (May 10, 2024)

Symposium: International Law in Ukraine — The View from Lviv
by Just Security (April 5, 2024)

Prosecuting the Crime of Aggression in Ukraine and Beyond: Seizing Opportunities, Confronting Challenges and Avoiding False Dilemmas
by Taras Leshkovych (@TLeshkovych) and Patryk I. Labuda (@pilabuda) (April 2, 2024)

On Double Jeopardy, the ICC, and the Special Tribunal for the Crime of Aggression
by Gaiane Nuridzhanian and Carrie McDougall (@IntLawCarrie) (January 18, 2024)

Making Counter-Hegemonic International Law: Should A Special Tribunal for Aggression be International or Hybrid?
by Patryk I. Labuda (@pilabuda) (September 19, 2023)

Accountability for Russian Imperialism in the “Global East”
by Patryk I. Labuda (@pilabuda) (August 21, 2023)

A Significant New Step in the Creation of An International Compensation Mechanism for Ukraine
by Chiara Giorgetti (@ChiaraLawProf) and Patrick Pearsall (@Pwpearsall) (July 27, 2023)

The Brussels Declaration: Russian International and Human Rights Lawyers’ Statement on Accountability
by Gleb Bogush (@gleb_bogush) and Sergey Vasiliev (@sevslv) (June 12, 2023)

The Lithuanian Case for an International Special Tribunal for the Crime of Aggression Against Ukraine
by Dr. Gabija Grigaitė-Daugirdė (June 1, 2023)

An International Special Tribunal is the Only Viable Path to a Just and Lasting Peace in Ukraine
by Ambassador Rein Tammsaar (May 9, 2023)

U.N. General Assembly and International Criminal Tribunal for the Crime of Aggression Against Ukraine
by Just Security (@just_security) (May 9, 2023)

The Legal Authority to Create a Special Tribunal to Try the Crime of Aggression Upon the Request of the UN General Assembly
by Oona A. HathawayMaggie Mills and Heather Zimmerman (May 5, 2023)

Don’t be Fooled by U.S. Smoke and Mirrors on the Crime of Aggression
by Jennifer Trahan (April 14, 2023)

The United States’ Proposal on Prosecuting Russians for the Crime of Aggression Against Ukraine is a Step in the Right Direction
by Michael Scharf, Paul R. Williams (@PaulWilliamsDC), Yvonne Dutton and Milena Sterio (@MilenaSterio) (April 6, 2023)

An Assessment of the United States’ New Position on An Aggression Tribunal for Ukraine
by Rebecca Hamilton (@bechamilton) (March 29, 2023)

Is Amending the Rome Statute the Panacea Against Perceived Selectivity and Impunity for the Crime of Aggression Committed Against Ukraine?
by Astrid Reisinger Coracini (@astrid_coracini) (March 21, 2023)
Ukrainian translation: Чи є внесення змін до Римського статуту панацеєю від очевидної вибірковості та безкарності за злочин агресії, вчинений проти України?

A Pragmatic Legal Approach to End Russia’s Aggression
by Luis Moreno Ocampo (@MorenoOcampo1) (February 23, 2023)

Letter to Editor: On So-Called Selectivity and a Tribunal for Aggression Against Ukraine
by Chile Eboe-Osuji (@EboeOsuji) (February 10, 2023)

Why a “Hybrid” Ukrainian Tribunal on the Crime of Aggression Is Not the Answer
by Jennifer Trahan (February 6, 2023)

In Evaluating Immunities before a Special Tribunal for Aggression Against Ukraine, the Type of Tribunal Matters
by James A. Goldston (@JamesAGoldston) and Anna Khalfaoui (@Anna_Khalfaoui) (February 1, 2023)

The Ukraine War and the Crime of Aggression: How to Fill the Gaps in the International Legal System
by Claus Kress, Stephan Hobe and Angelika Nußberger (@ahnussberger) (January 23, 2023)

Toward an Interim Prosecutor’s Office in The Hague for the Crime of Aggression Against Ukraine
by Ryan Goodman (@rgoodlaw) (January 17, 2023)

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part VI): on the Non-Applicability of Personal Immunities
by Astrid Reisinger Coracini (@astrid_coracini) and Jennifer Trahan (November 8, 2022)
Ukrainian translation: Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

Forging a Cooperative Relationship Between Int’l Crim. Court and a Special Tribunal for Russian Aggression Against Ukraine
by Ambassador David Scheffer (October 25, 2022)
Ukrainian translation: Налагодження співпраці між МКС і Спеціальним трибуналом переслідування злочину агресії, вчиненого щодо України

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part IV)
by Ambassador David Scheffer (September 28, 2022)
Ukrainian translation: Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part III)
by Jennifer Trahan (September 26, 2022)
Ukrainian translation: Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part II)
by Astrid Reisinger Coracini (@astrid_coracini) (September 23, 2022)
Ukrainian translation: Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

The Case for Creating an International Tribunal to Prosecute the Crime of Aggression Against Ukraine
by Oona Hathaway (@oonahathaway) (September 20, 2022)
Ukrainian translation: Аргументи щодо створення Міжнародного трибуналу для переслідування злочину агресії, вчиненого щодо України

Justice for the Crime of Aggression Today, Deterrence for the Aggressive Wars of Tomorrow: A Ukrainian Perspective
by Gaiane Nuridzhanian (@ya_chereshnya) (August 24, 2022)
Ukrainian translation: Справедливість щодо злочину агресії сьогодні, стримування агресивних війн завтра: українська перспектива

Using the 1933 Soviet Definition of Aggression to Condemn Russia Today
by Kathryn Sikkink (May 24, 2022)
Ukrainian translation: Аргументи щодо створення Міжнародного трибуналу для переслідування злочину агресії, вчиненого щодо України

Toward a Better Accounting of the Human Toll in Putin’s War of Aggression
by Ryan Goodman (@rgoodlaw) and Ambassador (ret.) Keith Harper (@AmbHarper) (May 24, 2022)

Model Indictment for the Crime of Aggression Committed against Ukraine
by James A. Goldston (@JamesAGoldston) (May 9, 2022)

The Best Path for Accountability for the Crime of Aggression Under Ukrainian and International Law
by Alexander Komarov and Oona Hathaway (@oonahathaway) (April 11, 2022)
Ukrainian translation: Найкращий шлях довідповідальності за злочин агресії за українським та міжнародним правом

Ukraine’s Constitutional Constraints: How to Achieve Accountability for the Crime of Aggression
by Alexander Komarov and Oona Hathaway (@oonahathaway) (April 5, 2022)
Ukrainian translation: Конституційні обмеження України: як домогтися відповідальності за злочин агресії

The Need to Reexamine the Crime of Aggression’s Jurisdictional Regime
by Jennifer Trahan (April 4, 2022)
Ukrainian translation: Необхідність перегляду юрисдикційного режиму злочину агресії

Complicity in a War of Aggression: Private Individuals’ Criminal Responsibility
by Nikola Hajdin (April 1, 2022)
Ukrainian translation: Співучасть в агресивній війні: кримінальна відповідальність приватних осіб

Litigating Aggression Backwards
by Frédéric Mégret (@fredericmegret) (March 22, 2022)
Ukrainian translation: Судовий розгляд агресії в обхідний спосіб

The Leadership Clause in the Crime of Aggression and Its Customary International Law Status
by Nikola Hajdin (March 17, 2022)
Ukrainian translation: Положення щодо лідерства у злочині агресії та його статус у міжнародному звичаєвому праві

Model Indictment for Crime of Aggression Against Ukraine: Prosecutor v. President Vladimir Putin
by Ryan Goodman (@rgoodlaw) and Rebecca Hamilton (@bechamilton) (March 14, 2022)

Mechanisms for Criminal Prosecution of Russia’s Aggression Against Ukraine
by Tom Dannenbaum (@tomdannenbaum) (March 10, 2022)
Ukrainian translation: Механізми кримінального переслідування агресії Росії проти України

How the Soviet Union Helped Establish the Crime of Aggressive War
by Francine Hirsch (@FranHirsch) (March 9, 2022)
Ukrainian translation: Як Радянський Союз допоміг закріпити концепцію злочину агресивної війни
Russian translation: Как Советский Союз помог установить преступление агрессивной войны

U.N. General Assembly Should Recommend Creation Of Crime Of Aggression Tribunal For Ukraine: Nuremberg Is Not The Model
by Jennifer Trahan (March 7, 2022)
Ukrainian translation: Генеральна Асамблея ООН повинна рекомендувати створення трибуналу для України щодо злочину агресії: Нюрнберг – це не модель

Statement by Members of the International Law Association Committee on the Use of Force
by Just Security (March 4, 2022)
Translations

Civilian Harm, Crimes Against Humanity, and War Crimes

History and International Law Proscribe Amnesties for Russian War Crimes
by Kateryna Busol (December 11, 2025)

Why a Ukraine-Russia Amnesty Would Violate Geneva Convention Obligations
by Tracey Begley (December 11, 2025)

From Ukraine to Gaza: IHL Compliance as a Tool for Preventing Moral Injury
By Tal Gross and LCDR Christopher Hart (August 12, 2025)

Protecting Health Care in Conflict: Lessons from Ukraine for a Global Roadmap
by Uliana Poltavets (August 1, 2025)

Ukraine’s Use of Technology in Sexual and Gender-Based Crimes Investigations
by Kateryna Busol and Polina Overchenko (May 12, 2025)

Russia’s “Human Safari” Terror Tactic in Key Southeastern Ukraine Region of Kherson
by Mercedes Sapuppo (@MKSapuppo) (December 23, 2024)

The Just Security Podcast: Russia’s Program of Coerced Adoption of Ukraine’s Children
Paras Shah (@pshah518) interview with Nathaniel Raymond (@nattyray11) and Oona A. Hathaway (@oonahathaway) (October 4, 2024)

New Report Documents Russia’s Systematic Program of Coerced Adoption and Fostering of Ukraine’s Children
by Madeline Babin, Isabel Gensler and Oona A. Hathaway (@oonahathaway) (October 3, 2024)

Ukraine’s Approach to Russian ‘Passportization’ Requires Balancing National Security and Individual Rights
by Olga Poiedynok (October 4, 2024)

Death Toll Climbs in Ukraine With Russia’s ‘Double-Tap’ Strikes
by Mercedes Sapuppo (@MKSapuppo) and Shelby Magid (@shelbyjmag) (July 8, 2024)

Russia’s Attacks on Ukraine’s Energy Infrastructure Imperil Healthcare Access
by Uliana Poltavets and Christian De Vos (@devos_christian) (June 6, 2024)

A Quarter Century After the Ottawa Landmine Treaty, the World Needs a UN Fund for Victims
by Ben Keith (@BenCAKeith) (April 9, 2024)

Trials of Ukrainian Prisoners of War in Russia: Decay of the Combatant’s Immunity
by Maksym Vishchyk (@Maks_Vishchyk) (August 21, 2023)
Ukrainian translation:  Суди над українськими військовополоненими в Росії: руйнація імунітету комбатанта

What You Need to Know: International Humanitarian Law and Russia’s Termination of the Black Sea Grain Initiative
by Tom Dannenbaum (@tomdannenbaum) (July 28, 2023)

Bad for the Goose, Bad for the Gander: Drone Attacks in Russia Underscore Broader Risks
by Brianna Rosen (@rosen_br) (June 8, 2023)

Expert Q&A on IHL Compliance in Russia’s War in Ukraine
by Jelena Pejic (April 7, 2023)

Time Is On Ukraine’s Side, Not Russia’s
by Maria Popova (@PopovaProf) and Oxana Shevel (@OxanaShevel) (December 21, 2022)

The Case for the International Crime of Domicide
by Balakrishnan Rajagopal (@adequatehousing) and Raphael A. Pangalangan (@ApaPangalangan) (October 28, 2022)

Why We Need the Alien Tort Statute Clarification Act Now
by Christopher Ewell, Oona A. Hathaway (@oonahathaway) and Ellen Nohle (October 27, 2022) 

Extremist Ideologies and the Roots of Mass Atrocities: Lessons for Ukraine
by Jonathan Leader Maynard (@jleadermaynard) (October 14, 2022) 

Russian Torture and American (Selective) Memory
by Joseph Margulies (October 13, 2022)

‘The Hour These Hostilities Began’: Ukrainians Mobilize to Document War Crimes
by Roman Romanov (@r_romanov) (April 26, 2022)
Ukrainian translation: «Година, коли почалися бойові дії»: українці мобілізуються задля документування воєнних злочинів

Legal Frameworks for Assessing the Use of Starvation in Ukraine
by Tom Dannenbaum (@tomdannenbaum) (April 22, 2022)
Ukrainian translation: Правові рамки для оцінки використання морення голодом в Україні

The OSCE Report on War Crimes in Ukraine: Key Takeaways
by Adil Ahmad Haque (@AdHaque110) (April 15, 2022)
Ukrainian translation: Звіт ОБСЄ про воєнні злочини в Україні: ключові висновки

Should We Worry that the President Called Putin a “War Criminal” Out Loud?
by Deborah Pearlstein (@DebPearlstein) (April 8, 2022)

Mass Graves in Ukraine Should Be Treated as Crime Scenes–and Urgently Secured
by Sarah Knuckey (@SarahKnuckey) and Anjli Parrin (@anjliparrin) (April 6, 2022)
Ukrainian translation: Масові поховання в Україні слід розглядати як місце скоєння злочину – і терміново убезпечувати

Ukraine May Mark a Turning Point in Documenting War Crimes
by Justin Hendrix (@justinhendrix) (March 28, 2022)
Ukrainian translation: Україна може стати поворотним моментом у документуванні воєнних злочинів

Russia’s “Occupation by Proxy” of Eastern Ukraine – Implications Under the Geneva Conventions
by Natia Kalandarishvili-Mueller (@natiakalanda) (February 22, 2022)

Genocide
Nuclear Weapons, Cluster Munitions, Other Arms

Russia’s Drone-Dropped Landmines Threaten Human Lives and Hard-Won Humanitarian Protections
by Mary Wareham (June 10, 2025)

Beating Putin’s Game of Nuclear Chicken
by Douglas London (@douglaslondon5) (March 21, 2024)

The CFE Treaty’s Demise and the OSCE: Time to Think Anew?
by Gabriela Iveliz Rosa Hernández (@GabrielaIRosa) and Alexander Graef (@alxgraef) (December 13, 2023)

U.S. Cluster Munition Transfer to Ukraine Ignores History of Civilian Harm
by Bonnie Docherty (@bonnie_docherty) (July 14, 2023)

Addressing Putin’s Nuclear Threat: Thinking Like the Cold War KGB Officer That He Was
by Douglas London (@douglaslondon5) (October 18, 2022)

Dealing with Putin’s Nuclear Blackmail
by Ambassador Daniel Fried (@AmbDanFried) (September 28, 2022)
Ukrainian translation: Боротьба з ядерним шантажем Путіна

Russia’s Nuclear Threat Inflation: Misguided and Dangerous
by Lawrence Korb (@LarryKorb) and Stephen Cimbala (May 31, 2022)

U.S. Policy on Cluster Munitions and Russia’s War in Ukraine
by Stephen Pomper (@StephenPomper) (May 4, 2022)

Russian Landmines in Ukraine: The Most Relevant Treaty
by Michael Matheson (April 25, 2022)
Ukrainian translation: Російські наземні міни в Україні: найбільш актуальний договір

Why the War in Ukraine Poses a Greater Nuclear Risk than the Cuban Missile Crisis
by Lawrence Korb (@LarryKorb) and Stephen Cimbala (April 12, 2022)

Russia’s Use of Cluster Munitions and Other Explosive Weapons Shows Need for Stronger Civilian Protections
by Bonnie Docherty (March 21, 2022)
Ukrainian translation: Використання Росією касетних боєприпасів та іншої вибухової зброї свідчить про необхідність посилення захисту цивільного населення

Cultural Heritage
International Criminal Law and the International Criminal Court (ICC)

Unforced Error: Article 124 and the Regrettable Caveat to Ukraine’s Proposed Ratification of the ICC Statute
by Tom Dannenbaum (@tomdannenbaum) (August 20, 2024)

The Just Security Podcast: ICC Arrest Warrants for Russian Attacks on Ukraine’s Power Grid
by Kateryna Busol (@KaterynaBusol), Rebecca Hamilton (@bechamilton), Parash Shah (@pshah518), Audrey Balliette and Harrison Blank (June 28, 2024)

Deportation, Detention, and Other Crimes: In Ukraine, the Past and Present of International Criminal Law Converge
by Andrew Boyle (April 9, 2024)

No Longer the Silent Victim: How Ukrainian Prosecutors Are Revitalizing Environmental War Crime Law
by Richard J. Rogers, Kate Mackintosh (@Katemackintosh2) and Maksym Popov (January 23, 2024)

Digital Evidence Collection at the Int’l Criminal Court: Promises and Pitfalls
by Hayley Evans (@HayleyNEvans) and Mahir Hazim (July 5, 2023)
Ukrainian translation: Збір цифрових доказів у Міжнародному кримінальному суді: Обіцянки та підводні камені

Could the Nova Kakhovka Dam Destruction Become the ICC’s First Environmental Crimes Case?
by Thomas Hansen (June 9, 2023)

Assessing the Controversial Meeting of a U.N. Official and Russian Official Wanted for Arrest in the Hague
by Ryan Goodman (May 22, 2023)
Ukrainian translation: Оцінка контроверсійної зустрічі представника ООН та російської чиновниці, яку розшукують для арешту в Гаазі

Conferred Jurisdiction and the ICC’s Putin and Lvova-Belova Warrants
by Leila Nadya Sadat (@leilasadat1) (April 21, 2023)

How will the ICC’s Arrest Warrant for Putin Play Out in Practice?
by Stephen Pomper (@StephenPomper) (March 20, 2023)
Ukrainian translation: Чим обернеться на практиці ордер МКС на арешт Путіна?

The ICC Goes Straight to the Top: Arrest Warrant Issued for Putin
by Rebecca Hamilton (@bechamilton) (March 17, 2023)
Ukrainian translation: МКС розпочинає з верхівки: видано ордер на арешт Путіна

Russia’s Forcible Transfers of Ukrainian Civilians: How Civil Society Aids Accountability and Justice
by Oleksandra Matviichuk (@avalaina), Natalia Arno (@Natalia_Budaeva) and Jasmine D. Cameron (@JasmineDCameron) (March 3, 2023)
Ukrainian translation: Насильницьке переміщення Росією українських цивільних осіб: Громадянське суспільство, підзвітність, справедливість

Just Security Experts Give Address at Int’l Criminal Court’s Assembly of State Parties Side Event
by Just Security (December 7, 2022)

Amid the Russia-Ukraine War, a Dutch Court Prepares to Rule on Four Suspects in the 2014 Downing of Flight MH17
by Marieke de Hoon (@mariekedehoon) (November 15, 2022)

The War in Ukraine and the Legitimacy of the International Criminal Court
By Milena Sterio (@MilenaSterio) and Yvonne Dutton (August 30, 2022)

How International Justice Can Succeed in Ukraine and Beyond
by Christopher “Kip” Hale (@kiphale) and Leila Nadya Sadat (@leilasadat1) (April 14, 2022)
Ukrainian translation: Як міжнародне правосуддя може досягти успіху в Україні та за її межами

How Not to Fail on International Criminal Justice for Ukraine
by James A. Goldston (@JamesAGoldston) (March 21, 2022)
Ukrainian translation: Як не зазнати невдачі у міжнародному кримінальному правосудді для України

The Way: The Chief Prosecutor, the Int’l Criminal Court, and Ukraine
by David Schwendiman (March 20, 2022)
Ukrainian translation: Шлях: Головний прокурор, Міжнародний кримінальний суд та Україна

Aggression by P5 Security Council Members: Time for ICC Referrals by the General Assembly
by Shane Darcy (@BHRIblog) (March 16, 2022)
Ukrainian translation: Агресія з боку постійних членів Ради Безпеки: час для передачі ситуацій до МКС Генеральною Асамблеєю

With the Int’l Criminal Court Going In, Russian Soldiers Should Go Home
by Chile Eboe-Osuji (@EboeOsuji) (March 4, 2022)
Ukrainian translation: З початком роботи МКС, російські солдати мають повернутись додому

The Int’l Criminal Court’s Ukraine Investigation: A Test Case for User-Generated Evidence
by Rebecca Hamilton (@bechamilton) and Lindsay Freeman (@lindsaysfreeman) (March 2, 2022)
Ukrainian translation: Розслідування МКС в Україні: краш-тест для доказів, створених користувачами

ICC and the United States

Biden’s Cooperation with the ICC Is a Step Toward Embracing Reality
by Adam Keith (@adamofkeith) (August 18, 2023)

Joint Symposium on U.S. Cooperation with the International Criminal Court’s Ukraine Investigation
by Just Security (July 17, 2023)

Is the Pentagon Relenting?: A Close Study of Opposition to the Int’l Criminal Court’s Ukraine Investigation
by Adam Keith (@adamofkeith) (July 12, 2023)

US Cooperation with the ICC to Investigate and Prosecute Atrocities in Ukraine: Possibilities and Challenges
by Laura Dickinson (@LA_Dickinson) (June 20, 2023)
Ukrainian translation: Співпраця США з МКС у розслідуванні та злочинів в Україні: Можливості та виклики

Unpacking New Legislation on US Support for the International Criminal Court
by Todd Buchwald (March 9, 2023)

Almost There: When Will the Biden Administration Support the ICC in Ukraine?
by Adam Keith (@adamofkeith) (March 4, 2023)

The United States Can and Should Broadly Contribute to the Trust Fund for Victims (Part IV)
by Yvonne Dutton and Milena Sterio (@MilenaSterio) (February 16, 2023)

The Binding Interpretation of the Office of Legal Counsel of the Laws Constraining US Engagement with the ICC (Part III)
by Floriane Lavaud (@FlorianeLavaud), Ashika Singh and Isabelle Glimcher (@Isglimcher) (February 15, 2023) 

The American Servicemembers’ Protection Act and the Dodd Amendment: Shaping United States Engagement with the ICC (Part II)
by Floriane Lavaud (@FlorianeLavaud), Ashika Singh and Isabelle Glimcher (@Isglimcher) (February 14, 2023) 

U.S. Strategic Interests in Contributing to the ICC Trust Fund for Victims (Part I)
by Paul R. Williams (@PaulWilliamsDC), Alexandra Koch (@alexandraekoch) and Lilian Waldock (February 13, 2023)

Introducing the Symposium on U.S. Support for the ICC’s Trust Fund for Victims
by Paul R. Williams (@PaulWilliamsDC), Milena Sterio (@MilenaSterio), Yvonne Dutton, Alexandra Koch (@alexandraekoch), Lilian Waldock, Floriane Lavaud (@FlorianeLavaud), Ashika Singh and Isabelle Glimcher (@IsGlimcher) (February 13, 2023)

Republicans Pave Way for US Policy Shift on Int’l Criminal Court
by Ryan Goodman (@rgoodlaw) (April 13, 2022)

Pressing US Officials on Russia and Int’l Criminal Court: The Interview We Should be Hearing
by Rebecca Hamilton (@bechamilton) (April 6, 2022)

Russia, the Int’l Criminal Court, and the Malign Legacy of the U.S. “War on Terror”
by Gabor Rona (@GaborRona1) (April 1, 2022)

How Best to Fund the International Criminal Court
by Ryan Goodman (@rgoodlaw) (March 27, 2022)

Justice for Ukraine and the U.S. Government’s Anomalous Int’l Criminal Court Policy
by Adam Keith (@adamofkeith) (March 8, 2022)
Ukrainian translation: Справедливість для України та аномальна політика уряду США щодо МКС

Universal Jurisdiction and National-Level Prosecutions

The Wagner Group in Court: Justice Is Catching Up with Russia’s Top Irregular Warfighters
by Candace Rondeaux (@CandaceRondeaux) (December 17, 2024)

Latest Atrocities Highlight the Importance of Early Warning
by Lawrence Woocher (July 25, 2022)
Ukrainian translation: Останні звірства підкреслюють важливість раннього попередження

To Support Accountability for Atrocities, Fix U.S. Law on the Sharing of Digital Evidence
by David J. Simon (@djsimon7) and Joshua Lam (@joshlamlamlam) (April 20, 2022)
Ukrainian translation: Виправте закон США про обмін цифровими доказами щоб забезпечити притягнення до відповідальності за звірства

The Need for Urgency in Closing the War Crimes Act’s Loopholes
by Michel Paradis (@MDParadis) (April 14, 2022)

Expanding the U.S. War Crimes Act: Lessons from the Administration’s Proposals in 1996
by Michael Matheson (April 13, 2022)

How States Like California Are Bolstering Federal Sanctions Against Russia
by Julia Spiegel (April 5, 2022)

How States Can Prosecute Russia’s Aggression With or Without “Universal Jurisdiction”
by Diane Orentlicher (March 24, 2022)
Ukrainian translation: Як Держави Можуть Притягати до Відповідальності за Російську Агресію з «Універсальною Юрисдикцією» чи Без Неї

How DOJ Could Prosecute Russians for War Crimes, and How Congress Can Expand Its Remit
by Edgar Chen (March 23, 2022)
Ukrainian translation: Як Міністерство юстиції може переслідувати росіян за воєнні злочини і як Конгрес може розширити свої повноваження

International Court of Justice and European Court of Human Rights

Ukraine, Netherlands Await Pivotal Rulings in Cases Against Russia from Previous Years of War
by Marieke de Hoon (@mariekedehoon) (January 13, 2023)
Ukrainian translation: Україна та Нідерланди очікують ключових рішень в справах проти Росії за роки війни

US Intervention in Ukraine v. Russia at the ICJ: A Q&A with Chiméne Keitner
by Chimène Keitner (@KeitnerLaw) (September 27, 2022)

Q&A: Ukraine at the International Court of Justice, Russia’s Absence & What Comes Next
by Chimène Keitner (@KeitnerLaw ), Zoe Tatarsky and Just Security (March 16, 2022)
Ukrainian translation: Питання та відповіді (Частина ІІ): Україна у Міжнародному суді справедливості, Відсутність Росії та що буде далі

Q&A: The ICJ’s Order on Provisional Measures in Ukraine v. Russian Federation
by Chimène Keitner (@KeitnerLaw), Zoe Tatarsky and Just Security (March 9, 2022)
Ukrainian translation: Питання та відповіді: Наказ Міжнародного Суду ООН про тимчасові заходи у справі України проти Російської Федерації

Not Far Enough: The European Court of Human Rights’ Interim Measures on Ukraine
by Eliav Lieblich (@eliavl) (March 7, 2022)

Q&A: Next Steps in Ukraine’s Application to the International Court of Justice
by Chimène Keitner (@KeitnerLaw), Zoe Tatarsky and Just Security (March 5, 2022)
Ukrainian translation: Питання та відповіді: Наступні кроки щодо української заяви до МСС

Refugee Policy

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War Powers, Venezuela, Drug Boats, and Congress https://www.justsecurity.org/128517/war-powers-venezuela-drug-boats-and-congress/?utm_source=rss&utm_medium=rss&utm_campaign=war-powers-venezuela-drug-boats-and-congress Mon, 12 Jan 2026 14:05:34 +0000 https://www.justsecurity.org/?p=128517 The last year of unauthorized military interventions and the president’s threats should spur Congress to reassert its constitutional prerogatives over the use of force.

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With the U.S. maritime bombing campaign against suspected drug boats and the Jan. 2-3 military incursion into Venezuela that resulted in the capture of its leader Nicolás Maduro and his wife Cilia Flores, the Trump administration is now involved in two sets of hostilities governed by the War Powers Resolution (WPR) in Latin America. In this essay, we explain the implications of these ongoing hostilities for both the legal requirement to terminate fighting not authorized by Congress, as well as the tools available to Congress to push back against uses of force it has not authorized. 

Legal Background: The War Powers Resolution

The War Powers Resolution provides the statutory framework for the unilateral use of military force by a president, such as the ongoing maritime strikes and the U.S. operations in Venezuela. Congress enacted this law over President Richard Nixon’s veto in 1973 to reassert the body’s constitutional prerogatives with respect to war and peace. In essence, Congress sought to forestall any president from taking the country to war without congressional authorization or even without congressional awareness (as had allegedly been the case for aspects of the wars in South-East Asia, such as the incursion into Cambodia). Congress attempted to do this through a framework requiring transparency before forces are in harm’s way, and mechanisms for automatic termination of unilateral presidential uses of force absent specific congressional authorization. 

Reporting: To this end, Section 4(a) of the Resolution establishes reporting requirements to prevent the president from taking the country to war in secret. In the absence of a declaration of war or other statutory authorization, the executive branch is subject to multi-tiered obligations to report to Congress within 48 hours of certain activities by U.S. armed forces. 

First, under subsection 4(a)(1) the Executive must report when U.S. military forces are introduced into “hostilities” or introduced into “situations where imminent involvement in hostilities is clearly indicated by the circumstances.” Such hostilities reports are the focus of this essay. 

Second, even if U.S. forces are not engaging in hostilities, subsection 4(a)(2) requires the Executive to report the introduction of “combat equipped” forces into a country (the executive branch defines “combat-equipped” as forces equipped with crew-served weapons such as machine guns requiring more than one person to operate and mortars). The goal of this provision is essentially to avoid putting U.S. forces into a position that could lead to imminent hostilities without congressional awareness.

Third, pursuant to subsection 4(a)(3), the president must also report a substantial enlargement of such combat equipped forces in a country where such forces are already present.

Two mechanisms to terminate unilateral deployments into hostilities or imminent hostilities: Notably, under Section 5(b) of the 1973 Resolution, the submission of a report under the first of these scenarios — introduction of U.S. forces into hostilities or situations of imminent hostilities — starts a 60-day clock for the withdrawal of U.S. armed forces from such situations unless Congress declares war or otherwise enacts specific statutory authorization for the use of force. No further action needs to be taken by Congress for the termination to become effective (though in practice, presidents have found numerous ways to try to circumvent the termination requirement or argue its inapplicability). 

When enacted, the War Powers Resolution provided a mechanism in section 5(c) for Congress to order the removal of U.S. forces from hostilities through a concurrent resolution—that is, a resolution passed by both houses of Congress but not presented to the president for his or her signature or veto. Particularly following the Supreme Court’s 1983 decision in INS v. Chadha that ruled unconstitutional the so-called legislative veto, section 5(c) is widely viewed as unconstitutional. Following Chadha, Congress enacted expedited procedures for joint resolutions requiring the removal of U.S. armed forces from hostilities, which does require presentment to the president.

As one of us previously wrote (with Stephen Pomper), one of the consequences of Chadha was to “encourage[] a lingering (and in our view incorrect) impression that other provisions of the War Powers Resolution are constitutionally infirm — an impression that the executive branch has sometimes encouraged.” It is to that issue that we now turn. 

Constitutionality of the War Powers Resolution

Although it is sometimes asserted (including recently by Vice President J.D. Vance) that every presidential administration has claimed the War Powers Resolution is unconstitutional, that claim is inaccurate. (Charlie Savage recently wrote in the New York Times about the administration’s misleading claims on this front.) 

Although it is true that prior to Chadha, the executive branch regarded the concurrent resolution mechanism for terminating introductions into hostilities as unconstitutional based on the Supreme Court’s analysis of the Presentment Clause (Article I § 7 of the Constitution), that is distinct from claims regarding the constitutionality of the resolution as a whole, or any of its other specific provisions. As the Department of Justice’s Office of Legal Counsel (OLC) noted in 1979, “the only provision that this Administration has suggested presents constitutional problems related to the right of Congress to act by concurrent resolution.” 

Under administrations of both political parties, OLC has repeatedly accepted that other provisions of the resolution are constitutional at least on their face, including the reporting requirements, 60-day clock, and the revised joint resolution mechanism for withdrawing U.S. armed forces from hostilities. Harold Hongju Koh, Legal Adviser to the Department of State during the Obama administration, testified with reference to the War Powers Resolution that “[t]he Administration recognizes that Congress has powers to regulate and terminate uses of force.”

What’s more, in practice presidents have endeavored to comply with these requirements. First, all presidents since Ford have submitted the 48-hour reports described above. Second, while presidents have certainly stretched or narrowed their interpretations of the statute’s terms to avoid the termination requirement, they have attempted to make arguments under the law for why it does not constrain their activity in a given case, rather than arguing that the law itself is unconstitutional. 

In our view, the constitutionality of the War Powers Resolution is on firm ground. Congress holds the preponderance of the war-making, and war-adjacent, powers in the Constitution. Moreover, Congress has since the founding regulated when and how the United States may use force abroad (from the late 1700s to the frameworks in place today that are the subject of this essay). In sum, both the text and historical and modern practice make the statute’s constitutionality clear. 

Multiple Hostilities (and 60-Day Clocks Running) in Latin America

The first set of hostilities involves the administration’s campaign of lethal strikes against suspected drug ferrying boats in the Caribbean and eastern Pacific—Operation Southern Spear—in which the administration claims (erroneously) that it is involved in non-international armed conflicts against an unreleased list of 24 criminal gangs and drug cartels but, paradoxically, that it is not in “hostilities’ for WPR purposes (despite submitting a report implying that it was so involved 48 hours after the first Sept. 2 strike, as required by the WPR). These hostilities appear to be ongoing following 35 strikes and over 100 people killed. On Jan. 4, Secretary of State Rubio stated that “we continue to reserve the right to take strikes against drug boats that are bringing drugs towards the United States that are being operated by transnational criminal organizations.”

The other set of hostilities involves the administration’s unlawful use of force against Venezuela—Operation Absolute Resolve—including the seizure of its president and commander in chief, Nicolás Maduro, and his wife, Cilia Flores, in a military raid. That operation took place in the context of an immense military build-up in the region, continued threats of military force, and a naval blockade against U.S. sanctioned oil shipments from the country that remains ongoing. 

Congress has already voted on a series of measures under the War Powers Resolution that would require President Trump to remove U.S. forces from hostilities related to the boat strikes as well as in or against Venezuela. Another such vote is expected this week in the Senate. 

We now turn to explaining the two sets of hostilities, how each is governed by the War Powers Resolution, and what opportunities this creates for Congress. 

The Maritime Strikes Termination Clock

Consistent with section 4(a)(1) of the War Powers Resolution, the White House reported the first maritime strike (which occurred on Sept. 2, 2025) to Congress in a Sept. 4 letter. This report triggered the start of the Resolution’s 60-day clock—which was due to expire on Nov. 3.

But as this deadline approached, the Trump administration shifted its view on whether these strikes constitute “hostilities” under the 1973 law. The head of the OLC reportedly informed a small group of lawmakers that the maritime strikes did not constitute “hostilities” despite having initially reported them under the law. 

An anonymous senior administration official told the Washington Post that the War Powers Resolution doesn’t apply to the maritime strikes because, “even at its broadest … [it] has been understood to apply to placing U.S. service-members in harm’s way.” According to this official, “[t]he operation comprises precise strikes conducted largely by unmanned aerial vehicles launched from naval vessels in international waters at distances too far away for the crews of the targeted vessels to endanger American personnel.” Thus, “the kinetic operations underway do not rise to the level of ‘hostilities,’” according to the administration.

Contrary to the administration’s arguments, the War Powers Resolution’s clock has been ticking since Sept. 4th of last year, and exceeded the 60 day deadline in early November. Based on the text, legislative history, and past executive branch practice, the better view is that airstrikes, even when U.S. armed forces are not exposed to significant risk, are hostilities under the Resolution.

As one of us (Finucane) has previously explained:

There are many flaws with the Trump administration’s reported interpretation of hostilities. As indicated in the legislative history, Congress understood the term “hostilities” to apply broadly, more broadly than “armed conflict.” The Obama administration’s prior attempt to restrictively interpret the term garnered strong bipartisan congressional opposition.

Moreover, the War Powers Resolution was enacted not only against the general backdrop of the Vietnam War, but more specifically President Nixon’s legally contested aerial bombing of Cambodia in 1973 (Operation Freedom Deal) which Congress sought to terminate through funding restrictions. As Representative Zablocki (a key architect of the War Powers Resolution) explained, “[w]hat really helped the war powers legislation was the arrogance of the executive branch in saying ‘We’ll bomb Cambodia as long as we desire, regardless of what Congress says.’” It thus beggars belief that Congress somehow intended the War Powers Resolution not to cover U.S. airstrikes.

Indeed, in October 1973, to prevent a resumption of the Cambodia aerial bombing, Congress enacted (just weeks before the War Powers Resolution itself) a funding restriction barring “the involvement of United States military forces in hostilities in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia, unless specifically authorized hereafter by the Congress.” (emphasis added) On November 16th—a week after the War Powers Resolution was enacted over Nixon’s veto—the Defense Appropriations Act of 1974 was signed into law with the exact same prohibition on “hostilities” but effective upon enactment. From this context, it appears clear that Congress meant to capture aerial bombing within the scope of the term “hostilities” and thus the restrictions of the War Powers Resolution. 

Although the Trump administration’s attempt to circumvent the 60-day clock is legally unconvincing, it is hardly the first administration to resort to “creative” lawyering to continue hostilities past the deadline. In recent years, both the Obama administration (in Libya) and the Biden administration (in Yemen) relied on strained interpretations of the War Powers Resolution to continue hostilities notwithstanding the law’s restrictions and the absence of congressional authorization. 

But the Trump administration’s reported theory goes even further than the arguments from past administrations in suggesting that any standoff airstrike by the United States is outside the scope of the War Powers Resolution by claiming that the resolution is inapplicable even when the president believes the strikes are part of an ongoing armed conflict, which purportedly includes hostile actions against the United States (the notion of an armed conflict with cartels and gangs and of hostilities against the United States by such groups are both facts we dispute, but which the administration has consistently claimed). Such an interpretation would allow the United States to wage an air war indefinitely without congressional authorization. 

The Venezuela Hostilities – Operation Absolute Resolve

There is no doubt that Operation Absolute Resolve constitutes “hostilities” within the meaning of the WPR. And while WPR reports to Congress have almost never specifically stated so, this was implied in the report President Trump sent to Congress. In the context of explaining why the president needed congressional authorization to undertake the operation, one of us (Bridgeman) recently outlined (with Brian Egan and Ryan Goodman) the extensive nature of the military engagement:

On Jan. 3, President Donald Trump ordered a military operation that bombed Venezuelan air defenses and other targets in the country, seized Venezuelan president Nicolás Maduro and his wife Cilia Flores from their home, killed approximately 75 or 80 people, caused the injury of around six or seven U.S. service members, and potentially resulted in regime change Venezuela. As described in the War Powers Report subsequently provided to Congress, “the Armed Forces of the US conducted targeted and limited military strikes within the territory of the Bolivarian Republic of Venezuela.” The operation was more extensive than this brief sentence would indicate, distinguishing it from other contested unilateral uses of force that relied on unmanned “over-the-horizon” strikes (Syria in 2017 and 2018) or other types of one-off kinetic strikes (Iran in summer 2025). 

Numerous officials in the Trump administration have publicly acknowledged that this named military operation was inherently risky (calling it “very dangerous” and “audacious”). It involved approximately 200 U.S. personnel on the ground in Caracas. There were, as would be expected in an operation of this nature, fire fights between U.S. forces and opposing forces, involving both Venezuelan and Cuban military forces. What’s more, the operation took place in the context of an extensive military build-up in the region, coupled with threats against Maduro to cede power, as well as an ongoing U.S. naval blockade of Venezuelan oil tankers. (The threats and blockade continue today.)

These facts are also important for the analysis of whether the operations constituted “hostilities” for WPR purposes. Based even on OLC’s exceedingly narrow view (a view contrary to the statute’s legislative history) on what types of military engagements constitute “hostilities” for WPR purposes, all of the hallmarks are present. To focus on the most salient and long-held criterion for the executive branch as to what constitutes hostilities – actual “exchanges of fire” between U.S. and hostile forces – this operation clearly did so. Indeed, the combat resulted in dozens of fatalities amongst Venezuelan and Cuban combatants as well as Venezuelan civilians, and injuries to seven U.S. servicemembers. Reportedly, one of the U.S. helicopters that took hostile fire during the operation almost didn’t make it out of Caracas. 

The U.S. Senate also took the position that the military incursion into Venezuela constituted “hostilities.” On January 8th, the Senate voted 52-47 to advance a joint resolution to block further U.S. military action in Venezuela. That resolution specified in pertinent part that “use of military force by the United States Armed Forces within or against Venezuela constitutes the introduction of United States Armed Forces into hostilities.” 

The Venezuela Termination Clock

At a minimum, the 60-day clock started running on Sunday Jan. 5th—48 hours after the operation to capture Maduro occurred. (Depending on the facts, there may be an argument that the clock should have started earlier in connection with the drone strike on Venezuela disclosed by President Trump.) 

The Trump administration will most likely argue that there are no ongoing hostilities. Unlike the argument advanced in relation to the strikes on suspected drug trafficking vessels, which rested on the idea that the hostilities were essentially not intense enough insofar as they did not pose risks to U.S. personnel, in the Venezuela context the administration is instead likely to argue that Operation Absolute Resolve was a one-time engagement that ended as soon as US aircraft left Venezuelan airspace, taking all US personnel with them.

There are reasons to contest any such claims. 

The U.S. military incursion into Venezuela, aerial bombardment of the country, attacks on Venezuelan and Cuban forces, and seizure of the commander in chief of Venezuela’s armed forces constitutes an “international armed conflict.” In contrast to the standard for a non-international armed conflict, the standard for an international armed conflict under international law is low. As explained by the International Committee of the Red Cross in its 1952 commentary on the Geneva Conventions, “Any difference arising between two States and leading to the intervention of armed forces is an [international] armed conflict within the meaning of Article 2, even if one of the Parties denies the existence of a state of war.”

This international armed conflict appears to be ongoing, including the prospect for further hostilities. Rather than proclaim the attack of January 2nd/3rd a “one and done affair,” President Trump has threatened another round of airstrikes, threatened the acting Venezuelan president with a fate “worse” than Maduro, and left open the possibility of U.S. “boots on the ground” in Venezuela. Notably, the War Powers report submitted by the White House to Congress in connection with the raid does not specify that U.S. military operations have concluded, as most reports of limited engagements (such as hostage recoveries, evacuations, rescue missions, and the like) have in the past. Instead, it is silent on the expected duration of the operations, although the president is statutorily required to provide that information. Moreover, U.S. armed forces remain stationed in the region and continue to support the interdiction of sanctioned oil tankers.  [Update: In a statement of administration policy opposing and threatening a veto of the Senate Venezuela resolution, the White House asserted that there were ‘’ongoing national security threats posed by the Maduro-led Cártel de los Soles and other violent drug-trafficking cartels.” This characterization by the administration reinforces the conclusion that “hostilities” remain ongoing.]

For these reasons, the 60-day clock for Operation Absolute Resolve appears to still be ticking.

How Should Congress Respond?

The Senate has now voted to discharge Senator Kaine’s joint resolution from the Senate Foreign Relations Committee, teeing up a floor vote on the resolution itself as well as potential amendments. In the House, Congressman McGovern has also introduced a concurrent resolution to remove U.S. armed forces from Venezuela without specific congressional authorization. (As a concurrent resolution would not be presented to the President for signature or veto, the Supreme Court’s decision in Chadha renders it highly unlikely it could be binding even if passed by both houses of Congress.) 

In addition, measures in both the House and Senate have been introduced to exercise Congress’s ultimate war power—the power of the purse—to block funding for U.S. military operations in or against Venezuela. At present, it is unlikely that Congress could muster the votes for these various measures to overcome presidential vetoes even if they passed both houses. 

Longer term, both sets of unauthorized hostilities and the willingness of the White House to disregard the 60-day clock with respect to the boat strikes should serve as a forceful reminder that Congress needs to reassert its constitutional prerogatives and responsibilities over the use of military force. Among other things, such congressional action should entail reforming the 1973 War Powers Resolution to close loopholes in that law and give it more teeth. Such reforms would include defining key terms, shortening the termination deadline for any unauthorized hostilities, enhancing transparency requirements, and, crucially, imposing mandatory funding cutoffs. 

Regardless of the near term prospects for meaningful legislative reform, Congress must also engage in more rigorous oversight. This should include using all of the tools at its disposal (from the nominations process to use of its subpoena power, among others) to demand that the administration answer for its unilateral uses (and abuses) of U.S. armed forces and shine a spotlight for the American people on the gravity of the situation. 

Conclusion

The U.S. Constitution assigns the power to Declare War and related war powers to the Congress for good reasons that remain as relevant today as ever. It is precisely because going to war is one of the most consequential choices a country can make that decisions on resorting to the use of force were intended to be difficult—to be made after public debate and deliberation by the people’s elected representatives. Although the President would have authority as commander in chief to repel sudden attack, other military actions would require the collective decisionmaking of the legislature. The Constitution does not authorize one person taking the country to war based solely on that individual’s policy or personal preferences.

Obviously, presidential administrations of both parties have departed from this constitutional model by using military force without congressional authorization in situations outside of immediate self-defense. But even by the standards of prior executives, the flurry of unilateral military actions by this administration is striking and deeply troubling to members of Congress and the public across ideological lines. Since returning to office, President Trump has overseen military strikes in Yemen (against the Houthis), Iran, the Caribbean, the Pacific, and Venezuela, all without any plausible congressional authorization (Nigeria might be added to that list, depending on the administration’s justification). (This is an addition to military actions in Syria, Iraq, and Somalia notionally pursuant to the 2001 Authorization for Use of Military Force.)

The last year of unauthorized, discretionary military interventions and the president’s threats of more to come—including even against a NATO ally—should spur the Article I branch of the U.S. government to reassert its constitutional prerogatives and indeed constitutional responsibilities over the use of force.

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Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications https://www.justsecurity.org/128371/trump-v-illinois-supreme-court/?utm_source=rss&utm_medium=rss&utm_campaign=trump-v-illinois-supreme-court Fri, 09 Jan 2026 14:05:10 +0000 https://www.justsecurity.org/?p=128371 The rationale behind the Supreme Court’s decision in 𝑇𝑟𝑢𝑚𝑝 𝑣. 𝐼𝑙𝑙𝑖𝑛𝑜𝑖𝑠 complicates Trump's remaining options for deploying federal military forces to American cities

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On Dec. 23, by a vote of 6-3, the Supreme Court held that President Donald Trump likely lacked authority to federalize National Guard forces to protect federal property and personnel under 10 U.S.C. § 12406(3). The ruling followed Trump’s attempt to deploy federalized National Guard forces in response to protests against Immigration and Customs Enforcement (ICE) activities in Chicago. 

The decision was not based on any assessment of the conditions on the ground. Rather, six justices construed the law to permit federalization of National Guard forces only in situations where the use of active-duty armed forces was—or, possibly, would be—insufficient. Five justices opined that the president could not make such a showing under current circumstances, while Justice Brett Kavanaugh opined in his concurrence that the president simply had not made such a showing.

Following the ruling, Trump announced on social media that he would pull federalized Guard forces out of Chicago, as well as Los Angeles and Portland, Ore. (where he had also invoked 10 U.S.C. § 12406(3)) . . . for the time being. But he also promised to “come back, perhaps in a much different and stronger form,” in the future. 

Legal scholars have observed that the Supreme Court’s decision leaves open two avenues for Trump to reattempt deployment of federal forces: He could deploy active-duty armed forces pursuant to a claim of inherent constitutional authority, or he could invoke the Insurrection Act to deploy either active-duty or federalized National Guard forces. While the majority decision does not expressly foreclose either of these options, however, its rationale does create significant new obstacles for them. 

Background

The statute that Trump invoked in California, Oregon, and Illinois allows the president to federalize National Guard forces when, inter alia, “the president is unable with the regular forces to execute the laws of the United States” (10 U.S.C. § 12406(3)). All three states filed lawsuits arguing that this statutory criterion had not been met because civilian law enforcement had been able to manage the sporadic incidents of violence accompanying protests against ICE. 

The administration argued that the president’s decision on this matter was judicially unreviewable. In the alternative, it argued that courts must extend substantial deference to the president’s judgment; that the phrase “unable . . . to execute the laws” cannot be read literally, and should instead be read to encompass significant impediments to law enforcement; and that the violent actions of some protesters were sufficient to meet this threshold.

The rulings of the courts in all three states focused largely on these questions. No court agreed with the administration that the president’s invocation of the statute was unreviewable. All three district courts held, as a factual matter, that the president was able to execute the laws without resort to the military. But the conclusions of the district courts in California and Oregon were rejected by appellate panels in the Ninth Circuit, on the ground that the district judges had not given the president sufficient deference in his assessment of the facts. The Seventh Circuit, by contrast, found no “clear error” in the district judge’s factual findings.

Throughout these lower court proceedings, the legal question that would ultimately dominate the Supreme Court’s ruling arose in only one place: the district court’s ruling in the Illinois litigation. The parties had assumed that the term “regular forces” in 10 U.S.C. § 12406(3) referred to civilian law enforcement. Judge April Perry, however, closely examined the legislative history of the statute and concluded that the term referred to the active-duty armed forces. She further determined that 10 U.S.C. § 12406(3) did not itself authorize the deployment of the active-duty military. In the absence of statutory authority, the president could deploy troops domestically only if “the civil power has failed,” and the evidence in the record did not show any such failure. 

On appeal, the Seventh Circuit did not engage in the “thorny and complex” question of whether “regular forces” refers to civilian officials or active-duty armed forces. The panel found that 10 U.S.C. § 12406(3)’s condition for federalization was not met under either interpretation, as there was “insufficient evidence that protest activity in Illinois has significantly impeded the ability of federal officers to execute federal immigration laws.” And in the briefs filed with the Supreme Court, both parties continued to assume that “regular forces” meant civilian law enforcement. 

After Georgetown Law professor Marty Lederman filed an amicus brief providing strong support for the district court’s interpretation, however, the Supreme Court requested additional briefing on this question from the parties. As the weeks went by without a ruling, it became clear that the Court was wrestling with legal questions far beyond the more straightforward (albeit weighty) issues of how much deference to extend to the president and whether the facts supported his assessment under the appropriate standard of review.

The Supreme Court’s Majority Ruling

The Supreme Court denied Trump’s application to stay the injunction in Illinois by a vote of 6-3. There were four separate opinions: the opinion of the Court on behalf of Justices John Roberts, Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson; a concurring opinion filed by Justice Kavanaugh; a dissent filed by Justices Samuel Alito and Clarence Thomas; and a separate dissent by Justice Neil Gorsuch. 

The six justices in the majority agreed with the district court and Prof. Lederman that the term “regular forces” means the active-duty armed forces. There is, indeed, overwhelming support for this interpretation in the legislative history and contemporaneous historical documents. To be sure, this interpretation leads to a counterintuitive result: In addressing domestic disturbances, the president (at least under 10 U.S.C. § 12406(3)) must turn first to the professional, full-time armed forces, rather than summoning the local, part-time “citizen soldiers” of the National Guard. In modern times, this feels like using a Howitzer when a pistol would suffice. As Prof. Lederman pointed out, however, this order of operations made more sense in 1908, when the statute was enacted. At the time, the state militia were perceived (in the words of a leading treatise) to be “inefficient, ill led, ill equipped, and undisciplined,” and their deployment “invariably” led to “bloodshed and casualties resulted.” By contrast, the active-duty armed forces “were believed inherently nonpartisan, more reliable, and more efficient.” 

In his concurrence, Justice Kavanaugh noted that, “[o]n the current record . . . it does not appear that the President has yet made the statutorily required determination that he is ‘unable’ with the U. S. military, as distinct from federal civilian law enforcement officers, to ensure the execution of federal law in Illinois.” Justice Kavanaugh would have denied the stay application on that basis alone; he saw no need to proceed any further. Of course, Trump could easily cure that procedural defect, thus restarting the entire process. 

Rather than invite such delay, the five other justices in the majority squarely addressed whether Trump was “unable” to execute the laws using active-duty armed forces. As a threshold matter, they determined that, “[b]ecause the statute requires an assessment of the military’s ability to execute the laws, it likely applies only where the military could legally execute the laws.” This is a crucial point, as the administration had argued that a lack of legal authority to deploy the active-duty military would itself render the president “unable with the regular forces to execute the laws.” 

The five justices then observed that the Posse Comitatus Act (PCA) prohibits using the active-duty military to execute the laws absent an express statutory or constitutional exception. Trump, they noted, had not invoked a statutory exception that would permit deployment of active-duty troops. (The opinion does not explicitly reference the Insurrection Act, but that is presumably what the justices had in mind.) The only authority the administration invoked that would permit such deployment was an “inherent constitutional authority that, according to the Government, allows [the president] to use the military to protect federal personnel and property.” 

The administration did not argue that this claimed constitutional authority constitutes an exception to the PCA that allows federal armed forces to execute the law. After all, an “inherent” constitutional power cannot be an “express” exception, as required by the PCA. (Indeed, the PCA’s legislative history suggests that there are no constitutional exceptions.) Rather, relying on a Department of Justice opinion from the Nixon era, the administration argued that protecting federal property, personnel, and functions does not constitute “executing the laws,” and so the PCA simply doesn’t apply. 

The five-justice majority, however, refused to let the administration have it both ways. If such protective functions do not constitute “executing the laws,” the majority reasoned, then National Guard forces cannot be federalized and deployed to perform such functions under a statute (10 U.S.C. § 12406(3)) that authorizes deployment for the purpose of “executing the laws of the United States.” In other words, either the PCA applies and would presumably bar deployment of active-duty troops, or it doesn’t apply—and, for the same reason, neither does 10 U.S.C. § 12406(3). 

What Options Might (or Might Not) Remain for the Trump Administration

Deployment of Active-Duty Armed Forces Under Claimed Constitutional Authority 

In theory, the majority decision does not squarely foreclose the deployment of active-duty troops under a claim of inherent constitutional authority to protect federal personnel and property, divorced from any reliance on 10 U.S.C. § 12406(3). However, the majority’s reasoning—and the administration’s own representations in the litigation—would pose significant barriers to this approach. 

Significantly, the majority did not recognize that the president actually has inherent constitutional authority to deploy federal troops to protect federal property, personnel, and functions. In his “outstanding definitive treatment of the issue” (as described by Jack Goldsmith), Professor Chris Mirasola has made a strong case that there is no such inherent power. And even if one existed, Prof. Mirasola explains that it has been displaced by a comprehensive statutory framework vesting protective responsibilities in multiple civilian agencies and limiting military support for civilian government. 

The majority’s opinion provides yet another reason to reject the executive branch’s claim of inherent authority. The administration asserts that this authority derives from the Take Care Clause, under which the president “shall take Care that the Laws be faithfully executed.” But the administration has also argued that federal protective functions do not constitute “executing the law.” If that is correct, the president cannot rely on the Take Care Clause for the same reason the majority ruled that he could not rely on 10 U.S.C. § 12406(3): he cannot invoke an authority to execute the law as a basis for deploying troops to do something that is not executing the law.

As noted above, the majority did not resolve whether deploying troops to protect federal property, personnel, and functions constitutes executing the law. In fact, the actions National Guard forces were authorized to perform in California, Oregon, and Illinois—actions such as security patrols, crowd control, and traffic control—would clearly constitute “executing the laws” under the PCA as interpreted by the courts. The administration, however, is unlikely to reverse its position on this question. Even if doing so would remove one hurdle to relying on the Take Care Clause (many others still remain), it would leave the administration without any serious way around the PCA.

On this point, Justices Alito and Thomas—who accept virtually every one of the administration’s arguments in their dissent—make a basic error. They express incredulity that “the Posse Comitatus Act somehow limit[s] a President’s inherent constitutional authority” (an authority that they wholeheartedly embrace). But the seminal case of Youngstown Sheet & Tube Co. v. Sawyer establishes that Congress may limit a president’s constitutional authority as long as Congress is acting within its own constitutional authority. As Prof. Mirasola has recounted, Congress plainly has authority to enact legislation regarding the protection of federal property, personnel, and functions, and it has done so—uncontroversially—through an extensive set of statutes.

Deployment of active-duty troops would face another barrier, this one political as much as legal. In its briefing before the Supreme Court, the administration argued that, while it had legal authority to deploy active-duty troops, it was “unable,” for purposes of 10 U.S.C. § 12406(3), to execute the laws in Chicago using those troops. Its reasoning is remarkable and merits reproducing in full (with internal citations deleted): 

Here, the President could reasonably determine that using the standing military rather than the National Guard to protect DHS personnel and property in Illinois would significantly impede execution of the federal immigration laws because the standing military is less well suited than the National Guard to perform such protective functions on the streets of American cities. After all, the standing military’s primary function is to win wars by deploying lethal force against foreign enemies, whereas the National Guard traditionally helps to keep the peace among the citizenry during domestic disturbances. In fact, one of respondents’ own witnesses, a retired Army general, stated that soldiers in the standing army have “an aggressive mindset” because their “mission” is to “destroy the enemy,” not “try to prevent confrontation and reduce the use of lethal force.” Likewise, given the strident opposition of state and local political leaders, who are actively campaigning for DHS to leave Illinois and have compared federal agents to roving bands of violent criminals and Nazi troopers, the President could reasonably have determined that deploying the standing military would result in even more strident resistance, resulting in even more “tepid” support from state and local police. Similarly, the nature of the violent opposition encountered may have led the President to conclude that the National Guard, not the standing military, is uniquely adapted to achieve the protective mission. As violent mobs confronted ICE agents in Chicago, leading them to fear for their lives on a daily basis, the President could reasonably have determined that the members of the National Guard—with their greater local knowledge, ties to the community, and domestic focus—would be more effective than active-duty soldiers in addressing those threats.

That is a stunning concession. Not only would active-duty troops be less effective (according to the administration) in providing protective functions; they are so poorly suited to such a mission that their deployment would “significantly impede execution of the federal immigration laws.” It is difficult to see how the administration could justify deploying active-duty armed forces after such a representation. At a minimum, any such action would be even more politically fraught than it would otherwise have been.

Invocation of the Insurrection Act 

The majority opinion does not address the Insurrection Act, merely noting that Trump had invoked no statutory authority to deploy active-duty troops. Trump thus retains this option, at least in theory. But here, too, the majority opinion creates a potential obstacle.

Of course, the initial question would be whether an Insurrection Act invocation is subject to any judicial review (the administration argues that it is not). The majority opinion sheds no light on whether courts could review the president’s assessment of the facts and, if so, under what standard. However, the majority’s willingness to construe the term “regular forces” strongly suggests that the Court would find no impediment to courts construing the terms of the Insurrection Act.

The Insurrection Act allows the president to deploy active-duty troops or federalized National Guard forces under circumstances set forth in three separate provisions. The first of these provisions authorizes deployment when a state requests assistance to suppress an insurrection against the state’s government. That provision clearly would not apply in California, Oregon, or Illinois. 

The second and third provisions do not require an insurrection or a state request for assistance. However, while they are less direct and succinct on this point than 10 U.S.C. § 12406(3), they both contain language indicating that the purpose of any deployment under the statute is to enable execution of the law. The second provision reads:

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion [emphasis added].

Similarly, the third provision provides that the president may deploy troops to suppress an “insurrection, domestic violence, unlawful combination, or conspiracy,” but only if the circumstance in question either (1) “hinders the execution of the laws of that State, and of the United States within the State” in a way that leads to civil rights deprivations, or (2) “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws” (emphasis added).

Both provisions thus frame deployment as a means to execute the law in the face of obstructions to such execution. Yet the administration, in seeking to insulate its claim of inherent constitutional authority from the PCA, has insisted that protecting federal property, personnel, and functions is not executing the law. 

In theory, the administration could safely abandon that position when invoking the Insurrection Act, as the statute is widely understood to provide an exception to the PCA. In practice, though, it would be extremely awkward for the administration to perform such a complete reversal of its own position—and the longstanding position of the Department of Justice—before the courts. Moreover, it would undermine any concurrent or future attempts to rely on the claim of inherent constitutional authority. 

The administration would no doubt argue that protective functions can be in service of executing the law even if they are not, themselves, law execution. But that same logic would apply in the context of 10 U.S.C. § 12406, which—like the Insurrection Act—references execution of the laws in describing the problem deployment is meant to solve, not the actions troops may take. The majority’s opinion makes clear that if the goal of deployment under the statute is the execution of the law, the statute does not authorize deployment for non-law-execution functions. Accordingly, if the administration sticks to the legal fiction that protective functions are not executing the law, the Court could well find that the Insurrection Act does not provide authority for them. 

***

The majority opinion thus not only forecloses Trump’s reliance on 10 U.S.C. § 12406; it poses significant challenges for any future attempt to deploy active-duty troops under a claim of inherent constitutional authority or to invoke the Insurrection Act for the purpose of protecting federal property, personnel, and functions. And Justice Gorsuch’s dissent suggests a potentially even greater hurdle for the administration. Even though Justice Gorsuch would have granted the stay on the limited record before the Court, he emphasized the need for further briefing on the “sensitive and gravely consequential questions concerning what roles the National Guard and U.S. military may play in domestic law enforcement.” In particular, he posed a question that went beyond even the plaintiffs’ presentation of the issues: “When, if ever, may the federal government deploy the professional military for domestic law enforcement purposes consistent with the Constitution?”

For more than two centuries, the Court has managed to avoid confronting that question. If Trump continues to abuse the military to police protests in U.S. cities, the Court might finally be induced to answer it.

The post <i>Trump v. Illinois</i>: A Narrow Supreme Court Decision with Broad Implications appeared first on Just Security.

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Collection: Just Security’s Coverage of Trump Administration Executive Actions https://www.justsecurity.org/106653/collection-trump-administration-executive-actions/?utm_source=rss&utm_medium=rss&utm_campaign=collection-trump-administration-executive-actions Fri, 09 Jan 2026 13:00:41 +0000 https://www.justsecurity.org/?p=106653 Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.

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On Jan. 20, President Donald Trump began his term with presidential actions including 26 executive orders, with more expected to follow. Just Security is covering key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more.

Originally published Jan. 21, 2025, and frequently updated.

A. Resources

Tracker: Legal Challenges to Trump Administration Actions 

B. “What Just Happened” Series

Mark Nevitt, Trump, the National Guard, and the District of Columbia: What You Need to Know (Aug. 18, 2025)

Kathleen Claussen, What Just Happened: The Tariff Litigation Advances (Jun. 4, 2025)

Chiraag Bains, What Just Happened: The Trump Administration’s Dismissal of Voting Rights Lawsuits (May 27, 2025)

Dani Schulkin, Tess Bridgeman and Andrew Miller, What Just Happened: The Trump Administration’s Reorganization of the State Department – and How We Got Here (Apr. 22, 2025)

Stefanie Feldman, What Just Happened: The Trump Administration Repealed Zero Tolerance Policy for Rogue Gun Dealers (Apr. 15, 2025)

Kathleen Claussen, What Just Happened: The Trump Administration’s Latest Moves on Tariffs (Apr. 3, 2025)

Ahilan Arulanantham and Adam Cox, Explainer on First Amendment and Other Legal Issues in Deportation of Pro-Palestinian Student Activist(s) (Mar. 12, 2025)

Brett Holmgren, What Just Happened: Security and Foreign Policy Implications of Pausing Intelligence Sharing with Ukraine (Mar. 6, 2025)

Nicholas Bednar, What Just Happened: Musk-OPM Send Email to Federal Employees Asking for Five Accomplishments (Feb. 22, 2025)

Roderick M. Hills, What Just Happened: Purges at the DOJ and FBI – How Do and Don’t the Civil Service Laws Apply (Feb. 14, 2025)

Alex Finley, What Just Happened: Security Implications of Trump’s Efforts to Trim the CIA Workforce (Feb. 7, 2025)

Jonathan Hafetz and Rebecca Ingber, What Just Happened: At Guantanamo’s Migrant Operation Center (Feb. 6, 2025)

Kathleen Claussen, What Just Happened: New Tariffs on Products from Mexico, Canada, and China (Feb. 5, 2025)

Tess Bridgeman, What May Be About to Happen: Can the President Dissolve USAID by Executive Order? (Feb. 1, 2025)

Brad Brooks-Rubin, What Just Happened: Trump’s Termination of West Bank Settler Sanctions (Jan. 30, 2025)

William Banks, What Just Happened: The Framing of a Migration “Invasion” and the Use of Military Authorities (Jan. 29, 2025)

Ilya Somin, What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications (Jan. 28, 2025)

Tom Ellison, What Just Happened: Trump’s Executive Actions on Environment and Implications for US Climate Security (Jan. 24, 2025)

Ahilan Arulanantham, What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability (Jan. 23, 2025)

Andrew Weissmann, What Just Happened: What Trump’s Hobbling Privacy Oversight Board Portends for Exercise of Surveillance Powers (Jan. 22, 2025)

Justin Hendrix, What Just Happened: Trump’s Announcement of the Stargate AI Infrastructure Project (Jan. 22, 2025)

Tom Joscelyn, What Just Happened: Trump’s January 6 Pardons and Assaults on Law Enforcement Officers By The Numbers (Jan. 22, 2025) 

Mark Nevitt, What Just Happened: Unpacking Exec Order on National Emergency at the Southern Border (Jan. 21, 2025)

Tess Bridgeman and Rebecca Hamilton, What Just Happened: With ICC Sanctions (Jan. 21, 2025)

Sue Biniaz, What Just Happened: Withdrawing from Paris and other International Environmental Agreement Actions (Jan. 21, 2025)

C. Analysis and Perspectives

Elizabeth Goitein, Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications (Jan. 9, 2026)

Harold Hongju Koh, Bruce Swartz, Madeline Babin, Saavni Desai, Samantha Kiernan, Ananya Agustin Malhotra, Pete Nelson, Jake Reagan, Summia Tora and Julian Watrous, A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext (Nov. 3, 2025)

Kelsey Merrick, The Use of Tariffs to Raise Revenue is a Choice for Congress, not the President (Nov. 3, 2025)

Thomas E. Brzozowski, How Designating Antifa as a Foreign Terrorist Organization Could Threaten Civil Liberties (Oct. 27, 2025)

Cathy Buerger, Repression as Rescue: The Authoritarian Logic of Trump’s Early Executive Orders (Sept. 25, 2025)

Himamauli Das, Rethinking IEEPA Accountability and Oversight (Sept. 18, 2025)

Conner Bender, America’s Missile Shield Raises Legal and Cybersecurity Concerns (Aug. 27, 2025)

Devika Hovell, Raising the Cost of U.S. Coercion Against the ICC (Aug. 26, 2025)

Jordan Ascher, The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705 (Aug. 22, 2025)

Andrew Miller and Kelly L. Razzouk, Save the PMF Program or Risk Losing a Generation of Public Servants (Aug. 1, 2025)

Michael Schiffer, Congress Shrinking from the World: the Constitution’s Article I in the Shadow of Trump 2.0 (July 23, 2025)

Ryan Goodman, Understanding DHS’s and ICE’s New Powers in Comparative Perspective (July 21, 2025)

Samuel Estreicher and Andrew Babbitt, Court of International Trade’s Flawed Ruling in Striking Down Trump’s Tariffs (July 14, 2025)

Lisa Larrimore Ouellette, The Trump Administration’s Multi-Front Assault on Federal Research Funding (July 9, 2025)

Bruce Swartz, Will to Resist: What Dartmouth Teaches Harvard About Protecting American Freedom (July 7, 2025)

John Lewis and Jordan Ascher, Pathways to “Universal” Relief after Trump v. CASA (July 3, 2025)

Harold Hongju Koh, Alan Charles Raul and Fred Halbhuber, After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions (June 30, 2025)

Rebecca Hamilton, The Trump Administration’s Use of State Power: Keeping Track of the Big Picture (updated June 30, 2025)

Ilya Somin, Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties (June 26, 2025)

Elizabeth Goitein, Federal Troops in Drug Raids Outside of Los Angeles: An Alarming Escalation (June 25, 2025)

Ryan Goodman and Steve Vladeck, The Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump  (June 20, 2025)

Adam Grogg and John Lewis, The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment (Jun. 17, 2025)

Rachel Levinson-Waldman and Melanie Geller, How DHS’s New Social Media Vetting Policies Threaten Free Speech (Jun. 17, 2025)

Scott Busby and Charles O. (Cob) Blaha, How the Proposed State Department Reorganization Guts U.S. Human Rights Diplomacy (Jun. 6, 2025)

Cathy Buerger, Unequal Before the Law: How Trump’s Death Penalty Order Codifies Dangerous Speech (Jun. 6, 2025)

Suzanne Summerlin, Too Big to Be Lawful: A Federal Court Halts Mass Layoffs Across the Civil Service (Jun. 3, 2025)

Kristin A. Collins, Gerald Neuman and Rachel E. Rosenbloom, Another Reason Trump’s Birthright Citizenship Order is Unlawful (May 15, 2025)

Mark Nevitt, The New “National Defense Area” at the Southern Border: What You Need to Know (Apr. 29, 2025)

Harold Hongju Koh, Fred Halbhuber and Inbar Pe’er, No, the President Cannot Enforce the Law-Firm Deals (Apr. 28, 2025)

Paul M. Barrett, Justice Department Fails to Address Central Point in VOA Case (Apr. 24, 2025)

Ahilan Arulanantham, Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial (Apr. 23, 2025)

Aadhithi Padmanabhan, The Fox TV Problem with Deporting International Students (Apr. 21, 2025)

John Mikhail, Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs (Apr. 18, 2025)

Paul M. Barrett, Unpacking the Voice of America Litigation (Apr. 10, 2025)

Harold Hongju Koh, Fred Halbhuber and Inbar Pe’er, No, the President Cannot Issue Bills of Attainder (Apr. 9, 2025)

Francisco Bencosme and Michael Schiffer, America’s Absence in Myanmar’s Early Earthquake Response: A Moral and Strategic Failure (Apr. 4, 2025)

Marty Lederman, Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court (Apr. 3, 2025)

Stephanie Psaki and Beth Cameron, Dropping U.S. Biodefenses: Why Cuts to Federal Health Agencies Make Americans Less Safe (Apr. 3, 2025)

Edgar Chen and Chris M. Kwok, The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship (Mar. 28, 2025)

Mary B. McCord, Dissecting the Trump Administration’s Strategy for Defying Court Orders (Mar. 25, 2025)

Rebecca Hamilton, The Imperative of Solidarity in Response to Assaults on Legal Services, Universities, and Independent Media (Mar. 24, 2025)

Andrew Weissmann, The New “Blacklists” Work When Law Firms Stay Silent (Mar. 24, 2025)

Katherine Yon Ebright, The Courts Can Stop Abuse of the Alien Enemies Act – The Political Question Doctrine is No Bar (Mar. 20, 2025)

Rebecca Ingber and Scott Roehm, The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture (Mar. 20, 2025)

Mark Pomar, Trump Move to Eliminate VOA, RFE/RL Ignores Lessons of Global Power (Mar. 20, 2025)

Jean Garner, Journalists Who Took Risks for US-Funded Broadcasters Threatened Anew by Trump Shutdown (Mar. 18, 2025)

Ambassador Daniel Fried, The US Government’s Self-Harm in Killing Radio Free Europe/Radio Liberty (Mar. 17, 2025)

Faiza Patel, U.S. AI-Driven “Catch and Revoke” Initiative Threatens First Amendment Rights (Mar. 18, 2025)

Steve Vladeck, 5 Big Questions in the Alien Enemies Act Litigation (Mar. 16, 2025)

Noor Hamadeh and David McKean, Suspension of FCPA Enforcement Is Bad for U.S. and Global Business (Mar. 13, 2025)

Brian O’Neill, The President’s Declassification Power is a Double-Edged Sword (Feb. 28, 2025)

Michael Schiffer and Anka Lee, Trump’s China Tariff Now Treats Hong Kong the Same as the Mainland, a First in US Policy (Feb. 27, 2025)

Bill Frelick, The Racial Twist in Trump’s Cutoff of Refugee Admissions (Feb. 27, 2025)

Daniel Jacobson, The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds (Feb. 24, 2025)

Mark Nevitt, How the Pentagon Personnel Firings Threaten Our Apolitical Military (Feb. 24, 2025)

Brian Finucane, U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive (Feb. 20, 2025)

Tobias Barrington Wolff, The Attempt to Purge Trans Members from the Armed Services (Feb. 19, 2025)

Elizabeth Goitein and Katherine Yon Ebright, Trump’s Doubly Flawed “Invasion” Theory (Feb. 19, 2025)

Seth Binder, Sheridan Cole, and Haydn Welch, The Disastrous Costs of the Foreign Foreign Aid Freeze on US Interests in the Middle East and North Africa (Feb. 14, 2025)

Laura Booth, Can the President Dismantle the Department of Education by Executive Order? (Feb. 14, 2025)

Scott Busby, Freezing Support to Democracy and Human Rights Activists Undermines US Interests (Feb. 13, 2025)

Laura Thornton, Supporting Freedom and a Foreign Aid Freeze are Incompatible – But Perhaps the Point? A Case Study (Feb. 13, 2025)

Donell Harvin, The Need for Course Correction: The Risks of Treating Drug Cartels as Terrorist Threats (Feb. 12, 2025)

Winona Xu, As Sexual Violence Surges in Goma, US Aid Remains Crucial (Feb. 12, 2025)

16 US Human Rights Experts, Current and Former Members of UN Bodies, “The Trump Administration’s Attacks on International Law and Institutions”: Public Statement of American Human Rights Experts, Current and Former Members of UN Bodies (Feb. 10, 2025)

Simon Lomax, Greg Clough, Morgan Bazilian, Restarting US LNG Permitting Brings Geopolitical Benefits and the Potential for Climate Progress (Feb. 10, 2025)

Rebecca Hamilton, Connecting the Dots: Trump’s Tightening Grip on Press Freedom (Feb. 6, 2025)

Rachel Levinson-Waldman, The Dangerous Sweep of Trump’s Plan to Designate Cartels as Terrorist Organizations (Feb. 5, 2025)

Marty Lederman, The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases (Feb. 4, 2025)

Suzanne Summerlin, Federal Employee Rights: What Probationary Employees Need to Know (Jan. 31, 2025)

Faiza Patel, Trump’s Executive Order on Foreign Terrorists: Implications for the Rights of Non-Citizens (Jan. 31, 2025)

Sara Zdeb, The Real Reason Trump’s Purge of Career DOJ Officials Should Alarm You (Jan. 30, 2025)

Suzanne Summerlin, Beware the “Deferred Resignation” Offer: A Legally Dubious Proposal for Federal Employees (Jan. 29, 2025)

Stuart Gerson, Understanding Trump’s Choice for FBI Leadership in Light of the “Weaponization of the Federal Government” Executive Order (Jan. 29, 2025)

Adam Cox and Trevor Morrison, Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us (Jan. 28, 2025)

Ambassador Donald Steinberg, `Elections Have Consequences’: Trump and Rubio’s Foreign Aid Halt Will Hit the World’s Most Vulnerable (Jan. 28, 2025)

Dafna H. Rand, Stopped Security Assistance: From Counter-Narcotics to Combating Human Trafficking Programs (Jan. 28, 2025)

Andrew Weissman, Why has the Trump Justice Department Not Moved to Dismiss the Case Against Trump’s Co-Defendants in the FLA Classified Documents Case? (Jan. 28, 2025)

Michael Schiffer, Stop-Work Order on US Foreign Aid Puts China First and America Last (Jan. 27, 2025)

Ambassador (Ret.) Dennis Jett, Deprofessionalizing the State Department Is a Threat to National Security (Jan. 24, 2025)

Jean Galbraith, The Legal Problem with Trump’s WHO Order: The US Cannot Withdraw Until It Pays Its Dues (Jan. 23, 2025)

Alex Abdo, A Free Speech View on the “Free Speech” Executive Order (Jan. 21, 2025)

Xiangnong (George) Wang, President Trump’s Attempt to “Save” TikTok is a Power-Grab that Subverts Free Speech (Jan. 21, 2025)

“What Just Happened” Podcast Series

David Aaron, Brian Netter and Mark Nevitt, Federalization of DC Law Enforcement, Legal Authorities and Updates (Aug. 20, 2025)

David Aaron, Carrie Cordero and Donell Harvin, Federalization of Law Enforcement in Washington DC (Aug. 14, 2025)

David Aaron and Steven Cash, The Budget Bill and the Future of DHS and ICE (July 18, 2025)

Chiraag Bains, Dani Schulkin and Maya Nir, Dismissal of Voting Rights Lawsuits (June 2, 2025)

Ambassador Daniel Fried, Dafna H. Rand, Michael Schiffer, Michael Hanna, Rachel Goldbrenner and Maya Nir What’s Next for U.S. Diplomacy and Foreign Assistance (May 19, 2025)

Ryan Goodman, Tom Joscelyn, Mary B. McCord, Paras Shah and Clara Apt, Politicization and Weaponization of the Justice Department in the Second Trump Administration (Mar. 6, 2025)

David Aaron, Kevin Carroll, Paras Shah and Clara Apt, CIA Officers’ Lawsuit at Intersection of DEI and National Security (Mar. 4, 2025)

David Aaron, Tess Bridgeman and Suzanne Summerlin, Understanding Federal Employee Rights (Feb. 18, 2025)

David Aaron, Tess Bridgeman, Ryan Goodman and Mark Nevitt, Potential U.S. Military Domestic Deployment for Immigration Enforcement (Jan. 28, 2025)

Steve Vladeck, David Aaron, Tess Bridgeman and Ryan Goodman, Trump’s Immigration Executive Orders (Jan. 22, 2025)

IMAGE: President Donald Trump signs executive orders in the Oval Office on January 20, 2025 in Washington, DC. Trump takes office for his second term as the 47th president of the United States. (Photo by Anna Moneymaker/Getty Images)

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The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability https://www.justsecurity.org/117267/anti-corruption-tracker/?utm_source=rss&utm_medium=rss&utm_campaign=anti-corruption-tracker Fri, 09 Jan 2026 08:00:09 +0000 https://www.justsecurity.org/?p=117267 This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch.

The post The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability appeared first on Just Security.

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This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch—watchdog offices closed, enforcement units disbanded, oversight officials removed, and transparency rules hollowed out. These changes don’t always make headlines, but together, they create a more permissive environment for corruption and abuse of power to take root.

Tensions between the exercise of power and its oversight exist in every administration. What sets the current moment apart is the scale and coordination of changes that undermine the systems meant to detect, deter, and document abuse of power. This tracker includes, for example, firing inspectors general and independent agency heads, pausing or narrowing enforcement of the Foreign Corrupt Practices Act, disbanding key investigative and prosecutive units, and asserting greater presidential control over independent agencies—moves that significantly reduce internal accountability mechanisms and shift power toward political appointees.

While some of these changes may reflect real reform goals, taken cumulatively, they change not just how – but whether – use of power is scrutinized and constrained, and, ultimately, whether it is exercised in the public interest. 

Each entry below includes a date, short description, and additional context of why the change matters. Key topics include:

This is a regularly updated document. If we’ve missed something, let us know at LTE@justsecurity.org. You can find more about our overall approach to the tracker and our corresponding series here.

 

Date Of ActionTopicsActionAdditional ContextGovernment Entity
2026-01-08Enforcement PrioritiesVice President J.D. Vance announces the creation of a new Assistant Attorney General (AAG) position and DOJ division focused on investigating and prosecuting fraud nationwide. According to Vance, the position would be “run out of the White House,” and answer directly to himself and President Trump.

Per the accompanying White House Fact Sheet, the new DOJ division will “enforce the Federal criminal and civil laws against fraud targeting Federal government programs, Federally funded benefits, business nonprofits, and private citizens nationwide.”
There are 11 congressionally-authorized AAG positions as set forth in 28 USC § 506. Creation of an entirely new DOJ Division has historically required congressional authority, and it is unclear whether the administration will seek this authority.Executive Office of the President (EOP); Department of Justice (DOJ)
2025-12-16 Oversight and Watchdog FunctionsDemocratic members of Congress send an oversight letter to Attorney General Pam Bondi requesting information about what they characterize as an improper pattern of favorable DOJ actions on behalf of her brother, Brad Bondi, and his clients.The letter alleges favorable DOJ interventions, dismissals, and other outcomes in matters involving clients of Brad Bondi. The letter asserts DOJ has repeatedly intervened in litigation or dismissed criminal cases involving clients represented by Brad Bondi. These outcomes, the lawmakers argue, “consistently favor” those clients and raise doubts about DOJ’s impartiality and compliance with federal ethics rules.Department of Justice (DOJ)
2025-12-10Enforcement PrioritiesU.S. Customs and Immigration Services launches the previously-announced Trump Gold Card visa program, enabling foreigners to pay $1 million (or for a company to pay $2 million to sponsor a foreigner) for expedited permanent residency. EB-5 visas were created in 1990 as a method for immigrants to obtain green cards if they invested at least $800,000 to $1 million in a company that employs at least 10 people. The administration’s new “Gold Card” program departs from this framework by eliminating the job-creation requirement and permitting individuals to obtain expedited permanent residency through a direct payment of $1 million (or $2 million if paid by a sponsoring company), rather than through an investment tied to employment outcomes.U.S. Customs and Immigration Services (USCIS)
2025-11-18Federal WorkforceDuring a conference call with more than 200 agency HR leaders, a senior advisor at the Office Personnel Management (OPM) says that the final Schedule Policy/Career regulations will cite “accountability to the president” as grounds for stripping tens of thousands of career federal employees of their civil service protections. Reinstated in January 2025, Schedule Policy/Career is a new job classification that will convert career policy-related positions into at-will positions, effectively eliminating civil service protections (such as those affecting rights after termination) for tens of thousands of federal workers. Office of Personnel Management (OPM)
2025-11-14Enforcement PrioritiesFBI director Kash Patel waives polygraph exam requirement for newly hired FBI Deputy Director, Dan Boningo, and two senior FBI staff, Marshall Yates and Nicole Rucker.According to the FBI’s employment guidelines, all employees must obtain a “Top Secret” security clearance, which includes a polygraph test. Polygraph tests are part of the broader background check conducted on all potential FBI employees, used to vet whether candidates’ pose any national security or suitability concerns. These security measures safeguard sensitive intelligence information.

While polygraph results are not determinative and have recognized limitations, the exam remains a mandatory element of FBI clearance adjudication. These waivers appear to be a departure from the normal FBI vetting process.
Federal Bureau of Investigation (FBI)
2025-11-5Federal Workforce OPM and OMB publish guidance requiring agencies to create Strategic Hiring Committees led by, and composed of a majority of, non-career officials.The guidance—which follows Executive Order 14356, “Ensuring Continued Accountability in Federal Hiring” —directs that any hiring plan be consistent with administration priorities, agency needs, and the Merit Hiring plan.Office of Management and Budget (OMB); Office of Personnel Management (OPM)
2025-11-03Federal WorkforceThe FBI fires four agents who worked on former Special Counsel Jack Smith’s team that investigated President Trump. Two of those agents were later informed that the terminations were being rescinded. Several other agents were also terminated, only to later have those firings reversed. Since January, dozens of FBI agents, prosecutors, and support personnel who worked on Smith’s investigation or handled cases investigating individuals involved in the January 6 attack have been fired from the Justice Department. These firings are a part of a larger pattern of reprisals of Justice Department personnel who the Trump administration considers partisan. According to the FBI Agents Association, “Director Patel has disregarded the law and launched a campaign of erratic and arbitrary retribution.”Federal Bureau of Investigation (FBI)
2025-11-03Oversight and Watchdog FunctionsJoe Allen, the U.S. Federal Housing Finance Agency’s (FHFA) acting inspector general, is removed from his role.FHFA is an independent agency created in 2008 and charged with regulating Fannie Mae, Freddie Mac, and the Federal Home Loan Bank System.

Joe Allen’s removal follows a series of controversial actions by FHFA Director Bill Pulte. Under Pulte’s leadership, the agency has issued public criminal referrals targeting several of the former president’s political opponents, including New York Attorney General Letitia James, Federal Reserve Board Governor Lisa Cook, and California Senator Adam Schiff.

Allen was notified of his termination shortly after attempting to share key information with federal prosecutors in the Eastern District of Virginia and while preparing to alert Congress that the FHFA was refusing to cooperate with its Inspector General’s Office.
Federal Housing Finance Agency (FHFA)
2025-10-30Oversight and Watchdog FunctionsThe Trump administration fires roughly a dozen officials within Fannie Mae’s ethics and internal investigations unit.Fannie Mae is the government-backed mortgage giant under the control of FHFA. The Fannie Mae ethics team investigated complaints that come in through a tip line, including allegations of internal fraud or the illegal use of funds. According to people familiar with the matter, the officials had been probing if Trump appointee Bill Pulte had improperly obtained mortgage records of key Democratic officials, including New York Attorney General Letitia James.

The unit’s shrinking is part of a 62-person reduction in force, as the Trump administration considers an initial public offering of shares in the company, and follows the firing of Fannie Mae’s chief ethics officer. The general counsel also recently stepped down after reportedly being pressured by leadership.
Federal Housing Finance Agency (FHFA)
2025-10-29Federal WorkforcePresident Trump fires all six members of the Commission of Fine Arts, an independent federal agency that was expected to review some of President Trump’s construction projects, including the new ballroom and Arch.The Commission, established by Congress in 1910, is charged with providing expert design advice and public-interest oversight of federal construction in the D.C. area. White House officials have traditionally sought the agency’s approval, although it is not clear whether their approval was necessary for the East Wing ballroom and the triumphal arch.

President Trump reportedly plans to appoint a new slate of members to the commission that are “more aligned with President Trump’s ‘America First’ policies,” per an official.

Biden in 2021 fired Trump appointees from both the Commission of Fine Arts and the National Capital Planning Commission, with Biden administration officials at the time defending the moves as an effort to diversify the panels. It was the first time in the commissions’ history that a president had forced out sitting members, drawing some criticism from art and architecture experts that Biden was politicizing its work.
Commission of Fine Arts
2025-10-21Enforcement PrioritiesNew reporting reveals that President Trump has submitted demands that the Justice Department pay him roughly $230 million in compensation for the federal investigations into him.In late 2023 and summer 2024, President Trump submitted administrative claims to the Justice Department on a “Standard Form 95,” which is used to see if a settlement can be reached without a lawsuit in federal court.

This type of settlement must be approved by the Deputy Attorney General or Associate Attorney General, according to Justice Department regulations, both of whom have defended Trump or individuals associated with the President prior to joining the Department.
Department of Justice (DOJ)
2025-10-15 Federal Workforce President Trump issues Executive Order 14356, “Ensuring Continued Accountability in Federal Hiring,” restricting agencies from filling vacant positions or creating new ones unless approved under the Order or required by law. The E.O. requires all hiring to comply with the administration’s Merit Hiring Plan and directs each agency to establish a Strategic Hiring Committee to approve any hiring actions.The E.O. requires that agencies submit an Annual Staffing Plan to OPM and OMB, prioritizing positions aligned with administration priorities and reducing “low-value” contractor roles. It also imposes new reporting requirements and bars agencies from using contracting to circumvent hiring restrictions. The E.O. exempts certain political, national-security, and public-safety positions.Office of Management and Budget (OMB); Office of Personnel Management (OPM)
2025–10–15Federal WorkforcePresident Trump reportedly removes the Inspector General of the Export-Import Bank of the United States (EXIM).Parisa Salehi, who had been the Inspector General of EXIM since 2022, had previously served in senior roles in IG offices within the State Department and USAID. She reportedly received a notice that her firing was effective immediately due to the administration’s “changing priorities.” The removal occurred without the White House providing Congress with advance notification or a rationale for the firing.Export-Import Bank of the United States (EXIM)
2025-10-07Enforcement PrioritiesFBI Director Kash Patel announces that the FBI’s public corruption squad, known as CR15, has been “dismantled.”The public corruption squad, which operated out of the Washington Field Office, was reportedly the unit that helped special counsel Jack Smith in his investigation into President Donald Trump.

Note: On May 1, 2025, FBI announced it was dismantling CR15, but the individual agents were not fired until Oct. 7.
Federal Bureau of Investigation (FBI)
2025-09-30Enforcement PrioritiesThe DOJ reportedly plans to split the tax division into the Civil and Criminal divisions, and likewise, split the Consumer Protection Branch (CPB) between the Civil and Criminal Divisions.Tax Division Split

The Tax Division oversaw federal criminal and civil tax enforcement. Previously, the Tax Division had to approve the opening of certain tax cases “to achieve uniform, broad, and balanced criminal tax enforcement.” Under the reorganization, tax cases are now split between the civil and criminal division, without a central authority overseeing such prosecutions. It is too early to tell the effects of this change, although some warn that the general loss of expertise through attorney departures and other potential changes could affect “the future of tax enforcement.”

CPB Dismantling

Like with the Tax Division reorganization, it is too early to tell the effects of the splitting of CPB, as the Enforcement & Affirmative Litigation Branch will now handle most of the civil cases previously handled by CPB, such as consumer fraud, healthcare fraud, veterans fraud, deceptive practices, and violations of the Food, Drug, and Cosmetic Act.
Department of Justice (DOJ)
2025-09-29Federal WorkforceAt least a third of senior career leaders have reportedly left the Justice Department since the start of President Trump’s second term.These reportedly include at least 107 career Justice Department senior managers in the span of eight months, out of roughly 320 career leadership positions immediately below presidential appointees. The divisions hit the hardest include those enforcing civil rights, immigration, and environmental laws.

Political appointees routinely change over when new presidents take office, but it is very rare for career members of the Senior Executive Service. Analysts warn this “brain drain” will take generations to rebuild, weakening DOJ’s institutional memory and capacity for independent enforcement.
Department of Justice (DOJ)
2025-09-20Oversight and Watchdog FunctionsThe Office of Management and Budget (OMB) moves to block funding to the Council of the Inspectors General on Integrity and Efficiency (CIGIE), forcing the government’s inspector general council to suspend its work.CIGIE serves as the coordinating body for 72 inspectors general across the federal government. It provides training, conducts peer reviews, and facilitates cross-agency oversight, while also managing Oversight.gov, the portal for whistleblower disclosures and public access to inspector general reports.

OMB justifies its decision to block funding to CIGIE on the grounds that inspectors general have become “corrupt, partisan, and in some cases, have lied to the public.” In response, Senators Chuck Grassley (R-Iowa) and Susan Collins (R-Maine), send a letter to OMB Director Russ Vought calling on OMB to reverse its decision to withhold apportionments for CIGIE.

Note: As of Oct. 1, 2025, at least 15 government oversight websites run by CIGIE were down, although it is not clear if this is due to the government shutdown or a more long-term shutdown. CIGIE’s homepage was replaced with a single line of text: “Due to a lack of apportionment of funds, this website is currently unavailable.” With the websites gone, so is access to the reports of those offices as well as legally required hotlines for whistleblowers.
Council of the Inspectors General on Integrity and Efficiency (CIGIE)
2025-09-20Enforcement PrioritiesTrump demands Attorney General Bondi prosecute political opponents, including former FBI Director James Comey, Rep. Adam Schiff, and New York Attorney General Letitia James, in Truth Social posts. Trump calls on Bondi to act immediately, writing that “[w]e can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!! President DJT.”The post marks one of President Trump’s clearest attempts to override norms that have typically insulated federal prosecutorial decisions from direct presidential intervention. Legal experts warn that such directives undermine the Justice Department’s independence and erode longstanding guardrails against politicized prosecutions.

Note: On Sept. 25, 2025, the DOJ indicted James Comey for making false statements and obstructing justice.
Department of Justice (DOJ)
2025-08-25Federal WorkforceThe DOJ reportedly dismantles apolitical career hiring practices within its Civil Rights Division.According to six current and former Justice Department attorneys, the prior practice of entrusting civil rights hiring decisions to career officials was specifically intended to safeguard the process from political interference. Since 2008, DOJ’s Civil Rights Division has used a merit-based hiring committee to insulate career attorney recruitment from political influence, following findings that earlier politicization violated federal civil service law. According to Bloomberg Law, the Trump administration is unwinding this system and returning hiring authority to political appointees.Department of Justice (DOJ)
2025-08-25Independent Agencies and Non-Government EntitiesPresident Trump announces the removal of Federal Reserve Governor Lisa Cook, citing allegations of mortgage fraud.Trump claims Cook provided conflicting information about her personal primary residence on separate mortgage applications, constituting “sufficient cause” for dismissal. Cook, who has not been charged with mortgage fraud and denies wrongdoing, responds that the president has “no authority” to fire her and that she will not resign.

Experts question the legal basis for Cook’s removal, noting that the Federal Reserve Act only allows termination “for cause,” and no modern president has ever attempted to fire a sitting Fed governor. Analysts warn that the move could undermine confidence in the central bank’s independence.
Federal Reserve
2025-08-18Enforcement PrioritiesRoger Alford, the former Deputy Assistant Attorney General in DOJ’s Antitrust Division, publicly accuses aides to Attorney General Pam Bondi of undermining the independence of antitrust enforcement.Alford alleges that Attorney General Bondi’s Chief of Staff Chad Mizelle and senior aide Stanley Woodward intervened in the DOJ’s merger review of Hewlett Packard Enterprise’s acquisition of Juniper Networks. Alford said the aides favored lobbyists and “MAGA friends” during settlement negotiations, resulting in a weak enforcement outcome.

Alford, who served in the first Trump administration, urged a federal court to scrutinize the settlement and block the merger, noting that he “experienced nothing remotely like this” when he served at the DOJ the last time.” He and another top DOJ antitrust official, William Rinner, were reportedly fired after objecting to the political interference.
Department of Justice (DOJ)
2025-08-08Independent Agencies and Non-Government EntitiesFBI Director Kash Patel reportedly fires three senior career FBI officials, including former Acting Director Brian Driscoll, via summary letters delivered by subordinates. The three officials later file a complaint alleging the removals violated their Due Process rights and statutory rights guaranteed by the FBI Senior Executive Service and were part of a campaign to enforce political loyalty. The complaint further describes a culture of politicization and dysfunction at the FBI since President Trump’s inauguration.Federal Bureau of Investigation (FBI)
2025-08-01Transparency and Public AccessMichael Seidel, longtime head of the FBI’s FOIA unit, is reportedly pushed out following internal disagreement over the process related to the Epstein files.Seidel was Chief of the FBI’s Record/Information Dissemination Section (RIDS) and was reportedly given the option to retire or be fired after resisting political pressure related to the disclosure process of a high-profile internal review led by Attorney General Pam Bondi and FBI Director Kash Patel of the Epstein files.Federal Bureau of Investigation (FBI)
2025-07-25Federal WorkforceApril Falcon Doss is fired from her position as General Counsel for the National Security Agency (NSA). The NSA General Counsel serves as the agency’s chief legal officer—a senior civil service role intended to be nonpartisan and protected from political interference. Doss was dismissed following criticism amplified by conservative activist Laura Loomer, who reposted a Daily Wire article accusing Doss of partisan behavior. The firing of Doss raises concerns about escalating politicization of legal roles within national security agencies.National Security Agency (NSA)
2025-07-22Oversight and Watchdog FunctionsThe administration has reportedly moved to block the Government Accountability Office (GAO) from investigating its withholding of federal funds, with support from Republican members of Congress.The GAO enforces a post-Watergate statute called the Impoundment Act that bars the executive branch from defying congressional spending directives. In response to scrutiny, Office of Management and Budget (OMB) Director Russ Vought has defended the administration’s actions as efforts to manage taxpayer funds more efficiently and criticized the GAO, calling it a “a quasi-independent arm of the legislative branch that played a partisan role in the first-term impeachment hoax.” At the same time, House Republicans have introduced legislation to significantly weaken GAO’s capacity—proposing to slash its budget by half—a move that could gut its staff and curtail its ability to oversee federal spending.Executive Office of the President (EOP)
2025-07-18Federal WorkforceCarolyn Feinstein, forensic accountant working in the U.S. Trustee program at the Department of Justice is fired, leaving large portions of the state of Texas without federal auditing coverage for bankruptcy casesFeinstein’s termination followed mounting attention from right-wing media due to an app her husband created—ICEBlock—which tracked the movement of immigration enforcement agents in real time. Although Feinstein herself had no involvement in the app, her firing reportedly came after pressure from Attorney General Pam Bondi and Border Czar Tom Homan. The decision raises concerns about politically motivated retaliation and the weakening of nonpartisan civil service protections, particularly in technical roles unrelated to immigration policy. Department of Justice (DOJ)
2025-07-17Federal WorkforcePresident signs an executive order creating a new classification of non-career federal workers, “Schedule Gemployees, to expand the number of non-career political appointees within federal agencies.The order allows agencies to reclassify a broader range of roles as “policy-determining” or “policy-influencing,” enabling political appointees to fill positions that have historically been staffed by career civil servants. Analysts warn that Schedule G, like its predecessor Schedule F, could disempower the apolitical, merit-based civil service and weaken the institutional independence necessary for objective governance.Executive Office of the President (EOP)
2025-07-13Oversight and Watchdog FunctionsAttorney General Pam Bondi dismisses the DOJ’s Director of its Ethics Office, the senior DOJ official responsible for overall leadership of the department’s ethics program. The Director serves as Designated Agency Ethics Official (DAEO), the top department official responsible for counseling senior political appointees on ethics and conflict-of-interest rules.

The Director oversees the entire agency ethics program, provides guidance on certifying senior officials’ financial disclosures, issues recusal and conflict-of-interest guidance, and serves as DOJ’s liaison to the U.S. Office of Government Ethics.

The removal follows a broader personnel shake-up all linked to former Special Counsel Jack Smith.
Department of Justice (DOJ)
2025-06-10Enforcement PrioritiesDeputy Attorney General Todd Blanche announces new guidelines for FCPA investigations. Enforcement resumes but with a narrower scope focused on U.S. economic and national security interests.The new guidelines emphasize that new FCPA investigations require senior approval and reprioritize enforcement toward serious bribery threats connected to national security interests, while reducing emphasis on routine or low-level cases.

Specifically, the new guidance directs prosecutors to: limit the “undue burden on American companies operating abroad;” target enforcement actions against conduct that directly undermines US national interests; focus on cases involving criminal conduct by individuals; proceed expeditiously; and, consider collateral impacts throughout the investigation and resolution process.
Department of Justice (DOJ)
2025-06-10Oversight and Watchdog FunctionsCara Petersen, the acting Enforcement Director of the Consumer Financial Protection Bureau (CFPB), resigns. Petersen notes, “I have served under every Director and Acting Director in the Bureau’s history and never before have I seen the ability to perform our core mission so under attack.”The CFPB, established by Congress after the 2008 financial crisis to investigate banking fraud and supervise banking services to individual customers using retail services. It broadened the scope of its supervision in 2024 to technology firms that provide digital payment services: Google Pay, Apple Pay, Venmo, Samsung Pay, Cash App, and PayPal.Consumer Financial Protection Bureau (CFPB)
2025-05-29Independent Agencies and Non-Government EntitiesPresident Trump nominates Paul Ingrassia, a former far-right podcast host and conservative commentator, to serve as head of the Office of the Special Counsel.Ingrassia is known for inflammatory statements on social media, including a 2021 post supporting the use of martial law to overturn the 2020 Presidential election. Members of Congress and government watchdog groups expressed alarm at the nomination, warning that Ingrassia lacks the experience, temperament, and nonpartisan integrity required to lead a key government watchdog office.

The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. Its authority comes from four statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act (which restricts partisan political activity by federal employees), and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC’s primary mission is to safeguard the federal merit system by protecting employees and applicants from prohibited personnel practices, including coercing political activity, nepotism, and retaliation for whistleblowing. It also serves as a secure channel for employees to report government wrongdoing and enforces employment protections for military service members under USERRA.
Office of Special Counsel (OSC)
2025-05-29Federal Workforce The White House Office of Personnel Management introduces a new Hiring Plan that requires agencies to add new assessment and essay questions that will test career applicants’ support for the president’s Executive Orders and other policies, and requires a senior-level political appointee to oversee the hiring process instead of a career supervisor. The U.S. Office of Personnel Management (OPM) was created in 1979 as part of the Civil Service Reform Act of 1978. It sets presidential priorities across the federal workforce, administers USAJOBS, conducts background investigations, and manages federal retirement and insurance benefits.

By centralizing hiring authority under political appointees, introducing ideologically driven assessments, and restricting data collection, the OPM’s new Merit Hiring Plan could enable bipartisan favoritism and weaken accountability.
Executive Office of the President (EOP)
2025-05-27Transparency and Public AccessEmployees of the Department of Veterans Affairs are reportedly required to sign non-disclosure agreements (NDAs) in preparation for significant staffing cuts.NDAs of this kind are rare for this kind of personnel matter. Federal employees already have a duty to not disclose pre-decisional matters to the public. A House Oversight committee inquiry notes that extending agreements beyond an employee’s tenure “could chill employees from disclosing violations of waste, fraud, and abuse.”

Others note that this is part of a growing trend of secrecy across the federal government.
Department of Veterans Affairs (VA)
2025-05-15Independent Agencies and Non-Government EntitiesThe FBI disbands its public corruption squad in the Washington Field Office, known internally as “CR15.” Though the Bureau indicated that public corruption investigations will continue, cases will now be handled by other units without a dedicated squad.CR15 specialized in probing major public corruption, including alleged misconduct by members of Congress and investigations tied to the Capitol riot. The FBI says that investigations will continue through other field units.Federal Bureau of Investigation (FBI)
2025-05-14Transparency and Public AccessDirector of National Intelligence Tulsi Gabbard fires two members of the National Intelligence Council who reportedly helped facilitate the FOIA release of an intelligence assessment that determined that the Tren de Aragua gang does not take orders from or operate in close coordination with the Maduro government.Some suggest this firing was punishment for providing information that does not support the administration’s agenda. Retaliation against these officials has the potential to have a chilling effect on FOIA offices and on independent and objective intelligence across the government.Office of the Director of National Intelligence (ODNI)
2025-05-01Transparency and Public AccessPresident Trump signs Executive Order 14290, titled “Ending Taxpayer Subsidization of Biased Media,” halting direct funding to National Public Radio (NPR) and the Public Broadcasting Service (PBS).Under the Public Broadcasting Act of 1967, Congress allocates federal funding to the Corporation for Public Broadcasting (CPB), to help support and expand non-commercial broadcasting in the United States. The statute does not grant the president or any other agency purview over the CPB.Executive Office of the President (EOP)
2025-05-01Enforcement PrioritiesThe DOJ reportedly suspends the long-standing policy requiring the Criminal Division’s Public Integrity Section (PIN) to review and approve all public-corruption prosecutions, and has reassigned oversight of election-fraud, including allegations of election disinformation, cases away from PIN.The PIN review requirement was designed to add an internal check against politically motivated or unfounded indictments of public officials. Eliminating this safeguard could leave charging decisions more vulnerable to political influence.Department of Justice (DOJ)
2025-04-24Federal WorkforcePresident Trump issues an executive order expanding the ground on which agencies may fire probationary employees.Previously, probationary employees (those in their first year of federal employment or first one to two years after promotion) could only be dismissed for poor performance or misconduct. The new order allows removal if an employee’s continued service is deemed inconsistent with agency “needs, goals, and efficiency.” Agencies must now certify affirmatively that retaining a probationary employee serves the public interest.
Analysts warn that the change may be unlawful and may circumvent the Civil Service Reform Act.

Note: in Sept. 2025, a District Court Judge rules that related probationary employee firings were unlawful.
Executive Office of the President (EOP)
2025-04-23Independent Agencies and Non-Government EntitiesPresident Trump issues an executive memorandum directing the DOJ, in consultation with the Treasury, to investigate ActBlue, a major fundraising platform for Democratic campaigns.The directive marks a notable expansion of White House involvement in DOJ-led campaign finance investigations. Recent reporting highlights concern among legal experts and lawmakers about a shift away from longstanding norms that seek to insulate prosecutorial decisions from political influence.Department of Justice (DOJ)
2025-04-23Federal WorkforceThe Office of Personnel Management (OPM) issues a proposed rule to revive and rename “Schedule F,” a Trump-era personnel category that would convert thousands of career civil servants into at-will employees. The proposal follows Executive Order 14171 and renames the classification “Schedule Policy/Career.”The new proposed Schedule Policy/Career designation would apply to civil servants involved in “policy-determining, policy-making, or policy-advocating” roles. While these employees would still be hired through merit-based processes, they would no longer be protected by Title 5 procedures governing discipline and removal—effectively rendering them at-will employees that serve at the pleasure of the President. Office of Personnel Management (OPM)
2025-04-11Independent Agencies and Non-Government EntitiesThe Equal Employment Opportunity Commission (EEOC) announces a multi-year settlement with four major law firms—Kirkland & Ellis, Latham & Watkins, Simpson Thacher & Bartlett, and A&O Shearman Sterling—under which the firms affirm “merit-based” hiring, promotion, and retention; agree to discontinue any policies previously branded as “DEI”; and accept ongoing EEOC compliance monitoring.This action follows Acting EEOC Chair Andrea Lucas’ March 17, 2025 letters questioning the legality of private law firms’ DEI fellowships and affinity-group practices. A bipartisan group of former officials and others write that similar orders and actions risk chilling the independence of the legal profession.Equal Employment Opportunity Commission (EEOC)
2025-04-09Independent Agencies and Non-Government EntitiesPresident Trump signs a new memorandum, “Addressing Risks from Chris Krebs and Government Censorship,” directing every federal agency to revoke any security clearance held by former CISA Director Chris Krebs and his associates and orders a review of Krebs’ leadership of CISA and its activities since 2018.The memorandum was issued four years after Krebs publicly declared the 2020 election “the most secure in American history,” contradicting President Trump’s claims of widespread voter fraud. The text accuses Krebs of having “weaponized” his former office and labels him a “significant bad‑faith actor.” Mainstream coverage and fact‑checks describe the directive as a direct retaliation for Krebs’s election‑security assessment.  Analysts warn that using clearance revocations and retroactive probes in response to such statements could chill future officials from offering candid advice on election integrity.Executive Office of the President (EOP)
2025-04-09Independent Agencies and Non-Government EntitiesPresident Trump signs Executive Order, “Addressing Risks from Susman Godfrey LLP,” directing clearance suspensions, federal-contract reviews, and access limits similar to earlier law-firm orders.This order is one of several executive actions targeting major U.S. law firms for prior legal work the President described as personally detrimental. A bipartisan group of former officials and others write that such orders risk chilling the independence of the legal profession.Executive Office of the President (EOP)
2025-04-09Enforcement PrioritiesDeputy Attorney General Todd Blanche issues a Department-wide memorandum that (1) no taxpayer funds may be used for travel to or engagement with American Bar Association events and (2) DOJ employees, “when acting in their official capacities,” may not speak at, attend, or otherwise participate in ABA-hosted functions prohibits taxpayer funds from paying for any travel to or engagement with American Bar Association (ABA) events.Blanche states the restriction is warranted because the ABA is in active litigation against the Department. The ABA has long served as a major convening body for the legal profession, with senior DOJ officials routinely attending in its events. In granting a preliminary injunction against a related grant termination, Judge Cooper (D.D.C.) observed that Blanche “candidly explained” the memo was issued in direct response to the ABA’s lawsuit and held that DOJ’s actions likely violate the First Amendment’s ban on reprisals for protected petitioning activity.Department of Justice (DOJ)
2025-04-07Oversight and Watchdog FunctionsThe Department of Defense Contract Audit Agency (DCAA) announces a reorganization that consolidates its Region and Corporate Audit Directorates with the goal of improving the agency’s “operational efficiency and cost-effectiveness.” The DCAA, established in 1965, conducts audits and provides financial advisory services for government contracts. Its primary purpose is to prevent corruption and safeguard taxpayer dollars spent in government contracts for defense-related expenses.Department of Defense (DOD)
2025-04-07Enforcement PrioritiesDeputy Attorney General Blanche ends the Department’s National Cryptocurrency Enforcement Team (NCET) effective immediately.NCET was established in February 2022 to investigate and prosecute serious cryptocurrency crimes, including fraud, money laundering, and illicit finance tied to cartels and terrorist organizations. Under Blanche’s April 7, 2025 memo titled “Ending Regulation by Prosecution,” the DOJ will shift focus away from prosecuting exchanges and wallet providers for regulatory violations. The memo states that enforcement will continue against defrauders, and those using crypto for terrorism, cartels, hacking, or human trafficking.Department of Justice (DOJ)
2025-04-03Transparency and Public AccessSecretary of Health and Human Services Robert F. Kennedy Jr. reportedly cuts public records teams at the Centers for Disease Control and Prevention, the Food and Drug Administration (FDA), the National Institutes of Health (NIH) and other agencies within the department as part of sweeping layoffs in his “radical transparency” initiative.Those offices were responsible for handling public information and compliance with the Freedom of Information Act (FOIA) —including responding to records requests and safeguarding personal data.

As of May 2025, a few of the team members from the FDA were reportedly rehired without an explanation given for the reinstatement.
Department of Health and Human Services (HHS)
2025-04-02Enforcement Priorities The administration declines to appoint a Coordinator on Global Anti-Corruption and disbands the team responsible for leading implementation of the U.S. Strategy on Countering Corruption.The position of Global Anti-Corruption Coordinator was created to lead international efforts against kleptocracy, illicit finance, and transnational corruption, and to implement the first-ever U.S. Strategy on Countering Corruption, released in 2021.Department of State
2025-04-02Enforcement PrioritiesTwo senior officials from the Securities and Exchange Commission’s FCPA unit—Charles Cain (the unit’s chief since 2017) and Tracy Price (the unit’s deputy chief since 2018)—resign. Their resignations follow the administration’s decision to pause Foreign Corrupt Practices Act (FCPA) enforcement reviews.With Cain and Price stepping aside, the SEC joins the DOJ’s Fraud Section in losing senior officials that enforce the FCPA, potentially reducing capacity and deemphasizing anti-bribery enforcement across both agencies.Securities and Exchange Commission (SEC)
2025-03-27Independent Agencies and Non-Government EntitiesPresident Trump signs Executive Order 14250, “Addressing Risks from Wilmerhale LLP,” suspending the firm’s security clearances, directing agencies to terminate or withhold federal contracts, and restricting firm personnel from certain federal facilities.This order is one of several executive actions targeting major U.S. law firms for prior legal work the President described as personally detrimental. A bipartisan group of former officials and others write that similar orders and memoranda risk chilling the independence of the legal profession.Executive Office of the President (EOP)
2025-03-25Independent Agencies and Non-Government EntitiesPresident Trump signs Executive Order, “Addressing Risks from Jenner & Block LLP,” instructing agencies to suspend the firm’s clearances, terminate federal contracts “to the maximum extent permitted by law,” and limit facility access.This order is one of several executive actions targeting major U.S. law firms for prior legal work the President described as personally detrimental. A bipartisan group of former officials and others write that such orders risk chilling the independence of the legal profession.Executive Office of the President (EOP)
2025-03-24Transparency and Public AccessThe Office of Management and Budget removes a public-facing website that displayed how federal funding is apportioned to agencies, claiming that disclosure of such information is sensitive, predecisional, and deliberative.As part of the Fiscal Year 2022 Consolidated Appropriations Act, Congress enacted new legislation requiring OMB to make apportionments public. The rollback raises concerns about transparency in federal spending and limits the ability of Congress, watchdog groups, and the public to track how appropriated funds are controlled, delayed, or redirected within the executive branch.

Note: on Aug. 9, 2025, an appeals court unanimously reinstated a lower court’s order to restore the database.
Executive Office of the President (EOP)
2025-03-22Independent Agencies and Non-Government EntitiesPresident Trump signs a memorandum, “Rescinding Security Clearances and Access to Classified Information from Specified Individuals, revoking security clearances for 18 named figures, including whistle-blower attorney Mark Zaid.Advocacy groups say that removing Zaid’s security clearance is “unrestrained retaliation” for “legally protected speech under Intelligence Community whistleblower laws,” potentially chilling future whistle‑blower advocacy. Executive Office of the President (EOP)
2025-03-21Oversight and Watchdog FunctionsDHS orders a reduction‑in‑force that shutters three internal oversight units — the Office for Civil Rights and Civil Liberties (CRCL), the Immigration Detention Ombudsman (OIDO), and the Citizenship & Immigration Services Ombudsman (CISOM) — placing more than 100 employees on leave. The department later reverses course (following a lawsuit), but a June 11, 2025 court filing says the offices remain “severely understaffed and unable to perform their statutory functions.”DHS said the closures were meant to “remove bureaucratic hurdles” that “obstruct immigration enforcement.” Advocates and a bipartisan group of former officials argue the move eliminates key channels for civil‑rights complaints and detention oversight; plaintiffs now ask the court to monitor staffing and budget restoration.Department of Homeland Security (DHS)
2025-03-18Federal Workforce President Trump fires two members of the Federal Trade Commission, Rebecca Slaughter and Alvaro Bedoya, before their terms end.The FTC, established in 1914, is an independent agency whose mission is to protect the public from “deceptive or unfair business practices and unfair methods of competition.” The FTC has five commissioners who serve seven-year terms; the law requires that no more than three commissioners be from the same political party and allows removal by the President only “for inefficiency, neglect of duty, or malfeasance in office.”Federal Trade Commission (FTC)
2025-03-13Oversight and Watchdog FunctionsSecretary of Defense Pete Hegseth reportedly begins a sweeping restructuring of the Judge Advocate General (JAG) Corps, including replacing several senior JAGs with appointees outside the traditional promotion pipeline.The unprecedented shake-up of uniformed military lawyers has prompted concerns among former Pentagon officials and others that it could compromise the neutrality of military legal advice and carry “wide‑ranging consequences for how the U.S. military conducts operations and disciplines personnel.”Department of Defense (DOD)
2025-03-11Enforcement PrioritiesThe DOJ’s Public Integrity Section is reportedly drastically downsized, with its 30-person staff cut to as few as five and remaining cases transferred to U.S. Attorney’s Offices nationwide.Created in 1976 in response to Watergate, the DOJ's Public Integrity Section investigates and prosecutes alleged misconduct of public officials in all three branches of the federal government, as well as state and local public officials. This includes public corruption, election crimes, campaign finance offenses, and related misconduct by federal officials.Department of Justice (DOJ)
2025-03-10Enforcement PrioritiesThe DOJ does not attend the March 2025 quarterly meeting of the OECD Working Group on Bribery, the first absence since the working group's formation in 1994.Since 1994, the DOJ has consistently sent representatives to these meetings, which oversee implementation of the OECD Anti‑Bribery Convention and monitor global enforcement of foreign-bribery laws.Department of Justice (DOJ)
2025-03-08

Independent Agencies and Non-Government EntitiesActing Special Counsel Jamieson Greer issues a “Probationary Directive” ordering the closure of all Office of Special Counsel (OSC) investigations into the February 2025 mass firing of more than 2,000 probationary civil servants. In February 2025, the Trump Administration directed the terminations of thousands of probationary federal employees, which are those employees who were hired within the past two years. These firings were reportedly conducted en masse, with no individualized assessments of workers’ performance or conduct.

OSC began investigating these firings, as its mandate is to investigate prohibited practices, such as firing or demoting employees for political reasons, retaliating against whistleblowers, or violating merit system principles. After the investigations began, President Trump fired the Special Counsel and replaced him with Acting Special Counsel Greer.

Note: On Sept. 10, 2025, five former civil servants filed suit in federal court against OSC and Greer, alleging the Probationary Directive was unlawful and violated OSC’s statutory duty under the Civil Service Reform Act and the Administrative Procedure Act.
Office of Special Counsel (OSC)
2025-03-06Independent Agencies and Non-Government EntitiesPresident Trump signs Executive Order 14230, “Addressing Risks from Perkins Coie LLP,” suspending the firm’s security clearances, directing agencies to terminate or withhold federal contracts, and restricting firm personnel from certain federal facilities.This order is one of several executive actions targeting major U.S. law firms for prior legal work the President described as personally detrimental. A bipartisan group of former officials and others write that similar orders and memoranda risk chilling the independence of the legal profession.Executive Office of the President (EOP)
2025-03-06Enforcement PrioritiesSeveral career prosecutors in the DOJ Fraud Section are reportedly either reassigned or fired, and numerous others in the section are encouraged to take a detail, or temporary assignment to work on non-white collar cases.These changes suggest the Department may be shifting resources away from complex financial crime investigations.Department of Justice (DOJ)
2025-03-02Federal WorkforceThe Department of Treasury announces that it will no longer enforce the Corporate Transparency Act (CTA).

The CTA, passed in 2021, was a bipartisan effort aimed at curtailing the use of shell companies and tracking flows of illicit money, in partnership with Treasury’s Financial Crimes Enforcement Network (FinCEN). It was designed to combat money laundering, terrorism financing, tax evasion, and other illicit finance by increasing transparency into who actually owns and controls companies operating in the U.S.

Consistent with this announcement, FinCEN issued an interim final rule on March 21, 2025, that removed the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act.
Department of Treasury
2025-02-27Enforcement PrioritiesThe CFPB dismisses five enforcement actions against financial services companies accused of wrongdoing under the prior administration (cases against Capital One, Vanderbilt Mortgage, Heights Holding, Rocket Homes, and PHEAA). On March 5, the CFPB dropped its case against the company that runs the Zelle payment platform and three U.S. banks, which had been filed in December.The CFPB was created by Congress in the wake of the 2008 financial crisis to investigate banking fraud and oversee consumer financial services. In 2024, it expanded its supervisory authority to include technology companies offering digital payment platforms, like Apple Pay, Venmo, and PayPal.Consumer Financial Protection Bureau (CFPB)
2025-02-25 Federal WorkforceThe General Services Administration (GSA) terminates the Federal Advisory Committee on Open Government.This 15‑member committee, first launched in April 2024, provided expert advice on transparency, anti‑corruption, public participation, and digital governance. GSA terminated the committee pursuant to a February 2025 executive order directing agencies to eliminate “unnecessary” advisory panels. General Services Administration (GSA)
2025-02-25Independent Agencies and Non-Government EntitiesPresident Trump signs Executive Order 14237, “Addressing Risks from Paul Weiss,” directing agencies to suspend security clearances held by Paul Weiss lawyers (including, as directly named in the E.O., Mark Pomerantz); terminate or withhold all federal contracts and other benefits to the firm “to the maximum extent permitted by law”; and bar Paul Weiss employees from sensitive federal facilities and limit future hiring of the firm’s personnel.

President Trump adds that “[g]lobal law firms have for years played an outsized role in undermining the judicial process and in the destruction of bedrock American principles.”
This order is one of several executive actions targeting major U.S. law firms for prior legal work the President described as personally detrimental. A bipartisan group of former officials and others write that such orders risk chilling the independence of the legal profession.Executive Office of the President (EOP)
2025-02-25Independent Agencies and Non-Government EntitiesPresident Trump issues a White House memorandum suspending the security clearances of all Covington & Burling lawyers who represented former Special Counsel Jack Smith and instructs agencies to terminate the firm’s federal engagements “to the maximum extent permitted by law.”This order is one of several executive actions targeting major U.S. law firms for prior legal work the President described as personally detrimental. A bipartisan group of former officials and others write that similar orders and memoranda risk chilling the independence of the legal profession.Executive Office of the President (EOP)
2025-02-23Enforcement PrioritiesAll USAID direct-hire personnel, with limited exceptions, are placed on administrative leave globally, effectively shuttering the department. This included those working on anti-corruption initiatives.These cuts include defunding programs that focused on anti-corruption efforts, such as USAID's Dekleptification Guide, which included tools like public asset declarations and ownership registries to specialized institutions to prevent, investigate, prosecute, and rule on cases of grand corruption. It also cut their work in the anti-corruption space, which included establishing the permanent Anti-Corruption Center and providing technical assistance and developing technical guides to countering corruption worldwide.U.S. Agency for International Development (USAID)
2025-02-22Oversight and Watchdog FunctionsSecretary of Defense Pete Hegseth fires top military lawyers, Lt. Gen. Joseph Berger III (Army), Rear Am. Lia M. Reynolds (Navy), Lt. Gen. Charles Lummer (Air Force). Hegseth justifies the firings to reporters, explaining that he didn’t want the military lawyers to put up “roadblocks to orders that are given by a commander in chief.”Military lawyers, or Judge Advocate Generals (JAGs) are responsible for upholding the Uniform Code of Military Justice, and interpreting military law for top leaders.Department of Defense (DOD)
2025-02-18Transparency and Public AccessThe Office of Personnel Management (OPM) reportedly fires a significant number of staff from its privacy, communications, and FOIA teams—reportedly including its entire privacy office.

When CNN filed a FOIA request, the agency reportedly replied, “Good luck with that; they just fired the whole privacy team.”
OPM’s privacy unit ensures federal employees’ personal data is protected and manages compliance with privacy laws and policies. FOIA and communications teams oversee government transparency and respond to public information requests.Office of Personnel Management (OPM)
2025-02-18Independent Agencies and Non-Government EntitiesThe White House issues Executive Order 14215 titled “Ensuring Accountability for All Agencies,” declaring that all executive power resides with the President, including independent agencies, to ensure unified execution of federal law. The order also declares that the “President and the Attorney General shall provide authoritative interpretations of the law for the executive branch.”EO 14215 significantly expands presidential oversight of independent agencies by requiring all agency rulemaking be preapproved by the president and that the legal positions offered by any executive department on behalf of the United States be consistent with the legal position held by the president or, by delegation, the attorney general.Executive Office of the President (EOP)
2025-02-14Independent Agencies and Non-Government EntitiesFTC Chair Andrew Ferguson bars agency political appointees from holding American Bar Association (ABA) leadership roles, attending ABA events, or renewing ABA memberships, writing that the organization “advances radical left‑wing causes and promotes the business interests of Big Tech.”The ABA has long served as a major convening body for the legal profession, with senior administration officials routinely attending in its events. Analysts note that restricting employees’ participation in a mainstream professional body could limit engagement with peer regulators and outside experts, and may chill interaction with organizations critical of administration policiesFederal Trade Commission (FTC)
2025-02-11Enforcement PrioritiesDavid Hubbert, the head of the DOJ’s Tax Division, resigns rather than accept an involuntary transfer to the Trump administration’s new Sanctuary Cities Enforcement Working Group.The DOJ Tax Division works closely with the IRS Criminal Investigation (IRS-CI) division, the enforcement arm of the IRS. IRS-CI investigates and sends prosecution referrals to the Tax Division when there is a tax matter involved.Department of Justice (DOJ)
2025-02-11Oversight and Watchdog FunctionsPresident Trump fires USAID Inspector General Paul Martin. The removal proceeds without the 30 days’ advance notice to Congress and written explanation typically required by law.The day before Martin was fired his office issued an advisory notice warning that the administration's sweeping aid freeze had jeopardized oversight of $8.2 billion in unspent humanitarian funds and put $489 million in food assistance at risk of spoilage.U.S. Agency for International Development (USAID)
2025-02-10Enforcement Priorities The White House issues Executive Order 14209, pausing all Foreign Corrupt Practices Act (FCPA) enforcement, which is the law that prohibits bribery to foreign officials. The E.O. (1) halts new FCPA cases for 180 days (unless authorized by the Attorney General), (2) directs the Attorney General to review all ongoing FCPA cases, and (3) requires the DOJ to issue updated enforcement guidelines. The order states that FCPA enforcement has become overly expansive and may hurt U.S. foreign policy and economic interests. It authorizes a six-month pause in new cases, subject to special approval. Within 180 days, the DOJ must also finalize and publish new FCPA guidelines that narrow enforcement to “serious misconduct” affecting U.S. national security or harming U.S. companies, while de-emphasizing routine business practices or low‑value conduct.Department of Justice (DOJ)
2025-02-10Oversight and Watchdog FunctionsPresident Trump removes David Huitema as the Director of the Office of Government Ethics (OGE), reverting to an acting Director. Huitema was appointed by President Biden, confirmed by the Senate in November 2024, and sworn in on December 16, 2024, for a five-year term.Established in 1978, the Office of Government Ethics (OGE) leads ethics programs across more than 140 executive-branch agencies, overseeing financial disclosures, ethics training, and rules to prevent conflicts of interest. Part of its mission is to prevent financial conflicts of interest for government officials and ensure the federal government’s actions and decisions are not unduly influenced by personal financial interests.Office of Government Ethics (OGE)
2025-02-10Transparency and Public Access Acting Deputy Attorney General Emil Bove instructs prosecutors in the Southern District of New York (SDNY) to dismiss federal bribery charges against New York City Mayor Eric Adams without prejudice “as soon as is practicable.” Multiple career prosecutors refuse to carry out the directive and later resign in protest.Career prosecutors handling the case refused to prepare or sign the dismissal motion, stating in resignation letters that they saw no factual or legal reason for the DOJ to move to dismiss this case. On Apr. 2, Judge Ho (S.D.N.Y.) granted DOJ’s request but dismissed the case with prejudice, writing that permitting a future refiling could leave the mayor “more beholden to the demands of the federal government than to the wishes of his own constituents.” Former federal prosecutors note that overriding line prosecutors and prompting mass resignations is highly unusual and may chill future public-corruption investigations involving politically sensitive defendants. Department of Justice (DOJ)
2025-02-09Enforcement PrioritiesDOJ reportedly weakened long-standing guardrails limiting White House contact with federal prosecutors.The Justice Department has reportedly rescinded or revised prior guidance that restricted communications between the White House and DOJ officials, particularly concerning pending criminal cases. The changes reportedly ease the “no contact” rules that were designed to insulate law enforcement decisions from political influence. Under prior policy—reaffirmed in a July 2021 memo by then-Attorney General Merrick Garland—such communications were strictly limited to prevent improper interference in prosecutorial matters.Department of Justice (DOJ)
2025-02-08Enforcement PrioritiesCFPB leadership unveils a reduction‑in‑force plan to eliminate roughly 1,400 of the agency’s 1,600 positions (over 90  percent of its staff) and instructs the Federal Reserve to halt the Bureau’s quarterly funding.

Two days later, reporters speaking with President Trump ask him to confirm that “his goal was to have [the CFPB] totally eliminated.” President Trump replies, “I would say, yeah, because we’re trying to get rid of waste, fraud, and abuse.”
The CFPB was created by Congress in the wake of the 2008 financial crisis to investigate banking fraud and oversee consumer financial services. In 2024, it expanded its supervisory authority to include technology companies offering digital payment platforms, like Apple Pay, Venmo, and PayPal.

Advocates say that “with each day that the agency remains shut down, the financial institutions that seek to prey on consumers are emboldened—harming their law-abiding competitors and the consumers who fall victim to them.”
Consumer Financial Protection Bureau (CFPB)
2025-02-07Oversight and Watchdog FunctionsPresident Trump terminates Hampton Dellinger, Head of the Office of Special Counsel.The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. Its authority comes from four statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act (which restricts partisan political activity by federal employees), and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC’s primary mission is to safeguard the federal merit system by protecting employees and applicants from prohibited personnel practices, including coercing political activity, nepotism, and retaliation for whistleblowing. It also serves as a secure channel for employees to report government wrongdoing and enforces employment protections for military service members under USERRA.U.S. Office of Special Counsel (OSC)
2025-02-05Enforcement PrioritiesThe Department of Commerce and the U.S. Trade Representative have reportedly been granting tariff waivers to select companies and industries, raising concerns about preferential treatment.Recent reporting suggests the tariff exemption process may advantage politically connected firms, functioning in effect as a spoils system. Prior studies of similar processes during the first Trump administration found that corporations with political ties were more likely to secure exemptions.Department of Commerce (DOC)
2025-02-05Enforcement PrioritiesAttorney General Pam Bondi ends the DOJ's Task Force KleptoCapture, Kleptocracy Team, and the Kleptocracy Asset Recovery Initiatives. Attorneys staffed on these teams are told to “return to their prior posts, and resources currently devoted to those efforts shall be committed to the total elimination of Cartels and [transnational criminal organizations].”These teams were created to protect the U.S. financial system from being used to launder the proceeds of corruption, investigate foreign corruption, and recover stolen assets. Recent cases include a criminal case against the president of a Russian state-owned bank accused of violating U.S. sanctions and a case involving a Russian oligarch accused of laundering money.Department of Justice (DOJ)
2025-02-05Enforcement PrioritiesAttorney General Pam Bondi limits the types of criminal cases DOJ can bring under the Foreign Agents Registration Act (FARA) to cases similar to “more traditional espionage by foreign government actors.” She also directs the FARA Unit to focus on civil enforcement, regulatory initiatives, and public guidance.DOJ uses FARA to bring cases against individuals who act on behalf of foreign governments or political interests without properly disclosing their activities. These cases include unregistered lobbying, influence campaigns, or covert public relations work.Department of Justice (DOJ)
2025-02-05Enforcement PrioritiesAttorney General Bondi disbands the National Security Corporate Enforcement Unit. Bondi's memo directs staff from the unit to return to their prior assignments and reallocates DOJ's focus toward other priorities like transnational criminal organizations and terrorism-related offenses.The National Security Corporate Enforcement Unit was in charge of investigating and prosecuting companies and individuals for economic crimes tied to national security, such as evading sanctions and violating export controls.Department of Justice (DOJ)
2025-02-05Enforcement PrioritiesThe Securities and Exchange Commission (SEC) is reportedly shrinking the size of its cryptocurrency enforcement unit and re-assigning some of its 50-person staff.The SEC's cryptocurrency enforcement unit was created during the first Trump administration and then grew under the Biden administration. It is responsible for bringing enforcement actions against fraudulent or unregistered crypto-asset offerings and platforms. Between its founding and December 2024, the unit brought over 200 crypto-related enforcement actions focusing on fraud and unregistered securities. The unit’s work was more than half of the SEC's total recovered penalties in 2024 (including $4.5 billion from the Terraform Labs and Kwon case).Securities and Exchange Commission (SEC)
2025-02-05Enforcement PrioritiesAttorney General Pam Bondi shuts down the FBI’s Foreign Influence Task Force, a unit created to investigate foreign meddling in U.S. elections and democracy. The task force was set up in 2017 to track and stop new forms of foreign interference. Bondi says the closure will help redirect resources to “more pressing priorities” and prevent what she calls misuse of prosecutorial power.The Foreign Influence Task Force (FITF) was a special FBI unit made up of experts from multiple divisions, including counterintelligence and cybercrime. Its job was to detect and stop foreign efforts to interfere in U.S. democracy, particularly elections. The team worked closely with other U.S. intelligence agencies and international partners as part of a broader government effort to respond to these threats.Federal Bureau of Investigations (FBI)
2025-02-05Enforcement PrioritiesAttorney General Pam Bondi directs the DOJ’s Criminal Division to “review and reassess” the Foreign Corrupt Practices Act (FCPA) and to focus FCPA investigation on transnational organized crime and cartels.The FCPA criminalizes bribery of foreign officials.

With the new guidance, DOJ prosecutors are instructed to prioritize FCPA investigations involving bribes tied to organized crime and drug cartels, while deprioritizing cases that do not involve such threats. Historically, DOJ has relied on other laws to prosecute transnational organized crime and cartels.
Department of Justice (DOJ)
2025-02-03Oversight and Watchdog FunctionsU.S. Treasury Secretary Scott Bessent—also now acting director of the Consumer Financial Protection Bureau (CFPB)—reportedly halts pending activities at the U.S. Consumer Financial Protection Bureau (CFPB), including investigations, rulemaking, litigation and public communications.The CFPB was created by Congress in the wake of the 2008 financial crisis to investigate banking fraud and oversee consumer financial services. In 2024, it expanded its supervisory authority to include technology companies offering digital payment platforms, like Apple Pay, Venmo, and PayPal.Consumer Financial Protection Bureau (CFPB)
2025-01-31Independent Agencies and Non-Government EntitiesPresident Trump fires Gwynne A. Wilcox, Chair of the National Labor Relations Board (NLRB).The NLRB was established in 1935 and serves to safeguard employee rights, governs labor unions, and acts to prevent and remedy unfair labor practices committed by the private sector. This is the first time an NLRB member has been removed since the agency was created in 1935.National Labor Relations Board (NLRB)
2025-01-27Independent Agencies and Non-Government EntitiesPresident Trump fires two sitting members of the Privacy and Civil Liberties Oversight Board (PCLOB), leaving the five-member oversight body without the three-member quorum it needs to issue reports, subpoena executive-branch agencies, or formally review surveillance programs.PCLOB’s primary mission is to oversee intelligence and counter-terrorism surveillance for legality, necessity, and civil-liberties compliance. Although its focus is broader than corruption‐specific misconduct, the board forms part of the government’s wider integrity architecture. It operates as an internal check that executive-branch powers are exercised within the rule of law and not repurposed for improper ends. Loss of quorum effectively suspends that oversight.Privacy and Civil Liberties Oversight Board (PCLOB)
2025-01-27Transparency and Public AccessThe head of DOJ’s Public Integrity Unit resigns rather than accept a transfer to the Sanctuary Cities Enforcement Working Group.The DOJ Public Integrity Section is responsible for sensitive criminal probes and prosecutions of elected officials and judges for bribery and other misconduct. The head of the section, Corey Amudson, was in a career position and had been appointed by Attorney General William Barr during the first Trump administration.Department of Justice (DOJ)
2025-01-27

Oversight and Watchdog FunctionsDOJ’s senior-most career official, and the senior official designated to make ethics determinations for the Attorney General and Deputy Attorney General, Associate Deputy Attorney General Brad Weinsheimer, is informed of his reassignment from his position to the Sanctuary Cities Enforcement Working Group. Weinsheimer eventually accepts deferred resignation. Weinsheimer, a 33-year career DOJ official, held decision-making authority over referrals from the Office of Special Counsel (OSC), inspector general requests for grand jury material, and disclosures to Congress—including privilege assertions and responses to subpoenas. This portfolio is later reassigned to two other career employees. Weinsheimer was initially appointed to his role on an interim basis by Attorney General Jeff Sessions and later made permanent by Attorney General Bill Barr.Department of Justice (DOJ)
2025-01-25Oversight and Watchdog FunctionsThe Trump administration removes roughly 18 inspectors general (IGs) across the federal government, including those at the Departments of Defense, State, Agriculture, Health and Human Services, Housing and Urban Development, Interior, Veterans Affairs, the Environmental Protection Agency, and the Intelligence Community. The removals proceed without the 30 days’ advance notice to Congress and written explanation typically required by law.Inspectors General (IGs) are independent watchdogs within federal agencies responsible for detecting and preventing waste, fraud, abuse, and misconduct. Established under the Inspector General Act of 1978 (IG Act), their role is to conduct audits and investigations and keep both agency leadership and Congress informed of significant problems.Multiple Agencies
2025-01-25Oversight and Watchdog FunctionsThe Trump administration fires Mike Ware from his position as Chair of Council of the Inspectors General on Integrity and Efficiency (CIGIE).The Council of the Inspectors General on Integrity and Efficiency (CIGIE) is an independent entity established by the Inspector General Act of 1978, tasked with promoting integrity, economy, and effectiveness across federal agencies through coordinated oversight and support of the Inspector General (IG) community. CIGIE is composed of all federal IGs and is responsible for addressing issues of waste, fraud, and abuse in government programs.Council of Inspectors General (CIGIE)
2025-01-23Enforcement PrioritiesThe president signs a new Executive Order, “Strengthening American Leadership in Digital Financial Technology,” establishing the Presidential Working Group on Digital Asset Markets, chaired by the White House AI & Crypto Czar, David Sacks. In the accompanying White House Fact Sheet, the White House states that the president is “halting aggressive enforcement actions and regulatory overreach that have stifled crypto innovation.” As later reported in Dec. 2025, this is allegedly a part of a deliberate effort to “rein in” what the new SEC chair sees as the “prior administration’s overzealous stance toward the crypto industry.” This is not just a departure from the Biden administration’s approach toward prosecuting crypto cases. During the first Trump administration, the SEC brought 50 crypto-related cases.Executive Office of the President (EOP); Securities and Exchange Commission (SEC)
2025-01-21Oversight and Watchdog FunctionsPresident Trump fires or reassigns senior career employees in the DOJ’s National Security Division, Criminal Division, and Executive Office of U.S. Attorneys. These career positions generally do not change with changes in administration and are designed to be insulated from political pressure. Those moved include the Deputy Assistant Attorney General responsible for combatting foreign interference and the longtime Deputy Assistant Attorney General who oversaw extradition and mutual‑legal‑assistance regarding all cross‑border crimes, including corruption, and who also was responsible for the Department’s internal rule of law programs.Department of Justice (DOJ)
2025-01-20Federal WorkforcePresident Trump signs Executive Order 14171, “Restoring Accountability to Policy‑Influencing Positions Within the Federal Workforce.” This order directs OPM to implement rulemaking to reclassify thousands of policy‑facing federal employees as at-will employees.The order attempts to restrict the number of professional career civil servants that the government hires based on merit as opposed to political allegiance across the federal government. This sets the stage for sweeping changes to the federal government’s professional civil service and threatens to roll back ​​protections designed to insulate career federal workers from corruption.Executive Office of the President (EOP)

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DOJ’s Dangerous Silence in the Face of Federal Immigration Agents’ Violent Tactics https://www.justsecurity.org/128353/doj-silence-federal-immigration-agents-violence/?utm_source=rss&utm_medium=rss&utm_campaign=doj-silence-federal-immigration-agents-violence Thu, 08 Jan 2026 17:00:32 +0000 https://www.justsecurity.org/?p=128353 The DOJ has the authority, resources, and responsibility to hold federal agents accountable for willful constitutional violations.

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On Wednesday morning in Minneapolis, an Immigration and Customs Enforcement (ICE) agent shot and killed a woman in her car during a federal immigration enforcement operation. Department of Homeland Security (DHS) officials characterized the shooting as a response to “an act of domestic terrorism,” stating the woman “weaponized her vehicle” and attempted to “run over” officers. Minneapolis Mayor Jacob Frey has disputed that account, describing the incident as “an agent recklessly using power that resulted in somebody dying.” Governor Tim Walz described it as “totally avoidable.” The FBI and Minnesota Bureau of Criminal Apprehension initially announced they were jointly investigating the matter. Within hours, the U.S. Attorney’s Office reversed course, stripping the state agency of access to case materials and asserting unilateral control over the investigation.

The fatal Minneapolis shooting is among the most serious in a series of incidents over recent months involving federal immigration agents’ use of force. Videos have documented agents firing pepper balls at clergy, shooting rubber bullets at journalists, and deploying tear gas against protesters. Many of these incidents raise questions about whether agents used excessive force in violation of the Fourth Amendment and federal criminal law. Yet, the Minnesota incident is only the first where the FBI has indicated it is investigating, and so far, DOJ has announced no criminal charges related to any such incident. While the current investigation is an important step, it is far from sufficient.

Private plaintiffs are challenging the legality of many DHS tactics in court. The Department of Justice (DOJ), for its part, has remained conspicuously silent through months of these tactics. This silence is a dangerous abdication of DOJ’s authority and responsibility. Under 18 U.S.C. § 242, which makes it a crime for any government official to willfully deprive someone of their constitutional rights, DOJ can and should investigate and, where appropriate, charge federal agents who use excessive force.

A Pattern of Force Raising Constitutional Questions

Reports of aggressive, violent, and potentially unlawful tactics by some federal agents have followed each surge of officers arriving in a new city to conduct the administration’s immigration enforcement operations. These have included a military-style, nighttime raid on sleeping families at an apartment complex, the firing of tear gas canisters, rubber bullets, and pepper balls at non-violent protestors, and widespread racial profiling followed by stops and detentions without reasonable suspicion or warrants. State and local officials have decried the unreasonable uses of force in court and in public statements, and at least two Senators have publicly called on DOJ to investigate. Nevertheless, the President and Department of Homeland Security leadership have repeatedly defended their tactics.

Traditionally, the DOJ—in any administration—would seek accountability for unlawful, excessively violent tactics by law enforcement officers, by charging them with violating people’s constitutional rights. However, the DOJ has not announced any charges relating to federal immigration enforcement actions, nor (before Wednesday) had it indicated it had even taken notice.

This is not surprising. By now, it is clear to those paying attention that the DOJ is acting as the administration’s enforcer, prioritizing politicized prosecutions against Trump’s perceived enemies, rather than exercising its independent judgment. And while public attention, understandably, has focused on those high-profile questionable prosecutions, DOJ’s omissions—the cases it is choosing not to pursue—also deserve scrutiny. The agency’s silence about violent tactics by federal agents suggests an apparent abandonment of its criminal civil rights enforcement authority, a silence that is destructive to the rule of law itself.

DOJ’s failure to act signals a troubling abdication of its authority to enforce the constitutional limits of federal agents’ coercive power. The federal statute that is most clearly implicated by aggressive ICE and CBP tactics, 18 U.S.C. § 242, is a Reconstruction-era law that makes it a criminal offense for federal, state, or local government officials to willfully deprive a person of their constitutional rights. Congress passed the statute as part of a series of laws intended to protect the rights of Black Americans following the Civil War. The statute was among those aimed at enforcing the protections of the newly enacted Thirteenth, Fourteenth, and Fifteenth Amendments.

Investigations and prosecutions under Section 242, while not numerous, are often significant. Career prosecutors under both Republican and Democratic administrations have, for decades, relied on the statute to investigate the conduct of law enforcement officers when needed. DOJ used Section 242 to prosecute the men, including law enforcement officials, responsible for the 1964 murder of three young civil rights activists in Mississippi. In 1993, under the leadership of Attorney General Bill Barr, DOJ obtained indictments against four Los Angeles Police Department officers involved in the 1991 beating of Rodney King, two of whom were later convicted at trial. Nearly three decades later, the first Trump Administration’s DOJ, again under Attorney General Bill Barr’s leadership, opened an investigation into the death of George Floyd. The DOJ later charged four Minneapolis Police Department officers with violating Section 242, ultimately convicting them for violating Mr. Floyd’s constitutional rights.

DOJ’s failure to address apparent uses of excessive force by federal immigration agents, coupled with DHS doubling down on the appropriateness of its violent and constitutionally questionable tactics, makes the situation more dangerous. In prior administrations, agents credibly accused of violating the Constitution by using unreasonable force would commonly be placed on leave, or on desk duty, while the agency (in this case, ICE or CBP) conducted an internal administrative investigation or referred the incident to DOJ. DOJ could then conduct a criminal investigation when warranted and, if no charges resulted, the agency could determine whether it needed to take administrative action or return the officer to enforcement duties. Currently, however, DHS has permitted agents to continue to serve, with few known exceptions—and even lauded their conduct. Meanwhile DOJ’s silence emboldens further aggressive uses of force.

Select Incidents Meriting Investigation

Over the past seven months, many incidents involving federal immigration agents’ force have been documented on video. While each incident requires thorough investigation to determine whether agents violated federal law, the publicly available evidence in many cases appears to implicate Section 242 and merit a full investigation. Indeed, at least one federal court has already concluded that individual and organizational plaintiffs made a “strong showing” that the government’s tactics constituted unreasonable force in violation of the Fourth Amendment.

September 19, 2025 – Broadview, Illinois

To take one widely-reported example, on September 19, 2025, at least one federal agent stationed on the roof of an ICE processing and detention facility in Broadview, Illinois, fired pepper balls at Reverend David Black as he prayed outside the building with a group of protestors holding signs, shouting, and dancing. A video shows Reverend Black, dressed in clerical garb and standing with his arms extended, palms open and empty, in a parking space outside the building, when an agent drew and repeatedly fired a pepper ball launcher at Black, striking him in the head, arms, and torso, and causing him to fall to his knees. Black later stated in a court declaration that the officers had issued no warnings or orders to disperse before firing, and none can be heard in the video. Neither Black nor the other protestors visible in the video appeared to pose any threat to the officers.

While a full investigation would be required, the publicly available evidence indicates that one or more officers may have committed a felony civil rights violation in firing pepper balls at Reverend Black. To establish a violation of Section 242, a defendant must have been (1) acting under color of law when he (2) willfully (3) deprived a person of a constitutional or federal right. Officers act “under color of law” when they act in their official capacity. The agent who fired at Reverend Black was acting under color of law, and in firing pepper balls at Reverend Black and other protesters, the officer may have violated both Black’s First and Fourth Amendment rights.

Focusing on Black’s Fourth Amendment right to be free from the use of unreasonable force by a law enforcement officer, it is not apparent there was a need for any force—the protestors did not pose a discernable threat to the safety of the officers or anyone else, and the video indicates no urgent need for the protestors to move. Firing pepper balls with no warning at a pastor’s head while he was praying under these circumstances is objectively unreasonable. And the very obvious unreasonableness of those actions indicates that the officer knew firing on Black would be unlawful. Knowing this—and choosing to fire anyway—is the definition of willfulness. Finally, Reverend Black’s reaction—clasping his hand to his eyes and collapsing on his knees—shows that he suffered bodily injury. Proving this element makes the crime a felony. In any previous administration, an incident like this, caught on video, would have prompted an immediate DOJ investigation.

October 23, 2025 – Oakland, California

In Oakland, on October 23, 2025, the Reverend Jorge Bautista attended an early morning vigil to protest an expected immigration enforcement surge in the Bay Area. As trucks carrying CBP agents drove past protestors toward a bridge connecting Oakland with the agents’ destination, a Coast Guard base, agents exited the trucks and approached the protestors, including Reverend Bautista. One agent trained a pepper ball launcher on Bautista from about five feet away. As Bautista said, “we’re here in peace,” the agent fired a pepper ball into Bautista’s face, leaving him coated in powder and bleeding from his chin. While video and photographs that capture the incident do not show all the circumstances that would be relevant to determining whether this use of force was reasonable, firing at such close range at the head of a pastor who, by his words and actions showed that he did not pose a threat, appears unreasonable; these facts would support an investigation.

June 7, 2025 – Paramount, California

On June 7, 2025, journalist Ryanne Mena was interviewing protestors near a Home Depot in Paramount, California, wearing press credentials, when federal agents exiting a nearby warehouse began firing rubber bullets at her and the protestors. They did so without first issuing a warning. Mena said relatively few protestors were present, and she did not see anyone threatening or antagonizing the agents. As she and a second journalist ran for cover, a rubber bullet struck her in the head; the other journalist was hit in the forehead with a tear gas canister. This incident, too, would be an appropriate subject for a Section 242 investigation.

Proving Section 242 violations beyond a reasonable doubt can be challenging in part because the law permits officers to use force—even lethal force—in certain circumstances. When officers willfully exceed the bounds of the law, however, the DOJ is authorized to prosecute. The DOJ’s prosecution of federal officers who have violated Section 242 involves, at its core, the enforcement of not just a criminal statute but the rule of law itself—as it ensures the officers entrusted to execute the law themselves act within its bounds.

Bringing civil rights prosecutions against law enforcement officers is never easy. Juries tend to be wary of harshly judging those who choose a job protecting the public at risk to their own safety. But DOJ has traditionally recognized the importance of holding the agents and officers who wear badges and carry guns responsible when they willfully violate the rights of those whom they serve. This practice underscores the idea that no one is above the law.

The video evidence and other evidence already in the public domain about these and other incidents provides ample cause to open civil rights investigations. Yet we have heard resounding silence from this DOJ.

Other Avenues for Relief are Challenging

Action from DOJ in response to excessive force by federal immigrant agents is vital also because alternative paths for pursuing accountability are challenging. Local prosecutors face significant legal hurdles in bringing charges against federal officials for violating state law: where federal agents’ actions are authorized by federal law and “necessary and proper” for fulfilling their federal duties, they may be immune from prosecution under the Supremacy Clause. Private litigants also face significant doctrinal challenges when suing federal officers, as the Supreme Court has both limited the availability of injunctive relief for ongoing violations and narrowed the circumstances under which suits for monetary damages may be brought against federal officials. Where litigants can sue, the robust protections provided by qualified immunity often mean the suit is dismissed before discovery—even if a court agrees that the federal officials violated the Constitution.

States, therefore, are pursuing creative methods to document perceived abuses, as Governor Pritzker has done in creating the Illinois Accountability Commission. This Commission aims to gather evidence of potentially unlawful conduct by federal agents, to support referrals to investigative agencies and recommendations for changes to existing laws to better protect state residents. Other states and cities have created online portals that residents can use to report misconduct by federal agents. Still others have announced they are investigating possible violations of state law by federal agents or that they stand ready to do so. Meanwhile, many state and local law enforcement leaders remain focused on improving both public safety and community trust, which go hand-in-hand. Their approaches include better engagement with communities, an emphasis on deescalation, and new guidelines for policing protest events. Where federal officers are not immune from state prosecution (because, for instance, their actions violate federal law) states can select the appropriate charge from an array of state statutes, including ones that, unlike Section 242, permit prosecution for criminal negligence and other lesser levels of intent than Section 242 requires.

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DOJ has the authority, resources, and responsibility to hold federal agents accountable for willful constitutional violations. It has the tools and power to deter further unlawful acts. Unfortunately, DOJ’s current abdication of responsibility puts communities at needless risk and undermines the rule of law itself.

The post DOJ’s Dangerous Silence in the Face of Federal Immigration Agents’ Violent Tactics appeared first on Just Security.

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