Trump flexes executive power with unprecedented flouting of lower court rulings
Intellectual Property
When a federal judge shot down a Trump administration policy of holding immigrants without bond last December, it seemed like a serious blow to the president's mass deportation effort.
Instead, a top Justice Department official insisted the ruling wasn't binding, and the administration continued denying detainees around the country a chance for release.
By February, the district court judge, Sunshine Sykes, was fed up. Sykes, a nominee of President Joe Biden, accused Trump officials in a ruling that month of seeking "to erode any semblance of separation of powers," adding that they could "only do so in a world where the Constitution does not exist."
Hardly isolated, the case illustrates a broader pattern of defiance of lower court decisions in President Donald Trump's second term.
The failure of Trump officials to follow court orders has been highlighted most notably in individual immigration cases. But a review of hundreds of pages of court records by The Associated Press also shows an extraordinary record of violations in lawsuits over policy changes and other moves.
In the second Trump administration's first 15 months in office, district court judges ruled it was violating an order in at least 31 lawsuits over a wide range of issues, including mass layoffs, deportations, spending cuts and immigration practices, the AP's review of court records found. That's about one out of every eight lawsuits in which courts have at least temporarily blocked the administration's actions.
The Republican administration's power struggle with federal courts — which is testing basic tenets of U.S. democracy — reflects an expansive view of executive authority that has also challenged the independence of federal agencies, a president's ethical obligations, and the U.S.'s role in the international order.
The violations in the 31 lawsuits are in addition to more than 250 instances of noncompliance judges have recently highlighted in individual immigration petitions — from failing to return property to keeping immigrants locked up past court-ordered release dates.
Legal scholars and former federal judges said they could recall at most a few violations of court rulings over the full four-year terms of other recent presidential administrations, including Trump's first time in office. They also noted previous administrations were generally apologetic when confronted by judges; the Trump administration's Justice Department has been outright combative in some cases.
"What the court system is experiencing in the last year and a half is just qualitatively completely different from anything that's preceded it," said Ryan Goodman, a law professor at New York University who studies federal courts and is tracking litigation against the Trump administration.
Though Trump officials eventually backed down in about a third of the 31 lawsuits, legal experts say their treatment of court orders poses serious dangers.
"The federal government should be the institution most devoted to the rule of law in this country," said David Super, a constitutional law scholar at Georgetown University. "When it ceases to feel itself bound, respect for the rule of law is likely to break down across the country."
The White House's aggressive policy moves have prompted a barrage of lawsuits — more than 700 and counting.
In October, U.S. District Judge William Smith took little time to conclude Homeland Security officials were flouting one of his orders. Smith, a nominee of George W. Bush, had blocked them from making billions of dollars in disaster relief funding to states contingent on cooperation with the president's immigration priorities.
Related listings
-
Wisconsin man who ordered ballots without consent found guilty of fraud
Intellectual Property 03/31/2026A jury convicted a Wisconsin man of election fraud and identity theft for requesting the ballots of Republican state Assembly Speaker Robin Vos and Democratic Racine Mayor Cory Mason without their consent.Jurors in Racine County on Tuesday found Harr...
-
Supreme Court rejects Trump plea to enforce asylum ban
Intellectual Property 12/22/2018A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling agains...
-
The Latest: New Mexico court blocks straight-ticket option
Intellectual Property 09/11/2018The New Mexico Supreme Court is blocking a ballot option that would have allowed voters to select candidates from one particular party in all races by marking a single box. The court made its decision Wednesday after listening to oral arguments ...
Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme
Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000.
The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.
“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”
At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.


