Friday was not a good day in court for the Trump administration.
The White House suffered not one but two federal court setbacks: Judges paused President Trump’s plan for mass layoffs at the Consumer Financial Protection Bureau and halted the administration’s deportation of immigrants to countries other than their place of origin without due process.
U.S. District Judge Amy Berman Jackson said she was “deeply concerned” about Trump’s attempt Thursday to fire nearly everyone at the CFPB, saying it would violate her earlier court order against the administration’s attempt to shut down the agency. Jackson has scheduled a hearing for April 28 to hear testimony from the officials behind the CFPB’s reduction in force.
“I’m willing to resolve it quickly, but I’m not going to let this [reduction in force] go forward until I have,” said Jackson.
The CFPB’s union estimated Trump’s layoffs could hit as many as 1,700 workers. The layoffs would result in the CFPB’s enforcement division being cut from 248 employees to just 50. The supervision division would go from 487 to 50 and be relocated from Washington, D.C., to the southeastern United States. In some cases, some of the agency’s legally required functions would only have one person assigned to them.
Hours before Jackson’s ruling, U.S. District Judge Brian Murphy issued a separate injunction against the Trump administration’s deportation of immigrants to countries such as El Salvador, regardless of where those immigrants are from.
“Defendants argue that the United States may send a deportable alien to a country not of their origin, not where an immigration judge has ordered, where they may be immediately tortured and killed, without providing that person any opportunity to tell the deporting authorities that they face grave danger or death because of such a deportation,” Murphy wrote in his ruling.
“All nine sitting justices of the Supreme Court of the United States, the Assistant Solicitor General of the United States, Congress, common sense, basic decency, and this Court all disagree,” Murphy added.
Last month, the White House cited the 1798 Alien Enemies Act to deport Venezuelan immigrants that it claims are gang members to the Centro de Confinamiento del Terrorismo, a Salvadoran prison known for human rights abuses, without court hearings for the accused. Many of the immigrants didn’t have criminal records and were considered gang members merely for having tattoos, which isn’t even a clear indicator of gang affiliation in Venezuela.
Trump won’t react positively to the rulings, and may even defy them, as he has done with other court orders. It’s another example of how recklessly his administration operates, taking action without any regard for legality or constitutionality. The question is whether Congress or the Supreme Court will eventually limit his authority as the Constitution demands.