All articles tagged with #first circuit
The First Circuit ruled that DHS must give detainees a meaningful opportunity to contest deportation to third countries and require prior notice, rebuking the Trump administration’s policy of removals with limited safeguards; the decision largely upholds a lower court finding that the policy violated due process and is likely to be appealed to the Supreme Court.
The 1st U.S. Circuit Court of Appeals declined to pause a lower-court injunction blocking a USPS rule that would tighten mail-in voting ahead of November elections, keeping the administration’s rule on hold while the Supreme Court weighs a similar request. The court stressed that election regulation is primarily up to states and Congress, warned the rule could disenfranchise millions with minimal fraud benefits, and noted that the Supreme Court’s ruling on the matter is forthcoming.
The Trump administration asked the First Circuit to treat a district court’s 14‑day TRO blocking parts of USPS’s final mail-ballot rule as an appealable injunction and to issue an immediate stay, arguing ballots may go out before the order lifts. Judge Talwani had blocked mandatory envelope and portal provisions for the 2026 election, while DOJ contends the rule is a modest regulation on states, not a takeover of election administration.
The First Circuit reversed district-court orders blocking the termination of Temporary Protected Status for Ethiopia and South Sudan, ruling that such blocks conflicted with the Supreme Court’s Mullin v. Doe decision and cannot halt TPS terminations on non-constitutional grounds; the three-judge panel (two Biden appointees and one Trump appointee) thus allowed TPS terminations to proceed, a perceived victory for the administration amid ongoing immigration litigation.
A federal appeals court (the 1st U.S. Circuit) refused to lift an injunction blocking key parts of Trump’s March executive order to tighten mail-in voting in 23 states, saying states must respond now to looming deadlines as federal agencies prepare new rules. The lower court had found aspects of the order unconstitutional, and the DOJ sought a brief stay pending appeal; the ruling keeps the injunction in place while the case advances.
A federal judge in Boston paused his June 8 order vacating the $100,000 H-1B fee as the Trump administration seeks an emergency appeal to the First Circuit; DOJ argues the fee is justified under foreign commerce and immigration powers, with related challenges pending in other courts as the case California v. Mullin advances.
The Department of Justice filed to dismiss its appeal of a federal court’s December ruling that vacated the Trump administration’s wind permitting moratorium, effectively reopening federal wind project approvals under existing law. The case—brought by New York and 16 states plus a trade group—centers on the pause of onshore and offshore wind permits; the court’s decision vacated the permit pause while keeping the lease withdrawal in place. The dismissal requires approval from the First Circuit, which is typically granted when both parties consent. This development means developers can pursue permits under current regulations, with further updates to follow.