Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—White House seeks SCOTUS relief in one case, meanwhile faces questions as to whether it ignored a federal judge’s order in another, (Mar 17, 2025)

By Brandi O. Brown, J.D.

The administration has filed an application for stay of the injunction issued by a federal court in the dispute over its birthright citizenship-related EO.

On Sunday, March 16, 2025, the White House’s Press secretary issued a statement indicating that, under President Trump’s Proclamation Invoking the Alien Enemies Act regarding the Invasion of the United States by the Foreign Terrorist Organization Tren De Aragua (TDA), the Administration had arrested “nearly 300” individuals and that they were “extracted and removed to El Salvador.” In the hours between the proclamation and announcement, a lot happened. An emergency application for a temporary restraining order was filed in the D.C. federal court and, on the same day (March 15), the court granted the TRO and stated that the government “shall not remove any of the individual Plaintiffs from the United States for 14 days absent further Order of the Court.” Now, the Administration will likely face hard questions from the court about when, exactly, those people who were “extracted and removed to El Salvador” were removed. The Press Secretary already began fielding such questions over the weekend.

SCOTUS battle brewing. Meanwhile, on March 13, the Trump Administration sought the assistance of the U.S. Supreme Court regarding a preliminary injunction issued by a federal district court, after failing to obtain a stay from the First Circuit. In its application to the High Court, the administration contsends that it has only a “‘modest’ request” for the Court, that “while the parties litigate weighty merits questions, the Court should ‘restrict the scope’ of multiple preliminary injunctions that ‘purpor[t] to cover every person * * * in the country,’ limiting those injunctions to parties actually within the courts’ power.” It argues that “[u]niversal injunctions have reached epidemic proportions since the start of the current Administration” and that the “Court should declare that enough is enough before district courts’ burgeoning reliance on universal injunctions becomes further entrenched.” Justice Jackson, who received the application, has requested response to the application by April 4, 2025.

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