Sharing my latest article, Agency Fact-Making, forthcoming in the @yalelawjournal.bsky.social! The paper describes the fact-making, or epistemic, function of the administrative state and identifies how political control over fact-making undermines democratic norms. papers.ssrn.com/sol3/papers....
Haiyun Damon-Feng
@hdamonfeng.bsky.social
Assistant Professor, Cardozo School of Law. Thinking and writing about administrative law, immigration, executive power, and race.
Alex Pretti "used to tell people off when they made sexist comments to female physicians. He bought me coffee when I had a really bad day as an intern...I laughed alongside him daily. He made a point to teach medical residents without judgement, but with a smile on his face and a joke."
SIX HOURS. "Federal immigration officers may deport immigrants with as little as six hours’ notice to countries other than their own even if officials have not provided any assurances that the new arrivals will be safe from persecution or torture." www.washingtonpost.com/immigration/...
ICE memo outlines plan to deport migrants to countries where they are not citizens
The dramatic shift in policy could result in thousands of immigrants being deported to places where they lack family ties or even a common language.
washingtonpost.com
New, from me: They are trying to shove through the massive reconciliation bill as quickly as possible. Stepping back, the bill is: *an assault on the poor to benefit the richest *an assault on freedom *an assault on the future donmoynihan.substack.com/p/how-the-re...
How the reconciliation bill would change America
An assault on the poor, on freedom and the future
donmoynihan.substack.com
How do the lawyers prosecuting family regulation matters think about the nature and goals of their job? Turns out - it depends - and it doesn’t necessarily align with judgments about what’s best for the kids the system is purporting to protect. @annaarons.bsky.social new paper out in Penn Law Review
My paper, Prosecuting Families, is out! As with so many good ideas, it began when a prosecutor said something to me in court that enraged me--this time, "Don't blame me, Ms. Arons, I'm just doing my job!" as she sought to separate 2 tiny kids from their mom. scholarship.law.upenn.edu/penn_law_rev...
1/2 On left: Trump administration might have just moved detainees from SD Texas to ND Texas to deport them under Alien Enemies Act Proclamation On right: Standing SD Texas judicial order prohibiting detainees removal from SD Texas under the Alien Enemies Act Proclamation
Today, the @nytimes.com published an article on how the GEO Group - one of the world’s largest for-profit prison companies - provides ICE with mass immigration surveillance services.
How Geo Group’s Surveillance Tech Is Aiding Trump’s Immigration Agenda (Gift Article)
Geo Group, a private prison firm that makes digital tools to track immigrants, becomes one of the Trump administration’s big business winners as its tech is increasingly used in deportations.
nytimes.com
BREAKING: Trump admin says it mistakenly deported a Maryland father who had *withholding of removal* back to El Salvador on March 15. Govt told court Monday it won't bring Kilmar Abrego Garcia back. "What.The.Fuck..." one govt attorney told me. www.theatlantic.com/politics/arc... @theatlantic.com
An ‘Administrative Error’ Sends a Maryland Father to a Salvadoran Prison
The Trump administration says it mistakenly deported an immigrant with protected status but that courts are powerless to order his return.
theatlantic.com
Breaking News: The law firm Jenner & Block sued the Trump administration, making it the second firm recently targeted by President Trump to fight back in court.
Jenner & Block Sues to Stop Trump’s Executive Order Against Law Firm
President Trump has targeted big law firms that he said have “weaponized” the legal system.
nytimes.com
Homeland Security secretary Kristi Noem making content in front of the imprisoned men of El Salvador's notorious Terrorism Confinement Center mega-prison www.washingtonpost.com/technology/2...
"A terrified young student, snatched off the street by a masked police force taken thousands of miles across the country without anyone knowing. It is as flatly authoritarian as anything we have ever seen in this country," says @chrislhayes.bsky.social on Tufts student Rumeysa Ozturk's detention.
This guy is in one of the worst prisons in the world with no way out and may spend the rest of his life there because, it appears, he has an autism awareness tattoo in honor of his little brother. www.motherjones.com/politics/202...
The President does not have the constitutional or statutory authority to dictate the content of voter registration forms. This EO is an incredibly dangerous power grab. www.whitehouse.gov/presidential...
Preserving and Protecting the Integrity of American Elections
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Purpose and
whitehouse.gov
And here we go -- Fox News is now saying we should get rid of "due process" because it's too cumbersome. Brian Kilmeade: "But I also think it's not practical to think that we can do due process on 8 million people." www.mediamatters.org/brian-kilmea...
Fox's Brian Kilmeade: “It's not practical to think that we can do due process on 8 million people” Co-host Lawrence Jones: Constitutional rights “are afforded to illegals in this country. We should re...
mediamatters.org
"While the Government enjoys significant discretion in administering [the U.S. Refugee Admissions Program], that discretion does not extend to abandoning statutory obligations or rendering the program effectively inoperative." Opinion and order: storage.courtlistener.com/recap/gov.us...
BREAKING: After a federal judge issued an injunction ending the refugee resettlement funding freeze, Rubio just started terminating all of the contracts. Judge Jamal Whitehead issues a follow-on injunction tonight ordering the terminated agreements reinstated unless Rubio actually follows the law.
NEW: The Trump administration invokes the state-secrets privilege, saying it will give Judge Boasberg no more information about deportation flights to inform his decision about whether the gov't defied his orders storage.courtlistener.com/recap/gov.us...
Here is Trump's full memo to Bondi and Noem lashing out at the legal system, which includes significant attention on immigration litigation: www.documentcloud.org/documents/25...
032125-TrumpMemo-Lawyers
documentcloud.org
Federal judges are increasingly at their wits' end with the disingenuous, bad faith representations of the Trump administration in court. Today, one judge told DOJ lawyers, “The court is not going to be gaslit."
Judge smacks down Trump DOJ: This court will not be ‘gaslit’
YouTube video by MSNBC
youtube.com
WHOA. On March 15, a Cornell PhD student with UK and Gambian citizenship, here on a student visa, filed a lawsuit seeking to overturn Trump's EO aimed at foreign students accused of "antisemitism. Last night, the DOJ emailed asking him to come to ICE to be detained and put into removal proceedings.
New filing: "Taal v. Trump (Foreign Terrorist EO)" Doc #25: LETTER BRIEF by Sriram Parasurama, Momodou Taal, Mukoma Wa Ngugi. (Attachments: # 1 Affidavit Exhibit 4, # 2 Exhibit(s) Exhibit 5, # 3 Exhibit(s) Exhibit 6)(Lee,… [full entry below 👇] Download PDF | View Full Case #CL69743997
In @nytopinion.nytimes.com, me on “The Tom and Daisy Presidency,” and how there’s only so much courts can do, especially under current law, when at least part of the administration’s goal is to break things—and “let other people clean up the mess they had made.” www.nytimes.com/2025/03/20/o...
Opinion | Trump Is Breaking Things. They Can’t All Be Fixed by the Courts. (Gift Article)
Trump’s goal isn’t necessarily to win. It’s to break it all.
nytimes.com
Rubio’s position seems to be: - We get to say who is a terrorist. Our decision is final. It can’t be challenged. Just trust us. - Once we decide you are a terrorist, we can immediately deport you. No judges. - After we deport you, we can make you rot in a foreign prison. No criminal charges needed.
On Hugh Hewitt’s show, Marco Rubio says El Salvador is “housing” people sent by the US. But he never says on what possible legal authority? These people haven’t committed any crime in El Salvador and by their own admission “many” have never committed a crime in the US. It all seems entirely lawless.
“Linked to pro-Palestinian views” is apparently now grounds for arrest and due-process-free deportation.
SCOOP: Hooded ICE agents snatched Indian-born Georgetown postdoc Badar Suri from Rosslyn street Monday, per court filing. Like Khalil, linked to pro-Palestinian views & Rubio 'foreign policy' power, lawyer says. Then whisked to Louisiana. w/ @kyledcheney www.politico.com/news/2025/03...
If you're critical of the US government and you are planning to cross the US border any time soon, today is a good day to review EFF's border search pocket guide: www.eff.org/document/eff...
EFF Border Search Pocket Guide
border-pocket-guide-2.pdf
eff.org
BREAKING 🚨 🚨 🚨 French scientist denied US entry after phone messages critical of Trump found France’s research minister said the scientist was traveling to Houston for a conference when his phone was searched www.theguardian.com/us-news/2025...
French scientist denied US entry after phone messages critical of Trump found
France’s research minister said the scientist was traveling to Houston for a conference when his phone was searched
theguardian.com
NEW: The FDA largely protected food inspectors from staff cuts. But the credit card freeze in food science labs, the axing of a key food safety committee and funding cuts to state inspectors all limit efforts to keep food safe: www.nytimes.com/2025/03/19/h...
Food Safety Jeopardized by Onslaught of Funding and Staff Cuts (Gift Article)
The Trump administration halted some food testing and shut down a committee studying bacteria in infant formula. Earlier funding cutbacks under the Biden administration now threaten state labs and ins...
nytimes.com
New, from me: Trump is whitewashing American history, removing not just people, but also the stories, images, and values to anyone who does not conform to his impoverished vision of America. Here is a partial inventory. 🧵 donmoynihan.substack.com/p/whitewashi...
Whitewashing American history
The Trump Presidency as a project of erasure
donmoynihan.substack.com
I am a commissioner at the Federal Trade Commission. Earlier today, the president attempted to illegally fire me. This is corruption, plain and simple. I will see the president in court. My full statement:
NEW STATEMENT FROM CHIEF JUSTICE ROBERTS: "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose."