César Cuauhtémoc García Hernández's Avatar

César Cuauhtémoc García Hernández

@ccgarciahernandez

Author, Welcome the Wretched, Migrating to Prison, & Crimmigration Law. Williams Chair in Civil Rights & Civil Liberties, OSU Law. Words in NY Times, LA Times y más.

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19.11.2024
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Latest posts by César Cuauhtémoc García Hernández @ccgarciahernandez

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DHS announced that it will stop issuing diversity visas, at least temporarily. In 2017, the Trump administration issued 51,592 diversity visas, including only 14 Portuguese citizens. Most people who receive a diversity visa in any given year are citizens of Asian or African countries.

19.12.2025 16:26 👍 0 🔁 0 💬 0 📌 0
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Officer arrested by ICE is missed by colleagues and was eligible to work Officials in a Maine town where immigration authorities arrested a police officer say the officer was a trusted member of the force who is missed by his colleagues

DHS says relying on DHS to verify immigration status & employment authorization is "reckless." “The Old Orchard Beach Police Department’s reckless reliance on E-Verify...violates federal law” abcnews.go.com/US/wireStory...

01.08.2025 15:32 👍 1 🔁 0 💬 0 📌 0

This decision reinforces what I've noticed over the last 6 months of reading briefs & listening to arguments made by DOJ - they are treating lower courts like speed bumps on the way to the Supreme Court where they expect a friendly audience that will overlook problems with their strategy or the law.

28.07.2025 16:09 👍 2 🔁 0 💬 0 📌 0
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Order – #203 in State of New Jersey v. Trump (D. Mass., 1:25-cv-10139) – CourtListener.com District Judge Leo T. Sorokin: ORDER entered. ORDER ON SCOPE OF PRELIMINARY INJUNCTION. (FGD) (Entered: 07/25/2025)

The most recent decision in a birthright citizenship case illustrates bad lawyering. The judge calls out the Justice Dept for "obduracy in refusing to explore specific alternatives and their workability." Basically, DOJ isn't taking the litigation seriously. www.courtlistener.com/docket/69561...

28.07.2025 16:06 👍 1 🔁 0 💬 1 📌 0
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Here's the full text of Judge Laplante's order temporarily blocking the Trump administration from enforcing the birthright citizenship executive order. www.aclu.org/cases/barbar...

10.07.2025 16:06 👍 0 🔁 0 💬 0 📌 0

OSU has a banned words list for multimedia postings:

Diversity
DEI/DEIJ (Diversity, Equity and Inclusion/Diversity, Equity, Inclusion and Justice)
Equity
Implicit bias
Inclusion
Inclusive Excellence
Racial justice
Social justice
Underrepresented/underprivileged/underserved
Antiracism

#censorship

28.06.2025 19:53 👍 2 🔁 2 💬 0 📌 0
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Does Justice Alito really think that there is some possibility in which "today's decision will be of little more than minor academic interest"?

27.06.2025 15:51 👍 0 🔁 0 💬 0 📌 0
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In today's birthright citizenship decision, the majority of the justices take the position that courts sometimes can't force the Executive to follow the law. That begs the question: if courts can't force the president to follow the law, who can?

27.06.2025 15:34 👍 0 🔁 0 💬 1 📌 0

It’s notable that in today’s decision releasing Mahmoud Khalil from ICE imprisonment, the federal judge explained that the government hasn’t provided evidence suggesting electronic monitoring or bond is necessary.

20.06.2025 20:34 👍 1 🔁 0 💬 0 📌 0
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Here's a longer video of Brad Lander's detention just now inside 26 Federal Plaza as he tried to walk a man out of immigration court, by masked federal agents.

17.06.2025 16:17 👍 11855 🔁 5276 💬 820 📌 1320
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McAllen, Texas #RGV

14.06.2025 23:16 👍 5 🔁 3 💬 0 📌 0

I've known David for years. I've seen him fight with slaughterhouse workers in Greeley, housekeepers in Telluride, Uber & Lyft drivers along the Front Range, and renters all over Colorado. I'm thrilled to see him join the race for Attorney General of Colorado. Join me in contributing to his campaign

13.05.2025 15:06 👍 1 🔁 0 💬 0 📌 0
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And then the court points out the obvious...

22.04.2025 20:54 👍 1 🔁 0 💬 0 📌 0

Building on DC Circuit Court Judge Henderson's concurring opinion last month in J.G.G. v Trump, Judge Sweeney doesn't buy the Trump administration's invocation of the Alien Enemies Act because there's no war or predatory incursion ongoing & Tren de Aragua isn't a hostile nation.

22.04.2025 20:48 👍 2 🔁 1 💬 1 📌 0
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A Colorado federal court temporarily blocks DHS from removing people under the Alien Enemies Act. The judge requires DHS to provide 21 days of notice in language migrant understands. storage.courtlistener.com/recap/gov.us...

22.04.2025 20:33 👍 2 🔁 1 💬 1 📌 0
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Alleged ICE arrest outside Douglas County courthouse captured on video - Douglas County News Press A video recorded during a courthouse rally in Douglas County appears to show an alleged ICE arrest. The sheriff's office says it was not involved. Here's what we know so far.

Masked men who refuse to identify themselves haul a man into a black SUV during an anti-police brutality protest at a Colorado courthouse. Advocates suspect they were from ICE. coloradocommunitymedia.com/2025/04/17/a...

18.04.2025 15:59 👍 1 🔁 1 💬 0 📌 0
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The most explicit statement from a court that I've seen recognizing that the Trump administration is challenging the rule of law. This is from today's 4th Circuit order denying the DHS emergency stay in Kilmar Abrego García's case.

17.04.2025 20:34 👍 1 🔁 0 💬 0 📌 0
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Yesterday, my Ohio State colleague, Emily Brown, who runs our immigration law clinic, sued DHS over its decision to terminate an OSU PhD student's immigration status. They walk into federal court today. I couldn't be prouder to be part of an academic community that sticks up for our students.

17.04.2025 18:15 👍 2 🔁 0 💬 0 📌 0
EMERGENCY MOTION FOR STAY PENDING APPEAL AND PETITION FOR WRIT OF MANDAMUS
Article II of the Constitution bestows on the President-and through him, the
Executive Branch-the exclusive power over foreign relations. The Supreme Court
reaffirmed that principle in this very case, unanimously rejecting the District Court's
unprecedented command that the Executive actually effectuate the return of Abrego Garcia from El Salvador—i.e., force a foreign sovereign to relinquish one of its own citizens. Under the guise of an amended order, however, the same District Court has set down the same unjustifiable path, all in service of a member of a foreign terrorist organization with no valid right to be in the United States in the first place. This
Court's immediate intervention is needed.
The federal courts do not have the authority to press-gang the President or his
agents into taking any particular act of diplomacy. Instead, in this context, the courts only have the authority to order the Executive to "facilitate" the return of an alien removed abroad. And as that term has long been understood and applied, that means

EMERGENCY MOTION FOR STAY PENDING APPEAL AND PETITION FOR WRIT OF MANDAMUS Article II of the Constitution bestows on the President-and through him, the Executive Branch-the exclusive power over foreign relations. The Supreme Court reaffirmed that principle in this very case, unanimously rejecting the District Court's unprecedented command that the Executive actually effectuate the return of Abrego Garcia from El Salvador—i.e., force a foreign sovereign to relinquish one of its own citizens. Under the guise of an amended order, however, the same District Court has set down the same unjustifiable path, all in service of a member of a foreign terrorist organization with no valid right to be in the United States in the first place. This Court's immediate intervention is needed. The federal courts do not have the authority to press-gang the President or his agents into taking any particular act of diplomacy. Instead, in this context, the courts only have the authority to order the Executive to "facilitate" the return of an alien removed abroad. And as that term has long been understood and applied, that means

NEW: The Trump admin asks the Fourth Circuit for an emergency stay of Judge Xinis's order to "facilitate" Kilmar Abrego Garcia's return, arguing that the court has no authority to demand it take any affirmative steps to secure his release. storage.courtlistener.com/recap/gov.us...

17.04.2025 13:37 👍 709 🔁 218 💬 47 📌 77
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U.S. Government Illegally Detains Father of Two in Notorious Salvadoran Prison The American Immigration Council, National Immigration Project, and the Center for Constitutional Rights today filed an amended habeas corpus petition on behalf of Mr. Edicson David Quintero Chacón.

BREAKING: We've filed a lawsuit with @ccrjustice.org and @nipnlg.bsky.social for the U.S. government to secure the release of Mr. Edicson David Quintero Chacón from El Salvador's notorious mega-prison CECOT.

The 28-year-old father of two is being illegally detained at CECOT with no due process.

16.04.2025 20:36 👍 327 🔁 101 💬 5 📌 8
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"A Guatemalan immigrant with no Massachusetts criminal record was arrested Monday...after federal agents shattered the glass on his vehicle as he and his wife waited inside the car for their lawyer to arrive." newbedfordlight.org/lawyer-feder...

15.04.2025 17:01 👍 0 🔁 0 💬 0 📌 0

Represented by the ACLU of Colorado, the two Venezuelans argue that Trump's use of the Alien Enemies Act isn't permitted by the terms of the statute, conflicts with the Immigration and Nationality Act, violates asylum, withholding of removal requirements, & due process

14.04.2025 17:02 👍 0 🔁 0 💬 0 📌 0

Like ongoing litigation in South Texas, this lawsuit requests that the court temporarily block the Trump administration from removing anyone detained in Colorado under the Alien Enemies Act

14.04.2025 16:59 👍 0 🔁 0 💬 1 📌 0
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The newest lawsuit challenging the Trump administration's attempted use of the Alien Enemies Act is brought by two Venezuelan citizens living & currently detained in the Denver area. Federal officials have described both as Tren de Aragua members.

14.04.2025 16:54 👍 0 🔁 0 💬 1 📌 0
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COLLINS: Can President Bukele weigh in on this? Do you plan to return Garcia?

BUKELE: How can I smuggle a terrorist into the United States? Of course I'm not going to do it. The question is preposterous


TRUMP: These are sick people

14.04.2025 16:02 👍 4067 🔁 1335 💬 1208 📌 1213
For the reasons discussed during today’s status conference, the Court finds that the Defendants have failed to comply with this Court’s Order at ECF No. 51. In advance of the conference, the Court had directed Defendants to file a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return. ECF No. 51. Defendants made no meaningful effort to comply. Instead, they complained that the Order is “unreasonable and impracticable,” and involves “sensitive country-specific considerations wholly inappropriate for judicial review.” ECF No. 59 at 2.

For the reasons discussed during today’s status conference, the Court finds that the Defendants have failed to comply with this Court’s Order at ECF No. 51. In advance of the conference, the Court had directed Defendants to file a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return. ECF No. 51. Defendants made no meaningful effort to comply. Instead, they complained that the Order is “unreasonable and impracticable,” and involves “sensitive country-specific considerations wholly inappropriate for judicial review.” ECF No. 59 at 2.

NEW from judge in Maryland immigrant Kilmar Abrego Garcia's case:

"For the reasons discussed during today’s status conference, the Court finds that the [Trump admin] have failed to comply with this Court’s Order..."

Next hearing: Tuesday, April 15 at 4 pm storage.courtlistener.com/recap/gov.us...

11.04.2025 20:32 👍 583 🔁 170 💬 40 📌 17
ORDER
The Supreme Court’s April 10, 2025 decision in Noem v. Abrego Garcia, 604 U.S.—–,
No. 24A949, affirmed this Court’s Order at ECF No. 21 (the “Order”), and directed that on
remand, this Court clarify its use of the term “effectuate,” according proper deference to the
Executive Branch in its conduct of foreign affairs. See Slip Op. at 2. To this end, the Court
hereby amends the Order to DIRECT that Defendants take all available steps to facilitate the
return of Abrego Garcia to the United States as soon as possible.
Further, as the Supreme Court made clear, “the Government should be prepared to share
what it can concerning the steps it has taken and the prospect of further steps.” See Slip Op. at 2.
Accordingly, the Court DIRECTS Defendants to file, by no later than 9:30 AM ET on Friday,
April 11, 2025, a supplemental declaration from an individual with personal knowledge,
addressing the following: (1) the current physical location and custodial status of Abrego Garcia;
(2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to
the United States; and (3) what additional steps Defendants will take, and when, to facilitate his
return. To the extent Defendants believe any portion of their submission must be filed under (page ends here)

ORDER The Supreme Court’s April 10, 2025 decision in Noem v. Abrego Garcia, 604 U.S.—–, No. 24A949, affirmed this Court’s Order at ECF No. 21 (the “Order”), and directed that on remand, this Court clarify its use of the term “effectuate,” according proper deference to the Executive Branch in its conduct of foreign affairs. See Slip Op. at 2. To this end, the Court hereby amends the Order to DIRECT that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible. Further, as the Supreme Court made clear, “the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.” See Slip Op. at 2. Accordingly, the Court DIRECTS Defendants to file, by no later than 9:30 AM ET on Friday, April 11, 2025, a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return. To the extent Defendants believe any portion of their submission must be filed under (page ends here)

NEW: Judge Xinis orders the govt to "take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible."

She also directs the govt to file a status update on Abrego Garcia by tomorrow morning at 9:30 a.m. storage.courtlistener.com/recap/gov.us...

11.04.2025 02:46 👍 2854 🔁 656 💬 27 📌 43
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The Court’s order is available here: www.supremecourt.gov/search.aspx?...

10.04.2025 23:26 👍 0 🔁 0 💬 0 📌 0
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Supreme Court unanimously says district court can order Trump administration to “facilitate “ return of Kilmar Abrego García but is less sure on the court’s power to force federal officials to “effectuate” his return.

10.04.2025 23:24 👍 1 🔁 0 💬 1 📌 0