The Lawfare Podcast Lawfare Daily: Federal Judges Rule Against Trump on National Guard Deployment, Tariffs, and Removal of Migrant Children to Guatemala
Sep 3, 2025
A live discussion dives into significant judicial rulings affecting Trump’s policies, including a judge blocking the deportation of unaccompanied migrant children to Guatemala. They also evaluate a ruling that declared Trump’s National Guard deployment unlawful under the Posse Comitatus Act. The conversation highlights legal intricacies around military deployment, presidential authority, and recent tariff reversals. With a mix of serious analysis and humor, they examine how these decisions shape U.S. governance and the rights of vulnerable populations.
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Midnight Emergency Filing Stops Deportation Flights
- Attorneys filed an emergency suit and TRO early Sunday to stop ORR-held children from being flown to Guatemala.
- Judge Sparkle Suknanan issued a class TRO and ordered the government to return children to ORR custody and provide frequent status reports.
ORR Reunification Argument Was Legally Weak
- The government cited a narrow ORR statute to justify reunifying children with parents abroad, but the judge found that claim strained.
- Suknanan thought that reading would displace other statutory protections for unaccompanied children and enjoined removals pending briefing.
Use TROs And Status Reports To Check Rapid Moves
- Judges can control rushed government actions by issuing written TROs and demanding prompt status reports.
- Require documentary updates and tight deadlines to prevent executive bypass of judicial orders.