Kyle Cheney Profile picture
Senior legal affairs reporter for @POLITICO with a focus on democracy, law and the balance of power in government. Tips: kcheney@politico.com NY ➡️ BOS ➡️ DC
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May 2 5 tweets 3 min read
In late night filing, Trump administration advances new legal arguments re: Alien Enemies Act.

1) U.S. has no “enforceable” agreement with El Salvador to retain custody over deported migrants. storage.courtlistener.com/recap/gov.usco…Image
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2) “Vague” statements by U.S. officials about paying El Salvador for detention of deportees are not enough. storage.courtlistener.com/recap/gov.usco…Image
Apr 30 4 tweets 2 min read
BREAKING: A judge has ordered the immediate release of Mohsen Mahdawi, a Columbia student detained amid Trump administration crackdown on pro-Palestinian activists.

@liz_crampton was in the Vermont courthouse where the decision just came down.

Details TK He's already out 📸: @liz_crampton

Apr 25 4 tweets 2 min read
NEWS: After canceling thousands of foreign students' immigration records — threatening their ability to study and live in the US — the Trump administration has reversed course and restored them all.

It follows intense pushback from courts across the country.

Details TK ICE had terminated the records of thousands of students from a federal database called SEVIS that tracks their legal status in the country. The effect of those terminations was in dispute, but many students said they had been barred from continuing their studies and were at risk of deportation.

The reason ICE appeared to have canceled their SEVIS records? Minor legal infractions that showed up in criminal history searches — which the law explicitly says is not a basis to deny a foreign student, studying on an F1 visa, their legal status.

Now, after dozens of judges across the country flagged the likely illegality, ICE says it won't do that anymore. politico.com/news/2025/04/2…
Apr 24 4 tweets 1 min read
It is unfathomable that Martin was unaware of the widely publicized allegations about Hale-Cusanelli, who he has interviewed for hours and whose case made national headlines for years after Jan.6. March 13, 2021: politico.com/news/2021/03/1…
Apr 18 5 tweets 3 min read
BUSY NIGHT FOR THE COURTS: Late last night, a federal judge issued a preliminary injunction barring DOGE’s access to sensitive Social Securitt data, saying the government flouted the law to provide unfettered access to DOGE without a reasonable basis. storage.courtlistener.com/recap/gov.usco…Image ALIEN ENEMIES ACT: The Trump administration filed an emergency motion to block Judge Boasberg’s initiation of contempt proceedings, saying his suggestion of forcing the administration to prosecute itself — or bring back deported Venezuelans — is unconstitutional.” Image
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Apr 16 6 tweets 3 min read
JUST IN: Judge Boasberg finds probable cause to hold administration in contempt of court for defying his order to turn around planes, demands new details in order for officials to “purge” their contempt. Details TK Image BOASBERG said the evidence shows willful defiance by the Trump administration that amounts to criminal contempt. Full 46-page opinion: ecf.dcd.uscourts.gov/cgi-bin/show_p…Image
Apr 15 15 tweets 4 min read
DOJ provides no new information on Abrego Garcia but says if he manages to return to the US, they'll detain him and remove him to a different country (not El Salvador) or seek to "terminate" his order of removal and send him back to El Salvador...

which is the lawful process. storage.courtlistener.com/recap/gov.usco…Image Joseph Mazzara, ICE's general counsel, filed this update with the court. He also is present in court today.
Apr 13 4 tweets 2 min read
JUST IN: The Trump administration says it has "no updates" for Judge Xinis about efforts to facilitate return of Kilmar Abrego Garcia. Reiterates that a judge in 2019 viewed him as a member of MS-13.

storage.courtlistener.com/recap/gov.usco…Image THERE'S MORE: In a separate filing, the govenrment says its arrangement with El Salvador to house deportees in the notorious CECOT prison is classified. storage.courtlistener.com/recap/gov.usco…Image
Apr 11 21 tweets 5 min read
Hello from Greenbelt, MD, a few hours before an urgently arranged court hearing in the case of Kilmar Abrego Garcia.

DOJ is under a court order to provide an update on efforts to bring him to the U.S. from El Salvador by 9:30am.

politico.com/news/2025/04/1… DOJ trying to cancel today's hearing and delay filing a response to the judge's order.

storage.courtlistener.com/recap/gov.usco…Image
Apr 11 5 tweets 2 min read
A federal judge is not prepared to “rubber stamp” the dismissal of charges against a Jan. 6 defendant who was separately convicted of an unrelated gun charge.

Judge James Bredar is asking prosecutors to explain why they suddenly claim Trump’s pardon covers this — and to explain the “inconsistent” positions it has taken on this question over the past two months.

storage.courtlistener.com/recap/gov.usco…Image DOJ has taken the position that Trump J6 pardon applies to:

1) Ben Martin (gun conviction w history of domestic violence)
2) Dan Wilson (gun conviction w a felony record)
3) Elias Costianes (gun conviction w history of drug abuse)
4) Jeremy Brown (possession of grenades, guns, classified info)
Apr 9 4 tweets 3 min read
NEW: The Justice Department says Jan. 6 defendants whose convictions were wipred out by Trump are owed a refund for the restitution they paid to Congress.

politico.com/news/2025/04/0…Image DOJ's position came in response to a request for a refund by defendant Stacy Hager, who wants back the $500 he paid to the architect of the Capitol after his conviction.

"The government agrees that Hager is entitled to the return of those funds." politico.com/news/2025/04/0…Image
Apr 8 4 tweets 2 min read
BREAKING: Judge McFadden has *granted * the AP’s injunction against the White House’s ban on access to the Oval Office and East Room. Image There are plenty of good reasons the White House could restrict access to reporters from some events, the Trump-appointed judge concluded. But singling out some outlets over viewpoint is not one of them.
Apr 7 6 tweets 2 min read
Just two US senators asking questions abut random assignment in the federal US district court in DC that could be answered by ... actually paying attention to the federal district court in DC. 1/6 Image There are an enormous number of high-profile cases in Washington because the seat of government is here. Boasberg, over the last 4 years, probably got a lower share. of those explosive, Trump-related cases than most of his colleagues. 2/6
Apr 7 4 tweets 2 min read
BREAKING: The 4th Circuit has *denied* the Trump administration's effort to resist an order to return Kilmar Abrego Garcia to the United States by midnight tonight.

Judge Xinis' order is still in effect. s3.documentcloud.org/documents/2588…Image MORE: The panel, which ruled unanimously, scolds the Justice Department for penalizing the lawyers who argued the case. "The duty of zealous representation is tempered by the duty of candor to the court ... and the duty to uphold the rule of law." s3.documentcloud.org/documents/2588…Image
Apr 6 4 tweets 3 min read
JUST IN: Saying the Trump administration’s “grievous error” “shocks the conscience,” a federal judge has rejected their call to lift her order demanding the return of Kilmar Abrego Garcia. storage.courtlistener.com/recap/gov.usco…Image Judge Xinis notes that the prison in El Salvador is known to deprive prisoners of food, water and shelter and “fosters routine violence.” storage.courtlistener.com/recap/gov.usco…Image
Apr 3 7 tweets 2 min read
HAPPENING NOW: Judge Boasberg says he believes the Trump administration "acted in bad faith" on the day of the Alien Enemies Act deportations.

Boasberg says his impression is that "if you really believed everything you did that day was legal and would survive a court challenge, you wouldn’t have operated the way you did"

He notes that Trump signed the proclamation on Friday, March 14 but it wasn't made public until Saturday the 15th in the afternoon. Yet in the meantime, ICE teed up more than 100 purported Venezuelans for summary deportation well before it was made public. Boasberg began the hearing by ticking through a set of undisputed facts, with the Trump administration lawyer agreeing to each.

-"My TROs did not order any TdA member to be released from custody"
-"The TROs did not prevent the govenrment from apprehending any TdA member."
-The TROs, he noted, also did not bar the administration from deporting any TdA member through other well-established processes.
Mar 29 6 tweets 4 min read
NEW: Marko Elez is back in govt (and has been for weeks); Amy Gleason’s job is to recommend DOGE detailees to agencies (who can say no), Luke Farritor has access to 12 sensitive databases.

New details on DOGE in Saturday court filing.

w/ @joshgerstein

politico.com/news/2025/03/2…Image Here are the details on Farritor’s extensive access as well as the system’s Elez can see. politico.com/news/2025/03/2…Image
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Mar 28 5 tweets 3 min read
BREAKING: A second federal judge has barred the military from enforcing its ban on transgender service members. Details TK storage.courtlistener.com/recap/gov.usco…Image Judge Settle, a George W. Bush appointee, says the Trump administration provided no evidence that transgender service members negatively affect readiness, unit cohesion or lethality.

65-page opinion: storage.courtlistener.com/recap/gov.usco…Image
Mar 26 4 tweets 2 min read
BREAKING: The DC Circuit has *rejected* DOJ's effort to lift Judge Boasberg's block on Alien Enemies Act deportations.

Ruling is 2-1, with Judge Walker dissenting.
storage.courtlistener.com/recap/gov.usco…Image Judge Henderson (GHW Bush appointee) bases her ruling almost entirely on determination that Trump failed to justify claim of "invasion" or "predatory incursion." storage.courtlistener.com/recap/gov.usco…Image
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Mar 21 12 tweets 3 min read
HAPPENING NOW: Judge Boasberg has taken the bench as he weighs whether to vacate his restraining order on deportations under the Alien Enemies Act. Boasberg comes in hot: Wants to know why the lawyer who originally argued the case didn't show up to hearing Monday. He says the filings since have used "the kind of intemperate and disrespectful language I’m not used to hearing from the United States."
Mar 20 4 tweets 3 min read
BREAKING: A federal judge in Maryland has just barred DOGE from accessing Social Security systems, saying the group is on a "fishing expedition" that jeopardizes people's personal data.

storage.courtlistener.com/recap/gov.usco…Image NEW: Judge Hollander ruled that DOGE was granted unusual access to non-anonymized social security data and could not identify any basis for that degree of access.

She wants access limited, installed software removed and data taken out of SSA destroyed.

politico.com/news/2025/03/2…Image