District Judge Jennifer Thurston has ordered the release of Syrian asylum seeker Salam Maklad and barred her rearrest without constitutional safeguards. Advocates have raised concerns that contested grant rules are disrupting essential services, while officials have noted that the cases have tested federal authority.
In addition to Thurston’s decision, U.S. District Judge William Smith has blocked new Justice Department grant conditions related to diversity, equity, inclusion, and transgender rights. Both rulings represent legal blows to the Trump administration, as they directly challenge and overturn key policy actions.
Both rulings, issued this month, limit the administration’s ability to enforce its immigration and social policy priorities. Critics say this highlights judicial checks on executive authority despite Republican control in Congress and the White House.
Thurston wrote, “Respondents are PERMANENTLY ENJOINED AND RESTRAINED from re-arresting or re-detaining Ms. Maklad absent compliance with constitutional protections, which include at a minimum, pre-deprivation notice—describing the change of circumstances necessitating her arrest—and detention, and a timely bond hearing.”
Thurston added, “At any such hearing, the Government SHALL bear the burden of establishing, by clear and convincing evidence, that Ms. Maklad poses a danger to the community or a risk of flight, and Ms. Maklad SHALL be allowed to have her counsel present.”
Thurston ordered Maklad’s release after an ICE check-in triggered her detention, noting she has no criminal history and is not a flight risk. She barred ICE from rearresting Maklad without notice of changed circumstances and a timely bond hearing.
Smith granted preliminary relief to 17 nonprofits challenging updated Office on Violence Against Women grant terms. He found the conditions likely arbitrary under federal law.
Smith wrote, “On the one hand, if the Court does not grant preliminary relief, then the Coalitions will face real and immediate irreparable harm from the challenged conditions, conditions which the Court has already concluded likely violate the APA.”
Smith added, “This could result in the disruption of important and, in some cases, life saving services to victims of sexual assault and domestic violence. On the other hand, if the Court grants preliminary relief, then the Office will simply have to consider grant applications and award funding as it normally does.”
Democracy Forward President Skye Perryman said, “The Justice Department should be exploring what they can be doing to keep people and communities safe, not threatening funding for local and community organizations with proven results.”
https://www.msn.com/en-us/news/us/trump-suffers-double-legal-blow/ss-AA1KGtBW