César Cuauhtémoc García Hernández
@ccgarciahernandez.bsky.social
260 followers 28 following 120 posts
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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ccgarciahernandez.bsky.social
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.
ccgarciahernandez.bsky.social
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...
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)
www.courtlistener.com
ccgarciahernandez.bsky.social
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...
Reposted by César Cuauhtémoc García Hernández
rcolker.bsky.social
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
Reposted by César Cuauhtémoc García Hernández
scwolf5.bsky.social
Does race impact who can remain in the #UnitedStates?

Listen to this fragment of my conversation with @ccgarciahernandez.bsky.social.

The full episode is available on Spotify and YouTube.

#immigrants #immigration #immigrationlaw #racism #CommonGroundWithSonjaWolf
ccgarciahernandez.bsky.social
Does Justice Alito really think that there is some possibility in which "today's decision will be of little more than minor academic interest"?
ccgarciahernandez.bsky.social
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?
ccgarciahernandez.bsky.social
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.
Reposted by César Cuauhtémoc García Hernández
gwynnefitz.bsky.social
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.
ccgarciahernandez.bsky.social
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
daveyseligman.bsky.social
I'm David Seligman.
I’m running for CO Attorney General.
This campaign is about reclaiming our power from the billionaires who have stolen it from us, from working families. We will fight. And we will win. Because we love our country the core promise it made to us: The law belongs to us.
ccgarciahernandez.bsky.social
And then the court points out the obvious...
ccgarciahernandez.bsky.social
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.
ccgarciahernandez.bsky.social
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...
ccgarciahernandez.bsky.social
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.
ccgarciahernandez.bsky.social
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.
Reposted by César Cuauhtémoc García Hernández
joshuajfriedman.com
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...
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
Reposted by César Cuauhtémoc García Hernández
ccgarciahernandez.bsky.social
"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...
ccgarciahernandez.bsky.social
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
ccgarciahernandez.bsky.social
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
ccgarciahernandez.bsky.social
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.
Reposted by César Cuauhtémoc García Hernández
atrupar.com
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