National security responsibilities
National security responsibilities fall across many entities in the federal government. The federal courts are often consulted to evaluate how far the federal government can go to keep Americans safe. Find a news article from the last eight weeks that demonstrates judicial power over the actions of the federal bureaucracy (FBI, NSA, CIA, ICE, or other agencies or bureaus).
Sample Solution
On April 15th, 2021, the US Court of Appeals for the Ninth Circuit issued an opinion granting a preliminary injunction against a recently implemented federal rule that would bar certain non-citizens from obtaining permanent residency or visas if they are deemed to be likely to become "public charges". The Trump administration had sought to implement the rule which some analysts have argued is racially and economically motivated as part of its overall effort to restrict immigration.
The lawsuit challenging this new regulation was brought by The Northwest Immigrant Rights Project (NWIRP), which argued that it violates existing laws like the Immigration and Nationality Act. NWIRP also argued that because many immigrants rely on public benefits in order to survive, denying them access to those benefits violated their right to due process.
The court agreed with NWIRP's arguments, issuing a ruling which found that these new regulations were not consistent with existing law and thus could not be enforced. In addition, the court ruled that there was sufficient evidence of potential harm such as economic insecurity and other issues arising from implementing such a far-reaching policy without proper consideration for how it would affect people’s lives. As Judge William Fletcher wrote in his concurring opinion: “It appears quite likely...that [the rule] will result in numerous individuals being denied admission even though Congress has provided relief for them."
This case demonstrates judicial power over the actions of the federal bureaucracy in two ways. First, it serves as an example of how courts can check executive power when presented with compelling evidence as well as legal challenges regarding overly broad policies which may violate existing law or rights belonging to citizens or non-citizens alike. Second, this case is also significant because it shows how civil society organizations like Northwest Immigrant Rights Project can use litigation strategies as one way of pushing back against what they believe are discriminatory or oppressive actions taken by government entities like ICE or other agencies or bureaus at either state or federal level.