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Top Three News Stories:

1. Supreme Court Freezes Mass Venezuelan Deportations

On April 19 the Court, by a 5‑4 vote, issued an emergency stay blocking DHS from deporting 214 Venezuelan migrants under the 1798 Alien Enemies Act.  The majority concluded the government failed to provide individualized notice or a chance to contest gang‑affiliation allegations.  Flights that were preparing to depart for El Salvador were canceled, and the migrants were returned to detention facilities pending further review.  Justices Thomas and Alito dissented, warning that national security tools were being curtailed. Reuters

Legal Insight: 

The order reaffirms that due‑process guarantees in the Immigration and Nationality Act apply even when the Executive relies on centuries‑old wartime statutes.  Field offices must now compile case‑specific files documenting service of charges and opportunities to respond; missing paperwork exposes individual officers to Bivens‑type liability and potential contempt findings.  The stay signals heightened judicial scrutiny of executive immigration shortcuts and will likely spur additional habeas petitions whenever the Alien Enemies Act is invoked.

2. Draft Order Would Revive—and Broaden—Schedule F

A Department of Government Efficiency working draft dated April 19 proposes reinstating Schedule F and extending it beyond policy advisers to include HR, legal, budget, and communications positions that “influence interpretation or implementation of law.”  Agencies would have 45 days to identify positions for conversion, potentially stripping thousands of GS employees of adverse‑action rights.  The White House says the aim is “flexibility and accountability,” while unions promise immediate litigation.  OMB has not issued formal guidance, but several agencies have begun preparing provisional lists. Axios

Legal Insight:

Wholesale reclassification of filled positions conflicts with 5 U.S.C. § 7511 career‑status protections and past MSPB and Federal Circuit rulings requiring individualized analysis.  Employees forced into Schedule F could argue constructive adverse action and preserve MSPB appeal rights; retaining position descriptions, SF‑50s, and performance records will be critical evidence.  Agencies must bargain with unions over impact and implementation or face unfair‑labor‑practice charges.  Courts blocked the 2020 Schedule F order in part because it was “arbitrary and capricious”; expanding the concept invites similar Administrative Procedure Act challenges.

3. Judge Halts CFPB’s 1,400‑Employee Mass Firing

On April 20 U.S. District Judge Anita Shah issued a temporary restraining order stopping the Consumer Financial Protection Bureau from terminating nearly 90 percent of its workforce.  The agency had given employees 24 hours’ notice and bypassed established reduction‑in‑force procedures.  The judge cited “blatant disregard” of earlier directives requiring retention registers and meaningful review.  Payroll must continue and badge access be restored until a preliminary‑injunction hearing set for May 6. Reuters

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Mindful Moment of the Day: