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DOJ Says ICE Representation Impossible, Case Heads to Supreme Court

5/7/2026

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Story summary
  • Department of Justice lawyers say representing Immigration and Customs Enforcement is impossible because it withholds information, and attorneys must defend in cases, and dispute is headed to Supreme Court.
  • U.S. President Donald Trump’s administration argues residents remain “applicants for admission,” a view rejected by 300 courts.
  • Appeals courts are split 2–2, leaving it unresolved while the chief judge said ICE violated court orders in January 2026 than federal agencies have.