DOJ ‘sending a message’ by moving to sanction a lawyer who took pro bono deportation case

DOJ ‘sending a message’ by moving to sanction a lawyer who took pro bono deportation case

Politico reports:

The Trump administration is escalating its efforts to punish lawyers whom it sees as obstacles to the president’s agenda.

The Justice Department is asking a federal judge to impose “substantial monetary sanctions” on a California lawyer who briefly halted but ultimately failed to block the deportation of an immigrant from Laos who pleaded guilty to attempted murder in the 1990s.

Joshua Schroeder, an immigration and intellectual property attorney based in Los Angeles, appears to be the first target of President Donald Trump’s vow to discipline lawyers who hit the federal government with lawsuits that the administration deems frivolous.

Legal experts described the sanctions motion against Schroeder, which hasn’t been previously reported, as highly unusual. DOJ brought the disciplinary action after Schroeder asked federal judges to stop the deportation of his client, Vang Lor. In emergency court papers seeking to block the deportation, Schroeder cited the administration’s aggressive effort to expel other foreigners under the Alien Enemies Act, and he argued that his own client might be unlawfully ensnared in that effort.

Schroeder succeeded for a couple of weeks, but the Trump administration is now arguing that he falsely claimed his client was facing deportation under that rarely invoked law — and that he persisted even after government lawyers explained the deportation was based on ordinary immigration law.

DOJ’s forceful counterpunch comes after Trump signed a presidential memorandum in March instructing Attorney General Pam Bondi “to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States,” including immigration lawyers.

“This is part of the playbook that was announced,” UCLA law professor Scott Cummings said. “Would DOJ, under normal circumstances, move for sanctions against a lawyer who sought to protect their client from removal in this kind of a context? I don’t think so.”

“This is sending a message across the bow that, ‘Look, we are really serious about going after the lawyers, and here’s the case that we’re going to make real the comments that Trump made in his executive memorandum, and any other lawyers that are going to engage in this kind of representation need to be aware,’” Cummings added.

Schroeder said he views DOJ’s bid to fine him for his deportation-related lawsuits as part of Trump’s pressure campaign against law firms he regards as opposing his policies or supporting his political enemies.

“It reminds me of the executive orders that are really targeting these big law firms,” Schroeder said in an interview. “They’re able to go all the way down to the very bottom, that’s where I am — no offense to myself … It’s top to bottom. It’s not just this elite struggle.” [Continue reading…]

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