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In United States law, a nationwide injunction (also called a universal injunction[1][2] or national injunction) is injunctive relief in which a court binds the federal government even in its relations with nonparties.[3]: 418 In their prototypical form, nationwide injunctions are used to restrict the federal government from enforcing a statute or regulation.[4]: 2424
Nationwide injunctions have come into prominent use and controversy during the Obama and Trump administrations, when they have been used by federal judges to enjoin the enforcement of significant policies, including the implementation of the Deferred Actions for Parents of Americans policy[5] and the rescission of the Deferred Action for Childhood Arrivals policy.[6]
- ^ Wilson C. Freeman, The Travel Ban Case and Nationwide Injunctions, Congressional Research Service (May 2, 2018).
- ^ Dep't of Homeland Sec. v. New York, 140 S. Ct. 599, 600 (2020) (Gorsuch, J., concurring)
- ^ Samuel Bray, Multiple Chancellors: Reforming the National Injunction, 131 Harv. L. Rev. 417 (2017).
- ^ Trump v. Hawaii, 138 S. Ct. 2392 (2018) (Thomas, J., concurring)
- ^ Texas v. United States, 86 F. Supp. 3d 591 (S.D. Tex.), aff'd, 809 F.3d 134 (5th Cir. 2015), as revised (Nov. 25, 2015)
- ^ Alan Feuer, Second Federal Judge Issues Injunction to Keep DACA in Place, The New York Times (Feb. 13, 2018).
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