This Day in Legal History: Second Confiscation Act
On July 17, 1862, President Abraham Lincoln signed the Second Confiscation Act into law, dramatically expanding federal wartime powers during the Civil War. Building on a more limited first version passed in 1861, the new act authorized the seizure of property—particularly land and slaves—from individuals engaged in or supporting the rebellion. It declared that any Confederate supporter who did not surrender within sixty days would have their property “forfeited and seized” by the United States government. Crucially, the law applied even to those who had not been convicted in court, effectively bypassing traditional due process protections.
One of the most controversial aspects was the emancipation provision: slaves of disloyal owners were to be “forever free.” While limited in scope—applying only to territories held by Union forces and to those enslaved by rebels—it marked a key moment in the legal evolution of emancipation as a war aim. Lincoln, a lawyer sensitive to constitutional boundaries, had reservations about the law’s due process implications. To address these, he issued a “signing statement” urging that the law be enforced in a way that preserved judicial oversight where possible.
Still, the act laid the legal groundwork for broader emancipation efforts, including the Emancipation Proclamation issued six months later. It also reflected increasing pressure from abolitionist Republicans in Congress who sought a more aggressive stance against the Confederacy. The Confiscation Act expanded the Union's legal toolkit for undermining Confederate infrastructure and punishing rebellion, though enforcement was often inconsistent on the ground. It pushed the boundaries of property rights and signaled a shift in federal authority during wartime.
A U.S. appeals court appears likely to block the Trump administration’s effort to revoke Temporary Protected Status (TPS) for nearly 350,000 Venezuelan immigrants. During oral arguments on July 16, 2025, a three-judge panel from the 9th Circuit Court of Appeals questioned the abrupt reversal of TPS protections just days after President Trump and Homeland Security Secretary Kristi Noem took office. Judges expressed skepticism about the administration’s rationale, particularly since the Biden administration had extended TPS protections until October 2026 only two weeks earlier.
Judge Kim McLane Wardlaw questioned how conditions in Venezuela could have changed so significantly in such a short timeframe. Government attorney Drew Ensign argued that the Biden administration's extension was legally insufficient and that agencies have the authority to reconsider decisions. However, Judge Anthony Johnstone countered that policy changes must follow proper legal channels, not be masked as legal corrections. Judge Salvador Mendoza raised concerns that Noem and Trump’s comments—some of which he described as “arguably racist”—might reflect racial bias in the policy shift.
The TPS Alliance, represented by Ahilan Arulanantham, argued that federal law only allows revisions to TPS decisions for minor corrections, not full reversals. District Judge Edward Chen had already blocked the TPS termination in March, citing discriminatory motivations. The case affects Venezuelans who received TPS in 2023, with their status set to expire in April unless court protections remain in place. If the administration’s policy holds, earlier TPS recipients from 2021 could also lose their status by September. Several other lawsuits have also challenged the termination of TPS for Venezuelans and Haitians.
US judges skeptical of Trump ending Venezuelan migrants' legal status | Reuters
The U.S. Department of Justice has fired Maurene Comey, a prominent federal prosecutor and daughter of former FBI Director James Comey, without providing a clear reason. Comey had led high-profile prosecutions, including the conviction of Ghislaine Maxwell in the Jeffrey Epstein case and the recent case against music mogul Sean “Diddy” Combs. Two anonymous sources confirmed the dismissal and said Comey received a memo citing the president's Article II constitutional authority to remove federal employees.
The move comes amid broader personnel changes at DOJ under the Trump administration, which recently reversed its position on releasing Epstein-related documents—an about-face that has frustrated Trump’s supporters. Maurene Comey was part of the U.S. Attorney’s Office in Manhattan and played a key role in Maxwell’s 2022 conviction and sentencing. She also prosecuted Combs, who is currently in jail awaiting sentencing for transporting women for prostitution. Although jurors acquitted Combs of the most serious charges, he remains in custody.
The dismissal of Comey follows a pattern of DOJ firings under Attorney General Pam Bondi, who recently terminated several prosecutors involved in investigations tied to Trump, including members of Special Counsel Jack Smith’s team. James Comey, fired by Trump in 2017, is currently under investigation alongside former CIA Director John Brennan. Neither the DOJ nor Maurene Comey has commented on her termination.
US DOJ fires federal prosecutor Maurene Comey, daughter of ex-FBI head James Comey | Reuters
Ex-FBI Chief James Comey’s Daughter Ousted as Federal Prosecutor - Bloomberg
Twenty U.S. states—mostly led by Democratic governors—filed a lawsuit to stop the Trump administration from ending a federal grant program aimed at disaster prevention. The program, known as Building Resilient Infrastructure and Communities (BRIC), was launched in 2018 to help fund infrastructure improvements that protect communities from natural disasters such as floods and wildfires. The lawsuit, filed in federal court in Boston, argues that FEMA acted beyond its legal authority when it terminated the program in April without congressional approval.
The states, led by Washington and Massachusetts, assert that ending BRIC violates the separation of powers, as Congress explicitly funded the program and made disaster mitigation a key function of FEMA. They also contend that the decision-makers at FEMA—former acting director Cameron Hamilton and his successor David Richardson—were not lawfully appointed and therefore lacked authority to shut down the program.
FEMA defended the decision by claiming the program had become wasteful and politicized, but bipartisan lawmakers criticized the move, especially given BRIC’s importance to rural and tribal communities. Over the past four years, the program has awarded approximately $4.5 billion for nearly 2,000 projects, including flood walls, road improvements, and evacuation centers.
The lawsuit comes amid scrutiny over FEMA’s recent handling of deadly floods in Texas, which killed over 130 people, reinforcing concerns about cutting pre-disaster funding. The plaintiff states are seeking a preliminary injunction to reinstate the BRIC program while the case proceeds.
Trump administration sued by US states for cutting disaster prevention grants | Reuters
FEMA Sued By 20 States Over Cuts to Disaster Mitigation Program
George Retes, a 25-year-old U.S. citizen and Army veteran, says he was wrongfully detained for three days following an immigration raid at a cannabis farm in Camarillo, California. Retes, who works as a security guard at the site, described a violent arrest by federal agents during a chaotic scene involving protestors. He alleges that officers broke his car window, used tear gas on him, and restrained him forcefully, despite his repeated statements that he was a citizen and an employee.
The raid was part of a broader immigration enforcement effort under the Trump administration, which began ramping up in June. Retes claims he was never told what he was being charged with and was taken to a downtown Los Angeles facility without explanation. He missed his daughter’s third birthday while detained and now plans to sue the federal government.
Immigrant rights groups have warned that U.S. citizens and legal residents are sometimes wrongly caught up in such raids. The Department of Homeland Security confirmed Retes’ arrest and release, stating that his case, among others, is under review by the U.S. Attorney’s Office for potential federal charges. Retes condemned the treatment he received and called for greater accountability, saying no one—regardless of immigration status—should be subjected to such abuse.
US citizen says he was jailed for three days after California immigration raid | Reuters
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