All posts tagged "Birthright Citizenship"

A federal judge blocked President Donald Trump's latest effort to deny birthright citizenship by torching a "distorted" interpretation he used to justify an executive order.

In a Wednesday ruling, U.S. District Judge Deborah L. Boardman from the District of Maryland granted a preliminary injunction halting the enforcement of an executive order Trump signed in August. The order marked his second attempt to narrow the 14th Amendment's guarantee of citizenship by birth, the ruling noted.

Trump's executive order came just a month after the Supreme Court ruled in Trump v. Barbara that children born to parents "unlawfully or temporarily present in the United States" are "citizens at birth," the ruling noted. Boardman found Trump's new order tried to carve out fresh exceptions the Supreme Court never recognized....

An immigrant expert on Friday flagged an unusual detail in President Donald Trump's new birthright citizenship order.

David J. Bier, Cato Institute Director of Immigration Studies, argued in a lengthy X thread that the order has unprecedented consequences for citizenship.

"The new birthright citizenship order is way more bizarre than anyone is saying. 1) The text requires agencies to deny CURRENT US CITIZENS citizenship docs if either parent 'IS' an alien enemy, foreign govt employee, regardless of their status at birth," Bier wrote on X....

A Trump-appointed judge used a moot deportation case to map out how a president's "invasion" declaration could end birthright citizenship.

On Thursday, the full Fifth Circuit Court of Appeals dismissed an ACLU lawsuit challenging President Donald Trump's use of the 1798 Alien Enemies Act to deport three Venezuelans. The Trump administration deported them by saying they were members of the gang Tren de Aragua, which Trump claimed was perpetrating an "invasion."

The court called the move by the Trump administration "unobjectionable" in its opinion and dismissed the lawsuit as moot because the three had already been deported. However, in a piece for Reason published shortly after the decision, legal scholar Ilya Somin flagged an argument made by Judge James Ho that he said gives Trump a "blank check" for more sweeping actions....

A former U.S. Attorney tore into President Donald Trump's attempt to work around a Supreme Court defeat against his birthright citizenship plans.

During an episode of Talking Feds, Harry Litman described a pair of executive orders signed by Trump earlier this week as "laughable" and said he expects them to swiftly fail because they're built on "cockamamie" arguments. The Supreme Court ruled against Trump's attempt to end birthright citizenship in the case Trump v. Barbara last month.

Both executive orders that Trump issued in response "emerge from a place that is laughable, really, in terms of whether the law supports it," Litman said. The first order is "unconstitutional as can be," and the second is "very suspect," Litman said....

CNN legal expert Elie Honig on Thursday signaled where President Donald Trump's new executive order on birthright citizenship could end up.

The former U.S. District Attorney for the Southern District of New York spoke on a panel with CNN anchor Kasie Hunt, describing how Trump lost his birthright citizenship case in June when the Supreme Court voted to uphold the law and reject the president's executive order. The next steps, Honig explained, could be tied to trying to broaden the two exemptions included in the current law.

"First of all, the children of foreign diplomats," Honig said. "And you just heard Stephen Miller say that they're going to try to expand the definition of who counts as a foreign diplomat. And the second long-recognized exception has been for the children of invading armies. Now, fortunately, we've never actually had to deal with that. But I think that's really where the rubber is going to hit the road. It sounds like what the president is going to do is expand that definition of what constitutes an invading army." ...

President Donald Trump signed an executive order on Thursday aimed at targeting "birth tourism," CNN reported.

Trump's move comes after the Supreme Court rejected his other birthright citizenship case in June, ruling that birthright citizenship in the United States is constitutional and blocking his previous executive order.

"We're cracking down very big ... big crackdowns," Trump said during a press conference at the Oval Office, with Trump immigration policy architect and White House Deputy Chief of Staff Stephen Miller standing beside him....