Trump administration asks supreme court to uphold order curtailing birthright citizenship – live | Trump administration

Trump administration asks supreme court to uphold order curtailing birthright citizenship

The Trump administration has appealed to the supreme court to uphold the president’s executive order curtailing birthright citizenship, Reuters reports.

Donald Trump signed the order shortly after taking office, but multiple federal judges have ruled against it in lawsuits filed by rights groups. Here’s more on the appeal, from Reuters:

The Justice Department made the request challenging the scope of three nationwide injunctions issued against Trump’s order by federal courts in Washington state, Massachusetts and Maryland.

The administration said the injunctions should be scaled back from applying universally and limited to just the plaintiffs that brought the cases and are “actually within the courts’ power.”

“Universal injunctions have reached epidemic proportions since the start of the current administration,” the Justice Department said in the filing. “This court should declare that enough is enough before district courts’ burgeoning reliance on universal injunctions becomes further entrenched.”

Trump’s order, signed on his first day back in office on January 20, directed federal agencies to refuse to recognize the citizenship of U.S.-born children who do not have at least one parent who is an American citizen or lawful permanent resident.

The order was intended to apply starting February 19, but has been blocked nationwide by multiple federal judges.

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Key events

In 1996 a federal judge found the legal provision now being used to target Mahmoud Khalil unconstitutional. She was Trump’s sister.

As our colleagues Anna Betts and Erum Salam reported on Wednesday, a government charging document addressed to Mahmoud Khalil, a permanent US resident and green card holder who is currently being held in a Louisiana detention center, said that secretary of state Marco Rubio “has reasonable ground to believe that your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States”.

The phrase “potentially serious adverse foreign policy consequences for the United States” is a direct reference to a provision of the Immigration and Nationality Act of 1952 that gives the secretary of state the power to expel non-citizens deemed to be a threat.

As the New York Times reported this week, in 1996, when the Clinton administration tried to use this provision to deport a former Mexican government official, a federal judge ruled that this section of the law was “void for vagueness”, deprived the non-citizen of “the due process right to a meaningful opportunity to be heard”, and was “an unconstitutional delegation of legislative power”.

That judge was Maryanne Trump Barry, the president’s eldest sister, who was nominated to the federal bench by Ronald Reagan in 1983, elevated to an appeals court by Bill Clinton, and passed away in 2023.

Although a three-judge appeals court panel later overturned her ruling on procedural grounds, in an opinion written by then-Circuit Judge Samuel Alito, the forceful language of her opinion still resonates with the arguments of Mahmoud Khalil’s lawyers:

“Make no mistake about it. This case is about the Constitution of the United States and the panoply of protections that document provides to the citizens of this country and those non-citizens who are here legally and, thus, here as our guests”, Judge Barry wrote. “The issue before the court is not whether plaintiff has the right to remain in this country beyond the period for which he was lawfully admitted…[t]he issue, rather, is whether an alien who is in this country legally can, merely because he is here, have his liberty restrained and be forcibly removed to a specific country in the unfettered discretion of the Secretary of State and without any meaningful opportunity to be heard. The answer is a ringing ‘no’”.

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