Judges are finding workarounds to Trump’s big Supreme Court win
Judges are finding workarounds to Trump’s big Supreme Court win
https://www.politico.com/news/2025/07/03/supreme-court-nationwide-injunctions-rulings-00439335
Tag: birthright citizenship
Judge says 2-year-old US citizen appears to have been deported with ‘no meaningful process’
“A federal judge is raising alarms that the Trump administration deported a two-year-old U.S. citizen to Honduras with “no meaningful process,” even as the child’s father was frantically petitioning the courts to keep her in the country.
U.S. District Judge Terry Doughty, a Trump appointee, said the child — identified in court papers by the initials “V.M.L.” — appeared to have been released in Honduras earlier Friday, along with her Honduran-born mother and sister, who had been detained by immigration officials earlier in the week.”
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“Trump administration officials said in court that the mother told ICE officials that she wished to take V.M.L. with her to Honduras. The filing included a handwritten note in Spanish they claimed was written by the mother and confirmed her intent. But the judge said he had hoped to verify that information.
“The Government contends that this is all okay because the mother wishes that the child be deported with her,” Doughty wrote. “But the Court doesn’t know that.””
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“The court battle ignited Thursday, when lawyers for the family filed an emergency petition in the Western District of Louisiana seeking V.M.L.’s immediate release from ICE custody and a declaration that the girl’s detention had been unlawful. The petition was filed under the name of Trish Mack, who the lawyers indicated had been asked by V.M.L.’s father to act as the child’s custodian and take her home from ICE custody.
Lawyers for the guardian told the court that V.M.L.’s father had been attempting to contact the girl’s mother to discuss plans for their child but ICE officials denied him the chance to have a substantive phone call. He says ICE allowed the two to speak for about one minute on Tuesday, while the mother was in ICE custody, but that they were unable to make any meaningful decisions about their child.”
https://www.politico.com/news/2025/04/25/us-citizen-deportation-donald-trump-00311631
What to make of Trump’s attempt to end birthright citizenship
“the United States is far from alone in offering birthright citizenship. As of 2022, 60 countries had a provision in their legal codes or constitutions that provide at least some pathway to citizenship by jus soli, according to data from the Global Citizenship Observatory.* And more than half of those nations have a mostly unrestricted version akin to the United States’ longstanding formulation, whereby nearly anyone born in that country is guaranteed access to citizenship. (Others may provide for birthright citizenship subject to additional requirements, such as parental descent, period of residence and/or membership of a certain racial or ethnic group.)
Overall, unfettered birthright citizenship is mainly found among countries in the Americas, many of which — including the U.S. — have lengthy histories of immigration from other parts of the globe.”
https://abcnews.go.com/538/make-trumps-attempt-end-birthright-citizenship/story?id=118023941
Trump’s Birthright Citizenship Order Doesn’t Just Apply to Undocumented Immigrants
“order outlined two categories of individuals born in the U.S. who do not automatically receive citizenship, in the White House’s view. The first is a baby whose mother was unlawfully present in the U.S. and whose father was not a U.S. citizen or lawful permanent resident at the time of that baby’s birth. The second is a baby whose mother’s presence in the U.S. “was lawful but temporary” and whose father was not a U.S. citizen or lawful permanent resident at the time of that baby’s birth.
In other words, the order doesn’t just apply to children born to undocumented immigrants. “Lawful but temporary” status includes people “on a student, work, or tourist visa,” according to the White House.
Some visa holders maintain a “temporary” presence in the U.S. for decades.”
https://reason.com/2025/01/21/trumps-birthright-citizenship-order-doesnt-just-apply-to-undocumented-immigrants/
The law is clear on birthright citizenship. Can Trump end it anyway?
“Under a longstanding interpretation of the Constitution and federal law, children born in the US automatically become American citizens, even if their parents are undocumented. Trump, however, has promised that, “On day one of my new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the children of illegal immigrants will not receive automatic US citizenship.”
Specifically, that executive order would mandate that at least one parent must be a US citizen or green card holder for their child to qualify for automatic citizenship. Federal agencies would be directed to deny passports, Social Security numbers, and public benefits to children with two undocumented parents.
The executive order would almost certainly be challenged in court. Though it’s impossible to say what the Supreme Court may ultimately decide, history and precedent isn’t on Trump’s side.”
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“The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Chemerinsky said that this has “always been understood to mean that all born in the United States (or naturalized as citizens) are United States citizens,” in addition to any individuals under US jurisdiction abroad, such as children born to US military personnel in foreign countries. The phrase “subject to the jurisdiction thereof” was intended to exclude only Native Americans born on tribal land as well as children of enemy occupiers and foreign diplomats.
The Supreme Court’s 1898 decision in United States v. Wong Kim Ark “makes clear that those born in the United States are citizens,” Chemerinsky added. That case concerned a child born in California to Chinese immigrants who were lawful permanent residents of the US. At the time, no Chinese citizens were allowed to become naturalized US citizens under the Chinese Exclusion Acts. The court ruled that the child was a US citizen because he was born in the US, even though his parents were noncitizens.”
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“Right-wing immigration hawks have argued that the “subject to the jurisdiction thereof” clause ought to be interpreted differently to exclude children of unauthorized immigrants from the benefits of automatic citizenship. The clause, they argue, was meant to exclude anyone who had any loyalties to a foreign power, including citizens of other countries.”
https://www.vox.com/policy/386094/birthright-citizenship-trump-2024-immigration