US judge keeps block on Trump's birthright citizenship order
U.S. District Judge Leo Sorokin ruled that keeping the broad injunction in place is the only way to fully protect the 22 Democratic-led states and immigrant advocacy groups challenging the order.
'(The evidence) does not support a finding that any narrower option would feasibly and adequately protect the plaintiffs from the injuries they have shown they are likely to suffer if the unlawful policy announced in the Executive Order takes effect during the pendency of this lawsuit,' Sorokin wrote.
The executive order, signed by Trump on Jan. 20—the day he was inaugurated—directed federal agencies to deny U.S. citizenship to children born on American soil unless at least one parent is a U.S. citizen or lawful permanent resident.
Opponents swiftly sued, arguing the move violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born in the United States, regardless of parental status.
'American-born babies are American, just as they have been at every other time in our nation's history,' said New Jersey Attorney General Matthew J. Platkin. 'The president cannot change that legal rule with the stroke of a pen.'
The Trump administration contended that a recent U.S. Supreme Court ruling supported a narrower injunction, but Sorokin rejected that interpretation.
The White House said it plans to appeal. 'Courts are misinterpreting the purpose and the text of the 14th Amendment,' said White House spokeswoman Abigail Jackson. 'We look forward to being vindicated on appeal.' — Agencies
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'The Department's role is to ensure that the President is armed with the best possible military options for any scenario – and all options remain on the table.' But experts and former defense officials warn that supplies need to be ramped up significantly to deal with the shortfall. 'It is important to recognize the level of commitment and the level of expenditure here in defense of Israel is significant,' said a missile defense expert who has been tracking the US government's expenditure. 'The reports about THAAD expenditure are concerning. This is not the sort of thing that the US can afford to continue to do on and on,' he added. 'It was a major commitment to our Israeli ally, but missile defense interceptor capacity is definitely a concern, and THAAD is a very scarce resource.' A senior retired US army officer who asked not to be named said around 25% of THAAD's total inventory was used by US forces in Israel participating in the war effort. 'The (Department of Defense) is looking at wartime stockage levels of critical munitions and attempting to significantly increase annual production capacity, an effort that is long overdue,' the source said. US interceptor stockpile concerns preceded the 12-day war, according to four former senior US defense officials who say that the problem is most acute in inventories of high-end interceptors that are a key part of deterrence against China. 'What I can say without giving any numbers is I was surprised at how low some of the levels of readiness were,' said one former defense official who left his post in the last year. 'Stockpiles are dropping. We need more. We need them faster than they are being built,' said the same ex-official. 'This is a concern. It was a concern during the Biden administration. I'm sure it's a concern now during the Trump administration,' one former senior Biden defense official said. 'Air defense is relevant in all of the major theaters right now. And there's not enough systems. There's not enough interceptors. There's not enough production and there are not enough people working on it,' said Mara Karlin, former US Assistant Secretary of Defense for Strategy, Plans, and Capabilities under Biden. 'You have the challenge of something being both incredibly relevant and also there's a dearth of them,' she added. There are nine active THAAD batteries globally, according to manufacturer Lockheed Martin. The US military has seven of those and plans to have an eighth active by 2025, according to the Congressional Research Service. Data available in 2019 showed that five of the US' THAADs were stationed at bases in Texas, one in Guam and one in South Korea; by last year, the Pentagon had moved two of those batteries to the Middle East to protect Israel. Two others were delivered to the United Arab Emirates and have been used to intercept Houthi militant ballistic missiles. While most of Iran's missiles were downed by Israeli and US air defenses, experts, open-source data and video from the ground reviewed by CNN showed that dozens did manage to get through. Tehran's success rate rose as the war raged on, amounting to some of the worst damage Israel has seen in decades. The Israel Defense Forces (IDF) said Iran fired over 500 long-range ballistic missiles, and it was able to intercept around 86% of those – with 36 Iranian missiles striking built-up areas. Major cities like Tel Aviv suffered extensive damage, whole apartment buildings were destroyed, sensitive military sites targeted, parts of the power grid were taken out and 29 people were killed. Israel's tax authority estimated in late June that the war would cost the country at least $1.8 billion in damage, but with claims still yet to be filed that number was expected to rise. Analysis conducted by DC-based think tank Jewish Institute for National Security of America (JINSA) estimated that THAADs – alongside Israel's Arrow-2 and Arrow-3 interceptors – downed 201 of Iran's 574 missiles, with 57 hitting populated areas. The report estimated that the US' THAAD system accounted for almost half of all interceptions, indicating that Israel's Arrow interceptor stockpiles were insufficient. Israel's Iron Dome system was designed to deflect shorter-range rockets than those being fired by Iran. 'After burning through a large portion of their available interceptors, the United States and Israel both face an urgent need to replenish stockpiles and sharply increase production rates,' Ari Cicurel, author of the report, wrote, estimating that it would take three to eight years to replenish at current production rates. According to data compiled by JINSA, interception rates lagged as the war wore on. Only 8% of Iranian missiles penetrated defenses in the first week of the war. That doubled to 16% in the second half of the conflict and eventually culminated at 25% on the final day of the war before the ceasefire. Analysts say there are several possible reasons for the trend, including an Iranian shift of focus from military targets to populated urban areas, where interception is less robust. Iran also fired more sophisticated missiles as the war progressed. '(Iran) increasingly employed more advanced systems,' said Mora Deitch, head of the data analytics center at Israel's Institute for National Security Studies (INSS). 'These included newer missiles with multiple warheads or decoys, which may individually cause less damage but can overwhelm and saturate air defense systems.' Deitch also suggests that Israel may have deliberately relaxed its interception rate. 'Israel's air defense policy may have evolved over time to accommodate a protracted engagement with Iran,' said Deitch. 'What appears as a decline in interception effectiveness might instead reflect a deliberate shift in strategy rather than a technological shortfall.' Still missile defense analysts say they saw clear signs of air defense depletion. 'The presence of the THAAD battery in the first place suggests that the Israelis don't have a super deep interceptor magazine,' said Sam Lair, research associate at the James Martin Center for Nonproliferation Studies (CNS). Lair published analysis of interceptors seen in a series of social media video taken by a Jordanian photographer, Zaid Abbadi, from his rooftop in an Amman suburb as the missiles flew overhead. Lair counted 39 THAAD among 82 advanced interceptors in the sample, which consisted of sporadically recorded night-time recording. CNN was able to verify the THAAD tally from the videos. Over half a dozen experts say the number represents a very conservative baseline. Drawing on calculations about publicly available data on batteries, interceptor reloads, and the number of Iranian ballistic missiles fired, experts believe that the US military fired at least 80 THAAD interceptors. 'The 12-day war in June of this year essentially saw the first significant expenditure of THAAD interceptors,' said Timur Kadyshev, a senior researcher at the Institute for Peace Research and Security Policy at the University of Hamburg. 'Israel was relatively successful in defending (with the US assistance) against unsophisticated Iranian missiles – at the cost of depleting available arsenals of interceptors.' The problem for the US is especially acute in the Indo-Pacific where China has tried to keep the US navy at arm's length, experts say. 'From a narrowly military standpoint, the Chinese are absolutely the winners in that these last almost two years in the Middle East have seen the US expend pretty substantial amounts of capabilities that the American defense industrial base will find pretty hard to replace,' said Sidharth Kaushal, senior research fellow at Royal United Services Institute. Ex-defense officials said dwindling defensive capabilities in the Indo-Pacific was a growing concern for the former administration of President Joe Biden as they used the US stockpile to battle Yemen's Houthi rebels. 'God forbid there should be a conflict in the Pacific, for example, then it really will put a huge strain our missile capacity and the ability for our military to have the munitions necessary to keep up,' said one former senior Biden administration defense official with direct knowledge of the US campaign against the Houthis. 'You have to make choices,' said Jennifer Kavanagh, senior fellow and director of military analysis at Defense Priorities. 'The Biden administration also should have thought about these trade-offs, but they were able to shrug them off because it was early in these wars... stockpiles were still deep enough that they could turn a blind eye to it.' 'But the Trump administration now is getting to a point where they're not going to be able to ignore the trade-offs.' — CNN
