Court rejects Trump's emergency bid to curtail birthright citizenship
A US appeals court let stand an order blocking US President Donald Trump from curtailing automatic birthright citizenship nationwide as part of the Republican's hardline crackdown on immigration and illegal border crossings.
The San Francisco-based 9th US Circuit Court of Appeals rejected the Trump administration request to pause the lower-court judge's order.
It was the first time an appellate court had weighed in on Trump's executive order on birthright citizenship, whose fate may ultimately be decided by the US Supreme Court.
Trump's Justice Department had asked the appellate court to issued an emergency stay that would largely pause that decision while it pursued an appeal, saying Seattle-based US District Judge John Coughenour went too far by issuing a nationwide injunction at the behest of four Democratic-led states.
The executive order remains separately blocked by judges in Maryland, Massachusetts and New Hampshire. The Justice Department is pursuing appeals in the Maryland and Massachusetts cases as well.
Trump's order, signed on his first day back in the White House on January 20, directed US agencies to refuse to recognise the citizenship of children born in the US after Tuesday if neither their mother nor father is a US citizen or lawful permanent resident.
Lawsuits were quickly filed by Democratic state attorneys general, immigrant rights advocates and others, who argued the order violated the citizenship clause of the US Constitution's 14th Amendment, which has long been understood to recognise that virtually anyone born in the United States is a citizen.
They say the US Supreme Court clearly ruled in 1898 in the case United States v. Wong Kim Ark that the 14th Amendment guarantees the right to birthright citizenship regardless of a child's parent's immigration status.
Coughenour, an appointee of Republican former President Ronald Reagan, was the first judge to block the order, which he did by issuing a temporary restraining order on January 23. He later extended that into an indefinite preliminary injunction.
Coughenour's decision came in a lawsuit by the Democratic-led states of Washington, Arizona, Illinois and Oregon and several pregnant women. He has called Trump's order "blatantly unconstitutional."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Middle East Eye
an hour ago
- Middle East Eye
Ex-CIA officer running Gaza aid security advised Boston Consulting Group
Former CIA paramilitary officer Phil Reilly, who heads a private military company that is guarding Israel's newly set up food distribution sites in Gaza, was a senior advisor at the US consultancy that is the latest partner to withdraw from the controversial aid project. The Boston Consulting Group admitted last week that it was involved in developing the Gaza Humanitarian Foundation (GHF), but has since halted its involvement and distanced itself as 110 Palestinians have been killed and 583 wounded trying to access aid during GHF's 10 days of operations, according to government sources. But Reilly's role with BCG, which ended only six months ago, raises questions about whether the consultancy was also involved in developing the security side of the aid operation. Questions about the firm's role come as BCG announced on Thursday that it had fired two partners for 'unauthorised work' in relation to GHF. BCG said the partners 'failed to disclose the full nature of the work during the client acceptance process' and carried out subsequent unauthorised work in violation of company policies and protocols. New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters The firm said the subsequent work had "lacked visible multi-lateral support" and that it has engaged outside counsel to investigate its involvement in the project. 'We deeply regret that in this situation we did not live up to our standards. We are committed to taking all necessary steps to address the issues identified in the ongoing investigation,' the company said. MEE asked BCG on Friday whether the firm was involved in the security operations to support GHF, what role it had played with the foundation and who had asked the firm to get involved initially. BCG directed MEE to its statement from Thursday which did not answer the questions. Consulting on Gaza A 29-year veteran of the CIA, Reilly served as a senior advisor at BCG for eight years starting in January 2017, just as US President Donald Trump's first term started, according to his LinkedIn account. It was early last year, while still holding his advisory role, that Reilly reportedly first began discussing Gaza aid with Israeli civilians in early 2024. Later in 2024, he worked on a study for Orbis, another US consultancy, which reportedly outlined a plan to outsource food aid delivery to private companies and foundations, the NYT reported. Reilly's advisory role with BCG ended in December, a month after Safe Reach Solutions (SRS), the private military company now operating in Gaza, was registered in Wyoming, a known US tax haven. Mercenary firm set to oversee Gaza aid for Israel goes on LinkedIn hiring spree Read More » Public records show that SRS's registered agent, as first reported by All-Source Intelligence, is the Wyoming-based wealth management fund, Two Oceans Trust LLC. But the public records fail to reveal many more details about SRS, including its funders. It was reported this week that McNally Capital, a Chicago-based private equity firm, has an "economic interest" in SRS, although the scale of the interest remains unclear. The lack of clarity about funding is also true of GHF which is registered with scant few other details in Delaware, another notorious US tax haven. SRS is understood to be the main company currently securing the food distribution sites that are part of Israeli and American moves to take control of aid distribution in the enclave, which have been beset by controversy. The UN and international aid agencies have sounded the alarm for weeks over concerns that the plans which have unfolded at pace failed to meet humanitarian principles and would encourage forced displacement of Palestinians. Hours before GHF was to start distributing aid in Gaza late last month, executive director Jake Wood resigned over concerns that it was impossible for the organisation to operate independently or adhere to strict humanitarian principles. Wood was replaced this week by Johnnie Moore, an evangelical leader who has advised Trump on interfaith issues. Moore has denied reports that Palestinians were killed and injured while seeking aid at GHF's sites in Gaza and said he was demanding results "with Silicon Valley precision".
Middle East Eye
2 hours ago
- Middle East Eye
US sanctions four ICC judges over Israel and Afghanistan investigations
The administration of US President Donald Trump on Thursday issued sanctions on four judges of the International Criminal Court (ICC) over investigations into the US and its ally Israel. The sanctions build on the designation of ICC chief prosecutor Karim Khan in February, carried out under an executive order issued shortly after Trump assumed office. "This is an escalation in a series of attacks by the US government against this global judicial institution, which was created to end impunity for the worst crimes," said Meg Satterthwaite, the UN's special rapporteur on the independence of judges, speaking to Middle East Eye. "It is shocking to see a country that has for decades championed the rule of law using a tool usually reserved for corrupt or criminal actors against judges of this global judicial body." The sanctioned judges, all women, are: ICC Second Vice-President Reine Adelaide Sophie Alapini Gansou (Benin), Solomy Balungi Bossa (Uganda), Luz del Carmen Ibanez Carranza (Peru) and Beti Hohler (Slovenia). New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters Gansou and Hohler have been sanctioned in connection with their decision as pre-trial judges to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant in November over charges of war crimes and crimes against humanity committed in Gaza. The US and Israel are not state parties to the Rome Statute, the treaty that established the ICC in The Hague in 2002. Both states have opposed the court's investigation into the situation in Palestine, launched by the ICC's previous prosecutor, Fatou Bensouda, in 2021. 'It is shocking to see a country that has for decades championed the rule of law using a tool usually reserved for corrupt or criminal actors against judges of this global judicial body' - Meg Satterthwaite, UN rapporteur The court's jurisdiction was based on the accession of the state of Palestine to the Rome Statute in 2015. Accordingly, the court can investigate Israeli individuals for crimes committed in occupied Palestine, which includes the Gaza Strip, the West Bank and East Jerusalem. However, Israel and the US have challenged the court's jurisdiction, saying they do not recognise Palestine as a state, and that Israel is best placed to investigate itself under the principle of complementarity as set out in Article 17 of the Rome Statute. Trump's order of 6 February reiterated this view and described the arrest warrants as an abuse of power, an allegation refuted by the ICC. The ICC is the only permanent international court tasked with the prosecution of individuals for war crimes, crimes against humanity and genocide. 'President Trump's sanctions on ICC judges aim to deter the ICC from seeking accountability amid grave crimes committed in Israel and Palestine and as Israeli atrocities mount in Gaza, including with US complicity,' Liz Evenson, international justice director at Human Rights Watch, told MEE. Under Netanyahu's government, Israel has faced accusations of war crimes, genocide and crimes against humanity. The US is the largest supplier of arms to Israel and has backed its offensive in Gaza since October 2023, triggering accusations of aiding and abetting alleged crimes. Israel's war on Gaza has killed more than 54,000 Palestinians, forcibly displaced most of the 2.1 million population and made the enclave largely uninhabitable. Obstruction of justice Experts who spoke with MEE in the aftermath of Trump's order have suggested that the ICC should bring charges of obstruction of justice against the US president and any individuals behind the sanctions, based on Article 70 of the Rome Statute. The article prohibits offences against the administration of justice, including: "Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties; and retaliating against an official of the Court on account of duties performed by that or another official." UN rapporteur urges EU to use legal powers to protect ICC from Trump sanctions Read More » The ICC has jurisdiction over Article 70 offences, irrespective of the nationality or location of the accused individuals. The Slovenian foreign ministry reacted to the sanctioning of Hohler, saying it will support her in carrying out her mandate. It also said it would propose the activation of the EU Blocking Statute. The statute primarily focuses on shielding EU operators, such as the Netherlands-based ICC, from certain US sanctions considered to have extraterritorial reach, like those against Cuba and Iran. Belgian Foreign Minister Maxime Prevot has also said his government would ask the EU to activate the statute. "While this would be the first time the blocking statute is applied in defense of the ICC, Belgium believes it is essential to protect the Court's independence and its crucial role in delivering justice for the gravest crimes," he said on Friday. The pre-trial chamber that issued the Netanyahu and Gallant decision included Gansou and Hohler, as well as French national Nicolas Guillou. It remains unclear why Guillou has been excluded from the sanctions. Legal scholar Kevin Jon Heller, who is Khan's war crimes advisor, argued that the US has sanctioned individuals who are perceived to be nationals of weaker states. 'The US seems to have sanctioned only the judges who come from smaller and less powerful states,' Heller said. The two other judges, Bossa and Ibanez Carranza, have been sanctioned for being part of the 2020 appeals chamber that authorised the ICC's investigation into crimes committed in Afghanistan since 2003. This included actions by the Taliban, Afghan National Security Forces, and US military and CIA personnel. Heller pointed out that Canadian judge Kimberly Prost was part of the same panel as the Ugandan judge Bossa and the Peruvian judge Ibanez Carranza, but she has been excluded from sanctions. 'The US seems to have sanctioned only the judges who come from smaller and less powerful states' - Kevin Jon Heller, legal advisor to Karim Khan 'That supports the 'weak state' explanation, because Judge Prost (Canada) was part of the same AC and is still an ICC judge,' he wrote on X. In response to the ICC's decision to investigate crimes in Afghanistan, the previous Trump administration imposed sanctions on ICC officials, including then-prosecutor Fatou Bensouda, and revoked her US visa. But since 2021, the ICC has shifted its strategy under current prosecutor Khan, deprioritising investigations into alleged crimes by US forces - a move widely denounced by human rights groups. Khan stated that the focus would instead be on crimes committed by the Taliban and the Islamic State - Khorasan Province, citing resource constraints and the need to concentrate on those most responsible for the gravest crimes. In January 2025, Khan applied for arrest warrants for two Taliban leaders for the crime against humanity of persecution on the grounds of gender. No applications for arrest warrants for US nationals have been made by the prosecutor. What is the impact of sanctions? The sanctions will have a wide-ranging financial impact on the affected judges, particularly on any property in the US and any transactions involving US citizens. 'As a result of today's sanctions-related actions, all property and interests in property of the sanctioned persons described above that are in the United States or in possession or control of U.S. persons are blocked and must be reported to the Department of the Treasury's Office of Foreign Assets Control (OFAC),' the State Department said. The three ICC judges who issued the historic Netanyahu arrest warrant Read More » 'Additionally, all individuals or entities that are owned, either directly or indirectly, individually or in the aggregate, 50 percent or more by one or more blocked persons are also blocked.' The ICC denounced the sanctions, saying they aim at hindering its efforts to bring justice to victims of atrocities worldwide. 'These measures are a clear attempt to undermine the independence of an international judicial institution which operates under the mandate from 125 States Parties from all corners of the globe,' a statement by the ICC read, saying the sanctions will affect all situations being investigated by the court beyond Palestine. 'These sanctions are not only directed at designated individuals, they also target all those who support the Court, including nationals and corporate entities of States Parties.' Dutch Foreign Minister Caspar Veldkamp said the Netherlands 'disapproves' of the sanctions and stands behind the court and its officials. However, he has yet to announce specific measures to protect the sanctioned officials. MEE has reached out to the Dutch and Slovenian foreign ministries for comment.
Middle East Eye
5 hours ago
- Middle East Eye
US to investigate army vehicle displaying word ‘kafir' in northeast Syria
The US-led coalition in Syria has launched a formal investigation after 'unapproved symbols or language' were observed on a US military vehicle in northeast Syria, the coalition said in a statement to Middle East Eye on Friday. On Thursday, MEE reported that a US military vehicle patrolling near the city of Hasakah last weekend displayed the word "kafir" - infidel in Arabic - on its front next to a Christian cross. The term "kafir" gained global notoriety during the Syrian war, frequently used by the Islamic State (IS) and other extremist groups to justify violence against those deemed non-believers - including Muslims who did not share their ideology. Local residents described the graffiti as "offensive" and a 'provocation', particularly as IS no longer has a presence in the region. "Markings of this nature violate U.S. Department of Defense policy," the Combined Joint Task Force-Operation Inherent Resolve (CJTF-OIR) said in a written statement. New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters "CJTF-OIR has initiated a formal inquiry and will implement appropriate disciplinary measures under the Uniform Code of Military Justice. "This incident does not reflect the professionalism of our personnel or our respect for the Syrian people. While fact-finding is underway, our mission remains unchanged, enabling the enduring defeat of ISIS in Syria and Iraq." The CJTF-OIR began operations in October 2014 as the US-led coalition to defeat IS in Syria and Iraq. Earlier this week, the US special envoy to Syria announced that the United States would reduce its military presence in the country, scaling down from eight bases to three in Hasakah. Speaking to MEE, Jihan, a 34-year-old Kurdish woman, said it was hard to discern the intended message behind the markings. 'We have nothing to do with IS, we don't consider Americans to be kuffar [plural of kafir], and even less so the Christians who have always lived in Syria," she said. There are currently an estimated 2,000 American troops in Syria, with the number expected to be halved in the coming months.
