US judge weighs putting new block on Trump's birthright citizenship order
BOSTON (Reuters) -A federal judge on Friday could deal another blow to President Donald Trump's attempts to limit birthright citizenship, even though a U.S. Supreme Court decision last month made it more difficult for lower courts to block White House directives.
A group of Democratic attorneys general from 18 states and the District of Columbia will urge U.S. District Judge Leo Sorokin at a hearing in Boston at 10 a.m. ET Friday to maintain an injunction he imposed in February that blocked Trump's executive order nationwide.
The order directs U.S. agencies to refuse to recognize the citizenship of children born in the United States after February 19 if neither their mother nor father is a U.S. citizen or lawful permanent resident.
The states' case is back in Sorokin's courtroom so he can assess the impact of the Supreme Court's landmark June 27th decision. In that 6-3 ruling authored by conservative Justice Amy Coney Barrett, the court directed lower court judges like Sorokin that had blocked Trump's policy to reconsider the scope of their orders.
Rather than address the legality of Trump's executive order, the justices used the case to discourage nationwide, or 'universal,' injunctions — in which a single district court judge can block enforcement of a federal policy across the country.
COMPLETE RELIEF
But the court raised the possibility that universal injunctions are still permissible in certain circumstances, including class actions, in which similarly situated people sue as a group, or if they are the only way to provide "complete relief" to litigants in a particular lawsuit.
Friday's hearing will shed light on how lower courts plan to address what providing complete relief entails, said George Washington University law professor Paul Schiff Berman.
"One of the questions theSupreme Court left open in its nationwide injunction decision is whether states can assert claims on behalf of their citizens and, if so, whether a large-scale injunction would then be necessary to vindicatethe rights of large numbers of citizens from large numbers of states," Berman said.
Spokespersons for the White House and the attorneys general did not immediately respond to a request for comment.
A ruling from Sorokin, an appointee of Democratic President Barack Obama, in favor of the states would be the second blow to Trump's executive order this month. On July 10 at a hearing in New Hampshire, U.S. District Judge Joseph Laplante, an appointee of Republican president George W. Bush, issued a nationwide injunction blocking Trump's order after he found that children whose citizenship status would be threatened by it could pursue their lawsuit as a class action.
The Democratic-led states, backed by immigrant rights groups, argue the White House directive violated a right enshrined in the U.S. Constitution's 14th Amendment that guarantees that virtually anyone born in the United States is a citizen.
They have argued that, if the executive order is allowed to take effect, it would wreak havoc on the administration of federal benefits programs like Medicaid and the Supplemental Nutrition Assistance Program by making it difficult to verify eligibility.
They also argue that, because children often move across state lines or are born outside their parents' state of residence, a "patchwork" of injunctions would be unworkable.
"Families are likely to be confused if federal benefits eligibility — let alone U.S. citizenship — differs by State," the states wrote in a July 15 court filing.
They have urged Sorokin to double down on his February injunction, saying in the court filing that the Supreme Court decision has no bearing on the case before him.
"This Court correctly remedied the States' injuries via a nationwide injunction, based on the same complete-relief principle that the Supreme Court recently recognized and endorsed," the brief argued.
The Justice Department has countered that Sorokin's injunction from February was "clearly overbroad and inappropriate."
In a July 8 court filing, the department argued that individuals are best situated to litigate their own citizenship status.
(Reporting by Jan Wolfe; Editing by Alexia Garamfalvi and Cynthia Osterman)
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
9 minutes ago
- The Star
Moscow mayor says air defence systems downed two drones en route to Moscow
FILE PHOTO: Moscow Mayor Sergei Sobyanin attends a military parade on Victory Day, marking the 80th anniversary of the victory over Nazi Germany in World War Two, in Red Square in central Moscow, Russia, May 9, 2025. REUTERS/Maxim Shemetov/File Photo
New Straits Times
39 minutes ago
- New Straits Times
Malaysia should focus on critical economic sectors in tariff negotiations
IF there was ever any doubt that US President Donald Trump's tariffs were nothing but political, recent American actions have put it to rest. Early this month, Trump announced updated duties on imports from 25 nations through template letters that talked about everything but trade. Malaysia was not spared. Trump's letter to Prime Minister Datuk Seri Anwar Ibrahim raises Malaysia's tariff from 24 to 25 per cent. More worryingly, the revised rate now covers "any and all" of Malaysia's US$43 billion exports to the United States. This means critical exports like semiconductors are no longer tariff-exempt, at least unless a subsequent Truth Social post or amended executive order indicates otherwise. Previously, 45 per cent of Malaysia's exports to the US were explicitly excluded from Trump's "reciprocal" tariffs, primarily in the electrical and electronics (E&E) sector. Barring any deal, about 13 per cent of Malaysia's total exports will become more expensive overnight. US demand for Malaysian goods will come up against intense competition from markets subject to lower tariffs, such as the Philippines and Singapore. Until July 7, US-Malaysia trade talks seemed to be progressing well. Negotiations had entered their second round. Trump's team boasted of signing "90 deals in 90 days". So, what happened? It is premature to conclude that the negotiations failed outright. Even close US allies like Japan and South Korea were targeted despite months at the negotiating table. Trump is raising the stakes out of frustration with the inevitably slow pace of talks. Malaysia has until Aug 1 before the updated tariffs kick in. In the meantime, Putrajaya's priority should be to secure tariff exemptions or reductions in key sectors, including E&E. A critical consideration is that US tariffs are likely to stay for some time. The UK, despite its bilateral trade deficit, could not push tariffs below 10 per cent. Tariffs on Indonesia and Vietnam still hover around 20 per cent. Rather than chasing marginal across-the-board cuts, Malaysia should focus on sectors most exposed to the US, both in dollar terms and as a share of exports. Machinery and E&E products should top the list, as they make up 55 per cent of Malaysia's US-bound exports. This is more important than dismantling all our tariffs and non-tariff measures in the hope of a deal. Such an approach sets a dangerous geoeconomic precedent, leaving Malaysia vulnerable if the US reneges on any deal later. Instead, Malaysia should address legitimate concerns in a calculated way without surrendering policy space. One step is to strengthen legislation against "origin washing", or the transshipment of foreign goods to circumvent US tariffs. Another is to increase imports of high-profile American products, such as aircraft and soybean, to signal goodwill. Domestic regulations no longer serving credible public policy objectives, such as Malaysia's 2022 ban on compliant US poultry imports, should also be revisited. Malaysia must continue to diversify trade, positioning itself as a bridge between the Global South and North. Washington's policies should not distract from the existential task of strengthening economic complexity and equitable growth at home. There is no quick fix to the challenges that the tariffs have created but a strategic, nuanced response will serve Malaysia better. The writer is an analyst at Institute of Strategic & International Studies Malaysia
The Star
2 hours ago
- The Star
ICE races to build migrant tent camps after $45 billion GOP funding boost, WSJ reports
(Reuters) -U.S. Immigration and Customs Enforcement is racing to build migrant tent camps nationwide after receiving $45 billion in new funding, aiming to expand detention capacity from 40,000 to 100,000 beds by year-end, The Wall Street Journal reported on Saturday. The agency is prioritizing large-scale tent facilities at military bases and ICE jails, including a 5,000-bed site at Fort Bliss in Texas and others in Colorado, Indiana, and New Jersey, the report added, citing documents seen by WSJ. Top U.S. officials at Homeland Security, including U.S. Homeland Security Secretary Kristi Noem, have expressed a preference for detention centers run by Republican states and local governments rather than private prison companies, the report said. The White House and ICE did not immediately respond to Reuters' request for comment. Noem said last week that she was in talks with five Republican-led states to build other detention sites inspired by the "Alligator Alcatraz" facility in Florida. "We've had several other states that are actually using Alligator Alcatraz as a model for how they can partner with us," Noem told a press conference in Florida without naming any of the states. (Reporting by Rajveer Singh Pardesi in Bengaluru; editing by Diane Craft)
