Latest news with #BradRosenberg
Bloomberg
17 hours ago
- Politics
- Bloomberg
US Gives Birthright Case Judge Assurances Amid Deportation Fears
The US Justice Department told a skeptical judge that the government won't apply President Donald Trump's executive order on birthright citizenship to affected immigrants before July 27, when the US Supreme Court's 30-day pause on the directive expires. Government lawyer Brad Rosenberg made the pledge in a filing Tuesday with US District Judge Deborah Boardman in Maryland. She'd requested written assurances after expressing concern about the potential for child deportations under the executive order during the 30-day window.
Yahoo
a day ago
- Politics
- Yahoo
Court fights renew in earnest in effort to challenge Trump's birthright citizenship executive order after SCOTUS ruling
Three days after the Supreme Court said litigants attempting to get court orders broadly blocking President Donald Trump's policies must do so through class action lawsuits, an administration lawyer said it plans to oppose such legal maneuverings in cases challenging the executive order seeking to end birthright citizenship. The statements from Justice Department attorney Brad Rosenberg came during separate federal court proceedings Monday in cases brought in New Hampshire and Maryland against Trump's executive order, which was blocked by judges around the country through a series of universal injunctions. The Supreme Court on Friday curtailed the ability of lower court judges to issue such universal rulings — while also leaving intact the ability of plaintiffs to get similar relief through class action lawsuits. Attorneys representing the plaintiffs in the New Hampshire and Maryland cases raced back to court to bring class action lawsuits, asking judges overseeing their cases to certify a class of individuals that would include born and unborn babies who could be impacted by Trump's order and their parents. Asked by the two judges whether the department will be opposing such class certification, Rosenberg said, 'yes.' The DOJ is expected to file more written legal arguments backing up its position in coming days. Such class-action litigation could potentially lead to the same outcome as nationwide injunctions – and during arguments in the case before the Supreme Court, several justices questioned the significance of shifting the emphasis to class-action suits. One difference is that a judge generally must take the extra step of thinking about who should be covered by an injunction. At the time, Solicitor General D. John Sauer was careful to not reveal the department's position when pressed by the justices on whether the administration would oppose certifying a class in the cases challenging Trump's order. 'I do not concede that we wouldn't oppose class certification in this particular case. There may be arguments that this case is or is not appropriate for class certification,' Sauer said during a back and forth with Justice Amy Coney Barrett during oral arguments. Barrett eventually wrote the opinion the court issued Friday. Pressed by Justice Brett Kavanaugh on the issue, Sauer said at the time that the administration's 'position is not that class certification will necessarily be granted.' 'Our position is that (class certification) is how these sorts of claims should be channeled,' he added. The two federal judges – Joseph Laplante of New Hampshire and Deborah Boardman of Maryland – are demanding the administration put in writing whether it believes officials can soon begin deporting babies under Trump's birthright citizenship executive order. Boardman told Rosenberg that the government's position is 'important' as she considers whether to issue an emergency ruling blocking the executive order. 'I want to know if the government thinks it can start removing children from the United States who are subject to the terms of the executive order and who are not the plaintiffs or members of the plaintiff organizations,' the judge said Monday. Boardman said she wanted the Justice Department to tell her by noon Tuesday 'the government's view of what it can and can't do under the executive order consistent with the Supreme Court's decision.' Her interest in whether the order could be enforced right now came after an attorney for the plaintiffs in the case – two immigrant rights groups and several expecting mothers – argued to her that even though the high court paused enforcement of a key part of the order for 30 days, the government could lean on other provisions of the order to remove some newborns. Rosenberg later told Boardman that his 'understanding is that the executive order will not be operative for 30 days,' but the judge appeared somewhat skeptical of the veracity of his comment. 'I don't know what the US will or won't do, with respect to children under the executive order, after July 26' when it's effective, Boardman said. 'I'm trying to figure out what the government's position is now, and whether the government will be attempting to enforce the executive order between now and July 26.' Boardman, an appointee of former President Joe Biden, had indefinitely blocked Trump's birthright citizenship executive order through a nationwide injunction. The plaintiffs in the case quickly refiled as a class action suit following the Supreme Court ruling and also asked her for an emergency order that would block Trump's order from affecting members of a 'putative class' of individuals who would otherwise be impacted by the policy. Laplante directed Rosenberg to submit similar court filings by Wednesday – though the plaintiffs in his case have not requested an emergency court order. CNN's John Fritze and Molly Reinmann contributed to this report.
CNN
2 days ago
- Politics
- CNN
Court fights renew in earnest in effort to challenge Trump's birthright citizenship executive order after SCOTUS ruling
Three days after the Supreme Court said litigants attempting to get court orders broadly blocking President Donald Trump's policies must do so through class action lawsuits, an administration lawyer said it plans to oppose such legal maneuverings in cases challenging the executive order seeking to end birthright citizenship. The statements from Justice Department attorney Brad Rosenberg came during separate federal court proceedings Monday in cases brought in New Hampshire and Maryland against Trump's executive order, which was blocked by judges around the country through a series of universal injunctions. The Supreme Court on Friday curtailed the ability of lower court judges to issue such universal rulings — while also leaving intact the ability of plaintiffs to get similar relief through class action lawsuits. Attorneys representing the plaintiffs in the New Hampshire and Maryland cases raced back to court to bring class action lawsuits, asking judges overseeing their cases to certify a class of individuals that would include born and unborn babies who could be impacted by Trump's order and their parents. Asked by the two judges whether the department will be opposing such class certification, Rosenberg said, 'yes.' The DOJ is expected to file more written legal arguments backing up its position in coming days. Such class-action litigation could potentially lead to the same outcome as nationwide injunctions – and during arguments in the case before the Supreme Court, several justices questioned the significance of shifting the emphasis to class-action suits. One difference is that a judge generally must take the extra step of thinking about who should be covered by an injunction. At the time, Solicitor General D. John Sauer was careful to not reveal the department's position when pressed by the justices on whether the administration would oppose certifying a class in the cases challenging Trump's order. 'I do not concede that we wouldn't oppose class certification in this particular case. There may be arguments that this case is or is not appropriate for class certification,' Sauer said during a back and forth with Justice Amy Coney Barrett during oral arguments. Barrett eventually wrote the opinion the court issued Friday. Pressed by Justice Brett Kavanaugh on the issue, Sauer said at the time that the administration's 'position is not that class certification will necessarily be granted.' 'Our position is that (class certification) is how these sorts of claims should be channeled,' he added. The two federal judges – Joseph Laplante of New Hampshire and Deborah Boardman of Maryland – are demanding the administration put in writing whether it believes officials can soon begin deporting babies under Trump's birthright citizenship executive order. Boardman told Rosenberg that the government's position is 'important' as she considers whether to issue an emergency ruling blocking the executive order. 'I want to know if the government thinks it can start removing children from the United States who are subject to the terms of the executive order and who are not the plaintiffs or members of the plaintiff organizations,' the judge said Monday. Boardman said she wanted the Justice Department to tell her by noon Tuesday 'the government's view of what it can and can't do under the executive order consistent with the Supreme Court's decision.' Her interest in whether the order could be enforced right now came after an attorney for the plaintiffs in the case – two immigrant rights groups and several expecting mothers – argued to her that even though the high court paused enforcement of a key part of the order for 30 days, the government could lean on other provisions of the order to remove some newborns. Rosenberg later told Boardman that his 'understanding is that the executive order will not be operative for 30 days,' but the judge appeared somewhat skeptical of the veracity of his comment. 'I don't know what the US will or won't do, with respect to children under the executive order, after July 26' when it's effective, Boardman said. 'I'm trying to figure out what the government's position is now, and whether the government will be attempting to enforce the executive order between now and July 26.' Boardman, an appointee of former President Joe Biden, had indefinitely blocked Trump's birthright citizenship executive order through a nationwide injunction. The plaintiffs in the case quickly refiled as a class action suit following the Supreme Court ruling and also asked her for an emergency order that would block Trump's order from affecting members of a 'putative class' of individuals who would otherwise be impacted by the policy. Laplante directed Rosenberg to submit similar court filings by Wednesday – though the plaintiffs in his case have not requested an emergency court order.
Yahoo
2 days ago
- Politics
- Yahoo
Federal judge seeks clarity on whether birthright citizenship order means babies could be deported
WASHINGTON (AP) — A federal judge on Monday questioned when the Trump administration will try to enforce its birthright citizenship executive order and asked if the government would attempt to deport U.S.-born children of people who are in the country illegally or temporarily before restrictions on birthright citizenship might take effect in late July. Justice Department attorney Brad Rosenberg told U.S. District Judge Deborah Boardman that the administration doesn't intend to deport any children covered by President Donald Trump's executive while the Supreme Court has suspended its enforcement for 30 days. He called it a "hypothetical" question. The judge gave Rosenberg until Tuesday to submit a written summary of what the administration believes it 'can and can't do' after last Friday's Supreme Court ruling. She asked if the government would be 'seeking to deport babies' before July 26. The judge said her question referred to children who were born after Feb. 19 and are covered by Trump's executive order but aren't plaintiffs in litigation challenging the order. 'No," Rosenberg said. "I just want to be clear. I am responding to the court's characterization of what it believes the United States might do after 30 days from the date of the Supreme Court's decision. But, again, I would note that (federal agencies) have all been tasked with developing guidelines for implementation of the executive order. So I view that as a hypothetical.' 'I take the government at its word that the United States does not intend to do that and it is not doing that," Boardman said. Plaintiffs' attorney William Powell said their clients are experiencing "incredible stress, anxiety and fear" after the Supreme Court's decision. 'They're not lawyers. It is confusing to them exactly what these things mean,' Powell told the judge. 'We can't really assure them, 'Oh, no, the order is fully blocked,' because it's not.' Powell said deportation isn't the only 'irreparable harm' that plaintiffs' attorneys are concerned about. 'We're obviously also concerned about other potential ways in which the (executive) order could be enforced to deprive newborns of potential rights,' he said. Boardman, who sits in Greenbelt, Maryland, isn't the only district court judge grappling with how to tailor their orders to comply with the Supreme Court decision written by Justice Amy Coney Barrett. Judges in Massachusetts and Washington state have issued a a separate orders on birthright citizenship, as has a judge in New Hampshire, though that order applied more narrowly and wasn't nationwide. New Jersey Attorney General Matt Platkin, who along with other states and cities brought a case in Massachusetts federal court, said in a letter Monday he was seeking a hearing on whether a nationwide order blocking the president is warranted. Platkin said the nationwide injunction in New Jersey's case doesn't run afoul of the Supreme Court's recent opinion but added the high court offered 'alternative forms of relief' while leaving debate over what those could be to lower courts. The high court's majority ruled that federal judges lack the authority to grant nationwide injunctions, but the decision left unclear whether Trump's executive order on birthright citizenship could soon take effect in parts of the country. Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The right was enshrined soon after the Civil War in the Constitution's 14th Amendment. The U.S. is among about 30 countries where birthright citizenship is applied. Trump and his supporters have argued that there should be tougher standards for becoming an American citizen. ___ Associated Press writers Mark Sherman and Mike Catalini contributed to this report.
Al Arabiya
2 days ago
- Politics
- Al Arabiya
Federal judge seeks clarity on whether birthright citizenship order means babies could be deported
A federal judge questioned when the Trump administration would try to enforce its birthright citizenship executive order. She also asked if the government would attempt to deport US-born children of people who are in the country illegally or temporarily before restrictions on birthright citizenship might take effect in late July. Justice Department attorney Brad Rosenberg told US District Judge Deborah Boardman that the administration doesn't intend to deport any children covered by President Donald Trump's executive order while the Supreme Court has suspended its enforcement for 30 days. He called it a 'hypothetical question.' The judge gave Rosenberg until Tuesday to submit a written summary of what the administration believes it can and can't do after last Friday's Supreme Court ruling. She asked if the government would be seeking to deport babies before July 26. The judge said her question referred to children who were born after February 19 and are covered by Trump's executive order but aren't plaintiffs in litigation challenging the order. 'No,' Rosenberg said. 'I just want to be clear. I am responding to the court's characterization of what it believes the United States might do after 30 days from the date of the Supreme Court's decision. But again I would note that (federal agencies) have all been tasked with developing guidelines for implementation of the executive order. So I view that as a hypothetical.' 'I take the government at its word that the United States does not intend to do that and it is not doing that,' Boardman said. Plaintiffs' attorney William Powell said their clients are experiencing 'incredible stress, anxiety and fear' after the Supreme Court's decision. 'They're not lawyers. It is confusing to them exactly what these things mean,' Powell told the judge. 'We can't really assure them, 'Oh no, the order is fully blocked,' because it's not.' Powell said deportation isn't the only irreparable harm that plaintiffs' attorneys are concerned about. 'We're obviously also concerned about other potential ways in which the (executive) order could be enforced to deprive newborns of potential rights,' he said. Boardman, who sits in Greenbelt, Maryland, isn't the only district court judge grappling with how to tailor their orders to comply with the Supreme Court decision written by Justice Amy Coney Barrett. Judges in Massachusetts and Washington state have issued separate orders on birthright citizenship, as has a judge in New Hampshire, though that order applied more narrowly and wasn't nationwide. New Jersey Attorney General Matt Platkin, who along with other states and cities brought a case in Massachusetts federal court, said in a letter Monday he was seeking a hearing on whether a nationwide order blocking the president is warranted. Platkin said the nationwide injunction in New Jersey's case doesn't run afoul of the Supreme Court's recent opinion but added the high court offered alternative forms of relief while leaving debate over what those could be to lower courts. The high court's majority ruled that federal judges lack the authority to grant nationwide injunctions, but the decision left unclear whether Trump's executive order on birthright citizenship could soon take effect in parts of the country. Birthright citizenship automatically makes anyone born in the US an American citizen, including children born to mothers in the country illegally. The right was enshrined soon after the Civil War in the Constitution's 14th Amendment. The US is among about 30 countries where birthright citizenship is applied. Trump and his supporters have argued that there should be tougher standards for becoming an American citizen.
