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What’s next for birthright citizenship after the Supreme Court’s ruling
Headline Legal News |
2025/06/28 11:29
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The legal battle over President Donald Trump’s move to end birthright citizenship is far from over despite the Republican administration’s major victory Friday limiting nationwide injunctions.
Immigrant advocates are vowing to fight to ensure birthright citizenship remains the law as the Republican president tries to do away with more than a century of precedent.
The high court’s ruling sends cases challenging the president’s birthright citizenship executive order back to the lower courts. But the ultimate fate of the president’s policy remains uncertain.
Here’s what to know about birthright citizenship, the Supreme Court’s ruling and what happens next.
What does birthright citizenship mean?
Birthright citizenship makes anyone born in the United States an American citizen, including children born to mothers in the country illegally.
The practice goes back to soon after the Civil War, when Congress ratified the Constitution’s 14th Amendment, in part to ensure that Black people, including former slaves, had citizenship.
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,” the amendment states.
Thirty years later, Wong Kim Ark, a man born in the U.S. to Chinese parents, was refused re-entry into the U.S. after traveling overseas. His suit led to the Supreme Court explicitly ruling that the amendment gives citizenship to anyone born in the U.S., no matter their parents’ legal status.
It has been seen since then as an intrinsic part of U.S. law, with only a handful of exceptions, such as for children born in the U.S. to foreign diplomats.
Trump has long said he wants to do away with birthright citizenship
Trump’s executive order, signed in January, seeks to deny citizenship to children who are born to people who are living in the U.S. illegally or temporarily. It’s part of the hardline immigration agenda of the president, who has called birthright citizenship a “magnet for illegal immigration.”
Trump and his supporters focus on one phrase in the amendment — “subject to the jurisdiction thereof” – saying it means the U.S. can deny citizenship to babies born to women in the country illegally.
A series of federal judges have said that’s not true, and issued nationwide injunctions stopping his order from taking effect.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order,” U.S. District Judge John Coughenour said at a hearing earlier this year in his Seattle courtroom.
In Greenbelt, Maryland, a Washington suburb, U.S. District Judge Deborah Boardman wrote that “the Supreme Court has resoundingly rejected and no court in the country has ever endorsed” Trump’s interpretation of birthright citizenship.
Is Trump’s order constitutional? The justices didn’t say
The high court’s ruling was a major victory for the Trump administration in that it limited an individual judge’s authority in granting nationwide injunctions. The administration hailed the ruling as a monumental check on the powers of individual district court judges, whom Trump supporters have argued want to usurp the president’s authority with rulings blocking his priorities around immigration and other matters.
But the Supreme Court did not address the merits of Trump’s bid to enforce his birthright citizenship executive order.
“The Trump administration made a strategic decision, which I think quite clearly paid off, that they were going to challenge not the judges’ decisions on the merits, but on the scope of relief,” said Jessica Levinson, a Loyola Law School professor.
Attorney General Pam Bondi told reporters at the White House that the administration is “very confident” that the high court will ultimately side with the administration on the merits of the case.
Questions and uncertainty swirl around next steps
The justices kicked the cases challenging the birthright citizenship policy back down to the lower courts, where judges will have to decide how to tailor their orders to comply with the new ruling. The executive order remains blocked for at least 30 days, giving lower courts and the parties time to sort out the next steps.
The Supreme Court’s ruling leaves open the possibility that groups challenging the policy could still get nationwide relief through class-action lawsuits and seek certification as a nationwide class. Within hours after the ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump’s order.
But obtaining nationwide relief through a class action is difficult as courts have put up hurdles to doing so over the years, said Suzette Malveaux, a Washington and Lee University law school professor.
“It’s not the case that a class action is a sort of easy, breezy way of getting around this problem of not having nationwide relief,” said Malveaux, who had urged the high court not to eliminate the nationwide injunctions.
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Judge blocks plan to allow immigration agents in New York City jail
Headline Legal News |
2025/06/15 11:05
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A judge blocked New York City’s mayor from letting federal immigration authorities reopen an office at the city’s main jail, in part because of concerns the mayor invited them back in as part of a deal with the Trump administration to end his corruption case.
New York Judge Mary Rosado’s decision Friday is a setback for Democratic Mayor Eric Adams, who issued an executive order permitting U.S. Immigration and Customs Enforcement and other federal agencies to maintain office space at the Rikers Island jail complex. City lawmakers filed a lawsuit in April accusing Adams of entering into a “corrupt quid pro quo bargain” with the Trump administration in exchange for the U.S. Justice Department dropping criminal charges against him.
Rosado temporarily blocked the executive order in April. In granting a preliminary injunction, she said city council members have “shown a likelihood of success in demonstrating, at minimum, the appearance of a quid pro quo whereby Mayor Adams publicly agreed to bring Immigration and Customs Enforcement (”ICE”) back to Rikers Island in exchange for dismissal of his criminal charges.”
Rosado cited a number of factors, including U.S. border czar Tom Homan’s televised comments in February that if Adams did not come through, “I’ll be in his office, up his butt saying, ‘Where the hell is the agreement we came to?’ ”
Adams has repeatedly denied making a deal with the administration over the criminal case. He has said he deputized his first deputy mayor, Randy Mastro, to handle decision-making on the return of ICE to Rikers Island to make sure there was no appearance of any conflict of interest.
Rosado said that Mastro reports to Adams and “cannot be considered impartial and free from Mayor Adams’ conflicts.”
Mastro said in a prepared statement Friday the administration was confident they will prevail in the case. “Let’s be crystal clear: This executive order is about the criminal prosecution of violent transnational gangs committing crimes in our city. Our administration has never, and will never, do anything to jeopardize the safety of law-abiding immigrants, and this executive order ensures their safety as well,” Mastro said.
City Council Speaker Adrienne Adams, who is running in the Democratic primary for mayor, called the decision a victory for public safety.
“New Yorkers are counting on our city to protect their civil rights, and yet, Mayor Adams has attempted to betray this obligation by handing power over our city to Trump’s ICE because he is compromised,” she said in a prepared statement.
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Cuban exiles were shielded from deportation. Now Trump is cracking down
Headline Legal News |
2025/05/25 07:28
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Immigration officials said Tomás Hernández worked in high-level posts for Cuba’s foreign intelligence agency for decades before migrating to the United States to pursue the American dream.
The 71-year-old was detained by federal agents outside his Miami-area home in March and accused of hiding his ties to Cuba’s Communist Party when he obtained permanent residency.
Cuban-Americans in South Florida have long clamored for a firmer hand with Havana and the recent apprehensions of Hernández and several other former Cuban officials for deportation have been extremely popular among the politically powerful exile community.
“It’s a political gift to Cuban-American hardliners,” said Eduardo Gamarra, a Latin American expert at Florida International University. But many Cubans fear they could be next on Trump’s list, he said, and “some in the community see it as a betrayal.”
While President Donald Trump’s mass deportation pledge has frightened migrants from many nations, it has come as something of a shock to the 2.4 million Cuban-Americans, who strongly backed the Republican twice and have long enjoyed a place of privilege in the U.S. immigration system.
Amid record arrivals of migrants from the Caribbean island, Trump in March revoked temporary humanitarian parole for about 300,000 Cubans. Many have been detained ahead of possible deportation.
Among those facing deportation is a pro-Trump Cuban rapper behind a hit song “Patria y Vida” — “Homeland and Life” — that became the unofficial anthem of anti-communist protests on the island in 2021 and drew praise from the likes of then Republican Sen. Marco Rubio, now Secretary of State. Eliéxer Márquez, who raps under the name El Funky, said he received notice this month that he had 30 days to leave the U.S.
Thanks to Cold War laws aimed at removing Fidel Castro, Cuban migrants for many decades enjoyed almost automatic refugee status in the U.S. and could obtain green cards a year after entry, unlike migrants from virtually every other country.
Support for Trump among likely Cuban-American voters in Miami was at an all-time high on the eve of last year’s election, according to a poll by Florida International University, which has been tracking the Cuban-American community since 1991. Trump rarely mentions Cubans in his attacks on migrant targets including Venezuelans and Haitians. That has given many Cubans hope that they will remain immune to immigration enforcement actions.
Democrats, meanwhile, have been trying to turn the immigration crackdown to their advantage. In April, grassroots groups erected two giant billboards on Miami highways calling Rubio and Republican Reps. Mario Díaz-Balart, María Elvira Salazar and Carlos Giménez “traitors” to the Cuban-American community for failing to protect tens of thousands of migrants from Trump’s immigration policies.
In March, Giménez sent Homeland Security Secretary Kristi Noem a letter with the names of 108 people he said were former Cuban state agents or Communist Party officials living unlawfully in the U.S.
“It is imperative that the Department of Homeland Security enforce existing U.S. laws to identify, deport and repatriate these individuals who pose a direct threat to our national security, the integrity of our immigration system and the safety of Cuban exiles and American citizens alike,” Giménez wrote, adding that the U.S. remains a “beacon of hope and freedom for those escaping tyranny.”
Giménez’s target list was compiled by Luis Dominguez, who left Cuba in 1971 and has made it his mission to topple Cuba’s government. In 2009, when the internet was still a novelty in Cuba, Dominguez said he posed as a 27-year-old female sports journalist from Colombia to lure Castro’s son Antonio into an online romance.
With support from the right-wing Foundation for Human Rights in Cuba, he started combing social media and relying on a well-oiled network of anti-socialist sources, inside Cuba and outside the country, to dox officials allegedly behind human rights abuses and violations of democratic norms. To date, his website, Represores Cubanos — Cuban Repressors — has identified more than 1,200 such state agents, some 150 in the United States.
“They’re chasing the American dream, but previously they condemned it while pursuing the Cuban dream,” Dominguez said. “It’s the typical double life of any Communist regime. When they were in power they criticized anything about the U.S. But now that they’re here, they love it.”
Dominguez, 62, said he regularly shares his findings with federal law enforcement but a spokesman for U.S. Immigration and Customs Enforcement didn’t comment on the agency’s relationship with the activist.
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Court sides with the FDA in its dispute over sweet-flavored vaping products
Headline Legal News |
2025/04/05 11:09
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The Supreme Court on Wednesday ruled for the Food and Drug Administration in its crackdown on sweet-flavored vaping products following a surge in teen electronic cigarette use.
But the justices’ unanimous decision throwing out a federal appeals court ruling is not the final word in the case, and the FDA could change its approach now that President Donald Trump has promised to “save” vaping.
The high court ruled that the FDA, during President Joe Biden’s administration, did not violate federal law when it denied an application from Dallas-based company Triton Distribution to sell e-juices like “Jimmy The Juice Man in Peachy Strawberry” and “Suicide Bunny Mother’s Milk and Cookies.” The products are heated by an e-cigarette to create an inhalable aerosol.
Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, called the decision “a major victory for the health of America’s kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis.”
The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn’t show that flavored vapes had a net public benefit, as required by law.
It has approved some tobacco-flavored vapes, and recently it allowed its first menthol-flavored e-cigarettes for adult smokers after the company provided data showing the product was more helpful in quitting.
But the conservative 5th U.S. Circuit Court of Appeals sided with Triton, agreeing that the FDA changed its standards with little warning in violation of federal law.
While mainly ruling for the FDA on Wednesday, the Supreme Court noted that the agency had said the company’s marketing plan would be an important factor in evaluating its application. But it ultimately did not consider the marketing plan, Justice Samuel Alito wrote for the court.
Attorney Eric Heyer, who represented the company, expressed disappointment with the ruling but said Triton believes “in the great harm reduction potential” of the products and plans to continue litigation.
The appeals court was ordered to consider if the failure to do so is an important mistake that might still lead to a decision in Triton’s favor.
The FDA has so far not instituted changes to its polices on vaping. But on Tuesday, the FDA’s top tobacco regulator, Brian King, was removed from his post amid sweeping cuts to the federal health workforce that have cleared out many of the nation’s leading health experts. King oversaw hundreds of warning letters issued to companies that make, sell and distribute flavored vapes.
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US immigration officials look to expand social media data collection
Headline Legal News |
2025/03/30 08:55
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U.S. immigration officials are asking the public and federal agencies to comment on a proposal to collect social media handles from people applying for benefits such as green cards or citizenship, to comply with an executive order from President Donald Trump.
The March 5 notice raised alarms from immigration and free speech advocates because it appears to expand the government’s reach in social media surveillance to people already vetted and in the U.S. legally, such as asylum seekers, green card and citizenship applicants -- and not just those applying to enter the country. That said, social media monitoring by immigration officials has been a practice for over a decade, since at least the second Obama administration and ramping up under Trump’s first term.
The Department of Homeland Security issued a 60-day notice asking for public commentary on its plan to comply with Trump’s executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The plan calls for “uniform vetting standards” and screening people for grounds of inadmissibility to the U.S., as well as identify verification and “national security screening.” It seeks to collect social media handles and the names of platforms, although not passwords.
The policy seeks to require people to share their social media handles when applying for U.S. citizenship, green card, asylum and other immigration benefits. The proposal is open to feedback from the public until May 5.
“The basic requirements that are in place right now is that people who are applying for immigrant and non-immigrant visas have to provide their social media handles,” said Rachel Levinson-Waldman, managing director of the Brennan Center’s Liberty and National Security Program at New York University. “Where I could see this impacting is someone who came into the country before visa-related social media handle collection started, so they wouldn’t have provided it before and now they’re being required to. Or maybe they did before, but their social media use has changed.”
“This fairly widely expanded policy to collect them for everyone applying for any kind of immigration benefit, including people who have already been vetted quite extensively,” she added.
What this points to — along with other signals the administration is sending such as detaining people and revoking student visas for participating in campus protests that the government deems antisemitic and sympathetic to the militant Palestinian group Hamas — Levinson-Waldman added, is the increased use of social media to “make these very high-stakes determinations about people.”
In a statement, a spokesperson for the United States Citizenship and Immigration Service said the agency seeks to “strengthen fraud detection, prevent identity theft, and support the enforcement of rigorous screening and vetting measures to the fullest extent possible.”
“These efforts ensure that those seeking immigration benefits to live and work in the United States do not threaten public safety, undermine national security, or promote harmful anti-American ideologies,” the statement continued. USCIS estimates that the proposed policy change will affect about 3.6 million people.
How are social media accounts used now?
The U.S. government began ramping up the use of social media for immigration vetting in 2014 under then-President Barack Obama, according to the Brennan Center for Justice. In late 2015, the Department of Homeland Security began both “manual and automatic screening of the social media accounts of a limited number of individuals applying to travel to the United States, through various non-public pilot programs,” the nonpartisan law and policy institute explains on its website.
In May 2017, the U.S. Department of State issued an emergency notice to increase the screening of visa applicants. Brennan, along with other civil and human rights groups, opposed the move, arguing that it is “excessively burdensome and vague, is apt to chill speech, is discriminatory against Muslims, and has no security benefit.”
Two years later, the State Department began collecting social media handles from “nearly all foreigners” applying for visas to travel to the U.S. — about 15 million people a year.
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Officers plead guilty in DWI police corruption probe in Albuquerque, NM
Headline Legal News |
2025/02/08 20:15
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Two former Albuquerque police officers pleaded guilty Friday to federal charges of racketeering, extortion and accepting bribes in a sweeping corruption investigation into a scheme that allegedly allowed people arrested for driving while intoxicated to evade conviction, according to court records.
The former officers worked under the Albuquerque Police Department’s driving while intoxicated unit and acknowledged conspiring with attorney Ricardo Mendez in a yearslong scheme. Federal investigators say that Mendez’s law firm offered gifts and thousands of dollars in bribes to officers in exchange for having his clients’ cases dismissed.
Officers Joshua Montaño and Honorio Alba signed agreements to plead guilty and cooperate with investigators in exchange for leniency on charges that might otherwise result in lengthy prison sentences. Attorneys for Montaño and Alba did not immediately respond to phone and email messages.
Mendez last month pleaded guilty to a slew of federal charges that include racketeering and bribery.
Clients would pay Mendez or his associate an attorney retainer fee in cash, court records said. Then Mendez would pay officers in cash — $5,000 or more — or in the form of gifts or legal services to not appear in court as a necessary witness to the driving incident, resulting in the dismissal of the case. |
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