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Trump Just Released His Plan to Revoke Birthright Citizenship. It’s Worse Than Imagined.

A Fascinating Enigma Jurisprudence

Trump Just Released His Plan to Revoke Birthright Citizenship. It’s Worse Than Imagined.

By Mark Joseph Stern, July 30, 20254:07 PM

What penalty will Trump impose on these infants? Photo illustration by Slate. Photos by Chip Somodevilla / Getty Images and Taws13 / iStock / Getty Images Plus.

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Ever since Donald Trump vowed to end birthright citizenship for the children of many immigrants, one question has loomed: How could the executive branch possibly implement such a sweeping rollback of constitutional rights? The United States has granted birthright citizenship to virtually all children born on its soil since 1868, when the 14th Amendment enshrined that guarantee into law. What would it look like for the government to abruptly change course, adopting a radically different system of citizenship through presidential decree? How could the Trump administration identify the roughly 150,000 babies born each year who would no longer receive their fundamental right of citizenship? What penalty would it impose on these infants, some of whom would be rendered literally stateless?

For months, federal courts blocked the Trump administration from developing any such plans, finding the executive order unconstitutional from top to bottom. In June, however, the Supreme Court expressly permitted the government to begin “developing and issuing public guidance about the executive’s plans to implement” Trump’s order. Acting on that decision, an immigration agency released the first stage of its “implementation plan” last Friday. It shocks the conscience. In dry bureaucratic language, the memo outlines a plan to revoke citizenship from the children of both immigrants who lack permanent legal status and many lawful residents, including visa holders, Dreamers, and asylum-seekers.

Read online: https://slate.com/news-and-politics/2025/07/trump-birthright-citizenship-supreme-court-ice-maternity-ward.html – some behind paywall

#2025 #America #BirthrightCitizenship #Citizenship #DonaldTrump #History #Libraries #LibraryOfCongress #Politics #Resistance #RuleOfLaw #Science #Slate #Trump #TrumpAdministration #UnitedStates

Lawyers for the #Trump admin had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, arguing it should be “tailored to the States’ purported financial injuries.”

“The record does not support a finding that any narrower option would feasibly & adequately protect the plaintiffs from the injuries they have shown they are likely to suffer,” Sorokin wrote.

#law #BirthrightCitizenship #AbuseOfPower

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One of the biggest tests of the impact of #SCOTUS’ ruling in #Trump v. CASA will come on Thurs, when a federal judge in NH will
consider whether to prevent Trump's #ExecutiveOrder curtailing #BirthrightCitizenship from taking effect nationally on July 27.

That EO was at the heart of SCOTUS’ ruling, which did not address the legality of the policy, but held that #judges likely lack #authority to issue #NationwideInjunctions & ordered 3 judges to reconsider rulings…

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The plaintiffs in the NH #BirthrightCitizenship case are looking to seize upon one of the major exceptions to #SCOTUS’ ruling. They argue it allows #judges to continue to block #Trump policies on a nationwide basis in #ClassAction lawsuits.

The lawsuit, which was filed by the #ACLU & others hours after the Supreme Court ruled, seeks class action status on behalf of babies who would be subject to Trump's #ExecutiveOrder & their parents.

A federal judge on Friday could deal another blow to #Trump's attempts to limit #BirthrightCitizenship, even though a #SCOTUS decision last month made it more difficult for lower courts to block White House directives.

A group of Democratic attorneys general from 18 states & DC will urge US District Judge Leo Sorokin at a hearing in Boston at 10AM ET Friday to maintain an injunction he imposed in Feb that blocked Trump's executive order nationwide.

#law #Constitution
reuters.com/legal/government/u

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Its lawyers are expected to seek to narrow prior court rulings & also defend against an anticipated rise in #ClassAction lawsuits challenging #Trump policies.

Lawyers in the unit are opposing 2 attempts by advocacy organizations to establish a nationwide class of people to challenge Trump's order on #BirthrightCitizenship. A judge granted one request on Thursday.

#DOJ#law#lawless
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The unit is fighting to sustain actions of the *cost-cutting* #DOGE formerly overseen by #ElonMusk; #Trump’s order restricting #BirthrightCitizenship & his attempt to freeze $2.5B in funding to #Harvard.

"We've never had an administration pushing the legal envelope so quickly, so aggressively & across such a broad range of government policies & programs," said Peter Keisler, who led #DOJ’s Civil Division under Republican President George W. Bush.

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Judge Laplante agreed the plaintiffs could proceed as a #class, allowing him to issue a fresh judicial order blocking implementation of #Trump's policy nationally.

The question of whether to issue an #injunction was "not a close call," he said, noting #children could be deprived of #US #citizenship if Trump's order took effect.

"That’s irreparable harm, citizenship alone," he said. "It is the greatest privilege that exists in the world.”

Judge blocks #Trump #BirthrightCitizenship order despite #SCOTUS ruling [because they are hella wrong]

A federal judge on Thursday has again barred the Trump admin from enforcing his #ExecutiveOrder limiting birthright citizenship nationwide after the #US #SupremeCourt restricted the ability of judges to block his policies using #NationwideInjunctions.

#law #immigration #Constitution #judiciary
reuters.com/legal/government/j