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D.C. judge hears second Trump bid to limit birthright citizenship
States Newsroom reports U.S. District Judge Christopher Reid Cooper heard arguments Thursday on pausing President Trump's August order limiting citizenship for some U.S.-born children.
A federal judge in Washington on Thursday heard arguments over whether the Trump administration may move forward with a second executive order that would limit who is recognized as a U.S. citizen at birth1.
U.S. District Judge Christopher Reid Cooper pressed Justice Department lawyers on when the order took effect, noting that President Donald Trump signed it in August without listing an effective date1.
Cooper also asked lawyers for the plaintiffs, led by the American Civil Liberties Union, whether he should decide a preliminary injunction now or wait, citing a similar case in Maryland and a judge there who handled an earlier challenge1.
The Supreme Court in June rejected a prior executive order that would have denied citizenship to babies born to parents on temporary visas or without legal status, according to the States Newsroom account carried by these outlets1.
The August orders, as described in that reporting, would deny citizenship to babies born in the United States to parents designated as members of a terrorist organization and to parents who came to the country to obtain citizenship for a child, a practice critics call birth tourism1. The same orders would also deny citizenship to children of some foreign diplomatic staff and to children born in U.S. territories where Congress has not enacted a citizenship statute1.
The lawsuit was brought by the ACLU and affiliates in New Hampshire, Maine, Massachusetts and the District of Columbia, along with the Legal Defense Fund, Asian Law Caucus and Democracy Defenders Fund, on behalf of immigrants and children who could be subject to the new order1.
ACLU staff attorney Lucia Goin said the groups are concerned the second order could be treated as retroactive and that the State Department could revoke passports already issued if it took effect1. She said the order, unlike the first, does not set a date after which newborns would be covered1.
Justice Department attorney Ty Turley Trejo said the administration views the order as taking effect when it is published1. Asked about a child born before publication of the Aug. 6 order, Trejo said it would not apply to that newborn or to any child born before the order was signed1.
Cooper said that if he proceeds with the case, he would issue an order soon1. No ruling was reported from Thursday's hearing1.