Federal Judge Probes Timing of Birthright Citizenship Order Enforcement
A federal judge in Washington is scrutinizing the Trump administration’s plans regarding its executive order on birthright citizenship. On Monday, U.S. District Judge Deborah Boardman inquired about potential deportations of U.S.-born children of individuals residing illegally or temporarily in the country, ahead of possible restrictions taking effect by late July.
Justice Department lawyer Brad Rosenberg clarified to Judge Boardman that the administration does not plan to deport children under President Trump’s executive order during the 30-day suspension enforced by the Supreme Court. Rosenberg described the judge’s question as “hypothetical.”
Judge Boardman has requested Rosenberg to submit a detailed summary by Tuesday outlining the administration’s perceived capabilities and limitations following the Supreme Court’s recent ruling. She further questioned whether the government would attempt to deport children born after February 19 who fall under the executive order but are not litigants in the ongoing legal challenges.
“No,” Rosenberg confirmed, adding, “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.”
Judge Boardman acknowledged Rosenberg’s statement, saying, “I take the government at its word that the United States does not intend to do that and it is not doing that.”
Concerns Among Plaintiffs
Attorney William Powell, representing the plaintiffs, expressed that their clients are enduring “incredible stress, anxiety and fear” following the Supreme Court’s decision. He noted the complexity of the situation for those unversed in legal matters, explaining, “They’re not lawyers. It is confusing to them exactly what these things mean. We can’t really assure them, ‘Oh, no, the order is fully blocked,’ because it’s not.”
Powell highlighted additional concerns beyond deportation, indicating potential enforcement of the executive order could infringe on newborns’ rights.
Judicial Responses and Nationwide Implications
Judge Boardman is not alone in tackling the implications of the Supreme Court’s decision. Judges in Massachusetts, Washington state, and New Hampshire have issued various rulings on birthright citizenship, with the latter being more narrowly applied.
New Jersey Attorney General Matt Platkin is pursuing a hearing in Massachusetts federal court to consider a nationwide block of the executive order. Platkin argued that such an injunction aligns with the Supreme Court’s decision, which suggested “alternative forms of relief” while leaving specifics to lower courts.
The Supreme Court has determined that federal judges cannot impose nationwide injunctions, yet the question remains whether parts of the country might soon see Trump’s executive order on birthright citizenship take effect.
The Context of Birthright Citizenship
The principle of birthright citizenship, rooted in the 14th Amendment of the U.S. Constitution post-Civil War, grants American citizenship to anyone born on U.S. soil, including children of illegal immigrants. The United States is one of roughly 30 countries that recognize this right. President Trump and his advocates have argued for more stringent criteria for American citizenship.
