In Washington, a federal judge posed significant inquiries to the Trump administration regarding the potential enforcement of an executive order aimed at restricting birthright citizenship. During a court session, the judge sought clarity on whether the administration intended to deport children born in the U.S. to individuals who are residing in the country illegally or temporarily. This line of questioning arose as the Supreme Court temporarily suspended the order’s implementation for 30 days, while full effects might be realized by late July.
During the hearing, Justice Department lawyer Brad Rosenberg assured U.S. District Judge Deborah Boardman that the administration had no immediate plans to deport any children covered under the executive order. He emphasized that any changes in policy would not be applied to these children until further notice, describing the judge’s query as purely hypothetical. Despite his clarification, Judge Boardman requested Rosenberg to submit a comprehensive written summary by Tuesday, outlining what actions the administration believes it could or could not pursue following the Supreme Court’s interim ruling.
The questions specifically targeted children born after February 19th, who, by implication of the executive order, are not currently involved in litigation challenging the directive. Judge Boardman reiterated her concern about whether the administration might attempt deportation of these infants before July 26th.
In response, Rosenberg affirmed, “No,” clarifying that there is currently no intent to initiate deportations, especially within the restricted timeline advised by the Supreme Court. He reiterated that federal agencies are still in the process of developing guidelines for the implementation of the order, emphasizing the hypothetical nature of the concerns raised.
Taking Rosenberg at his word, Judge Boardman recognized that the administration did not have immediate plans for deportations, and as of now, actions aligned with the order were not underway.
For the plaintiffs’ attorney, William Powell, this matter continues to generate significant stress and confusion among his clients, who feel overwhelmed by the legal complexities surrounding the order. Addressing the court, Powell expressed that while they attempt to reassure their clients, they cannot guarantee that the order is entirely blocked.
Additionally, Powell pointed out that deportation isn’t the only concern. He articulated anxieties about other ways the executive order might be enforced, potentially stripping newborns of their rightful opportunities and privileges.
In neighboring courts, such as those in Massachusetts and Washington State, similar deliberations are ongoing, as federal judges navigate how best to align their rulings with the Supreme Court’s recent decision. New Jersey’s Attorney General, Matt Platkin, has actively sought a hearing in Massachusetts, advocating for a nationwide injunction to prevent enforcement of the executive order.
While the Supreme Court’s ruling suggests that federal judges lack the authority to issue nationwide injunctions, the decision has led to uncertainty about whether the executive order might soon be enforced in certain regions of the country.
Under the 14th Amendment of the U.S. Constitution, birthright citizenship bestows American citizenship to anyone born on U.S. soil, irrespective of the legal status of their parents. President Trump and his advocates argue in favor of more stringent criteria for American citizenship, suggesting a need for policy reform in this area.