WASHINGTON (AP) — On Monday, a federal judge raised questions about the Trump administration’s plans to enforce its birthright citizenship executive order and inquired about the potential deportation of U.S.-born children of undocumented individuals before the restrictions on birthright citizenship may come into effect in late July. Justice Department lawyer Brad Rosenberg informed U.S. District Judge Deborah Boardman that the administration does not intend to deport any children affected by President Donald Trump’s executive order while the Supreme Court has put a 30-day hold on its enforcement. He described the judge’s query as hypothetical. The judge requested that Rosenberg provide a written summary by Tuesday outlining what actions the administration believes it can or cannot take following the Supreme Court’s recent ruling. She asked if the government would consider deporting infants before July 26, specifically referring to children born after February 19 who fall under Trump’s executive order but are not parties in the legal challenge against it. Rosenberg emphasized that the agencies are working on guidelines for implementing the executive order and viewed the situation as hypothetical. Judge Boardman accepted the government’s assurance that it has no intention of carrying out such deportations. Plaintiffs’ attorney William Powell expressed his clients’ distress and confusion after the Supreme Court decision, highlighting concerns beyond deportation. The judge in Maryland is among several grappling with tailoring orders to align with Justice Amy Coney Barrett’s Supreme Court decision on birthright citizenship. Other district court judges in Massachusetts, Washington state, and New Hampshire have also issued related orders, some more narrowly applicable. New Jersey Attorney General Matt Platkin sought a hearing on a nationwide injunction in his state’s case filed in Massachusetts federal court. The Supreme Court’s ruling clarified limitations on nationwide injunctions but left uncertainties on the potential enforcement of Trump’s birthright citizenship order. Birthright citizenship grants automatic American citizenship to anyone born in the U.S., including children of undocumented individuals, and has been a longstanding legal principle.
The 14th Amendment of the Constitution includes birthright citizenship, a principle applied in around 30 countries, including the United States. President Trump and his followers contend that the requirements for attaining American citizenship should be more stringent. This report incorporates contributions from Associated Press journalists Mark Sherman and Mike Catalini.
