New York Immigration Coalition v. President Trump
Case Overview
A Venezuelan national residing in New York with Temporary Protected Status and the New York Immigration Coalition sued the Trump administration over the birthright citizenship executive order.
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The Application
The plaintiff, a Venezuelan national with Temporary Protected Status, challenges an executive order restricting birthright citizenship. Under established Wong Kim Ark precedent, a child born in the U.S. to a parent with TPS status, who is subject to U.S. jurisdiction, would ordinarily qualify for citizenship, making the executive order's attempted denial facially inconsistent with the Fourteenth Amendment.
The Conclusion
The case remains active in the U.S. District Court for the Southern District of New York before Judge Margaret M. Garnett. The fundamental question of whether the executive branch can restrict the constitutional guarantee of birthright citizenship through executive order is currently being litigated.
Case Analysis
Overview
A Venezuelan national residing in New York with Temporary Protected Status and the New York Immigration Coalition sued the Trump administration over the birthright citizenship executive order.
Issue
Whether the Trump administration's birthright citizenship executive order violates the Fourteenth Amendment's Citizenship Clause by attempting to deny citizenship to children born in the United States whose parents lack full immigration status.
Rule
The Fourteenth Amendment provides that persons born in the United States and subject to its jurisdiction are citizens. This has been interpreted expansively since United States v. Wong Kim Ark (1898) to extend citizenship to virtually all children born on U.S. soil, with narrow exceptions only for children of foreign diplomats or invading enemy forces.
Analysis
The plaintiff, a Venezuelan national with Temporary Protected Status, challenges an executive order restricting birthright citizenship. Under established Wong Kim Ark precedent, a child born in the U.S. To a parent with TPS status. Who is subject to U.S. Jurisdiction. Would ordinarily qualify for citizenship, making the executive order's attempted denial facially inconsistent with the Fourteenth Amendment.
Conclusion
The case remains active in the U.S. District Court for the Southern District of New York before Judge Margaret M. Garnett. The fundamental question of whether the executive branch can restrict the constitutional guarantee of birthright citizenship through executive order is currently being litigated.
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