Detainees sit outside at the Bluebonnet Detention Facility, the facility where Venezuelans at the center of a Supreme Court ruling are being held, in Anson, Texas, last month.
The justices sent the case back to a lower court to consider whether the Alien Enemies Act can be used to deport immigrants accused of being members of the Venezuelan gang.
The Supreme Court’s order keeps in place a freeze on deportations that the justices had first imposed in April, as the president’s power to use the wartime act is weighed further.
A federal judge’s order had barred dozens of federal agencies from moving ahead with the largest phase of President Trump’s efforts to downsize the government.
D. John Sauer, the solicitor general, argued that a pause of the administration’s plans for mass layoffs would prevent “almost the entire executive branch from formulating and implementing plans to reduce the size of the federal work force.”
An executive order signed by President Trump ending the practice of granting citizenship to all children born in the United States was blocked by federal judges who said it was unconstitutional.
A case focused on birthright citizenship could come later, but the bulk of the argument is expected to concern whether a single judge can freeze a policy nationwide.
Arguments from Solicitor General D. John Sauer and two other lawyers are expected to concern the legality of injunctions, and whether a single federal judge can issue an order temporarily freezing a policy for the entire country.
An executive order signed by President Trump ending the practice of granting citizenship to all children born in the United States was blocked by federal judges who said it was unconstitutional.
President Trump signing an executive order. An order ending the practice of granting citizenship to all children born in the nation was blocked by federal judges who said it was unconstitutional.
For more than a century, there was broad consensus that the 14th Amendment established birthright citizenship for children born in the United States. But President Trump has challenged that precedent. Abbie VanSickle, a reporter covering the Supreme Court for The New York Times, explains.
Before the Trump presidency, there was broad consensus that the 14th Amendment established birthright citizenship for children born in the United States.
John Eastman, a California law professor, and his colleagues at the Claremont Institute, a right-wing think tank, promoted the fringe notion that the 14th Amendment does not actually grant citizenship to anyone born in the United States.
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