Trump lawyer says no immediate deportations under birthright citizenship order, as judges to decide on challenges

WASHINGTON - President Donald Trump's administration will not deport children deemed ineligible for US citizenship until his executive order curtailing birthright citizenship takes effect on July 27, a government lawyer said on June 30 after being pressed by two federal judges.

During separate hearings in lawsuits challenging Mr Trump's order, US District Judges Deborah Boardman in Greenbelt, Maryland, and Joseph LaPlante in Concord, New Hampshire, set expedited schedules to decide whether the order can be blocked again on grounds that the

US Supreme Court's ruling on June 27 curbing the ability of judges to impede his policies nationwide

does not preclude injunctions in class action lawsuits.

Both judges asked US Department of Justice lawyer Brad Rosenberg, who represented the government in both cases, for assurances that the Trump administration would not move to deport children who do not have at least one parent who is a US citizen or legal permanent resident at least until the executive order takes effect.

Mr Rosenberg said it would not, which Ms Boardman and Mr LaPlante respectively asked him to confirm in writing by July 1 and July 2.

In the Maryland case, immigrant rights advocates revised their lawsuit just a few hours after the 6-3 conservative majority US Supreme Court on June 27 ruled in their case and two others challenging Mr Trump's executive order. 

The New Hampshire lawsuit, a proposed class action, was filed on June 27.

The Supreme Court ruling did not address the merits or legality of Mr Trump's birthright citizenship order, but instead curbed the ability of judges to issue "universal" injunctions to block the Republican president's policies nationwide.

But while the Supreme Court restricted the ability of judges to issue injunctions that cover anyone other than the parties appearing before them, Justice Amy Coney Barrett's opinion held out the possibility that opponents of a federal policy could still obtain the same type of relief if they instead pursued cases as class actions. 

Mr William Powell, a lawyer for immigration rights groups and pregnant non-citizen mothers pursuing the case, told Ms Boardman at a hearing on June 30 that an immediate ruling was necessary to address the fears and concerns migrants now face as a result of the Supreme Court's decision.

"They want to see how fast we can get class relief because they are afraid about their children and their babies and what their status might be," Mr Powell said.

Mr Trump's executive order, which he issued on his first day back in office on January 20, directs agencies to refuse to recognise the citizenship of US-born children who do not have at least one parent who is an American citizen or lawful permanent resident, also known as a "green card" holder.

In June 27's ruling, the high court narrowed the scope of the three injunctions issued by federal judges in three states, including Ms Boardman, that prevented enforcement of his directive nationwide while litigation challenging the policy played out. 

Those judges had blocked the policy after siding with Democratic-led states and immigrant rights advocates who argued it violated the citizenship clause of the US Constitution's 14th Amendment, which has long been understood to recognise that virtually anyone born in the United States is a citizen. 

Immigrant rights advocates in the hours after the Supreme Court ruled swiftly launched two separate bids in Maryland and New Hampshire to have judges grant class-wide relief on behalf of any children nationally who would be deemed ineligible for birthright citizenship under Mr Trump's order.

The Supreme Court specified the core part of Mr Trump's executive order cannot take effect until 30 days after June 27's ruling.

Ms Boardman on June 30 pressed Mr Rosenberg on what it could do before then.

"Just to get to the heart of it, I want to know if the government thinks that it can start removing children from the United States who are subject to the terms of the executive order," Ms Boardman said at the end of the hearing.

Ms Boardman scheduled further briefing in the case to continue through July 9, with a ruling to follow. Mr LaPlante scheduled a hearing for July 10.

Mr Rosenberg said the Trump administration objected to the plaintiffs' attempt to obtain the same relief through a class action. He stood by the administration's view of the constitutionality of Mr Trump's order.

"It is the position of the United States government that birthright citizenship is not guaranteed by the Constitution," he said. REUTERS