A federal appeals court delivered a blow to Donald Trump’s executive order ending birthright citizenship, deeming it unconstitutional. It’s the latest step in an ongoing battle between Trump and various judges in states far over his plan to deny citizenship to U.S.-born children of illegal migrants.
The ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals comes after Trump´s plan was also blocked by a federal judge in New Hampshire. It brings the issue one step closer to coming back quickly before the Supreme Court.
The 9th Circuit decision keeps a block on the Trump administration enforcing the order that would deny citizenship to children born to people who are in the United States illegally or temporarily. ‘The district court correctly concluded that the Executive Order´s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,’ the majority wrote.
The 2-1 ruling keeps in place a decision from U.S. District Judge John C. Coughenour in Seattle, who blocked Trump´s effort to end birthright citizenship and decried what he described as the administration´s attempt to ignore the Constitution for political gain. The White House and Justice Department did not immediately respond to messages seeking comment.
The Supreme Court has since restricted the power of lower court judges to issue orders that affect the whole country, known as nationwide injunctions. But the 9th Circuit majority found that the case fell under one of the exceptions left open by the justices.
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The Citizenship Clause of the 14th Amendment says that all people born or naturalized in the United States, and subject to U.S. jurisdiction, are citizens. Justice Department attorneys argue that the phrase ‘subject to United States jurisdiction’ in the amendment means that citizenship isn´t automatically conferred to children based on their birth location alone. The states – Washington, Arizona, Illinois and Oregon – argue that ignores the plain language of the Citizenship Clause as well as a landmark birthright citizenship case in 1898 where the Supreme Court found a child born in San Francisco to Chinese parents was a citizen by virtue of his birth on American soil.
Tag Archives: illegal migrants
Daily Caller: ‘Another Win For The American People’: Appeals Court Hands Trump Admin Deportation Victory
An appellate court ruled the Trump administration can move forward with ending temporary deportation protections for thousands of Afghan and Cameroonian nationals.
The Department of Homeland Security (DHS) is allowed to end the Temporary Protected Status (TPS) for roughly 10,000 Afghans and Cameroonians while a court challenge against the move continues to play out in court, the Fourth Circuit Court of Appeals ruled Monday. The court determined that while CASA — an immigration advocacy group suing DHS — has a plausible case, there is not enough evidence to block the TPS phaseout while the court challenge continues.
“We agree with the district court that CASA, Inc. has stated a plausible claim for relief with regard to the alleged ‘preordained’ decision to terminate temporary protected status (TPS) for Afghanistan and Cameroon, and that the balance of the equities and the public interest weigh in favor of CASA, Inc,” the court stated, according to court documents.
“At this procedural posture, however, there is insufficient evidence to warrant the extraordinary remedy of a postponement of agency action pending appeal,” the ruling continued.
The Monday court ruling marks the latest victory in the Trump administration’s ongoing effort to keep TPS designations temporary.
A federal authority first established in the Immigration Act of 1990, TPS bestows sweeping deportation protections and work eligibility to certain foreign nationals living in the U.S., including illegal migrants, whose home countries are experiencing any number of conflicts or devastating natural disasters, making it potentially unsafe for them to go back, according to U.S. Citizenship and Immigration Services (USCIS).
The authority does not grant permanent legal status, according to USCIS. Those who lose TPS become amenable to removal unless they obtain another form of immigration status.
Despite its purpose as a temporary form of deportation protection, the authority has served as a more permanent measure in practice.
Honduras and Nicaragua, for example, were initially designated for TPS roughly 25 years ago based on an environmental disaster that resulted in “substantial, but temporary” disruption of living conditions, according to a DHS memo issued earlier in July. Since that time, however, both Central American countries have seen their TPS designations “continuously extended” over the years, with Nicaragua’s designation being extended a total of 13 consecutive times.
The Trump administration is moving to finally end TPS for Nicaragua and Honduras, arguing that conditions in both countries no longer support the deportation protection designation. Earlier this year, the administration also announced it would nix the Biden White House’s TPS extension for Haiti, a designation the country has enjoyed since 2010, and revoke an 18-month TPS extension granted to roughly 600,000 Venezuelan nationals by Biden officials.
“This is another win for the American people and the safety of our communities,” DHS Assistant Secretary Tricia McLaughlin stated Tuesday to the Daily Caller News Foundation. “TPS was never intended to be a de facto asylum program, yet it has been abused as one for decades.”
No, you ignorant bitch, this isn’t a “win” for anyone except our deranged King Donald and his entourage of blind sycophants.
This is a stain on America. We provided shelter for 10,000 Afghans and Cameroonians who were at risk in their home countries; you and your cronies are pulling the rug out from under them. If you actually succeed in deporting them, many, perhaps thousands, will end up injured and murdered.
“DHS records indicate that there are Afghan nationals who are TPS recipients who have been the subject of administrative investigations for fraud, public safety, and national security,” McLaughlin continued. “This decision restores integrity in our immigration system and ensures that Temporary Protective Status is actually temporary.”
In May, DHS Secretary Kristi Noem declared TPS for Afghan nationals would end within 60 days, according to a release. The number of Afghans on TPS is relatively small compared to the number of Afghans who arrived to the U.S. en masse amid President Joe Biden’s chaotic withdrawal from the country and obtained other forms of immigration benefits.
Roughly 9,600 Afghans and nearly 3,500 Cameroonians currently have TPS, according to The National Immigration Forum. The deportation protections for Afghan nationals were slated to end earlier in July and protections for Cameroonian nationals are set to expire on Aug. 4.
What’s needed now is a direct appeal to the Supreme Court, if they will hear the case, or a conflicting opinion in another circuit, which normally would force the issue to the Supreme Court.

https://dailycaller.com/2025/07/22/court-ruling-hands-trump-admin-tps-win
Fox News: Democrats fume over new plan to house illegal migrants in New Jersey, Indiana military bases
Democrats said that move is ‘inhumane’ and would ‘jeopardizes military preparedness’
Military bases in both New Jersey and Indiana will soon be used by Homeland Security to house illegal immigrants, drawing a furious response from Democratic lawmakers.
Parts of Joint Base McGuire-Dix-Lakehurst in New Jersey and Camp Atterbury in Indiana will be repurposed and used as “temporary soft-sided holding facilities,” the Defense Department told Fox News Digital, citing a decision by Defense Secretary Pete Hegseth.
New Jersey Democrats blasted the decision, warning it would harm military readiness and urging Republicans to join them in helping reverse it. Both bases were previously used to house thousands of Afghan refugees following the U.S. withdrawal from Afghanistan in 2021.
“This is an inappropriate use of our national defense system and militarizes a radical immigration policy that has resulted in the inhumane treatment of undocumented immigrants and unlawful deportation of U.S. citizens, including children, across the country,” the group of Democrats said in a joint statement.
“Using our country’s military to detain and hold undocumented immigrants jeopardizes military preparedness and paves the way for ICE immigration raids in every New Jersey community. We have the greatest military in the world and using it as a domestic political tool is unacceptable and shameful.”
The statement was made by Reps. Herb Conaway, LaMonica McIver, Donald Norcross, Rob Menendez, Frank Pallone, Bonnie Watson Coleman, Josh Gottheimer and Nellie Pou as well as Sens. Cory Booker and Andy Kim.
It is unclear when either site will open and a decision will depend on operational requirements and coordination with Homeland Security, the Defense Department said.
Joint Base McGuire-Dix-Lakehurst is a joint military base operated by U.S. Air Force, Army and Navy — the only tri-service base in the country. Spanning 42,00 acres, it’s home to 45,000 military and civilian personnel, making it one of the largest and most strategically important on the East Coast.
Camp Atterbury is an Army and Air National Guard base near Edinburgh that spans 34,000 acres and has been used for training brigades and hosting large-scale operations.
Under the Trump administration, Homeland Security has been using detention facilities to house migrants while they await asylum hearings or deportation.
The lawmakers said that Hegseth wrote to Conoway informing him of the decision. Hegseth wrote in the letter that the move would not negatively affect military training, operations, readiness, or any other military requirements, per NJ Spotlight News.
New Jersey is already home to Delaney Hall and the Elizabeth Detention Center which are being used as immigration detention facilities, although they are privately operated. Delaney Hall was the scene where Democrat Newark Mayor Ras Baraka was arrested and charged with trespassing in a clash with federal immigration officials in May. Rep. LaMonica McIver, D‑N.J., was later federally charged for allegedly interfering with federal officers during the same incident.
The news comes two weeks after President Donald Trump signed the Big Beautiful Bill into law, which allocated between $150 billion and $170 billion towards immigration enforcement over the next several years, $45 billion of which was carved out to expand immigration detention facilities. The funds are part of the Trump administration’s efforts to carry out the largest deportation operation in the nation’s history.
Earlier this month, the Trump administration opened an immigration detention camp in Florida’s Everglades that is surrounded by alligators dubbed “Alligator Alcatraz.”