Attorneys Push For Class Action In Birthright Citizenship Case After Supreme Court Ruling

Attorneys are urging a federal judge in Maryland to use an alternative legal mechanism to block President Donald Trump's birthright citizenship order after the Supreme Court ruled against the use of nationwide injunctions. The Supreme Court's decision allowed plaintiffs to pursue broad relief through class actions, which entail judges allowing a plaintiff to represent a larger group of people and seek relief for that class. Attorneys for immigrant organizations and pregnant women asked the federal court in Maryland to recognize a class of people made up of those who would be ineligible for birthright citizenship as a consequence of Trump's order. During a conference on June 30, U.S. District Judge Deborah Boardman asked the administration whether it thought it could deport recently born babies of illegal immigrant parents, and Justice Department attorney Brad Rosenberg said it was his understanding that the government couldn't do that until 30 days after the Supreme Court's decision. The Supreme Court's decision had halted lower court injunctions on the president's birthright order but granted a 30-day delay for the most important section to take effect. Judge Boardman required Rosenberg to submit something in writing the following day, and how the government responds will bear on how she proceeds with another potential block. The plaintiffs' attorneys suggested that Boardman could grant relief for the proposed class without first certifying it, pointing to the Supreme Court's recent decision to tentatively block Trump's deportations under the Alien Enemies Act. The case is known as CASA Inc. v. Donald Trump and is one of several that resulted in nationwide injunctions on Trump's policy, with the Supreme Court's decision focusing on the legality of nationwide injunctions rather than the constitutionality of Trump's policy. The Supreme Court's decision left some wiggle room for lower courts to adjust their orders, and Judge Boardman is considering how to proceed with the case, including the possibility of narrowing a nationwide injunction issued by a judge in Massachusetts. The outcome of the case will have significant implications for the implementation of Trump's birthright citizenship order and the use of nationwide injunctions in similar cases.