Immigration enforcement: birthright citizenship, TPS, ATRC, mandatory detention circuit split, new state-level challenges, AEA lawsuit moot, DACA marriage ruling, 4th Circuit church arrest ruling
Key Questions
What was the Supreme Court's ruling on birthright citizenship?
The Court upheld birthright citizenship in a 6-3 decision, with a 5-4 split on the constitutional question where Kavanaugh concurred on statutory grounds. Trump has sought a rare rehearing, which is considered unlikely to succeed.
How did the Supreme Court rule on TPS revocation for Haitians and Syrians?
SCOTUS allowed the Trump administration's revocation of Temporary Protected Status to proceed, ending temporary relief for affected groups. A follow-up 6-3 ruling found no judicial review for terminations, though racial discrimination claims may still proceed.
How many Haitians are affected by the TPS changes?
Approximately 350,000 Haitians, mostly in Florida, face potential deportation as TPS ends. Appeals courts have extended protections through July 27 in some cases while litigation continues.
What other immigration cases were addressed by the courts recently?
The Fifth Circuit is set for an en banc hearing on mandatory detention in September, and certiorari was granted in an Arizona proof-of-citizenship voting case. A federal judge also dismissed the DOJ's challenge to Minnesota immigration limits.
What did Justice Kagan say about the birthright citizenship ruling?
Kagan cited the decision as an example of the Court rejecting Trump administration positions and noted statements that 'shout' racial undertones in related TPS cases. She dissented in the TPS ruling, arguing discrimination claims remain viable.
What is the status of work permits for TPS holders and asylum seekers?
A federal judge in Boston blocked USCIS from revoking work permits, creating potential circuit splits. This provides temporary relief amid broader efforts to end TPS protections.
How is the birthright citizenship decision being compared to other cases?
Opinion pieces frame it as a potential new 'Roe v. Wade' for judicial nominations due to the 5-4 constitutional split and Kavanaugh's statutory reasoning. Analyses detail Alito's hypotheticals and Thomas's narrower dissent.
What challenges remain for Haitian TPS recipients?
DHS has accused judges of defiance, while appeals courts continue to block immediate revocations. Racial discrimination claims persist despite the Supreme Court's allowance of terminations.
SCOTUS upheld birthright citizenship 6-3; Trump missed rehearing deadline, finality confirmed. First Circuit upholds block on Trump birthright order. Trump signs new narrower EOs targeting diplomats, alien enemies, and birth tourism; ACLU files new challenge in NH (seeking to block Aug 6 EO, arguing it defies SCOTUS ruling). TPS for up to 350K Haitians officially ends as judge applies Supreme Court order; work authorization expired; racial animus claim still alive. Judge lifts block on ending TPS for Somalis (approx. 2,500), citing Mullin v. Doe. 7th Circuit joins 2nd, 6th, 9th, 10th, 11th in rejecting mandatory detention, deepening circuit split to 6-2. SCOTUS granted cert in Genalo v. Black for October argument. Arizona Prop 314 allowed to take effect temporarily. Federal judge blocks NY law banning ICE agents from wearing masks on preemption grounds. Major report on ICE detention policy causing 16,000+ judicial rebukes, heading to SCOTUS. First Circuit keeps $100K H-1B fee blocked. 5th Circuit ruled key Alien Enemies Act lawsuit moot after plaintiffs deported under INA; Oldham and Ho opined it was lawful, leaving core separation-of-powers issue unresolved. Lower courts continue to undercut 8th Circuit's pro-government mandatory detention ruling on constitutional grounds. Massachusetts state court orders release of ICE detainee health records. New: Court ruling narrows pathway to citizenship for DACA recipients via marriage. New: 4th Circuit upholds RFRA-based limits on warrantless ICE arrests at churches, creating circuit split with D.C. Circuit. New: Deep dive analysis of birthright ruling reveals 6-3 statutory and 5-4 constitutional split, Kavanaugh's statutory exception theory, Jackson's anti-caste concurrence.