Cases & Developments

Complaint for Declaratory and Injunctive Relief. Plaintiffs, State and Attorneys General of Massachusetts, New Jersey, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin, and the City and County of San Francisco, allege that Defendants, Donald J. Trump, U.S. Department of Homeland Security (DHS), Benjamin Huffman as Acting Secretary of Homeland Security, Social Security Administration (SSA), Michelle King as the Acting Commissioner of the SSA, U.S. Department of State, Marco Rubio as the Secretary of State, Health and Human Services (HHS), and Dorothy Fink as the Acting Secretary of HHS, have acted unconstitutionally in the announcement of Executive Order: Protecting the Meaning and Value of American Citizenship (the Order) and actions taken by defendant agencies to implement or enforce the Order would effectively violate the Administrative Procedure Act. Plaintiffs allege the Order expressly violates Section 301 of the Immigration and Nationality Act and the guarantee of birthright citizenship to all individuals born in the United States and subject to the jurisdiction thereof. Plaintiffs reason the President has no authority to override or ignore the Fourteenth Amendment’s Citizenship Clause or otherwise amend the Constitution unilaterally. Plaintiffs further argue by way of United States v. Wong Kim Ark, 169 U.S. 649 (1898) that “the Citizenship Clause contains no exceptions based on the citizenship or immigration status of one’s parent(s). Rather, the Citizenship Clause’s only requirements are that an individual be born ‘in the United States’ and ‘subject to the jurisdiction thereof.’” Additionally, plaintiffs cite to the Office of Legal Counsel from a statement to Congress in 1995 stating that proposed legislation that would deny citizenship to certain children born in the United States based on their parents’ immigration or citizenship status would be “unquestionably unconstitutional.” If the Order were to go into effect, plaintiffs contend it would deny over one hundred and fifty thousand children nationwide of their birthright to citizenship over the course of a year. Plaintiffs argue that the President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth; as such Plaintiffs ask the Court to preliminarily and permanently enjoin defendants from enforcing the Order.  

Executive Order: Protecting the American People Against Invasion. This Executive Order requires the Attorney General and the Secretary of Homeland Security to jointly establish the Homeland Security Task Force (HSTF) in all states nationwide. The Order prioritizes the enforcement of the Immigration and Nationality Act (INA) and directs the Attorney General to prioritize prosecution of criminal offenses of people who are undocumented. The Order directs the Department of Homeland Security to ensure the efficient and expedited removal of people who are undocumented from the United States and to construct detention facilities pending the outcome of their removal proceedings. The Order requires the Attorney General and Secretary of Homeland Security to review, and if appropriate, audit all contracts, grants, or other agreements providing Federal funding to non-governmental organizations supporting or providing services, either directly or indirectly, to people who are undocumented. The Order narrows the scope of designations for Temporary Protected Status and finally, the Order states that all “Sanctuary Jurisdictions” will no longer receive federal funds. This Order rescinds Executive Order 13993: Revision of Civil Immigration Enforcement Policies and Priorities; Executive Order 14010: Creating a Comprehensive Regional Framework to Address the Causes of Migration throughout North and Central American and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border; Executive Order 14011: Establishment of Interagency Task Force on the Reunification of Families; and Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans.   

Executive Order: Protecting the Meaning and Value of American Citizenship. This Executive Order instructs that no department or agency of the United States government shall issue documents recognizing U.S. citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize U.S. citizenship to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth. The Order only applies to persons who are born within the U.S. thirty days subsequent to issuance of the Order. The Secretary of State, Attorney General, Secretary of Homeland Security, and the Commissioner of Social Security will all regulate the Order. The Order mandates the heads of all executive departments and agencies to issue public guidance within thirty days of the Order. 

American Council on Education (ACE) Issue Brief on “Campus Challenges under Trump’s Immigration Policies.” The Brief is designed to help campuses navigate the shifting landscape of immigration policies under the new administration, drawing on lessons from the first Trump administration. The Brief explores what is to come regarding policies for international students, faculty and staff, students with discretionary status, and Dreamers, as well as potential enforcement for sanctuary campuses and sensitive locations. Finally, the Brief includes legal and non-legal resources to guide campuses as immigration policies and trends develop.