New Hampshire judge pauses Trump's birthright citizenship order nationwide via class action lawsuit
Concord (US), Jul 10 (AP): A federal judge in New Hampshire issued a ruling Thursday prohibiting President Donald Trump's executive order ending birthright citizenship from taking effect anywhere in the US.
Judge Joseph LaPlante issued a preliminary injunction blocking Trump's order and certified a class action lawsuit including all children who will be affected. The order, which followed an hour-long hearing, included a seven-day stay to allow for appeal.
The judge's decision puts the birthright citizenship issue on a fast track to return to the Supreme Court. The justices could be asked to rule whether the order complies with their decision last month that limited judges' authority to issue nationwide injunctions.
The class is slightly narrower than that sought by the plaintiffs, who wanted to include parents, but attorneys said that wouldn't make a material difference.
“This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,” said Cody Wofsy, an attorney for the plaintiffs.
The lawsuit was filed on behalf of a pregnant woman, two parents and their infants. It's among numerous cases challenging Trump's January order denying citizenship to those born to parents living in the US illegally or temporarily. The plaintiffs are represented by the American Civil Liberties Union and others.
At issue is the Constitution's 14th Amendment, which states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”
The Trump administration says the phrase “subject to the jurisdiction thereof” means the US can deny citizenship to babies born to women in the country illegally, ending what has been seen as an intrinsic part of US law for more than a century.
“Prior misimpressions of the citizenship clause have created a perverse incentive for illegal immigration that has negatively impacted this country's sovereignty, national security, and economic stability,” government lawyers wrote in the New Hampshire case.
LaPlante, who had issued a narrow injunction in a similar case, said while he didn't consider the government's arguments frivolous, he found them unpersuasive. He said his decision to issue an injunction was “not a close call” and that deprivation of US citizenship clearly amounted to irreparable harm.
“That's irreparable harm, citizenship alone,” he said. “It is the greatest privilege that exists in the world.”
During Thursday's hearing, Deputy Assistant Attorney General Eric Hamilton argued that both approving a class action and issuing an injunction would be premature, given that no one other than Trump has taken action.
He said doing so would mean a single court could become the “end-all-and-be-all” in reversing new federal policies and said if anything, the injunction should be limited to New Hampshire.
In a Washington state case before the 9th US Circuit Court of Appeals, the judges have asked the parties to write briefs explaining the effect of the Supreme Court's ruling. Washington and the other states in that lawsuit have asked the appeals court to return the case to the lower court judge.
As in New Hampshire, a plaintiff in Maryland seeks to organise a class-action lawsuit that includes every person who would be affected by the order. The judge set a Wednesday deadline for written legal arguments as she considers the request for another nationwide injunction from CASA, a nonprofit immigrant rights organisation.
Ama Frimpong, legal director at CASA, said the group has been stressing to its members and clients that it is not time to panic.
“No one has to move states right this instant,” she said. “There's different avenues through which we are all fighting, again, to make sure that this executive order never actually sees the light of day.”
The New Hampshire plaintiffs, referred to only by pseudonyms, include a woman from Honduras who has a pending asylum application and is due to give birth to her fourth child in October. She told the court the family came to the US after being targeted by gangs.
“I do not want my child to live in fear and hiding. I do not want my child to be a target for immigration enforcement,” she wrote. “I fear our family could be at risk of separation.”
Another plaintiff, a man from Brazil, has lived with his wife in Florida for five years. Their first child was born in March, and they are in the process of applying for lawful permanent status based on family ties - his wife's father is a US citizen.
“My baby has the right to citizenship and a future in the United States,” he wrote.
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Zelenskyy says Putin wants rest of Ukraine's Donetsk region as part of ceasefire
Brussels, Aug 12 (AP): Ukrainian President Volodymyr Zelenskyy said Tuesday that Russian President Vladimir Putin wants Ukraine to withdraw from the remaining 30 per cent of the Donetsk region that Ukraine controls as part of a ceasefire deal.
Zelenskyy said Russia's position had been conveyed to him by US officials ahead of a summit Friday between Putin and US President Donald Trump in Alaska on the war in Ukraine.
Zelenskyy reiterated that Ukraine would not withdraw from territories it controls, saying that would be unconsitutional and would serve only as a springboard for a future Russian invasion.
It remained unclear whether Ukraine would take part in the Friday summit. European Union also has been sidelined from the meeting, and they appealed to Trump on Tuesday to protect their interests.
Zelenskyy said at a news briefing in Kyiv that Putin wants the remaining 9,000 square kilometres of Donetsk under Kyiv's control, where the war's toughest battles are grinding on, as part of a ceasefire plan. He said the Russian position was conveyed to him by US officials.
Doing so would hand Russia almost the entirety of the Donbas, a region comprising Ukraine's eastern industrial heartland that Putin has long coveted.
Zelenskyy was offering new details on the call he held with Trump and special envoy Steve Witkoff, after the latter's bilateral meeting with Putin. Witkoff told Zelenskyy that Russia was ready to end the war and that there should be territorial concessions from both sides. Some European partners were also part of the call.
“And that, probably, Putin wants us to leave Donbas. That is, it didn't sound like America wants us to leave,” he said, recounting the call. Further meetings at the level of National Security Advisors further clarified what Russia actually wanted, Zelenskyy said.
Meanwhile, Russian forces on the ground have been closing in on a key territorial grab around the city of Pokrovsk, potentially to use as leverage in any peace negotiations.
Seeking Trump's ear before the summit
Trump has said he wants to see whether Putin is serious about ending the war, now in its fourth year. The US president has disappointed allies in Europe by saying Ukraine will have to give up some Russian-held territory. He also said Russia must accept land swaps, although it was unclear what Putin might be expected to surrender.
The Europeans and Ukraine are wary that Putin, who has waged the biggest land war in Europe since 1945 and used Russia's energy might to try to intimidate the EU, might secure favourable concessions and set the outlines of a peace deal without them.
European countries' overarching fear is that Putin will set his sights on one of them next if he wins in Ukraine.
Their leaders said Tuesday they “welcome the efforts of President Trump towards ending Russia's war of aggression against Ukraine.” But, they underlined, “the path to peace in Ukraine cannot be decided without Ukraine” and “international borders must not be changed by force.”
The Europeans on Wednesday will make a fresh attempt to rally Trump to Ukraine's cause at virtual meetings convened by German Chancellor Friedrich Merz. Trump did not confirm whether he would take part but did say “I'm going to get everybody's ideas” before meeting with Putin.
Russia holds shaky control over four of the country's regions, two in the country's east and two in the south.
Mykhailo Podolyak, an adviser to the chief of Zelenskyy's office, said anything short of Russia's strategic defeat would mean that any ceasefire deal would be on Moscow's terms, erode international law and send a dangerous signal to the world.
'A profoundly alarming moment for Europe'
Trump's seemingly public rehabilitation of Putin — a pariah in most of Europe — has unnerved Ukraine's backers.
The summit in Alaska is a “profoundly alarming moment for Europe,” said Nigel Gould-Davies, senior fellow at the International Institute for Strategic Studies in London.
According to Gould-Davies, Putin might persuade Trump to try to end the war by “accepting Russian sovereignty” over parts of Ukraine, even beyond areas that it currently occupies. Trump also could ease or lift sanctions which are causing “chronic pain” to the Russian economy.
That would provoke a “really serious split in the transatlantic alliance," he said.
The war isn't about Russia's territorial expansion but about Putin's goal of subordinating Ukraine, which would create the opportunity to threaten other parts of Europe, Gould-Davies said.
It was unclear whether the Europeans also were unsettled by Trump mistakenly saying twice he would be traveling to Russia on Friday to meet Putin. The summit is taking place in the U.S. state of Alaska, which was colonized by Russia in the 18th century until Czar Alexander II sold it to the U.S. in 1867.
Tuesday's European joint statement was meant to be a demonstration of unity. But Hungarian Prime Minister Viktor Orbán, who is Putin's closest ally in Europe and has tried to block EU support for Ukraine, was the only one of the bloc's 27 leaders who refused to endorse it.
Russia closes in on Pokrovsk
Russia appeared close to taking an important city in the Donetsk region, Pokrovsk.
Military analysts using open-source information to monitor the battles said the next 24-48 hours could be critical. Losing Pokrovsk would hand Russia an important victory ahead of the summit. It also would complicate Ukrainian supply lines to the Donetsk region, where the Kremlin has focused the bulk of military efforts.
“A lot will depend on availability, quantity and quality of Ukrainian reserves,” Pasi Paroinen, an analyst with the Finland-based Black Bird Group, wrote on social media late Monday.
Ukraine's military said its forces are fending off Russian infantry units trying to infiltrate their defensive positions in the Donetsk region. The region's Ukrainian military command on social media Monday acknowledged that the situation remains “difficult, unpleasant and dynamic.”
Elsewhere in Ukraine, a Russian missile attack on a military training facility left one soldier dead and 11 others wounded, the Ukrainian Ground Forces posted on social media. Soldiers rushing to shelters were hit with cluster munitions, according to the Ukrainian Ground Forces.
