Ben Johnson

As @AILANational Past President Jeremy McKinney wrote yesterday: "This executive order was constitutionally deficient the day it was signed." He put together a great analysis for further reading. aila.org/library/think-…

A decision is expected by June. If the EO is upheld, 200,000+ babies born in US each year could be denied citizenship & the citizenship of millions of Americans past, present and future could be called into question if the Court credits the government's underlying theory.

Yesterday at SCOTUS, justices from across the ideological spectrum (including Trump appointees) expressed deep skepticism about the administration's effort to end birthright citizenship. Here's what they said.

The legal consensus against this order is overwhelming, and the human cost is real. It contradicts the Constitution, federal law, and more than a century of settled practice. The Supreme Court should say so clearly and unequivocally.

Birthright citizenship isn’t a loophole. It’s rooted in the 14th Amendment and recognizes that children born here are part of our communities, able to fully participate in American life. Ending it would create a permanent underclass of stateless children with nowhere to go.

Today, the Supreme Court hears a case challenging Trump’s executive order denying citizenship to children born in the U.S. if their parents lack permanent legal status. The stakes are enormous – more than 250,000 children born here every year.

Withholding ICE and CBP enforcement funding is a necessary response to repeated, documented abuses and DHS leadership’s refusal to accept basic legal constraints such as judicial warrants, transparency, and consequences for unlawful arrests.

This is staggering. DOJ concedes it relied on a memo that never authorized immigration court arrests yet defended the practice in court for months. Meanwhile people were arrested & deported while trying to obey court orders. That’s a betrayal of due process & professional ethics.

As a result of the hard work of the American Immigration Council and their litigation partners, and the courage of the plaintiffs in this case, we have all secured a meaningful victory for justice and the rule of law. @immcouncil

Creating an independent immigration court is a critical first step to protecting due process, restoring integrity, and ensuring decisions worthy of the public’s trust.

Trump's immigration policy is undermining the national interest. A better path forward must 1) keep our communities safe, 2) end unlawful immigration, 3) provide legal immigration pathways, 4) ensure fairness & due process, 5) protect people who are fleeing persecution #SOTU