New York Immigration Coalition v. President Trump
Case Overview
A Venezuelan national residing in New York with Temporary Protected Status and the New York Immigration Coalition sued the Trump administration over the birthright citizenship executive order.
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The Application
The plaintiff, a Venezuelan national with Temporary Protected Status, challenges an executive order restricting birthright citizenship. Under established Wong Kim Ark precedent, a child born in the U.S. to a parent with TPS status, who is subject to U.S. jurisdiction, would ordinarily qualify for citizenship, making the executive order's attempted denial facially inconsistent with the Fourteenth Amendment.
The Conclusion
The case remains active in the U.S. District Court for the Southern District of New York before Judge Margaret M. Garnett. The fundamental question of whether the executive branch can restrict the constitutional guarantee of birthright citizenship through executive order is currently being litigated.
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