A district court failed to overturn the block on enforcing the Trump administration’s birthright order on February 28th due to a split court panel. The panel reasoned that the Trump administration’s argument the court’s universal injunction was an abuse of the court’s discretion was false. This marks the second time efforts to remove the block on the Trump Birthright Citizenship order were rejected by a district court panel.
The Trump administration claimed that an initial rejection by the 4th Circuit Court of Appeals on February 18th was an abuse of the court’s discretion, filing a legal complaint in the 4th circuit to overturn the injunction. The panel clarified that, despite what the Trump administration claimed, district courts have wide discretion in determining the scope of a preliminary injunction. The panel added the Trump administration also failed to demonstrate how the universal injunction on the birthright order would harm the government.
This rejection marks the second failed attempt by the Trump administration to contest the Birthright Citizenship block in court. With this latest case establishing a precedent foreclosing the Trump administration’s argument that the court’s decision to maintain the induction is a abuse of its discretion. The panel added the Trump administration failed to provide an example case in which a court stayed a preliminary injunction of a policy that was likely unlawful.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
