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    Trump Might Have a Case on Birthright Citizenship

    On his first day in office, President Trump issued an executive order that purports to end birthright citizenship for certain children. It does so despite Section 1 of the 14th Amendment, which declares, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”The central question raised by Mr. Trump’s order is what it means to be “subject to the jurisdiction” of the United States. The answer most legal observers give is that it includes virtually anyone born on American soil, including those whom the order is meant to exclude, namely children born to parents in the country illegally or temporarily. Indeed, on Monday, the American Bar Association described the order as an attack on a “constitutionally protected” right. Federal judges in four states have enjoined the order, with one claiming that it “conflicts with the plain language of the 14th Amendment.”Not necessarily.The Supreme Court has held, in the 1898 case United States v. Wong Kim Ark, that children born here to permanent residents are citizens. But it has never squarely held that children born to those illegally present are citizens. When the court addresses that question — which it almost certainly must — it should consider the 14th Amendment’s original purpose and the common-law principle of “jus soli,” or birthright citizenship, which informed the original public meaning of the text. Both relate to the idea of social compact and contradict today’s general assumption that the common-law principle depends solely upon place of birth.The 14th Amendment’s RootsAt the time of its adoption, the publicly known purpose of the 14th Amendment was to extend the benefits of the social compact — including, specifically, the privileges and immunities of citizenship — to African Americans newly freed after the Civil War. (Due in large part to a series of egregious Supreme Court rulings gutting the original letter and spirit of the amendment, that promise of equal citizenship was largely denied for decades.)Abraham Lincoln’s administration, rejecting the reasoning of Dred Scott v. Sandford, had already acknowledged that free African Americans were citizens. As Edward Bates, Lincoln’s first attorney general, wrote in 1862, in an official opinion, “The Constitution uses the word ‘citizen’ only to express the political quality of the individual in his relations to the nation; to declare that he is a member of the body politic, and bound to it by the reciprocal obligation of allegiance on the one side and protection on the other.”The equal protection clause, also found in Section 1 of the amendment, provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This clause was based on the same allegiance-for-protection theory enunciated by Bates.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Eric Adams Highlights Coordination With Trump’s Border Czar on Fox News

    If Mayor Eric Adams of New York City wanted to dispel fears that he was beholden to the Trump administration in exchange for its maneuvering to have his criminal case dropped, his appearance on “Fox and Friends” on Friday morning seemed to have the opposite effect.In the joint appearance with President Trump’s border czar, Thomas Homan, the two described their newfound collaboration on Mr. Trump’s immigration crackdown. It led to some uncomfortable moments for Mr. Adams, a Democrat.The mayor, who is facing vigorous calls to resign, reiterated his support for working with Mr. Trump to detain and deport immigrants who are accused of crimes. Then Mr. Homan warned that he would make sure Mr. Adams complied.“If he doesn’t come through, I’ll be back in New York City, and we won’t be sitting on the couch — I’ll be in his office, up his butt, saying, ‘Where the hell is the agreement we came to?’” Mr. Homan said.Mr. Homan pressed for further cooperation from Mr. Adams and attacked Gov. Kathy Hochul, who is facing growing pressure to use her power to remove Mr. Adams from office.“Governor Hochul, she needs to be removed,” Mr. Homan said. “The one who needs to be removed is her. She supports sanctuary policies.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    U.S. Deports Migrants From Asia to Panama

    The move could herald a new front in the Trump administration’s plans for mass deportations, one that allows for more rapid removal of migrants whose home countries are reluctant to accept them.The Trump administration deported migrants from several Asian nations to Panama on Wednesday night, Panamanian and U.S. officials said, in a move that could signal much faster removals of immigrants who have remained in the United States because their countries have made it difficult to return them.The flight carrying the migrants, a military plane that took off from California, appears to be the first of its kind during the Trump administration. It came on the heels of Secretary of State Marco Rubio’s visit last week to Panama, which has been under tremendous pressure from President Trump over how it runs the Panama Canal.The more than 100 migrants on the flight, including families, had entered the United States illegally from countries such as Afghanistan, China, Pakistan and Uzbekistan. It is often difficult for the United States to return migrants to those nations.President José Raúl Mulino of Panama, speaking at a news conference on Thursday morning, said 119 people of “the most diverse nationalities in the world” had arrived the night before on a U.S. Air Force flight at an airport outside Panama City.Mr. Mulino said they were being housed in a local hotel and would be moved to a shelter in Darién, a province in Panama’s east, a process managed by the International Organization for Migration. From there, he said, they would be repatriated.“We hope to get them out of there as soon as possible on flights from the United States,” Mr. Mulino said, adding, “This is another contribution Panama is making on the migration issue.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Some Migrants Sent by Trump to Guantánamo Are Being Held by Military Guards

    Dozens of Venezuelan migrants sent by the Trump administration to the U.S. military base in Guantánamo Bay, Cuba, are being guarded by troops rather than civilian immigration officers, according to people familiar with the operation.While the Trump administration has portrayed the detainees as legally in the custody of Immigration and Customs Enforcement, military guards and medics are doing the work, the people said.The Trump administration has not released the migrants’ names, although at least two have been identified by their relatives through pictures released of the first flight.By not disclosing the migrants’ identities, the government has prevented their relatives from learning where they are being held and complicated lawyers’ efforts to challenge their detention.Spokespeople for the Homeland Security and Defense Departments have been unwilling or unable to answer detailed questions about what is happening to the migrants at the base.But The New York Times has obtained the names of 53 men who are being held in Camp 6, a prison building where until recently the military held Al Qaeda suspects. The Times has published the list.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Here Are the Names of 53 Migrants Taken to Guantánamo Bay

    The Times has obtained a list of the names of the men, whom the U.S. government has described as Venezuelan citizens under final deportation orders.The New York Times has obtained a list of 53 men whom the Homeland Security Department has sent from an immigration detention site in Texas to a prison building at the military base at Guantánamo Bay, Cuba.The U.S. government has not released the men’s names but has described them as Venezuelan citizens under final deportation orders. By not disclosing the migrants’ identities, the government has prevented their relatives from learning where they are being held and complicated efforts by lawyers who want to challenge their detention.The Times is publishing the list. But we have not independently assessed the Trump administration’s characterization of the 53 men being housed in the prison, called Camp 6, as “high-threat illegal aliens” or violent gang members.The Times has found listings for 50 of the men in the U.S. immigration service’s Detainee Locator, which allows the public to search for people by name.Until recently, the men had been listed as being held by Immigration and Customs Enforcement in El Paso. U.S. cargo planes began moving migrants to Guantánamo, and the agency switched their locations to “Florida.” Detainee operations at Guantánamo Bay are overseen by the U.S. Southern Command, which is near Miami, and the overall base is supervised by Navy headquarters in Jacksonville, Fla.As of Wednesday, the military had brought about 100 migrants to Guantánamo. The people who are not named on the list were being held in a separate facility.Two of the names subsequently showed up in a lawsuit, which was filed on Wednesday in part by their relatives, seeking legal access to the detainees. The relatives said they recognized the men in pictures from a transfer operation that the government had made public.Three of the names, marked with asterisks, did not appear to be in the locator system, which requires exact spellings.Here is the list:Acosta Carreno, Yonniel DanielAlviares Armas, Jhonatan AlejandroAzocar-Moreno, AlexandroBastidas Paz, JhoanBellorin-Cardiel, Javier AlejandroBermudez Gamez, JoseBriceno-Rojas, Adrian JoseCardozo Oliveros, CarlosCastillo Rivera, Luis AlbertoCeballos-Jemenez, Kleiber EduardoChirino Torres, JonathanChirinos Rodriguez, Edixon LeonelDuarte-Marin, AllinzonDuran-Arape, MayfreedEscalona Hernandez, Jefferson *Esteira Medina, Misael JoseGomez Lugo, Tilso RamonGuerrero Mejias, Bryan SleydherGuevara-Varguillas, Sergio GabrielGuilarte, Oswal YonaikerLiendo-Liendo, Endry JoseLindado Mazo, Ricardo JoseMarquez Sanchez, Jesus DavidMedina Andrade, Jose GregarioMendez Canas, Freddy JavierMendez Ramos, Jesus EnriqueMontes Fernandez, FranyerMundaray-Salazar, Argelis JoseOrelanna, Deiby Jose *Oviedo-Hurtado, Brayan AlbertoPalma-Osorio, Carlos DavidParedes Salazar, Jose AlejandroPrado Pirona, JesusPurroy Roldan, Yoiner JoseQuintero Quintero, YohandersonRios Salas, Luis AlbertoRivas-Rivas, Lorwis JoseRivero Pinero, BrayanRodriguez Diaz, KevinRodriguez Fermin, RafaelRojas Pena, JuniorSanchez Vasquez, JuniorSandovalascanio, Anthony YosmarSantana-Jara, AndresSimancas Rodriguez, JoseSulbaran D’Avila, Erick JohanTiberio-Pacheco, JulioUvieda Machado, AlexisUzcategui Uzcaegui, Diuvar *Velazquez-Penaloza, Julio JoseVillasana Villegas, Douglas JesusWullians Oropeza, DaimerYanes-Gonzalez, Ali Jose More

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    Bondi Announces Lawsuit Against New York Over Immigration

    The attorney general, citing a law allowing New Yorkers to get a driver’s license regardless of citizenship or legal status, accused the state of “prioritizing illegal aliens over American citizens.”The Trump administration sued New York on Wednesday over its migrant policies, accusing state officials of prioritizing “illegal aliens over American citizens,” as Washington ramped up its political and legal battles with states over deportations.Attorney General Pam Bondi, in her first news conference, specifically cited New York’s “green light” law, which allows people in the state to get a driver’s license regardless of citizenship or legal status.Ms. Bondi, flanked by federal agents in raid jackets, vowed to put an end to those practices.“It stops,” Ms. Bondi said. “It stops today.”The lawsuit, filed in federal court in Albany, said New York state law was the most egregious in that it requires state authorities “to promptly tip off any illegal alien when a federal immigration agency has requested his or her information.”That, the lawsuit said, was “a frontal assault on the federal immigration laws, and the federal authorities that administer them.”Gov. Kathy Hochul’s spokesman, Avi Small, said the governor “supports deporting violent criminals who break our laws, believes that law-abiding families should not be targets and will coordinate with federal authorities who have a judicial warrant.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Court Blocks U.S. From Sending Venezuelan Migrants to Guantánamo

    A federal judge barred the U.S. government on Sunday from sending three detained Venezuelan men to the Navy base at Guantánamo Bay, Cuba, according to a lawyer for the migrants.Lawyers for the men, who are detained at an Immigration and Customs Enforcement facility in New Mexico, asked the court on Sunday evening for a temporary restraining order, opening the first legal front against the Trump administration’s new policy of sending undocumented migrants to Guantánamo.Within an hour of the filing, which came at the start of the Super Bowl, Judge Kenneth J. Gonzales of the Federal District Court for New Mexico, convened a hearing by videoconference and verbally granted the restraining order, said Baher Azmy, the legal director of the Center for Constitutional Rights, which is helping represent the migrants.Immigration and human rights advocates have been stymied in immediately challenging the Trump administration’s policy of sending migrants to Guantánamo, in part because the government has not released the identities of the roughly 50 men it is believed to have flown there so far.But the three Venezuelan men were already represented by lawyers, and their court filing said they had a credible fear that they could be transferred.According to the filing, the men are being held in the same ICE facility, the Otero County Processing Center, where previous groups of men who were flown to Guantánamo in recent days had apparently been held. The men recognized the faces of some of those detainees from government photographs provided to the news media, the filing said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A Tent City Is Rising at Guantánamo Bay

    On Friday a military cargo plane transported deportees from El Paso, Texas, to Guantánamo Bay, Cuba. They are among the latest arrivals in the Trump administration’s week-old migrant relocation operation.Kristi Noem, the secretary of homeland security, is the first senior member of the Trump administration to visit the migrant mission on the base.So far, none of the first arrivals have been taken to an emerging tent city that has been set up for migrants. Instead, they have been housed in the military prison.A Tent City Is Rising at Guantánamo BayThe Trump administration has moved more than 30 people described as Venezuelan gang members to the U.S. Navy base at Guantánamo Bay, as U.S. forces and homeland security staff prepare a tent city for potentially thousands of migrants.About a dozen of the men were brought in from El Paso, Texas, on Friday, as Kristi Noem, the secretary of homeland security, arrived at Guantánamo. She is the first senior member of the Trump administration to visit the migrant mission on the base in southeastern Cuba.Ms. Noem was taken to the rooftop of the base’s aircraft hangar and observed as U.S. security forces led the deportees down the ramp of a C-130 military cargo plane to an awaiting minibus. Maj. Gen. Philip J. Ryan, the army commander overseeing the migrant mission, stood beside her in combat uniform, and a Chinook transport chopper could be seen in the distance.“Vicious gang members will no longer have safe haven in our country,” Ms. Noem said on social media, calling the men “criminal aliens.”Ms. Noem and a soldier watch from a distance as U.S. security forces take migrants off a cargo plane at Guantánamo Bay on Friday. An ICE policeman in civilian attire stands beside one recent arrival while other security personnel staff the arrival of the cargo plane, which came from El Paso, Texas.

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