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Trump administration pursues a second round in the courts on birthright citizenship

Judge Christopher Reid Cooper pressed Justice Department lawyers on when the order takes effect as advocates warn it could apply retroactively to newborns.

  • On Thursday, Judge Christopher Reid Cooper pressed Department of Justice attorneys to clarify when President Donald Trump's second birthright citizenship executive order takes effect, as the August order included no specific implementation date.
  • This second attempt follows a June Supreme Court ruling that struck down Trump's earlier birthright citizenship order, with the American Civil Liberties Union and allied groups leading the current legal challenge.
  • Cooper noted the new order lacks a set date, unlike the first executive order which applied to children born 30 days after signing, and questioned whether the policy would retroactively affect children born before publication.
  • DOJ attorney Ty Turley Trejo stated the administration considers the order effective upon publication, while ACLU staff attorney Lucia Goin expressed concern that children's passports could be retroactively revoked.
  • Citing a similar ongoing case in Maryland, Judge Cooper expressed hesitation to issue a preliminary injunction and said he would decide soon whether to proceed with the current challenge.
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Trump administration pursues a second round in the courts on birthright citizenship

WASHINGTON — A federal judge in the District of Columbia on Thursday seemed weary of the Trump administration’s arguments that it should be allowed to proceed with its second attempt to redefine the constitutional right to birthright citizenship.  During the hearing, Judge Christopher Reid Cooper pressed Department of Justice attorneys to clarify when the second executive […]

·St. Louis, United States
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arkansasadvocate.com broke the news on Thursday, November 12, 2026.
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