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The Intercept reports
A Federal judge in New York issued a nationwide temporary injunction [1], halting the implementation of President Donald Trump's executive order on immigration on Saturday night, blocking the deportation of travelers with valid visas detained at airports in the past 24 hours.
Judge Ann Donnelly, a United States District Court Judge in Brooklyn, issued the ruling at an emergency hearing on a lawsuit [2] filed by the American Civil Liberties Union and other groups on Saturday, as Trump's executive order temporarily banning citizens of seven nations with Muslim majorities from entering the U.S. took immediate effect.
The judge ruled that the government must immediately stop deporting travelers from those nations, including refugees who already went through a rigorous vetting process, and provide a complete list of all those detained, immigrants rights lawyer Lee Gelernt told reporters in Brooklyn.
[Ed Note (martyb): Original text and links from The Intercept are reproduced here — to bypass indirections and Javascript use the following links.]
[1] Direct link to a PDF of the Emergency Motion for Stay of Removal (Case 1:17-cv-00480 Document 8 Filed 01/28/17).
[2] Direct link to a PDF of the Original ACLU Complaint (Case 1:17-cv-00480 Document 1 Filed 01/28/17).
Previously:
Breaking News: Immigration Ban Includes Green Card Holders
(Score: 2) by Runaway1956 on Monday January 30 2017, @11:51AM
I didn't rationalize it. I attempted to explain that facts are facts. The world is a harsh fucking place, and her parents didn't take the proper measures to protect their child. If a mad dog attacks you child, there is no rationalizing that. But, you can take responsibility for your child, and keep her from being put in danger by the mad dog.
Once again - the residency law for female American citizens is obscenely fucking stupid. An American mother can only give birth to an American child. Unless the mother takes measures to renounce her citizenship, then citizenship is the birthright of her child, it's just that simple.
Let's get THAT stupid law changed, and a whole lot of children will avoid the kind of bullshit and heartache you see in this case.
But, Mommy put her child in that position, when all is said and done. Mommy had all the same opportunity that any of us has had to peruse citizenship laws. Mommy CHOSE to reside in a foreign land, and put her child's citizenship into jeopardy. Don't blame it all on Trump. Don't even blame it on me. I didn't write the law, didn't even get to vote on it.
(Score: 2) by Grishnakh on Monday January 30 2017, @05:25PM
Hold on a second here. Why was the child not automatically a US citizen, with her parents both already being US citizens? Location shouldn't matter.
Otherwise, how the heck did Ted Cruz qualify for running for President? He was born in Canada (to US citizen parents).
(Score: 2) by Runaway1956 on Monday January 30 2017, @06:17PM
Residency requirements for a female parent. Let me find that thing for you . . . .
First link I find that mentions residency is this one - https://au.usembassy.gov/u-s-citizen-services/birth/transmit-citizenship/ [usembassy.gov]
Scroll down low on the page, to "if parents are unmarried at time of child's birth - the mother is a US citizen" - (javascript enabled, or it won't open)
"The mother must have had physical presence in the U.S. or its possessions for one continuous year.
(This is only for children born on or after December 24, 1952.)"
Similar heading, "If parents are unmarried at the time of the child's birth - the father is a US citizen"
"The father must have had physical presence in the U.S. or its possessions for five years, two years of which were after the age of 14; and blood relationship established between father and child; and father (unless deceased) agrees in writing, prior to the child turning 18, to support child while child is under age 18. Conditions include:
child is legitimated; or
father acknowledges paternity under oath; or
paternity is established by court adjudication.
(This is only for children born on or after November 14, 1986.)"
Note that link is in Australia, apparently published by the US emabassy.
This is NOT what I have read in the past - when the Birthers brought this issue up.
For a mother to confer residency on her child born abroad, she should have lived (continuously, I believe) for seven years within the US, AFTER having reached the age of 14. Meaning, no woman under the age of 21 can possibly give birth to a US citizen abroad, before she reaches the age of 21.
This site is some better, in that it shows pretty clearly that the law has been changed over time.
https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html [state.gov]
Birth Abroad to Two U.S. Citizen Parents in Wedlock
A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA) provided that one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. The child is considered to be born in wedlock for the purposes of citizenship acquisition when the genetic and/or gestational parents are legally married to each other at the time of the child’s birth and both parents are the legal parents of the child under local law at the time and place of birth.
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)
A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:
A blood relationship between the person and the father is established by clear and convincing evidence;
The father had the nationality of the United States at the time of the person’s birth;
The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
While the person is under the age of 18 years --
the person is legitimated under the law of his/her residence or domicile,
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:
A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The U.S. citizen mother must be the genetic or the gestational mother and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
*** PLEASE NOTE ONCE AGAIN: I do not agree with any of that residency BS. It really needs to be stricken from US Code. The more stringent versions of this law that I've read in the past can only be considered barbaric - this less stringent version is much less so, but still barbaric. Border control can't deny the woman entry into the country, because she is a citizen - but they can bar her baby?
But then, we have Mexican anchor babies, whose parents can't be deported because the baby was born on US soil?
Preposterous.