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As Donald Trump advances his "Make America Great Again" immigration agenda, several of his executive actions are under legal scrutiny. Courts across the country are intervening, particularly on issues concerning due process and constitutional rights.

Birthright Citizenship: A Core Constitutional Battle

The U.S. Supreme Court is scheduled to hear arguments on May 15 in a pivotal case that could redefine birthright citizenship. Trump’s executive order sought to limit automatic citizenship for children born on U.S. soil if their parents are not citizens or permanent residents.

Federal courts in Massachusetts, Maryland, and Washington State temporarily blocked the order, citing constitutional concerns. Critics argue the move violates the 14th Amendment, which guarantees citizenship to anyone born in the U.S., as confirmed in the 1898 Supreme Court case United States v. Wong Kim Ark.

Legal challenges have been brought by Democratic state attorneys general, immigrant rights groups, and affected individuals.

Alien Enemies Act Used in Venezuelan Deportations

Another legal flashpoint involves Trump’s use of the Alien Enemies Act to deport Venezuelans allegedly associated with the Tren de Aragua gang. Five lawsuits have been filed questioning whether the centuries-old law, enacted in 1798 during conflict with France, can be used in peacetime.

Despite a March 15 order by U.S. District Judge James E. Boasberg halting the deportations, planes carrying nearly 140 Venezuelans took off. This apparent defiance raised concerns about executive compliance with judicial orders.

Upcoming cases in Colorado, Texas, and New York will address whether the administration can continue using this law without proving clear national security threats.

Case of Kilmar Abrego Garcia: A Legal and Diplomatic Crisis

The case of Kilmar Armando Abrego Garcia, a Maryland resident wrongly deported to El Salvador, has become symbolic of the broader legal conflict. Despite three court rulings, including one from the Supreme Court, directing his return, the Trump administration has not taken significant action.

Federal Judge Paula Xinis has initiated a formal inquiry into the administration’s delay, while a Virginia appeals court reaffirmed the order to “facilitate” his return. The Salvadoran government, however, refuses to release him, adding diplomatic tension to the legal battle.


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