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The Supreme Court held on Tuesday in Trump v. Barbara that the Citizenship Clause of the Fourteenth Amendment guarantees citizenship to children born in the United States to parents who are unlawfully or temporarily present in the country. The Court thus ruled that President Trump’s executive order seeking to limit birthright citizenship is unconstitutional. (Opinion.) (NYT.)
The Tenth Circuit on Tuesday unanimously reversed a district court’s denial of habeas relief to an immigration detainee and held that noncitizens arrested in the United States after entering without inspection generally are entitled to bond hearings under 8 U.S.C. § 1226(a). The ruling makes the Tenth Circuit the fourth federal appeals court to reject the administration’s mandatory detention policy. (Opinion.) (Politico.)
Judge Paul L. Friedman (D.D.C.) on Tuesday issued a preliminary injunction barring the Department of Defense from enforcing provisions of its March 23 revised Pentagon press-access policy, including an escort requirement and related access restrictions. For background on Judge Friedman’s previous two rulings on Pentagon press access policies, see prior Roundups. (Opinion.) (Order.) (WaPo.)
Judge Myong Joun (D. Mass.) held unlawful and set aside the Education Department’s rule implementing President Trump’s executive order restricting Public Service Loan Forgiveness eligibility for employees of organizations deemed to have a “substantial illegal purpose.” Judge Joun wrote that the rule “is contrary to law and promulgated in excess of statutory authority, is arbitrary and capricious, and violates the First Amendment.” (Opinion.) (Order.) (WaPo.)
Secretary of State Marco Rubio and special envoy Steve Witkoff faced bipartisan questioning Monday in the first all-member congressional briefings on the U.S.-Iran memorandum of understanding, with Democrats pressing hardest on oil-sanctions relief and Witkoff’s business interests in the Middle East. (Politico.)
Michael Dreeben argued that the Supreme Court’s decision this week in Chatrie v. United States, holding that a geofence warrant seeking cell-phone location history is a Fourth Amendment Search, is a “narrow and incremental” extension of Carpenter v. United States, not the doctrinal overhaul either side sought. (Just Security.)
Nick Bednar argued that “Trump v. Slaughter’s silence on the civil service raises concerns of executive aggrandizement.” (Lawfare.)