A federal judge on Monday questioned when the Trump administration will try to enforce its birthright citizenship executive order and asked if the government would attempt to deport U.S.-born children of people who are in the country illegally or temporarily before restrictions on birthright citizenship might take effect in late July.
Justice Department attorney Brad Rosenberg told U.S. District Judge Deborah Boardman that the administration doesn't intend to deport any children covered by President Donald Trump's executive while the Supreme Court has suspended its enforcement for 30 days. He called it a "hypothetical" question.
The judge gave Rosenberg until Tuesday to submit a written summary of what the administration believes it "can and can't do" after last Friday's Supreme Court ruling . She asked if the government would be 'seeking to deport babies" before July 26. The judge said her question referred to children who were born after Feb. 19 and are covered by Trump's executive order but aren't plaintiffs in litigation challenging the order.
"No," Rosenberg said. "I just want to be clear. I am responding to the court's characterization of what it believes the United States might do after 30 days from the date of the Supreme Court's decision. But, again, I would note that federal agencies have all been tasked with developing guidelines for implementation of the executive order. So I view that as a hypothetical."
"I take the government at its word that the United States does not intend to do that and it is not doing that," Boardman said.