US appeals court rejects Trump's emergency bid to curtail birthright citizenship
The San Francisco-based 9th U.S. Circuit Court of Appeals rejected the Trump administration request to pause the lower-court judge's order.
It was the first time an appellate court had weighed in on Trump's executive order on birthright citizenship, whose fate may ultimately be decided by the U.S. Supreme Court.
Trump's Justice Department had asked the appellate court to issued an emergency stay that would largely pause that decision while it pursued an appeal, saying Seattle-based U.S. District Judge John Coughenour went too far by issuing a nationwide injunction at the behest of four Democratic-led states.
The executive order remains separately blocked by judges in Maryland, Massachusetts and New Hampshire. The Justice Department is pursuing appeals in the Maryland and Massachusetts cases as well.
Trump's order, signed on his first day back in the White House on January 20, directed U.S. agencies to refuse to recognize the citizenship of children born in the United States after Tuesday if neither their mother nor father is a U.S. citizen or lawful permanent resident.
Lawsuits were quickly filed by Democratic state attorneys general, immigrant rights advocates and others, who argued the order violated the citizenship clause of the U.S. Constitution's 14th Amendment, which has long been understood to recognize that virtually anyone born in the United States is a citizen.
They say the U.S. Supreme Court clearly ruled in 1898 in the case United States v. Wong Kim Ark that the 14th Amendment guarantees the right to birthright citizenship regardless of a child's parent's immigration status.
Coughenour, an appointee of Republican former President Ronald Reagan, was the first judge to block the order, which he did by issuing a temporary restraining order on January 23. He later extended that into an indefinite preliminary injunction.
Coughenour's decision came in a lawsuit by the Democratic-led states of Washington, Arizona, Illinois and Oregon and several pregnant women. He has called Trump's order "blatantly unconstitutional."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Scotsman
43 minutes ago
- Scotsman
Huge policing operation for Trump's Scotland visit - 'Few if any cops will not be impacted'
Strict airspace regulations will also be in place as part of vast security operation Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... The head of the Scottish Police Federation has said all officers in Scotland could be affected by the visit this week of US president Donald Trump. David Threadgold, who chairs the body that represents rank and file officers, said some may be expected to work 12-hour shifts, posing a 'challenge' for how they eat, sleep and rest. Advertisement Hide Ad Advertisement Hide Ad Strict airspace restrictions will also be in place over Mr Trump's inaugural Scottish golf resort as part of a vast security operation. Donald Trump has spoken fondly of his links to Scotland (Picture: Andy Buchanan) | AFP via Getty Images Speculation mounted about a potential visit of the president this month when Police Scotland confirmed it was in the early stages of planning for such an event. In Washington DC on Thursday, White House press secretary Karoline Leavitt confirmed Mr Trump will visit both of his golf courses in Scotland - Turnberry in Ayrshire and Menie in Aberdeenshire - between July 25 and 29. Mr Threadgold told Scotland on Sunday: 'This is a huge policing event for Scotland and we will require mutual aid because of the huge demand on my colleagues. Advertisement Hide Ad Advertisement Hide Ad 'Very few if any cops will not be impacted by next week's visit and beyond. 'I suppose the natural comparison in terms of scale is previous presidential visits and COP26. 'We are talking about bespoke workforce plans because although this is a well-established workforce we are cognisant we cannot deliver this without impacting on individual officers across the country. 'What that means in simple terms is some may be required to work 12-hour shifts for example, which normally wouldn't happen. Advertisement Hide Ad Advertisement Hide Ad 'That is the type of change cops will see during this event. 'We also need to consider how officers will eat and drink and rest during this policing which will be a challenge.' He stressed that despite the added pressures the public should be reassured officers will continue to deliver community policing. 'This is already a difficult time for Police Scotland as they are trying to organise and deliver this at short notice during a period of high annual leave,' he said. Advertisement Hide Ad Advertisement Hide Ad Time off 'very unlikely' 'We are not going to be telling officers they cannot go on holiday, but those who ask for time off at short notice are very unlikely to get it. 'Operation Roll is a very high demand event but we will continue to deliver community policing. 'Inevitably there will be an impact on our ability to do that, but the public should be reassured that emergencies will still be responded to, there just might be an impact on service delivery. 'There are so many people committed to this event but the public should be confident that we are excellent at what we do and our experience of policing things like Operation Unicorn and the Commonwealth Games should we can deliver.' Advertisement Hide Ad Advertisement Hide Ad Police Scotland is reported to have requested extra officers from across the UK to support the upcoming visit by Mr Trump. Assistant Chief Constable Emma Bond said a policing plan will be in place to 'maintain public safety, balance rights to peaceful protest and minimise disruption,' adding: 'The visit will require a significant police operation using local, national and specialist resources from across Police Scotland, supported by colleagues from other UK police forces as part of mutual aid arrangements. "Officers make sacrifices every day to keep people safe, and their dedication and professionalism is the reason we manage to deliver significant operations." Flying regulations Notices filed by the Civil Aviation Authority reveal that sweeping flying regulations will be put in place over the Aberdeenshire site for nearly two weeks. Advertisement Hide Ad Advertisement Hide Ad While Mr Trump's visit - his first to his mother's homeland since 2023 - will begin on Friday, the CAA restrictions began today, and will remain in place until 10 August. It means that over that 22 day period, no unmanned aircraft will be allowed to fly below 1,000 feet within a one mile radius surrounding Trump International Golf Links. The ban not only covers drones, but parachutes, paramotors, small balloons, and any kites, according to the documentation drawn up by the CAA's regulators. During Mr Trump's visit to Scotland in his first term in office, widespread protests included a paraglider who descended on his Turnberry resort in South Ayrshire brandishing a banner which read 'Trump: well below par'. Advertisement Hide Ad Advertisement Hide Ad In the wake of the incident in July 2018, Police Scotland warned the paraglider that they had put themselves in 'grave danger,' given armed officers from the US and the UK were protecting Mr Trump, who had arrived at Turnberry shortly beforehand. A 55-year-old man was subsequently arrested, charged and released pending further inquiries, while that November, Police Scotland said a 35-year-old man had been reported to the procurator fiscal in connection with the incident. However, the Crown Office announced the following year that no criminal proceedings would be brought. Series of upcoming tournaments Mr Trump's Aberdeenshire resort is set to host a series of tournaments in the coming weeks. The Legends Tour Staysure PGA Seniors Championship, an event featuring veterans including Colin Montgomerie, Paul Lawrie, and José María Olazábal will be staged between 31 July and 3 August. It will be followed by the DP World Tour Next Championship, which takes place between 7 August and 10 August. But the CAA restrictions will be in place for ten days before the first of the two tournaments begin. Advertisement Hide Ad Advertisement Hide Ad The Balmedie resort is also set to welcome players to its new course come 13 August. Mr Trump is expected to take part in the opening ceremony for the recently constructed links, named after his mother, when he visits. It has already been confirmed Mr Trump will meet Prime Minister Sir Keir Starmer while in Aberdeen, while plans are being put in place for the president to meet First Minister John Swinney, according to the Scottish Government. The president will return to the UK in September for his second state visit. Last week, Mr Trump told the BBC the north-east of Scotland - the oil and gas capital of Europe - should "get rid of the windmills and bring back the oil". Advertisement Hide Ad Advertisement Hide Ad The US president has long been an opponent of wind farms, objecting to a development off the coast of Aberdeen which can be seen from his golf course. There had also been speculation the King would host the American leader in Scotland after Charles suggested the meeting, at Balmoral or Dumfries House, in a letter he wrote to Mr Trump in February inviting him to make the state visit.
The Herald Scotland
an hour ago
- The Herald Scotland
Scots firms get nothing from £350m of SNP-backed ferry deals
It can be revealed that there has been no agreement with Remontowa for any Scottish input in terms of providing products or other support or supply services for the construction of seven new electric ferries for Scotland signed off by CMAL at a cost of £147.5m. The only Scottish benefit is the company agreeing to match CMAL's charitable funding of £9000 a year and that 21 Scotland-based shipbuilding apprentices would get to attend an unstipulated number of sessions for training purposes when the vessels are delivered including involvement in sea trials. When Turkey landed a second £115m contract in 2023 to build two ferries for longsuffering islanders in a bid to shore up the nation's ageing ferry fleet, the only Scottish benefit set down was that an undefined number of Scottish apprentices would get an unspecified period on attachment at the Turkish yard. The community benefit of the first £91m contract award for two ferries given to Turkey was that up to three Scottish apprentices would gain one week's work experience at the Cemre shipyard every year over the course of the three year build and a total of £30,000 to CMAL's fund to support projects across Scotland. As of the start of last year, of the 58 companies providing products or services for ferries being built in Turkey - all are from overseas or based in England. Details of the lack of Scottish input has produced a new wave of anger over how vital vessels are being procured and has come two-and-a-half years after there was a political row over steel being sourced in China for two of the ferries being built in Turkey. CMAL then confirmed that steel from China was being used because sourcing materials from war-torn Ukraine had been ruled out. CMAL is directly funded and overseen by the SNP-led [[Scottish Government]], which provides loans and capital grants for ferry contracts and infrastructure projects. It comes amidst the continuing fall out over state-owned Inverclyde shipyard firm Ferguson Marine failing to win any of the publicly funded contracts to build the 11 ferries. Calls to the [[Scottish Government]] to give an uncontested direct award of ferry contracts to its shipyard were dismissed by deputy first minister Kate Forbes who cited legal risks. Ferguson Marine was told that the Ferguson bid for seven of the ferries did well in the technical evaluation but could not match the overseas yard on price. Read more: Why did ministers back awarding of Scots ferry contracts to foreign firms? Public inquiry demand over 'scandal' of hundreds of Scots jobs lost in ferry fiasco 'Laughable': Turkey-built ferry to be delivered seven years faster than fiasco ship Cost to repair CalMac ferry now £2m more than to buy replacement 'Final nail in coffin'. Scots fiasco firm loses out on big ferry contract to Poland 'Material uncertainty' over Scots ferry operator future amidst £45m funding hike 'Mismanagement': Public cost of Scots ferry fiasco firm hits £750m amidst overspends One industry body as said that overseas yards enjoyed more state support and cheaper labour costs, often able to undercut UK yards by 10-20%. The UK's refreshed national shipbuilding strategy has called for a minimum 10% social value element in public tenders to offset that. A 10% social value evaluation element is required where appropriate for high value public contracts in other parts of the UK but is not mandatory in Scotland. But CMAL said it did not include social value - which includes the likes of employment, training or environmental benefits - in the scoring for the small vessels contract because it was worried about a possible legal challenge. That came as concerns continue over wildly delayed and massively over-budget delivery of Glen Rosa and its sister ship Glen Sannox which both due to be online within first seven months of 2018, to serve Arran. In the midst of the delays and soaring costs, Ferguson Marine, under the control of tycoon Jim McColl, fell into administration and was nationalised at the end of 2019 with state-owned ferry and port-owning agency Caledonian Maritime Assets Ltd and the yard's management blaming each other. Glen Sannox finally started taking passengers in January, while Glen Rosa's latest schedule for delivery is between April and June, next year - eight years after it was due. According to the latest Scottish Government details from last year of 58 companies said to be supporting the Scots ferries' build in Turkey, just one has any Scottish connection. Norway-based Kongsberg have an agreement in place with Cemre Marin Endustri for 50 retractable fin stabilisers for the first two vessels. They have a production facility based in Dunfermline. Chris McEleny, the ex-leader of the [[SNP]] group on [[Inverclyde]] Council who has long been fighting for direct awards of ferry contracts to [[Ferguson Marine]] as well as spin-off community benefit clauses said: "The renewal of Scotland's ferry fleet should've presented a pipeline of work that would've seen the creation of 1000 jobs, seen the Clyde re-emerge as a shipbuilding powerhouse and bring the Inchgreen dry dock back into industrial use. "It is Scotland's shame that this work, and the community benefits that should've come with it have been outsourced to abroad. For decades our ships proudly carried the badge of honour 'Clyde Built'. Now they will sail under a wind of shame that says built in Turkey or built in Poland paid for by us." He added: "CMAL is only focused on the bottom line and they couldn't care less in regard to where ferries are made from. "This is the ultimate failure of Government as it is their job to see the bigger picture to ensure that when we spend millions of pounds renewing our ferry fleet that the procurement exercise builds capacity in our community by upskilling the workforce, guaranteeing apprenticeships and ensuring that Scottish suppliers receive work." Former community safety minister Ash Regan said it was "obscene that a country with a shipbuilding heritage like Scotland's is sending hundreds of millions of pounds of contracts to Turkey and Poland". This means that instead of Scotland's vast amount of public money helping to sustain, build and secure more jobs and better resilience within our own manufacturing sector the Scottish taxpayer is instead subsidising jobs overseas instead of creating them in Scotland. The Alba Edinburgh Eastern MSP added: 'This is not how to show the ambition of a country driving towards independent statehood - this is settling for the devolved disempowerment of managed decline within a failing UK. 'It seems that time and time again community benefits - which are a legal requirement - in our procurement either receive lip service or the only communities that benefit from public sector procurement are those not in Scotland.' Ministers and CMAL have previously been condemned for the lack of community benefits which are defined in the ground-breaking Procurement Reform (Scotland) Act 2014 as a "contractual requirement" relating to training and recruitment and the availability of sub-contracting opportunities. The Scottish Government in its commentary on the Act said: "Community benefits have contributed to a range of national and local outcomes relating to employability, skills and tackling inequalities by focusing on under-represented groups. The Act aims to achieve the maximum use of these requirements in public procurement." The ground-breaking Procurement Reform (Scotland) Act 2014 when it was brought in was seen by many as a welcome move away from contracts awarded only on the basis of the lowest price towards those which offer the best long-term outcomes for Scotland's communities and the environment. Public contracts valued at £4m or above have specific requirements in relation to community benefits in the authority area that a contract is issued. These should include training and recruitment, the availability of sub-contracting and supplier opportunities, and that it is intended to improve the economic, social or environmental well-being of the area. If no community benefits are sought in a contract, a statement must be published justifying the decision. CMAL has previously denied that there is a breach of procurement laws saying there was no legal requirement to consider community benefits. They have said that the Public Contracts (Scotland) Regulations requires contractors to treat economic operators "equally and without discrimination, and restricts CMAL from artificially narrowing competition by unduly favouring or disadvantaging any particular economic operator". They have said that to narrow the supply base to a particular location like Scotland could be construed as "favouring manufacturers, particularly as there is a limited supply base in Scotland, leading to potential challenge". In the initial two ferries contract award to Turkey, CMAL had invited four overseas companies to bid to build the two vessels bound for Islay - and excluded Ferguson Marine. Scottish Government-controlled Ferguson Marine, failed to get past the first Pre Qualification Questionnaire hurdle in the Islay ferries contract. CMAL said of the agreement with Norway-based Kongsberg that eight retractable fin stabilisers have so far been purchased and sourced in Scotland. A spokesperson said: "CMAL follows robust procurement process and complies with all applicable Scottish procurement law. The Procurement Reform (Scotland) Act 2014 does not legally require community benefits to be included in contracts. "However, at the SPDS [Single Procurement Document Scotland] stage of the procurement process for the small vessel replacement programme, we highlighted our commitment to community benefits, and advised yards there would be an option to include them in tender responses. None of the bidders included details of community benefits. "During contract discussions with Remontowa shipyard, two community benefits were agreed and included before signing. 'While Scottish public authorities can include social value considerations in procurements, they are not permitted to set requirements which would unlawfully discriminate against foreign shipyards and must at all times treat all bidders equally.'
Scotsman
an hour ago
- Scotsman
As Donald Trump seeks refuge from 'Epstein Files' furore, Scotland's politicians must take care
Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... According to The Devil's Dictionary by Ambrose Bierce, the word diplomacy means 'the patriotic art of lying for one's country'. Although written in the late 1800s and early 1900s, the satirical sting of his book can still be felt today. While Donald Trump's trip to Scotland at the end of this week may be a private affair, a prelude to his UK state visit, its potential political importance should not be underestimated. There is a chance to at least lay the groundwork for a diplomatic coup with real, tangible benefits for Scotland and the UK. Advertisement Hide Ad Advertisement Hide Ad However, there is also a chance for things to go badly wrong, to annoy, embarrass or offend a childish and deeply flawed man, who also happens to be, whether we like it or not, the most powerful person on planet Earth. Elon Musk's claim that Donald Trump is mentioned in the Epstein Files has sparked a controversy that the US President is struggling to deal with (Picture: Roberto Schmidt) | AFP via Getty Images 'Epstein hoax'? These are troubled times for the US President. After a public falling out, one-time ally Elon Musk claimed Trump's name was in the 'Epstein files', referring to Jeffrey Epstein, a wealthy financier who killed himself in jail on remand after being arrested on charges of sex-trafficking children. The affair has begun to spiral with many of Trump's own 'Maga' supporters demanding the release of the files, supposedly including Epstein's 'client' list, and Musk now alleging there has been a 'cover-up' and that 'so many powerful people want that list suppressed'. Advertisement Hide Ad Advertisement Hide Ad Trump, who's been struggling to persuade people there's nothing to see in the 'Epstein hoax', will probably welcome the chance to escape to Scotland, play some golf, and talk about almost anything else. He may be desperate for the trip to go well and for as many political 'wins' as he can find, but also more volatile if things seem to be going badly.
