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ACLU sues Trump over birthright order as Supreme Court clears path for it to take effect
ACLU sues Trump over birthright order as Supreme Court clears path for it to take effect

Fox News

time5 hours ago

  • Politics
  • Fox News

ACLU sues Trump over birthright order as Supreme Court clears path for it to take effect

Hours after the Supreme Court delivered the Trump administration a major victory Friday by ruling lower courts may issue nationwide injunctions only in limited instances, a coalition of liberal legal groups filed a sweeping new class-action lawsuit in New Hampshire federal court. It takes aim at President Donald Trump's January executive order that redefines who qualifies for U.S. citizenship at birth. While the justices' 6-3 ruling leaves open the question of how the ruling will apply to the birthright citizenship order at the heart of the case, Friday's lawsuit accuses the administration of violating the Constitution by denying citizenship to children born on U.S. soil if their mothers are either unlawfully present or temporarily in the country and their fathers are not U.S. citizens or lawful permanent residents. The case was brought by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, Asian Law Caucus and Democracy Defenders Fund. It seeks to represent a proposed class of children born under the terms of the executive order and their parents. It is not the first legal challenge to the policy. The same group filed a separate suit in January 2025 in the same court on behalf of advocacy organizations with members expecting children who would be denied citizenship under the order. That case led to a ruling protecting members of those groups and is now pending before the 1st Circuit Court of Appeals, with oral arguments scheduled for Aug. 1. Friday's SCOTUS ruling states that lower courts can no longer block federal policies nationwide unless it's absolutely necessary to give full relief to the people suing. The decision does not say whether Trump's birthright citizenship order is legal, but it means the order could take effect in parts of the country while legal challenges continue. The court gave lower courts 30 days to review their existing rulings. "The applications do not raise — and thus we do not address — the question whether the Executive Order violates the Citizenship Clause or Nationality Act," Justice Amy Coney Barrett said, writing for the majority. "The issue before us is one of remedy: whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue universal injunctions." "A universal injunction can be justified only as an exercise of equitable authority, yet Congress has granted federal courts no such power," she added. Justice Sonia Sotomayor, in her dissent, suggested plaintiffs could pursue class actions as an alternative. "Nevertheless, the parents of children covered by the Citizenship Order would be well advised to file promptly class action suits and to request temporary injunctive relief for the putative class pending class certification," Sotomayor wrote. "For suits challenging policies as blatantly unlawful and harmful as the Citizenship Order, moreover, lower courts would be wise to act swiftly on such requests for relief and to adjudicate the cases as quickly as they can so as to enable this Court's prompt review." The ACLU lawsuit calls birthright citizenship "America's most fundamental promise" and claims the executive order threatens to create "a permanent, multigenerational subclass" of children denied legal recognition. "The Supreme Court's decision did not remotely suggest otherwise, and we are fighting to make sure President Trump cannot trample on the citizenship rights of a single child," said Cody Wofsy, deputy director of the ACLU's Immigrants' Rights Project and lead attorney in the case. "This executive order directly opposes our Constitution, values, and history," added Devon Chaffee, executive director of the ACLU of New Hampshire. "No politician can ever decide who among those born in our country is worthy of citizenship." The lawsuit cites the 14th Amendment, which provides that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens." It also references the Supreme Court's 1898 decision in United States v. Wong Kim Ark, which affirmed birthright citizenship for U.S.-born children of noncitizens. The plaintiffs include individuals from Honduras, Taiwan and Brazil. One mother in New Hampshire is expecting her fourth child and fears the baby will be denied citizenship despite being born in the U.S. The case is Barbara et al. v. Trump et al., No. 1:25-cv-244, filed in the U.S. District Court for the District of New Hampshire. "Trump's executive order directly opposes our Constitution, values, and history and it would create a permanent, multigenerational subclass of people born in the U.S. but who are denied full rights," said SangYeob Kim of the ACLU of New Hampshire in January. "Today's historic decision delivers a decisive rejection of the weaponized lawfare President Trump has endured from leftist activist judges who attempted to deny the president his constitutional authority," White House spokesperson Liz Huston wrote to Fox News Digital. "President Trump will continue to implement his America First agenda, and the Trump Administration looks forward to litigating the merits of the birthright citizenship issue to ensure we secure our borders and Make America Safe Again."

Idaho doctor, patients sue over new law halting public benefits to immigrants in US unlawfully

time8 hours ago

  • Health

Idaho doctor, patients sue over new law halting public benefits to immigrants in US unlawfully

BOISE, Idaho -- An Idaho doctor and four residents are challenging a new state law that halts some of the few public benefits available to people living in the U.S. unlawfully, including a program that provides access to life-saving HIV and AIDS medication for low income patients. The ACLU of Idaho filed the federal lawsuit Thursday night on behalf of Dr. Abby Davids and four people with HIV who are not named because they are immigrants without lawful permanent residency. The complaint says the new law is vague, contradicts federal law and makes it impossible for health care providers to determine exactly what kind of immigration status is excluded and how to verify that status for patients. They want a judge to grant them class-action status, expanding any ruling to other impacted people. Dozens of patients treated by one Boise-area clinic stand to lose access to HIV and AIDS medication under the law, according to the complaint, including several cared for by Davids. 'Withdrawing HIV treatment from her patients will not only have devastating consequences on their health, it raises the public health risk of increased HIV transmission,' the ACLU wrote in the lawsuit. 'When her patients are undetectable, they cannot transmit the virus. Without HIV treatment, however, they cannot maintain an undetectable viral level and therefore are able to transmit the virus to others.' The new Idaho law takes effect July 1, and appears to be the first limiting public health benefits since President Donald Trump ordered federal agencies to enhance eligibility verification and ensure that public benefits aren't going to ineligible immigrants. The law requires people to verify that they are legal U.S. residents to receive public benefits like communicable disease testing, vaccinations, prenatal and postnatal care for women, crisis counseling, some food assistance for children and even access to food banks or soup kitchens that rely on public funding. Federal law generally prohibits immigrants in the U.S. illegally from receiving taxpayer-funded benefits like Medicare, Medicaid, Temporary Assistance for Needy Families and Social Security. But there are some exceptions for things like emergency medical care and other emergency or public health services. Idaho's law still allows for emergency medical services. But in a June 18 letter to health care providers, Idaho Division of Public Health administrator Elke Shaw-Tulloch said HIV is a long-term condition and not an emergency — so people must verify their lawful presence in order to get benefits through the federal Ryan White HIV/AIDS Program. The HIV patients challenging the new law include a married couple from Columbia with pending asylum applications, a man who was brought to the U.S. when he was just 4 years old and has Deferred Action for Childhood Arrivals status until next year, and a man from Mexico who has been living and working in Idaho since 2020. One of the patients said she and her husband were diagnosed with HIV in 2019 and immediately started antiretroviral therapy, receiving the medications at no cost through the Ryan White HIV/AIDS Program. The medication has lowered the viral load in her body enough that it is now undetectable, she wrote in a court filing, ensuring that she won't transmit the virus to others. 'My medication protected my daughter while I was pregnant because it prevented me from transmitting HIV to her during pregnancy,' she wrote. The treatment allows her to be with her child, watching her grow, she said. Davids has been trying for weeks to get clarity from the Idaho Department of Health and Welfare about exactly what kind of verification her patients will have to show, and exactly which kinds of immigration status are considered 'lawful.' But the state has yet to provide clear direction, according to the complaint. 'I am really scared about what this means for many of our patients. Their lives will now be in jeopardy,' Davids wrote in a May 30 email to the Department of Health and Welfare.

PRIDE Abroad: Global Destinations Embracing LGBTQ+ Travelers
PRIDE Abroad: Global Destinations Embracing LGBTQ+ Travelers

Forbes

time9 hours ago

  • Entertainment
  • Forbes

PRIDE Abroad: Global Destinations Embracing LGBTQ+ Travelers

TOPSHOT - Aerial view of the 28th Gay Pride Parade in Sao Paulo, Brazil, taken on June 2, 2024. ... More (Photo by Miguel SCHINCARIOL / AFP) (Photo by MIGUEL SCHINCARIOL/AFP via Getty Images) The first PRIDE celebrations were held in June 1970, marking the first anniversary of the Stonewall uprising. Over time, the protests and marches for resistance and acceptance evolved into massive lively festivals that represented progress while continuing to strive for equality. Today, across America, the month of June is filled with members of the LGBTQ+ community and their allies celebrating equal love and acceptance. However, under the current political climate and social hostilities, the light around PRIDE celebrations in certain areas has been dimmed. Government regulations have impacted funding for affiliated organizations, affecting the scale and resources of celebrations and heightening safety concerns surrounding large gatherings. Since January 2025, the American Civil Liberties Union (ACLU) has tracked nearly 600 anti-LGBTQ state legislative bills across the United States targeting transgender youth, restricting access to affirming services and limiting public expression of LGBTQ+ identities. As stateside PRIDE events face growing uncertainty, many in the community are looking beyond domestic borders. Safety concerns, especially for transgender individuals and other marginalized identities have made some feel less comfortable participating in home based events. In response, international PRIDE celebrations have become more than just travel opportunities, they're affirming escapes. LGBTQ+ travelers account for over $218 billion in global travel spending, with 80% choosing destinations that are openly inclusive, supportive of queer rights and LGBTQ+-led businesses . According to an Expedia survey of 1,000 queer travelers, 54% plan to attend a PRIDE event this year. Seventy-six percent plan to travel outside of their hometown for the occasion, with 43% attending with friends and 10% going solo or bringing a parent. PRIDE is currently celebrated in at least 101 countries, with Google Trends reporting Puerto Rico, Canada, Mexico, the United Kingdom, Spain and France as some of the top ten destinations where individuals searched for PRIDE celebrations. PRIDE celebrations in other countries are increasingly sought after for the opportunity to have unique experiences in welcoming spaces. Here are a few standout locations and destinations that provide a sense of solidarity that transcends VICTORIA STATE, AUSTRALIA - 2025/02/09: A participant wears a special costume adding to ... More the colorful atmosphere of the festival. Victoria's Pride marks the grand finale of Midsumma Festival 2025, drawing thousands to Gertrude and Smith Streets for a day of music, dance and celebration. Supported by the Victorian Government, this event honors LGBTQIA+ communities and their ongoing fight for equality. The festival's roots trace back to the 40th anniversary of decriminalizing homosexuality in Victoria reflecting a legacy of resilience and progress. (Photo by Ye Myo Khant/SOPA Images/LightRocket via Getty Images) Victoria, Australia's lineup of PRIDE activations celebrates LGBTQIA+ communities across both metropolitan and regional areas. Top events include the GALA and People's Choice Awards in Fitzroy North, a semi-formal evening hosted by Euphoria Social that honors queer achievements and supports mental health initiatives and the Gippsland Pride Gala at Lardner Park. Melbourne plays host to Southern HiBearnation, a week-long VicBears festival featuring dance parties, BBQs and the Mr. Australasia Bear competition along with the RISING Festival, which amplifies diverse artistic voices. Pride Cup events blend sports and inclusion statewide and state-supported regional pop-ups bring celebrations to towns like Daylesford and Ballarat. Looking ahead, Victoria's largest LGBTQIA+ cultural celebration, the Midsumma Festival, returns January 18–February 8, 2026, with more than 200 events spanning queer arts, music and family-friendly Pride attracts people from across Playa del Carmen, Cancun, and even Tulum. Known for its stunning beaches and welcoming atmosphere, Tulum, Mexico is steadily becoming a popular destination for LGBTQ+ travelers and allies. Its PRIDE scene has been growing with standout events like Playa Pride and the debut of Kismet Pride—its first-ever Black LGBTQIA+ Pride experience. Playa Pride draws revelers from Tulum, Playa del Carmen and Cancún for beachside parties, a vibrant parade and regional solidarity. Meanwhile, Kismet Pride organized by Nubia Younge's Black in Tulum offers a luxury sapphic-focused weekend at Secrets Tulum Resort and Beach Club featuring wellness sessions, rooftop foam parties, beach club events and curated mixers that elevate and celebrate Black LGBTQIA+ identity. Several restaurants, bars and resorts in the area have summer-long activations and deals celebrating PRIDE that reflect Tulum's evolving - A masked participant cheers during the Prague Pride parade in Prague on August 12, 2023. ... More (Photo by Michal Cizek / AFP) (Photo by MICHAL CIZEK/AFP via Getty Images) Now in its 15th year, Prague Pride stands out as one of Central Europe's most inclusive and defiant Pride celebrations. Prague's Pride is both a joyful festival and a powerful act of resistance. The 2025 theme, "Where Is My Home?"—a poignant line from the Czech national anthem—touches on questions of identity, belonging and safety for queer people in today's hostile political climate. With over 200 events across the city, Prague Pride offers a diverse range of activities including open-air concerts, art exhibitions, debates, community forums and nightlife. The highlight is the annual parade through the UNESCO-listed historic center. The festival also features a Pride Village on the Vltava River, the Pride Café in Kinský Garden for English-speaking visitors and an international football tournament promoting inclusivity through PERU - 2016/07/02: Thousands of members of the LGBT community marched through the streets of ... More Lima downtown under the slogan "we are neighbors, we are not criminals". (Photo by Fotoholica Press/LightRocket via Getty Images) Lima's PRIDE celebration, known as Marcha del Orgullo Lima, is an annual parade that draws over 50,000 participants marching from Campo de Marte through the historic center to Plaza San Martín in support of LGBTQ+ rights. Beyond the parade's festive atmosphere, the march also serves as a political demonstration advocating for equality, transgender rights and social justice. Lima has grown increasingly accepting of its queer community, with expanding visibility reflecting comprehensive progress. The march now benefits from coordination with city authorities and the presence of civil organizations, embassies and inclusive spaces across ICELAND - AUGUST 17: University of Iceland students take part in the Reykjavík Pride ... More parade on August 17, 2019 in Reykjavik, Iceland. The festival, organized by Reykjavík Pride, is celebrating its 20th anniversary this year and will take place from August 8th to the 17th. (Photo by) Reykjavík Pride is one of Iceland's most joyful celebrations, lighting up the capital every August and September with a colorful parade, concerts and community events that draw nearly 100,000 locals and visitors alike. Reykjavík remains welcoming to LGBTQ+ travelers year-round thanks to its progressive values, vibrant queer community and strong legal protections. Consistently ranking high on the Legatum Prosperity Index and the Spartacus Gay Travel Index, Iceland stands out as a global leader in LGBTQ+ travel. Locals praise Kiki Queer Bar as the heart of the city's LGBT+ scene, providing a space for endless dancing and socializing. Pink Iceland, a local travel agency that specializes in destination weddings for LGBT+ couples, has compiled a list of queer-owned businesses in Reykjavík worth Pride Walk 2018 The lively capital of Curaçao, Willemstad, shines as a beacon of LGBTQ+ inclusivity in a region where PRIDE and affirming celebrations remain rare. Every year from late September to early October, Curaçao Pride transforms the UNESCO-listed streets of Punda and Otrobanda into a colorful parade and a week-long series of events that draw international visitors and approximately 3,000 parade-goers. The island's LGBTQ+ community benefits from progressive protections such as the legalization and protection of same-sex marriage since July 2024. The island also boasts several queer-friendly businesses and accommodations that hold events and activities welcoming LGBTQ+ patrons. The Curaçao Marriott Beach Resort, situated on Piscadera Bay, is renowned for its inclusive hospitality. The resort offers tailored Pride programming including artistic and wellness classes that focus on providing a safe space and peace of mind for LGBTQ+ guests and from Queerest Kowloon City, located in the eastern half of the Kowloon Peninsula, is one of Hong Kong's most diverse districts. The urban metropolis is the perfect backdrop for Hong Kong's colorful and captivating Pride scene, offering a striking contrast to the more conservative currents of the rest of the city. Beginning in June and continuing into July, Eaton HK on Nathan Road serves as the epicenter of Kowloon's PRIDE celebrations with its annual Pride at Eaton festival—this year themed "Reorient to the Future"—a robust interweaving of queer arts, disability pride and refugee solidarity that defies social norms. This year's activations include drag concerts, pop-up markets, several art exhibitions, theatre performances centered on queer artists and a reprise of their popular "Love is Love" package in partnership with Benefit Cosmetics, gifting beauty and relaxation products to all queer couples staying at the Eaton HK property.

Migrant deaths in ICE custody spark concerns
Migrant deaths in ICE custody spark concerns

The Hill

time10 hours ago

  • Health
  • The Hill

Migrant deaths in ICE custody spark concerns

(NewsNation) — A Canadian citizen held in a U.S. Immigration and Customs Enforcement detention center in Miami became the 11th person to die in an ICE facility since October after he was found unresponsive this week. The agency said Thursday that Johnny Noviello, 49, died in the ICE facility and that his cause of death remains under investigation. The death sparked an inquiry from Canadian government officials, who are 'urgently seeking' more information from U.S. officials about the death. Anita Anand, the Canadian minister of foreign affairs, wrote in a social media post that out of respect for the family's privacy, more details would not be provided about the inquiry. ICE officials say that any death that occurs in a detention facility is a 'significant cause for concern' and that the agency prioritizes the health, safety and well-being of all migrants in ICE custody. Eight people have died in ICE detention centers this year alone — including four in Florida — according to federal data. Noviello became a legal permanent resident in the U.S. in 1991 but was convicted in 2023 of racketeering and drug trafficking in Florida, ICE officials said this week. He was sentenced to spend a year in prison before he was arrested in May by ICE at the Florida Department of Corrections Probation office. He was given a notice to appear and was charged with being deported for violating state law. The number of people who have died in ICE facilities in recent years has grown since 2021, according to data posted on the ICE website. A total of 12 people died in ICE custody in fiscal year 2024, after just four deaths were reported in ICE facilities in fiscal year 2023 and only three in fiscal year 2022. In Noviello's case, ICE officials said that medical staff responded immediately when the Canadian man was found nonresponsive and began CPR and automated external defibrillator shock and called 911. The agency said that comprehensive medical care is provided to detainees from the moment they arrive and throughout the entirety of their stay. In 2024, an American Civil Liberties Union report indicated that 95% of deaths that took place in ICE facilities between 2017 and 2021 could have been prevented or possibly prevented. The investigation, which was conducted by the ACLU, American Oversight and Physicians for Human Rights, analyzed the deaths of the 52 people who died in ICE custody during that time frame. 'ICE has failed to provide adequate — even basic — medical and mental health care and ensure that people in detention are treated with dignity,' Eunice Cho, a senior staff attorney at the ACLU's National Prison Project and report co-author, said last year. 'Abuses in ICE detention should no longer go ignored. It's time to hold ICE accountable and end this failed, dangerous mass detention machine once and for all.' The report alleged that ICE had 'persistent failings in medical and mental care' that caused preventable deaths, including suicides. It also said that the federal agency failed to provide adequate medical care, medication and staffing. Of the 52 deaths that the study analyzed, 88% involved cases in which the organizations found that incomplete, inappropriate and delayed treatments or medications contributed directly to the deaths of migrants being held in ICE custody. In its official response to Noviello's death, ICE officials said that all people in the agency's custody receive medical, dental and mental health screening within 12 hours of entering detention facilities as well as a full health assessment within two weeks. Migrants being housed at the facilities also have access to medical appointments and 24-hour emergency care. 'At no time during detention is a detained illegal alien denied emergent care,' ICE said in a statement. In 2023, the Department of Homeland Security's Office of Inspector General report indicated that at least 1 in every 5 deaths at ICE and Customs and Border Protection facilities during fiscal year 2021 occurred because they were not given timely or adequate care by detention center medical personnel. However, the report also indicated that there are no underlying systemic factors, policies or processes that led to the deaths. Despite the DHS Office of Inspector General's indication that shows no systemic factors that are contributing to migrant deaths, physicians and advocates for immigrant rights continue to take issue with the level of care those in ICE detention are receiving. 'Having reviewed the publicly available death reports for many of the deaths this year, I am worried that there were many missed opportunities for these people to have reached definitive medical care in area hospitals that may have prevented their deaths,' Dr. Katherine Peeler, medical adviser for Physicians for Human Rights, told NewsNation on Friday. 'As ICE continues increasing its rate of apprehensions and detaining more people in already overcrowded facilities, the quality of care, routine and emergent, is likely only to degrade further.'

Supreme Court birthright citizenship ruling sparks new round of legal fights
Supreme Court birthright citizenship ruling sparks new round of legal fights

NBC News

time10 hours ago

  • Politics
  • NBC News

Supreme Court birthright citizenship ruling sparks new round of legal fights

WASHINGTON — Almost as soon as the Supreme Court released its ruling limiting the ability of judges to block President Donald Trump's plan to end birthright citizenship, challengers brought new legal claims seeking the same result by a different means. While the Supreme Court on Friday said judges cannot issue sweeping "universal injunctions" that can apply nationwide in many cases, it left open the option of plaintiffs seeking broad relief via class action lawsuits. The American Civil Liberties Union filed such a lawsuit in New Hampshire on behalf of immigrants whose children may not obtain U.S. citizenship at birth if Trump's order was to go into effect. In a separate case in Maryland, in which groups had previously obtained a nationwide injunction, lawyers filed an amended complaint seeking similar class-wide relief for anyone effected by Trump's plan within hours of the ruling authored by Justice Amy Coney Barrett. 'Every court to have looked at this cruel order agrees that it is unconstitutional,' said ACLU lawyer Cody Wofsy. 'The Supreme Court's decision did not remotely suggest otherwise." Under Trump's plan, birthright citizenship would be limited to those who have at least one parent who is a U.S. citizen or permanent resident. That is at odds with the widely accepted understanding of the Constitution's 14th Amendment — that it grants citizenship to anyone born in the U.S., with a few minor exceptions. William Powell, a lawyer involved in the Maryland case, told reporters the amended complaint would seek to "certify a nationwide class of all people who are affected by the executive order." That would include babies already born and babies to be born in the future, as well as their parents, he said. Justice Brett Kavanaugh, in a concurring opinion on Friday appeared to endorse the idea of class action lawsuits, saying that plaintiffs can "sometimes seek to proceed by class action ... and ask a court to award preliminary class-wide relief that may, for example, be statewide, region-wide, or even nationwide." The Supreme Court limited the scope of the injunction in the Maryland case, as well as two other nationwide injunctions imposed by judges in Washington state and Massachusetts in cases brought by states. States cannot bring class action lawsuits, but Barrett wrote in her opinion that they may still be able to seek broad relief in their cases. That leaves open the possibility of injunctions covering anyone who lives within a state and potentially even children who were born elsewhere but move to a covered state. Samuel Bray, a critic of nationwide injunctions at Notre Dame Law School whose work was cited in the ruling, said both the states and individual plaintiffs can still get broad injunctions against the birthright citizenship executive order, potentially even on a nationwide basis. "I don't expect the executive order will ever go into effect," he added. It remains unclear how the Justice Department will respond to new claims. But at a press conference on Friday, Trump made it clear the administration would proactively use the Supreme Court ruling not just to bolster its birthright citizenship proposal but also to push forward on other policies that have been blocked by judges on a nationwide basis. "Thanks to this decision, we can now promptly file to proceed with numerous policies that have been wrongly enjoined on a nationwide basis," the president said.

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