The Supreme Court is hearing arguments Thursday in its first case stemming from the blitz of actions that have marked the start of President Donald Trump’s second term.
Before the court are the Trump administration’s emergency appeals of lower court orders putting nationwide holds on the Republican president’s push to deny citizenship to children born to people who are in the United States illegally.
Birthright citizenship is among several issues, many related to immigration, that the administration has asked the court to address on an emergency basis, after lower courts acted to slow the president’s agenda.
The justices are also considering the administration’s pleas to end humanitarian parole for more than 500,000 people from Cuba, Haiti, Nicaragua and Venezuela and to strip other temporary legal protections from another 350,000 Venezuelans. The administration remains locked in legal battles over its efforts to swiftly deport people accused of being gang members to a prison in El Salvador under an 18th century wartime law called the Alien Enemies Act.
In Thursday’s arguments, the justices will be weighing whether judges have the authority to issue what are called nationwide, or universal, injunctions. The Trump administration, like the Biden administration before it, has complained that judges are overreaching by issuing orders that apply to everyone instead of just the parties before the court.
Yet in discussing the limits of a judge’s power, the court almost certainly will have to take up the change to citizenship that Trump wants to make, which would upset the settled understanding of birthright citizenship that has existed for more than 125 years.
The first sentence of the 14th Amendment to the Constitution reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The Citizenship Clause, ratified in 1868 after the Civil War, was included to ensure that formerly enslaved people would be citizens. It effectively overturned the notorious Dred Scott decision, in which the Supreme Court held that Black people, no matter their status, were not citizens.
Since at least 1898 and the Supreme Court case of Wong Kim Ark, the provision has been widely interpreted to make citizens of everyone born on U.S. soil except for the children of diplomats, who have allegiance to another government; enemies present in the U.S. during hostile occupation; and, until a federal law changed things in 1924, sovereign Native American tribes.
Trump’s executive order would deny citizenship to children if neither parent is a citizen or lawful permanent resident. Those categories include people who are in the country illegally or temporarily because, the administration contends, they are not “subject to the jurisdiction” of the United States.
Almost immediately, states, immigrants and rights groups sued to block the executive order, accusing the Republican administration of trying to unsettle the understanding of birthright citizenship. Every court to consider the issue has sided with the challengers.
The administration is asking for the court orders to be reined in, not overturned entirely, and spends little time defending the executive order. The Justice Department argues that there has been an “explosion” in the number of nationwide injunctions issued since Trump retook the White House. The far-reaching court orders violate the law as well as long-standing views on a judge’s authority, Solicitor General D. John Sauer wrote on behalf of the administration.
Courts typically deal only with the parties before them. Even class actions reach only the people who are part of a class certified by a judge, though those can affect millions of people, Sauer wrote.
Nationwide injunctions, by contrast, have no limits and can even include parties who oppose what the court orders are designed to protect, he wrote. As an example, Sauer pointed to Republican-led states that favor the administration’s position but are subject to the nationwide injunctions.
But the justices may well ask about Trump’s executive order and perhaps even tip their hand.
Lawyers for the states and immigrants argue that this is an odd issue for the court to use to limit judges’ authority because courts have uniformly found that Trump’s order likely violates the Constitution. Limiting the number of people who are protected by the rulings would create a confusing patchwork of rules in which new restrictions on citizenship could temporarily take effect in 27 states. That means a child born in a state that is challenging Trump’s order would be a citizen, but a child born at the same time elsewhere would not, the lawyers said.
China’s leader Xi Jinping said no one wins in a trade war as he kicked off a diplomatic tour of Southeast Asia on Monday, presenting China as a force for stability in contrast with U.S. President Donald Trump’s latest moves on tariffs,
Although Trump has paused some tariffs, he has kept in place 145% duties on China, the world’s second-largest economy.
“There are no winners in a trade war, or a tariff war,” Xi wrote in an editorial jointly published in Vietnamese and Chinese official media. “Our two countries should resolutely safeguard the multilateral trading system, stable global industrial and supply chains, and open and cooperative international environment.”
Xi’s visit lets China show Southeast Asia it is a “responsible superpower in the way that contrasts with the way the U.S. under President Donald Trump presents to the whole world,” said Nguyen Khac Giang, a visiting fellow at Singapore’s ISEAS–Yusof Ishak Institute.
While Trump has said he respects Xi, he interpreted the meeting between the two Asian leaders as a sign they were attempting to put the U.S. at a disadvantage on trade.
Talking to reporters in the Oval Office, Trump said China and Vietnam were trying “to figure out how do we screw the United States of America.”
Xi was greeted on the tarmac by Vietnam’s President Luong Cuong at the start of his two-day visit, a mark of honor not often given to visitors, said Nguyen Thanh Trung, a professor of Vietnamese studies at Fulbright University Vietnam. Students of a drum art group performed as women waved the red and yellow Chinese and Communist Party flags.
While Xi’s trip likely was planned earlier, it has become significant because of the tariff fight between China and the U.S. The visit offers a path for Beijing to shore up its alliances and find solutions for the high trade barrier that the U.S. has imposed on Chinese exports.
In Hanoi, Xi met with Vietnam’s Communist Party General Secretary To Lam, his counterpart. “In the face of turmoil and disruption in the current global context, China and Vietnam’s commitment to peaceful development, and deepening of friendship and cooperation and has brought the world valuable stability and certainty,” he said.
He also met with Vietnam’s Prime Minister Pham Minh Chinh. The two sides signed a series of memorandums in areas including strengthening cooperation in supply chains, railroad development and environmental protection, according to Associated Press footage of the signed documents.
Nhan Dan, the official mouthpiece of Vietnam’s Communist Party, said that China and Vietnam will speed up a $8 billion railway project connecting the two countries in a deal that was approved in February.
President Donald Trump signed on Saturday an executive order designating English as the official language of the United States.
The order allows government agencies and organizations that receive federal funding to choose whether to continue to offer documents and services in language other than English.
It rescinds a mandate from former President Bill Clinton that required the government and organizations that received federal funding to provide language assistance to non-English speakers.
“Establishing English as the official language will not only streamline communication but also reinforce shared national values, and create a more cohesive and efficient society,” according to the order.
“In welcoming new Americans, a policy of encouraging the learning and adoption of our national language will make the United States a shared home and empower new citizens to achieve the American dream,” the order also states. “Speaking English not only opens doors economically, but it helps newcomers engage in their communities, participate in national traditions, and give back to our society.”
More than 30 states have already passed laws designating English as their official language, according to U.S. English, a group that advocates for making English the official language in the United States.
For decades, lawmakers in Congress have introduced legislation to designate English as the official language of the U.S., but those efforts have not succeeded.
Within hours of Trump’s inauguration last month, the new administration took down the Spanish language version of the official White House website.
Hispanic advocacy groups and others expressed confusion and frustration at the change. The White House said at the time it was committed to bringing the Spanish language version of the website back online. As of Saturday, it was still not restored.
The White House did not immediately respond to a message about whether that would happen.
Trump shut down the Spanish version of the website during his first term. It was restored when President Joe Biden was inaugurated in 2021.
In a federal courtroom Monday afternoon, a significant legal battle unfolded as The Associated Press (AP) pressed its case against three staff members of President Donald Trump's administration. The news agency is seeking to reverse the Trump administration’s decision to bar AP journalists from attending presidential events, including access to the Oval Office, Air Force One, and other areas traditionally part of the White House press pool.
The crux of the dispute lies in the AP's refusal to adopt President Trump's renaming of the Gulf of Mexico to the "Gulf of America." The AP insists on using the traditional "Gulf of Mexico" terminology, explaining that its audience is global and that the body of water extends beyond U.S. territory. Nonetheless, the news agency has acknowledged Trump's renaming, emphasizing its stance as a matter of journalistic integrity and global relevance.
At the heart of the AP’s argument is a violation of the First Amendment of the U.S. Constitution, which safeguards freedom of speech. The White House, on the other hand, contends that access to the president is a privilege, not a right. Trump himself told reporters just last week, "We're going to keep them out until such time as they agree that it's the Gulf of America."
AP’s legal team claims that the ban, which appears to have originated directly from President Trump, is an infringement on their First Amendment rights. Gabe Rottman, a senior attorney for the Reporters Committee for Freedom of the Press, who submitted a friend-of-the-court brief in support of the AP, described the situation as "viewpoint discrimination." He further emphasized that this type of discrimination is particularly prohibited under the First Amendment, calling it “poison to a free society."
Judge McFadden, who presided over the hearing, expressed significant concern, raising several questions that pointed to the fact that the ban could indeed be seen as an infringement on freedom of speech, making the case a landmark one for press freedom.
Small businesses are still not required to register with an agency called the Financial Crimes Enforcement Network, or FinCEN — for now.
The registration is part of the Corporate Transparency Act, an anti-money laundering statue passed in 2021. Under the CTA, the owners and part-owners of an estimated 32.6 million small businesses must register personal information with FinCEN, such as a photo ID and home address.
The aim of the law is to cut down on shell corporations and money laundering. But small business advocates say the reporting requirements are too onerous.
The rule has long been in legal limbo. On Thursday, the Supreme Court lifted an injunction related to a case over the act. However, the FinCEN agency clarified on Friday that due to a separate court case with another injunction, registration is still voluntary.
“In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force,” the agency posted on its website Friday.
It added that companies can still voluntarily submit beneficial ownership information reports.
Even if the registration does go into effect, it is unclear whether the Trump administration will devote much effort to enforcing the registration requirement, which has been opposed by Republican-led states and lawmakers, as well as conservative and business interest groups.