Wednesday, January 29, 2025

Full Preliminary Injunction Motion -- In Western Washington's Federal District Courts... Now On File! Trump Is... Utterly DOA, On Birthright Citizenship.


As promised, here it is -- the motion for next week, February 6 -- on birthright citizenship. This is the muscular banger that will bury Tangerine 2.0's lawless -- and petty -- fever dreams.

Here it is -- and a bit:

. . .[We] ask the Court to enjoin implementation of a flagrantly unconstitutional executive order that purports to reinterpret the Fourteenth Amendment’s Citizenship Clause and strip persons born in the United States of citizenship by “mere executive fiat.” Sterling v. Constantin, 287 U.S. 378, 400 (1932). Plaintiffs Delmy Franco, Cherly Norales, and Alicia Chavarria are expectant mothers whose anticipated due date is on or after February 19, 2025. Because neither they nor the fathers of their children are lawful permanent residents (LPRs) or citizens of the United States, their children, once born -- and despite being born in the United States -- will not be recognized as U.S. citizens by operation of an executive order that President Trump signed shortly after his inauguration on January 20, 2025. . . .

Plaintiffs and putative class members face irreparable harm if the Court does not enjoin this EO. The order’s directive to strip persons of birthright citizenship amounts to “the total destruction of the individual’s status in organized society” and constitutes “a form of punishment more primitive than torture.” Trop v. Dulles, 356 U.S. 86, 101 (1958). As the Supreme Court has recognized time and again, “[c]itizenship is a most precious right,” Kennedy v. MendozaMartinez, 372 U.S. 144, 159 (1963), whose “value and importance” is “difficult to exaggerate,” Schneiderman v. United States, 320 U.S. 118, 122 (1943). Without the protection of citizenship, the babies that will be born to Plaintiffs -- and others similarly targeted by the EO -- will lack any legal immigration status and accordingly will face the threat of removal and separation from family. . . .

Furthermore, by rendering Plaintiffs’ children undocumented, the EO threatens to deprive the children of access to federally-funded public benefits that are critical to their well-being and stability. Only “qualified” noncitizens enumerated under 8 U.S.C. § 1641(b) are eligible to receive “any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided . . . by an agency of the United States or by appropriated funds of the United States.” Id. § 1611(c)(1)(B). . . .


Onward -- to the complete obliteration, of Tangerine's lawless agenda -- from stem to stern. Woot!

नमस्ते

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