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The Dictatorship

John Robertscan’tsplit the difference on birthright citizenship

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John Robertscan’tsplit the difference on birthright citizenship

Less than three months after President Donald Trump began his attempts to end birthright citizenshipthe Supreme Court on Thursday agreed to take up the first challenge to that effort — in part at least. Technically, the unusual hearing, scheduled for May 15, concerns judges’ injunctions against those attempts. But if Chief Justice John Roberts and the other justices want, next month’s hearing can also be the last hearing on the matter where the outcome is at all in doubt. They must understand that no matter how narrow a ruling they may be asked to provide, it is in their best interest — and the country’s — to reject the White House’s attack on a core principle of our republic swiftly and decisively.

On his first day in office, Trump signed an executive order instructing all federal departments and agencies to no longer recognize all children born in the country as citizens. Documents establishing citizenship would be withheld from any child whose mother was not a citizen, unless their father could be proved to be a citizen or lawful permanent resident. The White House’s justification lies in a misreading of the 14th Amendment’s birthright citizenship clause, falsely claiming that the children being excluded are not “subject to the jurisdiction” of the United States and thus ineligible.

Trump’s order, challenging over a century of jurisprudence, is blatantly illegal to a degree that only someone picking a fight in court can manage.

Trump’s order, challenging over a century of jurisprudence, is blatantly illegal to a degree that only someone picking a fight in court can manage. Several federal courts around the country swiftly recognized that this order threatened its targets with potentially irreparable damage. Within days, district judges in Maryland, Washington state and Massachusetts all issued preliminary injunctions against the administration’s plans. One judge referred to the order as “unavailing and untenable”; another correctly noted that “no court in the country has ever endorsed the president’s interpretation.”

Each of those injunctions is nationwide in scope, blocking the White House from moving forward with its plans. Three appeals courts subsequently denied the administration’s attempts to stay the injunctions. When petitioning the Supreme Court last month, Trump’s acting solicitor general insisted that rather than weighing the constitutional questions at hand, the justices need only answer a “‘modest’ request”: whether the administration could continue with its plans against everyone but the individuals named in the cases — or, at most, the states involved in the suits — while awaiting a final decision on the merits.

It should be obvious that allowing an unconstitutional act to continue in some states but not others is both deeply impractical and morally repugnant. Allowing a patchwork of legal conditions to stand is usually anathema to the Supreme Court. My concern is that Roberts may be tempted to join with enough of his colleagues to agree with the administration’s claim that its request is a narrow one.

The court’s record on the early challenges to Trump’s policies has been a mixed bag. “It has ruled for Trump in half of them, although each decision has been nuanced,” NBC News Supreme Court reporter Lawrence Hurley reported last week. “The court has not included any language rebuking the administration for its conduct, although liberal justices have done so in separate opinions.” In threading the needle this way, even in the cases that Trump has lost, the court has sought to put some constraints onto the president while leaving his policies largely in place.

For example, in adjudicating his use of the Alien Enemies Act to swiftly deport migrants to El Salvador, the court ruled he had the right to use the 19th-century law while litigation proceeds. But the unsigned majority opinion — the three liberal justices dissented, as did Justice Amy Coney Barrett in part — added a caveat requiring that detainees receive at least some basic due process. “AEA detainees must receive notice after the date of this order that they are subject to removal under the Act,” the majority argued. “The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”

There can be no dithering or ambiguity, though, once the oral arguments in the birthright citizenship cases are heard next month.

In the case of Kilmar Abrego Garcia, the court unanimously ruled against Trump’s objection to returning the man his administration admitted it had wrongly removed to El Salvador. But the decision was technically a partial win for the administration, which had asked the court to stay a looming lower court deadline to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7.” Roberts issued a brief pause, during which the deadline lapsed, rendering that part of original order moot. The court denied the request to overturn the rest of the order, agreeing that the U.S. should facilitate Abrego Garcia’s return but remanding the case for clarification on what was meant by “effectuate.”

Both decisions are exactly the kind of pseudo-Solomonic ruling that Roberts loves to issue. Though he would insist otherwise, the chief justice is a skilled politician who always has the court’s public image firmly in mind. The justices have no greater weapon than their institutional authority. Accordingly, issuing an unambiguous order that an unwilling White House fully ignores is likely one of Roberts’ worst nightmares. When viewed through that lens, his attempts to balance a commitment to the rule of law with a lack of enforcement power almost make sense.

There can be no such dithering or ambiguity, though, once the oral arguments in the birthright citizenship cases are heard next month. Even the “modest” proposal from the White House could render thousands of children stateless while the legal process proceeds. The best option available for protecting those newborn Americans’ rights would be to leave the injunctions in place while the lower courts continue to demolish the administration’s nativist crusade. The best option to preserve the legitimacy of the court would be for Roberts to make clear that when the matter returns to the justices, the president’s lawyers will not find sympathetic ears.

Hayes Brown

Hayes Brown is a writer and editor for BLN Daily, where he helps frame the news of the day for readers. He was previously at BuzzFeed News and holds a degree in international relations from Michigan State University.

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The Dictatorship

Trump and his border czar say ICE will arrive at airports on Monday

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President Donald Trump and top administration officials said Sunday that Immigration and Customs Enforcement agents will arrive at the nation’s airports on Monday to handle security at exceedingly long lines driven by a shortage of TSA workers.

“I look forward to moving ICE in on Monday, and have already told them to, ‘GET READY.’ NO MORE WAITING, NO MORE GAMES!” Trump said on Truth Social.

Tom Homan, the White House border czar who will lead the effort, provided few details but confirmed the plan on BLN’s “State of the Union,” saying, “It’s a work in progress, but we will be at airports tomorrow.” DHS spokesperson Lauren Bis said later that “hundreds of ICE officers” would be deployed to airports “adversely impacted,” but she did not specify which airports.

It was unclear whether ICE officers would be conducting pat-down procedures but Homan suggested their focus would be on security instead of screening. “A highly-trained ICE law enforcement officer can cover an exit, that relieves TSA to go to screening,” he said, adding that the priority will be on “those large airports where there’s a long wait, like three hours.”

DHS and ICE did not immediately respond to MS NOW’s request for comment on whether officers will be wearing masks at the airports to which they are deployed. But Transportation Secretary Sean Duffy suggested Sunday that Democrats are the reason why federal immigration and border officers wear masks.

“Democrats want ICE to take off their face masks. The problem with that is we know the Democrats are going to want to dox those ICE agents, go to their homes, harass their kids,” he said on ABC News.

The ongoing partial government shutdown, which began after funding for the Department of Homeland Security lapsedon Feb. 14, has forced Transportation and Security Administration workers to go unpaid —with hundreds of them quitting or not showing up for work, severely disrupting air travel.

Duffy said security lines will “get much worse” this week. He predicted more TSA agents will quit by Friday, when they’ll go without another paycheck unless lawmakers reach a deal.

Trump said on Saturday that ICE agents would “do Security like no one has ever seen before, including the immediate arrest of all Illegal Immigrants who have come into our Country, with heavy emphasis on those from Somalia.”

Minneapolis Mayor Jacob Frey, whose city has been ground zero for the Trump administration’s immigration crackdown, said Sunday on MS NOW’s “The Weekend” that Trump “doesn’t actually mean that he’s going to keep people secure.”

“We all know that’s not the goal. The goal is to terrorize people,” Frey said. When asked if he thought the president was racist for his targeting of Somalis, the mayor said, “I think the answer is yes.”

Speaking on the Senate floor during a rare weekend session on Sunday, Minority Leader Chuck Schumer, D-N.Y., lambasted Trump’s plan to send ICE agents to airports, calling it “really disturbing.”

“It’s a plan that has no planning. It’s another impulsive action from Donald Trump,” Schumer said. “When he acts impulsively there’s usually trouble. Whenever Donald Trump acts impulsively with no follow through, there’s trouble.”

Republican Sen. Lisa Murkowski of Alaska also criticized Trump’s plan, saying that “air dropping” agents to airports is “not a fix.”

The Association of Flight Attendants said ICE officers lack the kind of specialized training that the TSA’s transportation security officers get. “Furthermore, the introduction of ICE agents into airports creates contradictory missions, as attempts to question passengers about immigration status may distract them from ensuring airport security,” the union said.

And Everett Kelley, president of the American Federation of Government Employeesthe largest federal workers’ union, said, “More than 50,000 TSA employees have worked without pay for over five weeks. Hundreds have quit. And Washington’s answer isn’t to pay them. It’s to send ICE agents to do their jobs.”

Congress remains gridlocked over DHS funding, with Democrats demanding reforms to ICE operations after the fatal shooting of two U.S. citizens — Renee Good and Alex Pretti— in Minneapolis. Republicans have rejected proposalsto reopen much of Homeland Security, which includes TSA and ICE.

Airline executives from United Airlines, American Airlines, Southwest Airlines and others last week called on Congress to end the shutdownwriting in a joint letter that federal employees working without pay is “simply unacceptable.”

“This problem is solvable, and there are solutions on the table,” they wrote. “Now it’s up to you, Congress, to move forward on bipartisan proposals that will get federal aviation workers—including TSA officers, U.S. Customs clearance officers at airports and air
traffic controllers—paid during shutdowns.”

Mychael Schnell and Emily Hung contributed to this report.

Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.

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Cuba says it is ‘preparing’ for potential U.S. aggression

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Cuba says it is ‘preparing’ for potential U.S. aggression

Cuba is “preparing” for the possibility of U.S. military aggression against the Caribbean island nation, a top Cuban official said Sunday.

“Our military is always prepared, and, in fact, it is preparing these days for the possibility of military aggression,” Cuba’s deputy foreign minister, Carlos Fernández de Cossío, told NBC News. “We would be naive, if looking at what’s happening around the world, we would not do that.”

Speaking on NBC’s “Meet the Press,” Fernández de Cossío added, “But we truly hope that it does not occur. We don’t see why it would have to occur. We find no justification whatsoever.”

He spoke as Cuba began restoring power after a nationwide electricity blackout, which Cuban officials have blamed on a U.S. energy blockade driven by President Donald Trump threats to impose tariffs on any country that provides oil to Cuba. Cuba’s president, Miguel Díaz-Canal, acknowledged last week that his government is in talks with the U.S. government.

Trump and Secretary of State Marco Rubio have repeatedly warned that Cuba could be next to see U.S. military intervention, adding to a growing number of countries, including Venezuela and Iran, where the U.S. military has interfered.

“I do believe I will be having the honor of taking Cuba,” Trump told reporters last week in the Oval Office. “Whether I free it, take it. Think I can do anything I want with it, you want to know the truth.”

Shortly after U.S. forces captured Venezuelan President Nicolás Maduro in January at Trump’s direction, Rubio said“I don’t think it’s any mystery that we are not big fans of the Cuban regime,  who, by the way, are the ones that were propping up Maduro.”

Rubio called the Cuban government “a huge problem.”

Trump’s foreign policy has run counter to his campaign promise to end costly warsarguing that Americans will be safer and better off as a result of such interventions. The joint U.S.-Israel war with Iran, for which the objectives remain unclear, has sent the price of oil and gas skyrocketing and deepened instability across the Middle East.

Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.

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The Dictatorship

Trump threatens attacks on Iranian power plants if Tehran fails to open the Strait of Hormuz

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Trump threatens attacks on Iranian power plants if Tehran fails to open the Strait of Hormuz

CAIRO (AP) — Iran responded Sunday with threats of its own, a day after President Donald Trumpwarned the United States will “obliterate” Iran’s power plants if Tehran fails to fully open the Strait of Hormuzin 48 hours and Iranian missiles struck two cities near Israel’s main nuclear research center, injuring dozens and shattering apartment buildings.

The developments signaled the war in the Middle East, now in its fourth weekwas moving in a dangerous new direction.

Sirens blared across Israel as Iran launched new barrages Sunday. In the country’s south, residents faced the devastation in the cities of Dimona and Arad. In northern Israel, a man was killed in a strike by the Lebanese militant Hezbollah group.

Israeli Prime Minister Benjamin Netanyahu toured Arad and said it was a “miracle” that no one was killed by the blast, which heavily damaged several buildings. But he said that if all residents had rushed to shelters, no one would have been hurt and urged all to heed the sirens.

Iran responds to Trump’s ultimatum

Trump said on Saturday that he would give Iran 48 hours to open the vital Strait of Hormuzor face a new round of attacks. He said the U.S. would destroy “various POWER PLANTS, STARTING WITH THE BIGGEST ONE FIRST!”

He may have meant the Bushehr nuclear power plant, Iran’s biggest, which was already hit last week, or Damavand, a natural gas plant near Tehran, Iran’s capital.

In turn, Iran warned early Sunday that any strike on its energy facilities would prompt attacks on U.S. and Israeli energy and infrastructure assets — specifically information technology and desalination facilities — in the region, according to a statement citing an Iranian military spokesperson carried by state media and semiofficial outlets.

The Strait of Hormuz connects the Persian Gulf to the Indian Ocean and is a critical pathway for the world’s flow of oil. Attacks on commercial shipsand threats of further strikes have stopped nearly all tankers from carrying oil, gas and other goodsthrough the passage, leading to cuts in output from some of the world’s largest oil producers, because their crude has nowhere to go.

Seyed Ali Mousavi, Iran’s envoy to the International Maritime Organization, said in remarks carried by two Iranian news agencies that navigating the strait is possible for “everyone except enemies” — indicating Tehran would determine which vessels are allowed passage. Iran has already approved the passage of ships through the waterway to China and elsewhere in Asia.

Iran strikes area near Israeli nuclear site

Israel’s military said it was not able to intercept missiles that hit Dimona and Arad on Saturday, the largest cities near the Negev Desert nuclear center. It was the first time Iranian missiles penetrated Israel’s air defense systems in the area.

“If the Israeli regime is unable to intercept missiles in the heavily protected Dimona area, it is, operationally, a sign of entering a new phase of the battle,” Iran’s Parliament Speaker Mohammad Bagher Ghalibaf said on X.

Rescue workers said at least 64 people were taken to hospitals after the direct hit in Arad. Dimona is about 20 kilometers (12 miles) west of the nuclear research center and Arad around 35 kilometers (22 miles) north.

Israel’s hard-line national security minister, Itamar Ben-Gvir, visited Arad on Sunday, saying that Israel is in a “historic battle” against Iran and that it must “continue until victory.”

Israel is believed to possess nuclear weapons, though it doesn’t confirm or denythis. The U.N. nuclear watchdog said on X it had not received reports of damage to the Israeli center or any abnormal radiation levels.

Israel denies responsibility for attack on Natanz

Tehran’s main nuclear enrichment site at Natanzwas hit earlier on Saturday. Israel denied responsibility for the attack and the Iranian judiciary’s official news agency, Mizan, said there was no leakage.

The Pentagon declined to comment on the strike on Natanz, which was also hit in the first week of the ongoing war and in the 12-day warlast June.

The U.N. watchdog — the International Atomic Energy Agency — has said the bulk of Iran’s estimated 972 pounds (441 kilograms) of enriched uranium is elsewhere, beneath the rubble at its Isfahan facility.

The U.S. and Israel have offered shifting rationalesfor the war, from hoping to foment an uprisingthat topples Iran’s leadership to eliminating its nuclear and missile programsand its support for armed proxies. There have been no signs of an uprising, while internet restrictions limit information from Iran.

The war’s effects are felt far beyond the Middle East, raising food and fuel prices.

So far in Iran, the death toll in the war has surpassed 1,500, the state broadcaster reported Saturday, citing the health ministry. In Israel, 15 people have been killed by Iranian missiles. Four others have died in the occupied West Bank. At least 13 U.S. military members have been killed, along with well over a dozen civilians in Gulf nations.

Hezbollah claims deadly strike on northern Israel

Hezbollah said it was behind a strike on Sunday that killed a man in the northern Israeli town of Misgav Am in what the Israeli military said “seemed to be” a rocket attack. Israeli medics said they found the man dead in his car and released a video showing two vehicles ablaze.

Hezbollah, an ally of Iran, launched strikes on Israel soon after the U.S.-Israeli attack on Iran started on Feb. 28, saying it was in retaliation for the killing of Iran’s Supreme Leader Ayatollah Ali Khamenei. Israel struck back, bombarding Lebanon and targeting Hezbollah in deadly airstrikes, expanding its presence in southern Lebanon and amassing more troops near the border.

Lebanese authorities say Israel’s strikes have killed more than 1,000 people and displaced more than 1 million.

Crash in Qatar

Qatar said Sunday that all seven people aboard a Qatari helicopter that crashed the previous day in the Gulf Arab nation’s territorial waters are dead — including three Turkish nationals, a military officer and two civilians.

The confirmation came after the body of the missing Qatari pilot was found on Sunday. The crash was blamed on a “technical malfunction.”

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