The Law of Immigration: What's the Fight About?

The plans to stop birthright citizenship and conduct mass deportations are causing big legal fights because they challenge basic US laws. Birthright citizenship is a rule based on the 14th Amendment of the Constitution, which says if you are born here, you are a citizen. People fighting the new plan argue that the President can't change the Constitution with just an executive order—that power belongs to Congress and the states, who would have to vote to amend it. Similarly, the mass deportations rely on existing laws like the Immigration and Nationality Act (INA), which gives the government power to remove non-citizens. However, when the government tries to deport large numbers of people quickly (like in June 2025), opponents go to court, arguing the deportees' right to due process (fair treatment under the law) is being ignored. They argue that everyone, citizen or not, deserves a chance to argue their case before being removed.

The Law of Money: Who Controls the Budget?

The "Muskonomics" plans for massive spending cuts by the Department of Government Efficiency (DOGE) are mainly a fight about separation of powers. Our Constitution makes it clear that Congress, not the President, controls the government's money. This is often called the "power of the purse." The Constitution states that no money can be spent unless Congress approves it first. When DOGE reportedly tries to "impound" (stop) money that Congress has already approved for government programs, it leads to lawsuits. These lawsuits argue that DOGE is breaking the law—specifically the 1974 Impoundment Control Act—which was put in place to stop Presidents from ignoring Congress's spending choices. Basically, the courts are being asked to decide whether the President can choose to stop funding parts of the government that Congress mandated.

The Law of Immigration: What's the Fight About?

(November 2025)     by Leetia Thomas