Judge Shoots Down Trump Admin Push for Extension in Birthright Citizenship Case

A federal judge has sharply criticized the Department of Justice for its handling of a high-profile birthright citizenship lawsuit, denying a last-minute request for more time to respond. U.S. District Judge Timothy Kelly, a Trump appointee, called out the DOJ for ignoring court procedures and filing an extension request just minutes before a deadline.

Judge Rebukes DOJ for Delays in Birthright Citizenship Case

In a strongly worded minute order on Wednesday, Kelly noted that the government had access to the necessary case files for at least two months but failed to explain why it waited until 20 minutes before the deadline to act. “Despite Defendants’ conclusory assertion of ‘good cause shown,’ they do not explain why they were unable to file any response… before the expiration of the current deadline,” the judge wrote. Kelly emphasized that the court had clearly laid out in a standing order on January 31 that any extension motions must be submitted at least four days in advance of a deadline, and that failure to do so must be justified. The DOJ’s motion failed on both counts.

Judge Enforces Strict Court Rules

The judge made it clear that his courtroom has zero tolerance for procedural shortcuts. The standing order specifically states that extension requests must come with advance notice and cannot rely solely on the agreement between parties. Yet the DOJ filed its request just before time ran out and without explaining its delay. “Defendants’ Motion does not explain why Defendants failed to comply with the Court’s Standing Order,” Kelly stated. As a result, the motion for more time was denied “without prejudice,” meaning the DOJ may try again — but only if it offers a compelling explanation and shows valid cause. Judge Kelly gave the DOJ a new hard deadline: they must respond to the lawsuit by Friday, April 11.

Challenging Trump’s Order Ending Birthright Citizenship

At the heart of the legal battle is a controversial executive order signed by former President Trump in January, which seeks to end birthright citizenship — a constitutional guarantee under the Fourteenth Amendment for those born on U.S. soil. Civil rights organizations argue the order is unconstitutional and violates the Administrative Procedure Act. The plaintiffs in the case include Asian Americans Advancing Justice (AAJC), the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and OCA-Asian Pacific American Advocates. They argue that the president does not have the power to alter citizenship rights through executive action. In a press statement, OCA leaders cited the historic case of U.S. v. Wong Kim Ark as a foundational legal precedent affirming birthright citizenship. “The president lacks the authority to override the U.S. Constitution,” they stated.

Civil Rights Groups Speak Out

John C. Yang, president of AAJC, warned that the executive order threatens all Americans. “An attack on birthright citizenship is an attack on everyone born in the U.S.,” he said. “The idea that any president can dictate who is and is not a citizen by the flick of a pen is not only wrong — it is dangerous.” The DOJ has not yet responded to the court’s rebuke or the lawsuit. Attempts to reach the department for comment have been unsuccessful.