The White House is reacting after a federal court ruled that President Trump's executive order on birthright citizenship is unconstitutional. CBS News' Katrina Kaufman reports.

Washington

A US appeals court has ruled that President Trump's executive order seeking to restrict birthright citizenship is unconstitutional. The court referenced the 1898 Supreme Court case of Wong Kim Ark, which established that anyone born in the United States is entitled to citizenship, regardless of their parents' immigration status. The White House responded by claiming the court misinterpreted the 14th Amendment, while the court maintained that the order contradicted over a century of legal precedent.

The segment also discussed the case of Kilmar Bringo Garcia, who faces both criminal and immigration proceedings. A Tennessee judge has allowed for his release from criminal custody, but a Maryland judge has ordered that he not be turned over to immigration authorities without proper notice and supervision, and his release has been stayed for 30 days to allow his attorneys to explore legal options.

Latest news on Trump admin's legal battle on birthright citizenship

An appeals court has ruled President Trump's executive order on birthright citizenship is unconstitutional. It is a new legal setback for that order. Earlier this year, the Supreme Court ruled a federal judge could not enforce a nationwide injunction in the case, but it did not rule on the merits of the order. So joining me now in Studio 55 is CBS News legal reporter Katrina Kaufman. Good to see you. So explain this ruling and the reaction from the White House. So Vlad, what the White House says is that the Ninth Circuit misinterpreted the text and purpose of the 14th Amendment. The court feels very differently. They say that Trump used a strained interpretation of the 14th Amendment here, and they called to a seminal Supreme Court case, in their opinion, that I think is worth mentioning. It's of Wong Kim Ark, and that was a Chinese man who was born to Chinese immigrant parents. This ended up being a Supreme Court case in 1898, and at the time, his Chinese immigrant parents were not eligible for U.S. citizenship. And ultimately, the Supreme Court canvassed all of the history, looked at the intent of the drafters, and ultimately decided that the 14th Amendment meant that anyone born in the United States, regardless of the status of their parents, would get birthright citizenship. They say what Trump has done here goes against all of this history, against this case, against 125 years of the executive branch, and that it is unconstitutional. All right, let's talk about something else here that's interesting. The case of Kilmar Bringo Garcia, who was mistakenly deported to El Salvador. There were two potential major rulings in his case yesterday. Could he be released sometime in the near future? I know he's got a couple of days or a couple of weeks remaining behind bars. Yes. So the Tennessee judge, where his criminal case is going on, that's where he's been accused of human smuggling, said that he can be released from criminal custody there. But right at the same time, we got this other ruling out of Maryland, where the judge said that he needs to be brought there, that he cannot be turned over to ICE flood, because that's really the worry here, that he's going to get released, supposedly get his freedom, and then immediately get deported out of the country. So she said he needs to also be given 72 hours notice if they're going to deport him. They've got to tell him where, and that he needs to be brought to ICE custody and under the supervision of the Baltimore Department. But because his attorneys are worried about this deportation risk, what they asked for was for the release to be stayed for 30 days. So that means he's going to stay in criminal custody in Tennessee for at least another 30 days, because they want to explore their options for trying to keep him in this country. Really interesting. All right, Katrina, always good to have you here. Thank you very much. Thank you, Brad.

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