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IMMIGRATION FEBRUARY 14, 2025 | The Indian Eye 37

ment affirms the ancient and funda- tutional”, stating “There are other as a violation of Rule 3.1 if found to to our colleague, Craig Dobson. In-
mental rule of citizenship by birth times in world history where we look be unconstitutional. Rule 3.1 allows dependent of the specific rules gov-
within the territory, in the allegiance back and people of goodwill can say, for good faith arguments for the “ex- erning lawyer conduct, Trump’s law-
and under the protection of the coun- ‘Where were the judges? Where were tension, modification, or reversal of yers should ensure that their actions
try, including all children here born the lawyers?’”. Judge Coughenour’s existing law”, however, and it is like- align with the ideals of the profession,
of resident aliens, with the exceptions comments call into question ABA ly that Trump administration lawyers which prioritize fairness, justice, and
or qualifications (as old as the rule it- Model Rule 3.1, which states that a would argue that the policy laid out upholding the rights of individuals.
self) of children of foreign sovereigns lawyer “shall not bring or defend a in the new executive order falls within While Trump holds the office of Pres-
or their ministers, or born on foreign proceeding, or assert or controvert an this exception. ident of the United States, he is not
public ships, or of enemies within and issue therein, unless there is a basis in Experts will disagree and take a lawyer, and is not beholden to the
during a hostile occupation of part of law and fact for doing so that is not the position that Trump’s lawyers may same ethical standards. Lawyers, by
our territory, and with the single addi- frivolous, which includes a good faith be committing ethical violations in contrast, are called to uphold the laws
tional exception of children of mem- argument for an extension, modifica- supporting policies that may be cruel of the United States and avoid per-

bers of the Indian tribes owning direct tion or reversal of existing law”. The and harmful to immigrants. Support- petuating harm and injustice.
allegiance to their several tribes. The Trump administration’s restriction of ing blatantly unconstitutional actions *Kaitlyn Box is a Partner at Cyrus D.
Amendment, in clear words and in birthright citizenship could be viewed may be cause for concern according Mehta & Partners PLLC.
manifest intent, includes the children ___________________________________________________________________________________________________________________________________
born within the territory of the United Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
States, of all other persons, of what- Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
ever race or color, domiciles here, is former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
within the allegiance and the protec- Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
tion, and consequently subject to the for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
jurisdiction of the United States. of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
On January 23, 2025 Judge
Coughenhour in the US District City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
Court Western District of Washing- adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
ton at Seattle issued a temporary the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
injunction blocking the implementa- Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
tion of the executive order. During received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
the hearing, Judge Coughenhour in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
called the order “blatantly unconsti- Global 2019 in immigration law, among other rankings.

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