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Posts Tagged ‘Executive Order’

Is “Birthright Citizenship” Subject To Revocation By A Presidential Executive Order?

Posted on: October 30th, 2018

By: Ken Levine

citizenship

During an interview by Axios on October 29, 2018, President Trump declared that he was about to sign an executive order to abolish birthright citizenship in the United States. While the President insisted that birthright citizenship, a concept enshrined in the 14th Amendment of the U.S. Constitution, could be revoked via executive order, it is an understatement to say that the constitutionality of such an order would be dubious.

The 14th Amendment of the U.S. Constitution provides, in part, that all individuals born in the United States, and subject to the jurisdiction of the laws of this country, are automatically U.S. citizens. Any amendment to the U.S. Constitution requires a 2/3rd majority in both houses of Congress or a constitutional convention called for by two-thirds of the State legislatures.

Furthermore, the issue of birthright citizenship has already been comprehensively addressed in the 1898 U.S. Supreme Court case of U.S. vs. Wong Kim Ark, 169 U.S. 649. The issue at hand in the case was whether a child born in the United States to Chinese citizens, who were temporarily residing in the U.S., was automatically a U.S. citizen by operation of law. In a 6 to 2 decision the Supreme Court determined that the 14th amendment, which was passed after the U.S. Civil War, guaranteed U.S. citizenship to all individuals born in the United States, no matter the citizenry of the child’s parents. The decision reiterated that the 14th amendment does however exclude birthright citizenship for the children of foreign diplomatic officers, which is the sole exception.

Eminent constitutional scholars around the U.S. have already weighed in on this issue and have spiritedly validated that the U.S. Constitution not only guarantees birthright citizenship, but that a unilateral Presidential Executive Order cannot amend the constitution. It is unclear at this time whether President Trump will actually move forward with this executive order.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Ken Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected]

A Majority of Federal Agencies Are “At Risk” For Further Data Security Incidents

Posted on: June 6th, 2018

By: Allen Sattler

The Office of Management and Budget (“OMB”) performed a cyber security risk assessment of 96 federal agencies, and it recently published its findings in the “Federal Cybersecurity Risk Determination Report and Action Plan.”  The OMB reported that only 25 of the 96 agencies assessed were adequately managing their risk.  Most agencies, 74% of them, were either “at risk” or “high risk.”  A “high risk” rating meant that the agency either did not have in place or failed to sufficiently deploy key, fundamental cybersecurity policies, processes, and tools.

The OMB performed the risk assessment in response to an Executive Order requiring that the OMB develop a plan to adequately protect the executive branch by improving its cybesecurity.  The assessment conducted by the OMB examined the agencies’ ability to identify, detect, and respond to cyber incidents.  Nearly 31,000 cyber incidents affected the 96 agencies in 2016 alone.

The OMB found that most agencies had poor situational awareness.  The OMB explained that those agencies often lacked the information and resources needed to understand or determine the tactics, techniques, and procedures being used by threat actors to exploit their systems.  For instance, in 38% of the cyber incidents analyzed, the agencies affected could not identify the method of attack used by the threat attacker.  The OMB also found that most agencies lack standardized procedures and information technology, which makes mitigating the vulnerabilities of those systems difficult.  For instance, one agency operates 62 separate email services on its systems, making it “virtually impossible” to track and inspect inbound and outbound communications to prevent attacks.  The OMB explained that if the email service is standardized, the agency can then manage the risk.  For instance, it can inspect, detect, and quarantine malicious messages, such as phishing attempts and emails that include attachments with malicious code.

The OMB also found that agencies lack the ability to detect when large amounts of data have been pulled from their systems by an outside attacker.  Only 27% of the agencies reported the ability to detect and investigate whether large amounts of data have been exfiltrated from their systems.  Also, while agencies have largely complied with policies requiring them to encrypt data in transit, less than 16% of agencies achieved their targets for encrypting data at rest.

The findings by the OMB are alarming given that the federal government is often a prime target for attack by cyber criminals, as shown by previous, high-profile breaches.  For instance, in 2015, the Office of Personnel Management sustained a data breach that resulted in the disclosure of fingerprint data belonging to 5.6 million federal employees.

If you have any questions or would like more information, please contact Allen Sattler at [email protected].