Second US judge blocks Trump’s effort to end birthright citizenship

“Today, virtually each babe calved connected U.S. ungraded is simply a U.S. national upon birth,” Boardman said. “That is the instrumentality and contented of our country. That instrumentality and contented are and volition stay the presumption quo pending the solution of this case.”

A U.S. Justice Department lawyer asked Boardman for 60 days to respond to the injunction, but did not accidental whether the Trump medication would appeal. Boardman’s bid provides longer-term alleviation to opponents of Trump’s argumentation than an earlier, 14-day intermission imposed connected Jan. 23 by a Seattle-based national judge.

That judge, John Coughenour, called Trump’s bid “blatantly unconstitutional.” Coughenour is acceptable connected Thursday to see whether to likewise contented a preliminary injunction that would stay successful effect pending the solution of the litigation. Trump’s enforcement order, signed connected his archetypal time backmost successful bureau connected Jan. 20, had directed U.S. agencies to garbage to admit the citizenship of children calved successful the United States if neither their parent nor begetter is simply a U.S. national oregon lawful imperishable resident. It is portion of Trump’s hardline policies toward migration that helium has pursued since returning to power. Lawyers for the migrant rights groups CASA and the Asylum Seeker Advocacy Project that brought the lawsuit earlier Boardman person argued that Trump’s bid violates the close enshrined successful the citizenship clause of the Constitution’s 14th Amendment that provides that anyone calved successful the United States is simply a citizen.

Boardman said astatine the proceeding that Trump’s mentation of the Constitution has been “resoundingly rejected” by the Supreme Court successful the past.

“In fact, nary tribunal successful the state has ever endorsed the president’s interpretation,” Boardman said. “This tribunal volition not beryllium the first.”
The Maryland suit is 1 of astatine slightest 8 filed astir the United States by Democratic authorities attorneys general, immigrants rights advocates and expectant mothers challenging Trump’s order.
Under Trump’s order, immoderate children calved successful the United States aft Feb. 19 whose parent and begetter are not American citizens oregon lawful imperishable residents would beryllium taxable to deportation and would beryllium prevented from obtaining Social Security numbers, assorted authorities benefits and the quality to enactment lawfully erstwhile they get older.
More than 150,000 newborn children would beryllium denied citizenship annually if Trump’s bid is allowed to stand, according to Democratic authorities attorneys wide from 22 states who person sued to artifact the argumentation successful the lawsuit successful Seattle and different 1 successful Boston national court.
Joseph Mead, a lawyer representing the plaintiffs successful the Maryland case, said that Trump’s bid is causing “real-world harm for countless radical today” due to the fact that citizenship is “the instauration for truthful galore different rights.”
Opponents of Trump’s bid person said the 14th Amendment’s citizenship clause’s meaning was cemented 127 years agone erstwhile the U.S. Supreme Court ruled that children calved successful the United States to non-citizen parents are entitled to American citizenship.
But Trump’s Justice Department has said anterior statesmanlike administrations person misread the clause successful the 14th Amendment, and that its substance and past marque wide that the Constitution does not assistance birthright citizenship to children of immigrants whose beingness successful the state is either amerciable oregon temporary.
The section argues that erstwhile the U.S. Supreme Court handed down its 1898 determination successful the lawsuit United States v. Wong Kim Ark, its holding was much constrictive that Trump’s critics contend and was constricted lone to children whose parents had a “permanent domicile and residence successful the United States.”
“Illegal aliens are not permitted to beryllium successful the U.S. astatine all,” Hamilton said.
The Maryland lawsuit was 1 of 4 scheduled to person hearings betwixt Wednesday and Monday connected abstracted requests by plaintiffs to artifact enforcement of Trump’s bid earlier the Feb. 19 deadline.