Judge Temporarily Halts Trump’s Effort To End Birthright Citizenship
#image_title

Judge Temporarily Halts Trump’s Effort To End Birthright Citizenship


Share this post

A federal judge temporarily blocked the president's executive order to overturn the constitutional guarantee of birthright citizenship

A federal judge has blocked the Trump administration from implementing the President’s executive order aimed at limiting automatic birthright citizenship in the United States, calling it “blatantly unconstitutional”.

Trump had signed the order on Monday, his first day back in office.

A Legal Setback To Hardline Policies On Immigration

Seattle-based U.S. District Judge John Coughenour issued a temporary restraining order, preventing the administration from enforcing the order.

The Judge, an appointee of Republican former President Ronald Reagan, dealt the first legal setback to the hardline policies on immigration that are a centerpiece of Trump’s second term as President.

“Obviously we will appeal,” Trump said of Coughenour’s ruling.

What Does The Order Say?

Trump’s executive order had directed U.S. agencies to refuse to recognize the citizenship of children born in the United States if neither their mother nor father is a U.S. citizen or lawful permanent resident.

Impact Of The Executive Order

More than 150,000 newborn children would be denied citizenship annually if Trump’s order is allowed to stand, according to the Democratic-led states.

Judge Wonders How The Order Can Be Called Constitutional

“I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional,” the Judge told a U.S. Justice Department lawyer defending Trump’s order.

“It just boggles my mind,” the Judge said.

The states argued that Trump’s order violated the right enshrined in the citizenship clause of the U.S. Constitution’s 14th Amendment that provides that anyone born in the United States is a citizen.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order,” Coughenour said of Trump’s policy.

Coughenour’s order, announced following a short hearing in a packed courtroom, prevents Trump’s policy from being enforced nationwide for 14 days while the Judge considers whether to issue a long-lasting preliminary injunction.

Next Hearing In February

He will hear arguments over whether to do so on February 6.

Under Trump’s order, any children born in the United States after February 19 whose mother and father are not American citizens or lawful permanent residents, would be subject to deportation and would be prevented from obtaining social security numbers, various government benefits and the ability as they get older to work lawfully.

What Does The Order Imply?

“Under this order, babies being born today don’t count as U.S. citizens,” Washington state Assistant Attorney General Lane Polozola, referring to Trump’s policy, told the Judge during the hearing.

Justice Department lawyer Brett Shumate argued that Trump’s action was constitutional and called any judicial order blocking it “wildly inappropriate.”

But before Shumate had even finished responding to Polozola’s argument, Coughenour said he had signed the temporary restraining order.

Justice Department To Defend Trump’s Order

The Justice Department plans to file papers next week to urge the judge not to issue a longer injunction, Shumate said.

A Justice Department spokesperson said it plans to continue to “vigorously defend” Trump’s order.

“We look forward to presenting a full merits argument to the court and to the American people, who are desperate to see our nation’s laws enforced,” the spokesperson said.

Washington Attorney General Nick Brown, a Democrat, said he sees no reason to expect that the Justice Department would succeed in overturning Coughenour’s ruling on appeal, even if the matter goes to the U.S. Supreme Court, whose 6-3 conservative majority includes three justices appointed by Trump.

“You are an American citizen if you were born on American soil – period,” Brown said.

“Nothing that the President can do will change that.”

Half A Dozen Lawsuits Filed Challenging Trump’s Order

Since Trump signed the order, at least six lawsuits have been filed challenging it, most of them by civil rights groups and Democratic attorneys general from 22 states.

Democratic state attorneys general have said that the understanding of the Constitution’s citizenship clause was cemented 127 years ago when the U.S. Supreme Court ruled that children born in the United States to non-citizen parents are entitled to American citizenship.

The 14th Amendment, adopted in 1868 following the US Civil War, overturned the Supreme Court’s notorious 1857 Dred Scott decision that had declared that the Constitution’s protections did not apply to enslaved Black people.

In a brief filed late on Wednesday, the Justice Department called the order an “integral part” of Trump’s efforts “to address this nation’s broken immigration system and the ongoing crisis at the southern border”.

Legislation Aimed At Restricting Automatic Citizenship

Thirty-six of Trump’s Republican allies in the US House of Representatives on Tuesday separately introduced legislation to restrict automatic citizenship to only children born to American citizens or lawful permanent residents.


Share this post
Comments

Be the first to know

Join our community and get notified about upcoming stories

Subscribing...
You've been subscribed!
Something went wrong
Michael Jordan’s Sons Fire Back at Kevin Hart Over Netflix Jokes

Michael Jordan’s Sons Fire Back at Kevin Hart Over Netflix Jokes

Kevin Hart’s new Netflix special Acting My Age sparked reactions on December 5 after Marcus and Jeffrey Jordan responded to the comedian’s bold jokes about their father, NBA legend Michael Jordan.  Hart’s routine included a full segment on MJ’s much-discussed fashion choices, calling him “a horrible dresser” and torching his oversized denim. “Some of the worst jeans I’ve ever seen in my life have been worn by Michael Jordan,” Hart joked, claiming the pockets were so big “you can put a Dell comp


O A

Biggie’s Estate Denies Claims Diddy Charged for His Funeral

Biggie’s Estate Denies Claims Diddy Charged for His Funeral

A new claim from the Netflix docuseries Sean Combs: The Reckoning is drawing attention for how it portrays the events surrounding The Notorious B.I.G.’s funeral. In the series, Kirk Burrowes alleges that Sean “Diddy” Combs initially promised to cover the costs of the service, but ultimately pushed the expense onto Biggie’s estate. Burrowes describes the moment in detail, saying, “Sean said, ‘We’re gonna do the biggest funeral for Biggie that New York has ever seen.’” He claims the enthusiasm sh


O A

Meta Starts Removing Under-16s from Social Media Platforms in Australia

Meta Starts Removing Under-16s from Social Media Platforms in Australia

Tech giant Meta said Thursday it is starting to remove under-16s in Australia from Instagram, Threads and Facebook ahead of the country’s world-first youth social media ban. Australia is requiring major online platforms, also including TikTok and YouTube, to block underage users by December 10, when the new law comes into force. Companies face fines of Aus$49.5 million (US$32 million) if they fail to take “reasonable steps” to comply. “While we are working hard to remove all users who we unde


O A

U.S. dismisses eight immigration judges in New York

U.S. dismisses eight immigration judges in New York

The US Department of Justice has dismissed eight immigration judges in New York City, the association representing them said Tuesday, amid tensions with the courts as President Donald Trump’s administration cracks down on undocumented migrants. According to the National Association of Immigration Judges (NAIJ), which confirmed media reports, the eight judges all worked at 26 Federal Plaza in Manhattan. The address houses a court that reviews cases of migrants attempting to regularize their stat


O A