Federal Judge Blocks Trump Administration’s Effort too End Birthright Citizenship
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A federal judge in New Hampshire has issued an injunction blocking the Trump administration‘s attempt to end birthright citizenship for children born in the U.S. to parents who are in the country illegally. The ruling represents a significant victory for civil rights groups and opponents of the policy, which they argue is unconstitutional.
Challenge to the 14th Amendment
The administration argued that the phrase “subject to the jurisdiction thereof” in the 14th Amendment does not extend to individuals whose parents are unlawfully present in the United States. This interpretation, if upheld, would effectively deny automatic U.S. citizenship to hundreds of thousands of children born each year to undocumented immigrants.
Government lawyers asserted that “prior misimpressions of the citizenship clause have created a perverse incentive for illegal immigration that has negatively impacted this country’s sovereignty, national security, and economic stability.”
However,Judge James LaPlante found the government’s arguments unpersuasive,stating the decision to issue the injunction was ”not a close call.” He emphasized that deprivation of U.S. citizenship constitutes irreparable harm.
Nationwide Injunctions and Supreme Court Involvement
Several federal judges had previously issued nationwide injunctions halting the implementation of Trump’s order. However, a June 27 Supreme Court ruling narrowed those injunctions, giving lower courts 30 days to reassess the cases. Opponents of the policy swiftly returned to court to seek renewed blocks on the executive order.
Similar cases are ongoing in Washington state and Maryland. In Washington, the 9th U.S. Circuit Court of Appeals has requested briefs from both sides to clarify the impact of the Supreme Court’s ruling. Washington state and other plaintiffs are seeking to have the case returned to the lower court judge.
In Maryland, a plaintiff is attempting to organize a class-action lawsuit encompassing all individuals potentially affected by the order. The judge has set a deadline for legal arguments as she considers a request for another nationwide injunction filed by CASA, a nonprofit immigrant rights organization.
Fears and Uncertainty Among Affected Families
The executive order has sparked widespread confusion and fear among immigrant communities. Cody Wofsy, an attorney for the plaintiffs, reported being inundated with inquiries from concerned families. He stated the New Hampshire ruling “is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order.”
CASA’s legal director, Ama Frimpong, is advising members and clients not to panic, emphasizing that multiple legal avenues are being pursued to prevent the order from taking effect. “No one has to move states right this instant,” she said. “There’s different avenues through which we are all fighting, again, to make sure that this executive order never actually sees the light of day.”
Personal Stories Highlight the Stakes
The New Hampshire case features plaintiffs using pseudonyms to protect their identities. One plaintiff is a Honduran woman with a pending asylum application who is due to give birth in October. She testified that her family fled gang violence and fears for their safety if her child is not a U.S. citizen. “I do not want my child to live in fear and hiding,” she wrote to the court. “I fear our family could be at risk of separation.”
Another plaintiff,a Brazilian man living in Florida with his wife,had a child born in March. They are seeking lawful permanent residency through family ties. He stated, “My baby has the right to citizenship and a future in the United States.”
These personal accounts underscore the profound impact the policy change would have on families seeking a better life in the United States.
This article was reported by The Associated Press.
