Third Federal Judge Blocks Trump’s Bid to End Birthright Citizenship
For the third time in a week, a federal judge has blocked former President Donald Trump’s executive order attempting to end birthright citizenship for children born in the U.S. to parents who are in the country illegally.
U.S. District Judge Joseph N. Laplante in New Hampshire issued the latest ruling on Monday, following similar decisions from judges in Seattle and Maryland. The lawsuit, filed by the American Civil Liberties Union (ACLU) on behalf of immigrant rights groups, argues that the order directly violates the U.S. Constitution.
“The rule of law is, according to him, something to navigate around or something ignored, whether that be for political or personal gain,” wrote U.S. District Judge John C. Coughenour in a previous ruling, emphasizing the constitutional protections of the 14th Amendment.
The legal battle centers on whether Trump’s administration can reinterpret the 14th Amendment, which grants citizenship to nearly all individuals born on U.S. soil. The administration contends that children of noncitizens are not “subject to the jurisdiction” of the U.S. and therefore do not qualify for automatic citizenship.
Federal judges so far have strongly rejected this argument.
Laplante, a George W. Bush appointee, said he was “not persuaded” by the administration’s defense and would issue a more detailed opinion later.
Meanwhile, the administration is appealing the Seattle ruling, and a similar case was heard in Boston last week, though a ruling has not yet been made.
The U.S. Supreme Court has long upheld birthright citizenship, most notably in the 1898 decision United States v. Wong Kim Ark, which ruled that only children of diplomats, foreign occupiers, and certain sovereign Native American tribes are exempt from automatic citizenship (WTAF?).
The U.S. remains among roughly 30 countries that follow the jus soli (right of the soil) principle, including Canada and Mexico.
With multiple rulings against Trump’s executive order, the fight over birthright citizenship is likely to escalate to the Supreme Court.
Source: Associated Press