US Judge Blocks Trump Order Seeking to Restrict Birthright Citizenship
A US federal judge has blocked Donald Trump's latest executive order seeking to restrict birthright citizenship, ruling the policy is almost certainly unconstitutional.
0 likes
A US federal judge has blocked the Trump administration from enforcing a new executive order aimed at limiting who qualifies for birthright citizenship, dealing another legal setback to President Donald Trump's efforts to restrict automatic citizenship for some children born in the United States.
US District Judge Deborah Boardman of Maryland issued a preliminary injunction on Wednesday after immigrant-rights groups challenged Trump's August 6 executive order targeting what the administration describes as “birth tourism.”
The ruling prevents the administration from implementing the order while the legal challenge proceeds.
In her 35-page ruling, Boardman said the US Supreme Court had already addressed the constitutional protections at the centre of the dispute.
“The Supreme Court has spoken: Children in the certified class are ‘citizens at birth’,” Boardman wrote.
She added that Trump's latest order was “almost certainly unconstitutional.”
Another Setback for Trump's Birthright Citizenship Push
The ruling represents the latest setback to Trump's campaign to narrow the scope of birthright citizenship, a constitutional principle under which nearly everyone born on US soil is generally recognised as an American citizen.
Trump has repeatedly sought to challenge that interpretation.
His latest executive order targets people whom he alleges enter the United States under the guise of tourism while intending to give birth in the country.
The administration has argued that the existing interpretation of birthright citizenship encourages so-called “birth tourism” and contributes to irregular migration.
Immigrant-rights organisations welcomed Wednesday's ruling, describing it as another defeat for the administration's efforts to change longstanding citizenship protections through executive action.
“When it comes to attacking birthright citizenship, the Trump administration has lost before this court, lost before the Supreme Court, and lost again today,” said Shana Khader, legal director at We Are CASA, a Maryland-based immigrant-rights organisation.
Supreme Court Previously Rejected Trump's Approach
The latest legal battle follows Trump's first executive order on birthright citizenship.
Under that order, Trump sought to deny automatic US citizenship to children born in the United States to parents who were either unlawfully present in the country or in the US on temporary visas.
Lower courts blocked the policy, ruling that it conflicted with the Citizenship Clause of the 14th Amendment to the US Constitution.
The Supreme Court subsequently rejected the administration's attempt to implement the policy, reinforcing the legal protections at issue in the current case.
Judge Boardman's latest ruling therefore places the administration's revised approach under another judicial injunction.
Birthright Citizenship Battle Part of Wider Immigration Agenda
Trump's efforts to restrict birthright citizenship form part of a broader immigration agenda aimed at reducing both legal and illegal migration into the United States.
His administration has pursued policies intended to facilitate the removal of millions of undocumented migrants while also seeking to end or modify deportation protections for nationals of more than a dozen countries.
The administration's immigration policies have generated numerous legal challenges, with courts being asked to determine the extent of presidential authority over immigration and citizenship.
The birthright citizenship dispute is particularly significant because it involves the interpretation of a constitutional provision that has governed US citizenship for generations.
Legal Battle Expected to Continue
Wednesday's preliminary injunction does not necessarily bring the broader legal dispute to an end. The administration can continue to challenge the ruling as the case moves through the courts.
For now, however, the Trump administration is blocked from enforcing the latest executive order against the affected class of children.
The decision also underscores the continuing role of the US courts in determining the limits of executive power as the administration pursues a sweeping overhaul of immigration policy.
The legal battle over birthright citizenship is likely to remain one of the most consequential immigration disputes of Trump's presidency, with its eventual outcome potentially affecting how citizenship is granted to children born in the United States for years to come.
Share this story
Choose a platform or copy the link