A federal court in Maryland a one issued on Wednesday, February 5 Preliminary court order which prevents the implementation of the president’s executive order Donald Trumpwhich sought to restrict the right to citizenship by birth in USA For the children of immigrants in irregular situation or with temporary status.
The judge Deborah L. Boardmannominated for the court by the former president Joseph R. Biden Jr.argued that Trump’s measure is incompatible with Amendment 14 of the Constitution of the United States and with a legal precedent of the Supreme Court of more than a century old.
Boardman’s order has national scope and it will remain in force while the litigation progresses or until a higher instance revokes it. His ruling gives greater legal stability than 14 -day temporary restriction order that a judge in Seattle He had imposed on January 23.
“The Executive Order conflicts with the clear text of amendment 14, contradicts a binding precedent of the Supreme Court 125 years ago and goes against the tradition of 250 years of citizenship by birth in our nation,” Boardman wrote in Your decision.
According to The New York Timesthe judge’s ruling responds to a lawsuit filed by Five pregnant women without legal status and two immigrant defense organizations, the ASYLUM SEEKER ADVOCACY PROJECT and HOMErepresented by the Institute of Constitutional Defense and Protection of the Georgetown University Law School.
Trump’s executive order, signed January 20I instructed federal agencies to not recognize citizenship of children born in USA whose parents were not citizens or permanent legal residents. The measure had to enter into force February 19 And it was part of the most restrictive immigration policy of the Republican President since his return to the White House.
Under Trump’s order, children born in US territory after that date would have been considered foreigners and, therefore, subject to deportation. They would also have remained excluded from federal benefits like the Social Security numbersaccess to government programs and the possibility of working legally in the future.
The lawyers of the demanding groups alleged that the order violated the Citizenship clause of amendment 14, which establishes that every person born in the United States is automatically citizen.
The judge John Couchnourby Seattle, who issued the first temporary restriction order against the measure on January 23, described Trump’s action as “Flagrantly unconstitutional”. It is expected that this Thursday evaluates whether also issuing a Preliminary court order With more durable effects.
On the other hand, the Department of Justice De Trump has defended the constitutionality of the executive order, arguing that the historical interpretation of amendment 14 has been wrong and that the constitutional text does not guarantee citizenship by birth to children of immigrants without legal status or with temporary residence.
In his argument, the government cited the case United States v. Wong Kim Ark (1898)which established that the children of permanent residents born in the United States were citizens. According to the lawyers of the Department of Justice, that ruling only applied to children born from parents with “Address and Permanent Residence”which would exclude the children of immigrants in an irregular situation.
The lawyer of the Department of Justice, Eric Hamiltonhe said that “Immigrants in an irregular situation are not allowed to be in the United States”so their children should not automatically receive citizenship.
The case in Maryland is just one of At least eight demands presented throughout the country by Democratic general prosecutorsimmigrant rights groups and pregnant women affected by the measure. In particular, 22 state general prosecutors They have challenged Trump’s order in federal courts in Seattle and Bostonclaiming that More than 150,000 children They could be deprived of citizenship every year if the order enters into force.
The lawyer Joseph Meadrepresentative of the plaintiffs in Maryland, said that the executive order is already generating “Concrete damage in the life of innumerable people”since citizenship is “The basis of many other rights”.
Judge Boardman justified the National judicial order by pointing out that One of the demanding organizations has a presence in all stateswith hundreds of pregnant women who could give birth in the coming weeks and face the loss of rights for their children, the agency said Reuters.
He Department of Justice requested a period of 60 days To respond to Boardman’s order, although he has not confirmed whether the Trump administration will appeal the decision before a higher instance. If the Government decides to clock the ruling, the case could Reach the Fourth Circuit Court of Appeals And, eventually, to the Supreme Court of the United States.
Meanwhile, Judge Boardman reaffirmed in her ruling that Trump’s interpretation about the Amendment 14 It has been “Fly rejected” by the Supreme Court in the past. “No court in the country has supported the president’s interpretation on the citizenship clause. This court will not be the first, ”Boardman concluded.
