Second US judge halts Trump's birthright citizenship ban

A U.S. federal judge has once again issued an order to temporarily halt, nationwide, a former President Donald Trump executive order that sought to end birthright citizenship for children born in the United States to undocumented immigrants. The judge called citizenship "the most precious right."

U.S. District Judge Deborah Boardman stated that no court in the United States has supported the Trump administration's interpretation of the 14th Amendment. She explicitly stated, "This Court will not be the first." She added, "Citizenship is the most precious right, expressly conferred by the Fourteenth Amendment."

Judge Boardman emphasized that citizenship is a "matter of national concern that requires a uniform policy," adding that "only a nationwide injunction can provide complete relief to the plaintiffs." After reading the ruling, the judge asked the government's lawyer whether they would appeal. The lawyer responded that he did not have the authority to immediately decide whether to appeal.

Previously, this executive order, released during Trump's inauguration week, had already been temporarily suspended due to another lawsuit filed by four states in Washington, with a judge in that state calling the order "blatantly unconstitutional." That temporary injunction was scheduled to expire on Thursday, U.S. time. Judge Boardman's preliminary injunction suspends the executive order until the substantive issues of the case are resolved, unless the Trump administration successfully appeals.

A total of 22 states, along with other organizations, have filed lawsuits seeking to prevent the executive order from being implemented. Similar hearings to the one conducted by Judge Boardman will be held later this week in other birthright citizenship cases. Judge Boardman, nominated by former President Joe Biden, agreed to issue a preliminary injunction after holding a hearing in the federal court in Greenbelt, Maryland. Immigration rights advocacy organizations CASA and the Asylum Seeker Advocacy Project, as well as some expectant mothers, filed the lawsuit with Judge Boardman.

Plaintiffs' attorney Joseph Mead stated that many of the parents who would be affected by Trump's executive order have been living in the United States for months or even years. "They are not temporary visitors," he told the judge. "They have made the United States their home."

At the heart of these lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War, and the Supreme Court's Dred Scott decision, which held that Scott (an enslaved person) was not a citizen. "The principle of birthright citizenship is the foundation of our nation's democracy, runs throughout our nation's laws, and shapes a shared national sense of belonging for generations of citizens," the plaintiffs argued in the lawsuit.

The Trump administration, on the other hand, argued that the children of non-citizens are not subject to U.S. "jurisdiction" and therefore are not entitled to citizenship. "The Constitution does not contain an accidental provision granting U.S. citizenship to, among others, the children of those who circumvent (or openly defy) federal immigration laws," the government argued in response to the Maryland plaintiffs' lawsuit.

The 14th Amendment was added after the Civil War to ensure that formerly enslaved people and free African Americans gained citizenship. It states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

In addition to the 22 states led by Democratic attorneys general seeking to block the order, 18 Republican attorneys general announced this week that they are seeking to defend the president's order by joining one of the federal lawsuits filed in New Hampshire.

The United States is one of approximately 30 countries that practice birthright citizenship (i.e., the "jus soli" principle). Most are located in the Americas, with Canada and Mexico also among them.

In his first week in office, Trump signed 10 executive orders on immigration and issued decrees to implement his promises of mass deportations and border security. Some actions took effect immediately, while others faced legal challenges. Other orders, even if ultimately implemented, could take years, but this has already sparked panic in immigrant communities.

Whether Trump will be able to implement his agenda may depend on funding. Congress is expected to consider funding support soon. Trump may use emergency powers to tap the Department of Defense, as he did during his first term for the border wall.