Federal Judge Stops Controversial Citizenship Law, Creating Uncertainty

In a ruling that has nationwide implications, a federal judge in Greenbelt, Md., has put an indefinite hold on President Donald Trump’s executive order to restrict birthright citizenship. The judge stated that U.S. citizenship is a fundamental right, as important as life or liberty, and that the executive order contradicts the 14th Amendment, established Supreme Court precedents, and the longstanding tradition of birthright citizenship in the country. This decision, made during a hearing in Greenbelt by U.S. District Judge Deborah L. Boardman, prevents the order from taking effect on its scheduled date of Feb. 19.

This ruling is the second temporary injunction against the executive order, following a lawsuit brought by the Asylum Seeker Advocacy Project, CASA, and the Institute for Constitutional Advocacy and Protection at Georgetown Law on behalf of pregnant women and their advocates. Another federal judge in Seattle, U.S. District Judge John Coughenour, also issued a nationwide preliminary injunction against the order, emphasizing the importance of upholding the rule of law and declaring the administration’s actions as unconstitutional.

Trump’s executive order, titled “Protecting the Meaning and Value of American Citizenship,” aimed to restrict birthright citizenship to individuals with at least one parent who is a U.S. citizen or permanent resident. The order would have affected children born to parents legally present in the country but on temporary visas, potentially denying them automatic citizenship rights.

The plaintiffs in the case celebrated the court’s decision as a victory, emphasizing the importance of protecting the rights of immigrants and their children. George Escobar, chief of programs and services at CASA, highlighted the ongoing struggle against the Trump administration’s policies, while Swapna Reddy, co-executive director of ASAP, expressed relief for families affected by the chaos caused by the executive order.

Trinidad, an asylum-seeker and plaintiff in the lawsuit, expressed gratitude for the court’s decision, acknowledging the impact on families seeking safety and security in the United States.

The following statement expresses concern over the fear that their babies may be denied the right to U.S. citizenship, despite being born in the country. Ahead of the judge’s decision regarding an executive order, multiple pregnant women impacted by the order shared their worries with NBC News. The anticipation of welcoming their newborns into the world has been overshadowed by the anxiety of potential separation or the risk of their babies being deprived of U.S. citizenship rights. The Justice Department has the option to appeal the recent preliminary injunction to the U.S. 4th Circuit Court of Appeals. It remains unclear whether the department intends to pursue such an appeal, as the lawyer involved in the case did not confirm any plans for an appeal. Approximately two dozen states have filed lawsuits against the Trump administration challenging the order, arguing that it violates the 14th Amendment, which guarantees citizenship to all individuals born in the U.S. and subject to its jurisdiction. A federal judge in Seattle previously issued a temporary restraining order for 14 days on January 23, and cases related to the order will proceed regardless of the recent decision. During the legal proceedings in Seattle, the Justice Department lawyers representing the Trump administration emphasized that the order is a crucial component of the president’s efforts to address the immigration challenges and border crisis facing the nation.

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