A federal judge in the United States has halted President Donald Trump’s move to eliminate birthright citizenship for children born to parents who are in the country illegally or on a temporary basis.
In her ruling, Maryland district Judge Deborah Boardman emphasized that under current law and tradition, nearly every baby born on US soil is granted US citizenship at birth. The judge’s decision extends the suspension on Trump’s executive order from January 20 until further legal proceedings conclude, which could span several months or even years.
This development follows a previous ruling by a federal judge in Seattle, who denounced Trump’s order as “blatantly unconstitutional” and issued a 14-day restraining order. Another hearing is scheduled to take place once this temporary order expires on Thursday.
Experts anticipate that the Trump administration will appeal the recent ruling. Ending birthright citizenship is a component of President Trump’s effort to address illegal immigration in the US.
The executive order, set to become effective on February 19, aimed to withhold automatic citizenship for newborns if neither parent was a US citizen or lawful permanent resident. Judge Boardman’s ruling on Wednesday countered this order, citing the country’s long-standing history of birthright citizenship over the past 250 years.
The legal dispute revolves around the interpretation of the 14th Amendment to the US Constitution, which was ratified shortly after the Civil War. The amendment states that individuals born or naturalized in the United States and subject to its jurisdiction are citizens of the country.
The Trump administration argues that this clause does not apply to children of non-citizens residing unlawfully in the US and asserts that the order is crucial to addressing immigration challenges.
Conservatives have argued that birthright citizenship acts as an incentive for illegal immigration and is being misused through practices like birth tourism, where individuals travel to the US to give birth to a child who would receive US citizenship.
The challenge to the executive order in Maryland was initiated by two immigrant rights groups on behalf of five pregnant women. One of the pregnant women, identified as Trinidad Garcia, expressed relief after the judge’s ruling, stating that it eases concerns about the future citizenship status of her child.
According to 22 Democratic state attorneys general opposing Trump’s policy, over 150,000 babies could be impacted annually by the executive order.
A pivotal court hearing involving over a dozen states challenging an executive order by former President Trump is set to take place this Friday in Massachusetts.