Topline
A federal judge in Maryland indefinitely blocked President Donald Trump’s executive order that sought to end birthright citizenship for children of undocumented and temporary immigrants born in the U.S.—meaning the order likely won’t go into effect later this month as planned, multiple outlets reported Tuesday.
U.S. President Donald Trump speaks alongside newly confirmed Attorney General Pam Bondi during her ... [+]
Key Facts
U.S. District Judge Deborah L. Boardman’s ruling marked the second time the order has been stopped by a judge in as many weeks—and a longer-term pause than the temporary freeze imposed last month.
Boardman’s injunction will remain in effect until the case is resolved and will apply nationally, The Washington Post reported.
Boardman heard arguments earlier on Wednesday from five pregnant undocumented women who, along with nonprofits, filed a lawsuit against the Trump administration alleging the order violated the Constitution, ABC News reported.
Birthright citizenship is protected by Supreme Court precedent, Boardman said in her judgment, and she found it “very likely” the plaintiffs would succeed in their case as Trump’s order “conflicts with the plain language of the 14th Amendment.”
Boardman heard arguments earlier on Wednesday from five pregnant undocumented women who, along with nonprofits, filed a lawsuit against the Trump administration alleging the order violated the Constitution, ABC News reported.
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What Is The 14th Amendment?
The Constitution’s 14th Amendment 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.” Trump’s executive order claimed the Amendment has “never been interpreted” to give universal citizenship to everyone born in the U.S., claiming the phrase “subject to the jurisdiction thereof” doesn’t include undocumented immigrants and others, though most legal experts do not accept that interpretation of the Constitution. In her judgment, Boardman said “no court in the country has ever endorsed the president’s interpretation,” adding: “This court will not be the first.”
Key Background
Trump signed an executive order on his first day back in office that stated people born in the U.S. are not citizens if their mother is undocumented or in the U.S. on a “lawful but temporary” basis—like a student, tourist or work visa—and the father isn’t a citizen or permanent resident. The move sought to upend the U.S.’s longstanding practice under the 14th Amendment of granting citizenship to virtually everybody born in the country, regardless of their parents’ immigration status. Ending birthright citizenship was one of a number of changes Trump said he would make as part of his crackdown on immigration, along with mass deportations. He had floated the idea during his first campaign for president in 2016 and during his first time, but he never took action on it while in office.
Tangent
Boardman’s injunction came nearly two weeks after a judge in Seattle temporarily blocked the executive order from taking effect after calling it “blatantly unconstitutional.” Judge John Coughenour granted his 14-day injunction at the request of Democratic-led states who sued over the executive order. At the hearing blocking Trump’s order, Coughenour said, “I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear.”
Further Reading
Can Trump End Birthright Citizenship? What To Know After Judge Blocks Executive Order (Forbes)
