A US federal judge has provisionally restrained President Donald Trump’s executive order that denies automatic birthright citizenship to children born in the US. It was a setback for the Trump administration in its second term when the court called the order “blatantly unconstitutional.”
The order contests the citizenship clause of the 14th Amendment, which grants US citizens birthright citizenship.
With a strong remark, US District Judge John Coughenour, acting on a request of four states with Democratic majorities, issued a temporary restraining order that stopped Trump’s administration from executing the order for 14 days.
For context, Trump signed this executive order instructing US agencies to refuse citizenship to children born in the US if neither parent was a citizen or lawful permanent resident of the United States. The order was reportedly signed on January 20, his first day in office.
The jury’s decision was made public following a series of lawsuits filed by civil rights organisations and Democratic-led states questioning the intended reversal of birthright citizenship in the US.
“I have been on the bench for over four decades. I cannot remember another case where the question presented was as clear as this one is,” Judge Coughenour, addressing Justice Department attorney Brett Shumate, was quoted as saying. “This is a blatantly unconstitutional order.”
During the hearing, Coughenour, 84, vehemently disagreed with Shumate’s views on the order’s constitutionality. “I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” Coughenour reportedly said.
Shumate, meanwhile, asserted that such an order had not been litigated in court in the past. He argued that a temporary restraining order should not be issued since it would expire before the executive order could take effect.
The case is one of the first major legal challenges to Trump’s agenda during his second stint.
The next hearing is scheduled for February 6 to determine whether the temporary restraining order should continue.
According to media reports, Washington, Arizona, Illinois, and Oregon hold the view that Trump’s order violates the 14th Amendment’s citizenship clause. Additionally, the American Civil Liberties Union (ACLU) and other immigrant rights organisations have also filed separate lawsuits, intensifying the legal battle over birthright citizenship.
The case’s outcome could fan debates about immigration and citizenship, with the involvement of state governments and civil rights organisations.
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