Birthright Citizenship Row: In a major relief to thousands of immigrants, a US judge has temporarily halted US President Donald Trump’s executive order ending birthright citizenship, calling it “patently unconstitutional” on Thursday.
On January 20, in the early hours of his second term as president, Trump signed the order, declaring that future children born in the country to undocumented immigrants will no longer be considered citizens. The order will also apply to children of some mothers living in the country legally but temporarily.
What is Trump’s order?
Trump’s executive order states that the children of such non-citizens are not subject to US jurisdiction. Thus they do not fall under the long-standing constitutional guarantee of the 14th Amendment. Trump’s move will not only affect illegal immigrants from around the world. But students and professionals from India will also be affected.
Judge said it was ‘unconstitutional’
Calling it “patently unconstitutional”, US District Judge John Coughenour issued a temporary injunction at the urging of four Democratic-led states – Washington, Arizona, Illinois and Oregon – blocking the administration from enforcing the order. This development happened just three days after Trump signed the executive order on his first day in office.
“I’m at a loss to understand how a member of the bar can state categorically that this order is constitutional,” Judge John Coughenour said. “It boggles my mind,” the judge told a US Justice Department lawyer defending Trump’s order.
The judge said of Donald Trump’s policy, “I’ve been on the bench for four decades. I can’t remember another case where the question presented is as clear as this one. This is a clearly unconstitutional order.”
Coughenour, 84, asked DOJ lawyer Brett Shumate if Shumate personally believed the order was constitutional. “Children born today under this order will not be considered U.S. citizens,” Washington state Assistant Attorney General Len Polozola told the judge during the hearing. Justice Department lawyer Brett Shumate argued that Donald Trump’s action was constitutional and called any judicial order blocking it “deeply inappropriate.”
Coughenour said he had signed the temporary restraining order. Shumate said the argument the Trump administration is making now has never been litigated before. There was no reason to issue a 14-day temporary restraining order when it will expire before the executive order takes effect. The Justice Department later said in a statement that it would vigorously defend the president’s executive order.
Indian-American lawmakers protested
Indian-American lawmakers have opposed US President Donald Trump’s executive order to change the rule of automatic citizenship for anyone born in the US. Indian-American lawmaker Ro Khanna said that the change in the rule of birthright citizenship through the executive order will not only affect the newborn babies of illegal and undocumented immigrants. But it will also affect people living legally in this country on H-1B visa.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Technology companies rely on this visa program to hire thousands of employees every year from countries like India and China.
