A second federal judge has blocked the Trump administration’s plan to limit birthright citizenship in the United States. The ruling came after a Maryland judge determined that no court in the country has ever supported the Republican president’s interpretation of the Constitution.
On Wednesday, U.S. District Judge Deborah Boardman ruled in favor of two immigrant rights groups and five pregnant women who argued that their children could be denied U.S. citizenship due to their parents’ immigration status. The judge’s decision prevents the Trump administration’s policy from taking effect on February 19, pending further legal proceedings.
“Today, virtually every baby born on U.S. soil is a U.S. citizen upon birth,” Judge Boardman said. “That is the law and tradition of our country, and it will remain the status quo while this case is decided.”
The Justice Department requested 60 days to respond to the injunction but did not indicate whether it would appeal the decision.
Boardman’s nationwide order offers a longer pause than a previous 14-day block issued by Seattle-based Judge John Coughenour in late January. Coughenour called Trump’s order “blatantly unconstitutional” and is expected to consider a longer injunction on Thursday.
The executive order, signed by Trump on his first day back in office, directed U.S. agencies to deny citizenship to children born in the U.S. if neither parent is a U.S. citizen or lawful permanent resident. This is part of Trump’s ongoing efforts to tighten immigration policies.
Lawyers for CASA, an immigrant rights group, and the Asylum Seeker Advocacy Project argued that Trump’s order violated the 14th Amendment, which grants citizenship to anyone born in the U.S. Boardman noted that Trump’s interpretation of the Constitution has been repeatedly rejected by the Supreme Court.
“In fact, no court has ever endorsed the president’s interpretation,” Boardman said. “This court will not be the first.”
This case is one of several lawsuits filed by Democratic state attorneys general and immigrant rights advocates challenging the policy. Under Trump’s plan, children born after February 19 whose parents are not U.S. citizens or lawful residents would face deportation. They would also be barred from obtaining Social Security numbers, government benefits, and legal employment in the future.
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