
Another Federal Judge Blocks Trump’s Birthright Citizenship Order
- James Smith
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A federal judge has once again blocked President Trump’s directive aimed at terminating birthright citizenship for the offspring of undocumented immigrants, marking the third such ruling since a significant Supreme Court decision in June.
U.S. District Judge Leo Sorokin, appointed by Obama, supported the position of over a dozen states, asserting that their nationwide injunction remains in effect despite the recent restrictions imposed by the Supreme Court on nationwide rulings, as reported by The Associated Press.
The states contend that the order is unconstitutional and jeopardizes their budgets by depriving children of the citizenship benefits associated with health and social services.
Sorokin concurred, dismissing the administration’s effort to limit the ruling and stating that a fragmented approach to enforcement would be ineffective due to the mobility of individuals between states.
He also criticized the government’s legal rationale, indicating that they had not adequately demonstrated how their proposal would be feasible or lawful.
“Specifically, they have not addressed what makes a proposal feasible or workable, how the defendant agencies could implement it without imposing significant administrative or financial burdens on the plaintiffs, or how it aligns with other pertinent federal statutes,” Sorokin noted.
“In fact, they have dismissed such inquiries as irrelevant to the task currently before the Court. The defendants’ stance in this matter contradicts both legal principles and logical reasoning,” he added.
New Jersey Attorney General Matthew Platkin, who played a key role in the challenge, commended the ruling.
“I am delighted that the district court has once again prevented President Trump’s blatantly unconstitutional birthright citizenship order from being enacted anywhere,” he stated.
“Babies born in America are American citizens, just as they have been throughout our Nation’s history. The President cannot alter that legal principle with a mere signature,” he remarked.
White House spokesperson Abigail Jackson issued a statement indicating that the administration anticipates being “vindicated on appeal.”
The administration has yet to submit any appeals regarding the three rulings currently obstructing the executive order.
Earlier this month, a federal judge in New Hampshire imposed a nationwide block in a class-action lawsuit and temporarily halted the order; however, without an appeal filed, his ruling remains in effect. Additionally, an appeals court in San Francisco determined this week that the order is unconstitutional and confirmed a lower court’s nationwide block.
A judge in Maryland has indicated that she would also impose a nationwide injunction if an appeals court grants her permission.
Although the Supreme Court has recently restricted the capacity of lower courts to issue nationwide injunctions, it has allowed for exceptions — including those related to class actions and lawsuits initiated by states.
The Trump administration contends that the 14th Amendment applies solely to children born to individuals who are “subject to the jurisdiction” of the United States — a definition they argue excludes illegal immigrants and temporary visitors.
Opponents assert that the Constitution is unequivocal, maintaining that the amendment guarantees citizenship to anyone born on American soil.
Plaintiffs in the Boston case contend that the president lacks the authority to negate this principle through an executive order, describing it as a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.”
They also caution that this could result in significant financial losses for states, affecting funding for vital services such as foster care, low-income child health care, and programs for students with disabilities.
The Fourteenth Amendment was enacted in 1868 in the aftermath of the Civil War to reverse the Dred Scott decision, which had denied citizenship to a man born into slavery.