A federal judge on Wednesday indefinitely blocked Donald Trump‘s executive order targeting birthright citizenship in the United States. “The denial of the precious right to citizenship will cause irreparable harm,” District Judge Deborah Boardman stated during proceedings at a Maryland court.
This is a major setback to the president’s efforts to eliminate a constitutional right established over a century ago. The ruling will stop the presidential directive, which was scheduled to take effect across the nation on February 19.
Boardman referenced Supreme Court precedent safeguarding birthright citizenship and observed that Trump’s directive “conflicts with the plain language of the 14th Amendment,” according to the Washington Post.
“No court in the country has ever endorsed the president’s interpretation. This court will not be the first,” ” she said.
This injunction follows a 14-day enforcement suspension of Trump’s executive order, issued in January by a federal judge in Washington state.
In that instance, US District Judge John Coughenour deemed the order “blatantly unconstitutional,” although Trump promptly informed reporters of his intention to appeal.
The 14th Amendment of the US Constitution guarantees birthright citizenship to all persons born on American soil.
Trump’s directive was based on the assertion that individuals present illegally or on visas were not “subject to the jurisdiction” of the United States, thus excluding them from citizenship rights.
Critics maintain that the 14th Amendment, ratified in 1868 during post-Civil War reconstruction, has remained established law for more than 100 years.
They reference an 1898 US Supreme Court decision regarding Wong Kim Ark, a Chinese-American denied re-entry to the United States based on citizenship disputes.
The court confirmed that children born in the United States, including those of immigrant parents, maintain their right to citizenship.