A federal judge in New Hampshire has issued an immediate injunction blocking President Donald Trump's effort to restrict birthright citizenship, the latest to do so as challenges are heard across the country.
The New Hampshire challenge is brought by the American Civil Liberties Union and alleges that the Trump administration is "flouting the Constitution’s dictates, congressional intent, and longstanding Supreme Court precedent."
“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values," said Anthony Romero, executive director of the American Civil Liberties Union. "Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans."
The Department of Justice and ACLU argued back and forth over the interpretation of a line in the 14th Amendment to the Constitution.
“It involves just a phrase that is the jurisdiction of which the person resides at the time of birth," explained Jane Fogarty, a member of the Republican National Committee.
Fogarty said the president is trying to keep a campaign promise by removing incentives for those coming into the country illegally.
“A lot of migrants that come into the country and or just fly in from anywhere even if they're not planning on staying here and have a baby in the US as a so-called anchor baby to get citizenship," she said.
The ACLU's legal challenge is running parallel to that of a coalition of attorneys general from more than a dozen states who are also seeking an injunction and were heard by a federal judge in Boston last week.
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“The fact that you've seen judges from across the country different backgrounds different states all say that this order is clearly illegal reflects that the constitutional text is clear, the history is clear, the precedent is clear," said Cody Wofsy, of the ACLU’s Immigrants’ Rights Project
After arguments in federal court in Concord Monday morning, the judge sided with the plaintiffs and issued an immediate injunction on the executive order. He said he would soon be issuing the reasoning behind that decision while the judge in Boston continues to weigh whether to issue an injunction of his own.
“Today’s ruling is the latest rebuke of President Trump’s wildly unconstitutional bid to end birthright citizenship,” Wofsy said after the hearing Monday“This attempt to deny babies their citizenship is as illegal as it is inhumane, and we will keep fighting until we stop this order for good.”
This is one of many challenges to the order coming in across the country. Last week two other federal judges - one in Maryland and one in Seattle - blocked the order.
A federal judge in Boston has also taken arguments under advisement in another challenge of the executive order.
Trump's order aims to set new national policy by stating that U.S. government agencies shall not issue to people documents recognizing U.S. citizenship, or accept documents issued by state, local, or other governments or authorities purporting to recognize U.S. citizenship, under certain circumstances.
According to the order, the circumstances are when the person’s mother was unlawfully present in the U.S. The birthright order aims to rewrite the existing national policy, stating that U.S. government agencies shall not issue to people documents recognizing U.S. citizenship, or accept documents issued by state, local, or other governments or authorities purporting to recognize U.S. citizenship, under certain circumstances.
According to the order, the circumstances are when the person’s mother was unlawfully present in the U.S. and the person’s father was not a U.S. citizen or lawful permanent resident at the time of the person’s birth, or when the person’s mother’s presence in the U.S. was lawful but temporary, and the person’s father was not a U.S. citizen or lawful permanent resident at the time of the person’s birth. It calls into question the intention of the Constitution's 14th amendment.
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