The top line
President Donald Trump’s executive order ending “birthright citizenship” — which automatically grants citizenship to anyone born in the U.S. — is on hold, as a federal judge in Washington on Thursday ruled that the Democratic-led Granted the states’ request to stay the order pending litigation.
President Donald Trump signs executive orders in the Oval Office on January 20 in Washington, DC.
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Key facts
Judge John Cognore Order called According to multiple outlets, the bench’s scathing remarks during Thursday’s hearing were “clearly unconstitutional”. is asking“Where were the lawyers” when it was written.
Trump signed an executive order on Monday that rescinded America’s long-standing practice of “birthright citizenship,” saying instead that, within 30 days, anyone born to parents who are citizens or are not permanent U.S. residents, will not automatically be granted citizenship—even if their parents are. Are in the US legally, such as on a student visa or work visa.
The decision is one of five lawsuits filed against the birthright citizenship order so far, brought by Democratic attorneys general in Washington, Arizona, Illinois and Oregon.
The 14th Amendment to the Constitution states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” which has long been interpreted to mean that anyone born In America, citizenship, and states are combined. Discussion Changing that interpretation means thousands of people born in the US will be “placed in positions of instability and insecurity throughout their lives as part of a new underclass in America.”
Trump and his allies claim the “subject to jurisdiction” clause means birthright citizenship does not apply to people whose parents are not citizens or permanent residents, and the Justice Department Argued States also do not have standing to challenge the order as it affects their residents.
Cognore’s order does not permanently end Trump’s executive order Thursday, but it has been put on hold for 14 days while litigation continues over whether the order is legal. CNN.
Important quote
“I’ve been on the bench for four decades. I can’t remember another case where the question presented was so clear,” Cognore — who was appointed by President Ronald Reagan — said at Friday’s hearing to block Trump’s order. Duran said, as quoted by him. CNN.
What to watch for?
Other lawsuits challenging Trump’s birthright citizenship order — brought by civil rights groups and other Democratic-led states — are still pending, though one of them is scheduled for a Feb. 5 hearing. . A number of cases have raised the possibility that courts may issue Various rulings on the executive order, and it is likely that it will ultimately be left to the Supreme Court to make the final decision on the scope of birthright citizenship.
Big number
That’s the number of children born in the U.S. in 2022 who had two undocumented parents and thus would not be citizens under Trump’s executive order, the 153,000 states said in a filing. The actual number of U.S.-born individuals affected by the order will be much higher, however, as it also applies to a wide range of people whose parents are not U.S. citizens or permanent residents, such as children of international students and those who have been relocated. USA on work visa.
Chief critic
Trump’s interpretation of birthright citizenship — that the 14th Amendment does not expressly grant citizenship to the children of noncitizens or permanent residents — runs counter to the overwhelming majority of legal experts as well as Supreme Court precedent. To hold that the Fourteenth Amendment to the Constitution excludes from citizenship children born in the United States or citizens of other countries is to deny citizenship to thousands of English, Scotch, Irish, German, or other European parents. who shall always be considered and treated as citizens of the United States,” the court wrote in 1898 in United States v. Wong Kim Ark. Legal experts have criticized the right-wing interpretation by Trump and others. Widely rejected: As former United States Military Academy law professor Margaret Stock describes it NPR In 2018, as an “insanity argument” and University of Massachusetts, Amherst, professor Rebecca Hamlin told the outlet that any advocate who believed it was “like a unicorn.”
Can Trump get rid of the birthright citizenship clause?
Trump’s executive order reinterpreting the 14th Amendment to exclude children of immigrants is the only way he has a chance to unilaterally change the law. The president could not completely repeal the birthright citizenship clause, because amending the Constitution to remove the clause would require a vote of at least two-thirds of both houses of Congress, plus at least three-fourths of the House of Representatives. Approval by the states will be required.
Surprising fact
Trump’s birthright citizenship order is part of his broader goal of reducing immigration, with his Justice Department telling the court that the move is an “integral part” of Trump’s effort to “fix this country’s broken immigration system.” to resolve.” DOJ attorneys claimed that the presence of undocumented immigrants “presents significant risks” that “warrant complete disruption of immigration enforcement.” Studies have found that getting rid of birthright citizenship would dramatically increase the number of undocumented immigrants in the U.S., however, given that thousands of people who would otherwise be citizens are now undocumented immigrants. will be considered homeland. Oh study A report released by the Migration Policy Institute in September 2010 found that if birthright citizenship ended only for those with two undocumented parents, there would be 16 million undocumented immigrants by 2050, which Birthright is 44% higher than retention of citizenship. The scope of Trump’s executive order is broader than the study suggests, which means the actual number of immigrants is likely to be even higher.
Key background
Trump signed an executive order on birthright citizenship on his first day in office after long promising to do so. Yes, absolutely,” he told “Meet the Press” in December when asked if he still plans to “end birthright citizenship on day one.” He also announced an end to birthright citizenship during the term, though he ultimately took no action on it.Trump’s birthright citizenship is part of a broader crackdown on immigration expected during his second term. Trump on Monday Rose has also signed executive orders that have taken measures such as ordering mass deportations, and the president has proposed taking measures to target other immigration programs such as family-based visas.
