President Trump has sought to limit citizenship to US-born children with at least one American parent, but the appeals court rejected it twice. Next destination: Supreme Court.
Trump’s birthright citizenship efforts blocked by a judge
The federal judge has once again blocked President Trump’s executive order limiting birthright citizenship despite a recent Supreme Court decision.
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BOSTON – President Donald Trump’s efforts to reduce birthright citizenship were declared unconstitutional by the 2nd U.S. Court of Appeals on Friday, October 3rd, giving him another defeat in the core part of his hardline immigration agenda, with the ultimate fate of the Supreme Court.
A three-judicial panel of judges from the Boston-based First Circuit Court of Appeals supported an injunction won by democratically-led states and immigration rights advocates that prevented the Republican president’s executive order from being enacted.
The Trump order issued on the first day of his inauguration on January 20th instructs agencies to refuse to grant citizenship to a US-born child without at least one parent who is also known as the owner of a “green card” or a legal permanent resident.
The principle of birthright citizenship comes from the 14th Amendment, which has been recognized in the United States for over 150 years and states that those born in the United States are considered citizens.
Another court of appeals, San Francisco-based Court of Appeals for the Ninth Circuit, supported a nationwide in July injunction that would stop Trump’s order from becoming effective on the grounds that it violated the citizenship clause of the 14th amendment of the U.S. Constitution.
The administration last week called on the U.S. Supreme Court to hear any appeals in that case and related claims. If the Supreme Court agrees, it marks the second time the case has been in front of the High Court after the conservative majority of June 6-3 restricted the judge’s authority to block other actions by Trump nationwide.
The Supreme Court at the time did not oppress the effectiveness of Trump’s birthright citizenship order. However, in three cases where judges declared unconstitutional, the courts limited the judge’s ability to issue so-called universal injunctions and the ability to direct lower courts that blocked Trump’s policies nationwide to reconsider the scope of the order.
The Supreme Court decision opens the door to Trump’s orders that are effective in parts of the country, promoting immigration and state uncertainty, and tackles the potential impact of the patchwork system of citizenship rules. But since then, judges on the lower court have repeatedly blocked it from being held anywhere in the country.
The First Circuit was considering a ruling in February by District Judge Leo Sorokin of Boston, an appointee of Democratic President Barack Obama, who supports 18 Democratic states and the District of Columbia.
After the Supreme Court’s June ruling, he reaffirmed his original decision to suspend policies across the country.
He said a patchwork approach to citizenship would cause confusion given the substantial movement of non-citizen parents and children between the states and the impact that Trump’s order will have on managing social services for them.
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