SEATTLE (TIP): A federal judge in Seattle has temporarily blocked an executive order by President Donald Trump that sought to curtail birthright citizenship in the United States.
The ruling came as a relief to Indian families living in the US, especially those on temporary H1B or L1 visas, which do not grant permanent residency.
US District Judge John Coughenour granted a temporary restraining order halting enforcement of the policy for 14 days while the court considered a preliminary injunction.
The order, signed by Trump on his Day One in office directed federal agencies to deny citizenship to children born in the US if neither parent is a citizen or legal permanent resident. The ruling marks the first major legal setback for Trump’s renewed effort to redefine American citizenship laws.
The order, signed by Trump, is slated to take effect on February 19. It could impact hundreds of thousands of people born in the country, according to one of the lawsuits.
The US is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied.
Doctors and gynecologists in the US had reported a sudden increase in the number of pregnant Indian women, on such visas, asking for a caesarean, to ensure pre-term delivery of their children, i.e., before February 20, which is when Trump’s new mandate goes into effect.
The rush was because children born before that date would be granted citizenship, while those born after would not be. They would only become citizens if at least one parent is already a citizen or a Green Card holder. If not, then out they go, when they turn 21.
Law ratified in 1868
Ratified in 1868 in the aftermath of the Civil War, the amendment says: “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.”
Trump’s order asserts that the children of non-citizens are not subject to the jurisdiction of the United States, and orders federal agencies not to recognize citizenship for children who don’t have at least one parent who is a citizen.
A key case involving birthright citizenship unfolded in 1898. The Supreme Court held that Wong Kim Ark, who was born in San Francisco to Chinese immigrants, was a US citizen because he was born in the country. After a trip abroad, he faced being denied re-entry by the federal government on the grounds that he wasn’t a citizen under the Chinese Exclusion Act.
But some advocates of immigration restrictions have argued that the case clearly applies to children born to parents who were both legal immigrants. They say it’s less clear whether it applies to children born to parents living in the country illegally.