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A federal judge has blocked the enforcement of former President Donald Trump’s executive order restricting birthright citizenship in the United States.
The ruling, issued Wednesday, indefinitely halts one of Trump’s most controversial policies, which was set to take effect on February 19.
According to The New York Times, District Judge Deborah Boardman ruled that denying birthright citizenship would cause irreparable harm. She emphasised that Supreme Court precedent upholds the right to citizenship for those born on U.S. soil.
Boardman further stated that Trump’s order contradicts the clear language of the 14th Amendment, which guarantees citizenship to anyone born in the country.
“The denial of the precious right to citizenship will cause irreparable harm.
“No court in the country has ever endorsed the president’s interpretation,” Boardman said. “This court will not be the first,” as reported by The New York Times.
The ruling follows a similar decision by a federal judge in Washington state, who temporarily blocked the order with a 14-day stay in January.
Judge John Coughenour condemned the measure as “blatantly unconstitutional,” prompting Trump to vow an appeal.
At the heart of the legal battle is the 14th Amendment, ratified in 1868, which guarantees citizenship to all individuals born in the United States.
Trump’s executive order argued that those in the country illegally or on temporary visas were not subject to U.S. jurisdiction and therefore not entitled to citizenship.
Opponents of the order have pointed to an 1898 Supreme Court ruling in United States v. Wong Kim Ark. The case involved a Chinese-American man denied reentry to the U.S. on the grounds that he was not a citizen. The court ruled in his favour, affirming that birthright citizenship extends to children of immigrants.
