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Third federal judge blocks Trump's order to end birthright citizenship
Third federal judge blocks Trump's order to end birthright citizenship
Third federal judge blocks Trump's order to end birthright citizenship

Published on: 02/10/2025

Description

WASHINGTON (TNND) — A third federal judge has blocked President Donald Trump's executive order ending birthright citizenship.

U.S. District Judge Joseph N. Laplante in New Hampshire ruled Monday morning after two similar rulings in Seattle and Maryland saying he wasn't persuaded by the Trump administration's defense of the executive order.

At least nine lawsuits have been filed to challenge the birthright citizenship order.

The American Civil Liberties Union (ACLU) filed the New Hampshire lawsuit saying that Trump's order violates the Constitution and "attempts to upend one of the most fundamental American constitutional values."

"Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is," the ACLU wrote in a release announcing the lawsuit. "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. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration's overreach is so egregious that we are confident we will ultimately prevail."

Birthright citizenship is guaranteed under the 14th Amendment to the Constitution which states that "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."

However, in his executive order, Trump reinterprets the words in the 14th Amendment.

"The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text."

The administration is appealing the Seattle judge's block on Trump's executive order.

A federal judge in Boston heard arguments last week at the request of 18 state attorneys general. U.S. District Judge Leo Sorokin, who was appointed by Democratic President Barack Obama, did not immediately rule.

The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli, or “right of the soil” — is applied. Most are in the Americas and Canada and Mexico are among them.

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Editor's note: The Associated Press contributed to this article.

News Source : https://wfxl.com/news/nation-world/third-federal-judge-new-hampshire-blocks-president-donald-trumps-order-to-end-birthright-citizenship-illegal-immigration-american-civil-liberties-union-constitution-14th-amendment

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