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A second federal judge blocked this Wednesday the decree issued by the President of the United States, Donald Trump, which sought to eliminate citizenship by birthright.
The lawsuit was filed in Maryland by five pregnant women and two immigrant rights organizations, who argued that their children could be unconstitutionally deprived of U.S. citizenship.
During the hearing, Boardman emphasized that Trump's decree conflicts with the text of the 14th Amendment of the Constitution, which guarantees citizenship to all individuals born in the United States.
He also stated that the executive order contradicts over a century of Supreme Court precedents.
“No court in the country has supported the president's interpretation”, the judge stated, according to remarks collected by CNN.
"This court will not be the first," he added.
Boardman, appointed by former President Joe Biden, determined that the injunction should be applied nationwide to ensure "complete relief" to those affected.
"The government will not be harmed by a precautionary measure preventing it from implementing a decree that is likely to be declared unconstitutional," the judge affirmed.
Legal arguments and court decision
Your order will remain in effect while the lawsuit against the decree progresses, although the Trump administration is expected to appeal it in a federal court in Richmond. If this happens, the case could reach the Supreme Court.
While reading his ruling, Boardman emphasized the "irreparable harm" that Trump's order would cause if it were allowed to take effect.
“Children subjected to the decree will be denied the rights and benefits of U.S. citizens, and their parents will face instability and uncertainty regarding the citizenship status of their unborn babies,” she warned.
Joseph Mead, attorney for the plaintiffs, argued that the 14th Amendment has been interpreted for over a century as a guarantee of citizenship for all individuals born in the United States.
"The parents referred to in the decree have lived in the U.S. for decades," Mead explained.
“They are not temporary visitors; they have made this country their home and have the right for their children to be recognized as citizens,” he added.
For his part, Trump's government lawyer, Eric Hamilton, defended the order by arguing that the drafters of the 14th Amendment did not intend to create a legal loophole that could be exploited by undocumented immigrants or temporary visitors.
He also stated that blocking the decree was premature, as the federal agencies had not yet begun to develop policies for its implementation.
However, Judge Boardman rejected that argument, asserting that the text of the decree was sufficient to assess its legality.
"Why do we need more than what is stated in the decree to understand the policy?" questioned the magistrate.
Reactions and the future of the decree
The Boardman ruling, of national significance, represents a significant setback for the decree signed by Trump on his first day back in the White House, January 20.
The order had been quickly challenged in court and was temporarily suspended days later by another judge.
The Boardman ruling was celebrated by immigrant rights organizations. Swapna Reddy, co-executive director of the Asylum Seeker Advocacy Project (ASAP), described the decision as a relief for many families who feared the consequences of the decree.
Trump's decree, titled “PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP,” stated that the federal government would not issue documents recognizing American citizenship for children born in the U.S. to parents in irregular immigration status or with temporary legal status. The measure was set to take effect 30 days after its signing.
With several legal proceedings underway in different states, legal experts consider it likely that the case will end up in the Supreme Court, where the future of birthright citizenship in the United States will be decided.
Frequently Asked Questions about Birthright Citizenship and Donald Trump's Actions
What is citizenship by birthright in the United States?
Birthright citizenship is a principle established by the 14th Amendment of the United States Constitution, which grants automatic citizenship to any person born on U.S. soil, regardless of their parents' immigration status. This provision has been criticized by Donald Trump, who has expressed his intention to abolish it through executive action.
Is it possible to eliminate birthright citizenship in the United States with an executive order?
It is not possible to eliminate birthright citizenship through an executive order, as it is guaranteed by the 14th Amendment of the U.S. Constitution. Any attempt to change this provision requires a constitutional amendment, which is a complex process involving the approval of two-thirds of both chambers of Congress and the ratification by three-fourths of the states. Legal experts deem Trump's proposal unconstitutional.
What impact would the elimination of birthright citizenship have in the United States?
The elimination of birthright citizenship would have a devastating impact on millions of immigrant families and on the U.S. economy. It would create new classes of "stateless" individuals, children born in the U.S. without nationality or access to basic rights, affecting mixed-status families and further complicating the immigration system.
What are the reactions to Trump's proposal to abolish birthright citizenship?
The proposal by Trump has generated mixed reactions. While Democrats and human rights organizations label it unconstitutional and an attack on civil rights, the conservative base and Trump supporters endorse it, viewing it as a necessary step to control immigration.
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