US federal judge blocks Trump’s birthright citizenship order calling it ‘blatantly unconstitutional’ News
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US federal judge blocks Trump’s birthright citizenship order calling it ‘blatantly unconstitutional’

US federal judge John Coughenour issued a temporary restraining order Thursday against Trump’s executive order restricting birthright citizenship for children of non-citizens, calling it “blatantly unconstitutional.”

Coughenour found that the executive order would cause irreparable harm to the plaintiff states. The executive order cuts federal funding for providing essential and legally required medical care and social services to resident children. In other words, the plaintiff states will bear the administrative and financial burden of providing those services to birthright citizens.

The court also found “a strong likelihood” that the executive order violates the constitutional rights to citizenship of the plaintiff states’ residents by denying them access to basic services and exposing birthright citizens to the risk of deportation and family separation.

At the hearing, Coughenour said, “I have been on the bench for over four decades. I can’t remember another case where the case presented is as clear as it is here …This is a blatantly unconstitutional order.”

Washington, Arizona, Illinois, and Oregon had challenged the executive order Tuesday, contending that it violates the Fourteenth Amendment of the US Constitution and the Immigration and Nationality Act, both of which guarantee birthright citizenship to those born in and subject to the jurisdiction of the US. Attorneys general from 22 states and several rights groups also filed similar lawsuits.

President Donald Trump signed the executive order Monday on his first day in office. The order states that children of non-citizens, including immigrants in the country illegally and residents with temporary visas, do not enjoy birthright citizenship because they are not “subject to the jurisdiction of the US.” The order requires government departments and agencies not to recognize the citizenship of these individuals.

The birthright citizenship order is one of many controversial orders that Trump signed on his first day in office. Apart from this order, Trump has also ordered the suspension of refugee admissions and the prohibition of diversity, equity and inclusion initiatives in the federal government. Human Rights Watch decried these orders as threatening human rights “both in the US and abroad.”