Federal Judge Halts Trump's Birthright Citizenship Policy Following Supreme Court Signals
CONCORD, New Hampshire – A federal judge in New Hampshire has once again blocked the Trump administration's attempt to restrict birthright citizenship, a move coming shortly after the Supreme Court signaled reluctance to hear challenges to similar policies.
Judge Jacqueline Battaglia of the U.S. District Court for the District of New Hampshire issued a preliminary injunction on Thursday, preventing the Department of Homeland Security from enforcing an executive order issued by former President Donald Trump in 2018. This order sought to limit birthright citizenship, also known as jus soli, to those who are citizens at birth and have parents who are U.S. citizens or lawful permanent residents.
The judge’s decision mirrors previous rulings against the policy, citing concerns that it oversteps the boundaries of established legal precedent. The 14th Amendment to the U.S. Constitution guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Courts have consistently interpreted this to include children born to non-citizens, with limited exceptions.
Trump's executive order aimed to narrow this interpretation, arguing that it should only apply to those born here with parents who are citizens or lawful residents. However, legal experts and civil rights groups have argued that the order is unconstitutional and an attempt to undermine a fundamental principle of American citizenship.
The judge’s ruling is particularly significant given recent developments in the Supreme Court. The Court has declined to hear several cases challenging similar state-level restrictions on birthright citizenship, suggesting a reluctance to take up the issue at the national level. This reluctance further weakens the Trump administration’s policy.
“This ruling reinforces the well-established legal understanding that the 14th Amendment guarantees birthright citizenship to virtually all individuals born in the United States,” said a spokesperson for the American Civil Liberties Union (ACLU), which has been actively involved in challenging the policy. “We are pleased that the court recognizes the importance of protecting this fundamental right.”
While the injunction prevents the enforcement of the executive order, the legal battle surrounding birthright citizenship is likely to continue. The Biden administration has already distanced itself from the Trump-era policy, but challenges could still arise from those seeking to further restrict access to citizenship.
The case highlights the ongoing debate over immigration and citizenship in the United States, and the potential for executive action to challenge long-standing legal principles. The judge's decision provides a degree of stability and clarity in a complex and politically charged area of law, protecting the rights of those born in the U.S. regardless of their parents’ immigration status.
Nate Raymond reported this story for Reuters.