A US federal judge has temporarily blocked the implementation of a decree signed by US President Donald Trump, which would have stripped the children of illegal migrants and foreign nationals with temporary visas of their right to citizenship. On Wednesday, Judge Deborah Boardman, appointed by former President Joe Biden, in the US state of Maryland, ruled that the interpretation of the US Constitution by the new US administration was incorrect. No court in the United States has ever supported this interpretation of the 14th Amendment. Nor will this court be the first to do so, the judge emphasized. She also referred to a precedent in the Supreme Court, which clearly protects citizenship through birth. Boardman highlighted: “Citizenship is an extremely precious right, explicitly granted in the 14th Amendment to the Constitution.”
The judge’s ruling can be overturned by a higher court, but remains in effect until then, making it increasingly likely that the decree, signed by a Republican, will not take effect on February 19. Already on January 23, US District Judge John Coughenour in the state of Washington had temporarily blocked Trump’s decree, calling it “patently unconstitutional.” Trump subsequently announced his intention to appeal.
Prior to this, several states and citizen initiatives had filed lawsuits against the new US administration’s proposal. In total, there were at least six lawsuits. If Trump’s plan had gone through, potentially hundreds of thousands of people born in the United States could have been affected.
Trump argues that the right to citizenship through birth does not apply if the mother is in the United States illegally or only temporarily at the time of the child’s birth. He is referring to a subordinate clause in the amendment, stating that the right only applies to those under the jurisdiction of the United States. In the United States, there are approximately 11 million people without valid residence permits. These people make up around three percent of the population and primarily come from Mexico, El Salvador, India, Guatemala and Honduras.