On Thursday, a federal judge temporarily suspended the executive order issued by President Donald Trump to reject American citizenship for the children of parents who live in the country illegally, describing it as “starkly unconstitutional” during the first hearing in a multi -state effort to challenge the matter.
It is the fourteenth amendment to the constitution with the nationality of those who were born on American soil, a procedure that was ratified in 1868 to ensure the citizenship of the former slaves after the civil war. But in an attempt to limit illegal immigration, Trump issued the executive order after his oath for his second term on Monday.
The executive order will be deprived of nationality for those who were born after February 19 and whose fathers are illegally present in the country. American agencies are also prohibited from issuing any document or accepting any government document that recognizes the nationality of these children.
Trump has sparked immediate legal challenges throughout the country, as at least five lawsuits were filed by 22 states and a number of immigrant rights groups. The lawsuit filed by Washington, Arizona, Oregon and Ilinoy were the first to have a hearing.
“I was on the bench for more than four decades. American boycott judge John Kogenor told the lawyer of the Ministry of Justice:” I cannot remember another case in which the question was clearly like this. “This is starkly unconstitutional.”
The Trump administration’s decision is prohibited from taking steps to implement the executive order for 14 days. Meanwhile, the two parties will offer more arguments about the advantages of Trump’s order. It is scheduled to hold a hearing on February 6 to determine whether it will be banned in the long run with the case continues.
Koginor, 84, appointed by Ronald Reagan, who was nominated to the Federal Court in 1981, interrogated the lawyer of the Ministry of Justice, Brett Shomat, wondering whether Shomat personally believed it was constitutional.
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He added: “I find it difficult to understand how a member of the Bar Association can announce unambiguously that this is a constitutional system.”
Shomat assured the judge that he did so – “certainly.” He said that the arguments provided by the Trump administration now have not been lit before, and that there is no reason to issue a temporary restriction for 14 days when its validity ends before the executive order enters into force.
The Ministry of Justice later said in a statement that it would “strongly defend” the executive order of the president, which it said “correctly explains the fourteenth amendment of the American constitution.”
The ministry said: “We are looking forward to presenting a complete objective argument to the court and to the American people, who strongly desires to see the laws of our nation is applied.”
The United States is among about 30 countries where citizenship is applied to birth – the principle of soil right. Most of them are in the Americas, including Canada and Mexico.
The fourteenth amendment was ratified in 1868, in the aftermath of the Civil War, to ensure the citizenship of former slaves and free African Americans. The following states: “All the people born or naturalized in the United States and subject to its judicial jurisdiction are citizens in the United States and the country where they reside.”
Trump’s order confirms that non -citizen children are not “subject to the jurisdiction” of the United States, and therefore they are not entitled to citizenship.
Speaking about the states on Thursday, the Assistant Prosecutor in Washington described Lin Buluzola, as “ridiculous”, indicating that neither those who immigrated illegally nor their children are immune from American law.
“Do they not undergo the decisions of the immigration courts?” He asked Polozola. “Do they not follow the law while they are here?”
Polozola also said that the restriction of it is justified because, among other reasons, the executive will start immediately in the state’s demand to spend millions to renew health care systems and advantages to review the status of the applicant’s nationality.
“The executive will affect hundreds of thousands of citizens throughout the country, who will lose their nationality under this new base,” Polozola said. “Golds cannot be temporarily stopped while courting the court in this case.”
The public prosecutor in Washington, Nick Brown, told reporters after that, that he was not surprised that Kojinor had little patience with the position of the Ministry of Justice, considering that the condition of citizenship arose from one of the darkest chapters of American law, which is the decision of the Supreme Court issued in 1857 Duraid Scott, who stipulated that the Americans of African origin, whether they were worshipers or free, had the right to obtain citizenship.
Brown said: “Children are born today, tomorrow, and every day, all over this country, so we had to move now,” Brown said. He added that “the land law was for generations, to be an American citizen if he was born on American soil, this period.”
He added: “Nothing can do it will change that.”
A major case related to citizenship was revealed in birth in 1898. The Supreme Court decided that Wong Kim Arac, who was born in San Francisco for parents of Chinese immigrants, was an American citizen because he was born in the country. After a trip abroad, he was deprived of returning by the federal government on the basis that he is not a citizen under the Chinese exclusion law.
But some defenders of immigration restrictions said that this situation clearly applies to children born to parents who were legal immigrants. They say it is unclear whether it applies to children who are illegally living in the country.
Trump prompted the prosecutors to share their personal relationships with birth to birth. For example, the prosecutor of the state of Connecticut William Tong, an American citizen of childbirth and the first American public prosecutor of an elected Chinese in the country, said that the lawsuit was personal for him. Later Thursday, he said that Koginor made the right decision.
“There is no legitimate legal debate on this issue. Tong said this week:” But the fact that Trump is completely mistaken will not prevent him from causing grave damage now to American families like my family. “
Catalini mentioned from Trenton, New Jersey. The Associated Press Ayna Durkin Riccher in Washington, DC, contributed to this report.
