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- Judge Blocks Trump’s ‘blatantly Unconstitutional’ Executive Order That Aims To End Birthright Citizenship
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Trump had signed the order related to citizenship after taking the oath of office on Monday.
The US Federal Court on Thursday put on hold for 14 days President Donald Trump’s decision to end birthright citizenship rights. Federal Court Judge John Coughnour gave this decision on a petition filed by Washington, Arizona, Illinois and Oregon states.
According to CNN, during the debate, Judge John Coughnour, while interrupting the Justice Department lawyer, asked-
How can this order be considered constitutional? It’s mind boggling. This is clearly an unconstitutional order.
Judge Coughnour said he has been on the bench for more than 40 years, but he cannot remember any other case in which the case was so clearly unconstitutional. The next hearing of the case will be on February 5.
Let us tell you that on January 20, the day of his swearing-in, Trump had signed an executive order banning birth right citizenship. Due to this, every year 1.5 lakh newborns are at risk of citizenship. 30 days i.e. till 19th February have been given to implement this order.
The 14th Amendment to the US Constitution guarantees birthright citizenship to children. This law has been in force in America for 150 years.
Claim- Trump does not have constitutional rights
After this decision of Trump, on Tuesday, Attorney General of 22 states filed a lawsuit against it in two Federal District Courts and asked to cancel the order. The US is one of 30 countries where the principle of birthright citizenship or jus soli (right to the soil) applies.
According to the New York Times, these states had argued that the President and Congress (Parliament) do not have the constitutional authority to ban birthright citizenship under the 14th Amendment. New Jersey Attorney General Matthew Platkin said that the President is powerful, but he is not a king. They cannot rewrite the Constitution with a stroke of the pen.
According to Washington Attorney General Nick Brown, Trump’s decision will deny citizenship to 150,000 newborn babies every year.
Birthright citizenship cases increased in America
The 14th Amendment was ratified in the US Parliament in July 1868, after the American Civil War ended in 1965. It said that all those born in the country are American citizens. The purpose of this amendment was to give American citizenship to black people who were victims of slavery.
However, this amendment has been interpreted to include all children born in the United States, regardless of their parents’ immigration status.
Taking advantage of this law, people from poor and war-torn countries come to America and give birth to children. These people stay in America on the basis of studies, research and job. As soon as the child is born, they get American citizenship. Under the pretext of citizenship, parents also get a legal reason to stay in America.
This trend has been in full swing in America for a long time. Critics call it berth tourism. According to the 2022 report of Pew Research Center, 16 lakh Indian children have got citizenship by birth in America.
Due to Trump’s order, citizenship is not available in 3 situations
The executive order by which Trump has abolished the birthright citizenship law is named ‘Protecting the Meaning and Value of American Citizenship’. This order denies US citizenship under 3 circumstances.
- If the mother of a child born in America is living there illegally.
- The mother must be a legal but temporary resident of the United States at the time of the child’s birth.
- The father must not be a US citizen or lawful permanent resident at the time of the child’s birth.
The 14th Amendment of the US Constitution grants the right to birthright citizenship. Through this, the children of immigrants living in America also get the right to citizenship.
On January 20, Trump signed an executive order restricting the right to birthright citizenship.
Bill passed to expel illegal immigrants
On the other hand, Trump’s party got its first legislative victory in the US Parliament on Wednesday. The US Parliament Congress has approved a bill. Under this, it will be necessary to detain and deport immigrants who enter the country without permission and are caught on charges of certain crimes.
This bill has been named Laken Riley Act after the 22-year-old student of Georgia State. Last year, this student was murdered by an illegal immigrant from Venezuela while running. After this case, the debate regarding illegal immigrants in America once again intensified.
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Also read this news related to Trump’s decisions…
Trump reversed 78 decisions of Biden as soon as he became President: Said on Ukraine war – Putin is ruining Russia by not making any deal
Donald Trump has become the 47th President of America. He took the oath of office at the US Parliament Capitol Hill at 10:30 pm Indian time on Monday night. Supreme Court Justice John Roberts administered the oath to him. This is his second term. He was the 45th President of America from 2017 to 2021. Read the full news here…
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