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ABC News graphic The ACLU filed a lawsuit in behalf of children born in the United States. |
A federal court has blocked Donald Trump's executive order restricting birthright citizenship, a major component of his administration's anti-immigrant campaign that has been described as racist and un-American.
US District Judge Joseph Laplante, who was appointed by former President Bush, on Thursday blocked Donald Trump’s assault on birthright citizenship in a ruling that applies nationwide.
“Since the Supreme Court’s decision, parents have lived in fear and uncertainty, wondering whether they should give birth in a different state, whether their newborns would be subject to deportation, and what kind of future awaits their children,” said Aarti Kohli, executive director of Asian Law Caucus.
“This court’s injunction protecting birthright citizenship for all affected children is a major victory for families across this country and for all Americans. This ruling reaffirms that constitutional rights cannot be stripped away by executive decree.”
The ruling in Barbara v. Donald J. Trump stems from a nationwide class-action lawsuit filed June 27, immediately after a Supreme Court ruling that potentially opened the door for partial enforcement of the executive order.
The Asian Law Caucus is part of the coalition of legal rights organizations that filed the suit, including the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, and Democracy Defenders Fund
The legal challenge was filed on behalf of a proposed class of babies subject to the executive order. It seeks to protect all impacted families in the country in the wake of the Supreme Court’s recent decision in Trump v. CASA, which directed courts to consider narrowing nationwide protection that had been provided in the first round of challenges to the executive order attacking birthright citizenship.
In granting the request, the court provided for a 7-day delay so that the government — which argued to the Supreme Court that a nationwide class was the appropriate way to seek nationwide protection in the birthright cases — could nevertheless try to get the First Circuit Court of Appeals to stay the relief, if it decides to pursue that option. Even with a 7-day delay, the ruling will go into effect well before July 27, when partial implementation of the unconstitutional order might otherwise have begun.
Birthright citizenship is a right guaranteed by the 14th Amendment of the Constitution. The language of the amendment is clear: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
US District Judge Joseph Laplante, who was appointed by former President Bush, on Thursday blocked Donald Trump’s assault on birthright citizenship in a ruling that applies nationwide.
“Since the Supreme Court’s decision, parents have lived in fear and uncertainty, wondering whether they should give birth in a different state, whether their newborns would be subject to deportation, and what kind of future awaits their children,” said Aarti Kohli, executive director of Asian Law Caucus.
“This court’s injunction protecting birthright citizenship for all affected children is a major victory for families across this country and for all Americans. This ruling reaffirms that constitutional rights cannot be stripped away by executive decree.”
The ruling in Barbara v. Donald J. Trump stems from a nationwide class-action lawsuit filed June 27, immediately after a Supreme Court ruling that potentially opened the door for partial enforcement of the executive order.
The Asian Law Caucus is part of the coalition of legal rights organizations that filed the suit, including the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, and Democracy Defenders Fund
The legal challenge was filed on behalf of a proposed class of babies subject to the executive order. It seeks to protect all impacted families in the country in the wake of the Supreme Court’s recent decision in Trump v. CASA, which directed courts to consider narrowing nationwide protection that had been provided in the first round of challenges to the executive order attacking birthright citizenship.
In granting the request, the court provided for a 7-day delay so that the government — which argued to the Supreme Court that a nationwide class was the appropriate way to seek nationwide protection in the birthright cases — could nevertheless try to get the First Circuit Court of Appeals to stay the relief, if it decides to pursue that option. Even with a 7-day delay, the ruling will go into effect well before July 27, when partial implementation of the unconstitutional order might otherwise have begun.
Birthright citizenship is a right guaranteed by the 14th Amendment of the Constitution. The language of the amendment is clear: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
As soon as Trump took office, one of his first actions was to issue an executive order challenging the 14th Amendment. Several courts have upheld birthright citizenship and issued injunctions against any actions the Trump administration might undertake against the courts' ruling.
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The Department of Justice, acting in behalf of Trump, went to the activist conservative US Supreme Court challenging the right of lower courts to issue nationwide injunctions. Last week, SCOTUS, ruled 6-3 along party lines agiainst the lower courts' ability to issue nationwide orders, saying the judges' injunctions would apply only the judges' jurisdictions, not nationally. In their ruling, the SCOTUS majority agreed with the DOJ attorneys who argued to the Supreme Court that a nationwide class was the appropriate way to seek nationwide protection in the birthright cases.
“I am appalled by the Supreme Court’s decision to let the Trump administration push forward with its unconstitutional attempt to eliminate birthright citizenship," Rep. Grace Meng, chair of the Congressional Asian Pacific American Caucus, said after the SCOTUS decision. "This reckless ruling opens the door to a future where states can decide who is an American citizen.
“The 14th Amendment guarantees citizenship to anyone born on U.S. soil—a principle upheld by this very Court over a century ago. Instead of ruling on the merits of this case, the Court has chosen to undermine judges’ abilities to block the administration’s unlawful actions that will only lead to more chaos and division.
The SCOTUS ruling spurred legal advocates like the ACLU, Asian Law Caucus to rile class action suit with affected clients in every state in the Union, thus going around the Justices' ruling.
“I am appalled by the Supreme Court’s decision to let the Trump administration push forward with its unconstitutional attempt to eliminate birthright citizenship," Rep. Grace Meng, chair of the Congressional Asian Pacific American Caucus, said after the SCOTUS decision. "This reckless ruling opens the door to a future where states can decide who is an American citizen.
“The 14th Amendment guarantees citizenship to anyone born on U.S. soil—a principle upheld by this very Court over a century ago. Instead of ruling on the merits of this case, the Court has chosen to undermine judges’ abilities to block the administration’s unlawful actions that will only lead to more chaos and division.
The SCOTUS ruling spurred legal advocates like the ACLU, Asian Law Caucus to rile class action suit with affected clients in every state in the Union, thus going around the Justices' ruling.
With the judge's decision, other lawsuits against Trump's order are amending their complaints into class action lawsuits.
“The Asian American community has been at the forefront of affirming birthright citizenship ever since the landmark case of U.S. v. Wong Kim Ark," stated a Asian Americans Advancing Justice. "Together with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (WLC) and OCA – Asian Pacific American Advocates (OCA), we have amended our own lawsuit challenging President Trump's executive order, OCA — Asian Pacific American Advocates v. Rubio, to proceed as a class action."
“The Asian American community has been at the forefront of affirming birthright citizenship ever since the landmark case of U.S. v. Wong Kim Ark," stated a Asian Americans Advancing Justice. "Together with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (WLC) and OCA – Asian Pacific American Advocates (OCA), we have amended our own lawsuit challenging President Trump's executive order, OCA — Asian Pacific American Advocates v. Rubio, to proceed as a class action."
“This ruling is a huge victory and will help protect the citizenship of all children born in the United States, as the Constitution intended,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case. “We are fighting to ensure President Trump doesn’t trample on the citizenship rights of one single child.”
EDITOR'S NOTE: For additional commentary, news, views and chismis from an AANHPI perspective, follow me on Threads, on X or at the blog Views From the Edge. Now on BlueSky.
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