Today a federal judge temporarily blocked the executive order of President Trump that seeks to end the constitutional guarantee of citizenship by birth.
Judge John C. Cughenour failed in the case presented by the states of Washington, Arizona, Illinois and Oregon, who argued that amendment 14 and the jurisprudence of the Supreme Court have enshrined the right to citizenship by birth.
It is one of five demands filed by 24 states and several pro -emigrant groups. Signed by Trump the same day he took possession, the order is scheduled to enter into force on February 19.
It could affect hundreds of thousands of people born in the country, according to one of the demands. In 2022, there were approximately 255,000 births of citizen children of mothers who lived illegally in the country and about 153,000 births of parents in the same situation, according to the demand presented by four states in Seattle.
The United States is between 30 countries where citizens are applied by birth right – the principle of Jus Soli or “land law.” Most are in the Americas. Canada and Mexico among them.
Ratified in 1868 after the Civil War, amendment 14 establishes that “all persons born or naturalized in the United States and subject to their jurisdiction are citizens of the United States and the state in which they reside.”
Trump’s order states that non -citizens are not subject to the jurisdiction of the United States and orders federal agencies not to recognize citizens for children who do not have at least a father who is a citizen.
But some defenders of migratory restrictions have argued that this case clearly applied to children born to parents who were both legal immigrants. They say it is less clear if applied to children born to parents who live illegally in the country.
“Stripping the children of the ‘invaluable treasure’ of citizenship is a serious injury,” says the demand. “He denies full membership in American society to which they are entitled.”
