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US federal judge issues nationwide injunction against birthright executive order

POSTED ON February 6, 2025 •   World      BY Abiodun Saheed Omodara
President Donald Trump

President Donald Trump's executive order, which seeks to eliminate birthright citizenship for children born to undocumented and temporary immigrants on U.S. territory, has faced another setback following an indefinite preliminary injunction imposed by a Federal District Judge in Maryland. 

This injunction prevents the government from proceeding with the executive order.

As reported by the New York Times, five pregnant women lacking lawful immigration status, along with two non-profit organizations that assist immigrants, promptly filed a lawsuit against Trump soon after he signed the executive order, which aimed to end automatic citizenship for children of non-permanent immigrants shortly after his return to the White House.

During a hearing on Wednesday, Judge Deborah Boardman issued a nationwide injunction in the case, halting the Trump administration from enforcing the order.

She determined that the executive order was unconstitutional, as it contradicts the explicit language of the 14th Amendment, which guarantees automatic citizenship for children born on U.S. soil, regardless of their parents' immigration status.

"The executive order contradicts the clear wording of the 14th Amendment, goes against 125 years of binding Supreme Court precedent, and opposes our country's 250-year tradition of citizenship by birth," ruled Ms. Boardman.

She further stated, "The United States Supreme Court has decisively rejected the president's interpretation of the citizenship clause in the 14th Amendment. No court in the country has ever supported the president's view. This court will not be the first to do so."

Boardman also explained her decision to grant the injunction, noting that one of the plaintiffs, represented by the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, has members across all states, including many pregnant women who are likely to give birth in the near future.

The recent ruling provides a permanent stay on the executive order, following an earlier renewable 14-day nationwide restraining order issued by Seattle Federal District Court Judge John Coughenour after four states Washington, Arizona, Illinois, and Oregon sued Trump over his "unconstitutional" executive order.

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