A second federal judge in two days has blocked President Donald Trump’s effort to end birthright citizenship for the children of parents who are in the U.S. illegally, decrying what he described as the administration’s attempt to ignore the Constitution for political gain. U.S. District Judge John C. Coughenour in Seattle on Thursday put Trump’s order on hold for the duration of lawsuits brought by four states and an immigrant rights group challenging it. His ruling followed one by a federal judge in Maryland in a separate but similar case involving immigrants’ rights groups and pregnant women whose soon-to-born children could be affected. Here’s a closer look at where things stand on the president’s birthright citizenship order. Where do things stand on birthright citizenship? The president’s executive order seeks to end the automatic grant of citizenship to children born on U.S. soil to parents who are in the country illegally or who are here on a temporary, but lawful basis such as those on student or tourist visas. For now, it’s on hold. Two weeks ago, Coughenour issued a 14-day temporary restraining order blocking its implementation, calling it “blatantly unconstitutional.” On Wednesday, U.S. District Judge Deborah Boardman in Maryland followed that up with an injunction keeping it on hold long-term, until the merits of the case are resolved, barring a successful appeal by the Trump administration. Following a hearing on Thursday, Coughenour — a Ronald Reagan appointee who has been on the bench since 1980 — issued his own injunction. Trump is simply trying to amend the 14th Amendment — which grants citizenship to those born in the U.S. and subject to its jurisdiction — for political reasons, the judge said. “The rule of law is, according to him, something to navigate around or something ignored, whether that be for political or personal gain,” Coughenour said. “In this courtroom and under my watch the rule of law is a bright beacon, which I intend to follow.” Late Thursday the Justice Department appealed his order to the 9th U.S. Circuit Court of Appeals. It did not appear that the DOJ had yet appealed the Maryland ruling to the 4th Circuit. What about the other cases challenging the president’s order? In total, 22 states, as well as other organizations, have sued to try to stop the executive action. They say that if it takes effect, it could create an underclass of essentially stateless residents. The matter before the Seattle judge involves four states: Arizona, Illinois, Oregon and Washington. It has been consolidated with a lawsuit brought by the Northwest Immigrant Rights Project on behalf of a proposed class of expectant parents who are in the U.S. unlawfully. Eighteen states, led by Iowa, filed a “friend-of-the-court” brief supporting the Trump administration’s position in the case. Another hearing is set for Friday in a Massachusetts court. That case involves a different group of 18 states challenging the order, including New Jersey, which is the lead plaintiff. Yet another challenge, brought by the American Civil Liberties Union, goes before a federal judge in New Hampshire on Monday. What’s at issue here? At the heart of the lawsuits is the 14th Amendment to the Constitution, ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision, which held that Scott, an enslaved man, wasn’t a citizen despite […]
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Feb
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