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U.S. District Judge John Coughenour blocked President Trump’s executive order aimed at limiting birthright citizenship.
What is birthright citizenship?
Birthright citizenship grants automatic citizenship to anyone born on U.S. soil, regardless of parents' citizenship status.
This principle is enshrined in the 14th Amendment of the U.S. Constitution.
The U.S. follows both “jus soli” (right of the soil) and “jus sanguinis” (right of blood) principles for citizenship.
The U.S. Supreme Court case United States v. Wong Kim Ark (1898) solidified this principle, granting citizenship to a child born in the U.S. to Chinese parents.
What does Trump’s order say?
Trump’s executive order reinterprets the 14th Amendment, claiming that children of undocumented or temporarily present parents should not automatically receive citizenship.
It argues that the phrase “subject to the jurisdiction thereof” excludes non-citizen parents
The order also excludes transgender and queer parents by narrowly defining “mother” and “father.”
Trump’s administration justifies the order as a way to reduce unauthorized immigration and protect public resources.
Why did the judge block the order?
Judge Coughenour blocked the order, calling it “blatantly unconstitutional.”
He expressed disbelief over the Justice Department’s argument for the order’s constitutionality.
President Trump could pursue a constitutional amendment, but this would require significant support from Congress and States.
Legal challenges are ongoing, with the final resolution likely to be decided by the U.S. Supreme Court.
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