The administration of President Trump announced on Tuesday that it is contesting a ruling made by a federal judge in Maryland, which blocked the president’s executive order aimed at terminating birthright citizenship for children born in the U.S. to parents who are not in the country legally.
In a succinct legal filing, the administration indicated that they would appeal this decision to the 4th Circuit Court of Appeals. This marks the second appeal made by the administration following the previous court ruling that obstructed the enforcement of Trump’s order.
The appeal originates from a preliminary injunction granted last week by U.S. District Judge Deborah Boardman. This ruling was part of a legal challenge initiated by immigrant rights organizations and pregnant women in Maryland. Judge Boardman emphasized that her court would not be the first to validate the president’s controversial order, referring to citizenship as a “precious right” protected under the 14th Amendment of the Constitution.
This appeal is just one chapter in an ongoing legal dispute surrounding the birthright citizenship directive, which has led to a minimum of nine lawsuits across the country, including those filed by 22 different states.
On the previous Monday, a federal judge in New Hampshire, while presiding over a related case, expressed doubt regarding the administration’s claims, leading to another preliminary injunction that affects the plaintiffs, which include immigrant rights organizations representing pregnant members and others who fall under the court’s jurisdiction.
Additionally, just last week, a federal judge based in Seattle also ruled to block the implementation of Trump’s order, a decision that has also been challenged by the administration.
All these legal battles reference the 14th Amendment to the Constitution, which was ratified in 1868 following the Civil War, a reaction to the infamous Dred Scott Supreme Court decision that ruled Scott, an enslaved individual, was not considered a citizen despite residing in a state where slavery had been abolished.
The 14th Amendment maintains that “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.”
In a bid to reduce illegal immigration, the Trump administration has argued that noncitizens do not fall “subject to the jurisdiction” of the United States, and thus, their children born in the country do not automatically qualify for citizenship.
A landmark Supreme Court decision from 1898, known as United States v. Wong Kim Ark, established that the only individuals born in the U.S. who do not receive citizenship at birth are those who are children of diplomats, enemies present in the U.S. during an occupation, those born aboard foreign vessels, or individuals born to members of sovereign Native American tribes.
The United States is one of about 30 nations globally that offers birthright citizenship, adhering to the legal principle of jus soli or the “right of the soil.” This principle is commonly practiced in many countries across the Americas, including both Canada and Mexico.
