The administration of former President Donald Trump announced on Tuesday that it would be appealing a decision made by a federal judge in Maryland, which halted an executive order aimed at abolishing birthright citizenship for children born to parents who are not legally residing in the United States.
In a concise filing, the legal team representing the administration indicated that they would escalate the case to the 4th Circuit Court of Appeals. This marks the second appeal of its kind following a court ruling that impeded the implementation of Trump’s order.
The appeal relates to a recent preliminary injunction granted by U.S. District Judge Deborah Boardman, following a lawsuit initiated by immigrant advocacy groups and expectant mothers in Maryland. At the time of her ruling, Judge Boardman emphasized the importance of citizenship as a “precious right” protected by the 14th Amendment of the Constitution, stating that her court would not be the first to endorse the president’s controversial order.
This development represents the latest chapter in the ongoing dispute regarding the executive order on birthright citizenship, which has sparked at least nine separate legal challenges across the country, with lawsuits brought forth by 22 states among them.
On Monday, a federal judge in New Hampshire, involved in a similar case, expressed skepticism towards the administration’s rationale and issued a comparable preliminary injunction from the bench.
Moreover, just last week, a federal judge based in Seattle also ruled to block the president’s order, a decision that the administration is contesting as well.
The legal disputes surrounding these three cases hinge on the interpretation of the 14th Amendment to the Constitution, which was ratified in 1868 following the Civil War and the infamous Dred Scott Supreme Court decision. This amendment asserts 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.”
The Trump administration has taken the position that noncitizens do not fall under the jurisdiction of the United States, thereby contending that their offspring born on U.S. soil are not entitled to citizenship.
Historically, the 1898 Supreme Court case, United States v. Wong Kim Ark, established that the only children who do not automatically qualify for U.S. citizenship upon birth in the country are those born to foreign diplomats, enemies within the U.S. during wartime occupation, individuals born on foreign vessels, or members of recognized sovereign Native American tribes.
Currently, the United States is one of approximately 30 nations that practice birthright citizenship, a principle known as jus soli, or “right of the soil.” Most countries adhering to this principle are located in the Americas, including Canada and Mexico.
