A Federal Judge on Wednesday, Feb. 5, blocked the enforcement of President Donald Trump’s executive order aimed at restricting birthright citizenship in the United States.
The ruling indefinitely halts Trump’s executive order, which was set to take effect nationwide on February 19.
In her decision, District Judge Deborah Boardman stated that denying birthright citizenship would cause irreparable harm and emphasized that Supreme Court precedent upholds the right of citizenship for those born on US soil.
She noted that Trump’s order conflicts with the plain language of the 14th Amendment, which guarantees citizenship to anyone born in the country.
“The denial of the precious right to citizenship will cause irreparable harm.
“No court in the country has ever endorsed the president’s interpretation,” Boardman said according to The New York Times. “This court will not be the first.”
The ruling follows a similar decision by a federal judge in Washington state, who issued a 14-day stay on the order in January.
Judge John Coughenour described the measure as “blatantly unconstitutional,” prompting Trump to announce his intention to appeal.
The legal challenge centres on the 14th Amendment, ratified in 1868, which grants citizenship to all individuals born in the United States.
Trump’s executive order argued that those in the country illegally or on temporary visas were not subject to US jurisdiction and therefore not entitled to citizenship.
Opponents of the order have pointed to an 1898 Supreme Court ruling in the case of Wong Kim Ark, a Chinese-American man who was denied reentry to the United States on the grounds that he was not a citizen.
The court ruled in his favour, affirming that birthright citizenship applies to children of immigrants.