A federal judge on Wednesday issued a second temporary pause on President Trump’s executive order that aims to limit the right to citizenship for children born in the United States, according to the Associated Press.
The nationwide injunction is more permanent than the 14-day temporary restraining order issued by a Seattle federal judge a few days after the executive order was publicized.
Judge Deborah Boardman of the U.S. District Court for the District of Maryland, said, “Citizenship is a most precious right, expressly granted by the 14th Amendment to the Constitution.”
Boardman’s preliminary injunction puts the executive order on hold until the merits of the case are resolved, unless the Trump administration successfully appeals the decision, according to the Associated Press.
The order sought to deny automatic citizenship for children born on U.S. soil to undocumented parents or for children whose parents are in the country on temporary visas. But birthright citizenship is enshrined in the U.S. Constitution through the 14th Amendment and could only be reversed with a two-thirds majority vote in the Senate and House of Representatives.
The Trump administration argues that children born to noncitizens are not considered “subject to the jurisdiction” of the U.S. and, as a result, are not eligible for citizenship.
Trump’s move faced legal challenges mere hours after the order was signed. Attorneys general from more than 22 states, including California, have filed a lawsuit to challenge the order.
Cara Jobson, a California-based immigration lawyer, told Boyle Heights Beat last month she was confident the order would be struck down in the courts but says the move could be the start of new challenges from this administration.
“We have a president who has a good bit of power but is not a king,” Jobson said. “He can’t change the statute and he certainly can’t change the Constitution.”
