Fourth judge blocks Trump’s birthright executive order
A fourth federal judge blocked President Trump’s executive order to restrict birthright citizenship in the U.S., yet another blow to the president’s controversial idea.
In a pair of lawsuits, U.S. District Judge Leo Sorokin agreed that a group of 19 states and the District of Columbia as well as nonprofit organizations were "exceedingly likely" to prevail on the merits of their claims against the Trump administration.
"It is difficult to imagine a government or public interest that could outweigh the harms established by the plaintiffs here," Sorokin wrote. "Perhaps that is why the defendants have identified none. Instead, they point only to the Executive Branch's discretion in matters of immigration."
Sorokin argued that birthright citizenship is guaranteed by 14th Amendment in the Constitution and has been moved "beyond the bounds" of executive authority from the president.
The attorneys representing an anonymous mother and immigrant groups celebrated the judge's decision.
"We are gratified by today's ruling," Oren Sellstrom, the litigation director for Lawyers for Civil Rights, said in a statement. "Birthright citizenship is a sacred right granted by our Constitution, and the President cannot change that with the stroke of a pen."
On his first day back in the White House, Trump signed an executive order narrowing birthright citizenship by limiting the 14th Amendment’s birthright citizenship guarantee to exclude children born in the U.S. to parents without permanent legal status.
Sorokin's ruling joins him with judges in several other states who have blocked Trump's executive order.
Just days ago, a judge in New Hampshire granted an injunction. Two nearly identical injunctions were granted by two other judges, both criticizing the decision and protecting birthright citizenship across the country, at least temporarily.
The legal battle kicked off immediately after Trump signed the executive order. The original injunction, set forth by a judge appointed by former President Reagan, was set to expire when the two near-identical injunctions came in.
A 10th lawsuit was filed Thursday afternoon challenging Trump's order, this time from the New York Immigration Coalition.
In his ruling, Sorokin pointed to the 1898 Supreme Court decision that allowed birthright citizenship and noted that the Trump administration could try to revisit that case, but it would have to be brought to the Supreme Court. Still, Sorokin said there have been no presidents in the past who have had issue with the more than a century-old ruling.
The judge slammed the Trump administration for not having a "legitimate interest" for the order and said it has not attempted to demonstrate how the continuation of birthright citizenship would harm the American public. The judge also pointed out that birthright stood under Trump's first term.
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