Maryland federal judge blocks Trump’s birthright citizenship order

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Deborah Boardman appears before a Senate Committee on the Judiciary hearing regarding her nomination to be a United States District Judge for the District of Maryland, in the Dirksen Senate Office Building in Washington, DC, Wednesday, May 12, 2021.

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Rod Lamkey/CNP /MediaPunch/Alamy

A federal judge in Maryland on Wednesday blocked President Trump’s executive order to end citizenship for children born on U.S. soil to parents in the country without legal status.

Under the 14th Amendment of the U.S. Constitution, “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 nationwide preliminary injunction by U.S District Judge Deborah Boardman further expands a ruling two weeks ago by another federal court in Seattle that blocked the president’s order for 14 days.

In most cases, a preliminary injunction like the one issued by Judge Boardman’s is in effect until the case is heard, or a higher court reverses the ruling.

The White House didn’t immediately respond to a request for comment. Trump’s order to end birthright citizenship was supposed to go into effect on Feb. 19. The president has argued that children born to parents in the U.S. without legal status should not get automatic U.S. citizenship.

Trump has falsely claimed the U.S. is the only country to give automatic citizenship. Mexico, Canada and Brazil also have birthright citizenship.

The plaintiffs in the case in front of Boardman include five pregnant women without legal status and two immigrant-rights organizations.

Trinidad Garcia, a pregnant woman who is one of the plaintiffs, celebrated Wednesday’s ruling.

“All I have wanted is to focus on my baby being born healthy and safe, but instead, even though my baby will be born in the U.S., I have been worried that they will be denied a right is that guaranteed under the constitution — the right to be a U.S. citizen,” Garcia said in a statement after the decision. “This ruling will give mothers like me a bit of temporary relief as we navigate pregnancy and the uncertain future for our babies.”

The ruling is expected to be appealed by the White House. The case is expected to go all the way to the U.S. Supreme Court.

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