A second federal judge moved to block President Donald Trump’s executive order ending birthright citizenship Wednesday.
“Citizenship is a most precious right, expressly granted by the Fourteenth Amendment to the Constitution,” U.S. District Judge Deborah Boardman wrote in her ruling according to Fox News.
In January, U.S. District Judge John Coughenour temporarily blocked President Donald Trump‘s executive order aimed at ending birthright citizenship, deeming the presidential directive “blatantly unconstitutional.” (RELATED: Republican Attorneys General Back Trump’s Executive Order On Birthright Citizenship)
Trump signed Executive Order 14156, titled Protecting the Meaning and Value of American Citizenship, on his first day in office. The order seeks to end birthright citizenship for children born in the U.S. to noncitizen parents, but it has already encountered significant legal pushback.
Judge Coughenour issued a restraining order against its implementation, siding with several states that argued the executive action violates the 14th Amendment and contradicts long-standing Supreme Court rulings.
The executive order was set to take effect in February, marking a bold attempt to reshape the interpretation of the 14th Amendment, which has guaranteed citizenship to nearly all individuals born on U.S. soil since its ratification in 1868. Many legal experts, however, argue that any effort to alter this constitutional guarantee would require far more than an executive order.
The Supreme Court decision in United States v. Wong Kim Ark (1898) affirmed that the 14th Amendment grants citizenship to nearly all individuals born in the U.S., regardless of their parents’ nationality. This precedent has formed the legal backbone of birthright citizenship for over a century.
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We need to get back to the constitution, that law was meant for slaves not people that come across the border and drop a baby. Ask yourself can you do that in any other country, no.
Really tired of Judges that interfere with interfere with our Presidents decisions…. We as AMERICANS want this Birthright in justice justice-to end…. No other NATION has this order. Why should America have this….
Wong Kin Ark dealt with the children of parents who were lawfully and permanently domiciled in the U.S. There has NEVER been a Supreme Court case holding that the children of temporary visitors, much less people who are here illegally, are automatically citizens under the 14th Amendment. NEVER.
THIS SO-CALLED JUDGE NEEDS TO GO BACK AND RE-READ THE 14TH!!!!
Senator Jacob Howard (co-author) clearly spelled out the intent of the 14th Amendment in 1866, which was to define citizenship. He stated:
“Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.”
The correct interpretation of the 14th Amendment is quite simply that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.
The Amendment’s key phrase “subject to the jurisdiction thereof” was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. When parents are unlawfully in the United States, their native country has a claim of allegiance of a child born to those parents. The completeness of their allegiance to the United States is therefore impaired, which precludes automatic citizenship.
The authors of the Amendment never intended to use the 14th Amendment to grant citizenship to illegal aliens as is being done today.
This has not played out fully yet. A careful reading of the 14th amendment reveals the second condition of fulfilling this amendment towards birth rights citizenship. That is that the person born in these situations must be under the jurisdiction of the United States and that only occurs if the parents were legal aliens in this country at the time of the birth of the child. In the Ark families case they were legal aliens at the time their child was born and thus he did fit all the criteria as laid out in the 14th amendment. As should be easily interpreted, all children thus born by people illegally in this country are thus not under the U.S. jurisdiction and therefore are not citizens of this country. Thus in these cases the children are not citizens of this country due to the fact that all of the requirements for the 14th amendment to apply have not been met and therefore it does not apply to children born in this country by parents illegally here. As usual this will end up being a case the SCOTUS will determine.
This isn’t surprising. Just another example of an unqualified federal judge. Sadly, many such judges exist. Corruption in law schools, and the nominations and confirmations of many unqualified individuals because political and ideological considerations are more important to some than fidelity to the law.
In this case, a simple reading of the 14th amendment makes clear that not everyone born in the United States becomes a citizen. If that were the case the words, “and subject to the jurisdiction thereof” would not have been included. But they were—quite intentionally. Nor does it take more than a few minutes of a judge’s time to look up EXACTLY what those words meant and why they were included. The authors of this amendment left us a rich written record to erase any ambiguity.
No Citizens come from all over the world to get Citizenship for their children. Many use this as a backdoor for them to get in too.
It cost us million$ and is unfair to legal Citizens
Nancy, you need to get up to speed regarding United States vs. Wong Kim Ark. That fact that the defendants were “domiciled” in the US was an important aspect.
It states from SCOTUS that “nearly all individuals born in the US” means those babies that had been born from parents illegally in the US are not citizens. But those babies whose parents were legally registered as citizens in the US that gave future birth to a baby, that baby would be a legal citizen regardless of Nationality of the parents. This once again is a play on words by the Damacratic (sic) Party!! “Nearly all individuals born in the US are legal citizens!, said the Supreme Court! NEARLY ALL except those babies that were born by ILLEGAL parents, they are not legal citizens. That’s why Biden allowed so many illegals to enter the US, so he could screw up the SCOTUS ruling! Prior to Biden the country was on the right path………never a Democrat in the White House Again! MAGA Republicans ONLY! PLEASE! Dems are LOSERS!
Once again we have a judge stating that he, not the president, is the final authority in this country. Judicial overreach is a cancer.
I think many have taken advantage of this “birthright” clause. In the situation we are finding ourselves in – with the past 4 years of caravans bringing people in intentionally (for nefarious reasons) we have to create some sort of protection against awarding people for their criminality, in crossing our border illegally (or having non-citizen status), We need to be able to make stipulations as I find this article too vague. The President and advisors should have the right to make exceptions because of the saturation of illegals purposefully paid to come here for an election year.