The judge heard arguments from lawyers for five pregnant undocumented women.
A federal judge in Maryland has issued a nationwide preliminary injunction against President Donald Trump‘s executive order aimed at ending birthright citizenship.U.S. District Judge Deborah Boardman heard arguments Wednesday over a request by five pregnant undocumented women to block Trump’s Day-1 executive order seeking to redefine the meaning of the 14th Amendment to exclude the children of undocumented immigrants from birthright citizenship.
“The denial of the precious right to citizenship will cause irreparable harm,” Judge Boardman said in handing down her order. “It has been said the right to U.S. citizenship is a right no less precious than life or liberty. If the court does not enjoin enforcement of the executive order, children subject to the order will be denied the rights and benefits of U.S. citizenship and their parents will face instability.”
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“A nationwide injunction is appropriate and necessary because it concerns citizenship,” Judge Boardman said.
The ruling comes two weeks after a federal judge in Seattle criticized the Department of Justice for attempting to defend what he called a “blatantly unconstitutional” order and issued a temporary restraining order.In her ruling, Judge Boardman said Trump’s executive order “conflicts with the plain language of the 14th Amendment.”
“The U.S. Supreme court has resoundingly rejected the president’s interpretation of the citizenship clause,” Boardman said. “In fact, no court has endorsed the president’s interpretation, and this court will not be the first.”She added that the plaintiffs would “very likely” succeed on the merits in their case against Trump’s order.During the hearing, plaintiffs’ attorney Joseph Mead called the DOJ’s argument a “reimagination of the 14th Amendment phrase ‘subject jurisdiction.'”
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“The executive order’s departure from settled law is so abrupt … it is such a departure from what we’ve been doing for over a century,” Mead argued. “Being a citizen is the foundation for so many rights.”