Seattle, January 24:
A federal judge in Seattle has temporarily halted President Donald Trump’s executive order aimed at ending birthright citizenship in the United States, offering a sigh of relief to Indian families, particularly those holding temporary H1B or L1 visas.
The decision, made by US District Judge John Coughenour, grants a 14-day stay on the enforcement of the order while the court reviews a preliminary injunction request. This ruling temporarily blocks the policy that could have stripped citizenship from children born in the US if neither of their parents is a citizen or permanent legal resident.
The controversial executive order, which Trump signed on his first day in office, was set to take effect on February 19. It sought to deny birthright citizenship to children born in the US under such conditions, a move that could potentially affect hundreds of thousands of children, as reported in multiple lawsuits.
The US is one of the few countries that applies the principle of jus soli, granting citizenship to anyone born on US soil, regardless of parental status. The decision to temporarily block the policy provides relief to Indian families, many of whom had been rushing to deliver their children before the new rule could take effect.
Reports from US doctors and gynaecologists indicated a significant increase in pregnant Indian women seeking Caesarean deliveries before the February deadline to ensure their children would be granted citizenship. Under the new rule, children born after February 19 would only be granted citizenship if at least one parent is a US citizen or Green Card holder.
The principle of birthright citizenship dates back to the 14th Amendment ratified in 1868, which guarantees that all persons born or naturalized in the US are citizens. Trump’s executive order challenged this interpretation, asserting that children of non-citizens should not be considered US citizens.
This move came after years of legal challenges and debates over the scope of the 14th Amendment. In a historic ruling in 1898, the Supreme Court affirmed birthright citizenship by recognizing Wong Kim Ark, born to Chinese immigrant parents in San Francisco, as a US citizen. Advocates of stricter immigration policies have since questioned whether this precedent applies to children born to parents in the US illegally.
As the case unfolds, the fate of the executive order hangs in the balance, and families with children born in the US continue to watch closely.
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