WASHINGTON, Feb 24: The Department of Justice may have to approach the Supreme
Court in appeal against the rulings of the Federal judges blocking President
Donald Trump's executive order issued on the day he assumed office barring birthright
citizenship to children of illegal immigrants and temporary residents as the
judges have invoked a 1898 verdict of the top court in the United States v.
Wong Kim Ark case of a son of Chinese immigrants. There is no chance of an immediate
relief for Trump in the offing and the executive order will probably ramain
on paper.
Among several lawsuits filed across the country, four Federal district courts
have issued rulings so far and they all blocked the executive order. "The Constitution
confers birthright citizenship broadly, including to persons within the categories
described in the EO," one of the judges said. The Department of Justice appealed
against two of these four restraining verdicts at Federal appeals circuit courts
in San Francisco (California) and Richmond (Virginia).
The 9th US Circuit Court of Appeals (headquartered in San Francisco, California.)
in its ruling on Wednesday denied Government request for emergency relief in
birthright citizenship case. "The Government has not shown that (how) it is
entitled to immediate relief," the court stated on Wednesday.
The Government was denied relief in the Washington Sate v. Trump case. A nationwide
injunction was issued by a Federal judge in Seattle, District Judge John Coughenour
(appointee of Rep Prez Reagan), blocking the President's executive order, declaring
the policy unconstitutional, "blatantly unconstitutional." He said it is like
a constitutional amendment in an executive order. He was the first judge to
block the order, on January 23. The lawsuit was filed by the Democratic-led
States of Washington, Arizona, Illinois and Oregon and several pregnant women.
The State attorneys said 150,000 children born annually are being denied citizenship
right. The Department of Justice said he went too far to issue a nationwide
injunction.
The Trump administration had sought to pause a lower court ruling that blocked
the President's executive order seeking to terminate birthright citizenship.
US Circuit Judges William Canby (appointee of Dem Pez Carter), Milan Smith
(appointee of Rep Prez Bush) and Ms Danielle Forrest (appointed by Trump) denied
the motion, Judges M Smith and Canby wrote "the Government has not shown that
it is entitled to immediate relief."
The panel of three judges will continue to review the case, with full arguments
scheduled for June.
Orders passed in four lawsuits
Wednesday's order was in response to a lawsuit from multiple States filed in
Washington State. Trump's order has also been blocked by judges in Maryland,
New Hampshire and Massachusetts.
The 4th Federal judge blocked the executive order on February 13. (The ruling
from U.S. District Judge Leo Sorokin came three days after U.S. District Judge
Joseph Laplante in New Hampshire blocked the executive order and follows similar
rulings in Seattle and Maryland, reports AP.)
US District Judge Leo Sorokin, who sits on the Federal district court in Massachusetts,
said that a group of 19 States and the District of Columbia, as well as two
nonprofit organizations, are challenging the executive order issued on Trump's
first day in office. They point out that the order is violative of the Citizenship
Clause of the 14th Amendment.
Constitution confers birthright citizenship
"The Constitution confers birthright citizenship broadly, including to persons
within the categories described in the EO," Sorokin said. He is an appointee
of former President Barack Obama.
Other Federal judges in Maryland, Washington and New Hampshire have also issued
preliminary injunctions blocking enforcement of the executive order.
"President Trump may believe that he is above the law, but today's preliminary
injunction sends a clear message: He is not a king, and he cannot rewrite the
Constitution with the stroke of a pen," said Matthew Platkin, attorney general
of New Jersey. New Jersey. is leading the case.
The Justice Department has appealed against two of the four restraining verdicts
at Federal appeals courts in San Francisco and Richmond, Virginia.
The rulings of the Federal judges are based on a 1898 Supreme Court verdict
- United States v. Wong Kim Ark - in which the court held that a man born in
the US to Chinese immigrants was a citizen by virtue of the Constitution.
As the Supreme Court had given the verdict, now appeals will have to seek revirew
of that order in the top court itself, it is also pointed out.
Over eight lawsuits have been filed in various courts challenging Trump's executive
order that forms part of a promise to stop illegal immigration he had made during
the election campaign.
The January 20 executive order directs US agencies to refuse to recognize the
citizenship of children born in the US if neither their mother nor father was
a US citizen or lawful permanent resident.
The order was to apply to children born within the US starting 30 days after
January 20, 2025, when it was signed.