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"While this is just the first of many similar challenges we will face over the coming years, it is an important one because it again reaffirms the fundamental civil rights of American citizens," said one advocate.
Democracy defenders and migrant rights groups celebrated on Monday after a New Hampshire-based federal judge temporarily blocked Republican U.S. President Donald Trump's attempt to end birthright citizenship for children of people who are not in the country legally, the third to do so in under three weeks.
"Today's ruling is the latest rebuke of President Trump's wildly unconstitutional bid to end birthright citizenship," said Cody Wofsy, who is deputy director of the ACLU's Immigrants' Rights Project and argued the case. "This attempt to deny babies their citizenship is as illegal as it is inhumane, and we will keep fighting until we stop this order for good."
Opponents of Trump's executive order argue that it clearly conflicts with the 14th Amendment to the U.S. Constitution and over a century of legal precedent. The new preliminary injunction from District Judge Joseph Laplante followed similar decisions by Judge John Coughenour in Washington state and Judge Deborah Boardman in Maryland.
"Birthright citizenship is a pillar of our democracy, and no president can simply erase it from our Constitution."
According toThe Associated Press, "At least nine lawsuits have been filed to challenge the birthright citizenship order."
Laplante, an appointee of Republican President George W. Bush, found that the plaintiffs were likely to succeed on the merits of their claims and to suffer irreparable harm if he didn't block Trump's order. The judge also concluded that potential harm to plaintiffs absent any action outweighed possible damage to defendants, and that issuing the injunction was in the public interest.
This challenge against Trump's order was launched by the ACLU and the group's Maine, Massachusetts, and New Hampshire arms as well as the Asian Law Caucus (ALC), State Democracy Defenders Fund, and Legal Defense Fund on behalf of New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York.
"Today's injunction reaffirms what we already know: that birthright citizenship is a pillar of our democracy, and no president can simply erase it from our Constitution," said Jose Lopez, co-executive director of the grassroots group Make the Road New York.
"Our members come from all over the world with courage and resilience to make better lives for their families," Lopez continued. "We are grateful that this injunction means that their children will be treated equally to anyone else born in this country. It is what we all deserve, and we will keep fighting to make sure it is a reality."
ALC executive director Aarti Kohli similarly welcomed that "Trump's unconstitutional executive order is blocked for now, affirming the rights of thousands of Asian immigrants—working parents, asylum-seekers, students—who came here to find opportunity and safety."
Kohli also pointed to the U.S. Supreme Court's 1898 decision in United States v. Wong Kim Ark, in which the majority ruled that under the 14th Amendment, a young man born in California to Chinese citizen parents was an American.
"Instead of improving living conditions for all, this administration is creating chaos and fear to further a divisive agenda," she said. "Just as Wong Kim Ark and his community came together over a century ago, we will continue to fight for the freedom to create a better life for our loved ones."
Trump's order to end birthright citizenship is just part of his sweeping assault on migrants. Since returning to office last month, he's also effectively shut down the asylum process at the southern border, reinstated the "Remain in Mexico" policy, and pursued a mass deportation plan that involves locking up migrants in federal prisons and at the U.S. naval base in Guantánamo Bay, Cuba.
Juan Proaño, chief executive officer of LULAC, tied the injunction out of New Hampshire to the broader fight against Trump.
"Today's ruling further confirms that American citizens are indeed American citizens and that no one, not even a president, can take that away," said Proaño. "While this is just the first of many similar challenges we will face over the coming years, it is an important one because it again reaffirms the fundamental civil rights of American citizens and their immigrant family members."
"Today, virtually every baby born on U.S. soil is a citizen upon birth," said Judge Deborah Boardman. "That law and tradition will remain the status quo pending the resolution of this case."
Ruling on one of at least nine legal challenges that have been filed against U.S. President Donald Trump's executive order attempting to end birthright citizenship, a federal judge on Wednesday said she would not allow the district court she presides over to "be the first" in the country to endorse Trump's erroneous interpretation of the 14th Amendment.
U.S. District Judge Deborah Boardman in Maryland found that Trump's executive order, signed the day he took office last month, "runs counter to our nation's 250-year history of citizenship by birth."
In the 1898 U.S. Supreme Court case United States v. Wong Kim Ark, the judge noted, the high court "resoundingly rejected the president's interpretation of the Citizenship Clause of the 14th Amendment."
In his executive order, Trump claimed the amendment "has never been interpreted to extend citizenship universally to everyone born within the United States" and has excluded people born on U.S. soil to parents who don't have permanent legal status.
The directive was set to take effect on February 19, with all babies born after that date to undocumented immigrants or those with temporary status rendered ineligible for citizenship documents.
The lawsuit was filed by two immigrant rights groups, CASA and the Asylum Seeker Advocacy Project, on behalf of five pregnant women who do not have permanent legal status.
The groups argued that the order would "throw into doubt" the status of thousands of children across the country.
"Today, virtually every baby born on U.S. soil is a citizen upon birth," said Boardman. "That is the law and tradition of our country. That law and tradition will remain the status quo pending the resolution of this case."
"I should be worried about the health of my child. I should be thinking about that primarily, and instead my husband and I are stressed, we're anxious and we're depressed about the reality that my child may not be able to become a U.S. citizen."
One plaintiff, a physician from Venezuela who was identified as Monica in the lawsuit, said she feared her child would be born stateless.
"I'm 12 weeks pregnant," said Monica. "I should be worried about the health of my child. I should be thinking about that primarily, and instead my husband and I are stressed, we're anxious and we're depressed about the reality that my child may not be able to become a U.S. citizen."
The judge added that the executive order was "likely to be found unconstitutional" and said the Trump administration hadn't proved it would be harmed by a preliminary injunction.
Boardman is the second federal judge to block Trump's executive order. Nearly two dozen Democratic state attorneys general, the American Civil Liberties Union, and at least one county have also filed legal challenges.
Days after the executive order was issued, a federal judge in Seattle who was appointed by Republican President Ronald Reagan issued a temporary restraining order blocking the directive, saying he "had difficulty understanding" how the administration's lawyers could argue the executive action was constitutional.
Under Boardman's ruling, the order will remain blocked unless a higher court overturns her decision or until she issues a final ruling.
In cities across the United States on Monday, businesses closed their doors for "A Day Without Immigrants," to protest Republican President Donald Trump's mass deportation plans and other attacks on migrants.
Ahead of the day of action, people took to the streets in several cities for what Migrant Insider's Pablo Manríquez called "a weekend of resistance," highlighting demonstrations in Arlington, Dallas, Houston, and San Antonio, Texas; Atlanta, Georgia; Charlotte, North Carolina; Chicago, Illinois; Idaho City, Idaho; Las Vegas, Nevada; Los Angeles, Oxnard, San Diego, and Vista, California; New York, New York; Phoenix, Arizona; Santa Fe, New Mexico; Seattle, Washington; and St. Louis, Missouri.
In Los Angeles, opponents of recent U.S. Immigration and Customs Enforcement (ICE) raids and deportations "closed the 101 Freeway for hours," according toCBS News. "Later in the day, about 250 people gathered in Pacoima for another rally, where police claimed drivers were performing stunts and blocking traffic with their cars."
Southern California also saw protests on Monday, with people marching through downtown Los Angeles and gathering outside the federal courthouse in Santa Ana.
"We're a community," one of the Santa Ana organizers told an ABC affiliate. "We're humans as well. We do so much for our family and friends. We're here for our people. We're here to fight, and show that we can do so much more than just what they call us to do."
The Chicago Tribunereported that in the suburb Waukegan on Saturday, hundreds of people rallied carrying Mexican flags and signs that read: "No Raids, No Deportation," "People United Will Defend Immigrant Rights," "The People Will Defeat Trump's Far-Right Agenda," and "Know Your Rights."
According to the newspaper:
With dozens of signs urging people to know their rights, Giselle Rodriguez, the executive director of Illinois Workers in Action, urged people to know their rights and communicate those entitlements to others.
"Do not open the door unless ICE has a warrant signed by a federal judge," Rodriguez said. "Once you open the door, either in your car or home, it allows them to enter. Be silent. You don't have to talk to them. You have the right to an attorney, get one."
Chicago's ABC affiliate reported that multiple local businesses joined the Monday action. Carmen Montoya, owner of Mis Tacos Mexican Food in West Lawn, told the outlet that her family participated due to growing fears in the Latino immigrant community, saying, "Like me, there are many, many people that just need the opportunity to work without being afraid."
The Illinois city's NBC affiliate collected statements from more regional restaurants, auto shops, and other businesses. In an Instagram post included in the list, Three Tarts Bakery and Cafe in Northfield called the day of action "an important statement on the invaluable contributions of immigrants to our communities, industries, and daily lives."
Businesses in Washington, D.C. shared similar messages. According to an NBC affiliate, Republic Cantina said in an Instagram story that "D.C. depends deeply on immigrants, who work vital jobs in our local economy, pay taxes, and make the city a vibrant place to live."
"We've been dismayed to see the rollout of policies that tear immigrants from their homes—which is both inhumane and will cause massive harm to communities and to small business," added the restaurant.
In addition to lifting restrictions on ICE to enable more raids and deportations that experts warn will have "catastrophic" economic consequences, Trump has sought to end birthright citizenship, signed the Laken Riley Act, declared a "national emergency at the southern border," and ordered federal departments to prepare the U.S. naval base in Guantánamo Bay, Cuba—infamous for torture and long-term detention without charges—to hold tens of thousands of migrants.
A coalition including the ACLU filed a federal lawsuit on Monday over Trump's attempt to shut down the asylum process at the U.S.-Mexico border. The complaint warns that the government "is returning asylum-seekers—not just single adults, but families too—to countries where they face persecution or torture, without allowing them to invoke the protections Congress has provided."
Recalling Trump's first-term attacks on immigration, Melissa Crow, director of litigation at the Center for Gender & Refugee Studies, which is part of the coalition, said that "this time around, his administration has fully embraced racist conspiracy theories, declaring that families, children, and adults seeking safety somehow constitute a hostile 'invasion.'"
Participants in the Monday action countered the kind of language coming from the Trump administration by highlighting the contributions of immigrants. Reporting on local businesses that joined the day of action, The Columbus Dispatchdetailed:
Toro Meat Market, which has shops in Northland, North Linden, and on the South Side, announced its closing Monday "in solidarity with our Latino community."
"Their effort and sacrifice are fundamental to this country, and we want to make their impact visible," the business posted on its Facebook page. In Spanish on Instagram, the market added, "The effort and sacrifice of immigrants make this country great."
In Oklahoma, restaurants owned by Good Egg Dining were also closed on Monday. According to The Oklahoman, the group said that "our industry, our restaurants, and our communities are built on the hard work, passion, and dedication of immigrants. They are the backbone of our kitchens, our service, and our culture. Today, we stand with them."