A federal judge in Boston said on Friday he would take under advisement a request from 18 state attorneys general to block President Donald Trump’s executive order ending birthright citizenship for the children of parents who are in the U.S. illegally.
U.S. District Judge Leo Sorokin was the third federal judge this week to hear arguments in lawsuits seeking to block the order. It was unclear when Sorokin, who was appointed by former President Barack Obama, would issue a decision on the request but it was not expected to come Friday.
The state attorneys general, along with the cities of San Francisco and Washington, asked Sorokin to issue a preliminary injunction.
“Millions of Americans who were born to immigrant parents and hundreds of millions can trace their citizenship back to immigrant ancestors — ancestors who built our country and fueled our economy under the protections of the 14th Amendment of the United States Constitution,” Massachusetts Attorney General Andrea Campbell, joined by attorneys general from Connecticut and New Jersey, told reporters ahead of the hearing. “The president cannot change the Constitution with a sharpie or a sham executive order.”
Two other federal judges blocked Trump’s order earlier in the week — first in Maryland, where a judge issued a nationwide pause on the order in a lawsuit brought by immigrant-rights advocacy groups and a handful of expectant mothers; and then in Seattle, where a judge in a separate lawsuit decried what he described as the administration’s treatment of the Constitution, saying Trump was trying to change it with an executive order.
Another challenge, brought by the American Civil Liberties Union, goes before a federal judge in New Hampshire on Monday.
The Trump administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.
Attorneys for the states have argued that it does — and that has been recognized since the amendment’s adoption, notably in an 1898 U.S. Supreme Court decision. That decision, United States v. Wong Kim Ark, held that the only children who did not automatically receive U.S. citizenship upon being born on U.S. soil were children of diplomats, who have allegiance to another government; enemies present in the U.S. during hostile occupation; those born on foreign ships; and those born to members of sovereign Native American tribes.
The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.
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