By Lindsay Whitehurst and Kathy McCormack, Associated Press
Concord, NH (AP) – A third federal judge blocked the executive decree of President Donald Trump on Monday ending the citizenship of the birth law for the children of people who are illegally in the United States.
The decision of the American district judge Joseph N. Laplante in New Hampshire comes after two similar decisions of the judges in Seattle and Maryland last week.
Laplante, who was appointed by Republican President George W. Bush, said that he was not convinced by the Trump Administration of the Decree. He said he issued a longer preliminary injunction later explaining his reasoning.
A trial brought by the American American Liberties Union maintains that Trump’s order violates the Constitution and “tries to upset one of the most fundamental American constitutional values”. He was caused on behalf of immigrant rights groups with pregnant members and whose children could be affected by order.
Trump’s republican administration claims that non-citizens are not “subject to the United States’ jurisdiction and are therefore not entitled to citizenship.
The administration calls on the block of the judge based in Seattle on Trump’s decree.
At least nine proceedings have been filed to challenge the Citizenship Citizenship Order.
In the case filed by four states in Seattle, the American district judge John C. Coughhenour said that last week, the administration of Trump was trying to ignore the Constitution.
“The rule of law is, according to him, something to navigate or something ignored, whether for a political or personal gain,” said Coughhenour, who was appointed by Republican President Ronald Reagan. “In this courtroom and under my watch, the primacy of the law is a brilliant tag, which I intend to follow.”
A federal judge from Maryland also blocked Trump’s order in another case brought by immigrant rights groups and pregnant women whose children who should be born could be affected.
The Trump administration has not yet appealed to the preliminary injunction published by the American district judge Deborah Boardman, who was appointed by Democratic President Joe Biden.
A Federal Judge of Boston also heard arguments last week in an action submitted by a group of 18 states. The American district judge Leo Sorokin, who was appointed by Democratic President Barack Obama, did not immediately rule.
Laplante, the New Hampshire judge, congratulated both sides for the way they did their business.
“I am not convinced by the arguments of the defendants on this motion,” he said. “I must say: I am not offended by them either as a lawyer or lawyer. I think that the rule of law is better served, the best maintained and preserved when excellent practitioners present their arguments in court with all the experience, the expertise and the knowledge they can bring together. »»
At the heart of the prosecution in the three cases is the 14th amendment to the Constitution, ratified in 1868 after the civil war and the decision of the Supreme Court of Dred Scott, who judged that Scott, a enslaved man, was not a citizen Despite having lived in a state where slavery has been prohibited.
In 1898, in a case known as United States v. Wong Kim Ark, the United States Supreme Court found that only children who did not automatically receive American citizenship after being born in American soil were children of diplomats, who allegiance to another government; enemies present in the United States during the hostile occupation; those born on foreign ships; and those born from members of sovereign Amerindian tribes.
The United States are part of around thirty countries where citizenship of the birth law – the principle of soli jus, or “soil law” – is applied. Most are in the Americas and Canada and Mexico are among them.
Whitehurst reported in Washington. The writers of the associated press Michael Casey in Boston and Mike Catalini in Trenton, NJ, contributed to this story.
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