Attempts by President Donald Trump to abolish birthright citizenship for those born in the US to illegal immigrants are stalled, as a federal court injunction officially went into effect on Friday.
US District Judge Joseph LaPlante of New Hampshire had initially stayed his own ruling to give the Trump administration time to appeal. But since no appeals were submitted within the time allowed, his nationwide injunction is now in force. This court development effectively bars Trump's executive order from being enforced at least temporarily.
The court's order safeguards each and every child whose citizenship was put in jeopardy by this unlawful executive order," said Cody Wofsy, a lawyer with the American Civil Liberties Union (ACLU), which is suing on behalf of children affected by the policy. He noted that because the government has not filed an appeal or emergency relief, the injunction now has binding effect nationwide.".
While the Trump administration also has the choice of appealing or seeking changes to the injunction, the birthright citizenship limitations cannot be enforced at present. The Department of Justice has not made a statement on the issue.
At the same time, a group of more than a dozen states took their case to US District Judge Leo Sorokin in Boston, contending that Trump's order is plainly unlawful and risks depriving states of millions in crucial service dollars. The states asked the judge to uphold a previously issued nationwide injunction or, at minimum, deny the government's motion to limit its scope.
Although Sorokin has not yet made a new decision, his comments during court indicated sympathy toward the states' cause.
Last week, the ruling of LaPlante became the second significant judicial hurdle for Trump's order. A Maryland judge also signaled willingness to enact a similar block if given the green light by an appeals court.
Even though the Supreme Court just issued an opinion that nationwide injunctions issued by lower courts must be exceptional, it left the door open for expansive court orders in class-action actions or suits brought by states. The constitutionality of Trump's order itself has not been decided by the high court.
