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Donald Trump, who banned birthright after becoming the President, has suffered a setback. A US court has stayed this decision of the Trump administration. Trump had repealed the law granting citizenship on the basis of birth in America. The judge has clearly declared the decision of the Trump administration as unconstitutional.

 

US District Judge John Coughenour, considering a petition from four Democratic-governed states – Washington, Arizona, Illinois and Oregon – issued an order temporarily blocking the Trump administration's order.

 

Let's read what the court has said while putting a stay on Trump's decision. Also, what argument has Trump given behind ending this birthright citizenship. 

 

Court stays Trump's decision

  • Justice Coughenour also made some harsh comments while staying the order. He said that I do not understand how a lawyer can say that this order is constitutional. This is beyond my understanding. The decision of the Trump administration is clearly unconstitutional.
  • He further said, I have been handling the court's work for four decades. I do not remember any other case when such an unconstitutional decision has been taken. Let us tell you that 84-year-old Coffenour is a Ronald Reagan appointee, who was nominated to the federal bench in 1981

 

What argument was given by the government?

  • "Under this order, babies who are born now will be subject to this law," Len Polozola, assistant attorney general for Washington state, told the judge during the hearing, referring to Trump's policy.
  • Justice Department lawyer Brett Shumate argued that Donald Trump's action was constitutional and any judicial order stopping it would be highly improper. But before Shumate Polozola could finish, Coughenour said he had signed the temporary restraining order.

What is Trump's new order?

  • According to the new order, if a child wants US citizenship at birth, then it will be mandatory for one of his parents to be an American citizen. Also, one of them should have a green card or one of them should be in the US army.
  • Trump says that this order is a big step towards stopping 'birth tourism' and illegal immigrants. For the purpose of obtaining citizenship, immigrants go to America and give birth to their child, due to which the child automatically gets citizenship there.

What does the US Constitution say?

  • According to the 14th amendment to the US constitution, there is a provision for citizenship based on birth. Meaning, every child born in the US automatically becomes a citizen of the US, irrespective of the citizenship of his or her parents.
  • This constitutional amendment was implemented in 1868 with the objective of giving equal rights to everyone in America. For a long time, political parties have been constantly raising the issue of illegal immigrants and infiltration. Trump in particular was strongly against it.
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The decision will also affect Indians

  • Let us tell you that in the year 2023, 59 thousand Indians have got 1.5% US citizenship. In the past years, many children of more than 48 lakh Indian-American community living here have got citizenship on the basis of birth. But now this will not be possible after Trump's order.
  • Those children will not be able to get American citizenship, which was given to the children waiting for Green Card or H-1B visa, because they were born in America.