One in Maryland and Washington – two U.S. District Courts recently deny birthright citizenship to undocumented immigrant children and US children on temporary visas. An injunction has been issued to block the executive order. Washington’s decision Written by Judge John Corneau (Reagan’s appointee), Maryland One Judge Deborah Boardman (appointed by Biden). Between them, the two rulings do a good job highlighting the weaknesses of Trump’s position on the issue. As the judge summarises it,[t]He blew away the plain words of the 14th amendment of the US Constitution, contradicting the Supreme Court precedent and opposes the 250-year history of citizenship by birth. ”
reason Jacob Sullum has a useful summary and discussion of the two judgments here.
I’ve written about this issue before herehere, and here. One important point worth repeating is that many of the arguments raised by the administration and its supporters allowed many previously enslaved black people to deny birthright citizenship (citizens) (Even though giving rights is the main purpose of the birthright citizenship clause), as well as legal immigrant children, permanent residents. The latter is the logical meaning of the administration’s argument that birthright citizenship is denied to children of parents who are owed to government “loyalty” because they are citizens of other countries.
The administration appeals these decisions, and the legal battle will continue, likely to continue until the Supreme Court. But so far, courts have forcedly rejected weak government arguments.
