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"Chances very low", Foreign Expert comments on Trump's executive order seeking to terminate birthright citizenship in US

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New Delhi | January 24, 2025 9:42:30 PM IST
Foreign Affairs expert Robinder Nath Sachdev said on Friday that the chances are very low of what US President Donald Trump wants regarding the amendments towards citizenship in the United States.

In an interview with ANI, Sachdev said, "See the decision by the judge in Seattle was absolutely expected. What Trump has done by issuing this executive order by denying birthright citizenship, he is actually flouting the article of the 14th amendment of the constitution of the United States which was passed way back in 1870s".

He added that a constitutional amendment cannot be overruled by executive order.

"So Trump's order in any case was flawed", Sachdeva remarked.

He noted that this matter would go further into legal disputes.

"What the Trump administration will do, realizing that it is not able to pass this executive order, it'll try and find some other ways, if not to end birth right citizenship totally, but to create hurdles and obstacles in that. So that is expected also going forward".

He added that there would be "More moves by the Trump administration to sideways sidestep this order of the Judge. But at the same time, chances are very low that what Trump is wanting will happen".

A federal judge in Seattle has temporarily blocked former President Donald Trump's executive order seeking to terminate birthright citizenship in the United States, calling the policy "blatantly unconstitutional," CNN reported.

Issuing a temporary restraining order on Thursday, Judge John Coughenour, a Reagan appointee, responded to a legal challenge by Washington Attorney General Nick Brown and three other Democratic-led states. The restraining order halts the implementation of the policy for 14 days, allowing for further legal briefings.

The lawsuit argues that Trump's executive order violates the 14th Amendment of the US Constitution, which guarantees citizenship to all children born on American soil "and subject to the jurisdiction thereof." According to Lane Polozola, an attorney representing the state of Washington, "births cannot be paused" during the legal proceedings. He added, "Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship."

Polozola further emphasised the potential harm to children who could be denied citizenship under the policy, saying they would face "long-term substantial negative impacts.

The Trump administration contends that the 14th Amendment's clause, "subject to the jurisdiction thereof," permits the president to exclude children of undocumented immigrants and even those whose parents are lawfully present but lack permanent legal status. Justice Department attorney Brett Shumate argued against the emergency order, urging the court to allow more time for briefing on the policy.

At the White House, Trump expressed his administration's intent to challenge the ruling. Meanwhile, additional lawsuits against the executive order have been filed, including cases brought by Democratic attorneys general, immigrant rights groups, and individual plaintiffs.

During a separate legal proceeding in Maryland, Justice Department Attorney Brad Rosenberg acknowledged that federal agencies had not yet taken steps to enforce the order. "The executive order was issued three days ago during a time of change of administration. And so it's very early for the agencies to develop their policies that would be necessary" for implementation, Rosenberg told US District Judge Deborah Boardman.

A hearing in that case is scheduled for February 5 to consider the plaintiffs' request to block the policy temporarily, CNN reported. (ANI)

 
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