A federal judge has issued a preliminary injunction blocking President Donald Trump's executive order that would have revoked birthright citizenship. The injunction, granted in San Francisco's case, applies nationwide and is based on settled Supreme Court precedent. The judge wrote that the plaintiffs are 'nearly certain to prevail' in the case.
San Francisco and more than a dozen states have successfully — albeit temporarily — blocked President Donald Trump from revoking birthright citizenship. A federal judge granted The City a preliminary injunction Thursday that blocks Trump from implementing an executive order that would unilaterally strip a right embedded in the 14th Amendment of the Constitution.
Immediately upon taking office last month, Trump issued an executive order titled “Protecting the Meaning and Value of American Citizenship,” which would reverse the longstanding guarantee that a person born in the United States is automatically a citizen, with few exceptions. Massachusetts District Court Judge Leo Sorokin, noting that the injunction in San Francisco’s case would apply nationwide, wrote that his ruling “is based on straightforward application of settled Supreme Court precedent reiterated and reaffirmed in various ways for more than a century by all three branches of the federal government.” Although the injunction is only preliminary, Sorokin wrote that San Francisco and its fellow plaintiffs against Trump’s executive order “are nearly certain to prevail” in the case. Trump’s bid to end birthright citizenship by executive order spawned more than a half-dozen lawsuits and had already been paused by judges in two other cases. As has been the case in other injunctions issued against Trump’s, Sorokin’s decision leaned heavily on the precedent set in the 1898 Supreme Court case United States v. Wong Kim Ark. Wong was born in San Francisco’s Chinatown in 1875, but was blocked by immigration officers at a city port after an otherwise routine trip to China. He successfully argued in court — living in a steamship while the proceedings played out — that the constitution guaranteed him the right to citizenship despite his parents being born outside the United States. Trump signed the order as part of a broader promise to crack down on immigration and secure the U.S.-Mexico border. San Francisco and the states with which it partnered to file the suit argued that they would be irrevocably harmed by Trump’s plan. “The executive order is going to result in a significant loss of federal funding to local governments like San Francisco,” City Attorney David Chiu told The Examiner last month. “For example, San Francisco is responsible for administering federal-state-funded public benefit programs like CalWORKS and CalFresh. We receive funding based in part on the number of eligible recipients, and eligibility is determined by having a valid Social Security number.” Thousands of children living in San Francisco might not have been born citizens had Trump’s order been in place at the time of their birth, an Examiner analysis of population data found.
BIRTHRIGHT CITIZENSHIP TRUMP EXECUTIVE ORDER INJUNCTION SUPREME COURT CONSTITUTION IMMIGRATION
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