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New Decision on Birthright Citizenship in the U.S.

Trump's new move to restrict the citizenship rights of children born in the U.S. also hit the courts. The federal court, while stopping the implementation of the regulation targeting "birth tourism", drew attention to the judge's harsh assessment in the ruling.

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3 min read

The United States President Donald Trump's latest regulation aimed at restricting the right of birthright citizenship has once again been brought before the courts. Federal judge Deborah Boardman, serving in Maryland, temporarily halted the enforcement of Trump's executive order in response to a petition from immigrant rights advocates.

Federal Judge Halts Enforcement

In Greenbelt, Maryland, U.S. District Judge Deborah Boardman issued a precautionary order against the Trump administration's executive order aimed at narrowing the scope of birthright citizenship.

With the ruling, the federal government’s efforts to deny citizenship to children born in the country to foreigners in illegal status or with temporary status in the U.S. have been temporarily halted.

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In her decision, Boardman highlighted that the long-standing birthright citizenship tradition in the U.S. had been attempted to be altered by executive order. The judge emphasized that the right to citizenship is protected under the 14th Amendment of the U.S. Constitution.

Boardman also assessed that the likelihood of the regulation being unconstitutional is extremely high.

The judge had not blocked the first petition

The court's final ruling came after a striking change in the case. Boardman, at the initial stage, had not stayed the new regulation that Trump had signed on August 6

However, it gave migrant rights groups an opportunity to change the new executive order that would have applied to their lawsuits

The groups argued that Trump’s administration’s new regulation violated the Constitution and was inconsistent with a prior ruling by the Supreme Court

The Trump administration argues that it has narrowed the scope

The U.S. Department of Justice, however, says the new regulation differs from the previous effort. According to government lawyers, the latest executive order introduces a more limited framework targeting specific categories of foreigners rather than eliminating birthright citizenship broadly

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The Trump administration is opening a debate on the automatic citizenship rights of children born in the U.S. to certain foreigners deemed within national security, especially those acting on behalf of foreign governments.

The administration also argues that the lawsuit is premature, noting that federal agencies have not yet issued detailed instructions on how the regulation will be implemented.

Separate Action Against 'Birth Tourism'

Another major headline in the Trump administration's citizenship policy is 'birth tourism'.

This practice is defined as foreigners traveling to the U.S. on tourist visas, giving birth to their children in the country, thereby granting the baby U.S. citizenship.

Trump had also signed a separate executive order targeting birth tourism alongside the August regulation on birthright citizenship. The administration further created a special task force to combat this practice.

The Trump administration, while arguing that birth tourism has turned into an organized sector, announced that a large number of visas belonging to foreigners have been cancelled.

The Birthright Citizenship Debate Returns to the Courts

The 14th Amendment of the U.S. Constitution guarantees citizenship for those born in the country and subject to U.S. judicial authority. The Trump administration's attempts to narrow the scope of this right through executive power have long been causing serious legal debates.

With the latest court ruling, the implementation of Trump’s new regulation has been temporarily halted, and the fight over the scope of birthright citizenship is expected to continue in higher courts.

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