In his more than four decades as a judge, he can’t remember ever having a case “as clear as this one,” said Judge John Coughenour, who was once nominated for the federal judgeship by Republican President Ronald Reagan. His interim injunction against the decree is valid for 14 days.
Trump immediately announced that he would appeal the judge’s decision. The US Justice Department said it would defend Trump’s executive order, which a spokesman said “correctly interprets” the Constitution. “We look forward to presenting a comprehensive substantive argument to the court and the American people who are eager to see our nation’s laws enforced,” the ministry spokesman said.
The executive order, signed by the Republican just hours after he was sworn in on Monday, would prohibit authorities from issuing passports and citizenship certificates to children whose mothers are in the U.S. illegally or temporarily and whose fathers do not have a U.S. passport or green card.
However, 22 US states have already filed a lawsuit against the decree, including the Democratic-governed and particularly populous states of California and New York. Two cities and numerous civil rights organizations have also sued against the decree.
States involved in the lawsuits welcomed the judge’s decision. “No president can change the Constitution on a whim, and today’s decision confirms that,” said Arizona Attorney General Kris Mayes.
Washington state Attorney General Nick Brown called Trump’s decree “un-American.” Citizenship by birth makes it clear that citizenship cannot be made dependent on the ethnicity or origin of the parents, Brown explained. “It is the law of our nation, recognized by generations of lawyers, lawmakers and presidents, until Trump’s illegal actions.”
Many legal experts agree that the so-called birthright citizenship principle from the 14th Amendment of 1868 cannot simply be abolished by decree, but would require a constitutional amendment. However, there are very high hurdles for constitutional changes: two-thirds majorities in both chambers of Congress and ratification by three-quarters of the 50 US states are required.
Trump argues that the USA is the only country in the world where the so-called place of birth principle applies. However, this principle actually applies in dozens of other countries – including the neighboring countries of Canada and Mexico. In Germany, there has been a similar regulation since 2000 for children of foreign parents who have been living legally in the country for a long time.
The abolition of the birthplace principle is part of Trump’s comprehensive and drastic plans to curb immigration, which he always describes as a hostile “invasion.” The right-wing populist is currently preparing the mass deportation of migrants living in the country without valid residence documents.
In his inaugural speech, Trump announced that he would deport “millions and millions” of irregular migrants. In another decree he signed on Monday, he declared a state of emergency on the border with Mexico. His spokeswoman Karoline Leavitt announced on Wednesday that Trump had ordered the deployment of an additional 1,500 soldiers to the southern border.
Meanwhile, Mexico is preparing for mass deportations from the USA. Marines set up olive-green tents on Thursday in the border town of Matamoros, which lies across from Brownsville, Texas, an AFP news agency correspondent observed. The local authorities said that around 3,000 people could be accommodated in the tent camp.
The Mexican government had announced that it would set up twelve reception centers for migrants expelled from the USA: nine for Mexican citizens and three for people of other nationalities. The recording program is called “Mexico Hugs You.”