Monday, February 10, 2025

Judge stays birthright citizenship Executive Order

 Fourteenth Amendment

Section 1 Rights

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Despite the clarity of the post-Civil War Amendment's grants of citzenship, Donald Trump has decreed in Presidential EO 14160  styled "Protecting the Meaning and Value of American Citizenship" that not all persons born in the U.S. are "subject to the jurisdiction thereof" and hence not U.S. citizens at birth   if at the time of birth (1) the mother (defined as "immediate female progenitor") was unlawfully present or was lawfully present but temporary, and (2) the father was not a lawful permanent resident or citizen. 

But U.S. District Judge Joseph N. Laplante in New Hampshire has embraced the plain language of the 14th Amendment.  He has issued a preliminary injunction barring President Trump and anyone else from enforcing the terms of the Executive Order.

  

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