Vikrant Shekhawat : Jan 24, 2025, 09:13 AM
US News: The executive order issued by President Donald Trump in the US to stop the controversial Birth Right Citizenship was declared unconstitutional in court on Thursday. Washington District Judge John Kaufner stayed the order and declared it "clearly unconstitutional". Along with this, he issued a temporary restraining order to stop the policy from being implemented.What is the Birth Right Citizenship case?The 14th Amendment of the US Constitution guarantees citizenship to all persons born on the country's soil. This includes this right to the children of immigrants as well. But President Trump had issued an executive order attempting to change it, so that birthright citizenship could be abolished.This order immediately got embroiled in legal controversies. Many Democratic-led states and civil rights organizations challenged it. Washington Attorney General Nick Brown approached the Federal Court to stop this order.Strict remarks by Judge KaufnerJudge John Kaufner, while hearing the case, termed Trump's order as directly against the Constitution. He said, "I have been on the bench for four decades. But I do not remember any case in which the legal questions were so clear."He also questioned where the government's lawyer was when the order was being signed. Judge Kaufner stressed that it was surprising that a lawyer would try to justify this order as constitutional.Trump's reactionPresident Donald Trump expressed disappointment over the court's decision. Speaking to reporters in the Oval Office, he said, "Obviously we will appeal against it." Trump said that his order was within the ambit of the Constitution and called it in the interest of the country.Possible impact on children and statesExperts say that if this order was implemented, it would have the greatest impact on children who are born in America to immigrant parents. Washington lawyer Len Polozola argued in court that this order would put a question mark on the citizenship of thousands of children.Polozola said, "Children deprived of citizenship under this order will have to face physical, mental and economic negative effects." Apart from this, these children can also be deprived of education, health and other government benefits.Financial burden of statesWashington and other states argue that abolishing Birth Right citizenship will increase financial and administrative pressure on state governments. This order will affect not only children but also the welfare schemes of the state.Importance of judicial orderThis decision of the Federal Court not only puts a stop to the order of the Trump administration, but it also gives a clear message that the 14th Amendment of the Constitution cannot be tampered with. This decision of Judge Kaufner is being seen as a victory of democracy and rule of law in America.This case will go to the High Court in the coming days, but for the time being this decision is a big victory for those challenging the policies of the Trump administration.