第四届联邦法官阻止了特朗普结束出生权公民身份的命令
4th Federal Judge Blocks Trump's Order To End Birthright Citizenship

原始链接: https://www.zerohedge.com/political/4th-federal-judge-blocks-trumps-order-end-birthright-citizenship

马萨诸塞州的一名联邦法官封锁了特朗普总统的行政命令,试图结束非法移民子女的出生权公民身份。这标志着该政策第四次被法官阻止。法院裁定,该命令可能违反了《第14修正案的公民身份条款》,并将对受影响的儿童造成不可弥补的伤害。特朗普政府关于出生权公民身份的论点要求个人和国家的同意被拒绝,因为无视该修正案的最初目的。来自14个州的总检察长欢迎这项裁决,强调总统无法改变宪法。代表受影响的原告的律师对法院的裁决表示感谢,并将出生权公民身份保留为基本的宪法权利。其他州的几位联邦法官也针对行政命令发布了禁令,以防止其执行。


原文

Authored by Aldgra Fredly via The Epoch Times,

A federal judge in Massachusetts on Thursday blocked President Donald Trump’s executive order to end birthright citizenship for children born to illegal immigrants, marking the fourth time the policy was blocked by a judge.

In a 31-page ruling, U.S. District Judge Leo Sorokin stated that two lawsuits—one filed by 18 states and the District of Columbia and the other by nonprofit organizations—are likely to succeed on the merits of their claims that implementing the order would cause irreparable harm. The plaintiffs have argued that the order violates the citizenship clause of the 14th Amendment.

“The record before the court establishes that children born without a recognized or lawful status face barriers to accessing critical health care, among other services, along with the threat of removal to countries they have never lived in and possible family separation. That is irreparable harm,” Sorokin stated.

“It is difficult to imagine a government or public interest that could outweigh the harms established by the plaintiffs here.”

Sorokin said that the Trump administration appeared to have “no legitimate interest” in enforcing the order and said it did not demonstrate how continuing birthright citizenship would harm the public.

According to the ruling, the administration’s stance that birthright citizenship requires the mutual consent of both the individual and the nation would disregard the 14th Amendment’s original purpose, which was “to recognize as birthright citizens the children of enslaved persons who did not enter the country consensually, but were brought to our shores in chains.”

“Simply put, the Amendment is the Nation’s consent to accept and protect as citizens those born here, subject to the few narrow exceptions recognized at the time of enactment, none of which are at issue here,” Sorokin stated.

“The Fourteenth Amendment says nothing of the birthright citizen’s parents, and efforts to import such considerations at the time of enactment and when the Supreme Court construed the text were rejected. This Court is likewise bound to reject such theories now.”

New Jersey Attorney General Matthew Platkin, along with 13 other attorneys general, issued a joint statement welcoming the ruling, stating that it showed the president is not in the position to “rewrite the Constitution.”

Lawyers for Civil Rights, representing the nonprofit organizations and an expectant mother whose children would be affected by Trump’s order, said the plaintiffs are gratified by the court’s decision.

“Birthright citizenship is a sacred right granted by our Constitution,” Oren Sellstrom, litigation director for Lawyers for Civil Rights, said in a statement.

Trump’s order on birthright citizenship, issued on Jan. 20, stated that the 14th Amendment’s citizenship clause does not extend citizenship universally to everyone born within the United States.

According to the executive order, the citizenship clause has “always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof’.”

The phrase “subject to the jurisdiction thereof” in the clause excludes an individual if that person’s mother was unlawfully present in the country and the individual’s father was not a U.S. citizen or lawful permanent resident at the time of his or her birth, Trump’s order states.

The order also states that U.S. citizenship does not apply to an individual whose father was neither a citizen nor a lawful permanent resident at the time of their birth, and whose mother’s presence in the country was lawful but temporary at the time of their birth.

At least nine lawsuits have been filed challenging the new policy, which was initially slated to take effect on Feb. 19. Federal judges in New Hampshire, Washington, and Maryland have also issued preliminary injunctions preventing the Trump administration from denying birthright citizenship to the children of illegal immigrants.

The Epoch Times reached out to the White House for comment but did not receive a reply by publication time.

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