Friday, the White House published a provocative declaration after a judge blocked the president Donald TrumpThe executive decree of the citizenship of the right of birth, marking the third time that a court has done so since a criticism Supreme Court Decision in June.
Why it matters
Trump’s executive action seeks to prevent children born on American soil from automatically receiving citizenship if no parent was an American citizen or legal permanent resident at the time of birth.
In June, the Supreme Court prevented the judges from issuing national injunctions against Trump’s order, although it left an exception for collective appeals, which several complainants subsequently brought.
President Donald Trump faces the media after arriving at Prestwick airport in Ayrshire, Scotland on July 25.
Jacquelyn Martin / AP
What to know
The American district judge Leo Sorokin judged on Friday that the national injunction which he had granted to more than a dozen states which continued on the order is still in force because “no alternative achievable and closer” would give reparation to the complainants.
The White House spokesman Abigail Jackson told the Associated Press that the administration expected to be “justified on appeal”.
“These courts badly interpret the 14th amendment objective and text,” Jackson told the media.
Lawyers representing the Trump administration argued in the case that Sorokin should reduce the scope of its previous decision granting the complainants a preliminary injunction.
But Sorokin rejected, targeting the Trump administration for not having explained how narrower injunction would work in practice.
“That is to say that they have never approached what makes an assetable or feasible proposal, how defendant agencies could implement it without imposing important administrative or financial charges on the complainants, nor how it is on foot with other relevant federal laws,” wrote Sorokin. “In fact, they characterized questions such as not relevant for the task that the court now undertakes. The position of the defendants in this regard defies both the law and the logic.”
The federal judge of New Jersey also wrote that he had “undoubtedly the Supreme Court would ultimately settle the question” to know if Trump’s order is constitutional. “But in the meantime, for the purpose of this trial at this stage, the decree is unconstitutional.”
Sorokin is the third court to block or maintain a block on Trump’s order since the decision of the Supreme Court last month which has widened an exception for the challenges of class action.
Earlier this week, an American court of appeal Judged that Trump’s executive order was unconstitutional And confirmed a lower court decision which blocked its application to the national scale.
A federal judge of New Hampshire also prevented the order from entering into force national in a decision earlier this month. In this case, the judge, Joseph Laplante, interrupted his decision to give the administration a chance to appeal. But that did not do it, which means that his order entered into force last week.
What people say
Sorokin said in his 23 -page decision on Friday: “Despite the chosen path of defendants, the court – subsidized substantially by the meticulous factual and legal submissions of the applicants – undertook the examination required by [June’s Supreme Court ruling] And considered as if his original order has swept too largely. “”
He added: “After a careful examination of the law and the facts, the court answers this question in the negative.”
The New Jersey Attorney General, Matthew Platkin, who led the case before Sorokin, said in a statement: “Babies of American origin are American, just as they have been every twice in the history of our country. The president cannot change this legal rule with a pen.”
What happens next
The case will almost certainly return to the Supreme Court, which has a conservative majority 6-3 and gave the Trump administration More than a dozen critical victories So far this year.