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Trump’s Push to End Birthright Citizenship: An Attempt to Rewrite U.S. History?

As an immediate legal response, a federal judge in Seattle has temporarily blocked the executive order. U.S. District Judge John Coughenour issued a 14-day injunction halting its implementation.

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Sandipan Talukdar
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Trump’s Push to End Birthright Citizenship: An Attempt to Rewrite U.S. History?

Trump’s Push to End Birthright Citizenship: An Attempt to Rewrite U.S. History?

Out of the several executive orders Donald Trump signed on the first day of his second term at the White House, curtailing birthright citizenship is seen as undermining the historical foundation of this right, which was incorporated into U.S. law in the late 1800s and closely linked to slavery.

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As an immediate legal response, a federal judge in Seattle has temporarily blocked the executive order. U.S. District Judge John Coughenour issued a 14-day injunction halting its implementation. Trump’s executive order directed federal agencies to abolish birthright citizenship, which, if enforced, would deny citizenship to any child born in the U.S. if neither parent is a citizen or a legal permanent resident. This injunction provides temporary relief.

U.S. Judge Blocks Trump’s Order

During the hearing, Judge Coughenour described the executive order as “blatantly unconstitutional.” He remarked, “I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional. It just boggles my mind,” in response to Brett Shumate, the attorney from the Justice Department defending Trump’s order.

Slavery & the History of Birthright Citizenship in the U.S.

Judge Coughenour’s statement references the historical context of 1868, the year the 14th Amendment was ratified. In June 1868, the amendment declared that “any person born or naturalized in the United States, and subject to the jurisdiction thereof, is a citizen of the United States.” This marked a significant shift in the understanding of citizenship and equality in the U.S.

The background of this amendment is crucial. Slavery was abolished in 1865 through the 13th Amendment. However, its abolition did not resolve critical questions, such as whether newly freed African Americans would be recognized as U.S. citizens or granted the same legal protections as other citizens. The 14th Amendment emerged in response to these concerns, ensuring birthright citizenship.

At the time, American society was deeply divided. Despite the abolition of slavery, Southern states imposed Black Codes, laws that stripped African Americans of their rights and forced them into exploitative labor arrangements. In contrast, African Americans across the South were actively protesting against continued oppression, demanding equal rights.

Dred Scott v. Sandford Case: A Precursor to the 14th Amendment

In 1857, the U.S. Supreme Court ruled in the infamous Dred Scott v. Sandford case that Black people, whether free or enslaved, could not be U.S. citizens. Chief Justice Roger B. Taney stated that African Americans had “no rights which the white man was bound to respect.” This decision further entrenched the institution of slavery.

The 14th Amendment was introduced to overturn this ruling and guarantee equal rights to anyone born in the U.S. This amendment forms the legal foundation of birthright citizenship in the country.

Trump’s executive order contradicts this long-standing legacy of U.S. citizenship, fundamentally altering its legal interpretation. This explains why Judge Coughenour deemed the order unconstitutional. However, the injunction is only temporary, and the future of birthright citizenship in the U.S. remains uncertain.

Also Read: The Second Largest GHG Emitter Quits Paris Climate Agreement

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