A federal judge has issued a preliminary injunction against President Trump's executive order aimed at ending birthright citizenship, siding with Attorney General Kathy Jennings and a coalition of states. The executive order was deemed to violate the 14th Amendment of the United States Constitution.
Attorney General Jennings commented on the ruling, stating, "The Court’s ruling should remind the President that we are a nation of laws as much as we are a nation of immigrants. The Constitution could not be any clearer. Today’s order protects not only American children — who deserve the same rights and opportunities as me, the president, and everyone else — but the institutions that restored this country after the Civil War."
President Trump had issued an executive order on January 20 to terminate birthright citizenship, contravening both the 14th Amendment and Section 1401 of the Immigration and Nationality Act. In response, Jennings and others filed lawsuits in federal courts to invalidate the executive order and prevent its implementation. Judge Leo Sorokin granted preliminary relief to halt the President's Order pending a trial.
Birthright citizenship has historical roots extending back centuries, including pre-Civil War America. Although initially denied by the Supreme Court's Dred Scott decision for descendants of slaves, it was later protected under the 14th Amendment post-Civil War.
If implemented, Trump's Order would have denied citizenship rights to approximately 700 babies born annually in Delaware since 1868. Those affected would lose basic rights such as eligibility for federal benefits programs, obtaining Social Security numbers, lawful employment opportunities, voting rights, jury service eligibility, and running for office.
The executive order also posed significant challenges for states by threatening federal funding for various programs like Medicaid and foster care assistance that depend on residents' immigration status. States would face immediate operational changes at considerable expense to accommodate these shifts.