A federal judge from the United States vetoed again on Thursday, 10, the decree of President Donald Trump who restricted the citizenship of children born in American territory whose parents have not residence authorized in the country.
The order of Judge Joseph Laplante, of the new Hampshire, took place even with a decision of the Supreme Court of the United States in late June that limited the action of federal courts against government decrees.
The understanding of the US Supreme Court was a victory for Trump management, which since January issued a series of decrees contested by the American court, including restriction to citizenship for born in the country.
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The judge understood that children could be deprived of American citizenship if Trump’s order came into force. “This is an irreparable damage to citizenship by itself,” he said. “It’s the greatest privilege in the world.”
ACLU (US Union for Civil Freedoms) and other organizations entered the process just a few hours after the Supreme Court decided to limit, on June 27, the reach of lower court decisions compared to federal government decrees in a victory for Trump.
The decision resulted from the judgment of three specific actions on the measure that restricted the right to citizenship by birth of children of immigrants.
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The White House funds addressed only the instruments used by the judges to block the decree. Therefore, the Supreme Court did not judge the merits of the lawsuits, only the capacity of the federal judges to grant the boundaries of national reach -which in practice blocked measures taken via decree.
Seeking to explore an exception provided for in the determination, the lawyers of the organizations argued that judges can still block Trump policies in collective actions.
The Justice Department argued that Trump’s order is in accordance with the Constitution and asked Judge Laplante to consider that the authors of the case have no right to sue collective action status.
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Trump’s decree had been suspended by five federal courts, which considered him unconstitutional for counteracting the 14th amendment text, which says: “All people born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States and the state in which they reside.”
In the United States, “Jus Soli”, as the right to citizenship by birth is also called, was coded in the Constitution in 1868, when the 14th amendment was approved.
Part of the so -called “amendments of the civil war”, it originally aimed to guarantee citizenship to the newly liberated black population of slavery in the conflict -and thus extended this right to anyone born in American territory.
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In Brazil, citizenship also follows the principle of “jus solo” -in the general, people born in national territory are Brazilian.
According to immigrant rights advocates contesting the measure, more than 150,000 newborns would no longer receive American citizenship annually if the order comes in force at a national level.
