| |
NH Judge Hears Birthright Class Action 07/10 06:13
CONCORD, N.H. (AP) -- A federal judge in New Hampshire will hear arguments
Thursday on whether to certify a class-action lawsuit that would include every
baby affected by President Donald Trump's restrictions on birthright
citizenship.
The lawsuit, filed on behalf of a pregnant woman, two parents and their
infants, is among numerous cases challenging Trump's January order denying
citizenship to those born to parents living in the U.S. illegally or
temporarily. Represented by the American Civil Liberties Union and others, the
plaintiffs are seeking to have their case certified as a class action and to
block implementation of the order while litigation continues.
"Tens of thousands of babies and their parents may be exposed to the order's
myriad harms in just weeks and need an injunction now," lawyers for the
plaintiffs wrote in court documents filed Tuesday.
At issue is the Constitution's 14th Amendment, which states: "All persons
born or naturalized in the United States and subject to the jurisdiction
thereof, are citizens of the United States." The Trump administration says the
phrase "subject to the jurisdiction thereof" means the U.S. can deny
citizenship to babies born to women in the country illegally, ending what has
been seen as an intrinsic part of U.S. law for more than a century.
"Prior misimpressions of the citizenship clause have created a perverse
incentive for illegal immigration that has negatively impacted this country's
sovereignty, national security, and economic stability," government lawyers
wrote in the New Hampshire case. "The Constitution does not harbor a windfall
clause granting American citizenship to ... the children of those who have
circumvented (or outright defied) federal immigration laws."
Legal battles continue in multiple states
Several federal judges have issued nationwide injunctions stopping Trump's
order from taking effect, but the U.S. Supreme Court limited those injunctions
in a June 27 ruling that gave lower courts 30 days to act. With that time frame
in mind, opponents of the change quickly returned to court to try to block it.
New Jersey and the more than dozen states joining its case in Massachusetts
federal court have asked the judge to determine if the nationwide injunction in
their case could still apply under the high court's ruling. The judge has
scheduled a hearing for July 18.
"Everybody knows there's a 30-day clock, so our hope is that we get an
answer prior to the end of the 30-day clock," New Jersey Attorney General Matt
Platkin told The Associated Press in a recent interview.
In a Washington state case before the 9th U.S. Circuit Court of Appeals, the
judges have asked the parties to write briefs explaining the effect of the
Supreme Court's ruling. Washington and the other states in that lawsuit have
asked the appeals court to return the case to the lower court judge.
As in New Hampshire, the plaintiff in a Maryland seeks to organize a
class-action lawsuit that includes every person who would be affected by the
order. The judge set a Wednesday deadline for written legal arguments as she
considers the request for another nationwide injunction from CASA, a nonprofit
immigrant rights organization.
Ama Frimpong, legal director at CASA, said the group has been stressing to
its members and clients that it is not time to panic.
"No one has to move states right this instant," she said. "There's different
avenues through which we are all fighting, again, to make sure that this
executive order never actually sees the light of day."
New Hampshire plaintiffs include parents, babies
The New Hampshire plaintiffs, referred to only by pseudonyms, include a
woman from Honduras who has a pending asylum application and is due to give
birth to her fourth child in October. She told the court the family came to the
U.S. after being targeted by gangs.
"I do not want my child to live in fear and hiding. I do not want my child
to be a target for immigration enforcement," she wrote. "I fear our family
could be at risk of separation."
Another plaintiff, a man from Brazil, has lived with his wife in Florida for
five years. Their first child was born in March, and they are in the process of
applying for lawful permanent status based on family ties -- his wife's father
is a U.S. citizen.
"My baby has the right to citizenship and a future in the United States," he
wrote.
|
|
