Washington DC:
In a big relief for Indian students and professionals living in the United States on visas and awaiting green cards, a federal judge in Seattle has indefinitely blocked President Donald Trump’s executive order that seeks to end birthright citizenship. Slamming the order, the court reportedly said Trump is trying to skirt the rule of law to play “policy games” with the Constitution.
US District Judge John Coughenour’s preliminary injunction is the second major legal blow to Trump’s efforts to alter the US law as part of a broader immigration crackdown after a federal judge in Maryland issued a similar ruling.
“It has become ever-more apparent that to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” Judge Coughenour said during a hearing on Thursday in Seattle, according to a report by CNN.
“In this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow,” Coughenour continued.
The judge noted that the Constitution is not something with which the government can play policy games. “If the government wants to change the exceptional American grant of birthright citizenship, it needs to amend the Constitution itself,” he stressed.
The new nationwide preliminary injunction issued in Seattle expands a previous short-term block Coughenour issued against the President’s order days after he signed it. It came a day after US District Judge Deborah Boardman in Maryland issued another preliminary injunction against Trump’s order on Wednesday.
Both orders apply nationwide and will remain in effect while the case proceeds. The Justice Department said late Thursday it was appealing the Seattle court’s order. The appeal of the preliminary injunction will reportedly go to the 9th US Circuit Court of Appeals, a left-leaning appeals court, a move that could eventually land the issue before the US Supreme Court.
How Does Trump’s Order Affect Indians In America?
Soon after taking for the second time on January 20, Trump signed an executive order ending birthright citizenship in the United States. The order denies US citizenship to children born on American soil to parents who are not permanent residents of the United States.
The order caused concerns among the Indian community in the US, particularly those living on temporary visas like H-1B (work visas), L (intra-company transfers), H-4 (dependent visas) and F (student visas). As per Trump’s order, children born to parents on temporary visas would not get citizenship unless one parent was a US citizen or a green card holder.
Without the right to birthright citizenship, children of these immigrants are at risk of losing access to in-state tuition rates, federal financial aid and scholarships, significantly impacting their educational prospects. The order caused many expectant Indian parents to rush for pre-term deliveries before February 20– the deadline fixed by Trump’s order.
Trump’s order also brought anxieties for Immigrants caught in green card backlogs, as their children born outside America could be forced to self-deport upon turning 21 unless they secure another visa.