New Hampshire judge pauses Trump's birthright citizenship order nationwide via class action lawsuit
Concord (US), Jul 10 (AP): A federal judge in New Hampshire issued a ruling Thursday prohibiting President Donald Trump's executive order ending birthright citizenship from taking effect anywhere in the US.
Judge Joseph LaPlante issued a preliminary injunction blocking Trump's order and certified a class action lawsuit including all children who will be affected. The order, which followed an hour-long hearing, included a seven-day stay to allow for appeal.
The judge's decision puts the birthright citizenship issue on a fast track to return to the Supreme Court. The justices could be asked to rule whether the order complies with their decision last month that limited judges' authority to issue nationwide injunctions.
The class is slightly narrower than that sought by the plaintiffs, who wanted to include parents, but attorneys said that wouldn't make a material difference.
“This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,” said Cody Wofsy, an attorney for the plaintiffs.
The lawsuit was filed on behalf of a pregnant woman, two parents and their infants. It's among numerous cases challenging Trump's January order denying citizenship to those born to parents living in the US illegally or temporarily. The plaintiffs are represented by the American Civil Liberties Union and others.
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 US can deny citizenship to babies born to women in the country illegally, ending what has been seen as an intrinsic part of US 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.
LaPlante, who had issued a narrow injunction in a similar case, said while he didn't consider the government's arguments frivolous, he found them unpersuasive. He said his decision to issue an injunction was “not a close call” and that deprivation of US citizenship clearly amounted to irreparable harm.
“That's irreparable harm, citizenship alone,” he said. “It is the greatest privilege that exists in the world.”
During Thursday's hearing, Deputy Assistant Attorney General Eric Hamilton argued that both approving a class action and issuing an injunction would be premature, given that no one other than Trump has taken action.
He said doing so would mean a single court could become the “end-all-and-be-all” in reversing new federal policies and said if anything, the injunction should be limited to New Hampshire.
In a Washington state case before the 9th US 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, a plaintiff in Maryland seeks to organise 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 organisation.
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.”
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 US 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 US citizen.
“My baby has the right to citizenship and a future in the United States,” he wrote.
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Experience comes when you play bigger teams in bilateral series: Rashid Khan
Chennai (PTI): Afghanistan skipper Rashid Khan called for more bilateral series against stronger cricketing nations after his team signed off from the T20 World Cup on a high, defeating Canada in their final group match here on Thursday.
Afghanistan played some exhilarating cricket, going down to South Africa in a gripping second Super Over after the scores were tied, a humdinger that provided one of the early thrills of the World Cup.
However, the spin-bowling stalwart said Afghanistan could make significant strides if they get regular opportunities to compete against stronger cricketing nations.
"Couple of areas to improve, with the batting, the middle order got a bit stuck against the big teams, and then with the bowling the death overs. That comes when you play the bigger teams in bilateral series," said Rashid after his team defeat Canada by 82 runs, with him returning excellent figures of 2 for 19.
The stalwart said the side had arrived well prepared for the tournament and produced some breathtaking cricket, but admitted the narrow defeat to South Africa proved costly and remained a painful setback.
"We were well-prepared (for the tournament), we played some unbelievable cricket. The game against South Africa, that really hurt everyone. We had to win one of those (first two) games and see how the tournament unfolded. We'll take some positive things from this World Cup and look forward," he said.
With head coach Jonathan Trott set to part ways with the team, Rashid described the departure as an "emotional" moment for the side.
"I think we had some wonderful times with him. Where we are now, he played a main role. It's emotional to see him leave us, but that's how life is. We wish him all the best and somewhere down the line we see him again."
Ibrahim Zadran, who was named Player of the Match for his unbeaten 95 off 56 balls, said it was satisfying to finally register a substantial score after two below-par outings.
"I enjoyed it, didn't play better cricket in first two innings, which I expect. Wanted to back my skills, really enjoyed it. Pressure was there, it's there all the time. I want to put myself in pressure situations and enjoy it," said Zadran.
"Wanted to play positive cricket, rotate strike and punish bad ball, create partnerships and this is what I have done."
