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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Indian student dies after suffering severe injuries in house fire in US
New York (PTI): A 24-year-old Indian student in the US has died after suffering severe injuries in a house fire, according to the Indian mission here.
Sahaja Reddy Udumala was pursuing a Master’s degree in Albany, New York.
The Consulate General of India in New York said in a post on X on Friday (local time) that it is “deeply saddened by the untimely demise” of Udumala, who lost her life in the house fire incident in Albany.
“Our thoughts and heartfelt condolences to her family during this difficult time,” the Consulate said, adding that it is in touch with Udumala’s family and is extending all possible assistance.
The Albany Police Department said in a statement that its personnel and the Albany Fire Department responded to the house fire on the morning of December 4.
When they arrived at the scene, officers and firefighters found the residence fully engulfed in flames and learned that several individuals were still inside the home.
They were able to locate four adult victims inside the residence, who were treated on scene by emergency medical personnel before being transported to a hospital, where they are being treated for serious injuries.
Two of the victims were later transferred to a medical burn centre for further treatment.
“Tragically, the adult female victim succumbed to her injuries she sustained in the fire,” the police department said.
It did not release the victim’s name pending notification of kin but the deceased has been identified as Udumala by her family.
A fundraiser has been launched by Udumala’s cousin Rathna Gopu to help cover funeral and memorial expenses, repatriation and transportation arrangements, immediate family support and additional expenses resulting from the tragic accident.
“…our family experienced an unimaginable tragedy when our beloved cousin, Sahaja Udumala, passed away following a devastating fire accident.
"Sahaja was just 24 years old, a bright and hardworking student pursuing her Master’s degree in Albany, NY, with a future full of dreams, hope, and promise,” Gopu said on the fundraiser.
Gopu added that Udumala sustained severe burn injuries affecting nearly 90 per cent of her body.
“She struggled immensely, fighting with all the strength she had. Despite all medical efforts, her condition continued to worsen, and she ultimately experienced complete organ failure, leading to her passing this morning,” Gopu said, adding that Udumala was known for her kindness, determination, and the warmth she shared with everyone around her.
“Losing her so suddenly has left our family devastated and facing unexpected emotional and financial hardships.”
So far, over USD 109,000 have been raised through donations out of the total amount of USD 120,000.
