New Delhi [India], January 24 : Former Indian diplomat KP Fabian noted that one federal judge has temporarily blocked US President Donald Trump's order restricting birthright citizenship and added that other judges might take similar action. He said that the matter will ultimately reach the Supreme Court where he said it is believed that most of the judges are "conservative or pro-Trump" and they might uphold it.
In an interview with ANI, Fabian stressed that the decision was against the 14th amendment of the US constitution. He also mentioned that some expecting mothers were hurrying with the delivery in the US and stressed that it was not wise to take such a decision which can have consequences for just to have American citizenship.
On being asked about US judge's decision to temporarily block Trump's order restricting birthright citizenship, he said, former Indian diplomat said, "Now, Trump as the head of the executive wing passed an executive order, against which 20 or more states went to the court now and not only the states but mainly the Democratic ruled states. Now one federal district judge has said that he has stayed it. Now we can imagine the other judges might also do the same thing but finally it will go to the Supreme Court where it is believed mark my words it is believed we are not sure that a majority of judges are conservative or pro-Trump."
"So, they might uphold it, but it is clear that it is against the 14th amendment of the US constitution. Now we hear that something expecting mothers are hurrying with the delivery through cesarean or otherwise. Now, this is not necessary nor wise because if you sort of you know prepone it, it can have dangerous consequences and all for what for this American citizenship, no, it's not worth it. We have to wait and also don't take it as a bilateral issue. It affects everyone let see," he added.
His remarks come after a federal judge in Seattle has temporarily blocked Donald Trump's executive order seeking to terminate birthright citizenship in the United States, calling the policy "blatantly unconstitutional," CNN reported.
Issuing a temporary restraining order on Thursday, Judge John Coughenour, a Reagan appointee, responded to a legal challenge by Washington Attorney General Nick Brown and three other Democratic-led states. The restraining order halts the implementation of the policy for 14 days, allowing for further legal briefings.
"I have been on the bench for over four decades. I can't remember another case where the question presented was as clear," Judge Coughenour stated, expressing disbelief that the executive order could have been signed.
"Where were the lawyers" when this decision was made, the judge asked, saying it "boggled" his mind that any legal professional would assert the order's constitutionality. The lawsuit argued that Trump's executive order violates the 14th Amendment of the US Constitution, which guarantees citizenship to all children born on American soil "and subject to the jurisdiction thereof."
The Trump administration contends that the 14th Amendment's clause, "subject to the jurisdiction thereof," permits the president to exclude children of undocumented immigrants and even those whose parents are lawfully present but lack permanent legal status.
Justice Department attorney Brett Shumate argued against the emergency order, urging the court to allow more time for briefing on the policy. "I understand your concerns," Shumate said, but cautioned against a "snap judgment on the merits."
Meanwhile, additional lawsuits against the executive order have been filed, including cases brought by Democratic attorneys general, immigrant rights groups, and individual plaintiffs.
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