(Image source from: REUTERS)
In a significant development for Indian students and professionals residing in the United States on visas while waiting for green cards, a federal judge in Seattle has placed an indefinite hold on President Donald Trump's executive order aimed at abolishing birthright citizenship. The court has criticized this order, stating that Trump is attempting to bypass the rule of law to engage in "policy games" concerning the Constitution. US District Judge John Coughenour's preliminary injunction represents a second significant legal setback for Trump's attempts to modify US law as part of a comprehensive immigration enforcement strategy, following a similar ruling by a federal judge in Maryland. Judge Coughenour remarked during a Thursday hearing in Seattle, according to CNN, "It is increasingly clear that to our president, the rule of law is merely an obstacle to his policy ambitions. He views the rule of law as something to be circumvented or disregarded, whether for political or personal purposes."
He added, "In this courtroom and under my oversight, the rule of law stands as a guiding light that I intend to uphold." The judge emphasized that the Constitution cannot be used as a tool for policy maneuvers by the government. "If the government wishes to alter the unique American privilege of birthright citizenship, it must amend the Constitution itself," he insisted. The recently issued nationwide preliminary injunction from Seattle extends an earlier temporary block Judge Coughenour imposed shortly after the President signed his order. This action followed another nationwide preliminary injunction issued by US District Judge Deborah Boardman in Maryland the previous day. Both injunctions will remain in place as legal proceedings continue. The Justice Department announced late Thursday that it plans to appeal the ruling from the Seattle court. This appeal will likely progress to the 9th US Circuit Court of Appeals, which is known for its liberal tendencies, potentially elevating the matter to the US Supreme Court.
Upon his re-election on January 20, Trump signed an executive order that seeks to eliminate birthright citizenship in the United States. The order specifies that children born in the US to parents who lack permanent residency will be denied citizenship. This directive raised alarm within the Indian community in the US, especially among those on temporary visas such as H-1B (work visas), L (intra-company transfers), H-4 (dependent visas), and F (student visas). According to Trump's order, the offspring of individuals on temporary visas would not qualify for citizenship unless at least one parent is a US citizen or holds a green card. Without the entitlement to birthright citizenship, the children of these immigrants risk losing access to in-state tuition rates, federal financial assistance, and scholarships, adversely affecting their educational opportunities. This directive prompted many expectant Indian parents to seek pre-term deliveries before February 20, the deadline established by Trump's order. Additionally, the order induced anxiety among immigrants facing lengthy green card processing delays.
