US President Donald Trump displays signed executive order – Photo: Reproduction

A federal judge from the United States issued, on Thursday (23), an order of temporary restriction to block the executive order of President Donald Trump that seeks to end citizenship by right of birth.

The decision represents Trump’s first setback in court since returning to the White House on Monday (20), and occurs after 22 states filed lawsuits, signed a day after his inauguration.

“This is a flagrantly unconstitutional decree,” said Washington Judge John Coughenour during the hearing. “We looked back in the story and say, ‘Where were the judges, where were the lawyers?’ Frankly, I have difficulty understanding how a member of the Bar Association can claim with confidence that this is a constitutional decree, ”he said, questioning the measure more broadly.

An executive order of Trump, signed on the first day of his mandate, tries to restrict this right to children of undocumented immigrants and temporary visitors. The measure provoked immediate reactions: 22 states have entered the court to stop the measure, claiming that it violates constitutional principles and may leave thousands of stateless newborns.

Federal Courts, including the State of Washington, issued injunctions against the implementation of the order. The case should reach the Supreme Court, reopening a legal debate that dates back to the 1898 Wong Kim Ark case.

Wong Kim Ark was born in San Francisco, California, in 1873, the son of Chinese immigrants who were subject to the laws of racial exclusion and restrictive immigration of the time. Despite being born in the United States, Wong had his citizenship contested by the US government after returning from a trip to China on the grounds that, as the son of Chinese immigrants, he would not be entitled to American citizenship.

The Supreme Court decided in its favor, establishing that anyone born in the United States, regardless of their parents’ citizenship or migratory status, is an American citizen, according to the 14th amendment. This precedent is one of the pillars of the modern interpretation of the principle of Jus Soli (soil law) in the United States.

For many jurists, Trump’s decree violates the 14th Constitution Amendment, which guarantees the so -called Jus Soli (“right of soil”), that is, access to citizenship to those born in a territory, regardless of the nationality of their parents.

Understanding is common in several countries in the Americas, such as Brazil, and contrasts with Jus Sanguinis (“Blood Law”), frequent in European nations such as Italy, for example, which allows citizenship under the criterion of descent.

In the original text of the law, “all people born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States and the state in which they reside.”

Representing the state of Washington, lawyer Lane Polozola argued that “births cannot be interrupted” while the court analyzes the case and, therefore, immediate restriction on the decree was necessary.

“Babies are being born here today, in the demanding states and across the country, with a cloud about their citizenship,” said Polozola, stating that children with denied citizenship will suffer “substantial negative impacts.”

According to the state’s contestation, 255,000 babies of undocumented mothers with temporary visa were born in the United States in 2022 and 155,000 with both parents under these conditions. A study by the Institute of Migratory Policy in partnership with the Pennsylvania State University points out that the decree can exponentially increase the number of irregular people in the country – the exact opposite of what the republican platform says.

“In a scenario that deny American citizenship to babies with an unauthorized parent, our analysis concludes that the unauthorized population would increase to 24 million by 2050, compared to the current 11 million,” the Institute told BBC British network.

Trump enlarges police powers

While facing legal resistances, Trump’s decree has expanded the scope of deportation operations. Agencies such as the US Anti-Drug Agency (DEA), the FBI (Federal Department of Investigation) and the ATF (Alcohol, tobacco, firearm and explosives ATF (ATF) began to act directly on migratory cases, deviating from their original attributions .

This expansion has generated internal criticism: servers warn that the measure overloads institutions, compromising the efficiency in combating organized crime.

In addition, Republican’s orders guidelines eliminate restrictions on arrests in sensitive places such as schools and hospitals, intensifying the climate of fear among immigrant communities.

The United States Immigration and Customs Service (ICE) has detained nearly 500 illegal immigrants across the country during the early hours of President Donald Trump’s term, international press said the agency on Thursday.

There were approximately 460 arrests in a period of 33 hours, including people with criminal history such as sexual aggression, theft, domestic violence and other crimes.

At the southern border, the situation is described as chaotic. The “Remain in Mexico” program is reinstated, forcing asylum to wait for Mexican territory until their cases are tried. Cities like Tijuana and Ciudad Juárez face a humanitarian crisis, with overcrowded shelters and cartels exploring the vulnerability of migrants.

The Mexican government, led by Claudia Sheinbaum, tries to mitigate the effects of this policy with the creation of new shelters and distribution of financial aid. However, experts point out that resources are insufficient in the face of the magnitude of the problem.

Source: vermelho.org.br



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