In a significant relief for Indian students and professionals residing in the United States, a federal judge in Seattle has indefinitely blocked former President Donald Trump’s executive order aimed at ending birthright citizenship.
The court issued a scathing indictment of the order, accusing Trump of attempting to circumvent the rule of law for political gains.
US District Judge John Coughenour, issuing the preliminary injunction, criticised Trump’s legal strategy.
“It has become ever-more apparent that to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” he remarked during a hearing in Seattle.
The judge cited his commitment to upholding constitutional principles. “In this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow,” he said, adding that the Constitution was not a tool for political manoeuvring.
“If the government wants to change the exceptional American grant of birthright citizenship, it needs to amend the Constitution itself,” he emphasised.
The ruling represents the second significant judicial setback for Trump’s immigration policy. On Wednesday, US District Judge Deborah Boardman in Maryland issued a similar injunction against the order.
Both injunctions are applicable nationwide and will remain in effect as the case proceeds. The Justice Department announced late Thursday that it would appeal the Seattle court’s decision.
Reports suggest the appeal will be taken to the 9th US Circuit Court of Appeals, widely regarded as a left-leaning court. Legal experts predict that the issue may eventually reach the US Supreme Court.
Impact on Indians in the US
Trump’s executive order, signed shortly after he assumed office for a second term on 20 January, sought to deny citizenship to children born on American soil to parents who are not permanent residents.
The order prompted widespread concern among the Indian diaspora, particularly among those holding temporary visas, including H-1B (work visas), L (intra-company transfers), H-4 (dependent visas), and F (student visas). According to the order, children born to parents on these temporary visas would not qualify for citizenship unless one parent was a US citizen or a green card holder.
Legal analysts warned that the absence of birthright citizenship could deprive these children of in-state tuition rates, federal financial aid, and scholarship opportunities, thereby jeopardising their educational futures. The order led to a surge of expectant Indian parents seeking pre-term deliveries ahead of the 20 February deadline stipulated by the order.
Immigrants ensnared in green card backlogs also faced new anxieties. Without birthright citizenship, their children born outside the US risk being forced to self-deport upon turning 21 unless they secure a separate visa.
Court’s rationale and legal path ahead
Judge Coughenour’s new nationwide preliminary injunction builds upon an earlier short-term block issued shortly after Trump’s announcement.
The judge’s stance highlighted the constitutional inconsistency of the order, asserting that any alteration to birthright citizenship must be achieved through a formal constitutional amendment.
Legal scholars noted that the recent rulings reaffirm the judiciary’s role in checking executive overreach.
“The Constitution’s provision on citizenship is clear and long-standing. This order oversteps presidential authority,” said immigration law expert Dr. Rachel Winslow.
While Trump has frequently expressed disdain for judicial checks, analysts believe that the legal road ahead will be challenging for the former president.
“The 9th Circuit’s history leans towards protecting constitutional rights, and any further appeal is likely to face strong judicial scrutiny,” Winslow added.
For now, Indian families and other immigrant communities in the US have gained temporary respite from a policy that posed severe challenges to their long-term prospects.
