US city judge Deborah Boardman blocked President Donald Trump’s executive order, which would have restricted heritage citizen, on February 5, 2025, in a substantial legal defeat for the Trump presidency.
The administrative order, titled” Protecting the Meaning and Value of American Citizenship,” was signed by President Trump on Day 1, and made the decision to forbid children born in the US on or after February 19, 2025 from being eligible for citizenship by conception if their parents were fraudulently present or kept non-immigrant visa holders like H-1B or L permits. In other words, a family had to be a US citizen or possessing a green cards. As TOI has pointed out, waiting for an employment-related green card for thousands of Indians in the US may suffer.
Five undocumented pregnant women ( including a doctor ) and two non-profits that support immigrants filed the lawsuit in the US district court of Maryland. Judge Boardman determined that the executive order is in conflict with the US Constitution’s Fourteenth Amendment and goes against the US Supreme Court’s law for affirming inheritance membership. Membership is a most priceless right, she stated in her decision, and she highlighted the irreparable injury that the professional order had cause to the damaged families.
Following Judge John Coughenour’s earlier emergency temporary restraining order in a district judge in Washington, this global preliminary lawsuit follows. The prosecutor had held President Trump’s executive order to be firmly contrary to the Fourteenth Amendment’s words and past, century-old Supreme Court law, historic Executive Branch view, and the Immigration and Nationality Act.
In both cases, the courts point out that the defendants are incredibly likely to prevail on the virtues of their claims. Judge Boardman’s initial order will remain in place until the lawsuit is settled or overturned by a higher court, despite Judge Coughenour’s temporary get temporarily halting the executive action.
It is likely that the US Supreme Court will ultimately decide the subject as the legal issues to this professional get continue across city courts, including those brought by 22 state prosecutor generals, according to immigration lawyers.
What should be the following steps, but, if the Entrepreneurship sail through the issue that is significant to the Indian diaspora? Mitch Wexler, top counsel at Fragomen, a worldwide immigration law firm explains,” For children born to parents with H-1B, L-1, F-1 or any other valid, momentary status, these individuals would probably be required to obtain evidence of their child’s centered non-immigrant status (eg, H-4, L-2, F-2 etc. ) through an immigration application”.
