A judge suspends the challenge to land law ordered by Trump – 01/24/2025 at 03:19

An American judge on Thursday temporarily suspended the challenge to land law ordered by Donald Trump, a sign that the anti-immigration offensive desired by the Republican billionaire is promised to a long legal battle.

“This is a manifestly unconstitutional order,” said federal magistrate John Coughenour, quoted by local media during a hearing in Seattle. Reached by telephone, a court clerk confirmed the suspension to AFP.

In the wake of his presidential inauguration on Monday, Donald Trump signed a decree returning to the law of the soil, a principle enshrined in the 14th Amendment of the American Constitution and applied for more than 150 years in the United States.

This measure was immediately challenged in court by 22 American states, including California and New York, and several associations. They initiated several proceedings pointing out its unconstitutionality.

“Frankly, I find it difficult to understand how any member of the bar can unequivocally state that this is a constitutional order,” added Justice Coughenour, suspending the decree. “This perplexes me.”

The executive order was to prohibit the federal government from issuing passports, certificates of citizenship or other documents to children whose mother is in the United States illegally or temporarily, and whose father is not a U.S. citizen or permanent resident – holder of the famous green card.

Mr. Trump announced Thursday that his administration would “obviously” appeal this decision. The Department of Justice, for its part, assured that the presidential decree “correctly interprets” the 14th Amendment. The case is likely to go all the way to the Supreme Court.

By signing the decree, the president himself admitted to expecting challenges before the courts. He also judged that land law is a “ridiculous” principle, and falsely asserted that the United States would be “the only ones” to apply it.

In reality, dozens of countries recognize soil law, including Canada, Mexico and France.

– “Anti-American” –

The proceedings judged Thursday in Seattle were brought by the attorneys general of four states: Washington, Arizona, Oregon and Illinois.

They stressed that this decree could deprive 150,000 newborns each year of their rights in the United States, and risked rendering some of them stateless.

“We must hope that this unconstitutional and un-American decree will never come into force,” said Washington State Attorney General Nick Brown in a statement welcoming the suspension.

“Citizenship cannot be conditioned by race, ethnicity or parental origin,” the Democrat added. “It is the law of our nation, recognized by generations of jurists, legislators and presidents, until President Trump’s illegal action.”

“Soil law is as American as apple pie,” responded Ted Lieu, elected official from California, on social networks. “If you are born in the United States, you are American,” he added.

Arizona Attorney General Kris Mayes, for her part, hailed “a victory for the rule of law”

“No president can modify the Constitution on a whim and today’s decision affirms this,” added this elected Democrat in a press release.

According to her, this decision “is the first of many victories to come (…) against cases of excess of power by the executive.”

In addition to calling into question land law, Mr. Trump signed other decrees on Monday to launch a vast anti-immigration offensive, which he has made a top priority for his return to power.

In particular, he declared a state of emergency on the border between the United States and Mexico, and sent the army there to ensure surveillance. He also intends to tackle the right to asylum.

“The administration will really try to push the limits” and see if its measures “survive the courts”, Cris Ramon, of the NGO UnidosUS, explained to AFP on Monday, recalling that the role of the army is also circumscribed by law.

The Republican president's first term had already been marked by numerous legal battles over immigration with several states led by Democrats and migrant defense associations.