a federal judge suspends the challenge to land rights ordered by Donald Trump

On Thursday, January 23, an American judge suspended the challenge to land law ordered by the new president, Donald Trump, a measure emblematic of his anti-immigration offensive.

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

“Obviously, we will appeal”declared the American president to the press from the Oval Office of the White House in reaction to this suspension. The Ministry of Justice, for its part, assured that the presidential decree “interprets correctly” the 14th^e amendment. The case is likely to go all the way to the Supreme Court.

Following his inauguration on Monday, Donald Trump signed a decree returning to land rights, a founding principle enshrined by the 14^e amendment to the American Constitution and applied for more than one hundred and fifty 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.

“I have been a judge for over forty years and I cannot remember another case in which the question asked is as clear as this one”added Judge Coughenour, suspending the decree for fourteen days, according to the New York Times.

The risk of making children stateless

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 of rights each year in the United States, and risked making some of them stateless.

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

Thursday’s decision applies nationwide, according to the Associated Press. “We must hope that this unconstitutional and anti-American decree will never come into force”said the Attorney General (Democratic) of the State of Washington, Nick Brown, in a press release welcoming the suspension. “Citizenship cannot be conditioned by race, ethnicity or origin of parents”he added. “It is the law of our nation, recognized by generations of jurists, legislators and presidents, until President Trump’s illegal action. »

Arizona Attorney General Kris Mayes, for her part, welcomed “a victory for the rule of law. » “No president can change the Constitution on a whim and today’s decision affirms that”added this elected Democrat, in a press release.

Donald Trump’s decree, which he signed on the day of his inauguration, Monday January 20, was to come into force on February 19. The president himself admitted to expecting challenges in court. He also ruled that land law is a principle « ridicule »and had falsely claimed that the United States would “the only ones” to apply it. In reality, dozens of countries recognize soil law, including France, Canada and Mexico.