Indian American Impact and Stop AAPI Hate have issued statements condemning the U.S. Supreme Court's decision that limits the power of federal judges to issue nationwide injunctions.
The June 27 judgement by the top court strengthens President Donald Trump's executive order aimed at ending birthright citizenship for children born in the U.S. to parents who are undocumented or on temporary visas.
The ruling, authored by Justice Amy Coney Barrett, did not address the constitutionality of Trump's order but curtailed the ability of lower courts to block it nationwide, allowing the policy to potentially take effect in some states after a 30-day delay.
Chintan Patel, Executive Director of Indian American Impact, said in a statement, “This decision is nothing short of an attack on our democracy and the rule of law. By limiting the power of courts to block dangerous executive actions nationwide, the Supreme Court has handed Trump a powerful weapon to pursue his anti-immigrant agenda- including ending birthright citizenship."
Indian American Impact alleges that a systematic campaign exists to criminalize and roll back constitutional protections for immigrants. They claim, “The consequences of this decision are immediate, real, and devastating as South Asian American families across the country will now face uncertainty about whether their U.S.-born children will be recognized as citizens.”
Stop AAPI Hate pointed out, in a statement, that this would effectively ensure that only those plaintiffs with standing to sue would be allowed citizenship. It labeled the decision as a "dangerous step backward in the fight for equal rights," as the child’s right to citizenship depends on geography or access to the courts to seek individual relief.
Cynthia Choi, Co-founder of Stop AAPI Hate and Co-Executive Director of Chinese for Affirmative Action, said in a statement, “Let’s call this outcome what it truly is: It’s part of a broader attempt by the Trump administration to erase communities of color in America and to weaken our political power for generations to come."
Choi added, “The Supreme Court’s decision to undermine children’s constitutional right to birthright citizenship is a direct threat not just to the futures of Asian American families but also to our rightful place in this country as a community woven into its fabric. Narrowing the nationwide injunctions that have thus far paused Trump’s birthright citizenship executive order will devastate Asian American communities now and long into the future."
Addressing the plight of the potentially affected children, Choi said, "The Court’s ruling permits the creation of a new class of stateless individuals, leaving countless children in limbo, tearing families apart, and fundamentally calling into question whether immigrant families and people of color have a place in this country."
She added, “innocent babies born without birthright citizenship will be stripped of basic human rights to education and healthcare and could be subjected to deportation. And, as adults, they could be forced to live in the only country they’ve ever known as a stateless population, politically disenfranchised and vulnerable to inhumane treatment.”
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