SEATTLE: A federal judge who already questioned the constitutionality of President Donald Trump’s birthright citizenship executive order is set to hear arguments Thursday over a longer-term pause of the directive, which aims to end citizenship for children born to parents not legally in the country.
US District Judge John Coughenour in Seattle has scheduled a hearing involving lawyers from the Trump administration, four states suing to stop the order, and an immigrant rights organization, which is challenging it on behalf of a proposed class of expectant parents.
The latest proceeding comes just a day after a Maryland federal judge issued a nationwide pause in a separate but similar case involving immigrants’ rights groups and pregnant women whose soon-to-born children could be affected.
Here’s a closer look at where things stand on the president’s birthright citizenship order.
Where do things stand on birthright citizenship?
The president’s executive order seeks to end the automatic grant of citizenship to children born on US soil to parents who are in the country illegally or who are here on a temporary, but lawful, basis such as those on student or tourist visas.
For now, though, it’s on hold. Two weeks ago, Coughenour called the order “blatantly unconstitutional” and issued a 14-day temporary restraining order blocking its implementation. On Wednesday, US District Judge Deborah Boardman followed that up with an injunction keeping it on hold long-term, until the merits of the case are resolved, barring a successful appeal by the Trump administration.
Asked by Boardman if the administration would appeal, an attorney for the administration said he didn’t immediately have the authority to make that decision.
What’s happening in the latest case?
On Thursday, the birthright citizenship issue is back before Coughenour, a Ronald Reagan appointee. During a hearing last month, he said the case stood out in his more than four decades as a federal judge. “I can’t remember another case where the question presented was as clear as this one is,” he told a Justice Department attorney.
His temporary order blocking the executive action was set to expire Thursday when he’ll hear arguments over whether he should issue an injunction similar to the one issued by the judge in Maryland.
What about the other cases challenging the president’s order?
In total, 22 states, as well as other organizations, have sued to try to stop the executive action.
The matter before the Seattle judge Thursday involves four states: Arizona, Illinois, Oregon and Washington. It also has been consolidated with a lawsuit brought by the Northwest Immigrant Rights Project. Eighteen states, led by Iowa, have filed a “friend-of-the-court” brief supporting the Trump administration’s position in the case.
Yet another hearing is set for Friday in a Massachusetts court. That case involves a different group of 18 states challenging the order, including New Jersey, which is the lead plaintiff.
What’s at issue here?
At the heart of the lawsuits is the 14th Amendment to the Constitution, ratified in 1868 after the Civil War and the infamous Dred Scott Supreme Court decision, which held Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.
The plaintiffs argue the amendment, which holds that “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” are indisputably citizens.
The Trump administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.
“The Constitution does not harbor a windfall clause granting American citizenship to ... the children of those who have circumvented (or outright defied) federal immigration laws,” the government argued in reply to the Maryland plaintiffs’ suit.
Attorneys for the states have argued that it certainly does — and that has been recognized since the amendment’s adoption, notably in an 1898 US Supreme Court decision. That decision, United States v. Wong Kim Ark, held that the only children who did not automatically receive US citizenship upon being born on US soil were children of diplomats, who have allegiance to another government; enemies present in the US during hostile occupation; those born on foreign ships; and those born to members of sovereign Native American tribes.
The US is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.
What to know about the court cases over President Trump’s birthright citizenship order
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What to know about the court cases over President Trump’s birthright citizenship order
- Trump’s executive order aims to end citizenship for children born to parents not legally in the country
New ‘superfood’ transforms livelihoods in India’s rural east
- Known as fox nut or lotus seed, makhana is rich in protein, dietary fiber, minerals
- Most of the world’s makhana production is in Bihar, one of India’s poorest states
BIHAR: Wading through knee-deep, stagnant water, Mahesh Mukhia plunges his hands into the mud, pulling up handfuls of sludge that he and others toss into a large, partially submerged basket.
After a while, they shake the basket to drain away the water and debris. What remains is makhana — round black seeds that have lately gained popularity as India’s new superfood.
A regional Indian snack, also known as fox nut or lotus seed, makhana is the edible seed of the prickly waterlily. The plant grows in freshwater ponds and wetlands in southern and eastern Asia.
After makhana seeds are handpicked from pond beds, cleaned, and sun-dried, they are roasted at high heat so their hard black shells crack open and release the white, popcorn-like puffed kernels, which are eaten as snacks or used in dishes.
It has long been known for its nutritional value — high in plant-based protein and dietary fiber, the seeds are also rich in minerals and gluten-free — which over the past few years have helped it gain global attention and are transforming farmlands in Bihar, one of India’s poorest states.
“Earlier, people were not researching it but now, after research, makhana’s nutritional values have been highlighted. Now this is a superfood. That’s why demand is growing everywhere,” said Mahesh Mukhia, a farmer in Kapchhahi village in Bihar’s Darbhanga district, whose family has been harvesting the seeds for generations.
“The difference is that my forefathers did farming in a traditional way, but we’ve learnt to do it in a scientific way,” Mukhia told Arab News.
“There is Bhola Paswan Shastri Agricultural College in the neighboring Purnea district. I went there for training. After I started practicing farming the way I learnt, the yield increased by more than 30 percent.”
Makhana farming is highly labor-intensive, starting with the cultivation of water lilies in shallow ponds. The plants require constant monitoring as they are sensitive to water levels and pests.
Harvesting takes place between August and October. Workers pluck the seeds by hand and then dry them under the sun for several days before they can be processed.
The processing and roasting of makhana also require significant effort. The dried seeds are first de-shelled by manually cracking them, followed by multiple rounds of roasting to make them crisp.
Whole families are involved in the production, which has been expanding since 2020, when the state government introduced the Makhana Development Scheme.
Besides training in farming and processing, growers who cultivate fox nut receive $820 per hectare.
“The rate has also gone up. The makhana that we used to sell at 200-300 ($2-$3) rupees per kg is now selling at 1,000 ($12) or 1,500 rupees per kg,” Mukhia said.
“Makhana farmers are now making a profit. Those who are growing makhana are earning well, those who are popping it are also doing well, and those involved in trading are making profits too. We are getting good demand from everywhere. I just received an order for 25 tonnes recently.”
Bihar currently produces over 85 percent of India’s makhana and accounts for most of the world’s production, according to Ministry of Commerce and Industry estimates.
According to reports by the Indian Brand Equity Foundation and the Agricultural and Processed Food Products Export Development Authority, India accounts for roughly 85 to 90 percent of the world’s production.
Farmland where the crop is grown has increased many times over the past decade and can now be compared to the area covering half of New York City.
More than 600,000 people are involved in the makhana industry in Bihar, according to Niraj Kumar Jha, Darbhanga district’s horticulture officer.
“Earlier, we were cultivating 5,000 hectares in the Kosi and Mithlanchal regions. But now it has expanded to 35,000 hectares, and with many supportive schemes, farmers are increasingly encouraged to grow makhana,” he said.
“We are strengthening our marketing channels. We’ll reach the metro cities as well as world markets ... We can see that makhana is growing very popular, not only in India.”
