Lawsuit Filed Against Trump’s Executive Order on Birthright Citizenship

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Lawsuit Filed Against Trump’s Executive Order on Birthright Citizenship

Synopsis

In a swift response to President Trump's executive order aimed at curtailing birthright citizenship, civil rights and immigration groups have launched a lawsuit. This marks the beginning of a crucial legal challenge regarding the rights of children born in the U.S. to undocumented parents.

Key Takeaways

  • Trump's executive order seeks to end birthright citizenship.
  • Civil rights groups have filed a lawsuit against the order.
  • The 14th Amendment guarantees citizenship to all born in the U.S.
  • The ACLU warns of statelessness for affected children.
  • Legal battles expected to reach higher courts.

Washington, Jan 21 (NationPress) Just hours after President Donald Trump enacted an executive order targeting the termination of birthright citizenship in the United States, a coalition comprising civil rights and immigration organizations initiated a lawsuit opposing this action, paving the way for a significant legal confrontation.

The executive order, which was signed on Monday evening, instructs federal agencies to withhold recognition of US citizenship for offspring born on American territory to parents who are either residing in the country unlawfully or hold temporary visas, unless at least one parent is a US citizen or a lawful permanent resident.

This order asserts that children born under these conditions will be ineligible for US citizenship, including passports, commencing 30 days post-signing.

The directive directly opposes a well-established legal understanding that the 14th Amendment of the Constitution guarantees birthright citizenship, eliciting prompt criticism.

The American Civil Liberties Union (ACLU), along with several state chapters and other entities, has lodged a 17-page lawsuit in federal court in New Hampshire on behalf of immigration advocacy groups, contending that the order is both unconstitutional and illegal.

According to the lawsuit, 'For plaintiffs -- organizations with members affected by the order -- and for families nationwide, this order aims to deprive their children of the 'priceless treasure' of citizenship, exposing them to a lifetime of exclusion and the dread of deportation from the only homeland they have ever known.'

'However, that is unlawful. The Constitution and Congress -- not President Trump -- determine who qualifies for full membership in American society.'

The lawsuit demands the court to rule the executive order as unlawful and to grant both temporary and permanent injunctions to prevent its execution.

Trump's order posits that the federal government should refrain from 'issuing documents acknowledging United States citizenship' to children born on US soil to parents who are in the country unlawfully or temporarily. It clarifies that the policy will take effect for children born 30 days following the signing of the order.

The ACLU's lawsuit cautions that the order could result in affected children becoming stateless, triggering widespread anxiety and uncertainty. Attorneys representing the coalition highlighted that some members of the immigration groups are currently expecting children who may be influenced by the order.

This initiative aligns with Trump's immigration strategy; however, it encounters substantial legal obstacles, as the 14th Amendment explicitly states, 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.'

The dispute over the order is anticipated to escalate to higher courts, with the possibility of reaching the Supreme Court.