Immigration groups have launched a lawsuit against former US President Donald Trump following his recent executive order aimed at ending birthright citizenship for children born in the United States to parents who are unlawfully or temporarily in the country.
The executive order, signed on Monday at the White House, marks a significant shift in a policy that has been a cornerstone of American identity for over a century. According to Bloomberg, the lawsuit was filed just hours later in New Hampshire by immigration advocates seeking to challenge the constitutionality of Trump’s move.
The executive order is set to take effect in 30 days, sparking intense debate about its potential impact on the interpretation of the 14th Amendment. Trump, during a Monday briefing, defended his decision, stating, “The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States. We are also going to enhance vetting and screening of illegal aliens.”
Ending birthright citizenship has been a key element of Trump’s Agenda47 platform, which seeks to redefine citizenship under the Constitution. The campaign argues that the 14th Amendment’s provision for citizenship applies only to individuals “born in AND ‘subject to the jurisdiction’ of the United States.”
The legal battle is expected to center on the interpretation of the 14th Amendment, ratified in 1868 to grant citizenship to formerly enslaved people. Section 1 of the amendment declares, “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.”
While the phrase “subject to the jurisdiction thereof” has been historically interpreted to exclude children of foreign diplomats, the Supreme Court has consistently upheld birthright citizenship for other children born on US soil. The American Immigration Council notes that despite repeated challenges, this principle has remained a firmly established legal precedent.
For Trump’s order to succeed, the Justice Department must persuade the courts to adopt a narrower interpretation of the Constitution. This effort aligns with some conservative legal scholars’ longstanding arguments against birthright citizenship.
The lawsuit marks the beginning of what is likely to be a protracted legal and political battle, with both sides anticipating significant implications for the future of US immigration policy and constitutional law.
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