Immigration Groups File Lawsuits Against Trump Over Attempt to End U.S. Birthright Citizenship
Following his executive order to end automatic citizenship for children born in the United States to parents who are temporarily or illegally in the country, immigration advocates filed a lawsuit against US President Donald Trump on Monday night in New Hampshire, right after the order was signed.
The executive order, which Trump signed earlier on Monday, aims to end the long-standing birthright citizenship policy that has been in place for more than a century.
It is scheduled to take effect in 30 days, marking a significant shift in US policy and legal interpretations of the Constitution, according to a Bloomberg report.
Trump reiterated his support for the contentious policy shift during a White House briefing, declaring, “The federal government will not recognise automatic birthright citizenship for children of illegal aliens born in the United States.” Additionally, we will improve the screening and vetting of undocumented immigrants.
One of the main tenets of Trump’s Agenda47 policy agenda has been the elimination of birthright citizenship. According to his administration, citizenship should be granted “only to those both born in AND’subject to the jurisdiction’ of the United States” under the 14th Amendment of the Constitution.
Since the Justice Department will have to push for a more limited interpretation of the 14th Amendment, the executive order sets the ground for a judicial struggle.Some conservative legal scholars support this interpretation, which goes against more than a century of established precedent.
The 14th Amendment, which was ratified in 1868 to grant citizenship to former slaves, states: “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The American Immigration Council claims that despite numerous challenges, the Supreme Court has consistently upheld birthright citizenship for children born on US soil, even though the clause “subject to the jurisdiction thereof” has historically excluded children of foreign diplomats.
With major ramifications for American immigration and citizenship laws, the legal challenge against Trump’s executive order may change how the 14th Amendment is interpreted and applied.