Immigration advocates have filed a lawsuit against US President Donald Trump following his executive order to end automatic citizenship for children born in the United States to parents who are unlawfully or temporarily in the country.
According to a Bloomberg report, the lawsuit was filed in New Hampshire on Monday evening, shortly after the order was signed.
The executive order, signed by Trump earlier on Monday, aims to end the longstanding policy of birthright citizenship, which has been in place for more than a century. The order is set to take effect in 30 days, marking a significant shift in US policy and legal interpretations of the Constitution.
During a White House briefing, Trump reaffirmed his commitment to the controversial policy change, 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 central aspect of Trump’s Agenda47 policy platform. His administration argues that the Constitution’s 14th Amendment should apply citizenship “only to those both born in AND ‘subject to the jurisdiction’ of the United States.”
The executive order sets the stage for a legal battle, as the Justice Department will need to advocate for a narrower interpretation of the 14th Amendment. This interpretation is supported by some conservative legal scholars but challenges over a century of established precedent.
The 14th Amendment, ratified in 1868 to grant citizenship to formerly enslaved individuals, states: “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 clause “subject to the jurisdiction thereof” has traditionally excluded children of foreign diplomats, the Supreme Court has consistently upheld birthright citizenship for children born on US soil. This has remained the interpretation despite numerous challenges, according to the American Immigration Council.
The legal challenge to Trump’s executive order could potentially reshape the understanding and application of the 14th Amendment, with significant implications for immigration and citizenship policies in the United States.