Donald Trump faces lawsuit over executive order to end birthright citizenship
The policy change, which is set to take effect in 30 days, would mark a major shift, potentially altering more than a century of US policy and legal interpretations of the US Constitution
PTC Web Desk: Immigration advocates have filed a lawsuit against US President Donald Trump following his executive order aimed at ending automatic citizenship for children born in the United States to parents who are either unlawfully in the country or in the country temporarily. On Monday, President Trump signed the order at the White House, signaling his intent to overturn a longstanding policy that grants citizenship to children born on US soil.
The policy change, which is set to take effect in 30 days, would mark a major shift, potentially altering more than a century of US policy and legal interpretations of the US Constitution. Shortly after the executive order was signed, immigration advocates filed a lawsuit in New Hampshire, challenging the decision.
Throughout his campaign, Donald Trump had made it clear that ending birthright citizenship was a key goal, despite warnings of legal challenges. In his briefing on Monday, Trump stated, “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 had been a significant component of Trump’s "Agenda47" policy platform. His campaign argued that the administration would provide clarity on the 14th Amendment, specifically emphasizing that US citizenship should only extend to those born in the United States and who are "subject to the jurisdiction" of the country.
In defense of the executive order, lawyers from the US Justice Department will now need to convince the courts to adopt a narrower interpretation of the Constitution, a position supported by some conservative legal scholars.
Understanding the 14th Amendment and Birthright Citizenship
The 14th Amendment, ratified in 1868 following the Civil War, grants citizenship and rights to formerly enslaved people. Section 1 of the amendment 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 phrase “subject to the jurisdiction thereof” generally excludes children born to foreign diplomats, but it has been a point of legal debate in cases concerning birthright citizenship.
Despite numerous legal challenges over the years, the US Supreme Court has consistently upheld the principle of birthright citizenship for children born to foreign nationals in the country. This legal precedent remains a central focus of the ongoing debate around the executive order.