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HomeLocalStates Unite in Legal Battle Against Trump's Attempt to End Birthright Citizenship

States Unite in Legal Battle Against Trump’s Attempt to End Birthright Citizenship

 

18 States and ACLU Sue Over Trump’s Order to End Birthright Citizenship


WASHINGTON – A coalition of 18 states and immigration advocates spearheaded by the American Civil Liberties Union (ACLU) have initiated lawsuits against President Donald Trump’s executive order aimed at stopping the automatic citizenship granted to children born in the United States.

 

Trump’s order targets children born to mothers who were in the U.S. illegally, as well as to fathers who are not citizens or lawful permanent residents. It also applies in cases where the mother’s presence is legal but temporary. This directive is part of Trump’s broader efforts to enhance security at the southern border.

However, legal scholars are arguing that this order conflicts with the 14th Amendment of the Constitution, asserting that “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.”

 

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The 18 states led by Democrats, along with the District of Columbia and San Francisco, filed their lawsuit in a Massachusetts federal court on Tuesday aiming to halt Trump’s directive.

 

“This essential right of birthright citizenship, which is anchored in the 14th Amendment and emerged from the aftermath of slavery, is a fundamental part of our nation’s ideals of justice,” stated New York Attorney General Letitia James. “President Trump’s effort to erode this fundamental right is not only unconstitutional, but it also poses a significant threat.”

 

The states involved include California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin.

 

The ACLU pursued its lawsuit late Monday in a New Hampshire federal court, voicing concerns over how Trump’s order could negatively impact the local immigrant community, particularly Indonesians and others.

“Refusing citizenship to children born in the U.S. is not just a violation of the Constitution – it’s also a heartless rejection of American ideals,” remarked Anthony Romero, ACLU’s executive director. “This order risks repeating one of the gravest mistakes in our history by creating a permanent group of U.S.-born individuals who are denied full rights.”

 

Trump and other Republicans have expressed a desire to end birthright citizenship due to concerns that some immigrants use childbirth in the U.S. as a means to gain residency. His order, which is set to take effect in 30 days, instructs the Social Security Administration to stop recognizing these children as citizens and directs the State Department to halt issuing them passports.

 

This constitutional clause was ratified in 1868 in the aftermath of the Civil War and was endorsed by the Supreme Court in 1898.

“Birthright citizenship is fundamental to our democracy,” asserted Theo Oshiro, co-executive director of the advocacy group Make the Road New York. “Denying these children the same basic rights as other children born in the U.S. is a direct violation of the core values of fairness, equality, and inclusiveness.”