Eighteen state attorneys general have taken legal action against President Donald Trump's executive order aiming to eliminate birthright citizenship. This policy currently allows children born on U.S. soil to automatically become citizens, regardless of their parents' immigration status.
Mere hours after being inaugurated as the 47th President of the United States, Trump signed an executive order on Monday night to rescind this long-standing policy, enshrined in the 14th Amendment of the Constitution. This move fulfilled a promise made during his re-election campaign, as reported by the Associated Press (AP).
The executive order challenges the 14th Amendment's provision that grants automatic citizenship to anyone born in the United States. To counter this, states such as New Jersey, California, Massachusetts, Colorado, and others, along with the District of Columbia and San Francisco, filed a federal lawsuit seeking to block the order. The lawsuit aims to have the court declare the order unconstitutional.
Birthright citizenship ensures that anyone born in the U.S. is a citizen, irrespective of their parents' immigration status. The 14th Amendment, ratified in 1868 post-Civil War, 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."
Under this policy, for example, individuals in the country on a tourist visa or without legal status can have a child who becomes a U.S. citizen upon birth, AP explained. Trump, his administration, and his supporters have questioned this interpretation of the constitutional amendment, arguing for stricter citizenship regulations.
The White House has not clarified the implementation process for the executive order, which is expected to face significant legal challenges. Following the signing of the order, the American Civil Liberties Union (ACLU) chapters in New Hampshire, Maine, and Massachusetts, alongside other immigrant rights organizations, filed a lawsuit in federal court in New Hampshire to halt the order.
The call to eliminate birthright citizenship has been a persistent demand from conservative sectors in the United States. During his first term from 2017 to 2021, Trump threatened similar action but did not follow through.
Understanding the Controversy Over Birthright Citizenship
What is birthright citizenship?
Birthright citizenship is the policy that grants automatic citizenship to any individual born in the United States, regardless of their parents' immigration status.
Why is Trump's executive order controversial?
Trump's executive order is controversial because it challenges the long-standing interpretation of the 14th Amendment, which has been a cornerstone of U.S. citizenship policy for over a century.
Which states are opposing the executive order?
States like New Jersey, California, Massachusetts, Colorado, and others, including the District of Columbia and San Francisco, have filed a lawsuit challenging the order.
What legal actions are being taken against the order?
Legal actions include a federal lawsuit filed by 18 states and additional lawsuits from the ACLU and immigrant rights groups to prevent the order's implementation.