Immigration advocates have filed a lawsuit against President Donald Trump following his executive order to end automatic citizenship for children born in the U.S. to parents who are in the country unlawfully or temporarily.
The lawsuit, filed in New Hampshire on Monday evening, came shortly after Trump signed the order. This executive action aims to terminate birthright citizenship, a policy in place for over a century, and is set to take effect in 30 days, signaling a major shift in U.S. policy and constitutional interpretations.
Trump reaffirmed his stance on the change during a White House briefing, stating, “The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the U.S. We will also enhance vetting and screening of illegal aliens.”
Ending birthright citizenship has been a key part of Trump’s Agenda47 policy. His administration argues that the 14th Amendment should apply only to those both born in and “subject to the jurisdiction” of the U.S.
The executive order sets the stage for a legal challenge, as the Justice Department will advocate for a more limited interpretation of the 14th Amendment. While some conservative legal scholars support this view, it contradicts 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 “subject to the jurisdiction” clause has traditionally excluded foreign diplomats’ children, the Supreme Court has consistently upheld birthright citizenship for children born on U.S. soil. This interpretation has remained intact despite numerous challenges, according to the American Immigration Council.
Trump’s executive order could lead to a significant legal battle, potentially reshaping the application of the 14th Amendment and having lasting implications for U.S. immigration and citizenship policies.
