Washington, Jan 21: Hours after President Donald Trump signed an executive order aimed at ending birthright citizenship in the United States, a coalition of civil rights and immigration groups filed a lawsuit challenging the move, setting the stage for a major legal battle.
The executive order, signed Monday night, directs federal agencies to deny recognition of US citizenship for children born on American soil to parents who are in the country illegally or on temporary visas unless one parent is a US citizen or lawful permanent resident.
It states that children born under these circumstances will not be eligible for US citizenship, including passports, starting 30 days from its signing. The order, which contradicts a long-standing legal consensus that the 14th Amendment of the Constitution guarantees birthright citizenship, has drawn immediate backlash.
The American Civil Liberties Union (ACLU), several of its state chapters, and other organisations have filed a 17-page lawsuit in federal court in New Hampshire on behalf of immigration rights groups, arguing the order is unconstitutional and illegal.
“For plaintiffs — organisations with members impacted by the order — and for families across the country, this order seeks to strip from their children the ‘priceless treasure’ of citizenship, threatening them with a lifetime of exclusion and fear of deportation from the only country they have ever known,” the lawsuit states.
“But that is illegal. The Constitution and Congress — not President Trump — dictate who is entitled to full membership in American society.” The lawsuit seeks to have the court declare the executive order unlawful and issue both temporary and permanent injunctions to block its enforcement.
Trump’s order argues that the federal government should not “issue documents recognising United States citizenship” to children born on US soil to parents who are unlawfully or temporarily in the country. It specifies that the policy will apply to children born 30 days after the order’s signing.
The ACLU’s lawsuit warns that the order could render affected children stateless and create widespread fear and uncertainty. Attorneys for the coalition pointed out that some of the immigration groups’ members are currently expecting children who could be impacted by the order.
The move aligns with Trump’s immigration agenda but faces significant legal hurdles, as the 14th Amendment explicitly states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The battle over the order is expected to escalate to higher courts, potentially reaching the Supreme Court. IANS