Immigration advocacy groups have filed a lawsuit against US President Donald Trump following his executive order to end automatic citizenship for children born in the United States to parents who are illegally or temporarily in the country.
The executive order, signed Monday at the White House, seeks to repeal the long-established policy of birthright citizenship, which is based on the 14th Amendment of the United States Constitution. The policy change will take effect in 30 days.
According to a Bloomberg report, the lawsuit was filed in New Hampshire on Monday night, just hours after the executive order was signed. Advocates argue that the policy violates constitutional protections and could have far-reaching consequences for families and children.
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During a briefing on Monday, Trump defended his decision, saying: “The federal government will not automatically recognize birthright citizenship for children of illegal aliens born in the United States. “We are also going to improve the investigation and control of illegal aliens.”
The Trump campaign has made ending birthright citizenship a priority under its Agenda47 platform. The campaign insists that the citizenship clause of the 14th Amendment should apply “only to those born in and 'subject to the jurisdiction' of the United States.”
The legal challenge is expected to center on the interpretation of the 14th Amendment, which was ratified in 1868 to grant citizenship to formerly enslaved people. Section 1 of the amendment 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 in which they reside.”
While the phrase “subject to its jurisdiction” has historically excluded children of foreign diplomats, the American Immigration Council notes that the Supreme Court has consistently upheld birthright citizenship for children born on U.S. soil.
As the Justice Department prepares to defend the policy, legal experts suggest the case could reshape the understanding of the 14th Amendment and its application in modern times.
Newslodge