The American Civil Liberties Union (ACLU) and several immigrant rights organizations filed a lawsuit in New Hampshire District Court on Monday, challenging the Trump administration’s executive order that seeks to end birthright citizenship for children born in the U.S. to parents who entered the country illegally.
The lawsuit argues that the executive order violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to “all persons born or naturalized in the United States.”
The plaintiffs contend that this order directly contradicts the longstanding interpretation of the 14th Amendment, affirmed by the U.S. Supreme Court in the 1898 case Wong Kim Ark, which ruled that children born on U.S. soil are automatically granted citizenship, regardless of their parents’ immigration status.
The lawsuit highlights the historical significance of the amendment in protecting birthright citizenship, emphasizing that altering this principle would have profound implications for American constitutional law.
While the Trump administration asserts that the 14th Amendment does not guarantee citizenship to individuals born in the U.S. if their parents are not legally present, citing exceptions for certain categories of non-citizens, critics argue that this interpretation is at odds with the core protections of the Constitution.
The executive order is set to take effect on February 19, unless blocked by the courts. It would prevent federal agencies from issuing citizenship documents to babies born to parents who are unlawfully in the U.S. This order was part of a broader set of executive actions by the Trump administration, with immigration policy being a central focus of the former president’s agenda.
Legal experts point out that the significant number of federal judges appointed by Trump, including three Supreme Court justices, could lead to a reevaluation of this constitutional principle.
The outcome of this lawsuit may ultimately shape the future of birthright citizenship and have lasting impacts on U.S. immigration policy.
