US President Trump Signs Executive Order to End Birthright Citizenship

Newly inaugurated U.S. President Donald Trump signed an executive order on Monday night aimed at ending birthright citizenship in the United States, despite a broad legal consensus that the 14th Amendment guarantees citizenship to everyone born on U.S. soil.

Trump’s order directs federal agencies to refuse recognition of U.S. citizenship for children born in the U.S. to mothers who are either in the country illegally or on visas, if the father is not a U.S. citizen or lawful permanent resident.

The order would deny U.S. citizenship, including passports, to children born in the U.S. starting 30 days from the signing of the order if at least one parent is not an American citizen or green card holder.

This move challenges a long-standing interpretation of the Constitution. The U.S. Supreme Court ruled over a century ago that children born in the U.S. to foreign parents are automatically U.S. citizens under the 14th Amendment, with the sole exception being when both parents are diplomats immune to U.S. laws.

However, some legal scholars who support a crackdown on immigration argue that the 1898 ruling has been interpreted too broadly. They suggest that the current Supreme Court could allow the government to establish stricter standards for citizenship.

It remains uncertain whether the courts will determine that Trump has the authority to address the issue without an act of Congress to support him.

Within hours of the order being signed, immigrant rights advocates filed a lawsuit in federal court in New Hampshire.

The lawsuit, filed on behalf of a group representing Indonesian migrants in the state, as well as other organizations representing Latinos and Dreamers—individuals brought to the U.S. as children by parents who entered or stayed in the country illegally—claims that Trump’s order violates the Constitution’s 14th Amendment and federal law that has been in place for over 80 years.

This lawsuit is expected to be the first in a series of legal challenges to Trump’s executive order. State officials from California, Illinois, and other states have indicated plans to sue over the directive, which had been widely advertised prior to its signing.

“Neither the Constitution nor any federal statute confers any authority on the President to redefine American citizenship,” the suit says. “By attempting to limit the right to birthright citizenship, the Order exceeds the President’s authority and runs afoul of the Constitution and federal statute.”

The lawsuit also argues that if Trump’s order is enforced, it could result in some children becoming stateless.

The complaint in the case was signed by 26 attorneys from organizations including the American Civil Liberties Union, State Democracy Defenders Fund, the NAACP Legal Defense & Educational Fund, and the Asian Law Caucus.

The plaintiffs in the case include the New Hampshire Indonesian Community Support, League of United Latin American Citizens, and Make the Road New York.