Immigration advocates are taking legal action against President Donald Trump after his decision to end the automatic granting of citizenship to children born in the United States to parents who are in the country unlawfully or temporarily.
The lawsuit was filed in New Hampshire on Monday evening, just after President Trump signed an executive order aimed at dismantling the long-standing policy of birthright citizenship. This bold move, set to take effect in 30 days, challenges over a century of U.S. policy and the interpretation of the Constitution.
During a White House briefing on Monday, Trump expressed his commitment to this policy shift, stating, “The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States. We are also going to enhance vetting and screening of illegal aliens.”
Ending birthright citizenship has been a significant element of Trump’s Agenda47 platform, with his campaign pushing to clarify the 14th Amendment of the Constitution. The campaign asserts that citizenship should apply “only to those both born in AND ‘subject to the jurisdiction’ of the United States.”
The Justice Department now faces the challenge of convincing courts to adopt a more restrictive interpretation of the 14th Amendment, a stance supported by some conservative legal scholars. The outcome of this legal battle could lead to a reinterpretation of a key portion of the 14th Amendment, ratified in 1868 to grant citizenship to formerly enslaved individuals. 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 wherein they reside.”
While the phrase “subject to the jurisdiction thereof” has historically been understood to exclude children of foreign diplomats, the Supreme Court has consistently upheld birthright citizenship for children born on U.S. soil, even amid repeated legal challenges, as noted by the American Immigration Council.
