At least 22 states, all with Democratic-controlled governments, have filed lawsuits against President Donald Trump’s executive order aimed at ending birthright citizenship in the U.S. According to ABC News, an initial lawsuit was filed by a coalition of 18 Democratic state attorneys general along with the cities of San Francisco and Washington, D.C. Later the same day, four additional states filed their own lawsuit. The goal of these lawsuits is to halt the implementation or enforcement of the executive order.
The central argument of the initial lawsuit was that the president doesn’t have the authority to alter or nullify a constitutional amendment or existing law, including the provision granting birthright citizenship. The plaintiffs argue that the president is not legally empowered to limit who receives citizenship based on the 14th Amendment. A hearing on the case, filed by the four states, was scheduled for Thursday at 10 AM.
Trump’s order seeks to stop federal agencies from granting citizenship to children born in the U.S. to undocumented immigrants or those in the country on temporary visas, provided the father is not an American citizen or permanent resident. The legal challenges suggest that, if enforced, up to 150,000 children of undocumented immigrants could lose their citizenship and become deportable, and many could become stateless.
The legal battle is expected to eventually reach the U.S. Supreme Court, where a final decision on the constitutionality of the order will be made. The order claims that the 14th Amendment has been misinterpreted for decades, allowing birthright citizenship to extend to those born in the U.S. to non-citizen parents, including undocumented immigrants.
Critics point out that the U.S. is one of the few developed nations with such a broad application of birthright citizenship, while most European countries do not grant citizenship to children born to illegal immigrants. The legal challenges will likely continue until a final ruling from the Supreme Court.
Some argue that the state attorneys general may lack standing in this case because, until the policy is enacted, there is no direct harm to the states. It will be crucial to see if an individual, after February 19th, can be found to have been denied citizenship due to the executive order. If not, it could challenge the legal standing of these lawsuits.
