Attorneys general from 22 states on Tuesday announced President Donald Trump’s bid to abolish the century-old immigration practice known as birthright citizenship, which guarantees that children born in the United States are citizens regardless of their parents’ status. A lawsuit was filed to block the move.
President Trump’s nearly 700-word executive order, issued late Monday, amounts to a realization of what Trump has been talking about during his presidential campaign.
But success is far from certain, with what is expected to be a lengthy legal battle over the president’s immigration policies and constitutional citizenship rights.
Democratic attorneys general and immigrant rights advocates say the issue of birthright citizenship is settled by law and that while the president has broad powers, he is not the king.
“The president cannot erase the 14th Amendment with a stroke of the pen,” said New Jersey Attorney General Matt Platkin.
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Read: Trump’s new executive order on birthright citizenship: What it means and what’s to come
The White House said it was prepared to fight the states in court, calling the lawsuits “just another extension of the left’s resistance.”
“The radical left can either go against the tide and reject the overwhelming will of the people, or they can go along with it and work with President Trump,” said White House Deputy Press Secretary Harrison Fields. said.
Connecticut Attorney General William Tong, a natural-born U.S. citizen and the country’s first Chinese-American elected, said the case is personal to him.
“The 14th Amendment says what it means, and it says what it means: If you are born on American soil, you are an American. Period. Full stop,” he said.
“There is no valid legal argument on this issue. But the fact that Mr. Trump is completely wrong prevents him from doing serious harm right now to American families like mine. What is Inherent Citizenship? At issue in these cases is the right to citizenship afforded to persons born in the United States, regardless of their parents’ immigration status. People who are in the United States on a tourist visa or other visa, or who are in the country illegally, can become parents to citizens if their child is born in the United States.
Supporters say it’s enshrined in the 14th Amendment. But President Trump and his allies dispute that interpretation of the amendment, arguing that stricter standards are needed to become a citizen.
The United States is one of about 30 countries where the principle of birthright citizenship, or “soil rights,” applies.
Most other countries base citizenship on whether at least one parent (jus Sanguinis, or “right of blood”) is a citizen or has a modified form of birthright citizenship. It is awarded. Legally a territory.
What does President Trump’s order say?
President Trump’s order calls into question the 14th Amendment to the U.S. Constitution, which automatically extends citizenship to those born in the United States.
The Fourteenth Amendment to the Constitution, ratified in 1868 after the Civil War, 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.” stipulated. President Trump’s order asserts that noncitizen children are not subject to U.S. jurisdiction.
This provision excludes the following people from automatic citizenship: those whose mothers are not lawfully present in the United States and whose fathers are not U.S. citizens or lawful permanent residents; People who are temporarily in the United States but whose father was not a citizen or lawful permanent resident.
It also prohibits federal agencies from granting citizenship to people who fall into these categories. Effective for 30 days from Tuesday, February 19th.
It is unclear whether the order will retroactively affect birthright citizens. Federal agencies may not issue citizenship documents or receive other documents from state or local governments to those who exclude them.
