President Trump’s Birthright Citizenship Order is facing challenges from officials across twenty-four states. The group warned federal judges the mandate will fuel administrative dysfunction and detract from publicly funded programs. Four separate lawsuits have been filed against the executive order, urging federal judges in Maryland, Massachusetts, New Hampshire and Washington to halt the order’s enforcement in their respective jurisdictions.
The executive order states that children born in the U.S. to mothers who don’t have legal authorization to live in the country or have temporary legal residency status, unless the father is a U.S. citizen or lawful permanent resident, will not be granted automatic citizenship. Critics of the order argue that it goes against the 14th Amendment, the Immigration and Nationality Act, and over one hundred years of U.S. Supreme Court precedent.
These criticisms have been echoed in briefs issued by both state and local governments participating in the legal dissent. They also argue that the order will deprive families and their children of important benefits. The order would also force local governments to create new procedures to confirm citizenship for all sorts of programs.
The Trump administration argued that the order does not violate the 14 Amendment that grants automatic citizenship to specifically those who are both born in the United States and are under its jurisdiction and therefore doesn’t apply to children of undocumented immigrants and temporary visa holders. A Seattle judge granted the bids of four states to bar the enforcement of the order for fourteen days, while representatives from eighteen other states, including D.C. and Maryland’s attorneys general still challenge the order. The order goes into effect on February 19th.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
