Immigration supporters have initiated a legal action against US President Donald Trump following his executive decree to terminate automatic citizenship for offspring born in the United States to parents residing unlawfully or temporarily within the borders.
As reported by Bloomberg, the legal action was lodged in New Hampshire on Monday evening, shortly after the decree was enacted.
The executive decree, signed by Trump earlier that day, seeks to abolish the long-standing practice of birthright citizenship, which has been in existence for over a century. This order is projected to take effect in 30 days, representing a major alteration in US policy and interpretations of Constitutional law.
During a press briefing at the White House, Trump reiterated his dedication to this contentious policy shift, asserting, “The federal government will not acknowledge automatic birthright citizenship for children of undocumented immigrants born on US soil. We will also fortify the vetting and examination of illegal immigrants.”
Abolishing birthright citizenship has been a pivotal component of Trump’s Agenda47 policy framework. His administration contends that the Constitution’s 14th Amendment should grant citizenship “only to those born in AND ‘subject to the jurisdiction’ of the United States.”
The executive decree paves the way for a legal confrontation, as the Justice Department will be required to advocate for a more limited interpretation of the 14th Amendment. This interpretation is endorsed by some conservative legal scholars but poses challenges to over a century of established legal precedent.
The 14th Amendment, ratified in 1868 to confer citizenship to formerly enslaved people, 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 excluded the progeny of foreign diplomats, the Supreme Court has consistently upheld birthright citizenship for those born on US territory. This interpretation has remained intact despite numerous challenges, according to the American Immigration Council.
The legal challenge to Trump’s executive decree could potentially redefine the understanding and application of the 14th Amendment, with significant ramifications for immigration and citizenship policies in the United States.