ACLU and 18 States Sue Trump Over Birthright Citizenship Repeal

Alexis Rowe

Alexis Rowe

January 21, 2025 · 3 min read
ACLU and 18 States Sue Trump Over Birthright Citizenship Repeal

President Donald Trump's executive order to repeal birthright citizenship has sparked a legal firestorm, with the American Civil Liberties Union (ACLU) and 18 states filing lawsuits to block the move. The order, which is set to take effect in 30 days, would affect over 11 million undocumented immigrants and more than 580,000 people with H1-B visas.

The ACLU and other organizations filed a lawsuit in a New Hampshire federal court, arguing that the executive order is unconstitutional and exceeds the president's authority. Meanwhile, attorneys general from 18 states, along with San Francisco and Washington, D.C., filed a separate lawsuit in a federal district court in Massachusetts. Both lawsuits seek to block the order before it takes effect.

Trump's executive order attempts to reinterpret the 14th Amendment, which grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." The order claims that the amendment does not automatically extend to persons born in the United States if their mother was unlawfully present or had a temporary visa at the time of birth. This would mean that the children of most undocumented immigrants and those born to parents on student, work, or tourist visas would not be U.S. citizens.

Critics argue that this move is an attempt to do away with the jus soli principle, which has been a cornerstone of U.S. citizenship since the country's inception. The principle holds that anyone born in the United States or its overseas territories is a citizen, regardless of their parents' nationality or immigration status. The 14th Amendment, enacted after the Civil War, granted citizenship to anyone born on U.S. soil, with some historical exceptions, such as the exclusion of enslaved African Americans and their children.

The ACLU lawsuit argues that allowing the executive order to stand would "promote the creation and perpetuation of a subclass" of children who were born in the United States but lack fundamental legal recognition and face stigma as a result of their novel and uncertain status. The suit also claims that the order "will invite persistent questioning of the citizenship of children of immigrants—particularly children of color."

The legal challenges to Trump's executive order come as no surprise, given the widespread criticism it has faced since its announcement. Many have pointed out that the move would require a constitutional amendment, which Trump's order attempts to circumvent. As the lawsuits make their way through the courts, the fate of birthright citizenship hangs in the balance, with far-reaching implications for immigrants, their families, and the fabric of American society.

The outcome of these legal challenges will have significant consequences for the future of U.S. immigration policy and the rights of individuals born in the United States. As the courts weigh in on the constitutionality of Trump's executive order, the nation waits with bated breath to see whether the principles of jus soli citizenship will be upheld or fundamentally altered.

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