Trump order ending automatic birthright citizenship challenged in court
It didn't take Democrat-led states and other advocates of birthright citizenship long to file lawsuits challenging President Donald Trump's executive order ending the automatic right to citizenship for anyone born in the country to illegal immigrant parents.
Less than one day after Trump announced the executive order, multiple lawsuits were filed seeking to reinstitute the practice.
The city of San Francisco, 18 Democrat-led states, and the District of Columbia filed one lawsuit in Boston on Tuesday alleging that ending birthright citizenship was unconstitutional.
At the time, the ACLU, immigrant organizations, and an expectant mother had already filed two more lawsuits challenging the order.
"Clear message"
"State attorneys general have been preparing for illegal actions like this one, and today's immediate lawsuit sends a clear message to the Trump administration that we will stand up for our residents and their basic constitutional rights," New Jersey Attorney General Matthew Platkin said in a statement.
The cases were filed in states--Massachusetts and New Hampshire--that would land them in the 1st U.S. Circuit Court of Appeals, where all judges are Democrat-appointed.
If there is any constitutional basis for Trump's order, he may need to appeal to the Supreme Court to get past all the Democrat bias.
The Citizen Clause in the 14th Amendment seems to clearly state that anyone born in the U.S. is made a citizen.
Does Trump have the authority?
About 150,000 children are born annually in the U.S. to non-citizen parents, according to Massachusetts Attorney General Andrea Joy Campbell's office.
"President Trump does not have the authority to take away constitutional rights," she said in a statement.
But the language of the order states that the 14th Amendment applied to former slaves, not to children of illegal immigrants.
It also says that the children don't get "automatic" citizenship, meaning they can go through the process like anyone and become citizens legally.
Trump isn't applying the order retroactively, so children previously born in the U.S. to illegal immigrant parents will still have citizenship.
The order is written to pertain to children born 30 days or more after the law takes effect, giving time for implementation of the new law to occur.