Attorneys general from 22 states filed a lawsuit Jan. 21 challenging US President Donald Trump’s executive order aimed at ending birthright citizenship. Central to the lawsuit is the Fourteenth Amendment to the US Constitution, which states that “[a]ll persons born or naturalized in the United States…are citizens of the United States…” The clause was interpreted by the Supreme Court in 1898 in United States v. Wong Kim Ark as granting citizenship to all babies born in the country. The US follows the jus soli (right of the soil) principle, conferring citizenship based on birth within the country’s territory, as opposed to the jus sanguinis (right of blood) principle, which confers citizenship based on whether at least one parent is a citizen. Trump’s order would end birthright citizenship for babies born in the US to parents who entered the country illegally or temporarily.
Certain countries follow a mixed approach, such as Canada which primarily follows the jus soli principle but has certain exceptions, and India which primarily follows the jus sanguinis principle but with certain exceptions.
The coalition of attorneys general, representing states including Massachusetts, Illinois and New York, argue in the lawsuit that Trump’s executive order undermines constitutional principles and threatens to create a class of stateless individuals born within the United States. The Trump administration said it is willing to fight the lawsuit in court and is arguing that the original intent of the Fourteenth Amendment was not to grant automatic citizenship to the children of unauthorized immigrants. This all comes as Trump has vowed to carry out the “largest domestic deportation operation in American history.”
Critics of the executive order argue that Trump’s proposal is not only legally dubious but also contrary to American values. Omar Jadwat, director of the American Civil Liberties Union’s Immigrants Rights Project, stated: “This is a transparent and blatantly unconstitutional attempt to sow division and fan the flames of anti-immigrant hatred in the days ahead of the midterms.” The ACLU and several other rights organizations challenged the same executive order late on Jan. 20, hours after it was issued.
The executive order is currently set to go into effect on Feb. 19.
From JURIST, Jan. 21. Used with permission.
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Judge blocks Trump’s order on birthright citizenship
US Judge John Coughenour in Seattle issued a temporary restraining order Jan. 23 against Trump’s executive order restricting birthright citizenship for children of non-citizens, calling it “blatantly unconstitutional.”
At the hearing, Coughenour said, “I have been on the bench for over four decades. I can’t remember another case where the case presented is as clear as it is here…This is a blatantly unconstitutional order.”
The states of Washington, Arizona, Illinois and Oregon challenged the executive order Jan. 21, contending that it violates the Fourteenth Amendment of the US Constitution and the Immigration and Nationality Act, both of which guarantee birthright citizenship to those born in and subject to the jurisdiction of the US. Attorneys general from 22 states and several rights groups also filed similar lawsuits. (Jurist)
Judge blocks Trump’s order on birthright citizenship —again
A judge for the US District Court for the District of Maryland granted a preliminary injunction at a hearing Feb. 5 against President Donald Trump’s executive order attempting to end all birthright citizenship. (Jurist)
Judge blocks Trump’s order on birthright citizenship —again
Judge John Coughenour of the US District Court for the Western District of Washington granted a nationwide preliminary injunction Feb. 6 blocking President Trump’s executive order seeking to end birthright citizenship. The lawsuit was brought by the states of Arizona, Illinois, Oregon and Washington.
The block prevents the executive order from taking effect on Feb. 19. This decision is pending an appeal at the Ninth Circuit filed by US government yesterday.
This preliminary injunction is the second nation-wide block on the executive order. A federal judge in Maryland also granted a nation-wide preliminary injunction against the same executive order Wednesday. The plaintiffs in that case were two civil advocacy groups and five pregnant mothers. Additionally, 22 states and a group of civil rights organizations have filed their own challenges in Massachusetts and New Hampshire federal district courts, respectively, which are to be heard next week. (Jurist)
Judge blocks Trump’s order on birthright citizenship —again
A federal judge in New Hampshire granted a preliminary injunction Feb. 10, temporarily blocking the Trump administration from enforcing its executive order that would end birthright citizenship.
Judge Joseph Laplante ruled that plaintiffs represented by the nonprofit organization New Hampshire Indonesian Community Support would likely suffer irreparable harm if the court failed to block the order by issuing a preliminary injunction. The preliminary injunction went into effect immediately and will continue throughout ongoing litigation. (Jurist)
Appeals court upholds block on Trump’s abrogation of birthright citizenship
The US Court of Appeals for the Ninth Circuit declined Feb. 18 to overturn a lower court’s injunction that blocked President Donald Trump’s executive order abrogating birthright citizenship. The rejection stated that the federal government had not made a “strong showing that they are likely to succeed on the merits,” as required by law. (Jurist)
Appeals court upholds block on Trump birthright abrogation —again
The US Court of Appeals for the First Circuit denied the Trump administration’s motion to stay a preliminary injunction on March 11, continuing to block the administration from enforcing an executive order to end birthright citizenship. (Jurist)
Trump asks SCOTUS to lift birthright citizenship injunctions
The administration of President Donald Trump has asked the Supreme Court to partially lift three nationwide injunctions that have blocked the implementation of an executive order on birthright citizenship, according to court documents filed March 13. In its application to the Supreme Court, Trump’s Justice Department called its request “modest,” seeking only to limit the scope of the injunctions to the specific plaintiffs who filed the lawsuits rather than applying nationwide. (Jurist)