This legal action, filed in New Hampshire shortly after the executive order's signing, challenges the administration's attempt to redefine the parameters of citizenship for children born on U.S. soil.
The executive order, as outlined, stipulates that a newborn in the United States will not automatically receive citizenship unless one parent holds U.S. citizenship or a green card. Specifically, the order declares, "It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons" under certain conditions related to the parents' legal status at the time of the child's birth.
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A Trump administration official clarified the order's intent, stating, “On a prospective basis, the federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States.” This move has sparked significant controversy and legal scrutiny.
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The ACLU contends that this executive order infringes upon the 14th Amendment and the Administrative Procedures Act. Anthony D. Romero, the executive director of the ACLU, expressed strong opposition, asserting, “Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is."
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Romero further emphasized the gravity of the situation, warning that the order could lead to "a permanent subclass of people born in the U.S. who are denied full rights as Americans." He vowed that the ACLU would not allow this "attack on newborns and future generations of Americans" to proceed unchecked, expressing confidence in their legal challenge against what he described as the Trump administration’s "egregious" overreach.
This legal battle underscores the ongoing debate over immigration policy and constitutional rights, with significant implications for the interpretation of the 14th Amendment and the future of birthright citizenship in the United States.
