Jan 22, 2025
WASHINGTON (DC News Now) -- Within hours of taking office, President Donald Trump moved forward with a slew of executive orders reforming immigration policy, including an order that would end birthright citizenship. It’s a move that sparked immediate pushback and legal action from civil rights and immigration advocates. “It is remarkable within hours of taking an oath to defend the Constitution he has broken it in such an obvious and fundamental way,” said Scott Michelman, Legal Director with the ACLU of DC. The ACLU is part of a lawsuit filed in New Hampshire challenging the order. Maryland Attorney General Brown, 18 other states sue to block Trump’s effort to end birthright citizenship “Birthright citizenship is a fundamental part of the promise of America. It was enacted as part of the 14th Amendment to the Constitution in the wake of the Civil War,” Michelman explained. “This is a horrible, inhumane and unconstitutional act that deprives people [of[ a fundamental promise written into our Constitution.” Michelman said the order would have widespread consequences including preventing people from getting passports, voting, serving on juries and possible deportation. For some children, that could mean getting sent back to a country they’ve never been to. He maintains President Trump does not have the authority to do this. “The president does not have the authority to override the Constitution,” he said. According to the 14th Amendment, "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.” Trump says he will pardon DC officers convicted in 2020 murder case However, Trump has argued that noncitizens aren’t subject to the jurisdiction of the United States. The order exempts children whose mothers were not in the country legally from receiving birthright citizenship. As well as children whose fathers are not citizens or permanent residents, among others. “It’s clear to virtually all legal scholars that [President Trump] does not [have legal standing],” said Dr. Todd Belt, Political Management Program Director at George Washington University. “It’s in the very first sentence in the 14th Amendment, that any citizen born on U.S. soil is a U.S. citizen.” Belt said there’s a lot at stake here, but that its implementation is far from certain. “This can be extremely controversial even if you have a strong opinion on illegal immigration. I think this is something that’s probably not going to go too far in the courts," he said. Nearly two dozen Attorney Generals from various states and cities, including Maryland and D.C., have filed a separate lawsuit challenging the order.
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