Idaho ACLU responds to President Trump targeting birthright citizenship
Jan 22, 2025
President Donald Trump signed a number of executive orders since his inauguration and among them is an order that would end birthright citizenship. The ban targets the 14th Amendment, which designates any person born in the U.S. and subject to the jurisdiction thereof is a citizen of the United States.A partner at Givens Pursley in Boise, Jeff Beelaert says, "President Trump is suggesting perhaps I haven't read the order closely but that there's a different way to interpret the provision of the 14th amendment and what he's done in his executive order is articulated his own reading of the 14th amendment that is now subject to legal challenge.The executive order is already prompting attorneys general in 22 states to take legal action."That's the argument that they're raising. That the president essentially, with that particular order, has exceeded the scope of his authority, says Beelaert.There are some specifications in the order, but overall, it aims to stop birthright citizenship for anyone born in the U.S. if their parents are illegally in the country.Many feel the order targets immigrants."I think the purpose of those executive orders wasn't actually to take away birthright citizenship because they knew that would not muster any legal challenge. The purpose of it was to scare minority communities, and they have done that successfully, says Rebecca De Leon.Rebecca de Leon with the ACLU Idaho says their national team expected this and is gathering a team of attorneys to file lawsuits for anything deemed illegal or unconstitutional.She says, "Here in Idaho, we are looking more towards our state elected officials, and we are prepared to stop them if they try to copycat anything that Trump is doing."All of these orders have certain time frames for implementation.For example, the pardoning of Jan. 6 offenders was immediate, while the order on birthright citizenship does not take effect for 30 days.Jeff Beelaert says, This is federal law so to the extent that the president is telling federal agencies to do one thing or another, you're going to feel that in Idaho to the extent regulated by one of these federal agencies.So what exactly is an executive order? Beelaert, says, "Under Article II of the US Constitution, [The President] is vested with executive authority under our government. He's telling his subordinates, he's telling agencies of the United States government here are my policies, here are things that I am expecting you to do." Then it's up to the departments or the agencies to carry out those orders consistent with existing laws."As I mentioned, there are specific timelines for each order and it could take months, even years for the Supreme Court to address the Birthright Citizenship Order."There are very specific orders that apply to individuals or applying in only very specific instances, and there [are] broader orders, I think the Birthright Citizenship question and the interpretation of the 14th amendment that's going to be a big issue. I think [what] you're seeing right now, that litigation getting started and it will continue for perhaps months, years it's going to be a while before the Supreme Court has a chance to address that issue."