Legal Battle Looms Over Trump’s Controversial Birthright Citizenship Order

January 21, 2025

Trump’s executive order seeks to deny citizenship to children born in the U.S. to parents who are illegally in the country or on temporary visas…reports Asian Lite News

Hours after President Donald Trump signed a controversial executive order aimed at ending birthright citizenship, a coalition of civil rights and immigration groups filed a lawsuit, setting the stage for a high-stakes legal battle. The move has sparked intense debate and is expected to escalate to higher courts, possibly reaching the Supreme Court. Birthright citizenship, guaranteed by the 14th Amendment of the U.S. Constitution, has long been a cornerstone of U.S. immigration policy. Trump’s executive order seeks to deny citizenship to children born in the U.S. to parents who are illegally in the country or on temporary visas.

The executive order directs federal agencies to deny U.S. citizenship to children born in the U.S. to parents without lawful immigration status unless one parent is a U.S. citizen or lawful permanent resident. The order specifies that this policy will apply to children born 30 days after its signing, affecting the issuance of U.S. passports and other documents recognizing citizenship.

In response, the American Civil Liberties Union (ACLU) and other civil rights organizations filed a lawsuit in federal court in New Hampshire. The legal complaint argues that the executive order is unconstitutional, asserting that only Congress and the Constitution can dictate who is entitled to U.S. citizenship. The lawsuit aims to block the enforcement of Trump’s order through both temporary and permanent injunctions.

The lawsuit also emphasizes the potential harm the order could cause, particularly the risk of rendering affected children stateless and instilling fear among immigrant families. Attorneys representing the coalition of organizations highlighted the emotional and practical consequences, especially for families expecting children who could be impacted by the new policy.

The executive order fits into Trump’s broader immigration agenda, which has faced significant legal challenges throughout his presidency. However, experts point out that the 14th Amendment explicitly guarantees birthright citizenship, which could make the order unconstitutional. Legal experts predict that the battle will likely escalate to higher courts, with a potential showdown in the U.S. Supreme Court.

The legal clash over Trump’s birthright citizenship order is shaping up to be one of the most significant immigration cases in recent history. As the case moves through the courts, its outcome could have lasting implications for U.S. immigration law and the rights of millions of families.

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