Even as the ink is perhaps drying on the Executive Order ( EO ) signed by President Donald Trump, immigrants’-rights advocates have sued the Trump administration.
The Eu- Protecting the meaning and value of American citizenship, ’ denies, automated citizenship to children born in the US after Feb 19, in the next instances where: The mother is’unlawfully existing’ in the US and the parents is never a US citizen or lawful permanent resident (aka green card holder ) at the time of the child’s beginning; and The mother is’lawfully but temporarily in the US’ ( on visa ) and the father is neither a US citizen or green card holder at the time of the child’s birth. In other words one of the parents has to be a US citizen or green card holder at the time of the child’s birth.
The first lawsuit challenging this EO has already been filed in a US district court ( District of New Hampshire ). The case was filed by immigrants ‘ rights advocates including the American Civil Liberties Union, Asian Law Caucus, State Democracy Defenders Fund, and others. The lawsuit charges the Trump administration with flouting the Constitution’s dictates, congressional intent, and longstanding Supreme Court precedent.
According to the plaintiffs, birthright citizenship is the principle that every baby born in the US is an American citizen. The Constitution’s 14th Amendment guarantees the citizenship of all children born in the US ( with the extremely narrow exception of children of foreign diplomats ) regardless of race, colour, or ancestry. Specifically, it states that “All persons born or naturalized in the US, and ‘subject to the jurisdiction ’ thereof, are citizens of the US and of the state wherein they reside. ”
“Denying citizenship to US-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. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the US who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration’s overreach is so egregious that we are confident we will ultimately prevail, ” said Anthony D. Romero, executive director of the American Civil Liberties Union.
Trump’s executive order points out that the 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the US. It has always excluded from birthright citizenship persons who were born in the US but not ‘subject to the jurisdiction thereof. ’ In other words, it requires one of the parents to be a US green card holder or US citizen for the child to get birthright citizenship.
“If you’re born here, you are a citizen — period. No politician, including President Trump, can decide who is American and who is not, ” said Aarti Kohli, executive director of the Asian Law Caucus. “For over a century, since a young Chinese American cook from San Francisco named Wong Kim Ark won his case at the Supreme Court in 1898, birthright citizenship for all — including babies born to immigrants— has been a cornerstone of US democracy. This constitutional protection has been especially vital to Asian American communities, who have faced decades of exclusionary laws. Most Americans ’ whose ancestors came after 1898 built their families ’ futures on this very right. Wong Kim Ark’s legacy lives on in every child born to immigrant parents today, and we stand ready to mount a formidable response to any attempt to strip away this essential freedom. ”
Jacksonville based, Ashwin Sharma, an immigration attorney, told TOI, “The phrase ‘subject to the jurisdiction thereof’ has been consistently interpreted to include nearly all individuals born on US soil, irrespective of their parents ’ immigration status, other than children of enemy occupiers or diplomats.
“Trump’s EO relies on a selective and self-serving reinterpretation of ‘subject to the jurisdiction thereof. ’ The sweeping language of the executive order excludes from eligibility the children of undocumented immigrants as well as children of legal non-immigrants, such as H-1B visa holders, F-1 students, and other temporary residents. By placing the citizenship of these US-born children in jeopardy, the EO creates great uncertainty for immigrant families who have long contributed to the US economy and society. And for a President who claims to champion merit and hard work, this order is a harsh blow to those who exemplify those very ideals. ”
“Birthright citizenship is guaranteed in our Constitution and is absolutely central to what America stands for, ” said Cody Wofsy, deputy director of the ACLU’s Immigrants ’ Rights Project and lead attorney in this case. “Denying citizenship to babies born on US soil is illegal, profoundly cruel, and contrary to our values as a country. ”
Such children would also be unable to obtain required identification and, as they grow up, be denied the right to vote, serve on juries, hold certain jobs, and otherwise be a full member of American society, even though they were born in the United States and have never lived anywhere else.
