Trump birthright citizenship order draws quick lawsuit

[mystery-ak]

Trump birthright citizenship order draws quick lawsuit

The suit also says Trump’s order, if enforced, could render some children stateless.

Josh Gerstein
01/20/2025, 11:32pm ET

It took less than two hours for President Donald Trump to be hit with a lawsuit over his executive order seeking to end the practice of near-universal birthright citizenship in the U.S.

Immigrant rights advocates brought the suit Monday night in federal court in New Hampshire on behalf of a group representing Indonesian migrants in that state, along with other groups representing Latinos and so-called Dreamers — individuals brought to the U.S. as children by parents who entered or remained in the country illegally.

It’s the first of a wave of suits expected to be filed over Trump’s order. State officials from California and Illinois, among others, have indicated plans to sue over the president’s directive, which was widely advertised in advance.

The suit filed in New Hampshire contends that Trump’s order violates the Constitution’s 14th Amendment as well as federal law that has been on the books for more than 80 years.

more
https://www.politico.com/live-updates/2025/01/20/donald-trump-inauguration-day-news-updates-analysis/challenging-trump-on-citizenship-00199593

[Bigun]

Trump birthright citizenship order draws quick lawsuit

The suit also says Trump’s order, if enforced, could render some children stateless.

Josh Gerstein
01/20/2025, 11:32pm ET

It took less than two hours for President Donald Trump to be hit with a lawsuit over his executive order seeking to end the practice of near-universal birthright citizenship in the U.S.

Immigrant rights advocates brought the suit Monday night in federal court in New Hampshire on behalf of a group representing Indonesian migrants in that state, along with other groups representing Latinos and so-called Dreamers — individuals brought to the U.S. as children by parents who entered or remained in the country illegally.

It’s the first of a wave of suits expected to be filed over Trump’s order. State officials from California and Illinois, among others, have indicated plans to sue over the president’s directive, which was widely advertised in advance.

The suit filed in New Hampshire contends that Trump’s order violates the Constitution’s 14th Amendment as well as federal law that has been on the books for more than 80 years.

more
https://www.politico.com/live-updates/2025/01/20/donald-trump-inauguration-day-news-updates-analysis/challenging-trump-on-citizenship-00199593

Good! I think this is exactly what Trump wanted to happen. Who has "standing" to get this before SCOTUS?

[Lando Lincoln]

Good! I think this is exactly what Trump wanted to happen. Who has "standing" to get this before SCOTUS?

I believe you are 100% correct.

[rangerrebew]

Trump administration sued for executive order restricting birthright citizenship
Conor Doran | U. College Cork School of Law, IE
January 21, 2025 08:03:21 am

The ACLU and several other immigrant rights organizations filed a lawsuit on Monday with a New Hampshire District Court which claims that a Trump administration executive order ending birthright citizenship for babies born in the US to parents who entered the country illegally is unconstitutional.

The lawsuit contends that the executive order contradicts the 14th Amendment of the US Constitution, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States”.

Since the 1898 decision in Wong Kim Ark, this clause has been interpreted as granting citizenship to all babies born in the US, regardless of citizenship status or eligibility of parents. That being said, the US Supreme Court has changed longstanding interpretations of the Constitution before, with a well-known example being the 2022 decision in Dobbs v Jackson Women’s Health Organization which overturned the 1973 decision of Roe v Wade which recognized a constitutional right to privacy that prevented states from banning abortion.

https://www.jurist.org/news/2025/01/trump-administration-sued-for-executive-order-restricting-birthright-citizenship/

[IsailedawayfromFR]

“all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States”.

The ACLU conveniently is ignoring this part of the Constitution as illegals by definition are not subject to the jurisdiction of the US.

[rangerrebew]

We should always remember the masters of the law, the Supreme Court, in all its wisdom, led by Chief Justice Taney, a democrat, one ruled the black man had no rights a white man was bound to respect.  Even back then the democrats had an Adam Schiff.

[mystery-ak]

Trump admin hits back as ACLU launches lawsuit on birthright citizenship: ‘Ready to face them’

The Trump administration says it is ready to push back against "the Left’s resistance" in court, after a top civil rights group filed a lawsuit challenging President Donald Trump’s order ending birthright citizenship for illegal immigrants.

"Radical Leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump to advance his wildly popular agenda," Harrison Fields, White House principal deputy press secretary, told Fox News Digital.

"These lawsuits are nothing more than an extension of the Left’s resistance – and the Trump administration is ready to face them in court," he said.

Trump signed the order Monday night, "Protecting the Meaning and Value of American Citizenship," which ends birthright citizenship for illegal immigrants.

The order seeks to clarify the 14th Amendment, which states: "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."

Excerpted story by Adam Shaw.
Posted by Jamie Joseph

[libertybele]

Exactly as I thought; the ACLU, LaRaza and other pro-immigration groups will be battling Trump on many aspects of ILLEGAL immigration.  Once again the minority liberal entities are going to rear their ugly heads. 

Congress needs to start enacting bills rather than Trump having to rule by e.o.

[Smokin Joe]

“all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States”.

The ACLU conveniently is ignoring this part of the Constitution as illegals by definition are not subject to the jurisdiction of the US.

Precisely. The children of foreign nationals retain their parents' citizenship.

It works that way anywhere in the world.

[Fishrrman]

There will be (already are?) many more lawsuits filed by the left over this.

No matter. This is the response that the incoming administration expected ... and desired.

The goal is to FORCE the issue into the U.S. Supreme Court, and to FORCE The Court to rule specifically on the issue.

I've posted numerous times in this forum whenever the 14th Amendment issue re citizenship was discussed, that the issue cannot be resolved short of a Supreme Court decision or otherwise by Constitutional Amendment.

Now we're going to find out.

Still, it's impossible to speculate how The Court will decide.
We KNOW that there are at least three votes for the existing status quo.
We DON'T know how the others will rule.

I sense that there could be a strong sentiment to the idea of stare decisis, and upsetting the apple cart regarding the millions of already-existing "14th Amendment citizens". "Stand by things decided".

Or, the conservatives on The Court could make a break for it, and rule for Mr. Trump.

We're just not going to know until we get there.
"The goal" right now is to get these cases moving upwards, and hopefully get the decision within a couple of years.