WASHINGTON – A coalition of advocacy groups led by the American Civil Liberties Union (ACLU) has filed a federal lawsuit against President Donald Trump’s recent executive order aimed at curtailing birthright citizenship for children born in the United States. The lawsuit challenges the order's legality and claims that it undermines the constitutional right guaranteed under the 14th Amendment.

Trump's executive order, signed late on a recent Monday, seeks to deny citizenship to children whose parents are not U.S. citizens or lawful permanent residents. It specifically targets children born to parents who are unlawfully present in the United States, as well as those whose parents' presence is lawful but temporary. The order is set to take effect in mid-February, significantly altering the legal landscape of who qualifies for U.S. citizenship by birth.

Experts, including constitutional scholars, argue that the order conflicts with the long-established interpretation of the 14th Amendment, which affirms that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” The implications of Trump's order are grave, as it intends to prevent federal agencies from granting citizenship, Social Security numbers, or even passports to U.S.-born children if their parental status does not meet new criteria.

“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values,” stated ACLU Executive Director Anthony Romero, emphasizing the potential harm of creating a permanent subclass of individuals born in the U.S. but denied full rights as citizens. This sentiment is echoed by various advocacy leaders who warn that such policies could generate a class of stateless individuals, effectively undermining the nation’s values of equality and inclusiveness.

Since the ratification of the 14th Amendment in 1868, birthright citizenship has served as a core principle in American democracy, established to rectify historical injustices and promote equality. Legal precedents, most notably the 1898 Supreme Court ruling in United States v. Wong Kim Ark, affirmed that children born in the U.S. to immigrant parents are entitled to citizenship regardless of their parents' immigration status.

Given the backdrop of rising anti-immigration sentiment, Trump's order fulfills a longstanding aim of certain political factions seeking to dismantle legal protections aimed at immigrants and their children. As the ACLU’s lawsuit progresses, the outcome will likely determine not only the future of birthright citizenship but also the broader implications for immigration policy in the United States.

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