Over 20 states, cities, and immigration groups have filed lawsuits against President Trump’s executive action on birthright citizenship. These legal challenges argue that his action goes against the U.S. Constitution. The lawsuits focus on the Fourteenth Amendment, which says that any child born in the U.S. is a U.S. citizen.

These legal battles could lead to a major U.S. Supreme Court case under President Trump’s administration. The appeals will go through the First U.S. Circuit Court of Appeals, where all judges were appointed by Democrats.

In the past, the U.S. Supreme Court has supported birthright citizenship. Before the Fourteenth Amendment was added in 1868, a federal law already granted citizenship to children born in the U.S. The amendment has been upheld ever since.

The lawsuits are asking for a court order to stop President Trump’s policy before it takes effect. The executive action instructs federal agencies to stop issuing U.S. citizenship documents to babies born in the U.S. if their parents are in the country illegally or if the mother has a temporary visa. The policy would apply to children born in the U.S. starting 30 days after the executive order was issued.

Trump’s policy is based on the phrase “subject to the jurisdiction thereof” in the Fourteenth Amendment. Supporters of the policy argue that children of undocumented immigrants aren’t fully under U.S. jurisdiction, so they shouldn’t be considered citizens. However, critics say this interpretation won’t hold up in court. The phrase was originally meant to apply to children of foreign diplomats or in cases where a foreign country has invaded the U.S.

Navigating the U.S. immigration system is challenging, particularly during times of change. Contact us to work with an experienced attorney to ensure you get expert advice for your particular situation based on the current laws.