President Trump’s Birthright Citizenship Order is facing challenges from officials across twenty-four states. The group warned federal judges the mandate will fuel administrative dysfunction and detract from publicly funded programs. Four lawsuits have been filed against the executive order, urging federal judges to halt the order’s enforcement in their respective jurisdictions.
The executive order states that children born in the U.S. to mothers who don’t have legal authorization to live in the country or have temporary legal residency status, unless the father is a U.S. citizen or lawful permanent resident, will not be granted automatic citizenship. Critics of the order argue that it goes against over one hundred years of U.S. Supreme Court precedent, the 14th Amendment, and the Immigration and Nationality Act.
These criticisms are echoed in briefs issued by both state and local governments participating in the legal dissent. They also argue that the order will deprive families and their children of important benefits. The order would also force local governments to create new procedures to confirm citizenship for programs.
The Trump administration argued the order does not violate the 14 Amendment that grants automatic citizenship to specifically those who are both born in the United States and are under its jurisdiction and therefore doesn’t apply to children of undocumented immigrants and temporary visa holders. A Seattle judge granted the bids of four states to bar the enforcement of the order for fourteen days, while representatives from eighteen other states, including D.C. and Maryland’s attorneys general still challenge the order. The order goes into effect on February 19th.
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