Rights Groups Sue Trump Over Executive Orders Limiting Birthright Citizenship
Joseph Stepansky
Civil rights organizations have filed a lawsuit in New Hampshire against President Donald Trump's new executive orders limiting birthright citizenship, arguing they defy a Supreme Court ruling from June. The groups, including the ACLU and the Legal Defense Fund, assert the orders unconstitutionally expand exceptions to the 14th Amendment.
Washington, DC – Civil rights organizations have launched legal action against President Donald Trump's latest attempt to narrow the scope of automatic citizenship for children born in the United States.
These groups, which successfully blocked Trump's earlier broad effort to end birthright citizenship at the Supreme Court, filed a new lawsuit on Tuesday in federal court in New Hampshire.
The move comes days after Trump signed two new executive orders on the matter. One order expands exceptions under the 14th Amendment of the U.S. Constitution, which already excludes certain individuals from automatic citizenship at birth. The other directs leaders of the State Department and the Department of Homeland Security to take measures to prevent mothers from coming to the U.S. solely to give birth, a practice known as "birth tourism."
The groups involved in the lawsuit include the American Civil Liberties Union (ACLU), the Legal Defense Fund, the Asian Law Caucus, and the Democracy Defenders Fund. They argue that the Supreme Court's June ruling, which rejected Trump's previous attempt to restrict birthright citizenship, bars any "modification" to existing exceptions based on the Constitution and prior high court rulings.
"The Supreme Court has been clear: President Trump's attempt to redefine who is an American citizen through executive action is unconstitutional," said Amia Trigg, deputy director of litigation at the Legal Defense Fund.
"Now the president is trying to escalate his unlawful attack on this constitutional protection. We will not stand by while the executive branch openly ignores the court's authority in a campaign against American children," she added.
Stephen Miller, the White House deputy chief of staff for policy and architect of the hardline immigration agenda, had previously stated he would challenge the Supreme Court's June ruling. However, the administration allowed a late July deadline to pass without filing a petition for the high court to reconsider the decision.
Administration lawyers had argued that birthright citizenship has been misinterpreted since the 14th Amendment was ratified in 1868, contending the provision was intended only to ensure citizenship for the children of freed slaves, not for all individuals present in the U.S.
The Supreme Court's 6-3 ruling, in which the conservative majority sided against the administration, rejected that argument. Chief Justice John Roberts wrote that "there is little evidence for this sweeping revisionist view."
"The framers of the 14th Amendment extended that promise to 'all persons born or naturalized in the United States,'" he wrote. "We uphold that promise today."
Legal observers call Trump's latest effort to restrict birthright citizenship a stress test of the Supreme Court's June ruling, though it remains unclear whether the justices are willing to revisit the issue or consider it settled.
While six justices voted against the administration, conservative Justice Brett Kavanaugh rejected the notion that the administration's effort was unconstitutional. Some supporters of Trump's push argue this still leaves hope for success if a new case reaches the Supreme Court.
The new executive order aims to expand existing exceptions under the 14th Amendment, which already does not automatically grant citizenship to children of foreign diplomats or invading forces. The order directs government agencies not to "issue documents recognizing U.S. citizenship" to children of diplomatic personnel residing in the U.S., children of individuals allegedly affiliated with "terrorist organizations," those deemed to have engaged in "commercial transactions" to ensure birth in the U.S., and certain individuals born in U.S. territories.
This development comes as some Republicans seek to emphasize the birthright citizenship issue ahead of the November midterm elections, arguing that the Supreme Court ruling has turned the matter into a rallying point for conservatives.
It remains to be seen whether this approach will gain traction, as polls consistently show broad support for birthright citizenship, even as other immigration issues are more divisive.
In a statement, Aarti Kohli, executive director of the Asian Law Caucus, one of the litigating groups, said the administration "is throwing everything at the wall to see what sticks."
"Immigrant communities know our rights are at stake, especially when the government uses us as scapegoats," she said. "The Trump administration lost once, and it will lose again."