Trump’s attempt to end US citizenship faces first challenge

A Seattle judge will hear a request from four states on Thursday to temporarily halt President Donald Trump’s executive order to end birthright rights in the United States.

The request — filed on behalf of Washington, Arizona, Illinois and Oregon — asks that the order be stayed while the federal court considers the states’ legal challenge.

This is the first court hearing on the executive order signed by Trump on Monday, which aims to end the citizenship rights of children born in the United States to parents residing illegally or temporarily in the country.

A group of 18 other Democratic-led states, along with the District of Columbia and the city of San Francisco, filed a separate challenge.

U.S. birthright citizenship is automatic U.S. citizenship granted to anyone born in the country. It is enshrined in the 14th Amendment to the US Constitution, making it difficult to overturn.

Trump, who has taken a series of unilateral actions since returning to the US presidency on Monday, has long pledged to make this particular change.

His executive order called on U.S. government departments and agencies to deny citizenship to children of migrants who are in the United States illegally or on temporary visas.

This will apply to children born on or after February 19, according to legal documents filed in the case by the Department of Justice (DoJ).

The administration is reportedly enforcing the order by refusing to provide documents, such as passports, to people it deems ineligible for citizenship.

In their lawsuit, the four states challenging the order argue that the 14th Amendment and U.S. law “automatically confer citizenship on individuals born in the United States” and that the president does not have the authority to amend the Constitution.

They add that if the order is enforced, residents of these states “will suffer immediate and irreparable harm.”

“Individuals stripped of their U.S. citizenship will be left undocumented, subject to deportation or detention, and many will be stateless,” the lawsuit says.

The states’ lawsuit seeks to prevent federal agencies from acting in accordance with the order — while the request for a temporary restraining order seeks to suspend the president’s order while the court hears arguments.

In response, the DoJ asserts in its own filings that the case does not warrant the “extraordinary measure” of a temporary restraining order.

He also offers a different interpretation of the 14th Amendment, emphasizing that the document grants U.S. citizenship only to those born in the United States “and subject to its jurisdiction,” arguing that this excludes children of noncitizens who are in the states illegally. -United.

The DoJ adds that Trump’s order is “an integral part” of his goal to address the nation’s “failing immigration system and the ongoing crisis at the southern border.”

Thousands of people could be affected by this order. There were 255,000 children born to undocumented mothers in the United States in 2022, according to the states’ legal challenge.

The broader legal action launched against the Trump administration will feature personal testimony from state attorneys general themselves, the AP news agency reports. William Tong, who represents Connecticut and is a U.S. citizen by birth, told AP that the matter was personal, adding: “There is no legitimate legal debate on this issue.” »

Without a direct amendment to the US Constitution – which requires a two-thirds vote in both houses of Congress, as well as approval from US states – experts say the issue will likely ultimately be decided by the courts.

Thursday’s hearing will be presided over by Judge John Coughenour, who has served on the Western District Court of Washington since 1981 after being appointed by then-President Ronald Reagan.

Trump’s birthright order is also the subject of a legal challenge from the American Civil Liberties Union (ACLU).