The Ongoing Legal Fight Over Birthright Citizenship
The Trump administration’s executive order to end birthright citizenship for children of immigrants living in the country without legal status has sparked a legal battle with Democratic state attorneys general and immigration advocates.
A Legal Dilemma
The legal fight hinges on the interpretation of the 14th Amendment to the U.S. Constitution, which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The Trump administration argues that the phrase “subject to the jurisdiction thereof” excludes children born to parents who are not legal residents.
However, Democratic attorneys general argue that the “subject to the jurisdiction thereof” clause does not apply to children born in the U.S. and that birthright citizenship has been a fundamental principle of American law for over a century.
The Deprivation of Citizenship
The lawsuit further argues that denying automatic citizenship to children born to undocumented immigrants would create a class of individuals living under the constant threat of deportation, despite being born in the United States.
New Jersey Attorney General Matthew Platkin criticized the administration’s stance as contradictory to its efforts to deport undocumented immigrants, arguing that it implies they do not have jurisdiction over individuals born in the country without legal status.
Originalist Interpretation
The Supreme Court justices who describe themselves as originalists will likely examine the original intent of the 14th Amendment’s “subject to the jurisdiction thereof” clause.
Platkin argues that the courts have consistently interpreted this clause to include children born in the U.S. regardless of their parents’ immigration status.
The only potential exception is for children of diplomats who are not subject to U.S. jurisdiction.
Ongoing Legal Challenges
Platkin declared that the state attorneys general are prepared to file lawsuits against the Trump administration to uphold the rule of law and protect birthright citizenship.
Conclusion
The legal battle over birthright citizenship is likely to continue, with both sides presenting strong arguments based on different interpretations of the U.S. Constitution’s 14th Amendment. The outcome of these lawsuits will have significant implications for the future of immigration policy in the United States.