Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied Sports
  • Access Denied
    Access Denied Nation
  • Yashasvi Jaiswal Ruled Out Of Mumbai’s Ranji Trophy Semi-Final Against Vidarbha
    Yashasvi Jaiswal Ruled Out Of Mumbai’s Ranji Trophy Semi-Final Against Vidarbha Sports
  • Access Denied
    Access Denied Nation
  • Day After Woman Allegedly Raped, Killed In Manipur, Another Shot Dead Today
    Day After Woman Allegedly Raped, Killed In Manipur, Another Shot Dead Today Nation
  • Massive Rail Delays In France After Train Driver Dies By Suicide On The Job
    Massive Rail Delays In France After Train Driver Dies By Suicide On The Job World
  • “God Has Its Own Plan”: Rishabh Pant’s Heartwarming Post After T20 World Cup Triumph
    “God Has Its Own Plan”: Rishabh Pant’s Heartwarming Post After T20 World Cup Triumph Sports
  • Building collapse near Pune: Two more rescued; survivor count rises to nine
    Building collapse near Pune: Two more rescued; survivor count rises to nine Nation
22 US States Sue Trump Over Birthright Citizenship Order, But Can They Stop Him?

22 US States Sue Trump Over Birthright Citizenship Order, But Can They Stop Him?

Posted on January 22, 2025 By admin




Washington DC:

US President Donald Trump has been sued by a coalition of Democratic-leaning states and civil rights groups over his plan to end birthright citizenship in the United States. Several separate lawsuits came within hours after Trump took office and quickly unveiled a phalanx of executive orders he hopes will reshape American immigration.

The first two cases were filed by the American Civil Liberties Union, immigrant organizations and an expectant mother in the hours after Trump signed the executive order, kicking off the first major court fight of his administration.

The two other lawsuits were brought by 22 Democratic-led states along with the District of Columbia and the city of San Francisco, in federal courts in Boston and Seattle. The cases asserted that the President had overstepped his authority and violated the US Constitution by trying to eliminate the automatic granting of citizenship to anyone born on US soil.

If allowed to stand, Trump’s order would for the first time deny more than 150,000 children born annually in the United States the right to citizenship, said the office of Massachusetts Attorney General Andrea Joy Campbell.

“President Trump does not have the authority to take away constitutional rights,” she said in a statement.

What Is Birthright Citizenship?

Anyone born in the United States is considered a citizen at birth, which derives from the Citizenship Clause of the 14th Amendment which was added to the US Constitution in 1868. 

The amendment states: “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 Immigration and Nationality Act of 1952 also defines citizens and includes similar language.

The 14th Amendment was confirmed in the US Constitution in 1868, after the four years of the American Civil War, to overturn the Supreme Court decision Dred Scott v. Sandford, which denied basic rights to African Americans. The previous judgement said that enslaved people were not US citizens and, therefore, could not expect any protection from the federal government or the courts.

The US Supreme Court affirmed that birthright citizenship applies to the children of immigrants in 1898 in the Wong Kim Ark v United States ruling. Wong, who was born to Chinese immigrants in the US, was denied re-entry when he returned to the US from a visit to China. Wong successfully argued that because he was born in the US, his parents’ immigration status did not affect the application of the 14th Amendment in his case.

The case affirmed that regardless of race or the immigration status of one’s parents, all children born in the United States were entitled to all of the rights that citizenship offered. 

However, the Supreme Court has not addressed whether the Citizenship Clause applies to US-born children of people who are in the United States illegally.

What Does Trump’s Executive Order Say?

Donald Trump’s order declared that individuals born in the United States are not entitled to automatic citizenship if the mother was in the country unlawfully and the father was not a citizen or lawful permanent resident. It also declared citizenship would be denied to those whose mother was in the United States lawfully but temporarily, such as those on student or tourist visas, and whose father was not a citizen or lawful permanent resident.

Trump has complained about foreign women visiting the United States for the purpose of giving birth and conferring US citizenship on their offspring.

There were an estimated 11 million illegal immigrants in America in January 2022, according to a US Department of Homeland Security estimate, a figure that some analysts now place at 13 million to 14 million. Their US-born children are considered by the government to have US citizenship. 

Losing out on citizenship would prevent these individuals from having access to federal programs like Medicaid health insurance and, when they become older, from working lawfully or voting, the states said in the lawsuits.

Can Trump’s Order Overturn Birthright Citizenship?

According to legal experts, birthright citizenship can not be ended by an executive order as it is bound to end up in litigation. 

“He’s doing something that’s going to upset a lot of people, but ultimately this will be decided by the courts…This is not something he can decide on his own,” Saikrishna Prakash, a constitutional expert and University of Virginia Law School professor said, according to a report by BBC. 

Mr Prakash noted that while Trump can order employees of federal agencies to interpret citizenship more narrowly, it would trigger legal challenges from anyone whose citizenship is denied. This could lead to a lengthy court battle ultimately winding up at the US Supreme Court.

A constitutional amendment could do away with birthright citizenship, but that would also require a two-thirds vote in both the House of Representatives and the Senate and approval by three-quarters of US states. Republicans have a 53 to 47 majority in the Senate and a 220 to 215 majority in the House, meaning America’s grand old party (GOP) does not have the required number in either chamber.

Cases Against Trump’s Order

Three of the four lawsuits against Trump’s order were filed in Massachusetts and New Hampshire. Any rulings from judges in those New England states would be reviewed by the Boston-based 1st US Circuit Court of Appeals, the only federal appeals court whose active judges are all Democratic appointees, according to a report by Reuters. 

Four states filed a separate case in Washington state, which the San Francisco-based 9th US Circuit Court of Appeals has jurisdiction over. US District Judge John Coughenour in Seattle has scheduled a Thursday hearing on whether he should issue a temporary restraining order blocking enforcement of Trump’s order.

A fifth lawsuit was filed in federal court in Maryland by a group of pregnant women and immigrant rights groups including CASA.

The various lawsuits argue that Trump’s executive order violated the right enshrined in the Citizenship Clause of the U.S. Constitution’s 14th Amendment which provides that anyone born in the United States is considered a citizen.

The complaints cite the US Supreme Court’s 1898 ruling in United States v. Wong Kim Ark, a decision holding that children born in the United States to non-citizen parents are entitled to U.S. citizenship. The plaintiffs challenging the order include a woman living in Massachusetts identified only as “O. Doe” who is in the country through temporary protected status and is due to give birth in March.

Temporary protected status is available to people whose home countries have experienced natural disasters, armed conflicts or other extraordinary events and currently covers more than 1 million people from 17 nations.

Several other lawsuits challenging aspects of Trump’s other early executive actions are also pending.

The National Treasury Employees Union, which represents federal government employees in 37 agencies and departments, late on Monday filed a lawsuit challenging an order Trump signed that makes it easier to fire thousands of federal agency employees and replace them with political loyalists.




Source link

World Tags:Birthright Citizenship, donald trump, donald trump executive order, US birthright citizenship

Post navigation

Previous Post: “Pray For Rohit Sharma, Virat Kohli”: Ex-Cricketer Launches Decisive Verdict On India Stalwarts
Next Post: California Wildfires: As fire-fanning winds continue, Southern California readies for potential rain and toxic runoff

Related Posts

  • More Palestinians flee as Israel pushes deeper into Rafah
    More Palestinians flee as Israel pushes deeper into Rafah World
  • Turkiye says over 100 suspected Islamic States members arrested
    Turkiye says over 100 suspected Islamic States members arrested World
  • Access Denied World
  • Trump says he will repair National Mall reflecting pool after July 4
    Trump says he will repair National Mall reflecting pool after July 4 World
  • Access Denied World
  • Macron to host G7 leaders call on Iran crisis, energy prices
    Macron to host G7 leaders call on Iran crisis, energy prices World

More Related Articles

Iran fully closes Strait of Hormuz over U.S. blockade Iran fully closes Strait of Hormuz over U.S. blockade World
Trump Says He Would Impose Tariffs On China If It Went Into Taiwan Trump Says He Would Impose Tariffs On China If It Went Into Taiwan World
‘Every country in world has stupid people’: Rubio on racist remarks against Indians in U.S. ‘Every country in world has stupid people’: Rubio on racist remarks against Indians in U.S. World
All 20 Indian crew members of MT Jalveer safely return home: Indian mission All 20 Indian crew members of MT Jalveer safely return home: Indian mission World
Iran executes man over involvement in winter protests Iran executes man over involvement in winter protests World
Sirens sound in Tel Aviv for the first time in months as Hamas says it fired rockets from Gaza Sirens sound in Tel Aviv for the first time in months as Hamas says it fired rockets from Gaza World
SiteLock

Archives

  • October 2026
  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • India’s IT exports: Deliver the code, chase the cash
  • Is Wetland Authority accountable to government or construction companies, asks Anbumani
  • TCS looks to quantum computing to solve complex ‘what if’ problems
  • AIADMK, BJP leaders slam TVK-led Tamil Nadu government over electricity purchase at high rate
  • Two arrested for attacking security guard with knife in Besant Nagar

Recent Comments

  1. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Manuelret on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. BrentWes on UP Teacher Who Asked Students To Slap Muslim Classmate
  • ‘We will prevail’: Nobel Peace Prize winner Maria Corina Machado
    ‘We will prevail’: Nobel Peace Prize winner Maria Corina Machado World
  • Rahul Dravid Ready For Bollywood Switch In Own Biopic, Jokingly Says Only If…
    Rahul Dravid Ready For Bollywood Switch In Own Biopic, Jokingly Says Only If… Sports
  • Government Slashes Prices Of 41 Medicines, Including Those For Diabetes, Heart Ailments
    Government Slashes Prices Of 41 Medicines, Including Those For Diabetes, Heart Ailments Nation
  • In South America, Trump already losing a trade battle with China
    In South America, Trump already losing a trade battle with China Business
  • Fiorentina’s Edoardo Bove ‘Stable’ After Collapse, Scott McTominay Keeps Napoli Top
    Fiorentina’s Edoardo Bove ‘Stable’ After Collapse, Scott McTominay Keeps Napoli Top Sports
  • Uganda slams ‘unfair’ Ebola air travel restrictions
    Uganda slams ‘unfair’ Ebola air travel restrictions World
  • Access Denied Sports
  • Access Denied Sports

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Associate Journalists
1. Subrata Paul - AN/2020/01
2. Quamruz Zaman - AN/2021/22
3. Ahmed Sha - AN/2021/035
4. Ajay Kumar Shaw - AN/2021/39
5. Tahqiqul Hoda - AN/2021/21

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.