Donald Trump sued by immigration group over bid to end Birthright Citizenship in US

  • President Donald Trump was sued over his bid to end automatic citizenship for children born in the US whose parents are unlawfully or temporarily in the country,

Written By Sayantani
Published21 Jan 2025, 02:43 PM IST
On Monday, at the White House, Donald Trump signed an order that would end a policy that confers citizenship to those born in the United States.
On Monday, at the White House, Donald Trump signed an order that would end a policy that confers citizenship to those born in the United States. (REUTERS)

US President Donald Trump has been sued by immigration advocates over his bid to end automatic citizenship for children born in the United States whose parents are unlawfully or temporarily in the country. On Monday, at the White House, Donald Trump signed an order to end a policy that confers citizenship to those born in the United States.

The change, set to take effect in 30 days, would upend more than a century of US policy and court interpretations of the US Constitution.

Also Read | Donald Trump's birthright citizenship order likely to affect millions of Indians

According to a Bloomberg report, immigration advocates filed a lawsuit on Monday evening in New Hampshire, shortly after the US President signed the executive order.

Donald Trump had campaigned on ending birthright citizenship despite warnings that he’d face stiff legal challenges. “The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States. We are also going to enhance vetting and screening of illegal aliens,” Donald Trump said in a briefing on Monday.

The ending of birthright citizenship was a key piece of the Donald Trump campaign's Agenda47 policy platform. The campaign said the Donald Trump administration would clarify the amendment, so it is understood “that US Citizenship extends only to those both born in AND 'subject to the jurisdiction' of the United States.”

Also Read | Can Donald Trump end birthright citizenship? Legal hurdles explained

To defend the measure, US Justice Department lawyers will now need to convince courts to agree with a narrower reading of the Constitution that’s been promoted by some conservative legal scholars, Bloomberg report said.

What is the 14th Amendment? How does it apply to birthright citizenship?

The 14th Amendment, ratified in 1868 after the Civil War, granted citizenship and rights to formerly enslaved people.

Section 1 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.”

Also Read | Vivek Ramaswamy vows to end ‘birthright citizenship’ for immigrants

The clause “subject to the jurisdiction thereof” most commonly excludes children born to foreign diplomats.

According to the American Immigration Council, birthright citizenship for foreigners has been affirmed by the Supreme Court despite being challenged many times.

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First Published:21 Jan 2025, 02:43 PM IST
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