US President, Donald Trump
A federal judge is set to decide whether to block President Donald Trump’s administration from enforcing an executive order limiting birthright citizenship.
The American Civil Liberties Union (ACLU) is urging U.S. District Judge Joseph Laplante to grant class action status to a lawsuit filed on behalf of non-U.S. citizens living in the United States whose babies might be affected by the order.
*The Executive Order*
Trump’s order directs federal agencies to refuse to recognize the citizenship of U.S.-born children who do not have at least one parent who is an American citizen or lawful permanent resident.
This move could potentially deny citizenship to over 150,000 newborns annually.
*The Supreme Court’s Ruling*
The U.S. Supreme Court recently restricted the ability of judges to block Trump’s policies using nationwide injunctions. However, the court’s ruling allows judges to continue blocking Trump policies on a nationwide basis in class action lawsuits.
Conservative Justice Amy Coney Barrett noted that the decision doesn’t prevent plaintiffs from obtaining similar relief through class action lawsuits.
*The ACLU’s Argument*
ACLU lawyers argue that Trump’s order likely violates the citizenship language in the U.S. Constitution’s 14th Amendment, 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.”
They are urging Laplante to certify a nationwide class of babies and their parents who would be affected by Trump’s order.
*Potential Impact*
If the order takes effect, thousands of families nationally would be unprotected, according to the ACLU.
Laplante previously ruled that Trump’s order contradicted the 14th Amendment and a 1898 Supreme Court ruling interpreting it, United States v. Wong Kim Ark. The judge’s decision could have significant implications for birthright citizenship in the United States.
Reuters
