President Donald Trump's attempt to roll back birthright citizenship has ignited a legal battle that experts predict will reach the Supreme Court. The policy, part of a broader set of executive actions aimed at cracking down on immigration, seeks to reinterpret the 14th Amendment, which grants citizenship to anyone born or naturalized in the U.S.
Trump's order argues that children born to parents who entered the U.S. illegally are not automatically entitled to citizenship. This interpretation hinges on the amendment's phrase "subject to the jurisdiction" of the U.S., which most legal scholars say applies only to foreign diplomats or others not bound by U.S. laws.
The Supreme Court has never ruled directly on this specific issue, although it upheld birthright citizenship in an 1898 case, United States v. Wong Kim Ark. In that decision, the court affirmed that a man born in the U.S. to Chinese immigrant parents was a citizen.
Trump's move has sparked immediate backlash. Connecticut Attorney General William Tong pledged swift legal action, telling reporters, "We will sue imminently, and I have every confidence we will win", as reported by NBC News. The American Civil Liberties Union also filed a lawsuit Monday night, challenging the constitutionality of Trump's plan.
This policy is one of several measures expected to trigger lawsuits. Trump's proposed use of the 18th-century Alien Enemies Act to deport certain immigrants, efforts to redirect congressional funding for a border wall, and plans to withhold environmental funds are all likely to face legal scrutiny from advocates as well.
Legal experts say that while rescinding previous policies may hold up in court, new or untested legal theories—like those underpinning the birthright citizenship order—are more vulnerable, even with a conservative-leaning Supreme Court.
Civil rights groups and Democratic attorneys general are set to challenge Trump's agenda, setting the stage for a protracted legal battle over the scope of presidential power and constitutional protections.
The American Civil Liberties Union (ACLU) is gearing up to challenge state laws that could ease the implementation of Trump's mass deportation agenda, with the goal of creating legal barriers to hinder large-scale raids during the Republican's administration.
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