UPDATE: The first legal ruling is in
Breaking: Federal judge blocks Pres Trump's executive order regarding birthright citizenship. Calls it "blatantly unconstitutional". Given the speed at which all these cases are likely to move, how long until the issue lands at #SCOTUS? I'll keep you updated ...
— Shannon Bream (@ShannonBream) January 23, 2025
***Original post***
On Monday President Donald Trump signed an executive order ending birthright citizenship for the children of illegal immigrants.
"Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth," the order states.
The move immediately prompted a lawsuit from the ACLU and 22 Democrat state attorneys general. The 14th amendment of the U.S. Constitution 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."
NOW: @ACLU_CalAction @ACLU is holding a press conference at the CA State Capitol announcing it filed a lawsuit to stop President Trump’s executive order attempting to reverse birthright citizenship.
— Eytan Wallace (@EytanWallace) January 21, 2025
ACLU leaders say they will do all they can “to defeat, to delay, to dilute… pic.twitter.com/joK64CUNVM
It was a strategy of the White House to push the executive order and prompt debate on the issue in the courts. The Trump administration argues, "That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race. But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States."
Eventually, the case could be taken up by the Supreme Court and the current justices may have a different interpretations or come to a different conclusion about how the 14th amendment is defined.
On Capitol Hill, Republican lawmakers introduced new legislation Tuesday to end birthright citizenship for illegal immigrants, noting it was never intended for foreigners who deliberately break the law.
🚨 I just introduced the Birthright Citizenship Act! This bill will build on President Trump’s executive order and codify these critical reforms into law.
— Brian Babin (@RepBrianBabin) January 21, 2025
It’s time to END the exploitation of loopholes in our immigration system. pic.twitter.com/KfBgc2aggm
The Framers of the 14th Amendment would be appalled at how abused the notion of “birthright citizenship” is today.
— Rep Andy Biggs (@RepAndyBiggsAZ) January 23, 2025
The privilege of United States citizenship is a priceless and profound gift.
It should not be granted to those who abuse our laws. pic.twitter.com/4avBB03LQn
President Trump was right to end birthright citizenship.
— Rep. Tom Tiffany (@RepTiffany) January 22, 2025
Communist China has exploited this loophole by having women travel to the Northern Mariana Islands to give birth, securing U.S. citizenship for their children.
It’s a national security threat, and it must end. pic.twitter.com/u5LThBfrkn
The only thing birthright citizenship births is more illegal immigration, which is why it needs to end.
— Rep. Diana Harshbarger (@RepHarshbarger) January 22, 2025
I’m proud to be an original co-sponsor of @RepBrianBabin’s bill introduced today that will put a stop to this misguided policy.
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