By Michael P. Norton and Chris Lisinski
State House News Service
President Donald Trump's executive order attempting to redefine birthright citizenship drew an immediate lawsuit from immigrants' rights groups, including the ACLU of Massachusetts.
Trump signed a series of immigration-related orders soon after being inaugurated, including one that seeks to end more than a century of practice awarding US citizenship to everyone born on American soil, even if their parents are not citizens.
Trump's order instructs federal departments and agencies not to issue citizenship to anyone born here to a mother who is unlawfully present and a father who is not a citizen or lawful permanent resident, or to a mother who is here lawfully but temporarily and a father who is not a citizen or lawful permanent resident.
The order would take effect for births 30 days after Jan. 20, 2025 and would not apply to current U.S. citizens born to noncitizen parents.
Groups filed a federal lawsuit in New Hampshire within hours, alleging that the Trump administration is "flouting the Constitution's dictates, congressional intent, and longstanding Supreme Court precedent."
"Denying citizenship to U.S.-born children is not only unconstitutional -- it's also a reckless and ruthless repudiation of American values," said Anthony Romero, executive director of the American Civil Liberties Union. "Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans."
Plaintiffs in the case — New Hampshire Indonesian Community Support, League of United Latin American Citizens and Make the Road New York — say they work with families whose children would be denied citizenship under the order.
Several state branches of the ACLU, including Massachusetts, the NAACP Legal Defense and Educational Fund, and the State Democracy Defenders Fund also signed onto the complaint.
The legal debate will likely focus on interpretation of the Fourteenth Amendment to the U.S. Constitution, which declares 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."
Trump's executive order contends the amendment "has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof.'"
Plaintiffs pointed to the U.S. Supreme Court's 1898 decision in United States v. Wong Kim Ark, which ruled that the Constitution granted citizenship to a child born in the U.S. to parents who were Chinese nationals.
"The Citizenship Clause enshrined in the Constitution the fundamental common law rule of birth by citizenship, whereby all people born in the United States are citizens. The term 'subject to the jurisdiction' excludes only a few inapplicable categories — today, just the children of foreign diplomats," plaintiffs argued in the suit. "All other children born in the United States are citizens, no matter the immigration status of their parents."
More than 30 other countries, including neighbors Canada and Mexico, have unrestricted birthright citizenship policies similar to the US, according to the World Population Review. Another 32 offer citizenship to newly born babies with some restrictions, such as requiring one parent to be a citizen.
Trump targeted immigration in other executive orders, including measures suspending refugee resettlement and instructing agencies to expand vetting and screening of migrants.
His hardline stance on immigration has long worried advocacy groups. Elizabeth Sweet, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition, called Monday "a dark day for America."
"This clear deviation from American values is why the MIRA Coalition is more dedicated than ever to stand up for the rights of immigrants and refugees in Massachusetts and across the country. We remain focused on ensuring that all immigrants, regardless of status, know their rights and have access to legal representation," Sweet said. "At the same time, we call upon Beacon Hill to pass policies including the Safe Communities Act, which protects immigrants and prevents state and local law enforcement from doing the work of ICE agents."
In his order, Trump described U.S. citizenship as a "priceless and profound gift." The plaintiffs refer in their suit to the "priceless treasure" of citizenship, and allege that Trump's order violates the constitution's "citizenship clause."
"The Constitution and Congress - not President Trump - dictate who is entitled to full membership in American society," according to the lawsuit.