The Justice Department has presented a robust defense of President Donald Trump's move to terminate birthright citizenship for certain immigrants' children. In court filings on Friday, the DOJ argued that the longstanding acceptance of birthright citizenship was based on a mistaken interpretation.
According to the DOJ's filing in a federal court in Maryland, the children of certain immigrant parents do not fall under the Constitution's protections as they owe allegiance to their parents' home country.
The department stated, 'A child born to foreign parents, other than lawful permanent residents, is considered domiciled in and owes allegiance to their parents' home country, thus not falling under the jurisdiction of the United States as per the Citizenship Clause.'
The lawsuit, initiated by pregnant immigrants in the US, including asylum seekers and temporary visa holders, challenges the policy that would deny citizenship to their children. The DOJ faces a deadline to submit similar filings in other legal cases, including those filed by Democratic state attorneys general.
In a recent ruling, a judge in Seattle deemed the president's policy as 'blatantly unconstitutional' and issued a temporary restraining order to halt its implementation until further review.
Multiple courts are set to deliberate on whether to impose a longer-lasting preliminary injunction on Trump's initiative to end birthright citizenship, which could lead to appeals and potentially reach the US Supreme Court.
In the Maryland case, US District Judge Deborah Boardman, appointed by President Joe Biden, will preside over a hearing on Wednesday, while hearings in other cases are scheduled in the subsequent days.
