A federal judge is scheduled to hear arguments regarding President Donald Trump's executive order aimed at ending birthright citizenship for individuals born in the U.S. to undocumented immigrants. The order, issued during Trump's inauguration week, is currently on hold nationally due to a separate lawsuit filed by four states in Washington state, where a judge deemed the order 'blatantly unconstitutional.' A total of 22 states and various organizations have filed suits to block the executive action.
The upcoming hearing in Maryland federal court will involve immigrant-rights advocacy groups CASA and Asylum Seeker Advocacy Project, along with several expectant mothers as plaintiffs. The crux of the legal battle revolves around the 14th Amendment to the Constitution, ratified in 1868 following the Civil War and the Dred Scott Supreme Court decision.
The plaintiffs argue that birthright citizenship is a fundamental aspect of American democracy, deeply embedded in the nation's laws and contributing to a shared sense of national identity across generations. On the other hand, the Trump administration contends that children of noncitizens are not under the jurisdiction of the U.S. and therefore not entitled to citizenship.
The 14th Amendment, crafted to secure citizenship for former slaves and free African Americans, states that all individuals born or naturalized in the U.S. and subject to its jurisdiction are citizens of the country and the state where they reside. While 22 states with Democratic attorneys general are seeking to halt the order, 18 Republican attorneys general have announced their intention to support the president's directive.
Birthright citizenship, also known as jus soli or 'right of the soil,' is practiced in around 30 countries globally, with most of them located in the Americas, including Canada and Mexico. Trump's initial actions on immigration, including signing multiple executive orders and emphasizing mass deportations and border security, have sparked immediate repercussions and legal challenges.
The fate of Trump's immigration agenda may hinge on financial considerations, with Congress expected to deliberate on funding support soon. The president could potentially utilize emergency powers, as seen in his previous term with the border wall, to access resources from the Defense Department for implementing his policies.
