- 18 states, along with the cities of San Francisco and Washington D.C., have sued President Trump to block his executive order that refuses to recognize the U.S.-born children of unauthorized immigrants as citizens.
- The order, signed on Monday, declares that future children born to undocumented immigrants will no longer be treated as citizens, and extends to children of some mothers who are in the country legally but temporarily, such as foreign students or tourists.
- The order asserts that the children of non-citizens are not “subject to the jurisdiction” of the United States and thus aren’t covered by the 14th Amendment’s guarantee of citizenship to every baby born in the United States.
- The lawsuit argues that the order is “extraordinary and extreme” and that the President cannot rewrite the Constitution with a stroke of the pen.
- The courts have long interpreted the 14th Amendment as guaranteeing citizenship to every baby born in the United States, regardless of their parents’ legal status.
- However, there are signs that the judiciary may be divided on the issue, with some judges being more sympathetic to the Trump administration’s arguments.
- The lawsuit is likely to be a long legal battle, and it is unclear how the courts will ultimately rule. Some legal experts believe that the courts will agree with the states and block the order, citing recent cases where the Supreme Court has ruled that the executive branch cannot single-handedly address major political controversies.
