News Americas                                        January 22, 2025

   The executive order, issued shortly after Donald Trump’s inauguration, denies citizenship to children born on U.S. soil to undocumented parents, a move legal experts say directly contradicts the Fourteenth Amendment of the U.S. Constitution. The amendment’s Citizenship Clause explicitly states, “all persons born or naturalized in the United States… are citizens of the United States.“

   The lawsuit, spearheaded by Lawyers for Civil Rights, represents expectant mothers affected by the order along with two Massachusetts-based immigrant advocacy groups, La Colaborativa and the Brazilian Worker Center. Both organizations report being inundated with inquiries from concerned community members fearing for their children’s futures.

   “This Executive Order is a brutal and unconstitutional attempt to redefine what it means to be an American,” said Iván Espinoza-Madrigal, Executive Director for Lawyers for Civil Rights. “The Constitution is clear: birthplace, not parentage, determines citizenship in this country. This lawsuit is about ensuring that the fundamental rights guaranteed by our Constitution are upheld.”

   Legal experts argue that more than a century of Supreme Court precedent affirms that the President does not have the power to alter birthright citizenship, and they expect the courts to overturn the order.

   Advocates warn that the policy would have devastating consequences for affected families, depriving U.S.-born children of vital legal protections and benefits such as passports and Social Security numbers.

   “This is a blatant attack on immigrant families who are the backbone of our communities and economy,” said Gladys Vega, Executive Director of La Colaborativa. “Our members came to this country searching for a better life. Denying their children citizenship undermines the ideals of fairness and opportunity that define America.”

   The lawsuit argues that the order would effectively create a two-tiered system in which some children born in the U.S. would have fewer rights and protections based solely on their parents’ immigration status.

   Lenita Reason, Executive Director of the Brazilian Worker Center, echoed these concerns, stating, “This policy doesn’t just harm individuals – it tears at the fabric of our communities,” while Roman Palomares, LULAC National President and Chairman of the Board noted at “while we support sound immigration policies, we must uphold the United States Constitution.”

   “Any attempt to undermine the constitutionally protected birthright of those born in this country is an affront to both our laws and human decency,” he said. “We welcome the opportunity to collaborate with this administration to address genuine challenges and implement solutions to enhance our nation’s safety, security, and prosperity.”

   The plaintiffs are seeking an immediate injunction to halt the order’s implementation, citing the significant harm and widespread panic it has caused in immigrant communities.

   Immigrant advocates remain steadfast in their opposition to the order and are mobilizing efforts to ensure families are informed of their rights. The American Civil Liberties Union (ACLU) and other organizations are ramping up legal assistance and outreach efforts to support those affected.

   As legal battles unfold, immigrant communities across the country are bracing for the potential fallout, with advocacy groups vowing to fight for the protection of birthright citizenship and the fundamental rights of all children born in the U.S.

   Birthright citizenship, often referenced by Trump and his allies, is based on the legal principle of jus soli, meaning “right of the soil” in Latin. Simply put, it grants U.S. citizenship to nearly anyone born on U.S. soil, regardless of their parents’ immigration status.

   The concept of jus soli originates from English common law, which granted citizenship to individuals born in England. However, in the U.S., birthright citizenship is rooted in the 14th Amendment to the Constitution, ratified in 1868 to correct the 1857 Supreme Court ruling that denied citizenship to Black descendants of enslaved people.

The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This provision, known as the Citizenship Clause, remains the foundation of birthright citizenship today.

   The U.S. Supreme Court reaffirmed birthright citizenship in the landmark 1898 case United States v. Wong Kim Ark, ruling that a man born in the U.S. to Chinese immigrant parents was a U.S. citizen, despite his parents’ inability to naturalize.

   While most individuals born in the U.S. automatically receive citizenship, there are rare exceptions. These include: Children of foreign diplomats individuals born in American Samoa, a U.S. territory, who are not granted automatic citizenship without congressional action. Before 1924, Native Americans were also excluded until the passage of the Indian Citizenship Act.