Rights organisations have filed a legal challenge in federal court in New Hampshire against US President Donald Trump’s latest efforts to restrict which infants born in the United States automatically receive birthright citizenship.
The lawsuit was launched on Tuesday, days after Trump signed two executive orders targeting the practice. The groups argue that the orders improperly seek to revise exceptions already defined by the US Constitution and Supreme Court rulings.
What the lawsuit challenges
The organisations bringing the case include the American Civil Liberties Union, Legal Defense Fund, Asian Law Caucus and Democracy Defenders Fund. They previously defeated Trump’s broader attempt to end birthright citizenship at the US Supreme Court.
One executive order sought to expand narrow categories under the 14th Amendment in which a person born in the United States is not automatically granted citizenship. The existing exceptions cover babies of foreign diplomats or invading forces, according to the source material.
Related coverage: Trump’s new orders seek narrower limits on birthright citizenship.
What Trump’s orders would address
The other order directed the heads of the Department of State and Department of Homeland Security to take measures against “birth tourism”, referring to mothers travelling to the United States for the sole purpose of giving birth.
The order on citizenship instructed government agencies not to issue documents recognising US citizenship to diplomatic staff living in the country, children of alleged members of “terrorist organisations”, people considered to be part of a “commercial transaction” intended to ensure a child is born in the United States, and certain people born in US territories.
Why the Supreme Court ruling matters
The administration’s lawyers had argued that birthright citizenship had been misinterpreted since the 14th Amendment was ratified in 1868, saying its citizenship guarantee was intended for children of newly freed slaves. In June, the Supreme Court rejected that position in a 6-3 ruling. Chief Justice John Roberts wrote that there was “scant evidence” for the argument and said the amendment extended its promise to “every free-born person in this land”.
More context: Trump asks Supreme Court to reinstate mail-in voting restrictions ahead of November elections.
The administration allowed the late-July deadline to ask the Supreme Court to reconsider that ruling to pass. Legal observers have described the new orders as a test of the June decision, but it is unclear whether the justices would hear a new case or regard the issue as settled. Justice Brett Kavanaugh was the one conservative justice who rejected the view that the administration’s earlier attempt was unconstitutional.
Political stakes and next steps
Trump’s renewed effort comes as several Republicans have highlighted birthright citizenship ahead of the midterm elections in November, presenting the Supreme Court’s decision as a conservative rallying point. The source material says it remains unclear whether that strategy will gain traction, while polls have regularly shown broad support for birthright citizenship.
The court challenge will determine whether the administration can pursue the narrower restrictions despite the June ruling. The organisations said the orders put the rights of immigrant communities and US-born children at issue.
Also read: Trump seeks Supreme Court review to dismiss $83m defamation award to E Jean Carroll.
No comments yet. Start the discussion.